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Public Act 094-0980


 

Public Act 0980 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0980
 
SB2272 Enrolled LRB094 17285 HLH 52578 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by changing Section
5-1101 as follows:
 
    (55 ILCS 5/5-1101)  (from Ch. 34, par. 5-1101)
    Sec. 5-1101. Additional fees to finance court system. A
county board may enact by ordinance or resolution the following
fees:
    (a) A $5 fee to be paid by the defendant on a judgment of
guilty or a grant of supervision for violation of the Illinois
Vehicle Code other than Section 11-501 or violations of similar
provisions contained in county or municipal ordinances
committed in the county, and up to a $30 fee to be paid by the
defendant on a judgment of guilty or a grant of supervision for
violation of Section 11-501 of the Illinois Vehicle Code or a
violation of a similar provision contained in county or
municipal ordinances committed in the county.
    (b) In the case of a county having a population of
1,000,000 or less, a $5 fee to be collected in all civil cases
by the clerk of the circuit court.
    (c) A fee to be paid by the defendant on a judgment of
guilty or a grant of supervision under Section 5-9-1 of the
Unified Code of Corrections, as follows:
        (1) for a felony, $50;
        (2) for a class A misdemeanor, $25;
        (3) for a class B or class C misdemeanor, $15;
        (4) for a petty offense, $10;
        (5) for a business offense, $10.
    (d) A $100 fee for the second and subsequent violations of
Section 11-501 of the Illinois Vehicle Code or violations of
similar provisions contained in county or municipal ordinances
committed in the county. The proceeds of this fee shall be
placed in the county general fund and used to finance education
programs related to driving under the influence of alcohol or
drugs.
    (d-5) A $10 fee to be paid by the defendant on a judgment
of guilty or a grant of supervision under Section 5-9-1 of the
Unified Code of Corrections to be placed in the county general
fund and used to finance the county mental health court.
    (e) In each county in which a teen court, peer court, peer
jury, youth court, or other youth diversion program has been
created, a county may adopt a mandatory fee of up to $5 to be
assessed as provided in this subsection. Assessments collected
by the clerk of the circuit court pursuant to this subsection
must be deposited into an account specifically for the
operation and administration of a teen court, peer court, peer
jury, youth court, or other youth diversion program. The clerk
of the circuit court shall collect the fees established in this
subsection and must remit the fees to the teen court, peer
court, peer jury, youth court, or other youth diversion program
monthly, less 5%, which is to be retained as fee income to the
office of the clerk of the circuit court. The fees are to be
paid as follows:
        (1) a fee of up to $5 paid by the defendant on a
    judgment of guilty or grant of supervision for violation of
    the Illinois Vehicle Code or violations of similar
    provisions contained in county or municipal ordinances
    committed in the county;
        (2) a fee of up to $5 paid by the defendant on a
    judgment of guilty or grant of supervision under Section
    5-9-1 of the Unified Code of Corrections for a felony; for
    a Class A, Class B, or Class C misdemeanor; for a petty
    offense; and for a business offense.
    (f) In each county in which a drug court has been created,
the county may adopt a mandatory fee of up to $5 to be assessed
as provided in this subsection. Assessments collected by the
clerk of the circuit court pursuant to this subsection must be
deposited into an account specifically for the operation and
administration of the drug court. The clerk of the circuit
court shall collect the fees established in this subsection and
must remit the fees to the drug court, less 5%, which is to be
retained as fee income to the office of the clerk of the
circuit court. The fees are to be paid as follows:
        (1) a fee of up to $5 paid by the defendant on a
    judgment of guilty or grant of supervision for a violation
    of the Illinois Vehicle Code or a violation of a similar
    provision contained in a county or municipal ordinance
    committed in the county; or
        (2) a fee of up to $5 paid by the defendant on a
    judgment of guilty or a grant of supervision under Section
    5-9-1 of the Unified Code of Corrections for a felony; for
    a Class A, Class B, or Class C misdemeanor; for a petty
    offense; and for a business offense.
         The clerk of the circuit court shall deposit the 5%
    retained under this subsection into the Circuit Court Clerk
    Operation and Administrative Fund to be used to defray the
    costs of collection and disbursement of the drug court fee.
    (g) (f) The proceeds of all fees enacted under this Section
must, except as provided in subsections (d), and (d-5), and
(e), and (f) be placed in the county general fund and used to
finance the court system in the county, unless the fee is
subject to disbursement by the circuit clerk as provided under
Section 27.5 of the Clerks of Courts Act.
(Source: P.A. 93-892, eff. 1-1-05; 93-992, eff. 1-1-05; revised
10-14-04.)
 
    Section 5. The Clerks of Courts Act is amended by adding
Section 27.3d as follows:
 
    (705 ILCS 105/27.3d new)
    Sec. 27.3d. Circuit Court Clerk Operation and
Administrative Fund. Each circuit court clerk shall create a
Circuit Court Clerk Operation and Administrative Fund, to be
used to offset the costs incurred by the circuit court clerk in
performing the additional duties required to collect and
disburse funds to entities of State and local government as
provided by law. The circuit court clerk shall be the
custodian, ex officio, of this Fund and shall use the Fund to
perform the duties required by the office. The Fund shall be
audited by an auditor retained by the clerk for the purpose of
conducting an annual audit. Expenditures shall be made from the
Fund by the circuit court clerk for expenses related to the
cost of collection for and disbursement to entities of State
and local government.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/30/2006