Public Act 097-0761
 
SB1047 EnrolledLRB097 04751 RLC 44790 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Clerks of Courts Act is amended by changing
Section 27.3a as follows:
 
    (705 ILCS 105/27.3a)
    (Text of Section before amendment by P.A. 97-46)
    Sec. 27.3a. Fees for automated record keeping, probation
and court services operations, and State Police operations.
    1. The expense of establishing and maintaining automated
record keeping systems in the offices of the clerks of the
circuit court shall be borne by the county. To defray such
expense in any county having established such an automated
system or which elects to establish such a system, the county
board may require the clerk of the circuit court in their
county to charge and collect a court automation fee of not less
than $1 nor more than $15 to be charged and collected by the
clerk of the court. Such fee shall be paid at the time of
filing the first pleading, paper or other appearance filed by
each party in all civil cases or by the defendant in any
felony, traffic, misdemeanor, municipal ordinance, or
conservation case upon a judgment of guilty or grant of
supervision, provided that the record keeping system which
processes the case category for which the fee is charged is
automated or has been approved for automation by the county
board, and provided further that no additional fee shall be
required if more than one party is presented in a single
pleading, paper or other appearance. Such fee shall be
collected in the manner in which all other fees or costs are
collected.
    1.1. Starting on the effective date of this amendatory Act
of the 97th General Assembly and pursuant to an administrative
order from the chief judge of the circuit or the presiding
judge of the county authorizing such collection, a clerk of the
circuit court in any county that imposes a fee pursuant to
subsection 1 of this Section shall also charge and collect an
additional $10 operations fee for probation and court services
department operations.
    This additional fee shall be paid by the defendant in any
felony, traffic, misdemeanor, local ordinance, or conservation
case upon a judgment of guilty or grant of supervision, except
such $10 operations fee shall not be charged and collected in
cases governed by Supreme Court Rule 529 in which the bail
amount is $120 or less.
    1.2. With respect to the fee imposed and collected under
subsection 1.1 of this Section, each clerk shall transfer all
fees monthly to the county treasurer for deposit into the
probation and court services fund created under Section 15.1 of
the Probation and Probation Officers Act, and such monies shall
be disbursed from the fund only at the direction of the chief
judge of the circuit or another judge designated by the Chief
Circuit Judge in accordance with the policies and guidelines
approved by the Supreme Court.
    1.5. Starting on the effective date of this amendatory Act
of the 96th General Assembly, a clerk of the circuit court in
any county that imposes a fee pursuant to subsection 1 of this
Section, shall charge and collect an additional fee in an
amount equal to the amount of the fee imposed pursuant to
subsection 1 of this Section. This additional fee shall be paid
by the defendant in any felony, traffic, misdemeanor, local
ordinance, or conservation case upon a judgment of guilty or
grant of supervision.
    2. With respect to the fee imposed under subsection 1 of
this Section, each clerk shall commence such charges and
collections upon receipt of written notice from the chairman of
the county board together with a certified copy of the board's
resolution, which the clerk shall file of record in his office.
    3. With respect to the fee imposed under subsection 1 of
this Section, such fees shall be in addition to all other fees
and charges of such clerks, and assessable as costs, and may be
waived only if the judge specifically provides for the waiver
of the court automation fee. The fees shall be remitted monthly
by such clerk to the county treasurer, to be retained by him in
a special fund designated as the court automation fund. The
fund shall be audited by the county auditor, and the board
shall make expenditure from the fund in payment of any cost
related to the automation of court records, including hardware,
software, research and development costs and personnel related
thereto, provided that the expenditure is approved by the clerk
of the court and by the chief judge of the circuit court or his
designate.
    4. With respect to the fee imposed under subsection 1 of
this Section, such fees shall not be charged in any matter
coming to any such clerk on change of venue, nor in any
proceeding to review the decision of any administrative
officer, agency or body.
    5. With respect to the additional fee imposed under
subsection 1.5 of this Section, the fee shall be remitted by
the circuit clerk to the State Treasurer within one month after
receipt for deposit into the State Police Operations Assistance
Fund.
    6. With respect to the additional fees imposed under
subsection 1.5 of this Section, the Director of State Police
may direct the use of these fees for homeland security purposes
by transferring these fees on a quarterly basis from the State
Police Operations Assistance Fund into the Illinois Law
Enforcement Alarm Systems (ILEAS) Fund for homeland security
initiatives programs. The transferred fees shall be allocated,
subject to the approval of the ILEAS Executive Board, as
follows: (i) 66.6% shall be used for homeland security
initiatives and (ii) 33.3% shall be used for airborne
operations. The ILEAS Executive Board shall annually supply the
Director of State Police with a report of the use of these
fees.
(Source: P.A. 96-1029, eff. 7-13-10; 97-453, eff. 8-19-11.)
 
    (Text of Section after amendment by P.A. 97-46)
    Sec. 27.3a. Fees for automated record keeping, probation
and court services operations, and State and Conservation
Police operations.
    1. The expense of establishing and maintaining automated
record keeping systems in the offices of the clerks of the
circuit court shall be borne by the county. To defray such
expense in any county having established such an automated
system or which elects to establish such a system, the county
board may require the clerk of the circuit court in their
county to charge and collect a court automation fee of not less
than $1 nor more than $15 to be charged and collected by the
clerk of the court. Such fee shall be paid at the time of
filing the first pleading, paper or other appearance filed by
each party in all civil cases or by the defendant in any
felony, traffic, misdemeanor, municipal ordinance, or
conservation case upon a judgment of guilty or grant of
supervision, provided that the record keeping system which
processes the case category for which the fee is charged is
automated or has been approved for automation by the county
board, and provided further that no additional fee shall be
required if more than one party is presented in a single
pleading, paper or other appearance. Such fee shall be
collected in the manner in which all other fees or costs are
collected.
    1.1. Starting on the effective date of this amendatory Act
of the 97th General Assembly and pursuant to an administrative
order from the chief judge of the circuit or the presiding
judge of the county authorizing such collection, a clerk of the
circuit court in any county that imposes a fee pursuant to
subsection 1 of this Section shall also charge and collect an
additional $10 operations fee for probation and court services
department operations.
    This additional fee shall be paid by the defendant in any
felony, traffic, misdemeanor, local ordinance, or conservation
case upon a judgment of guilty or grant of supervision, except
such $10 operations fee shall not be charged and collected in
cases governed by Supreme Court Rule 529 in which the bail
amount is $120 or less.
    1.2. With respect to the fee imposed and collected under
subsection 1.1 of this Section, each clerk shall transfer all
fees monthly to the county treasurer for deposit into the
probation and court services fund created under Section 15.1 of
the Probation and Probation Officers Act, and such monies shall
be disbursed from the fund only at the direction of the chief
judge of the circuit or another judge designated by the Chief
Circuit Judge in accordance with the policies and guidelines
approved by the Supreme Court.
    1.5. Starting on the effective date of this amendatory Act
of the 96th General Assembly, a clerk of the circuit court in
any county that imposes a fee pursuant to subsection 1 of this
Section, shall charge and collect an additional fee in an
amount equal to the amount of the fee imposed pursuant to
subsection 1 of this Section. This additional fee shall be paid
by the defendant in any felony, traffic, misdemeanor, or local
ordinance case upon a judgment of guilty or grant of
supervision. This fee shall not be paid by the defendant for
any conservation violation listed in subsection 1.6 of this
Section.
    1.6. Starting on July 1, 2012 (the effective date of Public
Act 97-46) this amendatory Act of the 97th General Assembly, a
clerk of the circuit court in any county that imposes a fee
pursuant to subsection 1 of this Section shall charge and
collect an additional fee in an amount equal to the amount of
the fee imposed pursuant to subsection 1 of this Section. This
additional fee shall be paid by the defendant upon a judgment
of guilty or grant of supervision for a conservation violation
under the State Parks Act, the Recreational Trails of Illinois
Act, the Illinois Explosives Act, the Timber Buyers Licensing
Act, the Forest Products Transportation Act, the Firearm Owners
Identification Card Act, the Environmental Protection Act, the
Fish and Aquatic Life Code, the Wildlife Code, the Cave
Protection Act, the Illinois Exotic Weed Act, the Illinois
Forestry Development Act, the Ginseng Harvesting Act, the
Illinois Lake Management Program Act, the Illinois Natural
Areas Preservation Act, the Illinois Open Land Trust Act, the
Open Space Lands Acquisition and Development Act, the Illinois
Prescribed Burning Act, the State Forest Act, the Water Use Act
of 1983, the Illinois Youth and Young Adult Employment Act of
1986, the Snowmobile Registration and Safety Act, the Boat
Registration and Safety Act, the Illinois Dangerous Animals
Act, the Hunter and Fishermen Interference Prohibition Act, the
Wrongful Tree Cutting Act, or Section 11-1426.1, 11-1426.2,
11-1427, 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or
11-1427.5 of the Illinois Vehicle Code.
    2. With respect to the fee imposed under subsection 1 of
this Section, each clerk shall commence such charges and
collections upon receipt of written notice from the chairman of
the county board together with a certified copy of the board's
resolution, which the clerk shall file of record in his office.
    3. With respect to the fee imposed under subsection 1 of
this Section, such fees shall be in addition to all other fees
and charges of such clerks, and assessable as costs, and may be
waived only if the judge specifically provides for the waiver
of the court automation fee. The fees shall be remitted monthly
by such clerk to the county treasurer, to be retained by him in
a special fund designated as the court automation fund. The
fund shall be audited by the county auditor, and the board
shall make expenditure from the fund in payment of any cost
related to the automation of court records, including hardware,
software, research and development costs and personnel related
thereto, provided that the expenditure is approved by the clerk
of the court and by the chief judge of the circuit court or his
designate.
    4. With respect to the fee imposed under subsection 1 of
this Section, such fees shall not be charged in any matter
coming to any such clerk on change of venue, nor in any
proceeding to review the decision of any administrative
officer, agency or body.
    5. With respect to the additional fee imposed under
subsection 1.5 of this Section, the fee shall be remitted by
the circuit clerk to the State Treasurer within one month after
receipt for deposit into the State Police Operations Assistance
Fund.
    6. With respect to the additional fees imposed under
subsection 1.5 of this Section, the Director of State Police
may direct the use of these fees for homeland security purposes
by transferring these fees on a quarterly basis from the State
Police Operations Assistance Fund into the Illinois Law
Enforcement Alarm Systems (ILEAS) Fund for homeland security
initiatives programs. The transferred fees shall be allocated,
subject to the approval of the ILEAS Executive Board, as
follows: (i) 66.6% shall be used for homeland security
initiatives and (ii) 33.3% shall be used for airborne
operations. The ILEAS Executive Board shall annually supply the
Director of State Police with a report of the use of these
fees.
    7. 6. With respect to the additional fee imposed under
subsection 1.6 of this Section, the fee shall be remitted by
the circuit clerk to the State Treasurer within one month after
receipt for deposit into the Conservation Police Operations
Assistance Fund.
(Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12;
97-453, eff. 8-19-11; revised 10-4-11.)
 
    Section 10. The Probation and Probation Officers Act is
amended by changing Section 15.1 as follows:
 
    (730 ILCS 110/15.1)  (from Ch. 38, par. 204-7.1)
    Sec. 15.1. Probation and Court Services Fund.
    (a) The county treasurer in each county shall establish a
probation and court services fund consisting of fees collected
pursuant to subsection (i) of Section 5-6-3 and subsection (i)
of Section 5-6-3.1 of the Unified Code of Corrections,
subsection (10) of Section 5-615 and subsection (5) of Section
5-715 of the Juvenile Court Act of 1987, and paragraph 14.3 of
subsection (b) of Section 110-10 of the Code of Criminal
Procedure of 1963. The county treasurer shall disburse monies
from the fund only at the direction of the chief judge of the
circuit court in such circuit where the county is located. The
county treasurer of each county shall, on or before January 10
of each year, submit an annual report to the Supreme Court.
    (b) Monies in the probation and court services fund shall
be appropriated by the county board to be used within the
county or jurisdiction where collected in accordance with
policies and guidelines approved by the Supreme Court for the
costs of operating the probation and court services department
or departments; however, except as provided in subparagraphs
subparagraph (g) and (h), monies in the probation and court
services fund shall not be used for the payment of salaries of
probation and court services personnel.
    (c) Monies expended from the probation and court services
fund shall be used to supplement, not supplant, county
appropriations for probation and court services.
    (d) Interest earned on monies deposited in a probation and
court services fund may be used by the county for its ordinary
and contingent expenditures.
    (e) The county board may appropriate moneys from the
probation and court services fund, upon the direction of the
chief judge, to support programs that are part of the continuum
of juvenile delinquency intervention programs which are or may
be developed within the county. The grants from the probation
and court services fund shall be for no more than one year and
may be used for any expenses attributable to the program
including administration and oversight of the program by the
probation department.
    (f) The county board may appropriate moneys from the
probation and court services fund, upon the direction of the
chief judge, to support practices endorsed or required under
the Sex Offender Management Board Act, including but not
limited to sex offender evaluation, treatment, and monitoring
programs that are or may be developed within the county.
    (g) For the State Fiscal Years 2005, 2006, and 2007 only,
the Administrative Office of the Illinois Courts may permit a
county or circuit to use its probation and court services fund
for the payment of salaries of probation officers and other
court services personnel whose salaries are reimbursed under
this Act if the State's FY2005, FY2006, or FY2007 appropriation
to the Supreme Court for reimbursement to counties for
probation salaries and services is less than the amount
appropriated to the Supreme Court for these purposes for State
Fiscal Year 2004. The Administrative Office of the Illinois
Courts shall take into account each county's or circuit's
probation fee collections and expenditures when apportioning
the total reimbursement for each county or circuit.
    (h) The Administrative Office of the Illinois Courts may
permit a county or circuit to use its probation and court
services fund for the payment of salaries of probation officers
and other court services personnel whose salaries are
reimbursed under this Act in any State fiscal year that the
appropriation for reimbursement to counties for probation
salaries and services is less than the amount appropriated to
the Supreme Court for these purposes for State Fiscal Year
2002, except that the Administrative Office of the Illinois
Courts shall adjust this amount appropriated in 2002 by 3% per
year and may continue to permit use of the probation and court
services fund for salaries in any State fiscal year where the
State reimbursement to counties is regularly delayed more than
4 months. The Administrative Office of the Illinois Courts
shall take into account each county's or circuit's probation
fee collections and expenditures when appropriating the total
reimbursement for each county or circuit. Any amount
appropriated to the Supreme Court in any State fiscal year for
the purpose of reimbursing Cook County for the salaries and
operations of the Cook County Juvenile Temporary Detention
Center shall not be counted in the total appropriation to the
Supreme Court in that State fiscal year for reimbursement to
counties for probation salaries and services, for the purposes
of this paragraph (h).
(Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707,
eff. 1-11-08.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/6/2012