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Public Act 093-0892


 

Public Act 0892 93RD GENERAL ASSEMBLY



 


 
Public Act 093-0892
 
HB0307 Enrolled LRB093 04521 MKM 04574 b

    AN ACT in relation to court fees.
 
    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.
    (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) The proceeds of all fees enacted under this Section
must shall, except as provided in subsections subsection (d)
and (e), 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. 87-670; 87-1075; 87-1230; 88-45.)

Effective Date: 1/1/2005