HB0051 EngrossedLRB101 04573 SLF 49581 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-9-3 as follows:
6    (730 ILCS 5/5-9-3)  (from Ch. 38, par. 1005-9-3)
7    Sec. 5-9-3. Default.
8    (a) An offender who defaults in the payment of a fine or
9any installment of that fine may be held in contempt and
10imprisoned for nonpayment. The court may issue a summons for
11his or her appearance or a warrant of arrest. No less than 30
12days before the issuance of a warrant under this subsection, a
13notice shall be mailed to the offender by first class mail to
14the most recent address which the offender has provided to the
15court. The notice shall contain the following information:
16        (1) the amount of the fine which is due and owing;
17        (2) the docket number of the case in which the fine was
18    assessed;
19        (3) the due date for payment of the fine;
20        (4) instructions as to how payment of the fine may be
21    made;
22        (5) an explanation that intentional refusal to pay the
23    fine may result in imprisonment; and



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1        (6) instructions as to how the offender may request a
2    hearing to present evidence that the offender did not
3    intentionally refuse to pay the fine, and that failure to
4    pay was the result of the offender's inability to pay the
5    fine.
6    (b) Unless the offender shows that his or her default was
7not due to his or her intentional refusal to pay, or not due to
8a failure on his or her part to make a good faith effort to pay,
9the court may order the offender imprisoned for a term not to
10exceed 6 months if the fine was for a felony, or 30 days if the
11fine was for a misdemeanor, a petty offense, or a business
12offense. Payment of the fine at any time will entitle the
13offender to be released, but imprisonment under this Section
14shall not satisfy the payment of the fine.
15    (c) If it appears that the default in the payment of a fine
16is not intentional under subsection paragraph (b) of this
17Section, the court may enter an order allowing the offender
18additional time for payment, reducing the amount of the fine or
19of each installment, or revoking the fine or the unpaid
21    (d) When a fine is imposed on a corporation or
22unincorporated organization or association, it is the duty of
23the person or persons authorized to make disbursement of
24assets, and their superiors, to pay the fine from assets of the
25corporation or unincorporated organization or association. The
26failure of such persons to do so shall render them subject to



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1proceedings under subsections paragraphs (a) and (b) of this
3    (e) A default in the payment of a fine, fee, cost, order of
4restitution, judgment of bond forfeiture, judgment order of
5forfeiture, or any installment thereof may be collected by any
6and all means authorized for the collection of money judgments.
7The State's Attorney of the county in which the fine, fee,
8cost, order of restitution, judgment of bond forfeiture, or
9judgment order of forfeiture was imposed may retain attorneys
10and private collection agents for the purpose of collecting any
11default in payment of any fine, fee, cost, order of
12restitution, judgment of bond forfeiture, judgment order of
13forfeiture, or installment thereof. An additional fee of 30% of
14the delinquent amount and each taxable court cost including,
15without limitation, costs of service of process, shall be
16charged to the offender for any amount of the fine, fee, cost,
17restitution, or judgment of bond forfeiture or installment of
18the fine, fee, cost, restitution, or judgment of bond
19forfeiture that remains unpaid after the time fixed for payment
20of the fine, fee, cost, restitution, or judgment of bond
21forfeiture by the court. The additional fee shall be payable to
22the State's Attorney in order to compensate the State's
23Attorney for costs incurred in collecting the delinquent
24amount. The State's Attorney may enter into agreements
25assigning any portion of the fee to the retained attorneys or
26the private collection agent retained by the State's Attorney.



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1Any agreement between the State's Attorney and the retained
2attorneys or collection agents shall require the approval of
3the Circuit Clerk of that county. A default in payment of a
4fine, fee, cost, restitution, or judgment of bond forfeiture
5shall draw interest at the rate of 9% per annum.
6(Source: P.A. 98-373, eff. 1-1-14.)