101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3892
 
Introduced 10/17/2019, by Rep. La Shawn K. Ford
 
SYNOPSIS AS INTRODUCED:
 

 
705 ILCS 135/5-20

     Amends the Criminal and Traffic Assessment Act.   Provides that one hour of public or community service shall
be equivalent to the value of one hour of work at the State minimum wage or the minimum hourly wage in the municipality where the defendant resides, whichever is greater,  as calculated by the Department of Labor (rather than one hour of public or community service being equivalent to $4 of assessment). Provides that on the effective date of the Act and annually thereafter, the Director of Labor shall publish the Illinois minimum wage and the minimum wages of each municipality in the State that has enacted a minimum wage that is greater than the State minimum wage. Provides that the Director of Labor shall update the list if the State or municipal minimum wage is changed by law or if a municipality enacts an ordinance increasing its minimum wage that is greater than the State minimum wage. Provides that the published minimum wage list and updates shall be sent to the Administrative Office of the Illinois Courts to be provided to each judicial circuit in the State.  
  


LRB101 13485 RLC 62335 b

 
 
A BILL FOR
 

  
HB3892LRB101 13485 RLC 62335 b


  
1    AN ACT concerning courts.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal and Traffic Assessment Act is 
5amended  by changing Section 5-20 as follows:
 
6    (705 ILCS 135/5-20)
7    (This Section may contain text from a Public Act with a 
8delayed effective date)

9    (Section scheduled to be repealed on January 1, 2021)
10    Sec. 5-20. Credit; time served; community service.


11    (a) Any credit for time served prior to sentencing that 
12reduces the amount a defendant is required to pay shall be 
13deducted first from the fine, if any, ordered by the court. Any 
14remainder of the credit shall be equally divided between the 
15assessments indicated in the ordered schedule and conditional 
16assessments.
17    (b) Excluding any ordered conditional assessment, a 
18defendant who has been ordered to pay an assessment may 
19petition
the court to convert all or part of the assessment 
20into court-approved
public or community service. One hour of 
21public or community service shall
be equivalent to the value of 
22one hour of work at the State minimum wage as provided in the 
23Minimum Wage Law  or the minimum hourly wage in the municipality 
 
 
HB3892- 2 -LRB101 13485 RLC 62335 b

1where the defendant resides, whichever is greater,  as 
2calculated by the Department of Labor. On the effective date of 
3this amendatory Act of the 101st General Assembly and annually 
4thereafter, the Director of Labor shall publish the Illinois 
5minimum wage and the minimum wages of each municipality in this 
6State that has enacted by ordinance a minimum wage that is 
7greater than the State minimum wage. The Director of Labor 
8shall update the list if the State or municipal minimum wage is 
9changed by law or if a municipality enacts an ordinance 
10increasing its minimum wage that is greater than the State 
11minimum wage.  The published minimum wage list and updates shall 
12be sent to the Administrative Office of the Illinois Courts to 
13be provided to each judicial circuit in this State $4 of 
14assessment. The performance of this public or
community service 
15shall be a condition of probation, conditional
discharge, or 
16supervision and shall be in addition to the performance of any

17other period of public or community service ordered by the 
18court or required
by law.

19(Source: P.A. 100-987, eff. 7-1-19.)