101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3893

 

Introduced 10/17/2019, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 135/5-10

    Amends the Criminal and Traffic Assessment Act. Provides that before the court orders an assessment, the court shall make a determination of the defendant's ability to pay the assessment. Provides that if the court determines that the defendant is unable to pay the assessment, the court may reduce the assessment or waive the assessment in the court's discretion.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3893LRB101 13486 RLC 62336 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 5-10 as follows:
 
6    (705 ILCS 135/5-10)
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9    (Section scheduled to be repealed on January 1, 2021)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. 5-10. Schedules; payment.
11    (a) In each case, the court shall order an assessment at
12the time of sentencing, as set forth in this Act, for a
13defendant to pay in addition to any fine, restitution, or
14forfeiture ordered by the court when the defendant is convicted
15of, pleads guilty to, or is placed on court supervision for a
16violation of a statute of this State or a similar local
17ordinance. The court may order a fine, restitution, or
18forfeiture on any violation that is being sentenced but shall
19order only one assessment from the Schedule of Assessments 1
20through 13 of this Act for all sentenced violations in a case,
21that being the schedule applicable to the highest classified
22offense violation that is being sentenced, plus any conditional
23assessments under Section 15-70 of this Act applicable to any

 

 

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1sentenced violation in the case.
2    (b) Before the court orders an assessment, the court shall
3make a determination of the defendant's ability to pay the
4assessment. If the court determines that the defendant is
5unable to pay the assessment, the court may reduce the
6assessment or waive the assessment in the court's discretion.
7If the court finds that the schedule of assessments will cause
8an undue burden on any victim in a case or if the court orders
9community service or some other punishment in place of the
10applicable schedule of assessments, the court may reduce the
11amount set forth in the applicable schedule of assessments or
12not order the applicable schedule of assessments. If the court
13reduces the amount set forth in the applicable schedule of
14assessments, then all recipients of the funds collected will
15receive a prorated amount to reflect the reduction.
16    (c) The court may order the assessments to be paid
17forthwith or within a specified period of time or in
18installments.
19    (c-3) Excluding any ordered conditional assessment, if the
20assessment is not paid within the period of probation,
21conditional discharge, or supervision to which the defendant
22was originally sentenced, the court may extend the period of
23probation, conditional discharge, or supervision under Section
245-6-2 or 5-6-3.1 of the Unified Code of Corrections, as
25applicable, until the assessment is paid or until successful
26completion of public or community service set forth in

 

 

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1subsection (b) of Section 5-20 of this Act or the successful
2completion of the substance abuse intervention or treatment
3program set forth in subsection (c-5) of this Section.
4    (c-5) Excluding any ordered conditional assessment, the
5court may suspend the collection of the assessment; provided,
6the defendant agrees to enter a substance abuse intervention or
7treatment program approved by the court; and further provided
8that the defendant agrees to pay for all or some portion of the
9costs associated with the intervention or treatment program. In
10this case, the collection of the assessment shall be suspended
11during the defendant's participation in the approved
12intervention or treatment program. Upon successful completion
13of the program, the defendant may apply to the court to reduce
14the assessment imposed under this Section by any amount
15actually paid by the defendant for his or her participation in
16the program. The court shall not reduce the assessment under
17this subsection unless the defendant establishes to the
18satisfaction of the court that he or she has successfully
19completed the intervention or treatment program. If the
20defendant's participation is for any reason terminated before
21his or her successful completion of the intervention or
22treatment program, collection of the entire assessment imposed
23under this Act shall be enforced. Nothing in this Section shall
24be deemed to affect or suspend any other fines, restitution
25costs, forfeitures, or assessments imposed under this or any
26other Act.

 

 

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1    (d) Except as provided in Section 5-15 of this Act, the
2defendant shall pay to the clerk of the court and the clerk
3shall remit the assessment to the appropriate entity as set
4forth in the ordered schedule of assessments within one month
5of its receipt.
6    (e) Unless a court ordered payment schedule is implemented
7or the assessment requirements of this Act are waived under a
8court order, the clerk of the circuit court may add to any
9unpaid assessments under this Act a delinquency amount equal to
105% of the unpaid assessments that remain unpaid after 30 days,
1110% of the unpaid assessments that remain unpaid after 60 days,
12and 15% of the unpaid assessments that remain unpaid after 90
13days. Notice to those parties may be made by signage posting or
14publication. The additional delinquency amounts collected
15under this Section shall be deposited into the Circuit Clerk
16Operations and Administration Fund and used to defray
17additional administrative costs incurred by the clerk of the
18circuit court in collecting unpaid assessments.
19(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)