101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4157

 

Introduced 1/22/2020, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/124A-20

    Amends the Code of Criminal Procedure of 1963. Makes a technical change in the Section concerning assessment waivers.


LRB101 17819 RLC 67250 b

 

 

A BILL FOR

 

HB4157LRB101 17819 RLC 67250 b

1    AN ACT concerning fines, fees, and assessments.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 124A-20 as follows:
 
6    (725 ILCS 5/124A-20)
7    Sec. 124A-20. Assessment waiver.
8    (a) As used in this this Section:
9        "Assessments" means any costs imposed on a criminal
10    defendant under Article 15 of the Criminal and Traffic
11    Assessment Act, but does not include violation of the
12    Illinois Vehicle Code assessments.
13        "Indigent person" means any person who meets one or
14    more of the following criteria:
15            (1) He or she is receiving assistance under one or
16        more of the following means-based governmental public
17        benefits programs: Supplemental Security Income; Aid
18        to the Aged, Blind and Disabled; Temporary Assistance
19        for Needy Families; Supplemental Nutrition Assistance
20        Program; General Assistance; Transitional Assistance;
21        or State Children and Family Assistance.
22            (2) His or her available personal income is 200% or
23        less of the current poverty level, unless the

 

 

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1        applicant's assets that are not exempt under Part 9 or
2        10 of Article XII of the Code of Civil Procedure are of
3        a nature and value that the court determines that the
4        applicant is able to pay the assessments.
5            (3) He or she is, in the discretion of the court,
6        unable to proceed in an action with payment of
7        assessments and whose payment of those assessments
8        would result in substantial hardship to the person or
9        his or her family.
10        "Poverty level" means the current poverty level as
11    established by the United States Department of Health and
12    Human Services.
13    (b) Upon the application of any defendant, after the
14commencement of an action, but no later than 30 days after
15sentencing:
16        (1) If the court finds that the applicant is an
17    indigent person, the court shall grant the applicant a full
18    assessment waiver exempting him or her from the payment of
19    any assessments.
20        (2) The court shall grant the applicant a partial
21    assessment as follows:
22            (A) 75% of all assessments shall be waived if the
23        applicant's available income is greater than 200% but
24        no more than 250% of the poverty level, unless the
25        applicant's assets that are not exempt under Part 9 or
26        10 of Article XII of the Code of Civil Procedure are

 

 

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1        such that the applicant is able, without undue
2        hardship, to pay the total assessments.
3            (B) 50% of all assessments shall be waived if the
4        applicant's available income is greater than 250% but
5        no more than 300% of the poverty level, unless the
6        applicant's assets that are not exempt under Part 9 or
7        10 of Article XII of the Code of Civil Procedure are
8        such that the court determines that the applicant is
9        able, without undue hardship, to pay a greater portion
10        of the assessments.
11            (C) 25% of all assessments shall be waived if the
12        applicant's available income is greater than 300% but
13        no more than 400% of the poverty level, unless the
14        applicant's assets that are not exempt under Part 9 or
15        10 of Article XII of the Code of Civil Procedure are
16        such that the court determines that the applicant is
17        able, without undue hardship, to pay a greater portion
18        of the assessments.
19    (c) An application for a waiver of assessments shall be in
20writing, signed by the defendant or, if the defendant is a
21minor, by another person having knowledge of the facts, and
22filed no later than 30 days after sentencing. The contents of
23the application for a waiver of assessments, and the procedure
24for deciding the applications, shall be established by Supreme
25Court Rule. Factors to consider in evaluating an application
26shall include:

 

 

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1        (1) the applicant's receipt of needs based
2    governmental public benefits, including Supplemental
3    Security Income (SSI); Aid to the Aged, Blind and Disabled
4    (ADBD); Temporary Assistance for Needy Families (TANF);
5    Supplemental Nutrition Assistance Program (SNAP or "food
6    stamps"); General Assistance; Transitional Assistance; or
7    State Children and Family Assistance;
8        (2) the employment status of the applicant and amount
9    of monthly income, if any;
10        (3) income received from the applicant's pension,
11    Social Security benefits, unemployment benefits, and other
12    sources;
13        (4) income received by the applicant from other
14    household members;
15        (5) the applicant's monthly expenses, including rent,
16    home mortgage, other mortgage, utilities, food, medical,
17    vehicle, childcare, debts, child support, and other
18    expenses; and
19        (6) financial affidavits or other similar supporting
20    documentation provided by the applicant showing that
21    payment of the imposed assessments would result in
22    substantial hardship to the applicant or the applicant's
23    family.
24    (d) The clerk of court shall provide the application for a
25waiver of assessments to any defendant who indicates an
26inability to pay the assessments. The clerk of the court shall

 

 

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1post in a conspicuous place in the courthouse a notice, no
2smaller than 8.5 x 11 inches and using no smaller than 30-point
3typeface printed in English and in Spanish, advising criminal
4defendants they may ask the court for a waiver of any court
5ordered assessments. The notice shall be substantially as
6follows:
7        "If you are unable to pay the required assessments, you
8    may ask the court to waive payment of them. Ask the clerk
9    of the court for forms."
10    (e) For good cause shown, the court may allow an applicant
11whose application is denied or who receives a partial
12assessment waiver to defer payment of the assessments, make
13installment payments, or make payment upon reasonable terms and
14conditions stated in the order.
15    (f) Nothing in this Section shall be construed to affect
16the right of a party to court-appointed counsel, as authorized
17by any other provision of law or by the rules of the Illinois
18Supreme Court.
19    (g) The provisions of this Section are severable under
20Section 1.31 of the Statute on Statutes.
21(Source: P.A. 100-987, eff. 7-1-19.)