101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2482

 

Introduced 1/22/2020___________, by

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 135/5-20
725 ILCS 5/124A-20

    Amends the Criminal and Traffic Assessment Act. Deletes language providing that one hour of public or community service shall be equivalent to $4 of assessment. Provides instead that the period of public service necessary to satisfy the assessment shall be set by the court, but in no event shall the hourly rate of the public or community service performed by the defendant be equivalent to less than $10 per hour. Deletes language providing that the performance of public or community service shall be a condition of probation, conditional discharge, or supervision and shall be in addition to the performance of any other period of public or community service ordered by the court or required by law. Amends the Code of Criminal Procedure of 1963. In a provision regarding assessment waiver, removes language from the definition of "assessments" excluding assessments tied to violations of the Illinois Vehicle Code. Effective immediately.


LRB101 15103 LNS 64223 b

 

 

A BILL FOR

 

SB2482LRB101 15103 LNS 64223 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    (Text of Section before amendment by P.A. 101-408)
8    (Section scheduled to be repealed on January 1, 2021)
9    Sec. 5-20. Credit; time served; community service.
10    (a) Any credit for time served prior to sentencing that
11reduces the amount a defendant is required to pay shall be
12deducted first from the fine, if any, ordered by the court. Any
13remainder of the credit shall be equally divided between the
14assessments indicated in the ordered schedule and conditional
15assessments.
16    (b) Excluding any ordered conditional assessment, a
17defendant who has been ordered to pay an assessment may
18petition the court to convert all or part of the assessment
19into court-approved public or community service. The period of
20public service necessary to satisfy the assessment shall be set
21by the court, but in no event shall the hourly rate of the
22public or community service performed by the defendant be
23equivalent to less than $10 per hour. The court may adjust the

 

 

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1hourly rate of public or community service in accordance with
2this amendatory Act of the 101st General Assembly for any
3mandatory assessments imposed between July 1, 2019 and the
4effective date of this amendatory Act of the 101st General
5Assembly One hour of public or community service shall be
6equivalent to $4 of assessment. The performance of this public
7or community service shall be a condition of probation,
8conditional discharge, or supervision and shall be in addition
9to the performance of any other period of public or community
10service ordered by the court or required by law.
11(Source: P.A. 100-987, eff. 7-1-19.)
 
12    (Text of Section after amendment by P.A. 101-408)
13    (Section scheduled to be repealed on January 1, 2021)
14    Sec. 5-20. Credit; time served; community service.
15    (a) Any credit for time served prior to sentencing that
16reduces the amount a defendant is required to pay shall be
17deducted from the fine, if any, ordered by the court.
18    (b) Excluding any ordered conditional assessment, a
19defendant who has been ordered to pay an assessment may
20petition the court to convert all or part of the assessment
21into court-approved public or community service. The period of
22public service necessary to satisfy the assessment shall be set
23by the court, but in no event shall the hourly rate of the
24public or community service performed by the defendant be
25equivalent to less than $10 per hour. The court may adjust the

 

 

SB2482- 3 -LRB101 15103 LNS 64223 b

1hourly rate of public or community service in accordance with
2this amendatory Act of the 101st General Assembly for any
3mandatory assessments imposed between July 1, 2019 and the
4effective date of this amendatory Act of the 101st General
5Assembly One hour of public or community service shall be
6equivalent to $4 of assessment. The performance of this public
7or community service shall be a condition of probation,
8conditional discharge, or supervision and shall be in addition
9to the performance of any other period of public or community
10service ordered by the court or required by law.
11(Source: P.A. 100-987, eff. 7-1-19; 101-408, eff. 1-1-20.)
 
12    Section 10. The Code of Criminal Procedure of 1963 is
13amended by changing Section 124A-20 as follows:
 
14    (725 ILCS 5/124A-20)
15    Sec. 124A-20. Assessment waiver.
16    (a) As used in this Section:
17        "Assessments" means any costs imposed on a criminal
18    defendant under Article 15 of the Criminal and Traffic
19    Assessment Act, but does not include violation of the
20    Illinois Vehicle Code assessments.
21        "Indigent person" means any person who meets one or
22    more of the following criteria:
23            (1) He or she is receiving assistance under one or
24        more of the following means-based governmental public

 

 

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1        benefits programs: Supplemental Security Income; Aid
2        to the Aged, Blind and Disabled; Temporary Assistance
3        for Needy Families; Supplemental Nutrition Assistance
4        Program; General Assistance; Transitional Assistance;
5        or State Children and Family Assistance.
6            (2) His or her available personal income is 200% or
7        less of the current poverty level, unless the
8        applicant's assets that are not exempt under Part 9 or
9        10 of Article XII of the Code of Civil Procedure are of
10        a nature and value that the court determines that the
11        applicant is able to pay the assessments.
12            (3) He or she is, in the discretion of the court,
13        unable to proceed in an action with payment of
14        assessments and whose payment of those assessments
15        would result in substantial hardship to the person or
16        his or her family.
17        "Poverty level" means the current poverty level as
18    established by the United States Department of Health and
19    Human Services.
20    (b) Upon the application of any defendant, after the
21commencement of an action, but no later than 30 days after
22sentencing:
23        (1) If the court finds that the applicant is an
24    indigent person, the court shall grant the applicant a full
25    assessment waiver exempting him or her from the payment of
26    any assessments.

 

 

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1        (2) The court shall grant the applicant a partial
2    assessment as follows:
3            (A) 75% of all assessments shall be waived if the
4        applicant's available income is greater than 200% but
5        no more than 250% 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 applicant is able, without undue
9        hardship, to pay the total assessments.
10            (B) 50% of all assessments shall be waived if the
11        applicant's available income is greater than 250% but
12        no more than 300% of the poverty level, unless the
13        applicant's assets that are not exempt under Part 9 or
14        10 of Article XII of the Code of Civil Procedure are
15        such that the court determines that the applicant is
16        able, without undue hardship, to pay a greater portion
17        of the assessments.
18            (C) 25% of all assessments shall be waived if the
19        applicant's available income is greater than 300% but
20        no more than 400% of the poverty level, unless the
21        applicant's assets that are not exempt under Part 9 or
22        10 of Article XII of the Code of Civil Procedure are
23        such that the court determines that the applicant is
24        able, without undue hardship, to pay a greater portion
25        of the assessments.
26    (c) An application for a waiver of assessments shall be in

 

 

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1writing, signed by the defendant or, if the defendant is a
2minor, by another person having knowledge of the facts, and
3filed no later than 30 days after sentencing. The contents of
4the application for a waiver of assessments, and the procedure
5for deciding the applications, shall be established by Supreme
6Court Rule. Factors to consider in evaluating an application
7shall include:
8        (1) the applicant's receipt of needs based
9    governmental public benefits, including Supplemental
10    Security Income (SSI); Aid to the Aged, Blind and Disabled
11    (ADBD); Temporary Assistance for Needy Families (TANF);
12    Supplemental Nutrition Assistance Program (SNAP or "food
13    stamps"); General Assistance; Transitional Assistance; or
14    State Children and Family Assistance;
15        (2) the employment status of the applicant and amount
16    of monthly income, if any;
17        (3) income received from the applicant's pension,
18    Social Security benefits, unemployment benefits, and other
19    sources;
20        (4) income received by the applicant from other
21    household members;
22        (5) the applicant's monthly expenses, including rent,
23    home mortgage, other mortgage, utilities, food, medical,
24    vehicle, childcare, debts, child support, and other
25    expenses; and
26        (6) financial affidavits or other similar supporting

 

 

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1    documentation provided by the applicant showing that
2    payment of the imposed assessments would result in
3    substantial hardship to the applicant or the applicant's
4    family.
5    (d) The clerk of court shall provide the application for a
6waiver of assessments to any defendant who indicates an
7inability to pay the assessments. The clerk of the court shall
8post in a conspicuous place in the courthouse a notice, no
9smaller than 8.5 x 11 inches and using no smaller than 30-point
10typeface printed in English and in Spanish, advising criminal
11defendants they may ask the court for a waiver of any court
12ordered assessments. The notice shall be substantially as
13follows:
14        "If you are unable to pay the required assessments, you
15    may ask the court to waive payment of them. Ask the clerk
16    of the court for forms."
17    (e) For good cause shown, the court may allow an applicant
18whose application is denied or who receives a partial
19assessment waiver to defer payment of the assessments, make
20installment payments, or make payment upon reasonable terms and
21conditions stated in the order.
22    (f) Nothing in this Section shall be construed to affect
23the right of a party to court-appointed counsel, as authorized
24by any other provision of law or by the rules of the Illinois
25Supreme Court.
26    (g) The provisions of this Section are severable under

 

 

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1Section 1.31 of the Statute on Statutes.
2(Source: P.A. 100-987, eff. 7-1-19.)
 
3    Section 95. No acceleration or delay. Where this Act makes
4changes in a statute that is represented in this Act by text
5that is not yet or no longer in effect (for example, a Section
6represented by multiple versions), the use of that text does
7not accelerate or delay the taking effect of (i) the changes
8made by this Act or (ii) provisions derived from any other
9Public Act.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.