101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3850

 

Introduced 2/14/2020, by Sen. Iris Y. Martinez

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/2  from Ch. 116, par. 202
5 ILCS 140/2.5
705 ILCS 105/16  from Ch. 25, par. 16
705 ILCS 105/27.2b
705 ILCS 105/27.3b  from Ch. 25, par. 27.3b
705 ILCS 135/5-20

    Amends the Freedom of Information Act. Provides that "public body" includes the Clerk of the Circuit Court of Cook County. Provides that all records relating to the obligation, receipt, and use of public funds of the Clerk of the Circuit Court of Cook County are public records subject to inspection and copying by the public. Amends the Clerks of Courts Act. Provides that records kept by the clerks of the circuit courts are subject to the Freedom of Information Act. Provides that specified unpaid assessments under the Criminal and Traffic Assessment Act shall not be included in an agreement between the clerk of the circuit court and the Department of Revenue to establish a program for the purposes of collecting certain balances owed. Provides that the clerk of the court shall (rather than may) accept credit card payments over the Internet for fines, penalties, court costs, or costs from offenders on voluntary electronic pleas of guilty in minor traffic and conservation offenses to satisfy the requirement of written pleas of guilty. Amends the Criminal and Traffic Assessment Act. Provides that one hour of public or community service shall be equivalent to $10 (rather than $4) of assessment.


LRB101 20333 LNS 69877 b

 

 

A BILL FOR

 

SB3850LRB101 20333 LNS 69877 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 Freedom of Information Act is amended by
5changing Sections 2 and 2.5 as follows:
 
6    (5 ILCS 140/2)  (from Ch. 116, par. 202)
7    Sec. 2. Definitions. As used in this Act:
8    (a) "Public body" means all legislative, executive,
9administrative, or advisory bodies of the State, state
10universities and colleges, counties, townships, cities,
11villages, incorporated towns, school districts and all other
12municipal corporations, boards, bureaus, committees, or
13commissions of this State, any subsidiary bodies of any of the
14foregoing including but not limited to committees and
15subcommittees thereof, and a School Finance Authority created
16under Article 1E of the School Code, and the Clerk of the
17Circuit Court of Cook County. "Public body" does not include a
18child death review team or the Illinois Child Death Review
19Teams Executive Council established under the Child Death
20Review Team Act, or a regional youth advisory board or the
21Statewide Youth Advisory Board established under the
22Department of Children and Family Services Statewide Youth
23Advisory Board Act.

 

 

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1    (b) "Person" means any individual, corporation,
2partnership, firm, organization or association, acting
3individually or as a group.
4    (c) "Public records" means all records, reports, forms,
5writings, letters, memoranda, books, papers, maps,
6photographs, microfilms, cards, tapes, recordings, electronic
7data processing records, electronic communications, recorded
8information and all other documentary materials pertaining to
9the transaction of public business, regardless of physical form
10or characteristics, having been prepared by or for, or having
11been or being used by, received by, in the possession of, or
12under the control of any public body.
13    (c-5) "Private information" means unique identifiers,
14including a person's social security number, driver's license
15number, employee identification number, biometric identifiers,
16personal financial information, passwords or other access
17codes, medical records, home or personal telephone numbers, and
18personal email addresses. Private information also includes
19home address and personal license plates, except as otherwise
20provided by law or when compiled without possibility of
21attribution to any person.
22    (c-10) "Commercial purpose" means the use of any part of a
23public record or records, or information derived from public
24records, in any form for sale, resale, or solicitation or
25advertisement for sales or services. For purposes of this
26definition, requests made by news media and non-profit,

 

 

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1scientific, or academic organizations shall not be considered
2to be made for a "commercial purpose" when the principal
3purpose of the request is (i) to access and disseminate
4information concerning news and current or passing events, (ii)
5for articles of opinion or features of interest to the public,
6or (iii) for the purpose of academic, scientific, or public
7research or education.
8    (d) "Copying" means the reproduction of any public record
9by means of any photographic, electronic, mechanical or other
10process, device or means now known or hereafter developed and
11available to the public body.
12    (e) "Head of the public body" means the president, mayor,
13chairman, presiding officer, director, superintendent,
14manager, supervisor or individual otherwise holding primary
15executive and administrative authority for the public body, or
16such person's duly authorized designee.
17    (f) "News media" means a newspaper or other periodical
18issued at regular intervals whether in print or electronic
19format, a news service whether in print or electronic format, a
20radio station, a television station, a television network, a
21community antenna television service, or a person or
22corporation engaged in making news reels or other motion
23picture news for public showing.
24    (g) "Recurrent requester", as used in Section 3.2 of this
25Act, means a person that, in the 12 months immediately
26preceding the request, has submitted to the same public body

 

 

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1(i) a minimum of 50 requests for records, (ii) a minimum of 15
2requests for records within a 30-day period, or (iii) a minimum
3of 7 requests for records within a 7-day period. For purposes
4of this definition, requests made by news media and non-profit,
5scientific, or academic organizations shall not be considered
6in calculating the number of requests made in the time periods
7in this definition when the principal purpose of the requests
8is (i) to access and disseminate information concerning news
9and current or passing events, (ii) for articles of opinion or
10features of interest to the public, or (iii) for the purpose of
11academic, scientific, or public research or education.
12    For the purposes of this subsection (g), "request" means a
13written document (or oral request, if the public body chooses
14to honor oral requests) that is submitted to a public body via
15personal delivery, mail, telefax, electronic mail, or other
16means available to the public body and that identifies the
17particular public record the requester seeks. One request may
18identify multiple records to be inspected or copied.
19    (h) "Voluminous request" means a request that: (i) includes
20more than 5 individual requests for more than 5 different
21categories of records or a combination of individual requests
22that total requests for more than 5 different categories of
23records in a period of 20 business days; or (ii) requires the
24compilation of more than 500 letter or legal-sized pages of
25public records unless a single requested record exceeds 500
26pages. "Single requested record" may include, but is not

 

 

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1limited to, one report, form, e-mail, letter, memorandum, book,
2map, microfilm, tape, or recording.
3    "Voluminous request" does not include a request made by
4news media and non-profit, scientific, or academic
5organizations if the principal purpose of the request is: (1)
6to access and disseminate information concerning news and
7current or passing events; (2) for articles of opinion or
8features of interest to the public; or (3) for the purpose of
9academic, scientific, or public research or education.
10    For the purposes of this subsection (h), "request" means a
11written document, or oral request, if the public body chooses
12to honor oral requests, that is submitted to a public body via
13personal delivery, mail, telefax, electronic mail, or other
14means available to the public body and that identifies the
15particular public record or records the requester seeks. One
16request may identify multiple individual records to be
17inspected or copied.
18    (i) "Severance agreement" means a mutual agreement between
19any public body and its employee for the employee's resignation
20in exchange for payment by the public body.
21(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
2299-78, eff. 7-20-15; 99-478, eff. 6-1-16.)
 
23    (5 ILCS 140/2.5)
24    Sec. 2.5. Records of funds. All records relating to the
25obligation, receipt, and use of public funds of the State,

 

 

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1units of local government, the Clerk of the Circuit Court of
2Cook County, and school districts are public records subject to
3inspection and copying by the public.
4(Source: P.A. 96-542, eff. 1-1-10.)
 
5    Section 10. The Clerks of Courts Act is amended by changing
6Sections 16, 27.2b, and 27.3b as follows:
 
7    (705 ILCS 105/16)  (from Ch. 25, par. 16)
8    Sec. 16. Records kept by the clerks of the circuit courts
9are subject to the provisions of "The Local Records Act",
10approved August 18, 1961, as amended, and the Freedom of
11Information Act.
12    Unless otherwise provided by rule or administrative order
13of the Supreme Court, the respective clerks of the circuit
14courts shall keep in their offices the following books:
15    1. A general docket, upon which shall be entered all suits,
16in the order in which they are commenced.
17    2. Two well-bound books, to be denominated "Plaintiff's
18Index to Court Records," and "Defendant's Index to Court
19Records" to be ruled and printed substantially in the following
20manner:
21........
22PlaintiffsDefendantsKind ofDateRecordPages
23ActionCommencedBook
24........

 

 

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1........
2........
3Date ofJudgment
4judgmentdocket
5........
6Book Page
7........
8CertificateSatisfied
9CertificateCertificateofor notNumber
10of levyof saleredemptionsatisfied of case
11........
12Fee BookBook PageBook PageBook Page
13........
14    All cases shall be entered in such books, in alphabetical
15order, by the name of each plaintiff and defendant. The books
16shall set forth the names of the parties, kind of action, date
17commenced, the record books and pages on which the cases are
18recorded, the date of judgment, books and pages of the judgment
19dockets, fee book, certificates of levy, sale and redemption
20records on which they are entered satisfied or not satisfied,
21and number of case. The defendant's index shall be ruled and
22printed in the same manner as the plaintiff's except the
23parties shall be reversed.
24    3. Proper books of record, with indices, showing the names
25of all parties to any action or judgment therein recorded, with
26a reference to the page where it is recorded.

 

 

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1    4. A judgment docket, in which all final judgments (except
2child support orders as hereinafter provided) shall be minuted
3at the time they are entered, or within 60 days thereafter in
4alphabetical order, by the name of every person against whom
5the judgment is entered, showing, in the proper columns ruled
6for that purpose, the names of the parties, the date, nature of
7the judgment, amount of the judgment and costs in separate
8items, for which it is issued, to whom issued, when returned,
9and the manner of its enforcement; a blank column shall be kept
10in which may be entered a note of the satisfaction or other
11disposition of the judgment or order and when satisfied by
12enforcement or otherwise, or set aside or enjoined; the clerk
13shall enter a minute thereof in such column, showing how
14disposed of, the date and the book and page, where the evidence
15thereof is to be found. In the case of child support orders or
16modifications of such orders entered on or after May 1, 1987,
17the clerk shall minute such orders or modifications in the
18manner and form provided herein but shall not minute every
19child support installment when due or every child support
20payment when made. Such dockets may be searched by persons, at
21all reasonable times without fee.
22    5. A fee book, in which shall be distinctly set down, in
23items, the proper title of the cause and heads, the cost of
24each action, including clerk's, sheriff's and witness' fees,
25stating the name of each witness having claimed attendance in
26respect of the trial or hearing of such action with the number

 

 

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1of days attended. It shall not be necessary to insert the cost
2in the judgment; but whenever an action is determined and final
3judgment entered, the costs of each party litigant shall be
4made up and entered in such fee book, which shall be considered
5a part of the record and judgment, subject, however, at all
6times to be corrected by the court; and the prevailing party
7shall be considered as having recovered judgment for the amount
8of the costs so taxed in his or her favor, and the same shall be
9included in the certified copy of such judgment, and a bill
10thereof accompanying certified copy of the judgment. If any
11clerk shall issue a fee bill or a bill of costs, with the
12certified copy of the judgment without first entering the same
13in the fee book, or if any such bill of costs or fee bill shall
14be issued which shall not be in substance a copy of the
15recorded bill, the same shall be void. Any person having paid
16such bill of costs or fee bill, may recover from the clerk the
17amount thereof, with costs of the action, in any circuit court.
18    6. Such other books of record and entry as are provided by
19law, or may be required in the proper performance of their
20duties. All records, dockets and books required by law to be
21kept by such clerks shall be deemed public records, and shall
22at all times be open to inspection without fee or reward, and
23all persons shall have free access for inspection and
24examination to such records, docket and books, and also to all
25papers on file in the different clerks' offices and shall have
26the right to take memoranda and abstracts thereto.

 

 

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1(Source: P.A. 85-1156.)
 
2    (705 ILCS 105/27.2b)
3    Sec. 27.2b. State income tax refund intercept. The Clerk
4of the Circuit Court may enter into an agreement with the
5Illinois Department of Revenue to establish a pilot program for
6the purpose of collecting certain balances owed. The purpose
7shall be to intercept, in whole or in part, State income tax
8refunds due the persons who owe past due fees to the Clerk of
9the Circuit Court in order to satisfy unpaid assessments under
10the Criminal and Traffic Assessment Act and fines as ordered by
11the court. The agreement may not be implemented to collect the
12following unpaid assessments under the Criminal and Traffic
13Assessment Act: (i) Schedule 5 under Section 15-25; (ii)
14Schedule 6 under Section 15-30; (iii) Schedule 10 under Section
1515-50; (iv) Schedule 11 under Section 15-55; (v) Schedule 12
16under Section 15-60; and (vi) Schedule 13 under Section 15-65.
17    The agreement shall include, but may not be limited to, a
18certification by the Clerk of the Circuit Court that the debt
19claims forwarded to the Department of Revenue are valid and
20that reasonable efforts have been made to notify persons of the
21delinquency of the debt. The agreement shall include provisions
22for payment of the intercept by the Department of Revenue to
23the Clerk of the Circuit Court and procedures for an
24appeal/protest by the debtor when an intercept occurs. The
25agreement may also include provisions to allow the Department

 

 

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1of Revenue to recover its cost for administering the program.
2    Intercepts made pursuant to this Section shall not
3interfere with the collection of debts related to child
4support. During the collection of debts under this Section,
5when there are 2 or more debt claims certified to the
6Department at the same time, priority of collection shall be as
7provided in Section 911.3 of the Illinois Income Tax Act.
8(Source: P.A. 100-987, eff. 7-1-19.)
 
9    (705 ILCS 105/27.3b)  (from Ch. 25, par. 27.3b)
10    Sec. 27.3b. The clerk of court may accept payment of fines,
11penalties, or costs by credit card or debit card approved by
12the clerk from an offender who has been convicted of or placed
13on court supervision for a traffic offense, petty offense,
14ordinance offense, or misdemeanor or who has been convicted of
15a felony offense. The clerk of the circuit court shall may
16accept credit card payments over the Internet for fines,
17penalties, court costs, or costs from offenders on voluntary
18electronic pleas of guilty in minor traffic and conservation
19offenses to satisfy the requirement of written pleas of guilty
20as provided in Illinois Supreme Court Rule 529. The clerk of
21the court may also accept payment of statutory fees by a credit
22card or debit card. The clerk of the court may also accept the
23credit card or debit card for the cash deposit of bail bond
24fees.
25    The Clerk of the circuit court is authorized to enter into

 

 

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1contracts with credit card or debit card companies approved by
2the clerk and to negotiate the payment of convenience and
3administrative fees normally charged by those companies for
4allowing the clerk of the circuit court to accept their credit
5cards or debit cards in payment as authorized herein. The clerk
6of the circuit court is authorized to enter into contracts with
7third party fund guarantors, facilitators, and service
8providers under which those entities may contract directly with
9customers of the clerk of the circuit court and guarantee and
10remit the payments to the clerk of the circuit court. Where the
11offender pays fines, penalties, or costs by credit card or
12debit card or through a third party fund guarantor,
13facilitator, or service provider, or anyone paying statutory
14fees of the circuit court clerk or the posting of cash bail,
15the clerk shall collect a service fee of up to $5 or the amount
16charged to the clerk for use of its services by the credit card
17or debit card issuer, third party fund guarantor, facilitator,
18or service provider. This service fee shall be in addition to
19any other fines, penalties, or costs. The clerk of the circuit
20court is authorized to negotiate the assessment of convenience
21and administrative fees by the third party fund guarantors,
22facilitators, and service providers with the revenue earned by
23the clerk of the circuit court to be remitted to the county
24general revenue fund.
25(Source: P.A. 95-331, eff. 8-21-07.)
 

 

 

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1    Section 15. The Criminal and Traffic Assessment Act is
2amended by changing Section 5-20 as follows:
 
3    (705 ILCS 135/5-20)
4    (Section scheduled to be repealed on January 1, 2021)
5    Sec. 5-20. Credit; time served; community service.
6    (a) Any credit for time served prior to sentencing that
7reduces the amount a defendant is required to pay shall be
8deducted from the fine, if any, ordered by the court.
9    (b) Excluding any ordered conditional assessment, a
10defendant who has been ordered to pay an assessment may
11petition the court to convert all or part of the assessment
12into court-approved public or community service. One hour of
13public or community service shall be equivalent to $10 $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; 101-408, eff. 1-1-20.)