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Rep. Kelly M. Burke
Filed: 5/12/2021
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1 | | AMENDMENT TO SENATE BILL 583
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2 | | AMENDMENT NO. ______. Amend Senate Bill 583 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Local Records Act is amended by changing |
5 | | Section 3a as follows:
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6 | | (50 ILCS 205/3a) (from Ch. 116, par. 43.103a)
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7 | | Sec. 3a. Reports and records of the obligation, receipt , |
8 | | and use of
public funds
of the Clerk of the Circuit Court of |
9 | | Cook County, units of local government , and school districts, |
10 | | including certified
audits, management letters and other audit |
11 | | reports made by the Auditor General,
County Auditors, other |
12 | | officers or by licensed Certified Public Accountants permitted |
13 | | to perform audits under the Illinois Public Accounting Act
and |
14 | | presented to the corporate authorities or boards of the units |
15 | | of local
government, are public records
available for |
16 | | inspection by the public. These records shall be kept at the
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1 | | official place of business of the Clerk of the Circuit Court of |
2 | | Cook County and each unit of local government and school
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3 | | district or at a designated place of business of the unit or |
4 | | district.
These records shall be available for public |
5 | | inspection during regular
office hours except when in |
6 | | immediate use by persons exercising official
duties which |
7 | | require the use of those records. The person in charge of such
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8 | | records may require a notice in writing to be submitted 24 |
9 | | hours prior to
inspection and may require that such notice |
10 | | specify which records are to be
inspected. Nothing in this |
11 | | Section shall require units of local
government
and school |
12 | | districts to invade or assist in the invasion of any person's
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13 | | right to privacy.
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14 | | (Source: P.A. 94-465, eff. 8-4-05.)
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15 | | Section 10. The Clerks of Courts Act is amended by |
16 | | changing Section 27.3b as follows:
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17 | | (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
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18 | | (Text of Section before amendment by P.A. 101-652 )
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19 | | Sec. 27.3b. The clerk of court may accept payment of |
20 | | fines, penalties,
or costs
by certified check, credit card ,
or |
21 | | debit card
approved by the clerk from an offender who has been
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22 | | convicted of or placed on court supervision for a traffic
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23 | | offense, petty offense, ordinance offense, or misdemeanor or |
24 | | who has been
convicted of a felony offense. The clerk of the |
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1 | | circuit court shall may accept
credit card payments over the |
2 | | Internet for fines, penalties, court costs, or costs from
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3 | | offenders on voluntary electronic pleas of guilty in minor |
4 | | traffic and
conservation offenses to satisfy the requirement |
5 | | of written pleas of guilty as
provided in Illinois Supreme |
6 | | Court Rule 529. The clerk of the court may also
accept
payment |
7 | | of statutory fees by a credit card or debit card.
The clerk of |
8 | | the court may
also accept the credit card
or debit card
for the |
9 | | cash deposit of bail bond fees.
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10 | | The clerk of the circuit court is authorized to enter into |
11 | | contracts
with credit card
or debit card
companies approved by |
12 | | the clerk and to negotiate the payment of convenience
and |
13 | | administrative fees normally charged by those companies for |
14 | | allowing the clerk of the circuit
court to accept their credit |
15 | | cards
or debit cards
in payment as authorized herein. The |
16 | | clerk of the circuit court is authorized
to enter into |
17 | | contracts with third party fund guarantors, facilitators, and
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18 | | service providers under which those entities may contract |
19 | | directly with
customers of
the clerk of the circuit court and |
20 | | guarantee and remit the payments to the
clerk of the circuit |
21 | | court. Where the
offender pays fines, penalties, or costs by |
22 | | credit card or debit card or through a third party fund |
23 | | guarantor, facilitator, or service
provider,
or anyone paying
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24 | | statutory fees of
the circuit court clerk or the posting of |
25 | | cash bail, the clerk shall
collect a service fee of up to $5 or |
26 | | the amount charged to the clerk for use of
its services by
the |
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1 | | credit card or debit card issuer, third party fund guarantor,
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2 | | facilitator, or service provider. This service fee shall be
in |
3 | | addition to any other fines, penalties, or
costs. The clerk of |
4 | | the circuit court is authorized to negotiate the
assessment of |
5 | | convenience and administrative fees by the third party fund
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6 | | guarantors, facilitators, and service providers with the |
7 | | revenue earned by the
clerk of the circuit court to be remitted
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8 | | to the
county general revenue fund.
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9 | | As used in this Section, "certified check" has the meaning
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10 | | provided in Section 3-409 of the Uniform Commercial Code. |
11 | | (Source: P.A. 95-331, eff. 8-21-07.)
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12 | | (Text of Section after amendment by P.A. 101-652 )
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13 | | Sec. 27.3b. The clerk of court may accept payment of |
14 | | fines, penalties,
or costs
by certified check, credit card ,
or |
15 | | debit card
approved by the clerk from an offender who has been
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16 | | convicted of or placed on court supervision for a traffic
|
17 | | offense, petty offense, ordinance offense, or misdemeanor or |
18 | | who has been
convicted of a felony offense. The clerk of the |
19 | | circuit court shall may accept
credit card payments over the |
20 | | Internet for fines, penalties, court costs, or costs from
|
21 | | offenders on voluntary electronic pleas of guilty in minor |
22 | | traffic and
conservation offenses to satisfy the requirement |
23 | | of written pleas of guilty as
provided in Illinois Supreme |
24 | | Court Rule 529. The clerk of the court may also
accept
payment |
25 | | of statutory fees by a credit card or debit card.
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1 | | The clerk of the circuit court is authorized to enter into |
2 | | contracts
with credit card
or debit card
companies approved by |
3 | | the clerk and to negotiate the payment of convenience
and |
4 | | administrative fees normally charged by those companies for |
5 | | allowing the clerk of the circuit
court to accept their credit |
6 | | cards
or debit cards
in payment as authorized herein. The |
7 | | clerk of the circuit court is authorized
to enter into |
8 | | contracts with third party fund guarantors, facilitators, and
|
9 | | service providers under which those entities may contract |
10 | | directly with
customers of
the clerk of the circuit court and |
11 | | guarantee and remit the payments to the
clerk of the circuit |
12 | | court. Where the
offender pays fines, penalties, or costs by |
13 | | credit card or debit card or through a third party fund |
14 | | guarantor, facilitator, or service
provider,
or anyone paying
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15 | | statutory fees of
the circuit court clerk, the clerk shall
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16 | | collect a service fee of up to $5 or the amount charged to the |
17 | | clerk for use of
its services by
the credit card or debit card |
18 | | issuer, third party fund guarantor,
facilitator, or service |
19 | | provider. This service fee shall be
in addition to any other |
20 | | fines, penalties, or
costs. The clerk of the circuit court is |
21 | | authorized to negotiate the
assessment of convenience and |
22 | | administrative fees by the third party fund
guarantors, |
23 | | facilitators, and service providers with the revenue earned by |
24 | | the
clerk of the circuit court to be remitted
to the
county |
25 | | general revenue fund.
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26 | | As used in this Section, "certified check" has the meaning
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1 | | provided in Section 3-409 of the Uniform Commercial Code. |
2 | | (Source: P.A. 101-652, eff. 1-1-23.)
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3 | | Section 15. The Criminal and Traffic Assessment Act is |
4 | | amended by changing Section 5-20 as follows: |
5 | | (705 ILCS 135/5-20)
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6 | | (Section scheduled to be repealed on January 1, 2022) |
7 | | Sec. 5-20. Credit; time served; community service.
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8 | | (a) Any credit for time served prior to sentencing that |
9 | | reduces the amount a defendant is required to pay shall be |
10 | | deducted from the fine, if any, ordered by the court. |
11 | | (b) Excluding any ordered conditional assessment, a |
12 | | defendant who has been ordered to pay an assessment may |
13 | | petition
the court to convert all or part of the assessment |
14 | | into court-approved
public or community service. One hour of |
15 | | public or community service shall
be equivalent to $10 $4 of |
16 | | assessment. The performance of this public or
community |
17 | | service shall be a condition of probation, conditional
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18 | | discharge, or supervision and shall be in addition to the |
19 | | performance of any
other period of public or community service |
20 | | ordered by the court or required
by law.
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21 | | (Source: P.A. 100-987, eff. 7-1-19; 101-408, eff. 1-1-20 .)
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22 | | Section 95. No acceleration or delay. Where this Act makes |
23 | | changes in a statute that is represented in this Act by text |