HB2556 EnrolledLRB097 07799 KMW 47912 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
54-2002 as follows:
 
6    (55 ILCS 5/4-2002)  (from Ch. 34, par. 4-2002)
7    Sec. 4-2002. State's attorney fees in counties under
83,000,000 population. This Section applies only to counties
9with fewer than 3,000,000 inhabitants.
10    (a) State's attorneys shall be entitled to the following
11fees, however, the fee requirement of this subsection does not
12apply to county boards:
13    For each conviction in prosecutions on indictments for
14first degree murder, second degree murder, involuntary
15manslaughter, criminal sexual assault, aggravated criminal
16sexual assault, aggravated criminal sexual abuse, kidnapping,
17arson and forgery, $30. All other cases punishable by
18imprisonment in the penitentiary, $30.
19    For each conviction in other cases tried before judges of
20the circuit court, $15; except that if the conviction is in a
21case which may be assigned to an associate judge, whether or
22not it is in fact assigned to an associate judge, the fee shall
23be $10.

 

 

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1    For preliminary examinations for each defendant held to
2bail or recognizance, $10.
3    For each examination of a party bound over to keep the
4peace, $10.
5    For each defendant held to answer in a circuit court on a
6charge of paternity, $10.
7    For each trial on a charge of paternity, $30.
8    For each case of appeal taken from his county or from the
9county to which a change of venue is taken to his county to the
10Supreme or Appellate Court when prosecuted or defended by him,
11$50.
12    For each day actually employed in the trial of a case, $25;
13in which case the court before whom the case is tried shall
14make an order specifying the number of days for which a per
15diem shall be allowed.
16    For each day actually employed in the trial of cases of
17felony arising in their respective counties and taken by change
18of venue to another county, $25; and the court before whom the
19case is tried shall make an order specifying the number of days
20for which said per diem shall be allowed; and it is hereby made
21the duty of each State's attorney to prepare and try each case
22of felony arising when so taken by change of venue.
23    For assisting in a trial of each case on an indictment for
24felony brought by change of venue to their respective counties,
25the same fees they would be entitled to if such indictment had
26been found for an offense committed in his county, and it shall

 

 

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1be the duty of the State's attorney of the county to which such
2cause is taken by change of venue to assist in the trial
3thereof.
4    For each case of forfeited recognizance where the
5forfeiture is set aside at the instance of the defense, in
6addition to the ordinary costs, $10 for each defendant.
7    For each proceeding in a circuit court to inquire into the
8alleged mental illness of any person, $10 for each defendant.
9    For each proceeding in a circuit court to inquire into the
10alleged dependency or delinquency of any child, $10.
11    For each day actually employed in the hearing of a case of
12habeas corpus in which the people are interested, $25.
13    For each violation of the Criminal Code of 1961 and the
14Illinois Vehicle Code in which a defendant has entered a plea
15of guilty or a defendant has stipulated to the facts supporting
16the charge or a finding of guilt and the court has entered an
17order of supervision, $10.
18    All the foregoing fees shall be taxed as costs to be
19collected from the defendant, if possible, upon conviction. But
20in cases of inquiry into the mental illness of any person
21alleged to be mentally ill, in cases on a charge of paternity
22and in cases of appeal in the Supreme or Appellate Court, where
23judgment is in favor of the accused, the fees allowed the
24State's attorney therein shall be retained out of the fines and
25forfeitures collected by them in other cases.
26    Ten per cent of all moneys except revenue, collected by

 

 

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1them and paid over to the authorities entitled thereto, which
2per cent together with the fees provided for herein that are
3not collected from the parties tried or examined, shall be paid
4out of any fines and forfeited recognizances collected by them,
5provided however, that in proceedings to foreclose the lien of
6delinquent real estate taxes State's attorneys shall receive a
7fee, to be credited to the earnings of their office, of 10% of
8the total amount realized from the sale of real estate sold in
9such proceedings. Such fees shall be paid from the total amount
10realized from the sale of the real estate sold in such
11proceedings.
12    State's attorneys shall have a lien for their fees on all
13judgments for fines or forfeitures procured by them and on
14moneys except revenue received by them until such fees and
15earnings are fully paid.
16    No fees shall be charged on more than 10 counts in any one
17indictment or information on trial and conviction; nor on more
18than 10 counts against any one defendant on pleas of guilty.
19    The Circuit Court may direct that of all monies received,
20by restitution or otherwise, which monies are ordered paid to
21the Department of Healthcare and Family Services (formerly
22Department of Public Aid) or the Department of Human Services
23(acting as successor to the Department of Public Aid under the
24Department of Human Services Act) as a direct result of the
25efforts of the State's attorney and which payments arise from
26Civil or Criminal prosecutions involving the Illinois Public

 

 

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1Aid Code or the Criminal Code, the following amounts shall be
2paid quarterly by the Department of Healthcare and Family
3Services or the Department of Human Services to the General
4Corporate Fund of the County in which the prosecution or cause
5of action took place:
6        (1) where the monies result from child support
7    obligations, not more than 25% of the federal share of the
8    monies received,
9        (2) where the monies result from other than child
10    support obligations, not more than 25% of the State's share
11    of the monies received.
12    In addition to any other amounts to which State's Attorneys
13are entitled under this Section, State's Attorneys are entitled
14to $10 of the fine that is imposed under Section 5-9-1.17 of
15the Unified Code of Corrections, as set forth in that Section.
16    (b) A municipality shall be entitled to a $25 prosecution
17fee for each conviction for a violation of the Illinois Vehicle
18Code prosecuted by the municipal attorney pursuant to Section
1916-102 of that Code which results in a finding of guilt is
20tried before a circuit or associate judge or in which a
21defendant has stipulated to the facts supporting the charge or
22a finding of guilt and the court has entered an order of
23supervision and shall be entitled to a $25 prosecution fee for
24each conviction for a violation of a municipal vehicle
25ordinance or nontraffic ordinance which results in a finding of
26guilt prosecuted by the municipal attorney which is tried

 

 

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1before a circuit or associate judge or in which a defendant has
2stipulated to the facts supporting the charge or a finding of
3guilt and the court has entered an order of supervision. Such
4fee shall be taxed as costs to be collected from the defendant,
5if possible, upon disposition of the case conviction. A
6municipality shall have a lien for such prosecution fees on all
7judgments or fines procured by the municipal attorney from
8prosecutions for violations of the Illinois Vehicle Code and
9municipal vehicle ordinances or nontraffic ordinances.
10    For the purposes of this subsection (b), "municipal vehicle
11ordinance" means any ordinance enacted pursuant to Sections
1211-40-1, 11-40-2, 11-40-2a and 11-40-3 of the Illinois
13Municipal Code or any ordinance enacted by a municipality which
14is similar to a provision of Chapter 11 of the Illinois Vehicle
15Code.
16(Source: P.A. 95-331, eff. 8-21-07; 95-385, eff. 1-1-08;
1796-707, eff. 1-1-10; 96-1186, eff. 7-22-10.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.