99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5549

 

Introduced , by Rep. John D. Cavaletto

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.875 new
30 ILCS 105/6z-101 new
705 ILCS 105/27.5  from Ch. 25, par. 27.5
750 ILCS 5/612 new

    Amends the State Finance Act. Creates the Grandparents Custody Assistance Fund as a special fund in the State treasury. Provides that moneys in the Fund shall be paid as grants to public or private non-profit agencies that provide pro bono legal assistance to a grandparent or other first-degree relative seeking (i) custody of a child or (ii) to intervene in a custody dispute involving that child. Authorizes the Attorney General to manage the Fund. Defines "first-degree relative". Amends the Illinois Marriage and Dissolution of Marriage Act and the Clerks of Courts Act to provide for fines to be imposed when parties violate court orders relating to custody, visitation, or joint parenting, with certain exceptions. Provides for disposition of the fines.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5549LRB099 17153 MLM 41511 b

1    AN ACT concerning family law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Sections 5.875 and 6z-101 as follows:
 
6    (30 ILCS 105/5.875 new)
7    Sec. 5.875. The Grandparents Custody Assistance Fund.
 
8    (30 ILCS 105/6z-101 new)
9    Sec. 6z-101. The Grandparents Custody Assistance Fund. The
10Grandparents Custody Assistance Fund is created as a special
11fund in the State treasury. The Fund may accept fees, gifts,
12grants, donations, and federal or State appropriations for use,
13subject to appropriation, by the Attorney General in making
14grants to public or private non-profit agencies that provide
15pro bono legal assistance to a grandparent or other
16first-degree relative who is seeking (i) custody of a child or
17(ii) to intervene in a custody dispute involving that child.
18The Attorney General may seek private and public funds for
19deposit into the Grandparents Custody Assistance Fund. Moneys
20in the Fund may be appropriated only for the use of the
21Attorney General in the performance of his or her powers and
22duties under this Section. The Attorney General shall adopt

 

 

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1rules concerning application for and disbursement of moneys in
2the Fund. For the purposes of this Section, "first-degree
3relative" means a sibling, grandparent, aunt, or uncle of an
4individual.
 
5    Section 10. The Clerks of Courts Act is amended by changing
6Section 27.5 as follows:
 
7    (705 ILCS 105/27.5)  (from Ch. 25, par. 27.5)
8    Sec. 27.5. (a) All fees, fines, costs, additional
9penalties, bail balances assessed or forfeited, and any other
10amount paid by a person to the circuit clerk that equals an
11amount less than $55, except restitution under Section 5-5-6 of
12the Unified Code of Corrections, reimbursement for the costs of
13an emergency response as provided under Section 11-501 of the
14Illinois Vehicle Code, any fees collected for attending a
15traffic safety program under paragraph (c) of Supreme Court
16Rule 529, any fee collected on behalf of a State's Attorney
17under Section 4-2002 of the Counties Code or a sheriff under
18Section 4-5001 of the Counties Code, or any cost imposed under
19Section 124A-5 of the Code of Criminal Procedure of 1963, for
20convictions, orders of supervision, or any other disposition
21for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
22Vehicle Code, or a similar provision of a local ordinance, and
23any violation of the Child Passenger Protection Act, or a
24similar provision of a local ordinance, and except as otherwise

 

 

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1provided in this Section, shall be disbursed within 60 days
2after receipt by the circuit clerk as follows: 47% shall be
3disbursed to the entity authorized by law to receive the fine
4imposed in the case; 12% shall be disbursed to the State
5Treasurer; and 41% shall be disbursed to the county's general
6corporate fund. Of the 12% disbursed to the State Treasurer,
71/6 shall be deposited by the State Treasurer into the Violent
8Crime Victims Assistance Fund, 1/2 shall be deposited into the
9Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
10be deposited into the Drivers Education Fund. For fiscal years
111992 and 1993, amounts deposited into the Violent Crime Victims
12Assistance Fund, the Traffic and Criminal Conviction Surcharge
13Fund, or the Drivers Education Fund shall not exceed 110% of
14the amounts deposited into those funds in fiscal year 1991. Any
15amount that exceeds the 110% limit shall be distributed as
16follows: 50% shall be disbursed to the county's general
17corporate fund and 50% shall be disbursed to the entity
18authorized by law to receive the fine imposed in the case. Not
19later than March 1 of each year the circuit clerk shall submit
20a report of the amount of funds remitted to the State Treasurer
21under this Section during the preceding year based upon
22independent verification of fines and fees. All counties shall
23be subject to this Section, except that counties with a
24population under 2,000,000 may, by ordinance, elect not to be
25subject to this Section. For offenses subject to this Section,
26judges shall impose one total sum of money payable for

 

 

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1violations. The circuit clerk may add on no additional amounts
2except for amounts that are required by Sections 27.3a and
327.3c of this Act, Section 16-104c of the Illinois Vehicle
4Code, and subsection (a) of Section 5-1101 of the Counties
5Code, unless those amounts are specifically waived by the
6judge. With respect to money collected by the circuit clerk as
7a result of forfeiture of bail, ex parte judgment or guilty
8plea pursuant to Supreme Court Rule 529, the circuit clerk
9shall first deduct and pay amounts required by Sections 27.3a
10and 27.3c of this Act. Unless a court ordered payment schedule
11is implemented or fee requirements are waived pursuant to a
12court order, the circuit clerk may add to any unpaid fees and
13costs a delinquency amount equal to 5% of the unpaid fees that
14remain unpaid after 30 days, 10% of the unpaid fees that remain
15unpaid after 60 days, and 15% of the unpaid fees that remain
16unpaid after 90 days. Notice to those parties may be made by
17signage posting or publication. The additional delinquency
18amounts collected under this Section shall be deposited in the
19Circuit Court Clerk Operation and Administrative Fund to be
20used to defray administrative costs incurred by the circuit
21clerk in performing the duties required to collect and disburse
22funds. This Section is a denial and limitation of home rule
23powers and functions under subsection (h) of Section 6 of
24Article VII of the Illinois Constitution.
25    (b) The following amounts must be remitted to the State
26Treasurer for deposit into the Illinois Animal Abuse Fund:

 

 

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1        (1) 50% of the amounts collected for felony offenses
2    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
3    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
4    Animals Act and Section 26-5 or 48-1 of the Criminal Code
5    of 1961 or the Criminal Code of 2012;
6        (2) 20% of the amounts collected for Class A and Class
7    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
8    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
9    for Animals Act and Section 26-5 or 48-1 of the Criminal
10    Code of 1961 or the Criminal Code of 2012; and
11        (3) 50% of the amounts collected for Class C
12    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
13    for Animals Act and Section 26-5 or 48-1 of the Criminal
14    Code of 1961 or the Criminal Code of 2012.
15    (c) Any person who receives a disposition of court
16supervision for a violation of the Illinois Vehicle Code or a
17similar provision of a local ordinance shall, in addition to
18any other fines, fees, and court costs, pay an additional fee
19of $29, to be disbursed as provided in Section 16-104c of the
20Illinois Vehicle Code. In addition to the fee of $29, the
21person shall also pay a fee of $6, if not waived by the court.
22If this $6 fee is collected, $5.50 of the fee shall be
23deposited into the Circuit Court Clerk Operation and
24Administrative Fund created by the Clerk of the Circuit Court
25and 50 cents of the fee shall be deposited into the Prisoner
26Review Board Vehicle and Equipment Fund in the State treasury.

 

 

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1    (d) Any person convicted of, pleading guilty to, or placed
2on supervision for a serious traffic violation, as defined in
3Section 1-187.001 of the Illinois Vehicle Code, a violation of
4Section 11-501 of the Illinois Vehicle Code, or a violation of
5a similar provision of a local ordinance shall pay an
6additional fee of $35, to be disbursed as provided in Section
716-104d of that Code.
8    This subsection (d) becomes inoperative on January 1, 2020.
9    (e) In all counties having a population of 3,000,000 or
10more inhabitants:
11        (1) A person who is found guilty of or pleads guilty to
12    violating subsection (a) of Section 11-501 of the Illinois
13    Vehicle Code, including any person placed on court
14    supervision for violating subsection (a), shall be fined
15    $750 as provided for by subsection (f) of Section 11-501.01
16    of the Illinois Vehicle Code, payable to the circuit clerk,
17    who shall distribute the money pursuant to subsection (f)
18    of Section 11-501.01 of the Illinois Vehicle Code.
19        (2) When a crime laboratory DUI analysis fee of $150,
20    provided for by Section 5-9-1.9 of the Unified Code of
21    Corrections is assessed, it shall be disbursed by the
22    circuit clerk as provided by subsection (f) of Section
23    5-9-1.9 of the Unified Code of Corrections.
24        (3) When a fine for a violation of subsection (a) of
25    Section 11-605 of the Illinois Vehicle Code is $150 or
26    greater, the additional $50 which is charged as provided

 

 

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1    for by subsection (f) of Section 11-605 of the Illinois
2    Vehicle Code shall be disbursed by the circuit clerk to a
3    school district or districts for school safety purposes as
4    provided by subsection (f) of Section 11-605.
5        (4) When a fine for a violation of subsection (a) of
6    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
7    greater, the additional $50 which is charged as provided
8    for by subsection (c) of Section 11-1002.5 of the Illinois
9    Vehicle Code shall be disbursed by the circuit clerk to a
10    school district or districts for school safety purposes as
11    provided by subsection (c) of Section 11-1002.5 of the
12    Illinois Vehicle Code.
13        (5) When a mandatory drug court fee of up to $5 is
14    assessed as provided in subsection (f) of Section 5-1101 of
15    the Counties Code, it shall be disbursed by the circuit
16    clerk as provided in subsection (f) of Section 5-1101 of
17    the Counties Code.
18        (6) When a mandatory teen court, peer jury, youth
19    court, or other youth diversion program fee is assessed as
20    provided in subsection (e) of Section 5-1101 of the
21    Counties Code, it shall be disbursed by the circuit clerk
22    as provided in subsection (e) of Section 5-1101 of the
23    Counties Code.
24        (7) When a Children's Advocacy Center fee is assessed
25    pursuant to subsection (f-5) of Section 5-1101 of the
26    Counties Code, it shall be disbursed by the circuit clerk

 

 

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1    as provided in subsection (f-5) of Section 5-1101 of the
2    Counties Code.
3        (8) When a victim impact panel fee is assessed pursuant
4    to subsection (b) of Section 11-501.01 of the Illinois
5    Vehicle Code, it shall be disbursed by the circuit clerk to
6    the victim impact panel to be attended by the defendant.
7        (9) When a new fee collected in traffic cases is
8    enacted after January 1, 2010 (the effective date of Public
9    Act 96-735), it shall be excluded from the percentage
10    disbursement provisions of this Section unless otherwise
11    indicated by law.
12    (f) Any person who receives a disposition of court
13supervision for a violation of Section 11-501 of the Illinois
14Vehicle Code shall, in addition to any other fines, fees, and
15court costs, pay an additional fee of $50, which shall be
16collected by the circuit clerk and then remitted to the State
17Treasurer for deposit into the Roadside Memorial Fund, a
18special fund in the State treasury. However, the court may
19waive the fee if full restitution is complied with. Subject to
20appropriation, all moneys in the Roadside Memorial Fund shall
21be used by the Department of Transportation to pay fees imposed
22under subsection (f) of Section 20 of the Roadside Memorial
23Act. The fee shall be remitted by the circuit clerk within one
24month after receipt to the State Treasurer for deposit into the
25Roadside Memorial Fund.
26    (g) For any conviction or disposition of court supervision

 

 

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1for a violation of Section 11-1429 of the Illinois Vehicle
2Code, the circuit clerk shall distribute the fines paid by the
3person as specified by subsection (h) of Section 11-1429 of the
4Illinois Vehicle Code.
5    (h) In addition to any other fines and court costs assessed
6by the courts, a person fined under Section 612 of the Illinois
7Marriage and Dissolution of Marriage Act for a violation of an
8order concerning custody, visitation, or joint parenting shall
9pay an additional fine of $50 to the clerk of the circuit
10court. This amount less 10% shall be remitted by the clerk to
11the Treasurer within 30 days after receipt for deposit into the
12Grandparents Custody Assistance Fund. The 10% retained by the
13clerk shall be used to defray administrative costs that the
14clerk incurs.
15(Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13;
1697-1150, eff. 1-25-13; 98-658, eff. 6-23-14.)
 
17    Section 15. The Illinois Marriage and Dissolution of
18Marriage Act is amended by adding Section 612 as follows:
 
19    (750 ILCS 5/612 new)
20    Sec. 612. Fines; Grandparents Custody Assistance Fund. If
21the court finds that one or more of the parties has violated an
22order of the court concerning custody, visitation, or joint
23parenting, the court shall assess a $50 fine against the party
24in addition to any other penalty imposed unless the court

 

 

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1determines to waive the fine because the court finds that the
2imposition of it would place an undue burden on another party
3who is not in violation of the court's order. The fine shall be
4paid to the circuit clerk for deposit into the Grandparents
5Custody Assistance Fund.