Illinois General Assembly - Full Text of SB0575
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Full Text of SB0575  102nd General Assembly

SB0575 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0575

 

Introduced 2/23/2021, by Sen. Brian W. Stewart

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 135/10-5

    Amends the Criminal and Traffic Assessment Act. Provides that the county treasurer or the treasurer of the unit of local government shall (rather than may) create the following funds, if not already in existence: the Court Automation Fund; the Document Storage Fund; the Circuit Clerk Operations and Administration Fund; the State's Attorney Records Automation Fund; the Public Defender Records Automation Fund; the Circuit Court Clerk Electronic Citation Fund; and, in each county where a Children's Advocacy Center provides services, the Child Advocacy Center Fund.


LRB102 15536 LNS 20899 b

 

 

A BILL FOR

 

SB0575LRB102 15536 LNS 20899 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 10-5 as follows:
 
6    (705 ILCS 135/10-5)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 10-5. Funds.
9    (a) All money collected by the Clerk of the Circuit Court
10under Article 15 of this Act shall be remitted as directed in
11Article 15 of this Act to the county treasurer, to the State
12Treasurer, and to the treasurers of the units of local
13government. If an amount payable to any of the treasurers is
14less than $10, the clerk may postpone remitting the money
15until $10 has accrued or by the end of fiscal year. The
16treasurers shall deposit the money as indicated in the
17schedules, except, in a county with a population of over
183,000,000, money remitted to the county treasurer shall be
19subject to appropriation by the county board. Any amount
20retained by the Clerk of the Circuit Court in a county with a
21population of over 3,000,000 shall be subject to appropriation
22by the county board.
23    (b) The county treasurer or the treasurer of the unit of

 

 

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1local government shall may create the funds indicated in
2paragraphs (1) through (5), (9), and (16) of subsection (d) of
3this Section, if not already in existence. If a county or unit
4of local government has not instituted, and does not plan to
5institute a program that uses a particular fund, the treasurer
6need not create the fund and may instead deposit the money
7intended for the fund into the general fund of the county or
8unit of local government for use in financing the court
9system.
10    (c) If the arresting agency is a State agency, the
11arresting agency portion shall be remitted by the clerk of
12court to the State Treasurer who shall deposit the portion as
13follows:
14        (1) if the arresting agency is the Department of State
15    Police, into the State Police Law Enforcement
16    Administration Fund;
17        (2) if the arresting agency is the Department of
18    Natural Resources, into the Conservation Police Operations
19    Assistance Fund;
20        (3) if the arresting agency is the Secretary of State,
21    into the Secretary of State Police Services Fund; and
22        (4) if the arresting agency is the Illinois Commerce
23    Commission, into the Transportation Regulatory Fund.
24    (d) Fund descriptions and provisions:
25        (1) The Court Automation Fund is to defray the
26    expense, borne by the county, of establishing and

 

 

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1    maintaining automated record keeping systems in the Office
2    of the Clerk of the Circuit Court. The money shall be
3    remitted monthly by the clerk to the county treasurer and
4    identified as funds for the Circuit Court Clerk. The fund
5    shall be audited by the county auditor, and the board
6    shall make expenditures from the fund in payment of any
7    costs related to the automation of court records including
8    hardware, software, research and development costs, and
9    personnel costs related to the foregoing, provided that
10    the expenditure is approved by the clerk of the court and
11    by the chief judge of the circuit court or his or her
12    designee.
13        (2) The Document Storage Fund is to defray the
14    expense, borne by the county, of establishing and
15    maintaining a document storage system and converting the
16    records of the circuit court clerk to electronic or
17    micrographic storage. The money shall be remitted monthly
18    by the clerk to the county treasurer and identified as
19    funds for the circuit court clerk. The fund shall be
20    audited by the county auditor, and the board shall make
21    expenditure from the fund in payment of any cost related
22    to the storage of court records, including hardware,
23    software, research and development costs, and personnel
24    costs related to the foregoing, provided that the
25    expenditure is approved by the clerk of the court.
26        (3) The Circuit Clerk Operations and Administration

 

 

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1    Fund may be used to defray the expenses incurred for
2    collection and disbursement of the various assessment
3    schedules. The money shall be remitted monthly by the
4    clerk to the county treasurer and identified as funds for
5    the circuit court clerk.
6        (4) The State's Attorney Records Automation Fund is to
7    defray the expense of establishing and maintaining
8    automated record keeping systems in the offices of the
9    State's Attorney. The money shall be remitted monthly by
10    the clerk to the county treasurer for deposit into the
11    State's Attorney Records Automation Fund. Expenditures
12    from this fund may be made by the State's Attorney for
13    hardware, software, and research and development related
14    to automated record keeping systems.
15        (5) The Public Defender Records Automation Fund is to
16    defray the expense of establishing and maintaining
17    automated record keeping systems in the offices of the
18    Public Defender. The money shall be remitted monthly by
19    the clerk to the county treasurer for deposit into the
20    Public Defender Records Automation Fund. Expenditures from
21    this fund may be made by the Public Defender for hardware,
22    software, and research and development related to
23    automated record keeping systems.
24        (6) The DUI Fund shall be used for enforcement and
25    prevention of driving while under the influence of
26    alcohol, other drug or drugs, intoxicating compound or

 

 

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1    compounds or any combination thereof, as defined by
2    Section 11-501 of the Illinois Vehicle Code, including,
3    but not limited to, the purchase of law enforcement
4    equipment and commodities that will assist in the
5    prevention of alcohol-related criminal violence throughout
6    the State; police officer training and education in areas
7    related to alcohol-related crime, including, but not
8    limited to, DUI training; and police officer salaries,
9    including, but not limited to, salaries for hire-back
10    funding for safety checkpoints, saturation patrols, and
11    liquor store sting operations. Any moneys shall be used to
12    purchase law enforcement equipment that will assist in the
13    prevention of alcohol-related criminal violence throughout
14    the State. The money shall be remitted monthly by the
15    clerk to the State or local treasurer for deposit as
16    provided by law.
17        (7) The Trauma Center Fund shall be distributed as
18    provided under Section 3.225 of the Emergency Medical
19    Services (EMS) Systems Act.
20        (8) The Probation and Court Services Fund is to be
21    expended as described in Section 15.1 of the Probation and
22    Probation Officers Act.
23        (9) The Circuit Court Clerk Electronic Citation Fund
24    shall have the Circuit Court Clerk as the custodian, ex
25    officio, of the Fund and shall be used to perform the
26    duties required by the office for establishing and

 

 

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1    maintaining electronic citations. The Fund shall be
2    audited by the county's auditor.
3        (10) The Drug Treatment Fund is a special fund in the
4    State treasury. Moneys in the Fund shall be expended as
5    provided in Section 411.2 of the Illinois Controlled
6    Substances Act.
7        (11) The Violent Crime Victims Assistance Fund is a
8    special fund in the State treasury to provide moneys for
9    the grants to be awarded under the Violent Crime Victims
10    Assistance Act.
11        (12) The Criminal Justice Information Projects Fund
12    shall be appropriated to and administered by the Illinois
13    Criminal Justice Information Authority for distribution to
14    fund Department of State Police drug task forces and
15    Metropolitan Enforcement Groups, for the costs associated
16    with making grants from the Prescription Pill and Drug
17    Disposal Fund, for undertaking criminal justice
18    information projects, and for the operating and other
19    expenses of the Authority incidental to those criminal
20    justice information projects. The moneys deposited into
21    the Criminal Justice Information Projects Fund under
22    Sections 15-15 and 15-35 of this Act shall be appropriated
23    to and administered by the Illinois Criminal Justice
24    Information Authority for distribution to fund Department
25    of State Police drug task forces and Metropolitan
26    Enforcement Groups by dividing the funds equally by the

 

 

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1    total number of Department of State Police drug task
2    forces and Illinois Metropolitan Enforcement Groups.
3        (13) The Sexual Assault Services Fund shall be
4    appropriated to the Department of Public Health. Upon
5    appropriation of moneys from the Sexual Assault Services
6    Fund, the Department of Public Health shall make grants of
7    these moneys to sexual assault organizations with whom the
8    Department has contracts for the purpose of providing
9    community-based services to victims of sexual assault.
10    Grants are in addition to, and are not substitutes for,
11    other grants authorized and made by the Department.
12        (14) The County Jail Medical Costs Fund is to help
13    defray the costs outlined in Section 17 of the County Jail
14    Act. Moneys in the Fund shall be used solely for
15    reimbursement to the county of costs for medical expenses
16    and administration of the Fund.
17        (15) The Prisoner Review Board Vehicle and Equipment
18    Fund is a special fund in the State treasury. The Prisoner
19    Review Board shall, subject to appropriation by the
20    General Assembly and approval by the Secretary, use all
21    moneys in the Prisoner Review Board Vehicle and Equipment
22    Fund for the purchase and operation of vehicles and
23    equipment.
24        (16) In each county in which a Children's Advocacy
25    Center provides services, a Child Advocacy Center Fund is
26    specifically for the operation and administration of the

 

 

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1    Children's Advocacy Center, from which the county board
2    shall make grants to support the activities and services
3    of the Children's Advocacy Center within that county.
4(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
5101-636, eff. 6-10-20.)