HB5889ham001 98TH GENERAL ASSEMBLY

Rep. Lawrence M. Walsh, Jr.

Filed: 3/19/2014

09800HB5889ham001 LRB098 15806 JLK 56833 a

AMENDMENT TO HOUSE BILL 5889

AMENDMENT NO. ______. Amend House Bill 5889 by replacing everything after the enacting clause with the following:

"Section 5. The Counties Code is amended by adding Section 5-1101.3 as follows:

(55 ILCS 5/5-1101.3 new)

Sec. 5-1101.3. Additional fees to finance new judicial facilities. The Will County Board may by ordinance impose a judicial facilities fee to be used for the building of new judicial facilities.

(a) In setting such fee, the Will County Board, with the concurrence of the Chief Judge of the applicable judicial circuit, may impose different rates for the various types or categories of civil and criminal cases, not to exceed $30. The fees are to be paid as follows:

(1) In civil cases, the fee shall be paid by each party at the time of filing the first pleading, paper, or other appearance; provided that no additional fee shall be required if more than one party is represented in a single pleading, paper, or other appearance.

(2) In felony, misdemeanor, local or county ordinance, traffic, and conservation cases, the fee shall be assessed against the defendant upon the entry of a judgment of conviction, an order of supervision, or a sentence of probation without entry of judgment pursuant to Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, or Section 10 of the Steroid Control Act.

(3) In local or county ordinance, traffic, and conservation cases, if fines are paid in full without a court appearance, then the fee shall not be imposed or collected.

(b) The proceeds of all fees enacted under this Section must be deposited into the county's Judicial Department Facilities Construction Fund and used for the sole purpose of funding in whole or in part the costs associated with building new judicial facilities within the county, which shall be designed and constructed by the Will County Board with the concurrence of the Chief Judge of the applicable judicial circuit.".