Full Text of HB2591 100th General Assembly
HB2591ham002 100TH GENERAL ASSEMBLY | Rep. Steven A. Andersson Filed: 4/21/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2591
| 2 | | AMENDMENT NO. ______. Amend House Bill 2591, AS AMENDED, | 3 | | with reference to page and line numbers of House Amendment No. | 4 | | 1, on page 6, line 4, by replacing "conviction" with | 5 | | "violation"; and
| 6 | | on page 6, line 6, by replacing "convictions" with "sentenced | 7 | | violations"; and | 8 | | on page 6, line 8, by replacing "conviction" with "violation"; | 9 | | and | 10 | | on page 6, line 10, by replacing "conviction" with "sentenced | 11 | | violation"; and | 12 | | on page 6, by inserting immediately below line 22 the | 13 | | following: | 14 | | "(c-3) Excluding any ordered conditional assessment, if
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| 1 | | the assessment is not paid within the period of probation, | 2 | | conditional
discharge, or supervision to which the defendant | 3 | | was originally sentenced,
the court may extend the period of | 4 | | probation, conditional discharge, or
supervision under Section | 5 | | 5-6-2 or 5-6-3.1 of the Unified Code of
Corrections, as | 6 | | applicable, until the assessment is paid or until
successful | 7 | | completion of public or community service set forth in
| 8 | | subsection (b) of Section 1-25 of this Act or the successful | 9 | | completion of the substance abuse
intervention or treatment | 10 | | program set forth in subsection (c-5) of this Section. | 11 | | (c-5) Excluding any ordered conditional assessment, the | 12 | | court may suspend the collection of the assessment; provided, | 13 | | the defendant agrees to enter a substance
abuse intervention or | 14 | | treatment program approved by the court; and further
provided | 15 | | that the defendant agrees to pay for all or some portion of the
| 16 | | costs associated with the intervention or treatment program. In | 17 | | this case,
the collection of the assessment shall be
suspended | 18 | | during the defendant's participation in the approved
| 19 | | intervention or treatment program. Upon successful
completion | 20 | | of the program, the defendant may apply to the court to reduce
| 21 | | the assessment imposed under this Section by any amount | 22 | | actually paid
by the defendant for his or her participation in | 23 | | the program. The court shall not
reduce the assessment under | 24 | | this subsection unless the defendant
establishes to the | 25 | | satisfaction of the court that he or she has successfully
| 26 | | completed the intervention or treatment program. If the |
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| 1 | | defendant's
participation is for any reason terminated before | 2 | | his or her successful completion
of the intervention or | 3 | | treatment program, collection of the entire
assessment imposed | 4 | | under this Act shall be enforced. Nothing in this
Section shall | 5 | | be deemed to affect or suspend any other fines, restitution
| 6 | | costs, forfeitures, or assessments imposed under this or any | 7 | | other Act."; and
| 8 | | on page 7, line 12, by replacing "Credit for time served. Any | 9 | | credit for time" with the following: | 10 | | "Credit; time served; community service. | 11 | | (a) Any credit for time"; and | 12 | | on page 7, by inserting immediately below line 17 the | 13 | | following: | 14 | | "(b) Excluding any ordered conditional assessment, a | 15 | | defendant who has been ordered to pay an assessment may | 16 | | petition
the court to convert all or part of the assessment | 17 | | into court-approved
public or community service. One hour of | 18 | | public or community service shall
be equivalent to $4 of | 19 | | assessment. The performance of this public or
community service | 20 | | shall be a condition of probation, conditional
discharge, or | 21 | | supervision and shall be in addition to the performance of any
| 22 | | other period of public or community service ordered by the | 23 | | court or required
by law."; and |
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| 1 | | on page 8, by deleting lines 9 through 11; and | 2 | | on page 8, line 14, after "(5)", by inserting "and (9)"; and | 3 | | on page 9, line 18, after "costs,", by inserting "and personnel | 4 | | costs related to the foregoing,"; and | 5 | | on page 10, line 6, after "costs,", by inserting "and personnel | 6 | | costs related to the foregoing,"; and | 7 | | on page 11, line 21, after "and", by inserting "those moneys | 8 | | and moneys in the State Police DUI Fund"; and | 9 | | on page 12, by replacing lines 2 through 4 with "Services (EMS) | 10 | | Systems Act."; and | 11 | | on page 12, by replacing lines 7 through 9 with "Probation | 12 | | Officers Act."; and | 13 | | on page 12, line 17, after "shall", by inserting "be"; and | 14 | | on page 12, by replacing lines 23 through 25 with "Assistance | 15 | | Act."; and | 16 | | on page 13, by replacing lines 2 and 3 with "Criminal Justice | 17 | | Information Authority for distribution to fund Department of |
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| 1 | | State Police drug
task forces and Metropolitan Enforcement | 2 | | Groups, for the costs associated with making grants from the | 3 | | Prescription Pill and Drug Disposal Fund, for undertaking | 4 | | criminal justice information projects, and for the operating | 5 | | and other
expenses of the Authority incidental to those | 6 | | criminal justice information projects. The moneys deposited | 7 | | into the Criminal Justice Information Projects Fund under | 8 | | Sections 2-15 and 2-35 of the Criminal and Traffic Assessment | 9 | | Act shall be appropriated to and administered by the Illinois | 10 | | Criminal Justice Information Authority for distribution to | 11 | | fund Department of State Police drug
task forces and | 12 | | Metropolitan Enforcement Groups
by dividing the
funds equally | 13 | | by the total number of Department of State Police
drug task | 14 | | forces and Illinois Metropolitan Enforcement Groups."; and | 15 | | on page 13, by inserting immediately below line 17 the | 16 | | following: | 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 General | 20 | | Assembly and approval by the Secretary, use all moneys in | 21 | | the Prisoner Review Board Vehicle and Equipment Fund for | 22 | | the purchase and operation of vehicles and equipment."; and | 23 | | on page 20, line 25, by replacing "$440" with "$417.50"; and |
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| 1 | | on page 21, line 6, by deleting "and"; and | 2 | | on page 21, line 8, by replacing the period with the following: | 3 | | "; and | 4 | | (G) $22.50 into the Fire Prevention Fund."; and | 5 | | on page 25, line 10, by replacing "$40" with "$17.50"; and | 6 | | on page 25, line 12, by deleting "and"; and | 7 | | on page 25, line 14, by replacing the period with the | 8 | | following: | 9 | | "; and | 10 | | (D) $22.50 into the Fire Prevention Fund."; and | 11 | | on page 29, line 5, by deleting "local ordinance"; and | 12 | | on page 30, line 2, by replacing "$50" with "$15"; and | 13 | | on page 30, line 10, by replacing "conviction" with "sentenced | 14 | | violation"; and | 15 | | on page 31, line 23, by replacing "conviction" with "sentenced | 16 | | violation"; and | 17 | | on page 33, by replacing lines 12 and 13 with the following: |
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| 1 | | "(11) speeding in a construction zone violation, $125 | 2 | | to the State Treasurer for"; and | 3 | | by replacing line 20 on page 33 through line 2 on page 34 with | 4 | | the following: | 5 | | "(12) supervision disposition on an offense under the | 6 | | Illinois Vehicle Code or similar provision of a local | 7 | | ordinance, 50 cents, unless waived by the court, into the | 8 | | Prisoner Review Board Vehicle and Equipment Fund;"; and | 9 | | on page 34, line 24, by replacing "conviction" with "sentenced | 10 | | violation"; and | 11 | | on page 35, line 21, by replacing "$750" with "$1,000"; and | 12 | | on page 36, by inserting immediately below line 12 the | 13 | | following: | 14 | | "Article II-A. Repeal | 15 | | Section 2A-1. Repeal. This Act is repealed on July 1, | 16 | | 2021."; and | 17 | | on page 40, line 8, after "projects", by inserting " , and for | 18 | | the costs associated with making grants from the Prescription | 19 | | Pill and Drug Disposal Fund "; and |
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| 1 | | on page 40, by replacing lines 12 through 14 with " Authority | 2 | | for distribution to fund Department of State Police drug
task | 3 | | forces and Metropolitan Enforcement Groups
by dividing the
| 4 | | funds equally by the total number of Department of State Police
| 5 | | drug task forces and Illinois Metropolitan Enforcement | 6 | | Groups. "; and | 7 | | on page 48, line 15, by deleting "4-2002, 4-2002.1,"; and | 8 | | by deleting line 14 on page 49 through line 23 on page 60; and | 9 | | on page 64, line 14, after "11-1002.5,", by inserting "15-113"; | 10 | | and | 11 | | on page 64, by replacing lines 17 and 18 with the following: | 12 | | "(a) Fines Except as provided in subsection (f) of Section | 13 | | 11-605 and subsection (c) of Section 11-1002.5 of
this Code, | 14 | | fines and"; and | 15 | | on page 77, by replacing lines 8 through 24 with the following: | 16 | | "(g) The Secretary of State Police DUI Fund is created as a | 17 | | special fund in the State treasury . All moneys received by the | 18 | | Secretary of State Police under subsection (f) of this Section | 19 | | shall be deposited into the Secretary of State Police DUI Fund | 20 | | and, subject to appropriation, shall be used for enforcement |
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| 1 | | and prevention of driving while under the influence of alcohol, | 2 | | other drug or drugs, intoxicating compound or compounds or any | 3 | | combination thereof, as defined by Section 11-501 of this Code, | 4 | | including but not limited to the purchase of law enforcement | 5 | | equipment and commodities to assist in the prevention of | 6 | | alcohol related criminal violence throughout the State; police | 7 | | officer training and education in areas related to alcohol | 8 | | related crime, including but not limited to DUI training; and | 9 | | police officer salaries, including but not limited to salaries | 10 | | for hire back funding for safety checkpoints, saturation | 11 | | patrols, and liquor store sting operations."; and | 12 | | on page 91, by inserting immediately below line 19 the | 13 | | following:
| 14 | | "(625 ILCS 5/15-113) (from Ch. 95 1/2, par. 15-113)
| 15 | | Sec. 15-113. Violations; Penalties.
| 16 | | (a) Whenever any vehicle is operated in violation of the | 17 | | provisions of
Section 15-111 or subsection (d) of Section | 18 | | 3-401, the owner or driver of such
vehicle shall be deemed | 19 | | guilty of such violation and either the owner or the
driver of | 20 | | such vehicle may be prosecuted for such violation.
Any person | 21 | | charged with a violation of any of these provisions who pleads | 22 | | not
guilty shall be present in court for the trial on the | 23 | | charge.
Any person, firm or corporation convicted of any | 24 | | violation of
Section 15-111 including, but not limited to, a |
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| 1 | | maximum axle or gross limit
specified on a regulatory sign | 2 | | posted in accordance with paragraph (e) or (f) of Section | 3 | | 15-111, shall be fined according to the following schedule:
| 4 | | Up to and including 2000 pounds overweight, the fine is $100 | 5 | | From 2001 through 2500 pounds overweight, the fine is $270 | 6 | | From 2501 through 3000 pounds overweight, the fine is $330 | 7 | | From 3001 through 3500 pounds overweight, the fine is $520 | 8 | | From 3501 through 4000 pounds overweight, the fine is $600 | 9 | | From 4001 through 4500 pounds overweight, the fine is $850 | 10 | | From 4501 through 5000 pounds overweight, the fine is $950 | 11 | | From 5001 or more pounds overweight, the fine shall be computed | 12 | | by assessing $1500 for the first 5000 pounds overweight and | 13 | | $150 for each additional increment of 500 pounds overweight or | 14 | | fraction thereof. | 15 | | In addition any person, firm or corporation convicted of 4 | 16 | | or more violations
of Section 15-111 within any 12 month period | 17 | | shall be fined an additional
amount of $5,000 for the fourth |
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| 1 | | and each subsequent conviction within the 12
month period. | 2 | | Provided, however, that with regard to a firm or corporation,
a | 3 | | fourth or subsequent conviction shall mean a fourth or | 4 | | subsequent
conviction attributable to any one employee-driver.
| 5 | | (b) Whenever any vehicle is operated in violation of the | 6 | | provisions of
Sections 15-102, 15-103 or 15-107, the owner or | 7 | | driver of
such vehicle shall be deemed guilty of such violation | 8 | | and either may be
prosecuted for such violation. Any person, | 9 | | firm or corporation convicted
of any violation of Sections | 10 | | 15-102, 15-103 or 15-107 shall be fined for
the first or second | 11 | | conviction an amount equal to not less than $50 nor
more than | 12 | | $500, and for the third and subsequent convictions by the same
| 13 | | person, firm or corporation within a period of one year after | 14 | | the date of
the first offense, not less than $500 nor more than | 15 | | $1,000.
| 16 | | (c) All proceeds equal to 50% of the additional fines | 17 | | imposed under subsection (a) of this Section by this amendatory | 18 | | Act of the 96th General Assembly shall be remitted to the State | 19 | | Treasurer and deposited into the Capital Projects Fund. | 20 | | (Source: P.A. 96-34, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-201, | 21 | | eff. 1-1-12.)"; and
| 22 | | on page 92, line 5, by replacing "Chapters 11 through 16" with | 23 | | "Chapters 3 11 through 18 16 "; and | 24 | | on page 92, line 18, after "treasurer", by inserting " , except |
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| 1 | | that fines and penalties recovered from violations arrested by | 2 | | the State Police shall be remitted to the State Police | 3 | | Operations Assistance Fund "; and | 4 | | on page 93, line 15, by replacing "district; Provided" with | 5 | | "district , except that fines and penalties recovered from | 6 | | violations arrested by the State Police shall be remitted to | 7 | | the State Police Operations Assistance Fund; provided ; | 8 | | Provided "; and | 9 | | on page 107, by inserting immediately below line 12 the | 10 | | following: | 11 | | " (4) In proceedings
to foreclose the lien of delinquent | 12 | | real estate taxes State's Attorneys
shall receive a fee of | 13 | | 10%
of the total amount realized from the sale of real | 14 | | estate sold in the
proceedings. The clerk shall collect the | 15 | | fee from the total amount realized from
the sale of the | 16 | | real estate sold in the proceedings and remit to the County | 17 | | Treasurer to be credited to the earnings of the Office of | 18 | | State's Attorney. "; and | 19 | | on page 112, by deleting lines 9 and 10; and | 20 | | on page 112, line 11, by replacing " (C) " with " (B) "; and | 21 | | on page 112, line 17, by replacing " (D) " with " (C) "; and |
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| 1 | | on page 112, line 21, by replacing " (E) " with " (D) "; and | 2 | | on page 113, line 2, by replacing " (F) " with " (E) "; and | 3 | | by deleting line 7 on page 144 through line 10 on page 147; and | 4 | | by replacing line 13 on page 147 through line 10 on page 152 | 5 | | with the following:
| 6 | | "(720 ILCS 570/411.2) (from Ch. 56 1/2, par. 1411.2)
| 7 | | Sec. 411.2. Drug Treatment Fund; drug treatment grants. | 8 | | (a) (Blank). Every person convicted of a violation of this | 9 | | Act, and
every person placed on probation, conditional | 10 | | discharge, supervision or
probation under Section 410 of this | 11 | | Act, shall be assessed for each offense
a sum fixed at:
| 12 | | (1) $3,000 for a Class X felony;
| 13 | | (2) $2,000 for a Class 1 felony;
| 14 | | (3) $1,000 for a Class 2 felony;
| 15 | | (4) $500 for a Class 3 or Class 4 felony;
| 16 | | (5) $300 for a Class A misdemeanor;
| 17 | | (6) $200 for a Class B or Class C misdemeanor.
| 18 | | (b) (Blank). The assessment under this Section is in | 19 | | addition to and not in lieu
of any fines, restitution costs, | 20 | | forfeitures or other assessments
authorized or required by law.
| 21 | | (c) (Blank). As a condition of the assessment, the court |
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| 1 | | may require that payment
be made in specified installments or | 2 | | within a specified period of time. If
the assessment is not | 3 | | paid within the period of probation, conditional
discharge or | 4 | | supervision to which the defendant was originally sentenced,
| 5 | | the court may extend the period of probation, conditional | 6 | | discharge or
supervision pursuant to Section 5-6-2 or 5-6-3.1 | 7 | | of the Unified Code of
Corrections, as applicable, until the | 8 | | assessment is paid or until
successful completion of public or | 9 | | community service set forth in
subsection (e) or the successful | 10 | | completion of the substance abuse
intervention or treatment | 11 | | program set forth in subsection (f). If a term
of probation, | 12 | | conditional discharge or supervision is not imposed, the
| 13 | | assessment shall be payable upon judgment or as directed by the | 14 | | court.
| 15 | | (d) (Blank). If an assessment for a violation of this Act | 16 | | is imposed on an
organization, it is the duty of each | 17 | | individual authorized to make
disbursements of the assets of | 18 | | the organization to pay the assessment from
assets of the | 19 | | organization.
| 20 | | (e) (Blank). A defendant who has been ordered to pay an | 21 | | assessment may petition
the court to convert all or part of the | 22 | | assessment into court-approved
public or community service. | 23 | | One hour of public or community service shall
be equivalent to | 24 | | $4 of assessment. The performance of this public or
community | 25 | | service shall be a condition of the probation, conditional
| 26 | | discharge or supervision and shall be in addition to the |
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| 1 | | performance of any
other period of public or community service | 2 | | ordered by the court or required
by law.
| 3 | | (f) (Blank). The court may suspend the collection of the | 4 | | assessment imposed
under this Section; provided the defendant | 5 | | agrees to enter a substance
abuse intervention or treatment | 6 | | program approved by the court; and further
provided that the | 7 | | defendant agrees to pay for all or some portion of the
costs | 8 | | associated with the intervention or treatment program. In this | 9 | | case,
the collection of the assessment imposed under this | 10 | | Section shall be
suspended during the defendant's | 11 | | participation in the approved
intervention or treatment | 12 | | program. Upon successful completion of the
program, the | 13 | | defendant may apply to the court to reduce the assessment
| 14 | | imposed under this Section by any amount actually paid by the | 15 | | defendant for
his or her participation in the program. The | 16 | | court shall not reduce the penalty
under this subsection unless | 17 | | the defendant establishes to the satisfaction
of the court that | 18 | | he or she has successfully completed the intervention or
| 19 | | treatment program. If the defendant's participation is for any | 20 | | reason
terminated before his or her successful completion of | 21 | | the intervention or
treatment program, collection of the entire | 22 | | assessment imposed under this
Section shall be enforced. | 23 | | Nothing in this Section shall be deemed to
affect or suspend | 24 | | any other fines, restitution costs, forfeitures or
assessments | 25 | | imposed under this or any other Act.
| 26 | | (g) (Blank). The court shall not impose more than one |
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| 1 | | assessment per complaint,
indictment or information. If the | 2 | | person is convicted of more than one
offense in a complaint, | 3 | | indictment or information, the assessment shall be
based on the | 4 | | highest class offense for which the person is convicted.
| 5 | | (h) The In counties under 3,000,000, all moneys collected | 6 | | under this Section
shall be forwarded by the clerk of the | 7 | | circuit court to the State Treasurer
for deposit in the Drug | 8 | | Treatment Fund , which is hereby established as a
special fund | 9 | | within the State Treasury. The Department of Human Services may | 10 | | make grants to persons licensed under
Section 15-10 of
the | 11 | | Alcoholism and Other Drug Abuse and Dependency Act or to
| 12 | | municipalities
or counties from funds appropriated to the | 13 | | Department from the Drug
Treatment Fund for the treatment of | 14 | | pregnant women who are addicted to
alcohol, cannabis or | 15 | | controlled substances and for the needed care of
minor, | 16 | | unemancipated children of women undergoing residential drug
| 17 | | treatment. If the Department of Human Services grants funds
to | 18 | | a municipality or a county that the Department determines is | 19 | | not
experiencing a problem with pregnant women addicted to | 20 | | alcohol, cannabis or
controlled substances, or with care for | 21 | | minor, unemancipated children of
women undergoing residential | 22 | | drug treatment, or intervention, the funds
shall be used for | 23 | | the treatment of any person addicted to alcohol, cannabis
or | 24 | | controlled substances. The Department may adopt such rules as | 25 | | it deems
appropriate for the administration of such grants.
| 26 | | (i) (Blank). In counties over 3,000,000, all moneys |
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| 1 | | collected under this Section
shall be forwarded to the County | 2 | | Treasurer for deposit into the County
Health Fund. The County | 3 | | Treasurer shall, no later than the
15th day of each month, | 4 | | forward to the State Treasurer 30 percent of all
moneys | 5 | | collected under this Act and received into the County Health
| 6 | | Fund since the prior remittance to the State Treasurer.
Funds | 7 | | retained by the County shall be used for community-based | 8 | | treatment of
pregnant women who are addicted to alcohol, | 9 | | cannabis, or controlled
substances or for the needed care of | 10 | | minor, unemancipated children of these
women. Funds forwarded | 11 | | to the State Treasurer shall be deposited into the
State Drug | 12 | | Treatment Fund maintained by the State Treasurer from which the
| 13 | | Department of Human Services may make
grants to persons | 14 | | licensed under Section 15-10 of the Alcoholism and
Other Drug
| 15 | | Abuse and Dependency Act or to municipalities or counties from | 16 | | funds
appropriated to
the Department from the Drug Treatment | 17 | | Fund, provided that the moneys
collected from each county be | 18 | | returned proportionately to the counties
through grants to | 19 | | licensees located within the county from which the
assessment | 20 | | was received and moneys in the State Drug Treatment Fund shall
| 21 | | not supplant other local, State or federal funds. If the | 22 | | Department of Human
Services grants funds to a
municipality or | 23 | | county that the Department determines is not experiencing a
| 24 | | problem with pregnant women addicted to alcohol, cannabis or | 25 | | controlled
substances, or with care for minor, unemancipated | 26 | | children or women
undergoing residential drug treatment, the |
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| 1 | | funds shall be used for the
treatment of any person addicted to | 2 | | alcohol, cannabis or controlled
substances. The Department may | 3 | | adopt such rules as it deems appropriate
for the administration | 4 | | of such grants.
| 5 | | (Source: P.A. 97-334, eff. 1-1-12.)"; and
| 6 | | on page 152, line 12, by replacing "Section 80" with "Sections | 7 | | 80 and 90"; and | 8 | | by replacing line 13 on page 152 through line 7 on page 157 | 9 | | with the following: | 10 | | "(720 ILCS 646/80)
| 11 | | Sec. 80. Drug treatment grants Assessment . | 12 | | (a) (Blank). Every person convicted of a violation of this | 13 | | Act, and every person placed on probation, conditional | 14 | | discharge, supervision, or probation under this Act, shall be | 15 | | assessed for each offense a sum fixed at:
| 16 | | (1) $3,000 for a Class X felony;
| 17 | | (2) $2,000 for a Class 1 felony;
| 18 | | (3) $1,000 for a Class 2 felony;
| 19 | | (4) $500 for a Class 3 or Class 4 felony. | 20 | | (b) (Blank). The assessment under this Section is in | 21 | | addition to and not in lieu of any fines, restitution, costs, | 22 | | forfeitures, or other assessments authorized or required by | 23 | | law.
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| 1 | | (c) (Blank). As a condition of the assessment, the court | 2 | | may require that payment be made in specified installments or | 3 | | within a specified period of time. If the assessment is not | 4 | | paid within the period of probation, conditional discharge, or | 5 | | supervision to which the defendant was originally sentenced, | 6 | | the court may extend the period of probation, conditional | 7 | | discharge, or supervision pursuant to Section 5-6-2 or 5-6-3.1 | 8 | | of the Unified Code of Corrections, as applicable, until the | 9 | | assessment is paid or until successful completion of public or | 10 | | community service set forth in subsection (e) or the successful | 11 | | completion of the substance abuse intervention or treatment | 12 | | program set forth in subsection (f). If a term of probation, | 13 | | conditional discharge, or supervision is not imposed, the | 14 | | assessment shall be payable upon judgment or as directed by the | 15 | | court.
| 16 | | (d) (Blank). If an assessment for a violation of this Act | 17 | | is imposed on an organization, it is the duty of each | 18 | | individual authorized to make disbursements of the assets of | 19 | | the organization to pay the assessment from assets of the | 20 | | organization.
| 21 | | (e) (Blank). A defendant who has been ordered to pay an | 22 | | assessment may petition the court to convert all or part of the | 23 | | assessment into court-approved public or community service. | 24 | | One hour of public or community service shall be equivalent to | 25 | | $4 of assessment. The performance of this public or community | 26 | | service shall be a condition of the probation, conditional |
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| 1 | | discharge, or supervision and shall be in addition to the | 2 | | performance of any other period of public or community service | 3 | | ordered by the court or required by law.
| 4 | | (f) (Blank). The court may suspend the collection of the | 5 | | assessment imposed under this Section if the defendant agrees | 6 | | to enter a substance abuse intervention or treatment program | 7 | | approved by the court and the defendant agrees to pay for all | 8 | | or some portion of the costs associated with the intervention | 9 | | or treatment program. In this case, the collection of the | 10 | | assessment imposed under this Section shall be suspended during | 11 | | the defendant's participation in the approved intervention or | 12 | | treatment program. Upon successful completion of the program, | 13 | | the defendant may apply to the court to reduce the assessment | 14 | | imposed under this Section by any amount actually paid by the | 15 | | defendant for his or her participation in the program. The | 16 | | court shall not reduce the penalty under this subsection unless | 17 | | the defendant establishes to the satisfaction of the court that | 18 | | he or she has successfully completed the intervention or | 19 | | treatment program. If the defendant's participation is for any | 20 | | reason terminated before his or her successful completion of | 21 | | the intervention or treatment program, collection of the entire | 22 | | assessment imposed under this Section shall be enforced. | 23 | | Nothing in this Section shall be deemed to affect or suspend | 24 | | any other fines, restitution costs, forfeitures, or | 25 | | assessments imposed under this or any other Act.
| 26 | | (g) (Blank). The court shall not impose more than one |
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| 1 | | assessment per complaint, indictment, or information. If the | 2 | | person is convicted of more than one offense in a complaint, | 3 | | indictment, or information, the assessment shall be based on | 4 | | the highest class offense for which the person is convicted.
| 5 | | (h) In counties with a population under 3,000,000, all | 6 | | moneys collected under this Section shall be forwarded by the | 7 | | clerk of the circuit court to the State Treasurer for deposit | 8 | | in the Drug Treatment Fund. The Department of Human Services | 9 | | may make grants to persons licensed under Section 15-10 of the | 10 | | Alcoholism and Other Drug Abuse and Dependency Act or to | 11 | | municipalities or counties from funds appropriated to the | 12 | | Department from the Drug Treatment Fund for the treatment of | 13 | | pregnant women who are addicted to alcohol, cannabis or | 14 | | controlled substances and for the needed care of minor, | 15 | | unemancipated children of women undergoing residential drug | 16 | | treatment. If the Department of Human Services grants funds to | 17 | | a municipality or a county that the Department determines is | 18 | | not experiencing a problem with pregnant women addicted to | 19 | | alcohol, cannabis or controlled substances, or with care for | 20 | | minor, unemancipated children of women undergoing residential | 21 | | drug treatment, or intervention, the funds shall be used for | 22 | | the treatment of any person addicted to alcohol, cannabis, or | 23 | | controlled substances. The Department may adopt such rules as | 24 | | it deems appropriate for the administration of such grants.
| 25 | | (i) (Blank). In counties with a population of 3,000,000 or | 26 | | more, all moneys collected under this Section shall be |
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| 1 | | forwarded to the County Treasurer for deposit into the County | 2 | | Health Fund. The County Treasurer shall, no later than the 15th | 3 | | day of each month, forward to the State Treasurer 30 percent of | 4 | | all moneys collected under this Act and received into the | 5 | | County Health Fund since the prior remittance to the State | 6 | | Treasurer. Funds retained by the County shall be used for | 7 | | community-based treatment of pregnant women who are addicted to | 8 | | alcohol, cannabis, or controlled substances or for the needed | 9 | | care of minor, unemancipated children of these women. Funds | 10 | | forwarded to the State Treasurer shall be deposited into the | 11 | | State Drug Treatment Fund maintained by the State Treasurer | 12 | | from which the Department of Human Services may make grants to | 13 | | persons licensed under Section 15-10 of the Alcoholism and | 14 | | Other Drug Abuse and Dependency Act or to municipalities or | 15 | | counties from funds appropriated to the Department from the | 16 | | Drug Treatment Fund, provided that the moneys collected from | 17 | | each county be returned proportionately to the counties through | 18 | | grants to licensees located within the county from which the | 19 | | assessment was received and moneys in the State Drug Treatment | 20 | | Fund shall not supplant other local, State or federal funds. If | 21 | | the Department of Human Services grants funds to a municipality | 22 | | or county that the Department determines is not experiencing a | 23 | | problem with pregnant women addicted to alcohol, cannabis or | 24 | | controlled substances, or with care for minor, unemancipated | 25 | | children or women undergoing residential drug treatment, the | 26 | | funds shall be used for the treatment of any person addicted to |
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| 1 | | alcohol, cannabis or controlled substances. The Department may | 2 | | adopt such rules as it deems appropriate for the administration | 3 | | of such grants.
| 4 | | (Source: P.A. 94-556, eff. 9-11-05.) | 5 | | (720 ILCS 646/90)
| 6 | | Sec. 90. Methamphetamine restitution. | 7 | | (a) If a person commits a violation of this Act in a manner | 8 | | that requires an emergency response, the person shall be | 9 | | required to make restitution to all public entities involved in | 10 | | the emergency response, to cover the reasonable cost of their
| 11 | | participation in the emergency response, including but not | 12 | | limited to regular and overtime costs incurred by local law | 13 | | enforcement agencies and private contractors paid by the public | 14 | | agencies in securing the site. The convicted person shall make | 15 | | this restitution in addition to any other fine or penalty | 16 | | required by law.
| 17 | | (b) Any restitution payments made under this Section shall | 18 | | be disbursed equitably by the circuit clerk in the following | 19 | | order: | 20 | | (1) first, to the agency responsible for the mitigation | 21 | | of the incident; | 22 | | (2) second, to the local agencies involved in the
| 23 | | emergency response; | 24 | | (3) third, to the State agencies involved in the
| 25 | | emergency response; and
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| 1 | | (4) fourth, to the federal agencies involved in the
| 2 | | emergency response. | 3 | | (c) In addition to any other penalties and liabilities, a
| 4 | | person who is convicted of violating any
Section of this Act, | 5 | | whose violation proximately caused any incident resulting in an | 6 | | appropriate emergency response, shall be assessed a fine of | 7 | | $2,500, payable to
the circuit clerk, who shall distribute the | 8 | | money
to the law enforcement agency responsible for the | 9 | | mitigation of the incident.
If the person has been previously
| 10 | | convicted of violating any Section of this Act,
the fine shall | 11 | | be $5,000 and the circuit clerk shall
distribute the money to | 12 | | the law enforcement agency
responsible for the mitigation of | 13 | | the incident.
In the event that more than one agency is
| 14 | | responsible for an arrest which does not require mitigation, | 15 | | the amount payable to law
enforcement agencies shall be shared | 16 | | equally. Any moneys
received by a law enforcement agency under | 17 | | this Section shall
be used for law enforcement expenses. | 18 | | Any moneys collected for the Illinois State Police shall be | 19 | | remitted to the State Treasurer and deposited into the State | 20 | | Police Operations Assistance Fund Traffic and
Criminal | 21 | | Conviction Surcharge Fund . | 22 | | (Source: P.A. 97-434, eff. 1-1-12.)"; and | 23 | | on page 158, by replacing lines 2 through 4 with the following: | 24 | | " (2) His or her available personal income is 200% | 25 | | or less of the current poverty level, unless "; and |
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| 1 | | on page 160, by replacing line 3 with the following: | 2 | | " Court Rule. Factors to consider in evaluating an application | 3 | | shall include: | 4 | | (1) the applicant's receipt of needs based | 5 | | governmental public benefits, including Supplemental | 6 | | Security Income (SSI); Aid to the Aged, Blind and Disabled | 7 | | (ADBD); Temporary Assistance for Needy Families (TANF); | 8 | | Supplemental Nutrition Assistance Program (SNAP or "food | 9 | | stamps"); General Assistance; Transitional Assistance; or | 10 | | State Children and Family Assistance; | 11 | | (2) the employment status of the applicant and amount | 12 | | of monthly income, if any; | 13 | | (3) income received from the applicant's pension, | 14 | | Social Security benefits, unemployment benefits, and other | 15 | | sources; | 16 | | (4) income received by the applicant from other | 17 | | household members; | 18 | | (5) the applicant's monthly expenses, including rent, | 19 | | home mortgage, other mortgage, utilities, food, medical, | 20 | | vehicle, childcare, debts, child support, and other | 21 | | expenses; and | 22 | | (6) financial affidavits or other similar supporting | 23 | | documentation provided by the applicant showing that | 24 | | payment of the imposed assessments would result in | 25 | | substantial hardship to the applicant or the applicant's |
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| 1 | | family ."; and | 2 | | on page 160, by replacing line 5 with " waiver of assessments to | 3 | | any defendant "; and | 4 | | on page 160, by replacing lines 10 and 11 with " advising | 5 | | criminal defendants they may ask the court for a waiver of any | 6 | | court ordered "; and | 7 | | on page 160, by replacing line 14 with " may ask the court to | 8 | | waive payment of "; and | 9 | | by replacing line 21 on page 160 through line 8 on page 161 | 10 | | with the following: | 11 | | " (f) Nothing in this Section shall be construed to affect | 12 | | the right of a party to court-appointed counsel, as authorized | 13 | | by any other provision of law or by the rules of the Illinois | 14 | | Supreme Court. | 15 | | (g) The provisions of this Section are severable under "; | 16 | | and | 17 | | on page 163, line 24, by replacing "and 5-9-1.16" with | 18 | | "5-9-1.16, and 5-9-1.21"; and | 19 | | on page 283, lines 7 and 8, by replacing "subsections (b) and" | 20 | | with " subsection subsections (b) and "; and |
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| 1 | | on page 289, by replacing lines 7 and 8 with the following: | 2 | | "(3) The State Police DUI Fund is created as a
special | 3 | | fund in
the State Treasury."; and | 4 | | on page 289, lines 9 and 10, by replacing "subsections (b) and" | 5 | | with " subsection subsections (b) and "; and | 6 | | on page 295, by inserting immediately below line 23 the | 7 | | following: | 8 | | "(730 ILCS 5/5-9-1.21) | 9 | | Sec. 5-9-1.21. Specialized Services for Survivors of Human | 10 | | Trafficking Fund. | 11 | | (a) There is created in the State treasury a Specialized | 12 | | Services for Survivors of Human Trafficking Fund. Moneys | 13 | | deposited into the Fund under this Section shall be available | 14 | | for the Department of Human Services for the purposes in this | 15 | | Section. | 16 | | (b) Each plea of guilty, stipulation of facts, or finding | 17 | | of guilt resulting in a judgment of conviction or order of | 18 | | supervision for an offense under Section 10-9, 11-14.1, | 19 | | 11-14.3, or 11-18 of the Criminal Code of 2012 that results in | 20 | | the imposition of a fine shall have a portion of that fine | 21 | | deposited into the Specialized Services for Survivors of Human | 22 | | Trafficking Fund. |
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| 1 | | (c) If imposed, the fine shall be collected by the circuit | 2 | | court clerk in addition to any other imposed fee. The circuit | 3 | | court clerk shall retain $50 to cover the costs in | 4 | | administering and enforcing this Section. The circuit court | 5 | | clerk shall remit the remainder of the fine within one month of | 6 | | its receipt as follows: | 7 | | (1) $300 to the State Treasurer who shall deposit the | 8 | | portion as
follows: | 9 | | (A) if the arresting or investigating agency is the | 10 | | Department of State
Police, into the State Police | 11 | | Operations Assistance Fund; | 12 | | (B) if the arresting or investigating agency is the | 13 | | Department of
Natural Resources, into the Conservation | 14 | | Police Operations
Assistance Fund; | 15 | | (C) if the arresting or investigating agency is the | 16 | | Secretary of State,
into the Secretary of State Police | 17 | | Services Fund; | 18 | | (D) if the arresting or investigating agency is the | 19 | | Illinois Commerce
Commission, into the Public Utility | 20 | | Fund; or | 21 | | (E) if more than one of the State agencies in this | 22 | | paragraph (1) is the arresting or investigating | 23 | | agency, then equal shares with the shares deposited as | 24 | | provided in the applicable subparagraph (A) through | 25 | | (D) of this paragraph (1) shall be distributed equally | 26 | | between all State law enforcement agencies whose |
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| 1 | | officers or employees conducted the investigation or | 2 | | prosecution that resulted in the finding of guilt ; and | 3 | | (2) the remainder of the fine shall be remitted to the | 4 | | Department of Human Services for deposit into the | 5 | | Specialized Services for Survivors of Human Trafficking | 6 | | Fund. | 7 | | (d) Upon appropriation of moneys from the Specialized | 8 | | Services for Survivors of Human Trafficking Fund, the | 9 | | Department of Human Services shall use these moneys to make | 10 | | grants to non-governmental organizations to provide | 11 | | specialized, trauma-informed services specifically designed to | 12 | | address the priority service needs associated with | 13 | | prostitution and human trafficking. Priority services include, | 14 | | but are not limited to, community based drop-in centers, | 15 | | emergency housing, and long-term safe homes. The Department | 16 | | shall consult with prostitution and human trafficking | 17 | | advocates, survivors, and service providers to identify | 18 | | priority service needs in their respective communities. | 19 | | (e) Grants made under this Section are in addition to, and | 20 | | not substitutes for, other grants authorized and made by the | 21 | | Department. | 22 | | (f) Notwithstanding any other law to the contrary, the | 23 | | Specialized Services for Survivors of Human Trafficking Fund is | 24 | | not subject to sweeps, administrative charge-backs, or any | 25 | | other fiscal maneuver that would in any way transfer any | 26 | | amounts from the Specialized Services for Survivors of Human |
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| 1 | | Trafficking Fund into any other fund of the State.
| 2 | | (Source: P.A. 98-1013, eff. 1-1-15 .)"; and | 3 | | on page 298, by inserting immediately below line 21 the | 4 | | following: | 5 | | "Section 3-52. The Code of Civil Procedure is amended by | 6 | | changing Section 5-105 as follows:
| 7 | | (735 ILCS 5/5-105) (from Ch. 110, par. 5-105)
| 8 | | Sec. 5-105. Waiver of court fees, costs, and charges Leave | 9 | | to sue or defend as an indigent person .
| 10 | | (a) As used in this Section:
| 11 | | (1) "Fees, costs, and charges" means payments imposed | 12 | | on a party in
connection with the prosecution or defense of | 13 | | a civil action, including, but
not limited to: fees set | 14 | | forth in Section 27.1b of the Clerks of Courts Act filing | 15 | | fees; appearance fees ; fees for service of process and
| 16 | | other papers served either within or outside this State, | 17 | | including service by
publication pursuant to Section 2-206 | 18 | | of this Code and publication of necessary
legal notices; | 19 | | motion fees; jury demand fees; charges for participation | 20 | | in, or
attendance at, any mandatory process or procedure | 21 | | including, but not limited
to, conciliation, mediation, | 22 | | arbitration, counseling, evaluation, "Children
First", | 23 | | "Focus on Children" or similar programs; fees for |
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| 1 | | supplementary
proceedings; charges for translation | 2 | | services; guardian ad litem fees;
charges for certified | 3 | | copies of court documents; and all other processes and
| 4 | | procedures deemed by the court to be necessary to commence, | 5 | | prosecute, defend,
or enforce relief in a
civil action.
| 6 | | (2) "Indigent person" means any person who meets one or | 7 | | more of the
following criteria:
| 8 | | (i) He or she is receiving assistance under one or | 9 | | more of the
following
means based governmental public | 10 | | benefits programs: Supplemental Security Income (SSI), | 11 | | Aid to the Aged,
Blind and Disabled (AABD), Temporary | 12 | | Assistance for Needy Families (TANF), Supplemental | 13 | | Nutrition Assistance Program (SNAP)
Food
Stamps , | 14 | | General Assistance, Transitional Assistance, or State | 15 | | Children
and Family Assistance.
| 16 | | (ii) His or her available personal income is 200% | 17 | | 125% or less of the current
poverty
level as | 18 | | established by the United States Department of Health | 19 | | and Human
Services , unless the applicant's assets that | 20 | | are not exempt under Part 9 or 10
of Article XII of | 21 | | this Code are of a nature and value that the court | 22 | | determines
that the applicant is able to pay the fees, | 23 | | costs, and charges.
| 24 | | (iii) He or she is, in the discretion of the court, | 25 | | unable to proceed
in
an action without payment of fees, | 26 | | costs, and charges and whose payment of
those
fees, |
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| 1 | | costs, and charges would result in substantial | 2 | | hardship to the person or
his or her family.
| 3 | | (iv) He or she is an indigent person pursuant to | 4 | | Section 5-105.5 of this
Code.
| 5 | | (3) "Poverty level" means the current poverty level as | 6 | | established by the United States Department of Health and | 7 | | Human Services. | 8 | | (b) On the application of any person, before , or after the | 9 | | commencement of
an action : , a | 10 | | (1) If the court finds , on finding that the applicant | 11 | | is an indigent person, the court shall
grant the applicant | 12 | | a full fees, costs, and charges waiver entitling him or her | 13 | | leave to sue or defend the action without payment of any of | 14 | | the
fees, costs, and charges . of the action | 15 | | (2) If the court finds that the applicant satisfies any | 16 | | of the criteria contained in items (i), (ii), or (iii) of | 17 | | this subdivision (b)(2), the court shall grant the | 18 | | applicant a partial fees, costs, and charges waiver | 19 | | entitling him or her to sue or defend the action upon | 20 | | payment of the applicable percentage of the assessments, | 21 | | costs, and charges of the action, as follows: | 22 | | (i) the court shall waive 75% of all fees, costs, | 23 | | and charges if the available income of the applicant is | 24 | | greater than 200% but does not exceed 250% of the | 25 | | poverty level, unless the assets of the applicant that | 26 | | are not exempt under Part 9 or 10 of Article XII of |
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| 1 | | this Code are such that the applicant is able, without | 2 | | undue hardship, to pay a greater portion of the fees, | 3 | | costs, and charges; | 4 | | (ii) the court shall waive 50% of all fees, costs, | 5 | | and charges if the available income is greater than | 6 | | 250% but does not exceed 300% of the poverty level, | 7 | | unless the assets of the applicant that are not exempt | 8 | | under Part 9 or 10 of Article XII of this Code are such | 9 | | that the applicant is able, without undue hardship, to | 10 | | pay a greater portion of the fees, costs, and charges; | 11 | | and | 12 | | (iii) the court shall waive 25% of all fees, costs, | 13 | | and charges if the available income of the applicant is | 14 | | greater than 300% but does not exceed 400% of the | 15 | | current poverty level, unless the assets of the | 16 | | applicant that are not exempt under Part 9 or 10 of | 17 | | Article XII of this Code are such that the applicant is | 18 | | able, without undue hardship, to pay a greater portion | 19 | | of the fees, costs, and charges .
| 20 | | (c) An application for waiver of court fees, costs, and | 21 | | charges leave to sue or defend an action as an indigent
person
| 22 | | shall be in writing and signed supported by the affidavit of | 23 | | the applicant , or, if the
applicant is a minor or an | 24 | | incompetent adult, by the affidavit of another
person having | 25 | | knowledge of the facts. The contents of the application for | 26 | | waiver of court fees, costs, and charges, and the procedure for |
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| 1 | | the decision of the applications, affidavit shall be
| 2 | | established by Supreme Court Rule . Factors to consider in | 3 | | evaluating an application shall include: | 4 | | (1) the applicant's receipt of needs based | 5 | | governmental public benefits, including Supplemental | 6 | | Security Income (SSI); Aid to the Aged, Blind and Disabled | 7 | | (ADBD); Temporary Assistance for Needy Families (TANF); | 8 | | Supplemental Nutrition Assistance Program (SNAP or "food | 9 | | stamps"); General Assistance; Transitional Assistance; or | 10 | | State Children and Family Assistance; | 11 | | (2) the employment status of the applicant and amount | 12 | | of monthly income, if any; | 13 | | (3) income received from the applicant's pension, | 14 | | Social Security benefits, unemployment benefits, and other | 15 | | sources; | 16 | | (4) income received by the applicant from other | 17 | | household members; | 18 | | (5) the applicant's monthly expenses, including rent, | 19 | | home mortgage, other mortgage, utilities, food, medical, | 20 | | vehicle, childcare, debts, child support, and other | 21 | | expenses; and | 22 | | (6) financial affidavits or other similar supporting | 23 | | documentation provided by the applicant showing that | 24 | | payment of the imposed fees, costs, and charges would | 25 | | result in substantial hardship to the applicant or the | 26 | | applicant's family . |
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| 1 | | (c-5) The court shall provide, through the
office of the | 2 | | clerk of the court, the application for waiver of court fees, | 3 | | costs, and charges simplified forms consistent with the
| 4 | | requirements of this Section and applicable Supreme Court Rules | 5 | | to any person
seeking to sue or defend an action who indicates | 6 | | an inability to pay the fees,
costs, and charges of the action. | 7 | | The application and supporting affidavit may
be incorporated | 8 | | into one simplified form. The clerk of the court shall post in
| 9 | | a conspicuous place in the courthouse a notice no smaller than | 10 | | 8.5 x 11 inches,
using no smaller than 30-point typeface | 11 | | printed in English and in Spanish,
advising
the public that | 12 | | they may ask the court for permission to sue or defend a civil
| 13 | | action without payment of fees, costs, and charges. The notice | 14 | | shall be
substantially as follows:
| 15 | | "If you are unable to pay the fees, costs, and charges | 16 | | of an action you may
ask the court to allow you to proceed | 17 | | without paying them. Ask the clerk of
the court for forms."
| 18 | | (d) (Blank). The court shall rule on applications under | 19 | | this Section in a timely
manner based on information contained | 20 | | in the application unless the court, in
its discretion, | 21 | | requires the
applicant to personally appear to explain or | 22 | | clarify information contained in
the application. If the court | 23 | | finds that the applicant is an indigent person,
the
court shall | 24 | | enter an order permitting the applicant to sue or defend
| 25 | | without payment of fees, costs, or charges. If the application | 26 | | is
denied,
the court shall enter an order to that effect |
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| 1 | | stating the specific reasons for
the denial. The clerk of the | 2 | | court shall promptly mail or deliver a copy of the
order to the | 3 | | applicant.
| 4 | | (e) The clerk of the court shall not refuse to accept and | 5 | | file any
complaint,
appearance, or other paper presented by the | 6 | | applicant if accompanied by an
application for waiver of court | 7 | | fees, costs, and charges to sue or defend in forma pauperis , | 8 | | and those papers shall be
considered filed on the date the | 9 | | application is presented. If the application
is denied or a | 10 | | partial fees, costs, and charges waiver is granted , the order | 11 | | shall state a date certain by which the necessary fees,
costs, | 12 | | and charges must be paid. For The court, for good cause shown, | 13 | | the court may allow an
applicant who receives a partial fees, | 14 | | costs, and charges waiver whose application is denied to defer | 15 | | payment of fees, costs, and
charges, make installment payments, | 16 | | or make payment upon reasonable terms and
conditions stated in | 17 | | the order. The court may dismiss the claims or strike the | 18 | | defenses of
any party failing to pay the fees, costs, and or | 19 | | charges within the time and in the
manner ordered by the court. | 20 | | A judicial ruling on an application for waiver of court | 21 | | assessments does not constitute a decision of a substantial | 22 | | issue in the case under Section 2-1001 of this Code A | 23 | | determination concerning an application to sue
or defend
in | 24 | | forma pauperis shall not
be construed as a ruling on the | 25 | | merits .
| 26 | | (f) The court may order granting a full or partial fees, |
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| 1 | | costs, and charges waiver shall expire after one year. Upon | 2 | | expiration of the waiver, or a reasonable period of time before | 3 | | expiration, the party whose fees, costs, and charges were | 4 | | waived may file another application for waiver and the court | 5 | | shall consider the application in accordance with the | 6 | | applicable Supreme Court Rule. an indigent person to pay all or | 7 | | a portion of the
fees, costs, or charges waived pursuant to | 8 | | this Section out of moneys recovered
by the indigent person | 9 | | pursuant to a judgment or settlement resulting from the
civil | 10 | | action. However, nothing in this Section shall be construed to | 11 | | limit the
authority of a court to order another party to the | 12 | | action to pay the fees,
costs, or charges of the action.
| 13 | | (f-5) If, before or at the time of final disposition of the | 14 | | case, the court obtains information, including information | 15 | | from the court file, suggesting that a person whose fees, | 16 | | costs, and charges were initially waived was not entitled to a | 17 | | full or partial waiver at the time of application, the court | 18 | | may require the person to appear at a court hearing by giving | 19 | | the applicant no less than 10 days' written notice of the | 20 | | hearing and the specific reasons why the initial waiver might | 21 | | be reconsidered. The court may require the applicant to provide | 22 | | reasonably available evidence, including financial | 23 | | information, to support his or her eligibility for the waiver, | 24 | | but the court shall not require submission of information that | 25 | | is unrelated to the criteria for eligibility and application | 26 | | requirements set forth in subdivisions (b)(1) or (b)(2) of this |
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| 1 | | Section. If the court finds that the person was not initially | 2 | | entitled to any waiver, the person shall pay all fees, costs, | 3 | | and charges relating to the civil action, including any | 4 | | previously-waived fees, costs, and charges. The order may state | 5 | | terms of payment in accordance with subsection (e). The court | 6 | | shall not conduct a hearing under this subsection more often | 7 | | than once every 6 months. | 8 | | (f-10) If, before or at the time of final disposition of | 9 | | the case, the court obtains information, including information | 10 | | from the court file, suggesting that a person who received a | 11 | | full or partial waiver has experienced a change in financial | 12 | | condition so that he or she is no longer eligible for that | 13 | | waiver, the court may require the person to appear at a court | 14 | | hearing by giving the applicant no less than 10 days' written | 15 | | notice of the hearing and the specific reasons why the waiver | 16 | | might be reconsidered. The court may require the person to | 17 | | provide reasonably available evidence, including financial | 18 | | information, to support his or her continued eligibility for | 19 | | the waiver, but shall not require submission of information | 20 | | that is unrelated to the criteria for eligibility and | 21 | | application requirements set forth in subsections (b)(1) and | 22 | | (b)(2) of this Section. If the court enters an order finding | 23 | | that the person is no longer entitled to a waiver, or is | 24 | | entitled to a partial waiver different than that which the | 25 | | person had previously received, the person shall pay the | 26 | | requisite fees, costs, and charges from the date of the order |
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| 1 | | going forward. The order may state terms of payment in | 2 | | accordance with subsection (e) of this Section. The court shall | 3 | | not conduct a hearing under this subsection more often than | 4 | | once every 6 months. | 5 | | (g) A court, in its discretion, may appoint counsel to | 6 | | represent an indigent
person, and that counsel shall perform | 7 | | his or her duties without fees, charges,
or reward.
| 8 | | (h) Nothing in this Section shall be construed to affect | 9 | | the right of a
party to sue or defend an action in forma | 10 | | pauperis without the payment of fees,
costs, and or charges, or | 11 | | the right of a party to court-appointed counsel, as
authorized | 12 | | by any other provision of law or by the rules of the Illinois
| 13 | | Supreme Court. Nothing in this Section shall be construed to | 14 | | limit the authority of a court to order another party to the | 15 | | action to pay the fees, costs, and charges of the action.
| 16 | | (h-5) If a party is represented by a civil legal services | 17 | | provider or an attorney in a court-sponsored pro bono program | 18 | | as defined in Section 5-105.5 of this Code, the attorney | 19 | | representing that party shall file a certification with the | 20 | | court in accordance with Supreme Court Rule 298 and that party | 21 | | shall be allowed to sue or defend without payment of fees, | 22 | | costs, and charges without filing an application under this | 23 | | Section. | 24 | | (h-10) If an attorney files an appearance on behalf of a | 25 | | person whose fees, costs, and charges were initially waived | 26 | | under this Section, the attorney must pay all fees, costs, and |
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| 1 | | charges relating to the civil action, including any previously | 2 | | waived fees, costs, and charges, unless the attorney is either | 3 | | a civil legal services provider, representing his or her client | 4 | | as part of a court-sponsored pro bono program as defined in | 5 | | Section 5-105.1 of this Code, or appearing under a limited | 6 | | scope appearance in accordance with Supreme Court Rule | 7 | | 13(c)(6). | 8 | | (i) The provisions of this Section are severable under | 9 | | Section 1.31 of the
Statute on Statutes.
| 10 | | (Source: P.A. 97-689, eff. 6-14-12; 97-813, eff. 7-13-12.)"; | 11 | | and
| 12 | | by deleting line 22 on page 298 through line 1 on page 299; and | 13 | | on page 299, line 11, after "3-4012,", by inserting "4-2002, | 14 | | 4-2002.1,"; and | 15 | | on page 300, by inserting immediately below line 10 the | 16 | | following: | 17 | | "(720 ILCS 550/10.3 rep.) | 18 | | Section 3-72. The Cannabis Control Act is amended by | 19 | | repealing Section 10.3."; and | 20 | | on page 301, by inserting immediately below line 5 the | 21 | | following: |
| | | 10000HB2591ham002 | - 41 - | LRB100 06972 MRW 25276 a |
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| 1 | | "Article IX. Effective Date".
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