Illinois General Assembly - Full Text of SB0481
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Full Text of SB0481  102nd General Assembly

SB0481sam001 102ND GENERAL ASSEMBLY

Sen. Scott M. Bennett

Filed: 3/17/2021

 

 


 

 


 
10200SB0481sam001LRB102 11459 LNS 23359 a

1
AMENDMENT TO SENATE BILL 481

2    AMENDMENT NO. ______. Amend Senate Bill 481 on page 94,
3line 9, by replacing "2026" with "2024"; and
 
4on page 94, by replacing line 14 with the following:
 
5"amended by changing Sections 10-5, 15-70, and 20-5 as
6follows:
 
7    (705 ILCS 135/10-5)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 10-5. Funds.
10    (a) All money collected by the Clerk of the Circuit Court
11under Article 15 of this Act shall be remitted as directed in
12Article 15 of this Act to the county treasurer, to the State
13Treasurer, and to the treasurers of the units of local
14government. If an amount payable to any of the treasurers is
15less than $10, the clerk may postpone remitting the money

 

 

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1until $10 has accrued or by the end of fiscal year. The
2treasurers shall deposit the money as indicated in the
3schedules, except, in a county with a population of over
43,000,000, money remitted to the county treasurer shall be
5subject to appropriation by the county board. Any amount
6retained by the Clerk of the Circuit Court in a county with a
7population of over 3,000,000 shall be subject to appropriation
8by the county board.
9    (b) The county treasurer or the treasurer of the unit of
10local government shall may create the funds indicated in
11paragraphs (1) through (5), (9), and (16) of subsection (d) of
12this Section, if not already in existence. If a county or unit
13of local government has not instituted, and does not plan to
14institute a program that uses a particular fund, the treasurer
15need not create the fund and may instead deposit the money
16intended for the fund into the general fund of the county or
17unit of local government for use in financing the court
18system.
19    (c) If the arresting agency is a State agency, the
20arresting agency portion shall be remitted by the clerk of
21court to the State Treasurer who shall deposit the portion as
22follows:
23        (1) if the arresting agency is the Department of State
24    Police, into the State Police Law Enforcement
25    Administration Fund;
26        (2) if the arresting agency is the Department of

 

 

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

 

 

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1    by the clerk to the county treasurer and identified as
2    funds for the circuit court clerk. The fund shall be
3    audited by the county auditor, and the board shall make
4    expenditure from the fund in payment of any cost related
5    to the storage of court records, including hardware,
6    software, research and development costs, and personnel
7    costs related to the foregoing, provided that the
8    expenditure is approved by the clerk of the court.
9        (3) The Circuit Clerk Operations and Administration
10    Fund may be used to defray the expenses incurred for
11    collection and disbursement of the various assessment
12    schedules. The money shall be remitted monthly by the
13    clerk to the county treasurer and identified as funds for
14    the circuit court clerk.
15        (4) The State's Attorney Records Automation Fund is to
16    defray the expense of establishing and maintaining
17    automated record keeping systems in the offices of the
18    State's Attorney. The money shall be remitted monthly by
19    the clerk to the county treasurer for deposit into the
20    State's Attorney Records Automation Fund. Expenditures
21    from this fund may be made by the State's Attorney for
22    hardware, software, and research and development related
23    to automated record keeping systems.
24        (5) The Public Defender Records Automation Fund is to
25    defray the expense of establishing and maintaining
26    automated record keeping systems in the offices of the

 

 

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1    Public Defender. The money shall be remitted monthly by
2    the clerk to the county treasurer for deposit into the
3    Public Defender Records Automation Fund. Expenditures from
4    this fund may be made by the Public Defender for hardware,
5    software, and research and development related to
6    automated record keeping systems.
7        (6) The DUI Fund shall be used for enforcement and
8    prevention of driving while under the influence of
9    alcohol, other drug or drugs, intoxicating compound or
10    compounds or any combination thereof, as defined by
11    Section 11-501 of the Illinois Vehicle Code, including,
12    but not limited to, the purchase of law enforcement
13    equipment and commodities that will assist in the
14    prevention of alcohol-related criminal violence throughout
15    the State; police officer training and education in areas
16    related to alcohol-related crime, including, but not
17    limited to, DUI training; and police officer salaries,
18    including, but not limited to, salaries for hire-back
19    funding for safety checkpoints, saturation patrols, and
20    liquor store sting operations. Any moneys shall be used to
21    purchase law enforcement equipment that will assist in the
22    prevention of alcohol-related criminal violence throughout
23    the State. The money shall be remitted monthly by the
24    clerk to the State or local treasurer for deposit as
25    provided by law.
26        (7) The Trauma Center Fund shall be distributed as

 

 

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1    provided under Section 3.225 of the Emergency Medical
2    Services (EMS) Systems Act.
3        (8) The Probation and Court Services Fund is to be
4    expended as described in Section 15.1 of the Probation and
5    Probation Officers Act.
6        (9) The Circuit Court Clerk Electronic Citation Fund
7    shall have the Circuit Court Clerk as the custodian, ex
8    officio, of the Fund and shall be used to perform the
9    duties required by the office for establishing and
10    maintaining electronic citations. The Fund shall be
11    audited by the county's auditor.
12        (10) The Drug Treatment Fund is a special fund in the
13    State treasury. Moneys in the Fund shall be expended as
14    provided in Section 411.2 of the Illinois Controlled
15    Substances Act.
16        (11) The Violent Crime Victims Assistance Fund is a
17    special fund in the State treasury to provide moneys for
18    the grants to be awarded under the Violent Crime Victims
19    Assistance Act.
20        (12) The Criminal Justice Information Projects Fund
21    shall be appropriated to and administered by the Illinois
22    Criminal Justice Information Authority for distribution to
23    fund Department of State Police drug task forces and
24    Metropolitan Enforcement Groups, for the costs associated
25    with making grants from the Prescription Pill and Drug
26    Disposal Fund, for undertaking criminal justice

 

 

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1    information projects, and for the operating and other
2    expenses of the Authority incidental to those criminal
3    justice information projects. The moneys deposited into
4    the Criminal Justice Information Projects Fund under
5    Sections 15-15 and 15-35 of this Act shall be appropriated
6    to and administered by the Illinois Criminal Justice
7    Information Authority for distribution to fund Department
8    of State Police drug task forces and Metropolitan
9    Enforcement Groups by dividing the funds equally by the
10    total number of Department of State Police drug task
11    forces and Illinois Metropolitan Enforcement Groups.
12        (13) The Sexual Assault Services Fund shall be
13    appropriated to the Department of Public Health. Upon
14    appropriation of moneys from the Sexual Assault Services
15    Fund, the Department of Public Health shall make grants of
16    these moneys to sexual assault organizations with whom the
17    Department has contracts for the purpose of providing
18    community-based services to victims of sexual assault.
19    Grants are in addition to, and are not substitutes for,
20    other grants authorized and made by the Department.
21        (14) The County Jail Medical Costs Fund is to help
22    defray the costs outlined in Section 17 of the County Jail
23    Act. Moneys in the Fund shall be used solely for
24    reimbursement to the county of costs for medical expenses
25    and administration of the Fund.
26        (15) The Prisoner Review Board Vehicle and Equipment

 

 

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1    Fund is a special fund in the State treasury. The Prisoner
2    Review Board shall, subject to appropriation by the
3    General Assembly and approval by the Secretary, use all
4    moneys in the Prisoner Review Board Vehicle and Equipment
5    Fund for the purchase and operation of vehicles and
6    equipment.
7        (16) In each county in which a Children's Advocacy
8    Center provides services, a Child Advocacy Center Fund is
9    specifically for the operation and administration of the
10    Children's Advocacy Center, from which the county board
11    shall make grants to support the activities and services
12    of the Children's Advocacy Center within that county.
13(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
14101-636, eff. 6-10-20.)"; and
 
15on page 105, line 1, by replacing "2026" with "2024".