Full Text of SB0583 102nd General Assembly
SB0583 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB0583 Introduced 2/24/2021, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: |
| 5 ILCS 140/2 | from Ch. 116, par. 202 | 5 ILCS 140/2.5 | | 705 ILCS 105/16 | from Ch. 25, par. 16 | 705 ILCS 105/27.2b | | 705 ILCS 105/27.3b | from Ch. 25, par. 27.3b | 705 ILCS 135/5-20 | |
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Amends the Freedom of Information Act. Provides that "public body" includes the Clerk of the Circuit Court of Cook County. Provides that all records relating to the obligation, receipt, and use of public funds of the Clerk of the Circuit Court of Cook County are public records subject to inspection and copying by the public. Amends the Clerks of Courts Act. Provides that records kept by the clerks of the circuit courts are subject to the Freedom of Information Act. Provides that specified unpaid assessments under the Criminal and Traffic Assessment Act shall not be included in an agreement between the clerk of the circuit court and the Department of Revenue to establish a program for the purposes of collecting certain balances owed. Provides that the clerk of the court shall (rather than may) accept credit card payments over the Internet for fines, penalties, court costs, or costs from offenders on voluntary electronic pleas of guilty in minor traffic and conservation offenses to satisfy the requirement of written pleas of guilty. Amends the Criminal and Traffic Assessment Act. Provides that one hour of public or community service shall be equivalent to $10 (rather than $4) of assessment.
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Sections 2 and 2.5 as follows:
| 6 | | (5 ILCS 140/2) (from Ch. 116, par. 202)
| 7 | | Sec. 2. Definitions. As used in this Act:
| 8 | | (a) "Public body" means all legislative,
executive, | 9 | | administrative, or advisory bodies of the State, state | 10 | | universities
and colleges, counties, townships, cities, | 11 | | villages, incorporated towns,
school districts and all other | 12 | | municipal corporations,
boards, bureaus, committees, or | 13 | | commissions of this State, any
subsidiary
bodies of any of the | 14 | | foregoing including but not limited to committees and
| 15 | | subcommittees thereof, and a School Finance Authority created | 16 | | under
Article 1E of the School Code , and the Clerk of the | 17 | | Circuit Court of Cook County .
"Public body" does not include a | 18 | | child death review team
or the Illinois Child Death Review | 19 | | Teams
Executive Council
established under
the Child Death | 20 | | Review Team Act, or a regional youth advisory board or the | 21 | | Statewide Youth Advisory Board established under the | 22 | | Department of Children and Family Services Statewide Youth | 23 | | Advisory Board Act.
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| 1 | | (b) "Person" means any individual, corporation, | 2 | | partnership, firm,
organization
or association, acting | 3 | | individually or as a group.
| 4 | | (c) "Public records" means all records, reports, forms, | 5 | | writings, letters,
memoranda, books, papers, maps, | 6 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 7 | | data processing records, electronic communications, recorded | 8 | | information and all other
documentary
materials pertaining to | 9 | | the transaction of public business, regardless of physical | 10 | | form or characteristics, having been
prepared by or for, or | 11 | | having been or being used by, received by, in the possession | 12 | | of, or under the
control
of
any public body. | 13 | | (c-5) "Private information" means unique identifiers, | 14 | | including a person's social security number, driver's license | 15 | | number, employee identification number, biometric identifiers, | 16 | | personal financial information, passwords or other access | 17 | | codes, medical records, home or personal telephone numbers, | 18 | | and personal email addresses. Private information also | 19 | | includes home address and personal license plates, except as | 20 | | otherwise provided by law or when compiled without possibility | 21 | | of attribution to any person. | 22 | | (c-10) "Commercial purpose" means the use of any part of a | 23 | | public record or records, or information derived from public | 24 | | records, in any form for sale, resale, or solicitation or | 25 | | advertisement for sales or services. For purposes of this | 26 | | definition, requests made by news media and non-profit, |
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| 1 | | scientific, or academic organizations shall not be considered | 2 | | to be made for a "commercial purpose" when the principal | 3 | | purpose of the request is (i) to access and disseminate | 4 | | information concerning news and current or passing events, | 5 | | (ii) for articles of opinion or features of interest to the | 6 | | public, or (iii) for the purpose of academic, scientific, or | 7 | | public research or education.
| 8 | | (d) "Copying" means the reproduction of any public record | 9 | | by means of any
photographic, electronic, mechanical or other | 10 | | process, device or means now known or hereafter developed and | 11 | | available to the public body.
| 12 | | (e) "Head of the public body" means the president, mayor, | 13 | | chairman,
presiding
officer, director, superintendent, | 14 | | manager, supervisor or individual otherwise
holding primary | 15 | | executive and administrative authority for the public
body, or | 16 | | such person's duly authorized designee.
| 17 | | (f) "News media" means a newspaper or other periodical | 18 | | issued at regular
intervals whether in print or electronic | 19 | | format, a news service whether
in print or electronic format, | 20 | | a radio
station, a television station, a television network, a | 21 | | community
antenna television service, or a person or | 22 | | corporation engaged in making news
reels or other motion | 23 | | picture news for public showing.
| 24 | | (g) "Recurrent requester", as used in Section 3.2 of this | 25 | | Act, means a person that, in the 12 months immediately | 26 | | preceding the request, has submitted to the same public body |
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| 1 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | 2 | | requests for records within a 30-day period, or (iii) a | 3 | | minimum of 7 requests for records within a 7-day period. For | 4 | | purposes of this definition, requests made by news media and | 5 | | non-profit, scientific, or academic organizations shall not be | 6 | | considered in calculating the number of requests made in the | 7 | | time periods in this definition when the principal purpose of | 8 | | the requests is (i) to access and disseminate information | 9 | | concerning news and current or passing events, (ii) for | 10 | | articles of opinion or features of interest to the public, or | 11 | | (iii) for the purpose of academic, scientific, or public | 12 | | research or education. | 13 | | For the purposes of this subsection (g), "request" means a | 14 | | written document (or oral request, if the public body chooses | 15 | | to honor oral requests) that is submitted to a public body via | 16 | | personal delivery, mail, telefax, electronic mail, or other | 17 | | means available to the public body and that identifies the | 18 | | particular public record the requester seeks. One request may | 19 | | identify multiple records to be inspected or copied. | 20 | | (h) "Voluminous request" means a request that: (i) | 21 | | includes more than 5 individual requests for more than 5 | 22 | | different categories of records or a combination of individual | 23 | | requests that total requests for more than 5 different | 24 | | categories of records in a period of 20 business days; or (ii) | 25 | | requires the compilation of more than 500 letter or | 26 | | legal-sized pages of public records unless a single requested |
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| 1 | | record exceeds 500 pages. "Single requested record" may | 2 | | include, but is not limited to, one report, form, e-mail, | 3 | | letter, memorandum, book, map, microfilm, tape, or recording. | 4 | | "Voluminous request" does not include a request made by | 5 | | news media and non-profit, scientific, or academic | 6 | | organizations if the principal purpose of the request is: (1) | 7 | | to access and disseminate information concerning news and | 8 | | current or passing events; (2) for articles of opinion or | 9 | | features of interest to the public; or (3) for the purpose of | 10 | | academic, scientific, or public research or education. | 11 | | For the purposes of this subsection (h), "request" means a | 12 | | written document, or oral request, if the public body chooses | 13 | | to honor oral requests, that is submitted to a public body via | 14 | | personal delivery, mail, telefax, electronic mail, or other | 15 | | means available to the public body and that identifies the | 16 | | particular public record or records the requester seeks. One | 17 | | request may identify multiple individual records to be | 18 | | inspected or copied. | 19 | | (i) "Severance agreement" means a mutual agreement between | 20 | | any public body and its employee for the employee's | 21 | | resignation in exchange for payment by the public body. | 22 | | (Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14; | 23 | | 99-78, eff. 7-20-15; 99-478, eff. 6-1-16 .)
| 24 | | (5 ILCS 140/2.5)
| 25 | | Sec. 2.5. Records of funds. All records relating to the |
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| 1 | | obligation, receipt, and use of public funds of the State, | 2 | | units of local government, the Clerk of the Circuit Court of | 3 | | Cook County, and school districts are public records subject | 4 | | to inspection and copying by the public.
| 5 | | (Source: P.A. 96-542, eff. 1-1-10.) | 6 | | Section 10. The Clerks of Courts Act is amended by | 7 | | changing Sections 16, 27.2b, and 27.3b as follows:
| 8 | | (705 ILCS 105/16) (from Ch. 25, par. 16)
| 9 | | Sec. 16.
Records kept by the clerks of the circuit courts | 10 | | are
subject to the provisions of "The Local Records Act", | 11 | | approved
August 18, 1961, as amended , and the Freedom of | 12 | | Information Act .
| 13 | | Unless otherwise provided by rule or administrative order | 14 | | of the Supreme
Court, the respective clerks of the circuit | 15 | | courts shall keep in their
offices the following books:
| 16 | | 1. A general docket, upon which shall be entered all | 17 | | suits, in the
order in which they are commenced.
| 18 | | 2. Two well-bound books, to be denominated "Plaintiff's | 19 | | Index to
Court Records," and "Defendant's Index to Court | 20 | | Records" to be ruled and
printed substantially in the | 21 | | following manner:
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22 | | ........ |
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23 | | Plaintiffs |
Defendants |
Kind of |
Date |
Record |
Pages |
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24 | | |
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Action |
Commenced |
Book |
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| 1 | | ........ |
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2 | | ........
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3 | | ........ |
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4 | | Date of |
Judgment |
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5 | | |
judgment |
docket |
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6 | | ........ |
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7 | | |
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Book Page |
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8 | | ........ |
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9 | | | | | Certificate | Satisfied | |
10 | | | Certificate | Certificate | of | or not | Number |
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11 | | |
of levy |
of sale |
redemption |
satisfied of case |
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12 | | ........ | |
13 | | Fee Book | Book Page | Book Page | Book Page | | |
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14 | | ........ |
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15 | | All cases shall be entered in such books, in alphabetical | 16 | | order, by the
name of each plaintiff and defendant. The books | 17 | | shall set forth the names
of the parties, kind of action, date | 18 | | commenced, the record books and pages
on which the cases are | 19 | | recorded, the date of judgment, books and pages of
the | 20 | | judgment dockets, fee book, certificates of levy, sale and | 21 | | redemption
records on which they are entered satisfied or not | 22 | | satisfied, and number of
case. The defendant's index shall be | 23 | | ruled and printed in the same manner
as the plaintiff's except | 24 | | the parties shall be reversed.
| 25 | | 3. Proper books of record, with indices, showing the names
| 26 | | of all parties to any action or judgment therein recorded,
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| 1 | | with a reference to the page where it is recorded.
| 2 | | 4. A judgment docket, in which all final
judgments (except | 3 | | child support orders as hereinafter provided) shall
be minuted | 4 | | at the time they are entered, or within 60 days
thereafter in | 5 | | alphabetical order, by the name of every person against whom
| 6 | | the judgment is entered, showing, in the proper columns ruled | 7 | | for
that purpose, the names of the parties, the date, nature of | 8 | | the judgment,
amount of the judgment and costs in separate | 9 | | items,
for which it is issued, to whom issued, when returned, | 10 | | and the manner of
its enforcement; a blank column shall be kept | 11 | | in which
may be entered a note of the satisfaction or other | 12 | | disposition of the judgment
or order and when satisfied by | 13 | | enforcement or otherwise, or set aside or
enjoined; the clerk | 14 | | shall enter a minute thereof in such column, showing
how | 15 | | disposed of, the date and the book and page, where the evidence | 16 | | thereof
is to be found. In the case of child support orders or | 17 | | modifications of
such orders entered on or after May 1, 1987, | 18 | | the clerk shall minute such
orders or modifications in the | 19 | | manner and form provided herein but shall
not minute every | 20 | | child support installment when due or every child support
| 21 | | payment when made. Such dockets may be searched by persons, at | 22 | | all reasonable
times without fee.
| 23 | | 5. A fee book, in which shall be distinctly set down, in
| 24 | | items, the proper title of the cause and heads, the cost of | 25 | | each action,
including clerk's, sheriff's and witness' fees, | 26 | | stating the name
of each witness having claimed attendance in |
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| 1 | | respect of the trial
or hearing of such action with the number | 2 | | of days attended. It shall
not be necessary to insert the cost | 3 | | in the judgment; but whenever an action is
determined and | 4 | | final judgment entered, the costs of each party litigant
shall | 5 | | be made up and entered in such fee book, which shall be | 6 | | considered a
part of the record and judgment, subject, | 7 | | however, at all times to be
corrected by the court; and the | 8 | | prevailing party shall be considered as
having recovered | 9 | | judgment for the amount of the costs so taxed in his or
her | 10 | | favor, and the same shall be included in the certified copy of | 11 | | such
judgment, and a bill thereof accompanying certified copy | 12 | | of the judgment.
If any clerk shall issue a fee bill or a bill | 13 | | of costs,
with the certified copy of the judgment without
| 14 | | first entering the same in the fee book, or if any such bill
of | 15 | | costs or fee bill shall be issued which shall not be in | 16 | | substance a copy
of the recorded bill, the same shall be void. | 17 | | Any person having paid such
bill of costs or fee bill, may | 18 | | recover from the clerk the amount thereof,
with costs of the | 19 | | action, in any circuit court.
| 20 | | 6. Such other books of record and entry as are provided by | 21 | | law, or
may be required in the proper performance of their | 22 | | duties. All records,
dockets and books required by law to be | 23 | | kept by such clerks shall be deemed
public records, and shall | 24 | | at all times be open to inspection without fee or
reward, and | 25 | | all persons shall have free access for inspection and
| 26 | | examination to such records, docket and books, and also to all |
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| 1 | | papers on
file in the different clerks' offices and shall have | 2 | | the right to take
memoranda and abstracts thereto.
| 3 | | (Source: P.A. 85-1156 .)
| 4 | | (705 ILCS 105/27.2b) | 5 | | Sec. 27.2b. State income tax refund
intercept. The Clerk | 6 | | of the Circuit Court may enter
into an agreement with the | 7 | | Illinois Department of Revenue to establish
a pilot program | 8 | | for the purpose of collecting certain balances owed. The
| 9 | | purpose shall be to intercept, in whole or in part, State
| 10 | | income tax refunds due the persons who
owe past due fees to the | 11 | | Clerk of the Circuit Court in order to satisfy unpaid | 12 | | assessments under the Criminal and Traffic Assessment Act and | 13 | | fines as ordered by the court . The agreement may not be | 14 | | implemented to collect the following unpaid assessments under | 15 | | the Criminal and Traffic Assessment Act: (i) Schedule 5 under | 16 | | Section 15-25; (ii) Schedule 6 under Section 15-30; (iii) | 17 | | Schedule 10 under Section 15-50; (iv) Schedule 11 under | 18 | | Section 15-55; (v) Schedule 12 under Section 15-60; and (vi) | 19 | | Schedule 13 under Section 15-65 . | 20 | | The agreement shall include, but may not be limited to, a | 21 | | certification by the Clerk of the Circuit Court that the debt | 22 | | claims forwarded to the Department of Revenue are valid and | 23 | | that reasonable efforts have been made to notify persons of | 24 | | the delinquency of the debt. The agreement shall include | 25 | | provisions for payment of the intercept by the Department of |
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| 1 | | Revenue to the Clerk of the Circuit Court and procedures for an | 2 | | appeal/protest by the debtor when an intercept occurs. The | 3 | | agreement may also include provisions to allow the Department | 4 | | of Revenue to recover its cost for administering the program. | 5 | | Intercepts made pursuant to this Section shall not | 6 | | interfere with the collection of debts related to child | 7 | | support. During the collection of debts under this Section, | 8 | | when there are 2 or more debt claims certified to the | 9 | | Department at the same time, priority of collection shall be | 10 | | as provided in Section 911.3 of the Illinois Income Tax Act.
| 11 | | (Source: P.A. 100-987, eff. 7-1-19 .)
| 12 | | (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
| 13 | | Sec. 27.3b. The clerk of court may accept payment of | 14 | | fines, penalties,
or costs
by credit card
or debit card
| 15 | | approved by the clerk from an offender who has been
convicted | 16 | | of or placed on court supervision for a traffic
offense, petty | 17 | | offense, ordinance offense, or misdemeanor or who has been
| 18 | | convicted of a felony offense. The clerk of the circuit court | 19 | | shall may accept
credit card payments over the Internet for | 20 | | fines, penalties, court costs, or costs from
offenders on | 21 | | voluntary electronic pleas of guilty in minor traffic and
| 22 | | conservation offenses to satisfy the requirement of written | 23 | | pleas of guilty as
provided in Illinois Supreme Court Rule | 24 | | 529. The clerk of the court may also
accept
payment of | 25 | | statutory fees by a credit card or debit card.
The clerk of the |
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| 1 | | court may
also accept the credit card
or debit card
for the | 2 | | cash deposit of bail bond fees.
| 3 | | The Clerk of the circuit court is authorized to enter into | 4 | | contracts
with credit card
or debit card
companies approved by | 5 | | the clerk and to negotiate the payment of convenience
and | 6 | | administrative fees normally charged by those companies for | 7 | | allowing the clerk of the circuit
court to accept their credit | 8 | | cards
or debit cards
in payment as authorized herein. The | 9 | | clerk of the circuit court is authorized
to enter into | 10 | | contracts with third party fund guarantors, facilitators, and
| 11 | | service providers under which those entities may contract | 12 | | directly with
customers of
the clerk of the circuit court and | 13 | | guarantee and remit the payments to the
clerk of the circuit | 14 | | court. Where the
offender pays fines, penalties, or costs by | 15 | | credit card or debit card or through a third party fund | 16 | | guarantor, facilitator, or service
provider,
or anyone paying
| 17 | | statutory fees of
the circuit court clerk or the posting of | 18 | | cash bail, the clerk shall
collect a service fee of up to $5 or | 19 | | the amount charged to the clerk for use of
its services by
the | 20 | | credit card or debit card issuer, third party fund guarantor,
| 21 | | facilitator, or service provider. This service fee shall be
in | 22 | | addition to any other fines, penalties, or
costs. The clerk of | 23 | | the circuit court is authorized to negotiate the
assessment of | 24 | | convenience and administrative fees by the third party fund
| 25 | | guarantors, facilitators, and service providers with the | 26 | | revenue earned by the
clerk of the circuit court to be remitted
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| 1 | | to the
county general revenue fund.
| 2 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 3 | | Section 15. The Criminal and Traffic Assessment Act is | 4 | | amended by changing Section 5-20 as follows: | 5 | | (705 ILCS 135/5-20)
| 6 | | (Section scheduled to be repealed on January 1, 2022) | 7 | | Sec. 5-20. Credit; time served; community service.
| 8 | | (a) Any credit for time served prior to sentencing that | 9 | | reduces the amount a defendant is required to pay shall be | 10 | | deducted from the fine, if any, ordered by the court. | 11 | | (b) Excluding any ordered conditional assessment, a | 12 | | defendant who has been ordered to pay an assessment may | 13 | | petition
the court to convert all or part of the assessment | 14 | | into court-approved
public or community service. One hour of | 15 | | public or community service shall
be equivalent to $10 $4 of | 16 | | assessment. The performance of this public or
community | 17 | | service shall be a condition of probation, conditional
| 18 | | discharge, or supervision and shall be in addition to the | 19 | | performance of any
other period of public or community service | 20 | | ordered by the court or required
by law.
| 21 | | (Source: P.A. 100-987, eff. 7-1-19; 101-408, eff. 1-1-20 .)
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