Illinois General Assembly - Full Text of SB0626
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Full Text of SB0626  102nd General Assembly




SB0626 EngrossedLRB102 14033 LNS 19385 b

1    AN ACT concerning courts.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal and Traffic Assessment Act is
5amended by changing Section 5-20 as follows:
6    (705 ILCS 135/5-20)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 5-20. Credit; time served; community service.
9    (a) Any credit for time served prior to sentencing that
10reduces the amount a defendant is required to pay shall be
11deducted from the fine, if any, ordered by the court.
12    (b) Excluding any ordered conditional assessment, a
13defendant who has been ordered to pay an assessment may
14petition the court to convert all or part of the assessment
15into court-approved public or community service. The period of
16public service necessary to satisfy the assessment shall be
17set by the court, but in no event shall the hourly rate of the
18public or community service performed by the defendant be
19equivalent to less than the minimum wage of this State. The
20court may adjust the hourly rate of public or community
21service in accordance with this amendatory Act of the 102nd
22General Assembly for any mandatory assessments imposed between
23July 1, 2019 and the effective date of this amendatory Act of



SB0626 Engrossed- 2 -LRB102 14033 LNS 19385 b

1the 102nd General Assembly. One hour of public or community
2service shall be equivalent to $4 of assessment. The
3performance of this public or community service may shall be a
4condition of probation, conditional discharge, or supervision
5and shall be in addition to the performance of any other period
6of public or community service ordered by the court or
7required by law.
8(Source: P.A. 100-987, eff. 7-1-19; 101-408, eff. 1-1-20.)
9    Section 10. The Code of Criminal Procedure of 1963 is
10amended by changing Section 124A-20 as follows:
11    (725 ILCS 5/124A-20)
12    Sec. 124A-20. Assessment waiver.
13    (a) As used in this Section:
14    "Assessments" means any costs imposed on a criminal
15defendant under Article 15 of the Criminal and Traffic
16Assessment Act, but does not include violation of the Illinois
17Vehicle Code assessments.
18    "Indigent person" means any person who meets one or more
19of the following criteria:
20        (1) He or she is receiving assistance under one or
21    more of the following means-based governmental public
22    benefits programs: Supplemental Security Income; Aid to
23    the Aged, Blind and Disabled; Temporary Assistance for
24    Needy Families; Supplemental Nutrition Assistance Program;



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1    General Assistance; Transitional Assistance; or State
2    Children and Family Assistance.
3        (2) His or her available personal income is 200% or
4    less of the current poverty level, unless the applicant's
5    assets that are not exempt under Part 9 or 10 of Article
6    XII of the Code of Civil Procedure are of a nature and
7    value that the court determines that the applicant is able
8    to pay the assessments.
9        (3) He or she is, in the discretion of the court,
10    unable to proceed in an action with payment of assessments
11    and whose payment of those assessments would result in
12    substantial hardship to the person or his or her family.
13    "Poverty level" means the current poverty level as
14established by the United States Department of Health and
15Human Services.
16    (b) Upon the application of any defendant, after the
17commencement of an action, but no later than 30 days after
19        (1) If the court finds that the applicant is an
20    indigent person, the court shall grant the applicant a
21    full assessment waiver exempting him or her from the
22    payment of any assessments.
23        (2) The court shall grant the applicant a partial
24    assessment as follows:
25            (A) 75% of all assessments shall be waived if the
26        applicant's available income is greater than 200% but



SB0626 Engrossed- 4 -LRB102 14033 LNS 19385 b

1        no more than 250% of the poverty level, unless the
2        applicant's assets that are not exempt under Part 9 or
3        10 of Article XII of the Code of Civil Procedure are
4        such that the applicant is able, without undue
5        hardship, to pay the total assessments.
6            (B) 50% of all assessments shall be waived if the
7        applicant's available income is greater than 250% but
8        no more than 300% of the poverty level, unless the
9        applicant's assets that are not exempt under Part 9 or
10        10 of Article XII of the Code of Civil Procedure are
11        such that the court determines that the applicant is
12        able, without undue hardship, to pay a greater portion
13        of the assessments.
14            (C) 25% of all assessments shall be waived if the
15        applicant's available income is greater than 300% but
16        no more than 400% of the poverty level, unless the
17        applicant's assets that are not exempt under Part 9 or
18        10 of Article XII of the Code of Civil Procedure are
19        such that the court determines that the applicant is
20        able, without undue hardship, to pay a greater portion
21        of the assessments.
22    (c) An application for a waiver of assessments shall be in
23writing, signed by the defendant or, if the defendant is a
24minor, by another person having knowledge of the facts, and
25filed no later than 30 days after sentencing. The contents of
26the application for a waiver of assessments, and the procedure



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1for deciding the applications, shall be established by Supreme
2Court Rule. Factors to consider in evaluating an application
3shall 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    (AABD ADBD); Temporary Assistance for Needy Families
8    (TANF); Supplemental Nutrition Assistance Program (SNAP or
9    "food stamps"); General Assistance; Transitional
10    Assistance; or 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
26    family.



SB0626 Engrossed- 6 -LRB102 14033 LNS 19385 b

1    (d) The clerk of court shall provide the application for a
2waiver of assessments to any defendant who indicates an
3inability to pay the assessments. The clerk of the court shall
4post in a conspicuous place in the courthouse a notice, no
5smaller than 8.5 x 11 inches and using no smaller than 30-point
6typeface printed in English and in Spanish, advising criminal
7defendants they may ask the court for a waiver of any court
8ordered assessments. The notice shall be substantially as
10        "If you are unable to pay the required assessments,
11    you may ask the court to waive payment of them. Ask the
12    clerk of the court for forms."
13    (e) For good cause shown, the court may allow an applicant
14whose application is denied or who receives a partial
15assessment waiver to defer payment of the assessments, make
16installment payments, or make payment upon reasonable terms
17and conditions stated in the order.
18    (f) Nothing in this Section shall be construed to affect
19the right of a party to court-appointed counsel, as authorized
20by any other provision of law or by the rules of the Illinois
21Supreme Court.
22    (g) The provisions of this Section are severable under
23Section 1.31 of the Statute on Statutes.
24(Source: P.A. 100-987, eff. 7-1-19; revised 8-28-20.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.