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

SB0626ham001 102ND GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 5/11/2021

 

 


 

 


 
10200SB0626ham001LRB102 14033 LNS 26391 a

1
AMENDMENT TO SENATE BILL 626

2    AMENDMENT NO. ______. Amend Senate Bill 626 by replacing
3everything after the enacting clause with the following:
 
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7    (Section scheduled to be repealed on January 1, 2022)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

 

 

10200SB0626ham001- 2 -LRB102 14033 LNS 26391 a

1set by the court, but in no event shall the hourly rate of the
2public or community service performed by the defendant be
3equivalent to less than the minimum wage of this State. The
4court may adjust the hourly rate of public or community
5service in accordance with this amendatory Act of the 102nd
6General Assembly for any mandatory assessments imposed between
7July 1, 2019 and the effective date of this amendatory Act of
8the 102nd General Assembly. One hour of public or community
9service shall be equivalent to $4 of assessment. The
10performance of this public or community service may shall be a
11condition of probation, conditional discharge, or supervision
12and shall be in addition to the performance of any other period
13of public or community service ordered by the court or
14required by law.
15(Source: P.A. 100-987, eff. 7-1-19; 101-408, eff. 1-1-20.)
 
16    Section 10. The Code of Criminal Procedure of 1963 is
17amended by changing Section 124A-20 as follows:
 
18    (725 ILCS 5/124A-20)
19    Sec. 124A-20. Assessment waiver.
20    (a) As used in this Section:
21    "Assessments" means any costs imposed on a criminal
22defendant under Article 15 of the Criminal and Traffic
23Assessment Act, but does not include violation of the Illinois
24Vehicle Code assessments.

 

 

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1    "Indigent person" means any person who meets one or more
2of the following criteria:
3        (1) He or she is receiving assistance under one or
4    more of the following means-based governmental public
5    benefits programs: Supplemental Security Income; Aid to
6    the Aged, Blind and Disabled; Temporary Assistance for
7    Needy Families; Supplemental Nutrition Assistance Program;
8    General Assistance; Transitional Assistance; or State
9    Children and Family Assistance.
10        (2) His or her available personal income is 200% or
11    less of the current poverty level, unless the applicant's
12    assets that are not exempt under Part 9 or 10 of Article
13    XII of the Code of Civil Procedure are of a nature and
14    value that the court determines that the applicant is able
15    to pay the assessments.
16        (3) He or she is, in the discretion of the court,
17    unable to proceed in an action with payment of assessments
18    and whose payment of those assessments would result in
19    substantial hardship to the person or his or her family.
20    "Poverty level" means the current poverty level as
21established by the United States Department of Health and
22Human Services.
23    (b) For criminal offenses reflected in Schedules 1, 3, 4,
245, 7, and 8 of Article 15 of the Criminal and Traffic
25Assessment Act, upon Upon the application of any defendant,
26after the commencement of an action, but no later than 30 days

 

 

10200SB0626ham001- 4 -LRB102 14033 LNS 26391 a

1after sentencing:
2        (1) If the court finds that the applicant is an
3    indigent person, the court shall grant the applicant a
4    full assessment waiver exempting him or her from the
5    payment of any assessments.
6        (2) The court shall grant the applicant a partial
7    assessment as follows:
8            (A) 75% of all assessments shall be waived if the
9        applicant's available income is greater than 200% but
10        no more than 250% of the poverty level, unless the
11        applicant's assets that are not exempt under Part 9 or
12        10 of Article XII of the Code of Civil Procedure are
13        such that the applicant is able, without undue
14        hardship, to pay the total assessments.
15            (B) 50% of all assessments shall be waived if the
16        applicant's available income is greater than 250% but
17        no more than 300% of the poverty level, unless the
18        applicant's assets that are not exempt under Part 9 or
19        10 of Article XII of the Code of Civil Procedure are
20        such that the court determines that the applicant is
21        able, without undue hardship, to pay a greater portion
22        of the assessments.
23            (C) 25% of all assessments shall be waived if the
24        applicant's available income is greater than 300% but
25        no more than 400% of the poverty level, unless the
26        applicant's assets that are not exempt under Part 9 or

 

 

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1        10 of Article XII of the Code of Civil Procedure are
2        such that the court determines that the applicant is
3        able, without undue hardship, to pay a greater portion
4        of the assessments.
5    (b-5) For traffic and petty offenses reflected in
6Schedules 2, 6, 9, 10, and 13 of Article 15 of the Criminal and
7Traffic Assessment Act, upon the application of any defendant,
8after the commencement of an action, but no later than 30 days
9after sentencing, the court shall grant the applicant a
10partial assessment as follows:
11        (1) 50% of all assessments shall be waived if the
12    court finds that the applicant is an indigent person or if
13    the applicant's available income is not greater than 200%
14    of the poverty level, unless the applicant's assets that
15    are not exempt under Part 9 or 10 of Article XII of the
16    Code of Civil Procedure are such that the applicant is
17    able, without undue hardship, to pay the total
18    assessments.
19        (2) 37.5% of all assessments shall be waived if the
20    applicant's available income is greater than 200% but no
21    more than 250% of the poverty level, unless the
22    applicant's assets that are not exempt under Part 9 or 10
23    of Article XII of the Code of Civil Procedure are such that
24    the applicant is able, without undue hardship, to pay the
25    total assessments.
26        (3) 25% of all assessments shall be waived if the

 

 

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1    applicant's available income is greater than 250% but no
2    more than 300% of the poverty level, unless the
3    applicant's assets that are not exempt under Part 9 or 10
4    of Article XII of the Code of Civil Procedure are such that
5    the court determines that the applicant is able, without
6    undue hardship, to pay a greater portion of the
7    assessments.
8        (4) 12.5% of all assessments shall be waived if the
9    applicant's available income is greater than 300% but no
10    more than 400% of the poverty level, unless the
11    applicant's assets that are not exempt under Part 9 or 10
12    of Article XII of the Code of Civil Procedure are such that
13    the court determines that the applicant is able, without
14    undue hardship, to pay a greater portion of the
15    assessments.
16    (c) An application for a waiver of assessments shall be in
17writing, signed by the defendant or, if the defendant is a
18minor, by another person having knowledge of the facts, and
19filed no later than 30 days after sentencing. The contents of
20the application for a waiver of assessments, and the procedure
21for deciding the applications, shall be established by Supreme
22Court Rule. Factors to consider in evaluating an application
23shall include:
24        (1) the applicant's receipt of needs based
25    governmental public benefits, including Supplemental
26    Security Income (SSI); Aid to the Aged, Blind and Disabled

 

 

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1    (AABD ADBD); Temporary Assistance for Needy Families
2    (TANF); Supplemental Nutrition Assistance Program (SNAP or
3    "food stamps"); General Assistance; Transitional
4    Assistance; or State Children and Family Assistance;
5        (2) the employment status of the applicant and amount
6    of monthly income, if any;
7        (3) income received from the applicant's pension,
8    Social Security benefits, unemployment benefits, and other
9    sources;
10        (4) income received by the applicant from other
11    household members;
12        (5) the applicant's monthly expenses, including rent,
13    home mortgage, other mortgage, utilities, food, medical,
14    vehicle, childcare, debts, child support, and other
15    expenses; and
16        (6) financial affidavits or other similar supporting
17    documentation provided by the applicant showing that
18    payment of the imposed assessments would result in
19    substantial hardship to the applicant or the applicant's
20    family.
21    (d) The clerk of court shall provide the application for a
22waiver of assessments to any defendant who indicates an
23inability to pay the assessments. The clerk of the court shall
24post in a conspicuous place in the courthouse a notice, no
25smaller than 8.5 x 11 inches and using no smaller than 30-point
26typeface printed in English and in Spanish, advising criminal

 

 

10200SB0626ham001- 8 -LRB102 14033 LNS 26391 a

1defendants they may ask the court for a waiver of any court
2ordered assessments. The notice shall be substantially as
3follows:
4        "If you are unable to pay the required assessments,
5    you may ask the court to waive payment of them. Ask the
6    clerk of the court for forms."
7    (e) For good cause shown, the court may allow an applicant
8whose application is denied or who receives a partial
9assessment waiver to defer payment of the assessments, make
10installment payments, or make payment upon reasonable terms
11and conditions stated in the order.
12    (f) Nothing in this Section shall be construed to affect
13the right of a party to court-appointed counsel, as authorized
14by any other provision of law or by the rules of the Illinois
15Supreme Court.
16    (g) The provisions of this Section are severable under
17Section 1.31 of the Statute on Statutes.
18(Source: P.A. 100-987, eff. 7-1-19; revised 8-28-20.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".