HB3892eng 101ST GENERAL ASSEMBLY

HB3892 Engrossed LRB101 13485 RLC 62335 b

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal and Traffic Assessment Act is amended by changing Section 5-20 as follows:

(705 ILCS 135/5-20)

(This Section may contain text from a Public Act with a delayed effective date)

(Section scheduled to be repealed on January 1, 2021)

Sec. 5-20. Credit; time served; community service.

(a) Any credit for time served prior to sentencing that reduces the amount a defendant is required to pay shall be deducted first from the fine, if any, ordered by the court. Any remainder of the credit shall be equally divided between the assessments indicated in the ordered schedule and conditional assessments.

(b) Excluding any ordered conditional assessment, a defendant who has been ordered to pay an assessment may petition the court to convert all or part of the assessment into court-approved public or community service. One hour of public or community service shall be equivalent to the value of one hour of work at the State minimum wage as provided in the Minimum Wage Law or the minimum hourly wage in the municipality where the defendant resides, whichever is greater, as calculated by the Department of Labor. On the effective date of this amendatory Act of the 101st General Assembly and annually thereafter, the Director of Labor shall publish the Illinois minimum wage and the minimum wages of each municipality in this State that has enacted by ordinance a minimum wage that is greater than the State minimum wage. The Director of Labor shall update the list if the State or municipal minimum wage is changed by law or if a municipality enacts an ordinance increasing its minimum wage that is greater than the State minimum wage. The published minimum wage list and updates shall be sent to the Administrative Office of the Illinois Courts to be provided to each judicial circuit in this State $4 of assessment. The performance of this public or community service shall be a condition of probation, conditional discharge, or supervision and shall be in addition to the performance of any other period of public or community service ordered by the court or required by law.

(Source: P.A. 100-987, eff. 7-1-19.)