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91_HB2174
LRB9103431RCks
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 124A-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 124A-5 as follows:
7 (725 ILCS 5/124A-5)
8 Sec. 124A-5. Judgment for costs of prosecution.
9 (a) When a person is convicted of an offense under a
10 statute, or at common law, the court shall enter judgment
11 that the offender pay the costs of the prosecution. The costs
12 shall include reasonable costs incurred by the Sheriff for
13 serving arrest warrants, for picking up the offender from a
14 county other than the one in which he or she was convicted,
15 and for picking up the offender from a location outside the
16 State of Illinois pursuant either to his or her extradition
17 or to his or her waiver of extradition. The costs of
18 prosecution also include investigative costs incurred by law
19 enforcement agencies, and by fire departments for arson
20 investigations, if requested and documented by those
21 agencies. Investigative costs of law enforcement agencies
22 include, but are not limited to, hourly wages of personnel
23 involved in the investigation, their travel expenses, costs
24 associated with surveillance, special or emergency equipment
25 used in the investigation, and fees paid to informants.
26 (b) If the court does not enter a judgment for costs, or
27 orders only partial costs under this Section, it shall state
28 on the record the reasons for the order.
29 (c) The court may require that the defendant pay the
30 costs within a specified period or in specified installments.
31 (d) The end of the period or the last installment may
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1 not be later than: (i) the end of the period of probation or
2 conditional discharge, if probation or conditional discharge
3 is ordered; (ii) 5 years after the end of the term of
4 imprisonment imposed, if the court does not order probation
5 or conditional discharge; or (iii) 5 years after the date of
6 sentencing in any other case.
7 (e) If not otherwise provided by the court under this
8 Section, costs must be paid immediately.
9 (f) If a defendant is placed on probation or conditional
10 discharge, any costs ordered under this Section are a
11 condition of probation or conditional discharge. The court
12 may revoke probation or conditional discharge if the
13 defendant fails to comply with the order.
14 (g) The court, in determining whether to order costs and
15 the amount of the costs, must consider the amount of the
16 costs incurred, the financial resources of the defendant, the
17 financial needs and earning ability of the defendant, and
18 such other factors that it deems appropriate.
19 (h) Any dispute as to the proper amount or type of costs
20 ordered must be resolved by the court by the preponderance of
21 the evidence. The burden of demonstrating the amount of costs
22 incurred is on the State's Attorney. The burden of
23 demonstrating the financial resources of the defendant and
24 the financial needs of the defendant is on the defendant. The
25 burden of demonstrating any other matters as the court deems
26 appropriate is upon the party designated by the court as
27 justice requires.
28 (i) Any default in payment of costs ordered may be
29 collected by any means authorized by law for enforcement of a
30 judgment.
31 (j) The court may order the clerk of the court to
32 collect and dispense cost payments in any case.
33 (k) Investigative costs that are recovered must be
34 returned to the appropriate investigative agency that
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1 incurred the expense. Costs include actual expenses incurred
2 in conducting the investigation and prosecution of the
3 criminal case; however, costs may also include the salaries
4 of permanent employees.
5 (l) Costs that are collected by the State's Attorney
6 under this Section must be deposited into the general
7 corporate fund of the county to be used during the fiscal
8 year in which the funds are collected, or in any subsequent
9 fiscal year, for actual expenses incurred in investigating
10 and prosecuting criminal cases, which may include the
11 salaries of permanent employees.
12 (Source: P.A. 89-234, eff. 1-1-96.)