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92_HB5713
LRB9213766RCdv
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 124A-10 as follows:
6 (725 ILCS 5/124A-10)
7 Sec. 124A-10. Lien. The property, real and personal, of
8 a person who is convicted of an offense shall be bound, and a
9 lien is created on the property, both real and personal, of
10 every offender, not exempt from the enforcement of a judgment
11 or attachment, from the time of finding the indictment at
12 least so far as will be sufficient to pay the fine and costs
13 of prosecution. The clerk of the court in which the
14 conviction is had shall upon the expiration of 30 days after
15 judgment is entered issue a certified copy of the judgment
16 for any fine that remains unpaid, and all costs of conviction
17 remaining unpaid. Unless a court ordered payment schedule is
18 implemented, the clerk of the court may add to any judgment a
19 delinquency amount equal to 5% of the unpaid fines and cost
20 that remain unpaid after 30 days, 10% of the unpaid fines and
21 costs that remain unpaid after 60 days, and 15% of the unpaid
22 fines and costs that remain unpaid after 90 days. The clerk
23 of the court may also after a period of 90 days release to
24 credit reporting agencies, information regarding unpaid
25 amounts. The certified copy of the judgment shall state the
26 day on which the arrest was made or indictment found, as the
27 case may be. Enforcement of the judgment may be directed to
28 the proper officer of any county in this State. The officer
29 to whom the certified copy of the judgment is delivered shall
30 levy the judgment upon all the estate, real and personal, of
31 the defendant (not exempt from enforcement) possessed by him
-2- LRB9213766RCdv
1 or her on the day of the arrest or finding the indictment, as
2 stated in the certified copy of the judgment and any such
3 property subsequently acquired; and the property so levied
4 upon shall be advertised and sold in the same manner as in
5 civil cases, with the like rights to all parties that may be
6 interested in the property. It is not an objection to the
7 selling of any property under the judgment that the defendant
8 is in custody for the fine or costs, or both.
9 (Source: P.A. 89-234, eff. 1-1-96.)