State of Illinois
92nd General Assembly
Legislation

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92_SB0768

 
                                               LRB9205218REpc

 1        AN ACT concerning fees.

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

 4        Section  5.  The  Counties  Code  is  amended by changing
 5    Section 4-2002.1 as follows:

 6        (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
 7        Sec. 4-2002.1.  State's  attorney  fees  in  counties  of
 8    3,000,000  or  more population.  This Section applies only to
 9    counties with 3,000,000 or more inhabitants.
10        (a)  State's attorneys  are  shall  be  entitled  to  the
11    following fees:
12        For  each  conviction  in prosecutions on indictments for
13    first  degree  murder,  second  degree  murder,   involuntary
14    manslaughter,  criminal  sexual  assault, aggravated criminal
15    sexual assault, aggravated criminal sexual abuse, kidnapping,
16    arson and  forgery,  $60.   All  other  cases  punishable  by
17    imprisonment in the penitentiary, $60.
18        For each conviction in other cases tried before judges of
19    the circuit court, $30; except that if the conviction is in a
20    case  which may be assigned to an associate judge, whether or
21    not it is in fact assigned to an  associate  judge,  the  fee
22    shall be $20.
23        For  preliminary  examinations for each defendant held to
24    bail or recognizance, $20.
25        For each examination of a party bound over  to  keep  the
26    peace, $20.
27        For each defendant held to answer in a circuit court on a
28    charge of paternity, $20.
29        For each trial on a charge of paternity, $60.
30        For each case of appeal taken from his county or from the
31    county  to  which a change of venue is taken to his county to
 
                            -2-                LRB9205218REpc
 1    the Supreme or Appellate Court when prosecuted or defended by
 2    him, $100.
 3        For each day actually employed in the trial  of  a  case,
 4    $50;  in  which  case the court before whom the case is tried
 5    shall make an order specifying the number of days for which a
 6    per diem shall be allowed.
 7        For each day actually employed in the trial of  cases  of
 8    felony  arising  in  their  respective  counties and taken by
 9    change of venue to another county, $50; and the court  before
10    whom  the  case  is  tried shall make an order specifying the
11    number of days for which said per diem shall be allowed;  and
12    it  is  hereby  made  the  duty  of  each State's attorney to
13    prepare and try each case of felony arising when so taken  by
14    change of venue.
15        For  assisting  in  a trial of each case on an indictment
16    for felony brought by change of  venue  to  their  respective
17    counties,  the  same  fees  they would be entitled to if such
18    indictment had been found for an  offense  committed  in  his
19    county,  and  it shall be the duty of the State's attorney of
20    the county to which such cause is taken by change of venue to
21    assist in the trial thereof.
22        For  each  case  of  forfeited  recognizance  where   the
23    forfeiture  is  set  aside at the instance of the defense, in
24    addition to the ordinary costs, $20 for each defendant.
25        For each proceeding in a circuit court  to  inquire  into
26    the  alleged  mental  illness  of  any  person,  $20 for each
27    defendant.
28        For each proceeding in a circuit court  to  inquire  into
29    the alleged dependency or delinquency of any child, $20.
30        For  each  day actually employed in the hearing of a case
31    of habeas corpus in which the people are interested, $50.
32        All the foregoing fees shall be  taxed  as  costs  to  be
33    collected  from  the defendant, if possible, upon conviction.
34    But in cases of inquiry into the mental illness of any person
 
                            -3-                LRB9205218REpc
 1    alleged to be mentally ill, in cases on a charge of paternity
 2    and in cases of appeal in the  Supreme  or  Appellate  Court,
 3    where  judgment  is in favor of the accused, the fees allowed
 4    the State's attorney therein shall be  retained  out  of  the
 5    fines and forfeitures collected by them in other cases.
 6        Ten  per  cent of all moneys except revenue, collected by
 7    them and paid over to the authorities entitled thereto, which
 8    per cent together with the fees provided for herein that  are
 9    not  collected  from  the parties tried or examined, shall be
10    paid out of any fines and forfeited  recognizances  collected
11    by  them,  provided however, that in proceedings to foreclose
12    the lien of delinquent real estate  taxes  State's  attorneys
13    shall  receive a fee, to be credited to the earnings of their
14    office, of 10% of the total amount realized from the sale  of
15    real estate sold in such proceedings. Such fees shall be paid
16    from  the  total  amount  realized  from the sale of the real
17    estate sold in such proceedings.
18        State's attorneys shall have a lien for their fees on all
19    judgments for fines or forfeitures procured by  them  and  on
20    moneys  except  revenue  received by them until such fees and
21    earnings are fully paid.
22        No fees shall be charged on more than 10  counts  in  any
23    one indictment or information on trial and conviction; nor on
24    more  than  10  counts  against any one defendant on pleas of
25    guilty.
26        The Circuit Court may direct that of all monies received,
27    by restitution or otherwise, which monies are ordered paid to
28    the Department of Public  Aid  or  the  Department  of  Human
29    Services (acting as successor to the Department of Public Aid
30    under  the  Department  of  Human  Services  Act) as a direct
31    result of the efforts  of  the  State's  attorney  and  which
32    payments  arise from Civil or Criminal prosecutions involving
33    the Illinois Public  Aid  Code  or  the  Criminal  Code,  the
34    following  amounts  shall be paid quarterly by the Department
 
                            -4-                LRB9205218REpc
 1    of Public Aid or the Department  of  Human  Services  to  the
 2    General Corporate Fund of the County in which the prosecution
 3    or cause of action took place:
 4             (1)  where  the  monies  result  from  child support
 5        obligations, not less than 25% of the  federal  share  of
 6        the monies received,
 7             (2)  where  the  monies result from other than child
 8        support obligations, not less than  25%  of  the  State's
 9        share of the monies received.
10        (b)  A   municipality   shall   be   entitled  to  a  $10
11    prosecution fee for each conviction for a  violation  of  the
12    Illinois  Vehicle  Code  prosecuted by the municipal attorney
13    pursuant to Section 16-102 of that Code which is tried before
14    a circuit or associate judge and shall be entitled to  a  $10
15    prosecution  fee  for  each  conviction  for a violation of a
16    municipal  vehicle  ordinance  prosecuted  by  the  municipal
17    attorney which is tried before a circuit or associate  judge.
18    Such  fee  shall  be  taxed as costs to be collected from the
19    defendant, if  possible,  upon  conviction.   A  municipality
20    shall  have a lien for such prosecution fees on all judgments
21    or fines procured by the municipal attorney from prosecutions
22    for violations of the Illinois  Vehicle  Code  and  municipal
23    vehicle ordinances.
24        For  the  purposes  of  this  subsection  (b), "municipal
25    vehicle ordinance" means any ordinance  enacted  pursuant  to
26    Sections  11-40-1,  11-40-2,  11-40-2a  and  11-40-3  of  the
27    Illinois  Municipal  Code  or  any  ordinance  enacted  by  a
28    municipality which is similar to a provision of Chapter 11 of
29    the Illinois Vehicle Code.
30    (Source: P.A. 89-507, eff. 7-1-97.)

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