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Public Act 102-0356


 

Public Act 0356 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0356
 
SB0583 EnrolledLRB102 16305 LNS 21687 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Local Records Act is amended by changing
Section 3a as follows:
 
    (50 ILCS 205/3a)  (from Ch. 116, par. 43.103a)
    Sec. 3a. Reports and records of the obligation, receipt,
and use of public funds of the Clerk of the Circuit Court of
Cook County, units of local government, and school districts,
including certified audits, management letters and other audit
reports made by the Auditor General, County Auditors, other
officers or by licensed Certified Public Accountants permitted
to perform audits under the Illinois Public Accounting Act and
presented to the corporate authorities or boards of the units
of local government, are public records available for
inspection by the public. These records shall be kept at the
official place of business of the Clerk of the Circuit Court of
Cook County and each unit of local government and school
district or at a designated place of business of the unit or
district. These records shall be available for public
inspection during regular office hours except when in
immediate use by persons exercising official duties which
require the use of those records. The person in charge of such
records may require a notice in writing to be submitted 24
hours prior to inspection and may require that such notice
specify which records are to be inspected. Nothing in this
Section shall require units of local government and school
districts to invade or assist in the invasion of any person's
right to privacy.
(Source: P.A. 94-465, eff. 8-4-05.)
 
    Section 10. The Clerks of Courts Act is amended by
changing Section 27.3b as follows:
 
    (705 ILCS 105/27.3b)  (from Ch. 25, par. 27.3b)
    (Text of Section before amendment by P.A. 101-652)
    Sec. 27.3b. The clerk of court may accept payment of
fines, penalties, or costs by certified check, credit card, or
debit card approved by the clerk from an offender who has been
convicted of or placed on court supervision for a traffic
offense, petty offense, ordinance offense, or misdemeanor or
who has been convicted of a felony offense. The clerk of the
circuit court shall may accept credit card payments over the
Internet for fines, penalties, court costs, or costs from
offenders on voluntary electronic pleas of guilty in minor
traffic and conservation offenses to satisfy the requirement
of written pleas of guilty as provided in Illinois Supreme
Court Rule 529. The clerk of the court may also accept payment
of statutory fees by a credit card or debit card. The clerk of
the court may also accept the credit card or debit card for the
cash deposit of bail bond fees.
    The clerk of the circuit court is authorized to enter into
contracts with credit card or debit card companies approved by
the clerk and to negotiate the payment of convenience and
administrative fees normally charged by those companies for
allowing the clerk of the circuit court to accept their credit
cards or debit cards in payment as authorized herein. The
clerk of the circuit court is authorized to enter into
contracts with third party fund guarantors, facilitators, and
service providers under which those entities may contract
directly with customers of the clerk of the circuit court and
guarantee and remit the payments to the clerk of the circuit
court. Where the offender pays fines, penalties, or costs by
credit card or debit card or through a third party fund
guarantor, facilitator, or service provider, or anyone paying
statutory fees of the circuit court clerk or the posting of
cash bail, the clerk shall collect a service fee of up to $5 or
the amount charged to the clerk for use of its services by the
credit card or debit card issuer, third party fund guarantor,
facilitator, or service provider. This service fee shall be in
addition to any other fines, penalties, or costs. The clerk of
the circuit court is authorized to negotiate the assessment of
convenience and administrative fees by the third party fund
guarantors, facilitators, and service providers with the
revenue earned by the clerk of the circuit court to be remitted
to the county general revenue fund.
    As used in this Section, "certified check" has the meaning
provided in Section 3-409 of the Uniform Commercial Code.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (Text of Section after amendment by P.A. 101-652)
    Sec. 27.3b. The clerk of court may accept payment of
fines, penalties, or costs by certified check, credit card, or
debit card approved by the clerk from an offender who has been
convicted of or placed on court supervision for a traffic
offense, petty offense, ordinance offense, or misdemeanor or
who has been convicted of a felony offense. The clerk of the
circuit court shall may accept credit card payments over the
Internet for fines, penalties, court costs, or costs from
offenders on voluntary electronic pleas of guilty in minor
traffic and conservation offenses to satisfy the requirement
of written pleas of guilty as provided in Illinois Supreme
Court Rule 529. The clerk of the court may also accept payment
of statutory fees by a credit card or debit card.
    The clerk of the circuit court is authorized to enter into
contracts with credit card or debit card companies approved by
the clerk and to negotiate the payment of convenience and
administrative fees normally charged by those companies for
allowing the clerk of the circuit court to accept their credit
cards or debit cards in payment as authorized herein. The
clerk of the circuit court is authorized to enter into
contracts with third party fund guarantors, facilitators, and
service providers under which those entities may contract
directly with customers of the clerk of the circuit court and
guarantee and remit the payments to the clerk of the circuit
court. Where the offender pays fines, penalties, or costs by
credit card or debit card or through a third party fund
guarantor, facilitator, or service provider, or anyone paying
statutory fees of the circuit court clerk, the clerk shall
collect a service fee of up to $5 or the amount charged to the
clerk for use of its services by the credit card or debit card
issuer, third party fund guarantor, facilitator, or service
provider. This service fee shall be in addition to any other
fines, penalties, or costs. The clerk of the circuit court is
authorized to negotiate the assessment of convenience and
administrative fees by the third party fund guarantors,
facilitators, and service providers with the revenue earned by
the clerk of the circuit court to be remitted to the county
general revenue fund.
    As used in this Section, "certified check" has the meaning
provided in Section 3-409 of the Uniform Commercial Code.
(Source: P.A. 101-652, eff. 1-1-23.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.

Effective Date: 1/1/2022