Public Act 098-0373
 
HB0830 EnrolledLRB098 03660 RLC 33676 b



    AN ACT concerning criminal law.

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



 
    Section 5. The Unified Code of Corrections is amended  by 
changing Section 5-9-3 as follows:
 



    (730 ILCS 5/5-9-3)  (from Ch. 38, par. 1005-9-3)

    Sec. 5-9-3. Default. 

    (a) An offender who defaults in the payment of a fine or

any
installment of that fine may be held in contempt and 
imprisoned for nonpayment. The
court may issue a summons for 
his appearance or a warrant of arrest.

    (b) Unless the offender shows that his default was not due 
to his
intentional refusal to pay, or not due to a failure on 
his part to make a
good faith effort to pay, the court may 
order the offender imprisoned for a
term not to exceed 6 months 
if the fine was for a felony, or 30 days if the
fine was for a 
misdemeanor, a petty offense or a business offense. Payment
of 
the fine at any time will entitle the offender to be released, 
but
imprisonment under this Section shall not satisfy the 
payment of the fine.

    (c) If it appears that the default in the payment of a fine 
is not
intentional under paragraph (b) of this Section, the 
court may enter an
order allowing the offender additional time 
for payment, reducing the
amount of the fine or of each 
installment, or revoking the fine or the
unpaid portion.

    (d) When a fine is imposed on a corporation or 
unincorporated
organization or association, it is the duty of 
the person or persons
authorized to make disbursement of 
assets, and their superiors, to pay the
fine from assets of the 
corporation or unincorporated organization or
association. The 
failure of such persons to do so shall render them subject
to 
proceedings under paragraphs (a) and (b) of this Section.

    (e) A default in the payment of a fine, fee, cost, order of 
restitution, judgment of bond forfeiture, judgment order of 
forfeiture, or any installment thereof
may be
collected by any 
and all means authorized for the collection of money judgments. 
The State's Attorney of the county in which the fine, fee, 
cost, order of restitution, judgment of bond forfeiture, or 
judgment order of forfeiture was imposed may retain
attorneys 
and private collection agents for the purpose of collecting any

default in payment of any fine, fee, cost, order of 
restitution, judgment of bond forfeiture, judgment order of 
forfeiture, or installment thereof.  An additional fee of 30% of 
the delinquent amount  and  each taxable court cost including,  
without limitation, costs of service of process, shall is to be 
charged to the offender for any amount of the fine, fee, cost, 
restitution, or judgment of bond forfeiture or installment of   
the fine, fee, cost, restitution, or judgment of bond 
forfeiture that remains unpaid after the time fixed for payment 
of the fine, fee, cost, restitution, or judgment of bond 
forfeiture   by the court. The additional  fee shall be payable to 
the State's Attorney in order to compensate the State's 
Attorney for costs incurred in collecting the delinquent 
amount.  The State's Attorney may enter into agreements 
assigning any portion of the fee to the retained attorneys or 
the private collection agent retained by the State's Attorney. 
Any agreement between the State's Attorney and the retained 
attorneys or collection agents shall require the approval of 
the Circuit Clerk of that county.  A default in payment of a 
fine, fee, cost, restitution, or judgment of bond forfeiture 
shall draw interest at the rate of 9% per annum.

(Source: P.A. 95-514, eff. 1-1-08; 95-606, eff. 6-1-08; 95-876, 
eff. 8-21-08.)