HB4594sam002 100TH GENERAL ASSEMBLY

Sen. John G. Mulroe

Filed: 5/18/2018

10000HB4594sam002 LRB100 17151 MRW 40446 a

AMENDMENT TO HOUSE BILL 4594

AMENDMENT NO. ______. Amend House Bill 4594 as follows:

on page 4, by inserting immediately below line 15 the following:

""Offense" means a violation of any local ordinance or penal statute of this State."; and

on page 5, by inserting immediately below line 11 the following:

"Section 1-10. Assessment report.

Not later than March 1 of each year, the clerk of the circuit court shall publish a report of the number of cases, number of dispositions in which an assessment was imposed, number of dispositions in which an assessment was waived, number of dispositions in which a partial assessment was imposed, and amount of funds collected under each schedule of this Act and under each paragraph of Section 15-70 of this Act during the preceding calendar year. The report shall include all assessment waivers and reductions with all personal identifying information removed."; and

on page 16, by inserting immediately above line 20 the following:

"(17) The Courthouse Security Fund is to defray the expense of purchasing materials and employing personnel for maintaining the safety and security of the county courthouse. Expenditures from this fund may be made by the Sheriff for purchasing materials and employing personnel for maintaining the safety and security of the county courthouse."; and

on page 17, line 1, by replacing "$354" with "$359"; and

on page 17, by inserting immediately below line 6 the following:

"(C-5) $10 into the Courthouse Security Fund;"; and

on page 17, line 7, by replacing "$255" with "$240"; and

on page 17, line 8, by replacing "$10" with "$20"; and

on page 17, line 15, by replacing "$195" with "$190"; and

on page 17, line 23, by replacing "$35" with "$30"; and

on page 18, line 5, by replacing "$1,709" with "$1,709 plus, if applicable, the amount established under paragraph (1.5) of this Section"; and

on page 18, line 6, by replacing "$399" with "$404"; and

on page 18, by inserting immediately below line 11 the following:

"(C-5) $10 into the Courthouse Security Fund;"; and

on page 18, line 12, by replacing "$300" with "$285"; and

on page 18, line 13, by replacing "$10" with "$20"; and

on page 18, by inserting immediately below line 19 the following:

"(1.5) In a county with a population of 3,000,000 or more, the county board may by ordinance or resolution establish an additional assessment not to exceed $37 to be remitted to the county treasurer of which $5 shall be deposited into the Court Automation Fund, $5 shall be deposited into the Court Document Storage Fund, $2 shall be deposited into the State's Attorneys Records Automation Fund, $2 shall be deposited into the Public Defenders Records Automation Fund, $10 shall be deposited into the Probation and Court Services Fund, and the remainder shall be used for purposes related to the operation of the court system."; and

on page 18, line 20, by replacing "$1,110" with "$1,105"; and

on page 19, line 4, by replacing "$160" with "$155"; and

on page 19, line 22, by replacing "$354" with "$359"; and

on page 20, by inserting immediately below line 2 the following:

"(C-5) $10 into the Courthouse Security Fund;"; and

on page 20, line 3, by replacing "$255" with "$240"; and

on page 20, line 4, by replacing "$10" with "$20"; and

on page 20, line 11, by replacing "$1,861" with "$1,856"; and

on page 21, line 1, by replacing "$35" with "$30"; and

on page 21, line 7, by replacing "$354" with "$359"; and

on page 21, by inserting immediately below line 12 the following:

"(C-5) $10 into the Courthouse Security Fund;"; and

on page 21, line 13, by replacing "$255" with "$240"; and

on page 21, line 14, by replacing "$10" with "$20"; and

on page 21, line 21, by replacing "$960" with "$955"; and

on page 22, line 7, by replacing "$35" with "$30"; and

on page 22, by inserting immediately below line 18 the following:

"(C-5) $5 into the Courthouse Security Fund;"; and

on page 22, line 21, by replacing "$185" with "$180"; and

on page 24, line 2, by replacing "$1,381" with "$1,381 plus, if applicable, the amount established under paragraph (1.5) of this Section"; and

on page 24, by inserting immediately below line 9 the following:

"(C-5) $5 into the Courthouse Security Fund;"; and

on page 24, line 12, by replacing "$225" with "$220"; and

on page 24, by inserting immediately below line 19 the following:

"(1.5) In a county with a population of 3,000,000 or more, the county board may by ordinance or resolution establish an additional assessment not to exceed $28 to be remitted to the county treasurer of which $5 shall be deposited into the Court Automation Fund, $5 shall be deposited into the Court Document Storage Fund, $2 shall be deposited into the State's Attorneys Records Automation Fund, $2 shall be deposited into the Public Defenders Records Automation Fund, $10 shall be deposited into the Probation and Court Services Fund, and the remainder shall be used for purposes related to the operation of the court system."; and

on page 26, by inserting immediately below line 8 the following:

"(C-5) $5 into the Courthouse Security Fund;"; and

on page 26, line 11, by replacing "$185" with "$180"; and

on page 28, by inserting immediately below line 2 the following:

"(C-5) $5 into the Courthouse Security Fund;"; and

on page 28, line 5, by replacing "$185" with "$180"; and

on page 29, by inserting immediately below line 17 the following:

"(C-5) $5 into the Courthouse Security Fund;"; and

on page 29, line 20, by replacing "$150" with "$145"; and

on page 31, by inserting immediately below line 17 the following:

"(C-5) $5 into the Courthouse Security Fund;"; and

on page 31, line 20, by replacing "$115" with "$110"; and

on page 33, line 12, by replacing "$260" with "$310"; and

on page 33, by inserting immediately below line 18 the following:

"(C-5) $5 into the Courthouse Security Fund;"; and

on page 33, line 21, by replacing "$115" with "$110"; and

on page 33, line 22, by replacing "$92" with "$117"; and

on page 34, line 2, by replacing "$31" with "$56"; and

on page 34, by inserting immediately below line 4 the following:

"(3) As the arresting agency's portion, $25 to the treasurer of the unit of local government of the arresting agency, who shall deposit the money into the General Fund of that unit of local government or as provided in subsection (c) of Section 10-5 of this Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest in which case the amount shall be remitted to each unit of government equally."; and

on page 34, by inserting immediately below line 13 the following:

"(C-5) $5 into the Courthouse Security Fund;"; and

on page 34, line 16, by replacing "$115" with "$110"; and

on page 35, line 7, by replacing "$100" with "$87"; and

on page 35, line 9, by replacing "$20" with "$15"; and

on page 35, line 10, by replacing "$20" with "$15"; and

on page 35, line 13, by replacing "$8" with "$5"; and

on page 35, line 16, by replacing "$14" with "$25"; and

on page 35, line 21, by replacing "$4" with "$15"; and

on page 35, line 25, by replacing "$50" with "$52"; and

on page 36, line 9, by replacing "$48" with "$50"; and

on page 42, by inserting immediately below line 17 the following:

"(10.5) aggravated criminal sexual assault, attempted aggravated criminal sexual assault, aggravated criminal sexual abuse, attempted aggravated criminal sexual abuse, predatory criminal sexual assault of a child, attempted predatory criminal sexual assault of a child, felony criminal sexual abuse, or felony sexual exploitation of a child under Article 11 of the Criminal Code of 2012, $100 for each sentenced violation to the State Treasurer for deposit into the Sexual Assault Services Fund;"; and

on page 44, by inserting immediately below line 5 the following:

"(13.5) victim under 18 years of age, $100 for each sentenced violation to the county treasurer for deposit into the Child Advocacy Center Fund;"; and

on page 101, by replacing lines 21 and 22 with "this Section. Except as otherwise specified in this Section, all fees under this Section shall be paid in advance and disbursed by each clerk on a monthly basis. In a county with a population of over 3,000,000, units of local government and school districts shall not be required to pay fees under this Section in advance, and the clerk shall instead send an itemized bill to the unit of local government or school district within 30 days of the fee being incurred, and the unit of local government or school district shall be allowed at least 30 days from the date of the itemized bill to pay; these payments shall be disbursed by each clerk on a monthly basis. Unless"; and

on page 103, by replacing lines 16 and 17 with "purposes related to the operation and security of the court system in the county. From the sum remitted to the County Treasurer under this subparagraph (C), $10 shall be deposited into the Courthouse Security Fund."; and

on page 104, by replacing lines 22 and 23 with "purposes related to the operation and security of the court system in the county. From the sum remitted to the County Treasurer under this subparagraph (C), $10 shall be deposited into the Courthouse Security Fund."; and

on page 105, by replacing lines 24 and 25 with "purposes related to the operation and security of the court system in the county. From the sum remitted to the County Treasurer under this subparagraph (C), $10 shall be deposited into the Courthouse Security Fund."; and

on page 107, by replacing lines 9 and 10 with "purposes related to the operation and security of the court system in the county. From the sum remitted to the County Treasurer under this subparagraph (C), $10 shall be deposited into the Courthouse Security Fund."; and

on page 108, by replacing lines 6 and 7 with "purposes related to the operation and security of the court system in the county. From the sum remitted to the County Treasurer under this subparagraph (C), $10 shall be deposited into the Courthouse Security Fund."; and

on page 112, by inserting immediately below line 17 the following:

"(j-5) Debt Collection. In any proceeding to collect a debt subject to the exception in item (ii) of subparagraph (A-5) of paragraph (1) of subsection (z) of this Section, the circuit court shall order and the clerk shall collect from each judgment debtor a fee of:

(1) $45 if the amount in controversy in the proceeding is not more than $1,000;

(2) $65 if the amount in controversy in the proceeding is greater than $1,000 and not more than $5,000; and

(3) $95 if the amount in controversy in the proceeding is greater than $5,000."; and

on page 119, line 11, after "State or", by inserting "agency of"; and

on page 119, by replacing lines 16 through 21 with the following:

"(A-5) any unit of local government or school district, except in counties having a population of 500,000 or more the county board may by resolution set fees for units of local government or school districts no greater than the minimum fees applicable in counties with a population less than 3,000,000; provided however, no fee may be charged to any unit of local government or school district in connection with any action which, in whole or in part, is: (i) to enforce an ordinance; (ii) to collect a debt; or (iii) under the Administrative Review Law;"; and

on page 120, by inserting immediately below line 25 the following:

"(z-5) Not later than March 1 of each year, the clerk of the circuit court shall publish a report of the number of cases, number of dispositions in which a fee was imposed, number of dispositions in which a fee was waived, number of dispositions in which a partial fee was imposed, and amount of funds collected under each schedule and subsection of this Section during the preceding calendar year. The report shall include all fee waivers and reductions with all personal identifying information removed."; and

on page 120, line 26, by replacing "December 31, 2019" with "January 1, 2020"; and

on page 166, by inserting immediately below line 15 the following:

"(3) If the court grants a full assessment waiver or a partial assessment to a defendant, the court shall set forth in writing the full assessment waiver or the partial assessment."; and

on page 313, by inserting immediately below line 11 the following:

"(3) If the court grants a full fees, costs, and charges waiver or a partial fees, costs, and charges waiver to a defendant, the court shall set forth in writing the full fees, costs, and charges waiver or the partial fees, costs, and charges waiver.".