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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0642 Introduced 2/24/2021, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
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| 705 ILCS 105/27.3b | from Ch. 25, par. 27.3b |
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Amends the Clerks of Courts Act. Allows the clerk of court to accept payment of fines, penalties, or costs by certified check.
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| | A BILL FOR |
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| | SB0642 | | LRB102 11506 LNS 16840 b |
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| 1 | | AN ACT concerning courts.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Clerks of Courts Act is amended by changing |
| 5 | | Section 27.3b as follows:
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| 6 | | (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
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| 7 | | Sec. 27.3b. The clerk of court may accept payment of |
| 8 | | fines, penalties,
or costs
by certified check, credit card
or |
| 9 | | debit card
approved by the clerk from an offender who has been
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| 10 | | convicted of or placed on court supervision for a traffic
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| 11 | | offense, petty offense, ordinance offense, or misdemeanor or |
| 12 | | who has been
convicted of a felony offense. The clerk of the |
| 13 | | circuit court may accept
credit card payments over the |
| 14 | | Internet for fines, penalties, or costs from
offenders on |
| 15 | | voluntary electronic pleas of guilty in minor traffic and
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| 16 | | conservation offenses to satisfy the requirement of written |
| 17 | | pleas of guilty as
provided in Illinois Supreme Court Rule |
| 18 | | 529. The clerk of the court may also
accept
payment of |
| 19 | | statutory fees by a credit card or debit card.
The clerk of the |
| 20 | | court may
also accept the credit card
or debit card
for the |
| 21 | | cash deposit of bail bond fees.
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| 22 | | The Clerk of the circuit court is authorized to enter into |
| 23 | | contracts
with credit card
or debit card
companies approved by |
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| | SB0642 | - 2 - | LRB102 11506 LNS 16840 b |
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| 1 | | the clerk and to negotiate the payment of convenience
and |
| 2 | | administrative fees normally charged by those companies for |
| 3 | | allowing the clerk of the circuit
court to accept their credit |
| 4 | | cards
or debit cards
in payment as authorized herein. The |
| 5 | | clerk of the circuit court is authorized
to enter into |
| 6 | | contracts with third party fund guarantors, facilitators, and
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| 7 | | service providers under which those entities may contract |
| 8 | | directly with
customers of
the clerk of the circuit court and |
| 9 | | guarantee and remit the payments to the
clerk of the circuit |
| 10 | | court. Where the
offender pays fines, penalties, or costs by |
| 11 | | credit card or debit card or through a third party fund |
| 12 | | guarantor, facilitator, or service
provider,
or anyone paying
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| 13 | | statutory fees of
the circuit court clerk or the posting of |
| 14 | | cash bail, the clerk shall
collect a service fee of up to $5 or |
| 15 | | the amount charged to the clerk for use of
its services by
the |
| 16 | | credit card or debit card issuer, third party fund guarantor,
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| 17 | | facilitator, or service provider. This service fee shall be
in |
| 18 | | addition to any other fines, penalties, or
costs. The clerk of |
| 19 | | the circuit court is authorized to negotiate the
assessment of |
| 20 | | convenience and administrative fees by the third party fund
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| 21 | | guarantors, facilitators, and service providers with the |
| 22 | | revenue earned by the
clerk of the circuit court to be remitted
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| 23 | | to the
county general revenue fund.
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| 24 | | As used in this Section, "certified check" has the meaning |
| 25 | | provided in Section 3-409 of the Uniform Commercial Code. |
| 26 | | (Source: P.A. 95-331, eff. 8-21-07.)
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