Bill Status of SB 211   93rd General Assembly

Short Description:  CRIM CD-BAD CHECK DIVERSION

Senate Sponsors
Sen. James F. Clayborne, Jr.

House Sponsors
(Rep. Thomas Holbrook-Ed Sullivan, Jr.)


Last Action  View All Actions

DateChamber Action
  7/29/2003SenatePublic Act . . . . . . . . . 93-0394

Statutes Amended In Order of Appearance
720 ILCS 5/17-1b new

Synopsis As Introduced
Amends the Criminal Code of 1961. Provides that a State's Attorney may create within his or her office a bad check diversion program for offenders who agree to voluntarily participate in the program instead of undergoing prosecution. Provides that the program may be conducted by the State's Attorney or by a private entity under contract with the State's Attorney. Provides that the bad check diversion program may require an offender to: (1) pay for, at his or her own expense, and successfully complete an educational class held by the State's Attorney or a private entity under contract with the State's Attorney; (2) make full restitution for the offense; (3) pay a per-check administrative fee. Provides that the State's Attorney, or private entity under contract with the State's Attorney, may recover, in addition to the face amount of the dishonored check or draft, a transaction fee to defray the costs and expenses incurred by a victim who received a dishonored check that was made or delivered by the offender. Provides that the transaction fee shall be paid to the victim as restitution for the offense. Effective immediately.

Senate Floor Amendment No. 2
Provides that these private entities must maintain adequate liability insurance of $1,000,000 per occurrence and adequate coverage for potential loss resulting from employee dishonesty. Establishes grounds for the State's Attorney to revoke a contract with a private entity to operate a bad check diversion program. Provides that the State's Attorney must annually audit the program. Provides that funds of the program must be maintained in a special trust account. Provides that the information obtained by the private entity is confidential between the entity and the State's Attorney. Eliminates the provision that permits the State's Attorney or private entity under contract to collect an administrative fee to pay for the costs of the program. Provides that the State's Attorney shall resolve grievances between an offender and the private entity contracted to operate the bad check diversion program.

Actions 
DateChamber Action
  2/5/2003SenateFiled with Secretary by Sen. James F. Clayborne, Jr.
  2/5/2003SenateFirst Reading
  2/5/2003SenateReferred to Rules
  2/6/2003SenateAssigned to Judiciary
  2/19/2003SenatePostponed - Judiciary
  2/27/2003SenatePostponed - Judiciary
  3/5/2003SenatePostponed - Judiciary
  3/11/2003SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr.
  3/11/2003SenateSenate Committee Amendment No. 1 Referred to Rules
  3/11/2003SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  3/11/2003SenateSenate Committee Amendment No. 1 Tabled in Judiciary
  3/13/2003SenateDo Pass Judiciary; 010-000-000
  3/13/2003SenatePlaced on Calendar Order of 2nd Reading March 18, 2003
  3/18/2003SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/18/2003SenateAdded as Chief Co-Sponsor Sen. Debbie DeFrancesco Halvorson
  3/18/2003SenateAdded as Chief Co-Sponsor Sen. Terry Link
  3/18/2003SenateAdded as Co-Sponsor Sen. John J. Cullerton
  3/18/2003SenateSponsor Removed Sen. Jacqueline Y. Collins
  3/18/2003SenateSponsor Removed Sen. Debbie DeFrancesco Halvorson
  3/18/2003SenateSponsor Removed Sen. Terry Link
  3/18/2003SenateSponsor Removed Sen. John J. Cullerton
  3/21/2003SenateSecond Reading
  3/21/2003SenatePlaced on Calendar Order of 3rd Reading March 24, 2003
  3/21/2003SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. James F. Clayborne, Jr.
  3/21/2003SenateSenate Floor Amendment No. 2 Referred to Rules
  3/24/2003SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary
  3/25/2003SenateSenate Floor Amendment No. 2 Be Approved for Consideration Judiciary; 010-000-000
  3/25/2003SenateRecalled to Second Reading
  3/25/2003SenateSenate Floor Amendment No. 2 Adopted; Clayborne
  3/25/2003SenatePlaced on Calendar Order of 3rd Reading March 26, 2003
  3/26/2003SenateThird Reading - Passed; 058-000-000
  3/26/2003HouseArrived in House
  3/26/2003HousePlaced on Calendar Order of First Reading
  3/26/2003HouseChief House Sponsor Rep. Thomas Holbrook
  3/26/2003HouseFirst Reading
  3/26/2003HouseReferred to Rules Committee
  3/31/2003HouseAssigned to Judiciary II - Criminal Law Committee
  4/10/2003HouseDo Pass / Standard Debate Judiciary II - Criminal Law Committee; 007-000-000
  4/10/2003HousePlaced on Calendar 2nd Reading - Standard Debate
  4/14/2003HouseSecond Reading - Standard Debate
  4/14/2003HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  5/6/2003HouseAdded Alternate Chief Co-Sponsor Rep. Ed Sullivan, Jr.
  5/7/2003HouseThird Reading - Short Debate - Passed 114-000-001
  5/7/2003SenatePassed Both Houses
  6/5/2003SenateSent to the Governor
  7/29/2003SenateGovernor Approved
  7/29/2003SenateEffective Date July 29, 2003
  7/29/2003SenatePublic Act . . . . . . . . . 93-0394

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