93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4025


 
Introduced 01/14/04, by Thomas Holbrook - Jay C. Hoffman - Ron Stephens - Dan Reitz - Steve Davis
 
SYNOPSIS AS INTRODUCED:
 		














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









    Amends the Unified Code of Corrections. Provides that the clerk of the court
may retain
attorneys and private collection agencies for the purpose of collecting any
default in
payment of any fine or installment of that fine. Provides that the fees and
costs incurred
by the clerk of the court in any such collection and the fees and charges of
attorneys and
private collection agents retained by the clerk for those purposes shall be
charged to the
offender.

















LRB093 14356 RLC 40164 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4025

LRB093 14356 RLC 40164 b






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    AN ACT in relation to criminal law.


 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly:
 
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    Section 5. The Unified Code of Corrections is amended  by 
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changing Section 5-9-3 as follows:
 



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


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    Sec. 5-9-3. Default. 

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

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

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

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

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

 


 






HB4025
- 2 -
LRB093 14356 RLC 40164 b




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    (e) A default in the payment of a fine or any installment 
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may be
collected by any and all means authorized for the 
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collection of money judgments
rendered in favor of the State. 
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The clerk of the court may retain
attorneys and private 
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collection agents for the purpose of collecting any
default in 
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payment of any fine or installment of that fine.  The fees and

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costs incurred by the clerk of the court in any such collection 
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and the fees
and charges of attorneys and private collection 
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agents retained by the clerk
for those purposes shall be 
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charged to the offender.


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(Source: P. A. 78-255.)