HB4025 Engrossed

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 Engrossed
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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 State's Attorney of the county in which the fine was 
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imposed may retain
attorneys and private collection agents for 
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the purpose of collecting any
default in payment of any fine or 
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installment of that fine.  The fees and
costs incurred by the 
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State's Attorney in any such collection and the fees
and 
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charges of attorneys and private collection agents retained by 
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the State's Attorney for those purposes shall be charged to the 
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offender.


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