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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4331
Introduced 02/02/04, by Jay C. Hoffman SYNOPSIS AS INTRODUCED:
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730 ILCS 5/5-9-3 |
from Ch. 38, par. 1005-9-3 |
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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.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4331 |
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LRB093 19409 RLC 45147 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.
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