SB0677 Engrossed

LRB095 08531 RLC 28712 b






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    AN ACT concerning 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

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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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LRB095 08531 RLC 28712 b




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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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    (e) A default in the payment of a fine, fee, cost, 
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restitution, or judgment of bond forfeiture 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. The State's Attorney of the 
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county in which the fine, fee, cost, restitution, or judgment 
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of bond forfeiture was imposed 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, fee, cost, restitution, or judgment of 
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bond forfeiture or installment of that fine, fee, cost, 
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restitution, or judgment of bond forfeiture. An additional fee 
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of 30% of the delinquent amount  is to be charged to the 
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offender for any amount of the fine, fee, cost, restitution, or 
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judgment of bond forfeiture or installment of   the fine, fee, 
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cost, restitution, or judgment of bond forfeiture that remains 
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unpaid after the time fixed for payment of the fine, fee, cost, 
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restitution, or judgment of bond forfeiture   by the court. The 
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additional  fee shall be payable to the State's Attorney in 
 


 






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order to compensate the State's Attorney for costs incurred in 
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collecting the delinquent amount.  The State's Attorney may 
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enter into agreements assigning any portion of the fee to the 
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retained attorneys or the private collection agent retained by 
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the State's Attorney. Any agreement between the State's 
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Attorney and the retained attorneys or collection agents shall 
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require the approval of the Circuit Clerk of that county.  A 
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default in payment of a fine, fee, cost, restitution, or 
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judgment of bond forfeiture shall draw interest at the rate of 
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9% per annum.  The fees and
costs incurred by the State's 
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Attorney in any such collection and the fees
and charges of 
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attorneys and private collection agents retained by the State's 
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Attorney for those purposes shall be charged to the offender.


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(Source: P.A. 93-693, eff. 1-1-05.)