95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1545


 
Introduced 2/9/2007, by Sen. A. J. Wilhelmi
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Unified Code of Corrections.  Provides that a judgment order of forfeiture, order of restitution, or any installment thereof may be
collected by any and all means authorized for the collection of money judgments.  Provides that the State's Attorney of the county in which the judgment order of forfeiture or  order of restitution was imposed may retain
attorneys and private collection agents for the purpose of collecting any
default in payment of any order of forfeiture, order of restitution, or  installment thereof.
















LRB095 10675 RLC 30906 b

















 


 


A BILL FOR









 











SB1545

LRB095 10675 RLC 30906 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 
 


 






SB1545
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LRB095 10675 RLC 30906 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, judgment order of 
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forfeiture, order of restitution, or any installment thereof

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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, judgment order of forfeiture, or 
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order of restitution was imposed may retain
attorneys and 
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private collection agents for the purpose of collecting any

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default in payment of any fine, judgment order of forfeiture, 
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order of restitution, or installment thereof
of that fine.  The 
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fees and
costs incurred by the State's Attorney in any such 
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collection and the fees
and charges of attorneys and private 
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collection agents retained by the State's Attorney for those 
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purposes shall be charged to the offender.


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