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SB1545 Enrolled |
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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 |
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SB1545 Enrolled |
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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.)
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