Rep. Jay Hoffman
Filed: 3/13/2013
 
 

 

 

 
09800HB0830ham001LRB098 03660 RLC 42192 a



1
AMENDMENT TO HOUSE BILL 830 




2    AMENDMENT NO. ______. Amend House Bill 830 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Unified Code of Corrections is amended  by 
5changing Section 5-9-3 as follows:
 



6    (730 ILCS 5/5-9-3)  (from Ch. 38, par. 1005-9-3)

7    Sec. 5-9-3. Default. 

8    (a) An offender who defaults in the payment of a fine or

9any
installment of that fine may be held in contempt and 
10imprisoned for nonpayment. The
court may issue a summons for 
11his appearance or a warrant of arrest.

12    (b) Unless the offender shows that his default was not due 
13to his
intentional refusal to pay, or not due to a failure on 
14his part to make a
good faith effort to pay, the court may 
15order the offender imprisoned for a
term not to exceed 6 months 
16if the fine was for a felony, or 30 days if the
fine was for a 
 
 
09800HB0830ham001- 2 -LRB098 03660 RLC 42192 a

1misdemeanor, a petty offense or a business offense. Payment
of 
2the fine at any time will entitle the offender to be released, 
3but
imprisonment under this Section shall not satisfy the 
4payment of the fine.

5    (c) If it appears that the default in the payment of a fine 
6is not
intentional under paragraph (b) of this Section, the 
7court may enter an
order allowing the offender additional time 
8for payment, reducing the
amount of the fine or of each 
9installment, or revoking the fine or the
unpaid portion.

10    (d) When a fine is imposed on a corporation or 
11unincorporated
organization or association, it is the duty of 
12the person or persons
authorized to make disbursement of 
13assets, and their superiors, to pay the
fine from assets of the 
14corporation or unincorporated organization or
association. The 
15failure of such persons to do so shall render them subject
to 
16proceedings under paragraphs (a) and (b) of this Section.

17    (e) A default in the payment of a fine, fee, cost, order of 
18restitution, judgment of bond forfeiture, judgment order of 
19forfeiture, or any installment thereof
may be
collected by any 
20and all means authorized for the collection of money judgments. 
21The State's Attorney of the county in which the fine, fee, 
22cost, order of restitution, judgment of bond forfeiture, or 
23judgment order of forfeiture was imposed may retain
attorneys 
24and private collection agents for the purpose of collecting any

25default in payment of any fine, fee, cost, order of 
26restitution, judgment of bond forfeiture, judgment order of 
 
 
09800HB0830ham001- 3 -LRB098 03660 RLC 42192 a

1forfeiture, or installment thereof.  An additional fee of 30% of 
2the delinquent amount  and  each taxable court cost including,  
3without limitation, costs of service of process, shall is to be 
4charged to the offender for any amount of the fine, fee, cost, 
5restitution, or judgment of bond forfeiture or installment of   
6the fine, fee, cost, restitution, or judgment of bond 
7forfeiture that remains unpaid after the time fixed for payment 
8of the fine, fee, cost, restitution, or judgment of bond 
9forfeiture   by the court. The additional  fee shall be payable to 
10the State's Attorney in order to compensate the State's 
11Attorney for costs incurred in collecting the delinquent 
12amount.  The State's Attorney may enter into agreements 
13assigning any portion of the fee to the retained attorneys or 
14the private collection agent retained by the State's Attorney. 
15Any agreement between the State's Attorney and the retained 
16attorneys or collection agents shall require the approval of 
17the Circuit Clerk of that county.  A default in payment of a 
18fine, fee, cost, restitution, or judgment of bond forfeiture 
19shall draw interest at the rate of 9% per annum.

20(Source: P.A. 95-514, eff. 1-1-08; 95-606, eff. 6-1-08; 95-876, 
21eff. 8-21-08.)".