99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0086

 

Introduced 1/28/2015, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-43035

    Amends the Counties Code. Provides that a default in the payment of a fine or penalty or any installment of a fine or penalty may be collected by any means authorized for the collection of monetary judgments. Allows the state's attorney of the county in which the fine or penalty was imposed to retain attorneys and private collection agents for the purpose of collecting any fine or penalty or installment of a fine or penalty. Provides that any fees incurred with respect to such attorneys or private collection agents shall be charged to the offender.


LRB099 03636 AWJ 23644 b

 

 

A BILL FOR

 

SB0086LRB099 03636 AWJ 23644 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-43035 as follows:
 
6    (55 ILCS 5/5-43035)
7    Sec. 5-43035. Enforcement of judgment.
8    (a) Any fine, other sanction, or costs imposed, or part of
9any fine, other sanction, or costs imposed, remaining unpaid
10after the exhaustion of or the failure to exhaust judicial
11review procedures under the Illinois Administrative Review Law
12are a debt due and owing the county and may be collected in
13accordance with applicable law.
14    (b) After expiration of the period in which judicial review
15under the Illinois Administrative Review Law may be sought for
16a final determination of a code violation, unless stayed by a
17court of competent jurisdiction, the findings, decision, and
18order of the hearing officer may be enforced in the same manner
19as a judgment entered by a court of competent jurisdiction.
20    (c) In any case in which a defendant has failed to comply
21with a judgment ordering a defendant to correct a code
22violation or imposing any fine or other sanction as a result of
23a code violation, any expenses incurred by a county to enforce

 

 

SB0086- 2 -LRB099 03636 AWJ 23644 b

1the judgment, including, but not limited to, attorney's fees,
2court costs, and costs related to property demolition or
3foreclosure, after they are fixed by a court of competent
4jurisdiction or a hearing officer, shall be a debt due and
5owing the county and may be collected in accordance with
6applicable law. Prior to any expenses being fixed by a hearing
7officer pursuant to this subsection (c), the county shall
8provide notice to the defendant that states that the defendant
9shall appear at a hearing before the administrative hearing
10officer to determine whether the defendant has failed to comply
11with the judgment. The notice shall set the date for the
12hearing, which shall not be less than 7 days after the date
13that notice is served. If notice is served by mail, the 7-day
14period shall begin to run on the date that the notice was
15deposited in the mail.
16    (c-5) A default in the payment of a fine or penalty or any
17installment of a fine or penalty may be collected by any means
18authorized for the collection of monetary judgments. The
19state's attorney of the county in which the fine or penalty was
20imposed may retain attorneys and private collection agents for
21the purpose of collecting any default in payment of any fine or
22penalty or installment of that fine or penalty. Any fees or
23costs incurred by the county with respect to attorneys or
24private collection agents retained by the state's attorney
25under this Section shall be charged to the offender.
26    (d) Upon being recorded in the manner required by Article

 

 

SB0086- 3 -LRB099 03636 AWJ 23644 b

1XII of the Code of Civil Procedure or by the Uniform Commercial
2Code, a lien shall be imposed on the real estate or personal
3estate, or both, of the defendant in the amount of any debt due
4and owing the county under this Section. The lien may be
5enforced in the same manner as a judgment lien pursuant to a
6judgment of a court of competent jurisdiction.
7    (e) A hearing officer may set aside any judgment entered by
8default and set a new hearing date, upon a petition filed
9within 21 days after the issuance of the order of default, if
10the hearing officer determines that the petitioner's failure to
11appear at the hearing was for good cause or at any time if the
12petitioner establishes that the county did not provide proper
13service of process. If any judgment is set aside pursuant to
14this subsection (e), the hearing officer shall have authority
15to enter an order extinguishing any lien that has been recorded
16for any debt due and owing the county as a result of the
17vacated default judgment.
18(Source: P.A. 96-1386, eff. 7-29-10.)