Rep. Mary E. Flowers

Filed: 11/15/2018





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2    AMENDMENT NO. ______. Amend House Bill 4265 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. No less than 30 days
12before the issuance of a warrant under this subsection, a
13notice shall be mailed to the offender by first class mail to
14the most recent address which the offender has provided to the
15court. The notice shall contain the following information:
16        (1) the amount of the fine which is due and owing;



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1        (2) the docket number of the case in which the fine was
2    assessed;
3        (3) the due date for payment of the fine;
4        (4) instructions as to how payment of the fine may be
5    made;
6        (5) an explanation that intentional refusal to pay the
7    fine may result in imprisonment; and
8        (6) instructions as to how the offender may request a
9    hearing to present evidence that the offender did not
10    intentionally refuse to pay the fine, and that failure to
11    pay was the result of the offender's inability to pay the
12    fine.
13    (b) Unless the offender shows that his default was not due
14to his intentional refusal to pay, or not due to a failure on
15his part to make a good faith effort to pay, the court may
16order the offender imprisoned for a term not to exceed 6 months
17if the fine was for a felony, or 30 days if the fine was for a
18misdemeanor, a petty offense or a business offense. Payment of
19the fine at any time will entitle the offender to be released,
20but imprisonment under this Section shall not satisfy the
21payment of the fine.
22    (c) If it appears that the default in the payment of a fine
23is not intentional under paragraph (b) of this Section, the
24court may enter an order allowing the offender additional time
25for payment, reducing the amount of the fine or of each
26installment, or revoking the fine or the unpaid portion.



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1    (d) When a fine is imposed on a corporation or
2unincorporated organization or association, it is the duty of
3the person or persons authorized to make disbursement of
4assets, and their superiors, to pay the fine from assets of the
5corporation or unincorporated organization or association. The
6failure of such persons to do so shall render them subject to
7proceedings under paragraphs (a) and (b) of this Section.
8    (e) A default in the payment of a fine, fee, cost, order of
9restitution, judgment of bond forfeiture, judgment order of
10forfeiture, or any installment thereof may be collected by any
11and all means authorized for the collection of money judgments.
12The State's Attorney of the county in which the fine, fee,
13cost, order of restitution, judgment of bond forfeiture, or
14judgment order of forfeiture was imposed may retain attorneys
15and private collection agents for the purpose of collecting any
16default in payment of any fine, fee, cost, order of
17restitution, judgment of bond forfeiture, judgment order of
18forfeiture, or installment thereof. An additional fee of 30% of
19the delinquent amount and each taxable court cost including,
20without limitation, costs of service of process, shall be
21charged to the offender for any amount of the fine, fee, cost,
22restitution, or judgment of bond forfeiture or installment of
23the fine, fee, cost, restitution, or judgment of bond
24forfeiture that remains unpaid after the time fixed for payment
25of the fine, fee, cost, restitution, or judgment of bond
26forfeiture by the court. The additional fee shall be payable to



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1the State's Attorney in order to compensate the State's
2Attorney for costs incurred in collecting the delinquent
3amount. The State's Attorney may enter into agreements
4assigning any portion of the fee to the retained attorneys or
5the private collection agent retained by the State's Attorney.
6Any agreement between the State's Attorney and the retained
7attorneys or collection agents shall require the approval of
8the Circuit Clerk of that county. A default in payment of a
9fine, fee, cost, restitution, or judgment of bond forfeiture
10shall draw interest at the rate of 9% per annum.
11(Source: P.A. 98-373, eff. 1-1-14.)".