Sen. John G. Mulroe

Filed: 5/18/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4594

2    AMENDMENT NO. ______. Amend House Bill 4594 as follows:
 
3on page 4, by inserting immediately below line 15 the
4following:
5    ""Offense" means a violation of any local ordinance or
6penal statute of this State."; and
 
7on page 5, by inserting immediately below line 11 the
8following:
 
9    "Section 1-10. Assessment report.
10    Not later than March 1 of each year, the clerk of the
11circuit court shall publish a report of the number of cases,
12number of dispositions in which an assessment was imposed,
13number of dispositions in which an assessment was waived,
14number of dispositions in which a partial assessment was
15imposed, and amount of funds collected under each schedule of

 

 

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1this Act and under each paragraph of Section 15-70 of this Act
2during the preceding calendar year. The report shall include
3all assessment waivers and reductions with all personal
4identifying information removed."; and
 
5on page 16, by inserting immediately above line 20 the
6following:
7        "(17) The Courthouse Security Fund is to defray the
8    expense of purchasing materials and employing personnel
9    for maintaining the safety and security of the county
10    courthouse. Expenditures from this fund may be made by the
11    Sheriff for purchasing materials and employing personnel
12    for maintaining the safety and security of the county
13    courthouse."; and
 
14on page 17, line 1, by replacing "$354" with "$359"; and
 
15on page 17, by inserting immediately below line 6 the
16following:
17            "(C-5) $10 into the Courthouse Security Fund;";
18        and
 
19on page 17, line 7, by replacing "$255" with "$240"; and
 
20on page 17, line 8, by replacing "$10" with "$20"; and
 

 

 

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1on page 17, line 15, by replacing "$195" with "$190"; and
 
2on page 17, line 23, by replacing "$35" with "$30"; and
 
3on page 18, line 5, by replacing "$1,709" with "$1,709 plus, if
4applicable, the amount established under paragraph (1.5) of
5this Section"; and
 
6on page 18, line 6, by replacing "$399" with "$404"; and
 
7on page 18, by inserting immediately below line 11 the
8following:
9            "(C-5) $10 into the Courthouse Security Fund;";
10        and
 
11on page 18, line 12, by replacing "$300" with "$285"; and
 
12on page 18, line 13, by replacing "$10" with "$20"; and
 
13on page 18, by inserting immediately below line 19 the
14following:
15    "(1.5) In a county with a population of 3,000,000 or more,
16the county board may by ordinance or resolution establish an
17additional assessment not to exceed $37 to be remitted to the
18county treasurer of which $5 shall be deposited into the Court
19Automation Fund, $5 shall be deposited into the Court Document

 

 

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1Storage Fund, $2 shall be deposited into the State's Attorneys
2Records Automation Fund, $2 shall be deposited into the Public
3Defenders Records Automation Fund, $10 shall be deposited into
4the Probation and Court Services Fund, and the remainder shall
5be used for purposes related to the operation of the court
6system."; and
 
7on page 18, line 20, by replacing "$1,110" with "$1,105"; and
 
8on page 19, line 4, by replacing "$160" with "$155"; and
 
9on page 19, line 22, by replacing "$354" with "$359"; and
 
10on page 20, by inserting immediately below line 2 the
11following:
12            "(C-5) $10 into the Courthouse Security Fund;";
13        and
 
14on page 20, line 3, by replacing "$255" with "$240"; and
 
15on page 20, line 4, by replacing "$10" with "$20"; and
 
16on page 20, line 11, by replacing "$1,861" with "$1,856"; and
 
17on page 21, line 1, by replacing "$35" with "$30"; and
 

 

 

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1on page 21, line 7, by replacing "$354" with "$359"; and
 
2on page 21, by inserting immediately below line 12 the
3following:
4            "(C-5) $10 into the Courthouse Security Fund;";
5        and
 
6on page 21, line 13, by replacing "$255" with "$240"; and
 
7on page 21, line 14, by replacing "$10" with "$20"; and
 
8on page 21, line 21, by replacing "$960" with "$955"; and
 
9on page 22, line 7, by replacing "$35" with "$30"; and
 
10on page 22, by inserting immediately below line 18 the
11following:
12            "(C-5) $5 into the Courthouse Security Fund;"; and
 
13on page 22, line 21, by replacing "$185" with "$180"; and
 
14on page 24, line 2, by replacing "$1,381" with "$1,381 plus, if
15applicable, the amount established under paragraph (1.5) of
16this Section"; and
 
17on page 24, by inserting immediately below line 9 the

 

 

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1following:
2            "(C-5) $5 into the Courthouse Security Fund;"; and
 
3on page 24, line 12, by replacing "$225" with "$220"; and
 
4on page 24, by inserting immediately below line 19 the
5following:
6    "(1.5) In a county with a population of 3,000,000 or more,
7the county board may by ordinance or resolution establish an
8additional assessment not to exceed $28 to be remitted to the
9county treasurer of which $5 shall be deposited into the Court
10Automation Fund, $5 shall be deposited into the Court Document
11Storage Fund, $2 shall be deposited into the State's Attorneys
12Records Automation Fund, $2 shall be deposited into the Public
13Defenders Records Automation Fund, $10 shall be deposited into
14the Probation and Court Services Fund, and the remainder shall
15be used for purposes related to the operation of the court
16system."; and
 
17on page 26, by inserting immediately below line 8 the
18following:
19            "(C-5) $5 into the Courthouse Security Fund;"; and
 
20on page 26, line 11, by replacing "$185" with "$180"; and
 
21on page 28, by inserting immediately below line 2 the

 

 

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1following:
2            "(C-5) $5 into the Courthouse Security Fund;"; and
 
3on page 28, line 5, by replacing "$185" with "$180"; and
 
4on page 29, by inserting immediately below line 17 the
5following:
6            "(C-5) $5 into the Courthouse Security Fund;"; and
 
7on page 29, line 20, by replacing "$150" with "$145"; and
 
8on page 31, by inserting immediately below line 17 the
9following:
10            "(C-5) $5 into the Courthouse Security Fund;"; and
 
11on page 31, line 20, by replacing "$115" with "$110"; and
 
12on page 33, line 12, by replacing "$260" with "$310"; and
 
13on page 33, by inserting immediately below line 18 the
14following:
15            "(C-5) $5 into the Courthouse Security Fund;"; and
 
16on page 33, line 21, by replacing "$115" with "$110"; and
 
17on page 33, line 22, by replacing "$92" with "$117"; and
 

 

 

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1on page 34, line 2, by replacing "$31" with "$56"; and
 
2on page 34, by inserting immediately below line 4 the
3following:
4    "(3) As the arresting agency's portion, $25 to the
5treasurer of the unit of local government of the arresting
6agency, who shall deposit the money into the General Fund of
7that unit of local government or as provided in subsection (c)
8of Section 10-5 of this Act if the arresting agency is a State
9agency, unless more than one agency is responsible for the
10arrest in which case the amount shall be remitted to each unit
11of government equally."; and
 
12on page 34, by inserting immediately below line 13 the
13following:
14            "(C-5) $5 into the Courthouse Security Fund;"; and
 
15on page 34, line 16, by replacing "$115" with "$110"; and
 
16on page 35, line 7, by replacing "$100" with "$87"; and
 
17on page 35, line 9, by replacing "$20" with "$15"; and
 
18on page 35, line 10, by replacing "$20" with "$15"; and
 

 

 

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1on page 35, line 13, by replacing "$8" with "$5"; and
 
2on page 35, line 16, by replacing "$14" with "$25"; and
 
3on page 35, line 21, by replacing "$4" with "$15"; and
 
4on page 35, line 25, by replacing "$50" with "$52"; and
 
5on page 36, line 9, by replacing "$48" with "$50"; and
 
6on page 42, by inserting immediately below line 17 the
7following:
8        "(10.5) aggravated criminal sexual assault, attempted
9    aggravated criminal sexual assault, aggravated criminal
10    sexual abuse, attempted aggravated criminal sexual abuse,
11    predatory criminal sexual assault of a child, attempted
12    predatory criminal sexual assault of a child, felony
13    criminal sexual abuse, or felony sexual exploitation of a
14    child under Article 11 of the Criminal Code of 2012, $100
15    for each sentenced violation to the State Treasurer for
16    deposit into the Sexual Assault Services Fund;"; and
 
17on page 44, by inserting immediately below line 5 the
18following:
19        "(13.5) victim under 18 years of age, $100 for each
20    sentenced violation to the county treasurer for deposit

 

 

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1    into the Child Advocacy Center Fund;"; and
 
2on page 101, by replacing lines 21 and 22 with "this Section.
3Except as otherwise specified in this Section, all fees under
4this Section shall be paid in advance and disbursed by each
5clerk on a monthly basis. In a county with a population of over
63,000,000, units of local government and school districts shall
7not be required to pay fees under this Section in advance, and
8the clerk shall instead send an itemized bill to the unit of
9local government or school district within 30 days of the fee
10being incurred, and the unit of local government or school
11district shall be allowed at least 30 days from the date of the
12itemized bill to pay; these payments shall be disbursed by each
13clerk on a monthly basis. Unless"; and
 
14on page 103, by replacing lines 16 and 17 with "purposes
15related to the operation and security of the court system in
16the county. From the sum remitted to the County Treasurer under
17this subparagraph (C), $10 shall be deposited into the
18Courthouse Security Fund."; and
 
19on page 104, by replacing lines 22 and 23 with "purposes
20related to the operation and security of the court system in
21the county. From the sum remitted to the County Treasurer under
22this subparagraph (C), $10 shall be deposited into the
23Courthouse Security Fund."; and
 

 

 

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1on page 105, by replacing lines 24 and 25 with "purposes
2related to the operation and security of the court system in
3the county. From the sum remitted to the County Treasurer under
4this subparagraph (C), $10 shall be deposited into the
5Courthouse Security Fund."; and
 
6on page 107, by replacing lines 9 and 10 with "purposes related
7to the operation and security of the court system in the
8county. From the sum remitted to the County Treasurer under
9this subparagraph (C), $10 shall be deposited into the
10Courthouse Security Fund."; and
 
11on page 108, by replacing lines 6 and 7 with "purposes related
12to the operation and security of the court system in the
13county. From the sum remitted to the County Treasurer under
14this subparagraph (C), $10 shall be deposited into the
15Courthouse Security Fund."; and
 
16on page 112, by inserting immediately below line 17 the
17following:
18    "(j-5) Debt Collection. In any proceeding to collect a debt
19subject to the exception in item (ii) of subparagraph (A-5) of
20paragraph (1) of subsection (z) of this Section, the circuit
21court shall order and the clerk shall collect from each
22judgment debtor a fee of:

 

 

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1        (1) $45 if the amount in controversy in the proceeding
2    is not more than $1,000;
3        (2) $65 if the amount in controversy in the proceeding
4    is greater than $1,000 and not more than $5,000; and
5        (3) $95 if the amount in controversy in the proceeding
6    is greater than $5,000."; and
 
7on page 119, line 11, after "State or", by inserting "agency
8of"; and
 
9on page 119, by replacing lines 16 through 21 with the
10following:
11            "(A-5) any unit of local government or school
12        district, except in counties having a population of
13        500,000 or more the county board may by resolution set
14        fees for units of local government or school districts
15        no greater than the minimum fees applicable in counties
16        with a population less than 3,000,000; provided
17        however, no fee may be charged to any unit of local
18        government or school district in connection with any
19        action which, in whole or in part, is: (i) to enforce
20        an ordinance; (ii) to collect a debt; or (iii) under
21        the Administrative Review Law;"; and
 
22on page 120, by inserting immediately below line 25 the
23following:

 

 

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1    "(z-5) Not later than March 1 of each year, the clerk of
2the circuit court shall publish a report of the number of
3cases, number of dispositions in which a fee was imposed,
4number of dispositions in which a fee was waived, number of
5dispositions in which a partial fee was imposed, and amount of
6funds collected under each schedule and subsection of this
7Section during the preceding calendar year. The report shall
8include all fee waivers and reductions with all personal
9identifying information removed."; and
 
10on page 120, line 26, by replacing "December 31, 2019" with
11"January 1, 2020"; and
 
12on page 166, by inserting immediately below line 15 the
13following:
14        "(3) If the court grants a full assessment waiver or a
15    partial assessment to a defendant, the court shall set
16    forth in writing the full assessment waiver or the partial
17    assessment."; and
 
18on page 313, by inserting immediately below line 11 the
19following:
20        "(3) If the court grants a full fees, costs, and
21    charges waiver or a partial fees, costs, and charges waiver
22    to a defendant, the court shall set forth in writing the
23    full fees, costs, and charges waiver or the partial fees,

 

 

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1    costs, and charges waiver.".