101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3684

 

Introduced 2/14/2020, by Sen. Laura M. Murphy

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 105/27.3b  from Ch. 25, par. 27.3b

    Amends the Clerks of Courts Act. Allows the clerk of court to accept payment of fines, penalties, or costs by certified check.


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A BILL FOR

 

SB3684LRB101 17471 LNS 70374 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Clerks of Courts Act is amended by changing
5Section 27.3b as follows:
 
6    (705 ILCS 105/27.3b)  (from Ch. 25, par. 27.3b)
7    Sec. 27.3b. The clerk of court may accept payment of fines,
8penalties, or costs by certified check, credit card or debit
9card approved by the clerk from an offender who has been
10convicted of or placed on court supervision for a traffic
11offense, petty offense, ordinance offense, or misdemeanor or
12who has been convicted of a felony offense. The clerk of the
13circuit court may accept credit card payments over the Internet
14for fines, penalties, or costs from offenders on voluntary
15electronic pleas of guilty in minor traffic and conservation
16offenses to satisfy the requirement of written pleas of guilty
17as provided in Illinois Supreme Court Rule 529. The clerk of
18the court may also accept payment of statutory fees by a credit
19card or debit card. The clerk of the court may also accept the
20credit card or debit card for the cash deposit of bail bond
21fees.
22    The Clerk of the circuit court is authorized to enter into
23contracts with credit card or debit card companies approved by

 

 

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1the clerk and to negotiate the payment of convenience and
2administrative fees normally charged by those companies for
3allowing the clerk of the circuit court to accept their credit
4cards or debit cards in payment as authorized herein. The clerk
5of the circuit court is authorized to enter into contracts with
6third party fund guarantors, facilitators, and service
7providers under which those entities may contract directly with
8customers of the clerk of the circuit court and guarantee and
9remit the payments to the clerk of the circuit court. Where the
10offender pays fines, penalties, or costs by credit card or
11debit card or through a third party fund guarantor,
12facilitator, or service provider, or anyone paying statutory
13fees of the circuit court clerk or the posting of cash bail,
14the clerk shall collect a service fee of up to $5 or the amount
15charged to the clerk for use of its services by the credit card
16or debit card issuer, third party fund guarantor, facilitator,
17or service provider. This service fee shall be in addition to
18any other fines, penalties, or costs. The clerk of the circuit
19court is authorized to negotiate the assessment of convenience
20and administrative fees by the third party fund guarantors,
21facilitators, and service providers with the revenue earned by
22the clerk of the circuit court to be remitted to the county
23general revenue fund.
24    For the purposes of this Section, "certified check" has the
25meaning provided in Section 3-409 of the Uniform Commercial
26Code.

 

 

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1(Source: P.A. 95-331, eff. 8-21-07.)