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Rep. Justin Slaughter
Filed: 4/24/2023
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1 | | AMENDMENT TO SENATE BILL 1463
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1463 on page 2, |
3 | | lines 11 through 13, by replacing " The court shall not order |
4 | | any fees, fines, costs, or other applicable assessments |
5 | | authorized under this Section against " with " Fines and |
6 | | assessments, such as fees or administrative costs, authorized |
7 | | under this Section shall not be ordered or imposed on "; and
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8 | | on page 25, lines 7 through 9, by replacing " the court shall |
9 | | not order any fees, fines, costs, or other applicable |
10 | | assessments authorized under this Section against " with " fines |
11 | | and assessments, such as fees or administrative costs, |
12 | | authorized under this Section shall not be ordered or imposed |
13 | | on "; and |
14 | | on page 27, lines 5 through 7, by replacing " the court shall |
15 | | not order any fees, fines, costs, or other applicable |
16 | | assessments authorized under this Section against " with " fines |
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1 | | and assessments, such as fees or administrative costs, |
2 | | authorized under this Section shall not be ordered or imposed |
3 | | on "; and |
4 | | on page 28, lines 7 through 9, by replacing " the court shall |
5 | | not order any fees, fines, costs, or other applicable |
6 | | assessments authorized under this Section against " with " fines |
7 | | and assessments, such as fees or administrative costs, |
8 | | authorized under this Section shall not be ordered or imposed |
9 | | on "; and |
10 | | on page 29, lines 13 and 14, by replacing " the court shall not |
11 | | order a fee or other cost under this subsection (c-3) against " |
12 | | with " assessments, such as fees or administrative costs, under |
13 | | this subsection (c-3) shall not be ordered or imposed on "; and |
14 | | on page 30, lines 18 and 19, by replacing " the court shall not |
15 | | order a fee or other cost under this subsection (c-5) against " |
16 | | with " assessments, such as fees or administrative costs, under |
17 | | this subsection (c-5) shall not be ordered or imposed on "; and |
18 | | on page 32, lines 12 and 13, by replacing " the costs, fees, or |
19 | | any other assessments referenced in this Section shall not |
20 | | apply to " with " fines and assessments, such as fees or |
21 | | administrative costs, authorized in this Section shall not be |
22 | | ordered or imposed on "; and |
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1 | | on page 42, lines 19 and 20, by replacing " the fees, fines, or |
2 | | other assessments under this Section shall not apply to " with |
3 | | " fines and assessments, such as fees or administrative costs |
4 | | authorized in this Section, shall not be ordered or imposed |
5 | | on "; and |
6 | | by replacing line 3 on page 43 through line 22 on page 45 with |
7 | | the following: |
8 | | "Section 20. The Juvenile Court Act of 1987 is amended by |
9 | | changing Sections 1-8, 3-17, 3-19, 3-21, 3-24, 3-33.5, 4-14, |
10 | | 4-16, 4-18, 4-21, 5-525, 5-610, 5-615, 5-710, 5-715, 5-915, |
11 | | 6-7, and 6-9 and by adding Section 1-19 as follows:
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12 | | (705 ILCS 405/1-8)
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13 | | Sec. 1-8. Confidentiality and accessibility of juvenile |
14 | | court records.
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15 | | (A) A juvenile adjudication shall never be considered a |
16 | | conviction nor shall an adjudicated individual be considered a |
17 | | criminal. Unless expressly allowed by law, a juvenile |
18 | | adjudication shall not operate to impose upon the individual |
19 | | any of the civil disabilities ordinarily imposed by or |
20 | | resulting from conviction. Unless expressly allowed by law, |
21 | | adjudications shall not prejudice or disqualify the individual |
22 | | in any civil service application or appointment, from holding |
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1 | | public office, or from receiving any license granted by public |
2 | | authority. All juvenile court records which have not been |
3 | | expunged are sealed and may never be disclosed to the general |
4 | | public or otherwise made widely available. Sealed juvenile |
5 | | court records may be obtained only under this Section and |
6 | | Section 1-7 and Part 9 of Article V of this Act, when their use |
7 | | is needed for good cause and with an order from the juvenile |
8 | | court. Inspection and copying of juvenile court records |
9 | | relating to a minor
who is the subject of a proceeding under |
10 | | this Act shall be restricted to the
following:
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11 | | (1) The minor who is the subject of record, his or her |
12 | | parents, guardian,
and counsel.
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13 | | (2) Law enforcement officers and law enforcement |
14 | | agencies when such
information is essential to executing |
15 | | an arrest or search warrant or other
compulsory process, |
16 | | or to conducting an ongoing investigation
or relating to a |
17 | | minor who
has been adjudicated delinquent and there has |
18 | | been a previous finding that
the act which constitutes the |
19 | | previous offense was committed in furtherance
of criminal |
20 | | activities by a criminal street gang.
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21 | | Before July 1, 1994, for the purposes of this Section, |
22 | | "criminal street
gang" means any ongoing
organization, |
23 | | association, or group of 3 or more persons, whether formal |
24 | | or
informal, having as one of its primary activities the |
25 | | commission of one or
more criminal acts and that has a |
26 | | common name or common identifying sign,
symbol or specific |
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1 | | color apparel displayed, and whose members individually
or |
2 | | collectively engage in or have engaged in a pattern of |
3 | | criminal activity.
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4 | | Beginning July 1, 1994, for purposes of this Section, |
5 | | "criminal street
gang" has the meaning ascribed to it in |
6 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus |
7 | | Prevention Act.
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8 | | (3) Judges, hearing officers, prosecutors, public |
9 | | defenders, probation officers, social
workers, or other
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10 | | individuals assigned by the court to conduct a |
11 | | pre-adjudication or pre-disposition
investigation, and |
12 | | individuals responsible for supervising
or providing |
13 | | temporary or permanent care and custody for minors under |
14 | | the order of the juvenile court when essential to |
15 | | performing their
responsibilities.
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16 | | (4) Judges, federal, State, and local prosecutors, |
17 | | public defenders, probation officers, and designated |
18 | | staff:
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19 | | (a) in the course of a trial when institution of |
20 | | criminal proceedings
has been permitted or required |
21 | | under Section 5-805;
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22 | | (b) when criminal proceedings have been permitted
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23 | | or
required under Section 5-805 and a minor is the |
24 | | subject of a
proceeding to
determine the conditions of |
25 | | pretrial release;
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26 | | (c) when criminal proceedings have been permitted
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1 | | or
required under Section 5-805 and a minor is the |
2 | | subject of a
pre-trial
investigation, pre-sentence |
3 | | investigation or fitness hearing, or
proceedings on an |
4 | | application for probation; or
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5 | | (d) when a minor becomes 18 years of age or older, |
6 | | and is the subject
of criminal proceedings, including |
7 | | a hearing to determine the conditions of pretrial |
8 | | release, a pre-trial investigation, a pre-sentence |
9 | | investigation, a fitness
hearing, or proceedings on an |
10 | | application for probation.
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11 | | (5) Adult and Juvenile Prisoner Review Boards.
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12 | | (6) Authorized military personnel.
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13 | | (6.5) Employees of the federal government authorized |
14 | | by law. |
15 | | (7) Victims, their subrogees and legal |
16 | | representatives; however, such
persons shall have access |
17 | | only to the name and address of the minor and
information |
18 | | pertaining to the disposition or alternative adjustment |
19 | | plan
of the juvenile court.
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20 | | (8) Persons engaged in bona fide research, with the |
21 | | permission of the
presiding judge of the juvenile court |
22 | | and the chief executive of the agency
that prepared the |
23 | | particular records; provided that publication of such
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24 | | research results in no disclosure of a minor's identity |
25 | | and protects the
confidentiality of the record.
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26 | | (9) The Secretary of State to whom the Clerk of the |
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1 | | Court shall report
the disposition of all cases, as |
2 | | required in Section 6-204 of the Illinois
Vehicle Code. |
3 | | However, information reported relative to these offenses |
4 | | shall
be privileged and available only to the Secretary of |
5 | | State, courts, and police
officers.
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6 | | (10) The administrator of a bonafide substance abuse |
7 | | student
assistance program with the permission of the |
8 | | presiding judge of the
juvenile court.
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9 | | (11) Mental health professionals on behalf of the |
10 | | Department of
Corrections or the Department of Human |
11 | | Services or prosecutors who are
evaluating, prosecuting, |
12 | | or investigating a potential or actual petition
brought
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13 | | under the Sexually Violent Persons Commitment Act relating |
14 | | to a person who is the
subject of
juvenile court records or |
15 | | the respondent to a petition brought under
the
Sexually |
16 | | Violent Persons Commitment Act, who is the subject of |
17 | | juvenile
court records
sought. Any records and any |
18 | | information obtained from those records under this
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19 | | paragraph (11) may be used only in sexually violent |
20 | | persons commitment
proceedings.
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21 | | (12) (Blank). Collection agencies, contracted or |
22 | | otherwise engaged by a governmental entity, to collect any |
23 | | debts due and owing to the governmental entity. |
24 | | (A-1) Findings and exclusions of paternity entered in |
25 | | proceedings occurring under Article II of this Act shall be |
26 | | disclosed, in a manner and form approved by the Presiding |
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1 | | Judge of the Juvenile Court, to the Department of Healthcare |
2 | | and Family Services when necessary to discharge the duties of |
3 | | the Department of Healthcare and Family Services under Article |
4 | | X of the Illinois Public Aid Code. |
5 | | (B) A minor who is the victim in a juvenile proceeding |
6 | | shall be
provided the same confidentiality regarding |
7 | | disclosure of identity as the
minor who is the subject of |
8 | | record.
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9 | | (C)(0.1) In cases where the records concern a pending |
10 | | juvenile court case, the requesting party seeking to inspect |
11 | | the juvenile court records shall provide actual notice to the |
12 | | attorney or guardian ad litem of the minor whose records are |
13 | | sought. |
14 | | (0.2) In cases where the juvenile court records concern a |
15 | | juvenile court case that is no longer pending, the requesting |
16 | | party seeking to inspect the juvenile court records shall |
17 | | provide actual notice to the minor or the minor's parent or |
18 | | legal guardian, and the matter shall be referred to the chief |
19 | | judge presiding over matters pursuant to this Act. |
20 | | (0.3) In determining whether juvenile court records should |
21 | | be made available for inspection and whether inspection should |
22 | | be limited to certain parts of the file, the court shall |
23 | | consider the minor's interest in confidentiality and |
24 | | rehabilitation over the requesting party's interest in |
25 | | obtaining the information. The State's Attorney, the minor, |
26 | | and the minor's parents, guardian, and counsel shall at all |
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1 | | times have the right to examine court files and records. |
2 | | (0.4) Any records obtained in violation of this Section |
3 | | shall not be admissible in any criminal or civil proceeding, |
4 | | or operate to disqualify a minor from subsequently holding |
5 | | public office, or operate as a forfeiture of any public |
6 | | benefit, right, privilege, or right to receive any license |
7 | | granted by public authority.
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8 | | (D) Pending or following any adjudication of delinquency |
9 | | for
any offense defined
in Sections 11-1.20 through 11-1.60 or |
10 | | 12-13 through 12-16 of the Criminal Code of 1961 or the |
11 | | Criminal Code of 2012,
the victim of any such offense shall |
12 | | receive the
rights set out in Sections 4 and 6 of the Bill of
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13 | | Rights for Victims and Witnesses of Violent Crime Act; and the
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14 | | juvenile who is the subject of the adjudication, |
15 | | notwithstanding any other
provision of this Act, shall be |
16 | | treated
as an adult for the purpose of affording such rights to |
17 | | the victim.
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18 | | (E) Nothing in this Section shall affect the right of a |
19 | | Civil Service
Commission or appointing authority of the |
20 | | federal government, or any state, county, or municipality
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21 | | examining the character and fitness of
an applicant for |
22 | | employment with a law enforcement
agency, correctional |
23 | | institution, or fire department to
ascertain
whether that |
24 | | applicant was ever adjudicated to be a delinquent minor and,
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25 | | if so, to examine the records of disposition or evidence which |
26 | | were made in
proceedings under this Act.
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1 | | (F) Following any adjudication of delinquency for a crime |
2 | | which would be
a felony if committed by an adult, or following |
3 | | any adjudication of delinquency
for a violation of Section |
4 | | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the |
5 | | Criminal Code of 2012, the State's Attorney shall ascertain
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6 | | whether the minor respondent is enrolled in school and, if so, |
7 | | shall provide
a copy of the dispositional order to the |
8 | | principal or chief administrative
officer of the school. |
9 | | Access to the dispositional order shall be limited
to the |
10 | | principal or chief administrative officer of the school and |
11 | | any school
counselor designated by him or her.
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12 | | (G) Nothing contained in this Act prevents the sharing or
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13 | | disclosure of information or records relating or pertaining to |
14 | | juveniles
subject to the provisions of the Serious Habitual |
15 | | Offender Comprehensive
Action Program when that information is |
16 | | used to assist in the early
identification and treatment of |
17 | | habitual juvenile offenders.
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18 | | (H) When a court hearing a proceeding under Article II of |
19 | | this Act becomes
aware that an earlier proceeding under |
20 | | Article II had been heard in a different
county, that court |
21 | | shall request, and the court in which the earlier
proceedings |
22 | | were initiated shall transmit, an authenticated copy of the |
23 | | juvenile court
record, including all documents, petitions, and |
24 | | orders filed and the
minute orders, transcript of proceedings, |
25 | | and docket entries of the court.
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26 | | (I) The Clerk of the Circuit Court shall report to the |
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1 | | Illinois
State
Police, in the form and manner required by the |
2 | | Illinois State Police, the
final disposition of each minor who |
3 | | has been arrested or taken into custody
before his or her 18th |
4 | | birthday for those offenses required to be reported
under |
5 | | Section 5 of the Criminal Identification Act. Information |
6 | | reported to
the Department under this Section may be |
7 | | maintained with records that the
Department files under |
8 | | Section 2.1 of the Criminal Identification Act.
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9 | | (J) The changes made to this Section by Public Act 98-61 |
10 | | apply to juvenile law enforcement records of a minor who has |
11 | | been arrested or taken into custody on or after January 1, 2014 |
12 | | (the effective date of Public Act 98-61). |
13 | | (K) Willful violation of this Section is a Class C |
14 | | misdemeanor and each violation is subject to a fine of $1,000. |
15 | | This subsection (K) shall not apply to the person who is the |
16 | | subject of the record. |
17 | | (L) A person convicted of violating this Section is liable |
18 | | for damages in the amount of $1,000 or actual damages, |
19 | | whichever is greater. |
20 | | (Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21; |
21 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22 .) |
22 | | (705 ILCS 405/1-19 new) |
23 | | Sec. 1-19. Fines, assessments, civil judgments, and |
24 | | outstanding balances owed by minors or their parents, |
25 | | guardians, or legal custodians; report. |
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1 | | (a) Except for restitution and assessments issued for |
2 | | adjudications under Section 5-125 of this Act, fines and |
3 | | assessments, such as fees or administrative costs, shall not |
4 | | be ordered or imposed on the following individuals as of the |
5 | | effective date of this amendatory Act of the 103rd General |
6 | | Assembly: |
7 | | (1) a minor subject to Article III, IV, or V of this |
8 | | Act, or the minor's parent, guardian, or legal custodian; |
9 | | or |
10 | | (2) a minor under the age of 18 transferred to adult |
11 | | court or excluded from juvenile court jurisdiction under |
12 | | Article V of this Act, or the minor's parent, guardian, or |
13 | | legal custodian. |
14 | | (b) Except for restitution and assessments issued for |
15 | | adjudications under Section 5-125 of this Act, all unsatisfied |
16 | | civil judgments, outstanding balances for fines, and |
17 | | outstanding balances for assessments, such as fees or |
18 | | administrative costs, including interest, penalties, or |
19 | | collection fees entered prior to the effective date of this |
20 | | amendatory Act of the 103rd General Assembly in cases pursuant |
21 | | to subsection (a) of this Section, are null, void, satisfied, |
22 | | and not collectible. |
23 | | (c) Except for restitution and assessments issued for |
24 | | adjudications under Section 5-125 of this Act, within one year |
25 | | of the effective date of this amendatory Act of the 103rd |
26 | | General Assembly, the circuit court clerk of each county shall |
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1 | | discharge and waive 100% of all outstanding balances for |
2 | | unsatisfied civil judgments, unpaid fines, and unpaid |
3 | | assessments such as fees or administrative costs, including |
4 | | interest, penalties, or collection fees, entered against a |
5 | | minor or the minor's parent, guardian, or legal custodian in |
6 | | the following: |
7 | | (1) cases involving a minor subject to Article III, |
8 | | IV, or V of this Act; and |
9 | | (2) cases involving a minor under the age of 18 |
10 | | transferred to adult court or excluded from juvenile court |
11 | | jurisdiction under Article V of this Act. |
12 | | (d) Within 30 calendar days after the effective date of |
13 | | this amendatory Act of the 103rd General Assembly, the State's |
14 | | Attorney or circuit court clerk in each county shall provide |
15 | | written notice to collection agencies contracted or assigned |
16 | | to collect outstanding balances in cases pursuant to this |
17 | | Section that outstanding balances for unsatisfied civil |
18 | | judgments, unpaid fines, and unpaid assessments such as fees |
19 | | or administrative costs, including interest, penalties, or |
20 | | collection fees, are null, void, satisfied, and not |
21 | | collectible as of the effective date of this amendatory Act of |
22 | | the 103rd General Assembly. |
23 | | (e) If a payment is made by a minor or his or her parent, |
24 | | guardian, or legal custodian on or after the effective date of |
25 | | this amendatory Act of the 103rd General Assembly, the circuit |
26 | | court clerk shall reimburse payments made towards unsatisfied |
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1 | | civil judgments, unpaid fines, or unpaid assessments such as |
2 | | fees or administrative costs, including interest, penalties, |
3 | | or collection fees, made null, void, satisfied, and |
4 | | uncollectible by this amendatory Act of the 103rd General |
5 | | Assembly. |
6 | | (f) Within one year of the effective date of this |
7 | | amendatory Act of the 103rd General Assembly, the circuit |
8 | | court clerk of each county shall report to the Illinois |
9 | | Juvenile Justice Commission the following data, in a form and |
10 | | manner to be determined by the Commission, specific to all |
11 | | outstanding balances for unsatisfied civil judgments, unpaid |
12 | | fines, and unpaid assessments, such as fees or administrative |
13 | | costs, made null, void, satisfied, and not collectible by this |
14 | | amendatory Act of the 103rd General Assembly: |
15 | | (1) As of the effective date of this amendatory Act of |
16 | | the 103rd General Assembly, the total number of cases or |
17 | | individuals pursuant to this amendatory Act of the 103rd |
18 | | General Assembly which: |
19 | | (A) have outstanding balances; and |
20 | | (B) have outstanding balances converted into civil |
21 | | judgments; |
22 | | (2) The number of cases or individuals with |
23 | | outstanding balances discharged and waived pursuant to |
24 | | this amendatory Act of the 103rd General Assembly; and |
25 | | (3) The total amount of outstanding balances |
26 | | discharged and waived pursuant to this amendatory Act of |
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1 | | the 103rd General Assembly for the following: |
2 | | (A) unsatisfied civil judgments; |
3 | | (B) unpaid fines; and |
4 | | (C) unpaid assessments, such as fees or |
5 | | administrative costs. "; and |
6 | | by replacing lines 1 through 3 on page 48 with the following: |
7 | | " (8) Fines or assessments, such as fees or administrative |
8 | | costs, in the service of process shall not be ordered or |
9 | | imposed on a minor or a minor's parent, guardian, or legal |
10 | | custodian. "; and |
11 | | on page 58, line 5, by replacing " The Court shall not order |
12 | | fees or fines " with " Fines or assessments, such as fees or |
13 | | administrative costs, shall not be ordered or imposed "; and |
14 | | by replacing lines 12 through 14 on page 60 with the following: |
15 | | " (8) Fines or assessments, such as fees or administrative |
16 | | costs, in the service of process shall not be ordered or |
17 | | imposed on a minor or a minor's parent, guardian, or legal |
18 | | custodian. "; and |
19 | | by replacing lines 24 through 26 on page 72 with the following: |
20 | | " (5) Fines or assessments, such as fees or administrative |
21 | | costs in the service of process, shall not be ordered or |
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1 | | imposed on a minor or a minor's parent, guardian, or legal |
2 | | custodian. "; and |
3 | | by replacing lines 7 through 12 on page 82 with the following: |
4 | | " (12) Fines and assessments, including any fee or |
5 | | administrative cost authorized under Section 5-4.5-105, |
6 | | 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the |
7 | | Unified Code of Corrections, shall not be ordered or imposed |
8 | | on a minor or the minor's parent, guardian, or legal custodian |
9 | | as a condition of continuance under supervision. If the "; and |
10 | | by replacing lines 8 through 13 on page 94 with the following: |
11 | | " (13) Fines and assessments, including any fee or |
12 | | administrative cost authorized under Section 5-4.5-105, |
13 | | 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the |
14 | | Unified Code of Corrections, relating to any sentencing order |
15 | | shall not be ordered or imposed on a minor or the minor's |
16 | | parent, guardian, or legal custodian. The inability of a |
17 | | minor, or "; and |
18 | | by replacing lines 7 through 13 on page 102 with the following: |
19 | | " (7) Fines and assessments, including any fee or |
20 | | administrative cost authorized under Section 5-4.5-105, |
21 | | 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the |
22 | | Unified Code of Corrections, shall not be ordered or imposed |
23 | | on a minor or the minor's parent, guardian, or legal custodian |
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1 | | as a condition of probation, conditional discharge, or |
2 | | supervision. If the minor or the minor's parent, guardian, |
3 | | or "; and |
4 | | by replacing line 25 on page 114 through line 2 on page 115 |
5 | | with the following: |
6 | | " Costs associated with detention, legal representation, or |
7 | | other services or programs under Article III, IV, or V of this |
8 | | Act shall not be ordered or imposed on a parent, guardian, or |
9 | | legal custodian liable under the law for the support of a |
10 | | minor. "; and |
11 | | on page 119, lines 10 and 11, by replacing " The court shall not |
12 | | order any fees, fines, or administrative costs under this |
13 | | Section " with " Fines and assessments, such as fees or |
14 | | administrative costs, under this Section shall not be ordered |
15 | | or imposed "; and |
16 | | on page 123, lines 22 and 23, by replacing " The court shall not |
17 | | order any fees, fines, or administrative costs " with " Fines |
18 | | and assessments, such as fees or administrative costs, shall |
19 | | not be ordered or imposed "; and |
20 | | on page 128, lines 14 and 15, by replacing " The court shall not |
21 | | order fees, fines, or administrative costs " with " Fines and |
22 | | assessments, such as fees or administrative costs, shall not |
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1 | | be ordered or imposed "; and |
2 | | on page 131, lines 12 and 13, by replacing " The court shall not |
3 | | order fines or any other applicable assessments authorized |
4 | | under this Section " with " Fines and assessments, such as fees |
5 | | or administrative costs, authorized under this Section shall |
6 | | not be ordered or imposed "; and |
7 | | on page 135, lines 10 and 11, by replacing " The court shall not |
8 | | order fees, fines, costs or any other assessments authorized |
9 | | under this Section " with " Fines and assessments, such as fees |
10 | | or administrative costs, authorized under this Section shall |
11 | | not be ordered or imposed "; and |
12 | | on page 135, line 21, by replacing "and 5-9-1.9" with |
13 | | "5-9-1.9, and 5-9-3"; and |
14 | | on page 138, lines 4 and 5, by replacing " The court shall not |
15 | | order any fees, fines, or administrative costs " with " Fines |
16 | | and assessments, such as fees or administrative costs, shall |
17 | | not be ordered or imposed "; and |
18 | | on page 162, lines 6 through 8, by replacing " the court shall |
19 | | not order any fees, fines, costs, or other applicable |
20 | | assessments authorized under this Section against " with " and |
21 | | assessments issued for adjudications under Section 5-125 of |
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1 | | the Juvenile Court Act of 1987, fines and assessments, such as |
2 | | fees or administrative costs, authorized under this Section |
3 | | shall not be ordered or imposed on "; and |
4 | | on page 178, lines 21 through 23, by replacing " the court shall |
5 | | not order any fees, fines, costs, or other applicable |
6 | | assessments authorized under this Section against " with " and |
7 | | assessments issued for adjudications under Section 5-125 of |
8 | | the Juvenile Court Act of 1987, fines and assessments, such as |
9 | | fees or administrative costs, authorized under this Section |
10 | | shall not be ordered or imposed on "; and |
11 | | on page 181, lines 23 and 24, by replacing " The court shall not |
12 | | order any fees, fines, costs, or other applicable assessments |
13 | | authorized under this Section against " with " Fines and |
14 | | assessments, such as fees or administrative costs, authorized |
15 | | under this Section shall not be ordered or imposed on "; and |
16 | | on page 182, lines 20 through 21, by replacing " The court shall |
17 | | not order any costs authorized under this Section against " |
18 | | with " Fines and assessments, such as fees or administrative |
19 | | costs, authorized under this Section shall not be ordered or |
20 | | imposed on "; and |
21 | | by replacing lines 2 through 4 on page 184 with the following: |
22 | | " (c-1) A criminal laboratory analysis assessment, or |
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1 | | equivalent fine or assessment, such as fees or administrative |
2 | | costs, shall not be ordered or imposed on a minor subject to |
3 | | Article III, IV, or "; and |
4 | | by replacing line 26 on page 187 through line 2 on page 188 |
5 | | with the following: |
6 | | " (c-1) A criminal laboratory DUI analysis assessment, or |
7 | | equivalent fine or assessment, such as fees or administrative |
8 | | costs, shall not be ordered or imposed on a minor subject to |
9 | | Article III, IV, "; and |
10 | | on page 190, below line 20, by inserting the following:
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11 | | "(730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
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12 | | Sec. 5-9-3. Default.
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13 | | (a) An offender who defaults in the payment of a fine or
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14 | | any
installment of that fine may be held in contempt and |
15 | | imprisoned for nonpayment. The
court may issue a summons for |
16 | | his appearance or a warrant of arrest.
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17 | | (b) Unless the offender shows that his default was not due |
18 | | to his
intentional refusal to pay, or not due to a failure on |
19 | | his part to make a
good faith effort to pay, the court may |
20 | | order the offender imprisoned for a
term not to exceed 6 months |
21 | | if the fine was for a felony, or 30 days if the
fine was for a |
22 | | misdemeanor, a petty offense or a business offense. Payment
of |
23 | | the fine at any time will entitle the offender to be released, |
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1 | | but
imprisonment under this Section shall not satisfy the |
2 | | payment of the fine.
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3 | | (c) If it appears that the default in the payment of a fine |
4 | | is not
intentional under paragraph (b) of this Section, the |
5 | | court may enter an
order allowing the offender additional time |
6 | | for payment, reducing the
amount of the fine or of each |
7 | | installment, or revoking the fine or the
unpaid portion.
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8 | | (d) When a fine is imposed on a corporation or |
9 | | unincorporated
organization or association, it is the duty of |
10 | | the person or persons
authorized to make disbursement of |
11 | | assets, and their superiors, to pay the
fine from assets of the |
12 | | corporation or unincorporated organization or
association. The |
13 | | failure of such persons to do so shall render them subject
to |
14 | | proceedings under paragraphs (a) and (b) of this Section.
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15 | | (e) A default in the payment of a fine, fee, cost, order of |
16 | | restitution, judgment of bond forfeiture, judgment order of |
17 | | forfeiture, or any installment thereof
may be
collected by any |
18 | | and all means authorized for the collection of money |
19 | | judgments. The State's Attorney of the county in which the |
20 | | fine, fee, cost, order of restitution, judgment of bond |
21 | | forfeiture, or judgment order of forfeiture was imposed may |
22 | | retain
attorneys and private collection agents for the purpose |
23 | | of collecting any
default in payment of any fine, fee, cost, |
24 | | order of restitution, judgment of bond forfeiture, judgment |
25 | | order of forfeiture, or installment thereof. An additional fee |
26 | | of 30% of the delinquent amount and each taxable court cost |
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1 | | including, without limitation, costs of service of process, |
2 | | shall be charged to the offender for any amount of the fine, |
3 | | fee, cost, restitution, or judgment of bond forfeiture or |
4 | | installment of the fine, fee, cost, restitution, or judgment |
5 | | of bond forfeiture that remains unpaid after the time fixed |
6 | | for payment of the fine, fee, cost, restitution, or judgment |
7 | | of bond forfeiture by the court. The additional fee shall be |
8 | | payable to the State's Attorney in order to compensate the |
9 | | State's Attorney for costs incurred in collecting the |
10 | | delinquent amount. The State's Attorney may enter into |
11 | | agreements assigning any portion of the fee to the retained |
12 | | attorneys or the private collection agent retained by the |
13 | | State's Attorney. Any agreement between the State's Attorney |
14 | | and the retained attorneys or collection agents shall require |
15 | | the approval of the Circuit Clerk of that county. A default in |
16 | | payment of a fine, fee, cost, restitution, or judgment of bond |
17 | | forfeiture shall draw interest at the rate of 9% per annum.
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18 | | (f) This Section does not apply against a minor or the |
19 | | minor's parent, guardian, or legal custodian in cases subject |
20 | | to Article III, IV, or V of the Juvenile Court Act of 1987, or |
21 | | a minor under the age of 18 transferred to adult court or |
22 | | excluded from juvenile court jurisdiction under Article V of |
23 | | the Juvenile Court Act of 1987. |
24 | | (Source: P.A. 98-373, eff. 1-1-14.)".
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