97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0556

 

Introduced 1/31/2011, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/4-2002.1  from Ch. 34, par. 4-2002.1

    Amends the Counties Code. Makes a technical change in a Section concerning State's attorney fees in counties of 3,000,000 or more.


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A BILL FOR

 

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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
54-2002.1 as follows:
 
6    (55 ILCS 5/4-2002.1)  (from Ch. 34, par. 4-2002.1)
7    Sec. 4-2002.1. State's attorney fees in counties of
83,000,000 or more population. This Section applies only to
9counties with 3,000,000 or more inhabitants.
10    (a) State's attorneys shall be entitled to the the
11following fees:
12    For each conviction in prosecutions on indictments for
13first degree murder, second degree murder, involuntary
14manslaughter, criminal sexual assault, aggravated criminal
15sexual assault, aggravated criminal sexual abuse, kidnapping,
16arson and forgery, $60. All other cases punishable by
17imprisonment in the penitentiary, $60.
18    For each conviction in other cases tried before judges of
19the circuit court, $30; except that if the conviction is in a
20case which may be assigned to an associate judge, whether or
21not it is in fact assigned to an associate judge, the fee shall
22be $20.
23    For preliminary examinations for each defendant held to

 

 

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1bail or recognizance, $20.
2    For each examination of a party bound over to keep the
3peace, $20.
4    For each defendant held to answer in a circuit court on a
5charge of paternity, $20.
6    For each trial on a charge of paternity, $60.
7    For each case of appeal taken from his county or from the
8county to which a change of venue is taken to his county to the
9Supreme or Appellate Court when prosecuted or defended by him,
10$100.
11    For each day actually employed in the trial of a case, $50;
12in which case the court before whom the case is tried shall
13make an order specifying the number of days for which a per
14diem shall be allowed.
15    For each day actually employed in the trial of cases of
16felony arising in their respective counties and taken by change
17of venue to another county, $50; and the court before whom the
18case is tried shall make an order specifying the number of days
19for which said per diem shall be allowed; and it is hereby made
20the duty of each State's attorney to prepare and try each case
21of felony arising when so taken by change of venue.
22    For assisting in a trial of each case on an indictment for
23felony brought by change of venue to their respective counties,
24the same fees they would be entitled to if such indictment had
25been found for an offense committed in his county, and it shall
26be the duty of the State's attorney of the county to which such

 

 

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1cause is taken by change of venue to assist in the trial
2thereof.
3    For each case of forfeited recognizance where the
4forfeiture is set aside at the instance of the defense, in
5addition to the ordinary costs, $20 for each defendant.
6    For each proceeding in a circuit court to inquire into the
7alleged mental illness of any person, $20 for each defendant.
8    For each proceeding in a circuit court to inquire into the
9alleged dependency or delinquency of any child, $20.
10    For each day actually employed in the hearing of a case of
11habeas corpus in which the people are interested, $50.
12    All the foregoing fees shall be taxed as costs to be
13collected from the defendant, if possible, upon conviction. But
14in cases of inquiry into the mental illness of any person
15alleged to be mentally ill, in cases on a charge of paternity
16and in cases of appeal in the Supreme or Appellate Court, where
17judgment is in favor of the accused, the fees allowed the
18State's attorney therein shall be retained out of the fines and
19forfeitures collected by them in other cases.
20    Ten per cent of all moneys except revenue, collected by
21them and paid over to the authorities entitled thereto, which
22per cent together with the fees provided for herein that are
23not collected from the parties tried or examined, shall be paid
24out of any fines and forfeited recognizances collected by them,
25provided however, that in proceedings to foreclose the lien of
26delinquent real estate taxes State's attorneys shall receive a

 

 

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1fee, to be credited to the earnings of their office, of 10% of
2the total amount realized from the sale of real estate sold in
3such proceedings. Such fees shall be paid from the total amount
4realized from the sale of the real estate sold in such
5proceedings.
6    State's attorneys shall have a lien for their fees on all
7judgments for fines or forfeitures procured by them and on
8moneys except revenue received by them until such fees and
9earnings are fully paid.
10    No fees shall be charged on more than 10 counts in any one
11indictment or information on trial and conviction; nor on more
12than 10 counts against any one defendant on pleas of guilty.
13    The Circuit Court may direct that of all monies received,
14by restitution or otherwise, which monies are ordered paid to
15the Department of Healthcare and Family Services (formerly
16Department of Public Aid) or the Department of Human Services
17(acting as successor to the Department of Public Aid under the
18Department of Human Services Act) as a direct result of the
19efforts of the State's attorney and which payments arise from
20Civil or Criminal prosecutions involving the Illinois Public
21Aid Code or the Criminal Code, the following amounts shall be
22paid quarterly by the Department of Healthcare and Family
23Services or the Department of Human Services to the General
24Corporate Fund of the County in which the prosecution or cause
25of action took place:
26        (1) where the monies result from child support

 

 

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1    obligations, not less than 25% of the federal share of the
2    monies received,
3        (2) where the monies result from other than child
4    support obligations, not less than 25% of the State's share
5    of the monies received.
6    In addition to any other amounts to which State's Attorneys
7are entitled under this Section, State's Attorneys are entitled
8to $10 of the fine that is imposed under Section 5-9-1.17 of
9the Unified Code of Corrections, as set forth in that Section.
10    (b) A municipality shall be entitled to a $25 prosecution
11fee for each conviction for a violation of the Illinois Vehicle
12Code prosecuted by the municipal attorney pursuant to Section
1316-102 of that Code which is tried before a circuit or
14associate judge and shall be entitled to a $25 prosecution fee
15for each conviction for a violation of a municipal vehicle
16ordinance prosecuted by the municipal attorney which is tried
17before a circuit or associate judge. Such fee shall be taxed as
18costs to be collected from the defendant, if possible, upon
19conviction. A municipality shall have a lien for such
20prosecution fees on all judgments or fines procured by the
21municipal attorney from prosecutions for violations of the
22Illinois Vehicle Code and municipal vehicle ordinances.
23    For the purposes of this subsection (b), "municipal vehicle
24ordinance" means any ordinance enacted pursuant to Sections
2511-40-1, 11-40-2, 11-40-2a, and 11-40-3 of the Illinois
26Municipal Code or any ordinance enacted by a municipality which

 

 

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1is similar to a provision of Chapter 11 of the Illinois Vehicle
2Code.
3(Source: P.A. 95-331, eff. 8-21-07; 96-707, eff. 1-1-10;
496-1186, eff. 7-22-10.)