SB1697 EngrossedLRB097 05391 KMW 45449 b

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 as follows:
 
6    (55 ILCS 5/4-2002)  (from Ch. 34, par. 4-2002)
7    Sec. 4-2002. State's attorney fees in counties under
83,000,000 population. This Section applies only to counties
9with fewer than 3,000,000 inhabitants.
10    (a) State's attorneys shall be entitled to the following
11fees, however, the fee requirement of this subsection does not
12apply to county boards:
13    For each conviction in prosecutions on indictments for
14first degree murder, second degree murder, involuntary
15manslaughter, criminal sexual assault, aggravated criminal
16sexual assault, aggravated criminal sexual abuse, kidnapping,
17arson and forgery, $30. All other cases punishable by
18imprisonment in the penitentiary, $30.
19    For each conviction in other cases tried before judges of
20the circuit court, $15; except that if the conviction is in a
21case which may be assigned to an associate judge, whether or
22not it is in fact assigned to an associate judge, the fee shall
23be $10.

 

 

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1    For preliminary examinations for each defendant held to
2bail or recognizance, $10.
3    For each examination of a party bound over to keep the
4peace, $10.
5    For each defendant held to answer in a circuit court on a
6charge of paternity, $10.
7    For each trial on a charge of paternity, $30.
8    For each case of appeal taken from his county or from the
9county to which a change of venue is taken to his county to the
10Supreme or Appellate Court when prosecuted or defended by him,
11$50.
12    For each day actually employed in the trial of a case, $25;
13in which case the court before whom the case is tried shall
14make an order specifying the number of days for which a per
15diem shall be allowed.
16    For each day actually employed in the trial of cases of
17felony arising in their respective counties and taken by change
18of venue to another county, $25; and the court before whom the
19case is tried shall make an order specifying the number of days
20for which said per diem shall be allowed; and it is hereby made
21the duty of each State's attorney to prepare and try each case
22of felony arising when so taken by change of venue.
23    For assisting in a trial of each case on an indictment for
24felony brought by change of venue to their respective counties,
25the same fees they would be entitled to if such indictment had
26been found for an offense committed in his county, and it shall

 

 

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1be the duty of the State's attorney of the county to which such
2cause is taken by change of venue to assist in the trial
3thereof.
4    For each case of forfeited recognizance where the
5forfeiture is set aside at the instance of the defense, in
6addition to the ordinary costs, $10 for each defendant.
7    For each proceeding in a circuit court to inquire into the
8alleged mental illness of any person, $10 for each defendant.
9    For each proceeding in a circuit court to inquire into the
10alleged dependency or delinquency of any child, $10.
11    For each day actually employed in the hearing of a case of
12habeas corpus in which the people are interested, $25.
13    For each violation of the Criminal Code of 1961 and the
14Illinois Vehicle Code in which a defendant has entered a plea
15of guilty or a defendant has stipulated to the facts supporting
16the charge or a finding of guilt and the court has entered an
17order of supervision, $10.
18    State's attorneys shall be entitled to a $2 fee to be paid
19by the defendant on a judgment of guilty or a grant of
20supervision for a violation of any provision of the Illinois
21Vehicle Code or any felony, misdemeanor, or petty offense to
22discharge the expenses of the State's Attorney's office for
23establishing and maintaining automated record keeping systems.
24The fee shall be remitted monthly to the county treasurer, to
25be deposited by him or her into a special fund designated as
26the State's Attorney Records Automation Fund. Expenditures

 

 

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1from this fund may be made by the State's Attorney for
2hardware, software, research, and development costs and
3personnel related thereto.
4    All the foregoing fees shall be taxed as costs to be
5collected from the defendant, if possible, upon conviction. But
6in cases of inquiry into the mental illness of any person
7alleged to be mentally ill, in cases on a charge of paternity
8and in cases of appeal in the Supreme or Appellate Court, where
9judgment is in favor of the accused, the fees allowed the
10State's attorney therein shall be retained out of the fines and
11forfeitures collected by them in other cases.
12    Ten per cent of all moneys except revenue, collected by
13them and paid over to the authorities entitled thereto, which
14per cent together with the fees provided for herein that are
15not collected from the parties tried or examined, shall be paid
16out of any fines and forfeited recognizances collected by them,
17provided however, that in proceedings to foreclose the lien of
18delinquent real estate taxes State's attorneys shall receive a
19fee, to be credited to the earnings of their office, of 10% of
20the total amount realized from the sale of real estate sold in
21such proceedings. Such fees shall be paid from the total amount
22realized from the sale of the real estate sold in such
23proceedings.
24    State's attorneys shall have a lien for their fees on all
25judgments for fines or forfeitures procured by them and on
26moneys except revenue received by them until such fees and

 

 

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1earnings are fully paid.
2    No fees shall be charged on more than 10 counts in any one
3indictment or information on trial and conviction; nor on more
4than 10 counts against any one defendant on pleas of guilty.
5    The Circuit Court may direct that of all monies received,
6by restitution or otherwise, which monies are ordered paid to
7the Department of Healthcare and Family Services (formerly
8Department of Public Aid) or the Department of Human Services
9(acting as successor to the Department of Public Aid under the
10Department of Human Services Act) as a direct result of the
11efforts of the State's attorney and which payments arise from
12Civil or Criminal prosecutions involving the Illinois Public
13Aid Code or the Criminal Code, the following amounts shall be
14paid quarterly by the Department of Healthcare and Family
15Services or the Department of Human Services to the General
16Corporate Fund of the County in which the prosecution or cause
17of action took place:
18        (1) where the monies result from child support
19    obligations, not more than 25% of the federal share of the
20    monies received,
21        (2) where the monies result from other than child
22    support obligations, not more than 25% of the State's share
23    of the monies received.
24    In addition to any other amounts to which State's Attorneys
25are entitled under this Section, State's Attorneys are entitled
26to $10 of the fine that is imposed under Section 5-9-1.17 of

 

 

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1the Unified Code of Corrections, as set forth in that Section.
2    (b) A municipality shall be entitled to a $25 prosecution
3fee for each conviction for a violation of the Illinois Vehicle
4Code prosecuted by the municipal attorney pursuant to Section
516-102 of that Code which is tried before a circuit or
6associate judge and shall be entitled to a $25 prosecution fee
7for each conviction for a violation of a municipal vehicle
8ordinance or nontraffic ordinance prosecuted by the municipal
9attorney which is tried before a circuit or associate judge.
10Such fee shall be taxed as costs to be collected from the
11defendant, if possible, upon conviction. A municipality shall
12have a lien for such prosecution fees on all judgments or fines
13procured by the municipal attorney from prosecutions for
14violations of the Illinois Vehicle Code and municipal vehicle
15ordinances or nontraffic ordinances.
16    For the purposes of this subsection (b), "municipal vehicle
17ordinance" means any ordinance enacted pursuant to Sections
1811-40-1, 11-40-2, 11-40-2a and 11-40-3 of the Illinois
19Municipal Code or any ordinance enacted by a municipality which
20is similar to a provision of Chapter 11 of the Illinois Vehicle
21Code.
22(Source: P.A. 95-331, eff. 8-21-07; 95-385, eff. 1-1-08;
2396-707, eff. 1-1-10; 96-1186, eff. 7-22-10.)