Rep. Constance A. Howard

Filed: 5/19/2011

 

 


 

 


 
09700SB1697ham002LRB097 05391 RLC 55793 a

1
AMENDMENT TO SENATE BILL 1697

2    AMENDMENT NO. ______. Amend Senate Bill 1697 on page 1, by
3replacing lines 4 through 5 with the following:
 
4    "Section 5. The Counties Code is amended by changing
5Sections 4-2002 and 4-2002.1 and by adding Section 3-4012 as
6follows:
 
7    (55 ILCS 5/3-4012 new)
8    Sec. 3-4012. Public defender's fees in counties of
93,000,000 or more population. The Cook County Public Defender
10shall be entitled to a $2 fee to be paid by the defendant on a
11judgment of guilty or a grant of supervision for a violation of
12any provision of the Illinois Vehicle Code or any felony,
13misdemeanor, or petty offense to discharge the expenses of the
14Cook County Public Defender's office for establishing and
15maintaining automated record keeping systems. The fee shall be
16remitted monthly to the county treasurer, to be deposited by

 

 

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1him or her into a special fund designated as the Public
2Defender Records Automation Fund. Expenditures from this fund
3may be made by the Public Defender for hardware, software,
4research, and development costs and personnel related
5thereto."; and
 
6on page 6, immediately below line 23, by inserting the
7following:
 
8    "(55 ILCS 5/4-2002.1)  (from Ch. 34, par. 4-2002.1)
9    Sec. 4-2002.1. State's attorney fees in counties of
103,000,000 or more population. This Section applies only to
11counties with 3,000,000 or more inhabitants.
12    (a) State's attorneys shall be entitled to the following
13fees:
14    For each conviction in prosecutions on indictments for
15first degree murder, second degree murder, involuntary
16manslaughter, criminal sexual assault, aggravated criminal
17sexual assault, aggravated criminal sexual abuse, kidnapping,
18arson and forgery, $60. All other cases punishable by
19imprisonment in the penitentiary, $60.
20    For each conviction in other cases tried before judges of
21the circuit court, $30; except that if the conviction is in a
22case which may be assigned to an associate judge, whether or
23not it is in fact assigned to an associate judge, the fee shall
24be $20.

 

 

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1    For preliminary examinations for each defendant held to
2bail or recognizance, $20.
3    For each examination of a party bound over to keep the
4peace, $20.
5    For each defendant held to answer in a circuit court on a
6charge of paternity, $20.
7    For each trial on a charge of paternity, $60.
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$100.
12    For each day actually employed in the trial of a case, $50;
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, $50; 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, $20 for each defendant.
7    For each proceeding in a circuit court to inquire into the
8alleged mental illness of any person, $20 for each defendant.
9    For each proceeding in a circuit court to inquire into the
10alleged dependency or delinquency of any child, $20.
11    For each day actually employed in the hearing of a case of
12habeas corpus in which the people are interested, $50.
13    All the foregoing fees shall be taxed as costs to be
14collected from the defendant, if possible, upon conviction. But
15in cases of inquiry into the mental illness of any person
16alleged to be mentally ill, in cases on a charge of paternity
17and in cases of appeal in the Supreme or Appellate Court, where
18judgment is in favor of the accused, the fees allowed the
19State's attorney therein shall be retained out of the fines and
20forfeitures collected by them in other cases.
21    Ten per cent of all moneys except revenue, collected by
22them and paid over to the authorities entitled thereto, which
23per cent together with the fees provided for herein that are
24not collected from the parties tried or examined, shall be paid
25out of any fines and forfeited recognizances collected by them,
26provided however, that in proceedings to foreclose the lien of

 

 

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

 

 

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1        (1) where the monies result from child support
2    obligations, not less than 25% of the federal share of the
3    monies received,
4        (2) where the monies result from other than child
5    support obligations, not less than 25% of the State's share
6    of the monies received.
7    In addition to any other amounts to which State's Attorneys
8are entitled under this Section, State's Attorneys are entitled
9to $10 of the fine that is imposed under Section 5-9-1.17 of
10the Unified Code of Corrections, as set forth in that Section.
11    (b) A municipality shall be entitled to a $25 prosecution
12fee for each conviction for a violation of the Illinois Vehicle
13Code prosecuted by the municipal attorney pursuant to Section
1416-102 of that Code which is tried before a circuit or
15associate judge and shall be entitled to a $25 prosecution fee
16for each conviction for a violation of a municipal vehicle
17ordinance prosecuted by the municipal attorney which is tried
18before a circuit or associate judge. Such fee shall be taxed as
19costs to be collected from the defendant, if possible, upon
20conviction. A municipality shall have a lien for such
21prosecution fees on all judgments or fines procured by the
22municipal attorney from prosecutions for violations of the
23Illinois Vehicle Code and municipal vehicle ordinances.
24    (c) State's attorneys shall be entitled to a $2 fee to be
25paid by the defendant on a judgment of guilty or a grant of
26supervision for a violation of any provision of the Illinois

 

 

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1Vehicle Code or any felony, misdemeanor, or petty offense to
2discharge the expenses of the State's Attorney's office for
3establishing and maintaining automated record keeping systems.
4The fee shall be remitted monthly to the county treasurer, to
5be deposited by him or her into a special fund designated as
6the State's Attorney Records Automation Fund. Expenditures
7from this fund may be made by the State's Attorney for
8hardware, software, research, and development costs and
9personnel related thereto.
10    For the purposes of this subsection (b), "municipal vehicle
11ordinance" means any ordinance enacted pursuant to Sections
1211-40-1, 11-40-2, 11-40-2a, and 11-40-3 of the Illinois
13Municipal Code or any ordinance enacted by a municipality which
14is similar to a provision of Chapter 11 of the Illinois Vehicle
15Code.
16(Source: P.A. 95-331, eff. 8-21-07; 96-707, eff. 1-1-10;
1796-1186, eff. 7-22-10.)".