98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4534

 

Introduced , by Rep. Lou Lang

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 105/27.3a

    Amends the Clerks of Courts Act. Provides that a fee imposed upon certain defendants shall equal the fee collected to defray expenses related to an automated record keeping system, but shall not be more than $15. Effective June 1, 2014.


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A BILL FOR

 

HB4534LRB098 16972 HEP 52050 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 27.3a as follows:
 
6    (705 ILCS 105/27.3a)
7    (Text of Section after amendment by P.A. 98-606)
8    Sec. 27.3a. Fees for automated record keeping, probation
9and court services operations, and State and Conservation
10Police operations.
11    1. The expense of establishing and maintaining automated
12record keeping systems in the offices of the clerks of the
13circuit court shall be borne by the county. To defray such
14expense in any county having established such an automated
15system or which elects to establish such a system, the county
16board may require the clerk of the circuit court in their
17county to charge and collect a court automation fee of not less
18than $1 nor more than $25 to be charged and collected by the
19clerk of the court. Such fee shall be paid at the time of
20filing the first pleading, paper or other appearance filed by
21each party in all civil cases or by the defendant in any
22felony, traffic, misdemeanor, municipal ordinance, or
23conservation case upon a judgment of guilty or grant of

 

 

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1supervision, provided that the record keeping system which
2processes the case category for which the fee is charged is
3automated or has been approved for automation by the county
4board, and provided further that no additional fee shall be
5required if more than one party is presented in a single
6pleading, paper or other appearance. Such fee shall be
7collected in the manner in which all other fees or costs are
8collected.
9    1.1. Starting on July 6, 2012 (the effective date of Public
10Act 97-761) and pursuant to an administrative order from the
11chief judge of the circuit or the presiding judge of the county
12authorizing such collection, a clerk of the circuit court in
13any county that imposes a fee pursuant to subsection 1 of this
14Section shall also charge and collect an additional $10
15operations fee for probation and court services department
16operations.
17    This additional fee shall be paid by the defendant in any
18felony, traffic, misdemeanor, local ordinance, or conservation
19case upon a judgment of guilty or grant of supervision, except
20such $10 operations fee shall not be charged and collected in
21cases governed by Supreme Court Rule 529 in which the bail
22amount is $120 or less.
23    1.2. With respect to the fee imposed and collected under
24subsection 1.1 of this Section, each clerk shall transfer all
25fees monthly to the county treasurer for deposit into the
26probation and court services fund created under Section 15.1 of

 

 

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1the Probation and Probation Officers Act, and such monies shall
2be disbursed from the fund only at the direction of the chief
3judge of the circuit or another judge designated by the Chief
4Circuit Judge in accordance with the policies and guidelines
5approved by the Supreme Court.
6    1.5. Starting on June 1, 2014 the effective date of this
7amendatory Act of the 96th General Assembly, a clerk of the
8circuit court in any county that imposes a fee pursuant to
9subsection 1 of this Section, shall charge and collect an
10additional fee in an amount equal to the amount of the fee
11imposed pursuant to subsection 1 of this Section, except the
12fee imposed under this subsection may not be of not less than
13$1 nor more than $15. This additional fee shall be paid by the
14defendant in any felony, traffic, misdemeanor, or local
15ordinance case upon a judgment of guilty or grant of
16supervision. This fee shall not be paid by the defendant for
17any violation listed in subsection 1.6 of this Section.
18    1.6. Starting on June 1, 2014 July 1, 2012 (the effective
19date of Public Act 97-46), a clerk of the circuit court in any
20county that imposes a fee pursuant to subsection 1 of this
21Section shall charge and collect an additional fee in an amount
22equal to the amount of the fee imposed pursuant to subsection 1
23of this Section, except the fee imposed under this subsection
24may not be of not less than $1 nor more than $15. This
25additional fee shall be paid by the defendant upon a judgment
26of guilty or grant of supervision for a violation under the

 

 

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1State Parks Act, the Recreational Trails of Illinois Act, the
2Illinois Explosives Act, the Timber Buyers Licensing Act, the
3Forest Products Transportation Act, the Firearm Owners
4Identification Card Act, the Environmental Protection Act, the
5Fish and Aquatic Life Code, the Wildlife Code, the Cave
6Protection Act, the Illinois Exotic Weed Act, the Illinois
7Forestry Development Act, the Ginseng Harvesting Act, the
8Illinois Lake Management Program Act, the Illinois Natural
9Areas Preservation Act, the Illinois Open Land Trust Act, the
10Open Space Lands Acquisition and Development Act, the Illinois
11Prescribed Burning Act, the State Forest Act, the Water Use Act
12of 1983, the Illinois Veteran, Youth, and Young Adult
13Conservation Jobs Act, the Snowmobile Registration and Safety
14Act, the Boat Registration and Safety Act, the Illinois
15Dangerous Animals Act, the Hunter and Fishermen Interference
16Prohibition Act, the Wrongful Tree Cutting Act, or Section
1711-1426.1, 11-1426.2, 11-1427, 11-1427.1, 11-1427.2,
1811-1427.3, 11-1427.4, or 11-1427.5 of the Illinois Vehicle
19Code, or Section 48-3 or 48-10 of the Criminal Code of 2012.
20    2. With respect to the fee imposed under subsection 1 of
21this Section, each clerk shall commence such charges and
22collections upon receipt of written notice from the chairman of
23the county board together with a certified copy of the board's
24resolution, which the clerk shall file of record in his office.
25    3. With respect to the fee imposed under subsection 1 of
26this Section, such fees shall be in addition to all other fees

 

 

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1and charges of such clerks, and assessable as costs, and may be
2waived only if the judge specifically provides for the waiver
3of the court automation fee. The fees shall be remitted monthly
4by such clerk to the county treasurer, to be retained by him in
5a special fund designated as the court automation fund. The
6fund shall be audited by the county auditor, and the board
7shall make expenditure from the fund in payment of any cost
8related to the automation of court records, including hardware,
9software, research and development costs and personnel related
10thereto, provided that the expenditure is approved by the clerk
11of the court and by the chief judge of the circuit court or his
12designate.
13    4. With respect to the fee imposed under subsection 1 of
14this Section, such fees shall not be charged in any matter
15coming to any such clerk on change of venue, nor in any
16proceeding to review the decision of any administrative
17officer, agency or body.
18    5. With respect to the additional fee imposed under
19subsection 1.5 of this Section, the fee shall be remitted by
20the circuit clerk to the State Treasurer within one month after
21receipt for deposit into the State Police Operations Assistance
22Fund.
23    6. With respect to the additional fees imposed under
24subsection 1.5 of this Section, the Director of State Police
25may direct the use of these fees for homeland security purposes
26by transferring these fees on a quarterly basis from the State

 

 

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1Police Operations Assistance Fund into the Illinois Law
2Enforcement Alarm Systems (ILEAS) Fund for homeland security
3initiatives programs. The transferred fees shall be allocated,
4subject to the approval of the ILEAS Executive Board, as
5follows: (i) 66.6% shall be used for homeland security
6initiatives and (ii) 33.3% shall be used for airborne
7operations. The ILEAS Executive Board shall annually supply the
8Director of State Police with a report of the use of these
9fees.
10    7. With respect to the additional fee imposed under
11subsection 1.6 of this Section, the fee shall be remitted by
12the circuit clerk to the State Treasurer within one month after
13receipt for deposit into the Conservation Police Operations
14Assistance Fund.
15(Source: P.A. 97-46, eff. 7-1-12; 97-453, eff. 8-19-11; 97-738,
16eff. 7-5-12; 97-761, eff. 7-6-12; 97-813, eff. 7-13-12;
1797-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-375, eff.
188-16-13; 98-606, eff. 6-1-14; revised 1-16-14.)
 
19    Section 99. Effective date. This Act takes effect June 1,
202014.