HB5102 102ND GENERAL ASSEMBLY

LRB102 23833 AWJ 33025 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5102

Introduced 1/27/2022, by Rep. Keith R. Wheeler

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1101.3

Amends the Counties Code. Provides that the county boards of Kane County, Kendall County, and Will County (currently, Kane County and Will County) may by ordinance impose a judicial facilities fee to be used for the building of new judicial facilities. Provides that in setting a judicial facilities fee and in the design and construction of the facilities, the county board shall set the fee and design and construct the facilities with the concurrence of the Chief Judge of the applicable judicial circuit or the presiding judge of the county in a multi-county judicial circuit (currently, the concurrence of the Chief Judge of the applicable judicial circuit). Effective July 1, 2022.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by changing Section 5-1101.3 as follows:

(55 ILCS 5/5-1101.3)

Sec. 5-1101.3. Additional fees to finance new judicial facilities. The county boards of Kane County, Kendall County, and Will County may by ordinance impose a judicial facilities fee to be used for the building of new judicial facilities.

(a) In setting such fee, the county board, with the concurrence of the Chief Judge of the applicable judicial circuit or the presiding judge of the county in a multi-county judicial circuit, may impose different rates for the various types or categories of civil and criminal cases, not to exceed $30. The fees are to be paid as follows:

(1) In civil cases, the fee shall be paid by each party at the time of filing the first pleading, paper, or other appearance; provided that no additional fee shall be required if more than one party is represented in a single pleading, paper, or other appearance.

(2) In felony, misdemeanor, local or county ordinance, traffic, and conservation cases, the fee shall be assessed against the defendant upon the entry of a judgment of conviction, an order of supervision, or a sentence of probation without entry of judgment pursuant to Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, or Section 10 of the Steroid Control Act.

(3) In local or county ordinance, traffic, and conservation cases, if fines are paid in full without a court appearance, then the fee shall not be imposed or collected.

(b) The proceeds of all fees enacted under this Section must be deposited into the county's Judicial Department Facilities Construction Fund and used for the sole purpose of funding in whole or in part the costs associated with building new judicial facilities within the county, which shall be designed and constructed by the county board with the concurrence of the Chief Judge of the applicable judicial circuit or the presiding judge of the county in a multi-county judicial circuit.

(Source: P.A. 98-1085, eff. 1-1-15; 99-269, eff. 8-4-15.)

Section 99. Effective date. This Act takes effect July 1, 2022.