Illinois General Assembly - Full Text of SB1886
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Full Text of SB1886  102nd General Assembly

SB1886 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1886

 

Introduced 2/26/2021, by Sen. Brian W. Stewart

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-6023  from Ch. 34, par. 3-6023
55 ILCS 5/5-1103  from Ch. 34, par. 5-1103
55 ILCS 5/5-1103.05 new
705 ILCS 135/905-43

    Amends the Counties Code. Reenacts a court services fee repealed by Public Act 100-987. Change the name of the fee to an assessment and provides that the assessment will be in addition to assessments in the Criminal and Traffic Assessment Act. Removes references to repealed cross references. Makes a conforming change in the Code. Amends the Criminal and Traffic Assessment Act making conforming changes. Effective immediately.


LRB102 15523 AWJ 20886 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1886LRB102 15523 AWJ 20886 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
5Section 3-6023, by reenacting and changing Section 5-1103, and
6by adding Section 5-1103.05 as follows:
 
7    (55 ILCS 5/3-6023)  (from Ch. 34, par. 3-6023)
8    Sec. 3-6023. Attendance at courts. Each sheriff shall, in
9person or by deputy, county corrections officer, or court
10security officer, attend upon all courts held in his or her
11county when in session, and obey the lawful orders and
12directions of the court, and shall maintain the security of
13the courthouse. Court services customarily performed by
14sheriffs shall be provided by the sheriff or his or her
15deputies, county corrections officers, or court security
16officers, rather than by employees of the court, unless there
17are no deputies, county corrections officers, or court
18security officers available to perform such services. The
19expenses of the sheriff in carrying out his or her duties under
20this Section, including the compensation of deputies, county
21corrections officers, or court security officers assigned to
22such services, shall be paid to the county from assessments
23fees collected pursuant to court order for services of the

 

 

SB1886- 2 -LRB102 15523 AWJ 20886 b

1sheriff and from any court services assessments fees collected
2by the county under the Criminal and Traffic Assessment Act
3and Section 5-1103 of this Code.
4(Source: P.A. 100-987, eff. 7-1-19.)
 
5    (55 ILCS 5/5-1103)  (from Ch. 34, par. 5-1103)
6    Sec. 5-1103. Court services fee. In addition to any
7assessment provided for under the Criminal and Traffic
8Assessment Act, a A county board may enact by ordinance or
9resolution a court services assessment fee dedicated to
10defraying court security expenses incurred by the sheriff in
11providing court services or for any other court services
12deemed necessary by the sheriff to provide for court security,
13including without limitation court services provided pursuant
14to Section 3-6023, as now or hereafter amended. Such
15assessment fee shall be paid in civil cases by each party at
16the time of filing the first pleading, paper or other
17appearance; provided that no additional assessment fee shall
18be required if more than one party is represented in a single
19pleading, paper or other appearance. In criminal, local
20ordinance, county ordinance, traffic and conservation cases,
21such assessment fee shall be assessed against the defendant
22upon a plea of guilty, stipulation of facts or findings of
23guilty, resulting in a judgment of conviction, or order of
24supervision, or sentence of probation without entry of
25judgment pursuant to Section 10 of the Cannabis Control Act,

 

 

SB1886- 3 -LRB102 15523 AWJ 20886 b

1Section 410 of the Illinois Controlled Substances Act, Section
270 of the Methamphetamine Control and Community Protection
3Act, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05
4of the Criminal Code of 1961 or the Criminal Code of 2012, or
5Section 10-102 of the Illinois Alcoholism and Other Drug
6Dependency Act, Section 40-10 of the Substance Use Disorder
7Act, or Section 10 of the Steroid Control Act. In setting such
8assessment fee, the county board may impose, with the
9concurrence of the Chief Judge of the judicial circuit in
10which the county is located by administrative order entered by
11the Chief Judge, differential rates for the various types or
12categories of criminal and civil cases, but the maximum rate
13shall not exceed $25, unless the assessment fee is set
14according to an acceptable cost study in accordance with
15Section 4-5001 of the Counties Code. All proceeds from this
16assessment fee must be used to defray court security expenses
17incurred by the sheriff in providing court services. No
18assessment fee shall be imposed or collected, however, in
19traffic, conservation, and ordinance cases in which fines are
20paid without a court appearance. The assessments fees shall be
21collected in the manner in which all other court assessments
22fees or costs are collected and shall be deposited into the
23county general fund for payment solely of costs incurred by
24the sheriff in providing court security or for any other court
25services deemed necessary by the sheriff to provide for court
26security.

 

 

SB1886- 4 -LRB102 15523 AWJ 20886 b

1(Source: P.A. 99-265, eff. 1-1-16; 100-759, eff. 1-1-19.)
 
2    (55 ILCS 5/5-1103.05 new)
3    Sec. 5-1103.05. Continuation of Section 5-1103; validation
4under this amendatory Act of the 102nd General Assembly.
5    (a) The General Assembly finds and declares all of the
6following:
7        (1) Public Act 100-987, which took effect on August
8    20, 2018, repealed Section 5-1103 of this Code.
9        (2) The Statute on Statutes sets forth general rules
10    on the repeal of statutes and the construction of multiple
11    amendments, but Section 1 of that Act also states that
12    these rules will not be observed when the result would be
13    "inconsistent with the manifest intent of the General
14    Assembly or repugnant to the context of the statute".
15        (3) This amendatory Act of the 102nd General Assembly
16    manifests the intention of the General Assembly not to
17    repeal Section 5-1103 of this Code and have that Section
18    continue in effect until it is otherwise lawfully
19    repealed.
20        (4) Section 5-1103 of this Code was originally enacted
21    to protect, promote, and preserve the general welfare. Any
22    construction of this Code that results in the repeal of
23    Section 5-1103 on August 20, 2018 would be inconsistent
24    with the manifest intent of the General Assembly and
25    repugnant to the context of this Code.

 

 

SB1886- 5 -LRB102 15523 AWJ 20886 b

1    (b) It is declared to have been the intent of the General
2Assembly that Section 5-1103 of this Code not be subject to
3repeal on August 20, 2018.
4    (c) Section 5-1103 of this Code shall be deemed to have
5been in continuous effect since August 20, 2018, and it shall
6continue to be in effect until it is otherwise lawfully
7repealed. All previously enacted amendments to Section 5-1103
8taking effect on or after August 20, 2018 are validated. All
9actions taken in reliance on or under Section 5-1103 by any
10person or entity are validated.
11    (d) In order to ensure the continuing effectiveness of
12Section 5-1103 of this Code, Section 5-1103 is set forth in
13full and reenacted by this amendatory Act of the 102nd General
14Assembly. Striking and underscoring are used only to show
15changes being made to the base text. This reenactment is
16intended as a continuation of Section 5-1103. This reenactment
17applies to all claims, civil actions, and proceedings pending
18on or filed on or before the effective date of this amendatory
19Act of the 102nd General Assembly.
 
20    Section 10. The Criminal and Traffic Assessment Act is
21amended by changing Section 905-43 as follows:
 
22    (705 ILCS 135/905-43)
23    Sec. 905-43. The Counties Code is amended by repealing
24Sections 3-4012, 4-2002, 4-2002.1, 5-1101, and 5-1101.5, and

 

 

SB1886- 6 -LRB102 15523 AWJ 20886 b

15-1103.
2(Source: P.A. 100-987, eff. 7-1-19.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.