Full Text of SB2272 94th General Assembly
SB2272enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing Section | 5 |
| 5-1101 as follows: | 6 |
| (55 ILCS 5/5-1101) (from Ch. 34, par. 5-1101)
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| Sec. 5-1101. Additional fees to finance court system.
A | 8 |
| county board may enact by ordinance or resolution the following | 9 |
| fees:
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| (a) A $5 fee to be paid by the defendant on a judgment of | 11 |
| guilty or a grant
of supervision for violation of the Illinois | 12 |
| Vehicle Code other than Section
11-501 or violations of similar | 13 |
| provisions contained in county or municipal
ordinances | 14 |
| committed in the county, and up to a $30 fee to be paid by the
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| defendant on a judgment of guilty or a grant of supervision for | 16 |
| violation of
Section 11-501 of the Illinois Vehicle Code or a | 17 |
| violation of a similar
provision contained in county or | 18 |
| municipal ordinances committed in the county.
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| (b) In the case of a county having a population of | 20 |
| 1,000,000 or less,
a $5 fee to be collected in all civil cases | 21 |
| by the clerk of the circuit court.
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| (c) A fee to be paid by the defendant on a judgment of | 23 |
| guilty or a grant of
supervision under Section 5-9-1 of the | 24 |
| Unified Code of Corrections, as follows:
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| (1) for a felony, $50;
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| (2) for a class A misdemeanor, $25;
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| (3) for a class B or class C misdemeanor, $15;
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| (4) for a petty offense, $10;
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| (5) for a business offense, $10.
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| (d) A $100 fee for the second and subsequent violations of | 31 |
| Section
11-501 of the Illinois Vehicle Code or violations of | 32 |
| similar provisions
contained in county or municipal ordinances |
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| committed in the county. The
proceeds of this fee shall be | 2 |
| placed in the county general fund and used to
finance education | 3 |
| programs related to driving under the influence of alcohol or
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| drugs.
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| (d-5) A $10 fee to be paid by the defendant on a judgment | 6 |
| of guilty or a grant of supervision under Section 5-9-1 of the | 7 |
| Unified Code of Corrections to be placed in the county general | 8 |
| fund and used to finance the county mental health court. | 9 |
| (e) In each county in which a teen court, peer court, peer | 10 |
| jury, youth
court, or
other
youth diversion program has been | 11 |
| created, a county may adopt a mandatory fee
of up to $5 to be | 12 |
| assessed as provided in this subsection. Assessments
collected
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| by the clerk of the circuit court pursuant to this subsection | 14 |
| must be deposited
into an
account specifically for the | 15 |
| operation and administration of a teen court, peer
court, peer | 16 |
| jury, youth court, or other youth diversion program. The clerk | 17 |
| of
the
circuit court shall collect the fees established in this | 18 |
| subsection and must
remit the
fees to the teen court, peer | 19 |
| court, peer jury, youth court, or other youth
diversion
program | 20 |
| monthly, less 5%, which is to be retained as fee income to the | 21 |
| office
of
the clerk of the circuit court. The fees are to be | 22 |
| paid as follows:
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| (1) a fee of up to $5 paid by the defendant on a | 24 |
| judgment of guilty or
grant of supervision for violation of | 25 |
| the Illinois Vehicle Code or violations
of similar | 26 |
| provisions contained in county or municipal ordinances | 27 |
| committed in
the
county;
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| (2) a fee of up to $5 paid by the defendant on a | 29 |
| judgment of guilty or
grant of supervision under Section | 30 |
| 5-9-1 of the Unified Code of Corrections for
a
felony; for | 31 |
| a Class A, Class B, or Class C misdemeanor; for a petty | 32 |
| offense;
and
for a business offense.
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| (f) In each county in which a drug court has been created, | 34 |
| the county may adopt a mandatory fee of up to $5 to be assessed | 35 |
| as provided in this subsection. Assessments collected by the | 36 |
| clerk of the circuit court pursuant to this subsection must be |
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| deposited into an account specifically for the operation and | 2 |
| administration of the drug court. The clerk of the circuit | 3 |
| court shall collect the fees established in this subsection and | 4 |
| must remit the fees to the drug court, less 5%, which is to be | 5 |
| retained as fee income to the office of the clerk of the | 6 |
| circuit court. The fees are to be paid as follows: | 7 |
| (1) a fee of up to $5 paid by the defendant on a | 8 |
| judgment of guilty or grant of supervision for a violation | 9 |
| of the Illinois Vehicle Code or a violation of a similar | 10 |
| provision contained in a county or municipal ordinance | 11 |
| committed in the county; or | 12 |
| (2) a fee of up to $5 paid by the defendant on a | 13 |
| judgment of guilty or a grant of supervision under Section | 14 |
| 5-9-1 of the Unified Code of Corrections for a felony; for | 15 |
| a Class A, Class B, or Class C misdemeanor; for a petty | 16 |
| offense; and for a business offense. | 17 |
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The clerk of the circuit court shall deposit the 5% | 18 |
| retained under this subsection into the Circuit Court Clerk | 19 |
| Operation and Administrative Fund to be used to defray the | 20 |
| costs of collection and disbursement of the drug court fee. | 21 |
| (g)
(f) The proceeds of all fees enacted under this Section | 22 |
| must, except as
provided in subsections (d) ,
and (d-5) ,
and
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| (e), and (f) be placed
in the
county general fund and used to
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| finance the court system in the county, unless the fee is | 25 |
| subject to
disbursement by the circuit clerk as provided under | 26 |
| Section 27.5 of the Clerks
of Courts Act.
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| (Source: P.A. 93-892, eff. 1-1-05; 93-992, eff. 1-1-05; revised | 28 |
| 10-14-04.)
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| Section 5. The Clerks of Courts Act is amended by adding | 30 |
| Section 27.3d as follows: | 31 |
| (705 ILCS 105/27.3d new) | 32 |
| Sec. 27.3d. Circuit Court Clerk Operation and | 33 |
| Administrative Fund. Each circuit court clerk shall create a | 34 |
| Circuit Court Clerk Operation and Administrative Fund, to be |
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| used to offset the costs incurred by the circuit court clerk in | 2 |
| performing the additional duties required to collect and | 3 |
| disburse funds to entities of State and local government as | 4 |
| provided by law. The circuit court clerk shall be the | 5 |
| custodian, ex officio, of this Fund and shall use the Fund to | 6 |
| perform the duties required by the office. The Fund shall be | 7 |
| audited by an auditor retained by the clerk for the purpose of | 8 |
| conducting an annual audit. Expenditures shall be made from the | 9 |
| Fund by the circuit court clerk for expenses related to the | 10 |
| cost of collection for and disbursement to entities of State | 11 |
| and local government.
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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