Full Text of HB5295 96th General Assembly
HB5295 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5295
Introduced 2/3/2010, by Rep. William B. Black SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/4-2002 |
from Ch. 34, par. 4-2002 |
55 ILCS 5/4-2002.1 |
from Ch. 34, par. 4-2002.1 |
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Amends the Counties Code. Provides that, in counties under 3,000,000 population, a municipality is entitled to a $25 fee (now $10) for each conviction for a violation of the Illinois Vehicle Code or a municipal vehicle ordinance prosecuted by the municipal attorney. In counties of 3,000,000 or more population, a municipality is entitled to a $25 fee (now $10) for each conviction for a violation of the Illinois Vehicle Code or a municipal vehicle ordinance prosecuted by the municipal attorney. Effective immediately.
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A BILL FOR
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HB5295 |
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LRB096 16248 RLJ 31504 b |
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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 | 5 |
| Sections 4-2002 and 4-2002.1 as follows:
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| (55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
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| Sec. 4-2002. State's attorney fees in counties under | 8 |
| 3,000,000
population. This Section applies only to counties | 9 |
| with fewer than
3,000,000 inhabitants.
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| (a) State's attorneys shall be entitled to the following | 11 |
| fees, however, the
fee requirement of this subsection does not | 12 |
| apply to county boards:
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| For each conviction in prosecutions on indictments for | 14 |
| first degree murder,
second degree murder, involuntary | 15 |
| manslaughter, criminal sexual assault,
aggravated criminal | 16 |
| sexual assault, aggravated criminal sexual abuse,
kidnapping, | 17 |
| arson and forgery, $30. All other cases punishable by | 18 |
| imprisonment
in the penitentiary, $30.
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| For each conviction in other cases tried before judges of | 20 |
| the circuit
court, $15; except that if the conviction is in a | 21 |
| case which may be
assigned to an associate judge, whether or | 22 |
| not it is in fact assigned to
an associate judge, the fee shall | 23 |
| be $10.
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HB5295 |
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LRB096 16248 RLJ 31504 b |
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| For preliminary examinations for each defendant held to | 2 |
| bail or
recognizance, $10.
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| For each examination of a party bound over to keep the | 4 |
| peace, $10.
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| For each defendant held to answer in a circuit court on a | 6 |
| charge of
paternity, $10.
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| For each trial on a charge of paternity, $30.
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| For each case of appeal taken from his county or from the | 9 |
| county to
which a change of venue is taken to his county to the | 10 |
| Supreme or
Appellate Court when prosecuted or defended by him, | 11 |
| $50.
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| For each day actually employed in the trial of a case, $25; | 13 |
| in which
case the court before whom the case is tried shall | 14 |
| make an order
specifying the number of days for which a per | 15 |
| diem shall be allowed.
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| For each day actually employed in the trial of cases of | 17 |
| felony
arising in their respective counties and taken by change | 18 |
| of venue to
another county, $25; and the court before whom the | 19 |
| case is tried shall
make an order specifying the number of days | 20 |
| for which said per diem
shall be allowed; and it is hereby made | 21 |
| the duty of each State's
attorney to prepare and try each case | 22 |
| of felony arising when so taken by
change of venue.
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| For assisting in a trial of each case on an indictment for | 24 |
| felony
brought by change of venue to their respective counties, | 25 |
| the same fees
they would be entitled to if such indictment had | 26 |
| been found for an
offense committed in his county, and it shall |
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HB5295 |
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LRB096 16248 RLJ 31504 b |
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| be the duty of the
State's attorney of the county to which such | 2 |
| cause is taken by
change of venue to assist in the trial | 3 |
| thereof.
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| For each case of forfeited recognizance where the | 5 |
| forfeiture is set
aside at the instance of the defense, in | 6 |
| addition to the ordinary costs,
$10 for each defendant.
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| For each proceeding in a circuit court to inquire into the | 8 |
| alleged
mental illness of any person, $10 for each defendant.
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| For each proceeding in a circuit court to inquire into the | 10 |
| alleged
dependency or delinquency of any child, $10.
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| For each day actually employed in the hearing of a case of | 12 |
| habeas
corpus in which the people are interested, $25.
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| For each violation of the Criminal Code of 1961 and the | 14 |
| Illinois Vehicle Code in which a defendant has entered a plea | 15 |
| of guilty or a defendant has stipulated to the facts supporting | 16 |
| the charge or a finding of guilt and the court has entered an | 17 |
| order of supervision, $10.
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| All the foregoing fees shall be taxed as costs to be | 19 |
| collected from
the defendant, if possible, upon conviction. But | 20 |
| in cases of inquiry
into the mental illness of any person | 21 |
| alleged to be mentally ill, in
cases on a charge of paternity | 22 |
| and in cases of appeal in the Supreme or
Appellate Court, where | 23 |
| judgment is in favor of the accused, the fees
allowed the | 24 |
| State's attorney therein shall be retained out of the fines
and | 25 |
| forfeitures collected by them in other cases.
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| Ten per cent of all moneys except revenue, collected by |
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HB5295 |
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LRB096 16248 RLJ 31504 b |
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| them and paid
over to the authorities entitled thereto, which | 2 |
| per cent together with
the fees provided for herein that are | 3 |
| not collected from the parties
tried or examined, shall be paid | 4 |
| out of any fines and forfeited
recognizances collected by them, | 5 |
| provided however, that in proceedings
to foreclose the lien of | 6 |
| delinquent real estate taxes State's attorneys
shall receive a | 7 |
| fee, to be credited to the earnings of their office, of 10%
of | 8 |
| the total amount realized from the sale of real estate sold in | 9 |
| such
proceedings. Such fees shall be paid from the total amount | 10 |
| realized from
the sale of the real estate sold in such | 11 |
| proceedings.
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| State's attorneys shall have a lien for their fees on all | 13 |
| judgments
for fines or forfeitures procured by them and on | 14 |
| moneys except revenue
received by them until such fees and | 15 |
| earnings are fully paid.
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| No fees shall be charged on more than 10 counts in any one | 17 |
| indictment
or information on trial and conviction; nor on more | 18 |
| than 10 counts
against any one defendant on pleas of guilty.
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| The Circuit Court may direct that of all monies received, | 20 |
| by
restitution or otherwise, which monies are ordered paid to | 21 |
| the
Department of Healthcare and Family Services (formerly | 22 |
| Department of Public Aid) or the Department of Human Services | 23 |
| (acting as
successor to the Department of Public Aid under the | 24 |
| Department of Human
Services Act) as a direct result of the | 25 |
| efforts
of the
State's attorney and which payments arise from | 26 |
| Civil or Criminal
prosecutions involving the Illinois Public |
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HB5295 |
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LRB096 16248 RLJ 31504 b |
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| Aid Code or the Criminal Code,
the
following amounts shall be | 2 |
| paid quarterly by the Department of Healthcare and Family | 3 |
| Services or the Department of Human Services to the General | 4 |
| Corporate Fund of
the County in which the prosecution
or cause | 5 |
| of action took place:
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| (1) where the monies result from child support | 7 |
| obligations, not
more than 25% of the federal share of the | 8 |
| monies received,
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| (2) where the monies result from other than child | 10 |
| support
obligations, not more than 25% of the State's share | 11 |
| of the monies received.
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| In addition to any other amounts to which State's Attorneys | 13 |
| are entitled under this Section, State's Attorneys are entitled | 14 |
| to $10 of the fine that is imposed under Section 5-9-1.17 of | 15 |
| the Unified Code of Corrections, as set forth in that Section. | 16 |
| (b) A municipality shall be entitled to a $25 $10 | 17 |
| prosecution fee for each
conviction for a violation of the | 18 |
| Illinois Vehicle Code prosecuted by the
municipal attorney | 19 |
| pursuant to Section 16-102 of that Code which is tried
before a | 20 |
| circuit or associate judge and shall be entitled to a $25 $10
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| prosecution fee for each conviction for a violation of a | 22 |
| municipal vehicle
ordinance or nontraffic ordinance prosecuted | 23 |
| by the municipal attorney
which is tried before a circuit or | 24 |
| associate judge. Such fee shall be taxed as
costs to be | 25 |
| collected from the defendant, if possible, upon conviction. A
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| municipality shall have a lien for such prosecution fees on all |
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HB5295 |
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LRB096 16248 RLJ 31504 b |
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| judgments or
fines procured by the municipal attorney from | 2 |
| prosecutions for violations of
the Illinois Vehicle Code and | 3 |
| municipal vehicle ordinances or nontraffic
ordinances.
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| For the purposes of this subsection (b), "municipal vehicle | 5 |
| ordinance"
means any ordinance enacted pursuant to Sections | 6 |
| 11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois | 7 |
| Municipal Code or any ordinance enacted by a
municipality which | 8 |
| is similar to a provision of Chapter 11 of the Illinois
Vehicle | 9 |
| Code.
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| (Source: P.A. 95-331, eff. 8-21-07; 95-385, eff. 1-1-08; | 11 |
| 96-707, eff. 1-1-10.)
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| (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
| 13 |
| Sec. 4-2002.1. State's attorney fees in counties of | 14 |
| 3,000,000 or more
population. This Section applies only to | 15 |
| counties with 3,000,000 or more
inhabitants.
| 16 |
| (a) State's attorneys shall be entitled to the following | 17 |
| fees:
| 18 |
| For each conviction in prosecutions on indictments for | 19 |
| first degree
murder, second degree murder, involuntary | 20 |
| manslaughter, criminal sexual
assault, aggravated criminal | 21 |
| sexual assault, aggravated criminal sexual
abuse, kidnapping, | 22 |
| arson and forgery, $60. All other cases punishable by
| 23 |
| imprisonment in the penitentiary, $60.
| 24 |
| For each conviction in other cases tried before judges of | 25 |
| the circuit
court, $30; except that if the conviction is in a |
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|
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HB5295 |
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LRB096 16248 RLJ 31504 b |
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| 1 |
| case which may be
assigned to an associate judge, whether or | 2 |
| not it is in fact assigned to
an associate judge, the fee shall | 3 |
| be $20.
| 4 |
| For preliminary examinations for each defendant held to | 5 |
| bail or
recognizance, $20.
| 6 |
| For each examination of a party bound over to keep the | 7 |
| peace, $20.
| 8 |
| For each defendant held to answer in a circuit court on a | 9 |
| charge of
paternity, $20.
| 10 |
| For each trial on a charge of paternity, $60.
| 11 |
| For each case of appeal taken from his county or from the | 12 |
| county to
which a change of venue is taken to his county to the | 13 |
| Supreme or
Appellate Court when prosecuted or defended by him, | 14 |
| $100.
| 15 |
| For each day actually employed in the trial of a case, $50; | 16 |
| in which
case the court before whom the case is tried shall | 17 |
| make an order
specifying the number of days for which a per | 18 |
| diem shall be allowed.
| 19 |
| For each day actually employed in the trial of cases of | 20 |
| felony
arising in their respective counties and taken by change | 21 |
| of venue to
another county, $50; and the court before whom the | 22 |
| case is tried shall
make an order specifying the number of days | 23 |
| for which said per diem
shall be allowed; and it is hereby made | 24 |
| the duty of each State's
attorney to prepare and try each case | 25 |
| of felony arising when so taken by
change of venue.
| 26 |
| For assisting in a trial of each case on an indictment for |
|
|
|
HB5295 |
- 8 - |
LRB096 16248 RLJ 31504 b |
|
| 1 |
| felony
brought by change of venue to their respective counties, | 2 |
| the same fees
they would be entitled to if such indictment had | 3 |
| been found for an
offense committed in his county, and it shall | 4 |
| be the duty of the
State's attorney of the county to which such | 5 |
| cause is taken by
change of venue to assist in the trial | 6 |
| thereof.
| 7 |
| For each case of forfeited recognizance where the | 8 |
| forfeiture is set
aside at the instance of the defense, in | 9 |
| addition to the ordinary costs,
$20 for each defendant.
| 10 |
| For each proceeding in a circuit court to inquire into the | 11 |
| alleged
mental illness of any person, $20 for each defendant.
| 12 |
| For each proceeding in a circuit court to inquire into the | 13 |
| alleged
dependency or delinquency of any child, $20.
| 14 |
| For each day actually employed in the hearing of a case of | 15 |
| habeas
corpus in which the people are interested, $50.
| 16 |
| All the foregoing fees shall be taxed as costs to be | 17 |
| collected from
the defendant, if possible, upon conviction. But | 18 |
| in cases of inquiry
into the mental illness of any person | 19 |
| alleged to be mentally ill, in
cases on a charge of paternity | 20 |
| and in cases of appeal in the Supreme or
Appellate Court, where | 21 |
| judgment is in favor of the accused, the fees
allowed the | 22 |
| State's attorney therein shall be retained out of the fines
and | 23 |
| forfeitures collected by them in other cases.
| 24 |
| Ten per cent of all moneys except revenue, collected by | 25 |
| them and paid
over to the authorities entitled thereto, which | 26 |
| per cent together with
the fees provided for herein that are |
|
|
|
HB5295 |
- 9 - |
LRB096 16248 RLJ 31504 b |
|
| 1 |
| not collected from the parties
tried or examined, shall be paid | 2 |
| out of any fines and forfeited
recognizances collected by them, | 3 |
| provided however, that in proceedings
to foreclose the lien of | 4 |
| delinquent real estate taxes State's attorneys
shall receive a | 5 |
| fee, to be credited to the earnings of their office, of 10%
of | 6 |
| the total amount realized from the sale of real estate sold in | 7 |
| such
proceedings. Such fees shall be paid from the total amount | 8 |
| realized from
the sale of the real estate sold in such | 9 |
| proceedings.
| 10 |
| State's attorneys shall have a lien for their fees on all | 11 |
| judgments
for fines or forfeitures procured by them and on | 12 |
| moneys except revenue
received by them until such fees and | 13 |
| earnings are fully paid.
| 14 |
| No fees shall be charged on more than 10 counts in any one | 15 |
| indictment
or information on trial and conviction; nor on more | 16 |
| than 10 counts
against any one defendant on pleas of guilty.
| 17 |
| The Circuit Court may direct that of all monies received, | 18 |
| by
restitution or otherwise, which monies are ordered paid to | 19 |
| the
Department of Healthcare and Family Services (formerly | 20 |
| Department of Public Aid) or the Department of Human Services | 21 |
| (acting as
successor to the Department of Public Aid under the | 22 |
| Department of Human
Services Act) as a direct result of the | 23 |
| efforts
of the
State's attorney and which payments arise from | 24 |
| Civil or Criminal
prosecutions involving the Illinois Public | 25 |
| Aid Code or the Criminal Code,
the
following amounts shall be | 26 |
| paid quarterly by the Department of Healthcare and Family |
|
|
|
HB5295 |
- 10 - |
LRB096 16248 RLJ 31504 b |
|
| 1 |
| Services or the Department of Human Services to the General | 2 |
| Corporate Fund of
the County in which the prosecution
or cause | 3 |
| of action took place:
| 4 |
| (1) where the monies result from child support | 5 |
| obligations, not
less than 25% of the federal share of the | 6 |
| monies received,
| 7 |
| (2) where the monies result from other than child | 8 |
| support
obligations, not less than 25% of the State's share | 9 |
| of the monies received.
| 10 |
| In addition to any other amounts to which State's Attorneys | 11 |
| are entitled under this Section, State's Attorneys are entitled | 12 |
| to $10 of the fine that is imposed under Section 5-9-1.17 of | 13 |
| the Unified Code of Corrections, as set forth in that Section. | 14 |
| (b) A municipality shall be entitled to a $25 $10 | 15 |
| prosecution fee for each
conviction for a violation of the | 16 |
| Illinois Vehicle Code prosecuted by the
municipal attorney | 17 |
| pursuant to Section 16-102 of that Code which is tried
before a | 18 |
| circuit or associate judge and shall be entitled to a $25 $10
| 19 |
| prosecution fee for each conviction for a violation of a | 20 |
| municipal vehicle
ordinance prosecuted by the municipal | 21 |
| attorney which is tried before a
circuit or associate judge. | 22 |
| Such fee shall be taxed as costs to be
collected from the | 23 |
| defendant, if possible, upon conviction. A municipality
shall | 24 |
| have a lien for such prosecution fees on all judgments or fines
| 25 |
| procured by the municipal attorney from prosecutions for | 26 |
| violations of the
Illinois Vehicle Code and municipal vehicle |
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HB5295 |
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LRB096 16248 RLJ 31504 b |
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| 1 |
| ordinances.
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| For the purposes of this subsection (b), "municipal vehicle | 3 |
| ordinance"
means any ordinance enacted pursuant to Sections | 4 |
| 11-40-1, 11-40-2, 11-40-2a , and
11-40-3 of the Illinois | 5 |
| Municipal Code or any ordinance enacted by a
municipality which | 6 |
| is similar to a provision of Chapter 11 of the Illinois
Vehicle | 7 |
| Code.
| 8 |
| (Source: P.A. 95-331, eff. 8-21-07; 96-707, eff. 1-1-10.)
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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