Full Text of HB2556 97th General Assembly
HB2556ham001 97TH GENERAL ASSEMBLY | Rep. Joe Sosnowski Filed: 3/9/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2556
| 2 | | AMENDMENT NO. ______. Amend House Bill 2556 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 4-2002 as follows:
| 6 | | (55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
| 7 | | 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.
| 10 | | (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:
| 13 | | 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, |
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| 1 | | arson and forgery, $30. All other cases punishable by | 2 | | imprisonment
in the penitentiary, $30.
| 3 | | For each conviction in other cases tried before judges of | 4 | | the circuit
court, $15; except that if the conviction is in a | 5 | | case which may be
assigned to an associate judge, whether or | 6 | | not it is in fact assigned to
an associate judge, the fee shall | 7 | | be $10.
| 8 | | For preliminary examinations for each defendant held to | 9 | | bail or
recognizance, $10.
| 10 | | For each examination of a party bound over to keep the | 11 | | peace, $10.
| 12 | | For each defendant held to answer in a circuit court on a | 13 | | charge of
paternity, $10.
| 14 | | For each trial on a charge of paternity, $30.
| 15 | | For each case of appeal taken from his county or from the | 16 | | county to
which a change of venue is taken to his county to the | 17 | | Supreme or
Appellate Court when prosecuted or defended by him, | 18 | | $50.
| 19 | | For each day actually employed in the trial of a case, $25; | 20 | | in which
case the court before whom the case is tried shall | 21 | | make an order
specifying the number of days for which a per | 22 | | diem shall be allowed.
| 23 | | For each day actually employed in the trial of cases of | 24 | | felony
arising in their respective counties and taken by change | 25 | | of venue to
another county, $25; and the court before whom the | 26 | | case is tried shall
make an order specifying the number of days |
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| 1 | | for which said per diem
shall be allowed; and it is hereby made | 2 | | the duty of each State's
attorney to prepare and try each case | 3 | | of felony arising when so taken by
change of venue.
| 4 | | For assisting in a trial of each case on an indictment for | 5 | | felony
brought by change of venue to their respective counties, | 6 | | the same fees
they would be entitled to if such indictment had | 7 | | been found for an
offense committed in his county, and it shall | 8 | | be the duty of the
State's attorney of the county to which such | 9 | | cause is taken by
change of venue to assist in the trial | 10 | | thereof.
| 11 | | For each case of forfeited recognizance where the | 12 | | forfeiture is set
aside at the instance of the defense, in | 13 | | addition to the ordinary costs,
$10 for each defendant.
| 14 | | For each proceeding in a circuit court to inquire into the | 15 | | alleged
mental illness of any person, $10 for each defendant.
| 16 | | For each proceeding in a circuit court to inquire into the | 17 | | alleged
dependency or delinquency of any child, $10.
| 18 | | For each day actually employed in the hearing of a case of | 19 | | habeas
corpus in which the people are interested, $25.
| 20 | | For each violation of the Criminal Code of 1961 and the | 21 | | Illinois Vehicle Code in which a defendant has entered a plea | 22 | | of guilty or a defendant has stipulated to the facts supporting | 23 | | the charge or a finding of guilt and the court has entered an | 24 | | order of supervision, $10.
| 25 | | All the foregoing fees shall be taxed as costs to be | 26 | | collected from
the defendant, if possible, upon conviction. But |
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| 1 | | in cases of inquiry
into the mental illness of any person | 2 | | alleged to be mentally ill, in
cases on a charge of paternity | 3 | | and in cases of appeal in the Supreme or
Appellate Court, where | 4 | | judgment is in favor of the accused, the fees
allowed the | 5 | | State's attorney therein shall be retained out of the fines
and | 6 | | forfeitures collected by them in other cases.
| 7 | | Ten per cent of all moneys except revenue, collected by | 8 | | them and paid
over to the authorities entitled thereto, which | 9 | | per cent together with
the fees provided for herein that are | 10 | | not collected from the parties
tried or examined, shall be paid | 11 | | out of any fines and forfeited
recognizances collected by them, | 12 | | provided however, that in proceedings
to foreclose the lien of | 13 | | delinquent real estate taxes State's attorneys
shall receive a | 14 | | fee, to be credited to the earnings of their office, of 10%
of | 15 | | the total amount realized from the sale of real estate sold in | 16 | | such
proceedings. Such fees shall be paid from the total amount | 17 | | realized from
the sale of the real estate sold in such | 18 | | proceedings.
| 19 | | State's attorneys shall have a lien for their fees on all | 20 | | judgments
for fines or forfeitures procured by them and on | 21 | | moneys except revenue
received by them until such fees and | 22 | | earnings are fully paid.
| 23 | | No fees shall be charged on more than 10 counts in any one | 24 | | indictment
or information on trial and conviction; nor on more | 25 | | than 10 counts
against any one defendant on pleas of guilty.
| 26 | | The Circuit Court may direct that of all monies received, |
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| 1 | | by
restitution or otherwise, which monies are ordered paid to | 2 | | the
Department of Healthcare and Family Services (formerly | 3 | | Department of Public Aid) or the Department of Human Services | 4 | | (acting as
successor to the Department of Public Aid under the | 5 | | Department of Human
Services Act) as a direct result of the | 6 | | efforts
of the
State's attorney and which payments arise from | 7 | | Civil or Criminal
prosecutions involving the Illinois Public | 8 | | Aid Code or the Criminal Code,
the
following amounts shall be | 9 | | paid quarterly by the Department of Healthcare and Family | 10 | | Services or the Department of Human Services to the General | 11 | | Corporate Fund of
the County in which the prosecution
or cause | 12 | | of action took place:
| 13 | | (1) where the monies result from child support | 14 | | obligations, not
more than 25% of the federal share of the | 15 | | monies received,
| 16 | | (2) where the monies result from other than child | 17 | | support
obligations, not more than 25% of the State's share | 18 | | of the monies received.
| 19 | | In addition to any other amounts to which State's Attorneys | 20 | | are entitled under this Section, State's Attorneys are entitled | 21 | | to $10 of the fine that is imposed under Section 5-9-1.17 of | 22 | | the Unified Code of Corrections, as set forth in that Section. | 23 | | (b) A municipality shall be entitled to a $25 prosecution | 24 | | fee for each
conviction for a violation of the Illinois Vehicle | 25 | | Code prosecuted by the
municipal attorney pursuant to Section | 26 | | 16-102 of that Code which results in a finding of guilt is |
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| 1 | | tried
before a circuit or associate judge or in which a | 2 | | defendant has stipulated to the facts supporting the charge or | 3 | | a finding of guilt and the court has entered an order of | 4 | | supervision and shall be entitled to a $25
prosecution fee for | 5 | | each conviction for a violation of a municipal vehicle
| 6 | | ordinance or nontraffic ordinance which results in a finding of | 7 | | guilt prosecuted by the municipal attorney
which is tried | 8 | | before a circuit or associate judge or in which a defendant has | 9 | | stipulated to the facts supporting the charge or a finding of | 10 | | guilt and the court has entered an order of supervision . Such | 11 | | fee shall be taxed as
costs to be collected from the defendant, | 12 | | if possible, upon disposition of the case conviction . A
| 13 | | municipality shall have a lien for such prosecution fees on all | 14 | | judgments or
fines procured by the municipal attorney from | 15 | | prosecutions for violations of
the Illinois Vehicle Code and | 16 | | municipal vehicle ordinances or nontraffic
ordinances.
| 17 | | For the purposes of this subsection (b), "municipal vehicle | 18 | | ordinance"
means any ordinance enacted pursuant to Sections | 19 | | 11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois | 20 | | Municipal Code or any ordinance enacted by a
municipality which | 21 | | is similar to a provision of Chapter 11 of the Illinois
Vehicle | 22 | | Code.
| 23 | | (Source: P.A. 95-331, eff. 8-21-07; 95-385, eff. 1-1-08; | 24 | | 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10.)
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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