Full Text of SB1631 97th General Assembly
SB1631ham001 97TH GENERAL ASSEMBLY | Rep. Frank J. Mautino Filed: 5/5/2011
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| 1 | | AMENDMENT TO SENATE BILL 1631
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1631 on page 1, by | 3 | | inserting immediately below line 3 the following:
| 4 | | "Section 2. The Clerks of Courts Act is amended by changing | 5 | | Section 27.3a as follows:
| 6 | | (705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
| 7 | | Sec. 27.3a. Fees for automated record keeping , probation | 8 | | and court services operations, and State Police operations.
| 9 | | 1. The expense of establishing and maintaining automated | 10 | | record
keeping systems in the offices of the clerks of the | 11 | | circuit court shall
be borne by the county. To defray such | 12 | | expense in any county having
established such an automated | 13 | | system or which elects to establish such a
system, the county | 14 | | board may require the clerk of the circuit court in
their | 15 | | county to charge and collect a court automation fee of not less | 16 | | than
$1 nor more than $15 to be charged and collected by the |
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| 1 | | clerk of the court.
Such fee shall be paid at the time of | 2 | | filing the first pleading, paper or
other appearance filed by | 3 | | each party in all civil cases or by the defendant
in any | 4 | | felony, traffic, misdemeanor, municipal ordinance, or | 5 | | conservation
case upon a judgment of guilty or grant of | 6 | | supervision, provided that
the record keeping system which | 7 | | processes the case
category for which the fee is charged is | 8 | | automated or has been approved for
automation by the county | 9 | | board, and provided further that no additional fee
shall be | 10 | | required if more than one party is presented in a single | 11 | | pleading,
paper or other appearance. Such fee shall be | 12 | | collected in the manner in
which all other fees or costs are | 13 | | collected.
| 14 | | 1.1. Starting on the effective date of this amendatory Act | 15 | | of the 97th General Assembly and pursuant to an administrative | 16 | | order from the chief judge of the circuit or the presiding | 17 | | judge of the county authorizing such collection, a clerk of the | 18 | | circuit court in any county that imposes a fee pursuant to | 19 | | subsection 1 of this Section shall also charge and collect an | 20 | | additional $10 operations fee for probation and court services | 21 | | department operations. | 22 | | 1.2. With respect to the fee imposed and collected under | 23 | | subsection 1.1 of this Section, each clerk shall transfer all | 24 | | fees monthly to the county treasurer for deposit into the | 25 | | probation and court services fund created under Section 15.1 of | 26 | | the Probation and Probation Officers Act. |
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| 1 | | 1.5. Starting on the effective date of this amendatory Act | 2 | | of the 96th General Assembly, a clerk of the circuit court in | 3 | | any county that imposes a fee pursuant to subsection 1 of this | 4 | | Section, shall charge and collect an additional fee in an | 5 | | amount equal to the amount of the fee imposed pursuant to | 6 | | subsection 1 of this Section. This additional fee shall be paid | 7 | | by the defendant in any felony, traffic, misdemeanor, local | 8 | | ordinance, or conservation case upon a judgment of guilty or | 9 | | grant of supervision. | 10 | | 2. With respect to the fee imposed under subsection 1 of | 11 | | this Section, each clerk shall commence such charges and | 12 | | collections upon receipt
of written notice from the chairman of | 13 | | the county board together with a
certified copy of the board's | 14 | | resolution, which the clerk shall file of
record in his office.
| 15 | | 3. With respect to the fee imposed under subsection 1 of | 16 | | this Section, such fees shall be in addition to all other fees | 17 | | and charges of such
clerks, and assessable as costs, and may be | 18 | | waived only if the judge
specifically provides for the waiver | 19 | | of the court automation fee. The
fees shall be remitted monthly | 20 | | by such clerk to the county treasurer, to be
retained by him in | 21 | | a special fund designated as the court automation fund.
The | 22 | | fund shall be audited by the county auditor, and the board | 23 | | shall make
expenditure from the fund in payment of any cost | 24 | | related to the automation
of court records, including hardware, | 25 | | software, research and development
costs and personnel related | 26 | | thereto, provided that the expenditure is
approved by the clerk |
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| 1 | | of the court and by the chief judge of the circuit
court or his | 2 | | designate.
| 3 | | 4. With respect to the fee imposed under subsection 1 of | 4 | | this Section, such fees shall not be charged in any matter | 5 | | coming to any such clerk
on change of venue, nor in any | 6 | | proceeding to review the decision of any
administrative | 7 | | officer, agency or body.
| 8 | | 5. With respect to the additional fee imposed under | 9 | | subsection 1.5 of this Section, the fee shall be remitted by | 10 | | the circuit clerk to the State Treasurer within one month after | 11 | | receipt for deposit into the State Police Operations Assistance | 12 | | Fund. | 13 | | (Source: P.A. 96-1029, eff. 7-13-10.)".
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