Full Text of SB1697 97th General Assembly
SB1697 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1697 Introduced 2/9/2011, by Sen. John J. Millner SYNOPSIS AS INTRODUCED: |
|
55 ILCS 5/4-2002 | from Ch. 34, par. 4-2002 |
|
Amends the Counties Code. Provides that State's Attorneys shall be entitled to a $2 fee paid by the defendant on a judgment of guilty or grant of supervision for any violation of the Illinois Vehicle Code, as well as any felony, misdemeanor, or petty offense. Provides that the fees shall be used by the State's Attorney's office to establish and maintain automated record keeping systems, and requires that the fees be remitted to the county treasurer to deposit into a special fund.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | SB1697 | | LRB097 05391 KMW 45449 b |
|
| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing Section | 5 | | 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, | 17 | | arson and forgery, $30. All other cases punishable by | 18 | | imprisonment
in the penitentiary, $30.
| 19 | | 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.
|
| | | SB1697 | - 2 - | LRB097 05391 KMW 45449 b |
|
| 1 | | For preliminary examinations for each defendant held to | 2 | | bail or
recognizance, $10.
| 3 | | For each examination of a party bound over to keep the | 4 | | peace, $10.
| 5 | | For each defendant held to answer in a circuit court on a | 6 | | charge of
paternity, $10.
| 7 | | For each trial on a charge of paternity, $30.
| 8 | | 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.
| 12 | | 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.
| 16 | | 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.
| 23 | | 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 |
| | | SB1697 | - 3 - | LRB097 05391 KMW 45449 b |
|
| 1 | | 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.
| 4 | | 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.
| 7 | | For each proceeding in a circuit court to inquire into the | 8 | | alleged
mental illness of any person, $10 for each defendant.
| 9 | | For each proceeding in a circuit court to inquire into the | 10 | | alleged
dependency or delinquency of any child, $10.
| 11 | | For each day actually employed in the hearing of a case of | 12 | | habeas
corpus in which the people are interested, $25.
| 13 | | 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.
| 18 | | State's attorneys shall be entitled to a $2 fee to be paid | 19 | | by the defendant on a judgment of guilty or a grant of | 20 | | supervision for a violation of any provision of the Illinois | 21 | | Vehicle Code or any felony, misdemeanor, or petty offense to | 22 | | discharge the expenses of the State's Attorney's office for | 23 | | establishing and maintaining automated record keeping systems. | 24 | | The fee shall be remitted monthly to the county treasurer, to | 25 | | be deposited by him or her into a special fund designated as | 26 | | the State's Attorney Records Automation Fund. Expenditures |
| | | SB1697 | - 4 - | LRB097 05391 KMW 45449 b |
|
| 1 | | from this fund may be made by the State's Attorney for | 2 | | hardware, software, research, and development costs and | 3 | | personnel related thereto. | 4 | | All the foregoing fees shall be taxed as costs to be | 5 | | collected from
the defendant, if possible, upon conviction. But | 6 | | in cases of inquiry
into the mental illness of any person | 7 | | alleged to be mentally ill, in
cases on a charge of paternity | 8 | | and in cases of appeal in the Supreme or
Appellate Court, where | 9 | | judgment is in favor of the accused, the fees
allowed the | 10 | | State's attorney therein shall be retained out of the fines
and | 11 | | forfeitures collected by them in other cases.
| 12 | | Ten per cent of all moneys except revenue, collected by | 13 | | them and paid
over to the authorities entitled thereto, which | 14 | | per cent together with
the fees provided for herein that are | 15 | | not collected from the parties
tried or examined, shall be paid | 16 | | out of any fines and forfeited
recognizances collected by them, | 17 | | provided however, that in proceedings
to foreclose the lien of | 18 | | delinquent real estate taxes State's attorneys
shall receive a | 19 | | fee, to be credited to the earnings of their office, of 10%
of | 20 | | the total amount realized from the sale of real estate sold in | 21 | | such
proceedings. Such fees shall be paid from the total amount | 22 | | realized from
the sale of the real estate sold in such | 23 | | proceedings.
| 24 | | State's attorneys shall have a lien for their fees on all | 25 | | judgments
for fines or forfeitures procured by them and on | 26 | | moneys except revenue
received by them until such fees and |
| | | SB1697 | - 5 - | LRB097 05391 KMW 45449 b |
|
| 1 | | earnings are fully paid.
| 2 | | No fees shall be charged on more than 10 counts in any one | 3 | | indictment
or information on trial and conviction; nor on more | 4 | | than 10 counts
against any one defendant on pleas of guilty.
| 5 | | The Circuit Court may direct that of all monies received, | 6 | | by
restitution or otherwise, which monies are ordered paid to | 7 | | the
Department of Healthcare and Family Services (formerly | 8 | | Department of Public Aid) or the Department of Human Services | 9 | | (acting as
successor to the Department of Public Aid under the | 10 | | Department of Human
Services Act) as a direct result of the | 11 | | efforts
of the
State's attorney and which payments arise from | 12 | | Civil or Criminal
prosecutions involving the Illinois Public | 13 | | Aid Code or the Criminal Code,
the
following amounts shall be | 14 | | paid quarterly by the Department of Healthcare and Family | 15 | | Services or the Department of Human Services to the General | 16 | | Corporate Fund of
the County in which the prosecution
or cause | 17 | | of action took place:
| 18 | | (1) where the monies result from child support | 19 | | obligations, not
more than 25% of the federal share of the | 20 | | monies received,
| 21 | | (2) where the monies result from other than child | 22 | | support
obligations, not more than 25% of the State's share | 23 | | of the monies received.
| 24 | | In addition to any other amounts to which State's Attorneys | 25 | | are entitled under this Section, State's Attorneys are entitled | 26 | | to $10 of the fine that is imposed under Section 5-9-1.17 of |
| | | SB1697 | - 6 - | LRB097 05391 KMW 45449 b |
|
| 1 | | the Unified Code of Corrections, as set forth in that Section. | 2 | | (b) A municipality shall be entitled to a $25 prosecution | 3 | | fee for each
conviction for a violation of the Illinois Vehicle | 4 | | Code prosecuted by the
municipal attorney pursuant to Section | 5 | | 16-102 of that Code which is tried
before a circuit or | 6 | | associate judge and shall be entitled to a $25
prosecution fee | 7 | | for each conviction for a violation of a municipal vehicle
| 8 | | ordinance or nontraffic ordinance prosecuted by the municipal | 9 | | attorney
which is tried before a circuit or associate judge. | 10 | | Such fee shall be taxed as
costs to be collected from the | 11 | | defendant, if possible, upon conviction. A
municipality shall | 12 | | have a lien for such prosecution fees on all judgments or
fines | 13 | | procured by the municipal attorney from prosecutions for | 14 | | violations of
the Illinois Vehicle Code and municipal vehicle | 15 | | ordinances or nontraffic
ordinances.
| 16 | | For the purposes of this subsection (b), "municipal vehicle | 17 | | ordinance"
means any ordinance enacted pursuant to Sections | 18 | | 11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois | 19 | | Municipal Code or any ordinance enacted by a
municipality which | 20 | | is similar to a provision of Chapter 11 of the Illinois
Vehicle | 21 | | Code.
| 22 | | (Source: P.A. 95-331, eff. 8-21-07; 95-385, eff. 1-1-08; | 23 | | 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10.)
|
|