HJ0062 99TH GENERAL ASSEMBLY


  

 


 
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1
HOUSE JOINT RESOLUTION

 
2    WHEREAS, The Illinois Compiled Statutes contain numerous
3provisions, scattered across multiple chapters, creating or
4imposing a variety of different fines, fees, surcharges, and
5other miscellaneous financial assessments to be paid by
6individuals found guilty of criminal offenses; and
 
7    WHEREAS, Because fines are a component of the sentences
8imposed by criminal courts, the imposition of fines is often
9the subject of appeals, which commonly result in cases being
10remanded to the circuit courts to correct the improper
11application of statutory provisions imposing fines, fees, or
12costs; and
 
13    WHEREAS, In People v. Warren, 2014 IL App (4th) 120721, the
14Appellate Court for the Fourth District wrote, "A vast amount
15of judicial resources are expended in the appellate court to
16resolve issues concerning the ever-expanding morass of fines
17and fees enacted by the legislature"; and
 
18    WHEREAS, In People v. Folks, 406 Ill. App. 3d 300 (2010),
19the Appellate Court for the Fourth District called for a
20"comprehensive legislative revision in the assessment of
21fines, fees, costs, and the $5-per-day credit for time spent in
22custody prior to sentencing; and
 

 

 

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1    WHEREAS, In People V. Warren, the court wrote that, "[t]he
2legislature continues to enact new fines, fees, and costs-in
3this case, leading to the imposition of 33 separate
4assessments; this adds more complexity to many cases where the
5monetary assessments may not even be collected; perhaps the
6legislature will answer our call"; therefore, be it
 
7    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
8NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
9SENATE CONCURRING HEREIN, that there is created the Criminal
10Fines, Fees, and Assessments Study Committee, consisting of 10
11members appointed as follows: (1) one legislative member
12appointed by the Speaker of the House of Representatives; (2)
13one legislative member appointed by the Minority Leader of the
14House of Representatives; (3) one legislative member appointed
15by the President of the Senate; (4) one legislative member
16appointed by the Minority Leader of the Senate; (5) 2 members
17of a Statewide association representing State's Attorneys; (6)
182 members of a Statewide association representing Circuit Court
19Clerks; (7) one member representing the Administrative Office
20of the Illinois Courts; and (8) one member representing the
21Office of the Attorney General; and be it further
 
22    RESOLVED, That 2 chairpersons, representing different
23political parties, shall be selected by the members of the

 

 

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1Study Committee; and be it further
 
2    RESOLVED, That members of the Study Committee shall serve
3without compensation; and be it further
 
4    RESOLVED, That the Study Committee shall undertake a
5comprehensive and thorough review of the provisions of the
6Illinois Compiled Statutes that create or impose fines, fees,
7or other financial assessments upon persons found guilty of
8criminal violations; and be it further
 
9    RESOLVED, That the Study Committee shall undertake a
10comprehensive and thorough review of the relevant case law in
11which a State or federal appellate court has found error by an
12Illinois court, or by an Illinois circuit court clerk, in their
13application of the provisions of the Illinois Compiled Statutes
14that create or impose fines, fees, or other financial
15assessments upon persons found guilty of criminal violations;
16and be it further
 
17    RESOLVED, That the Study Committee shall develop specific
18written recommendations for legislation to clarify and bring
19consistency and organization to the various provisions of the
20Illinois Compiled Statutes that create or impose fines, fees,
21or other financial assessments upon persons found guilty of
22criminal violations; and be it further
 

 

 

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1    RESOLVED, That the Study Committee shall draft one or more
2proposed bills to effectuate its recommendations; and be it
3further
 
4    RESOLVED, That the Study Committee shall submit its written
5recommendations and proposed legislation to the Governor, the
6Speaker of the House of Representatives, the Minority Leader of
7the House of Representatives, the President of the Senate, the
8Minority Leader of the Senate, and the Attorney General no
9later than December 31, 2015.