Full Text of HB4265 100th General Assembly
HB4265ham001 100TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 11/15/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4265
| 2 | | AMENDMENT NO. ______. Amend House Bill 4265 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-9-3 as follows:
| 6 | | (730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
| 7 | | Sec. 5-9-3. Default.
| 8 | | (a) An offender who defaults in the payment of a fine or
| 9 | | any
installment of that fine may be held in contempt and | 10 | | imprisoned for nonpayment. The
court may issue a summons for | 11 | | his appearance or a warrant of arrest. No less than 30 days | 12 | | before the issuance of a warrant under this subsection, a | 13 | | notice shall be mailed to the offender by first class mail to | 14 | | the most recent address which the offender has provided to the | 15 | | court. The notice shall contain the following information: | 16 | | (1) the amount of the fine which is due and owing; |
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| 1 | | (2) the docket number of the case in which the fine was | 2 | | assessed; | 3 | | (3) the due date for payment of the fine; | 4 | | (4) instructions as to how payment of the fine may be | 5 | | made; | 6 | | (5) an explanation that intentional refusal to pay the | 7 | | fine may result in imprisonment; and | 8 | | (6) instructions as to how the offender may request a | 9 | | hearing to present evidence that the offender did not | 10 | | intentionally refuse to pay the fine, and that failure to | 11 | | pay was the result of the offender's inability to pay the | 12 | | fine.
| 13 | | (b) Unless the offender shows that his default was not due | 14 | | to his
intentional refusal to pay, or not due to a failure on | 15 | | his part to make a
good faith effort to pay, the court may | 16 | | order the offender imprisoned for a
term not to exceed 6 months | 17 | | if the fine was for a felony, or 30 days if the
fine was for a | 18 | | misdemeanor, a petty offense or a business offense. Payment
of | 19 | | the fine at any time will entitle the offender to be released, | 20 | | but
imprisonment under this Section shall not satisfy the | 21 | | payment of the fine.
| 22 | | (c) If it appears that the default in the payment of a fine | 23 | | is not
intentional under paragraph (b) of this Section, the | 24 | | court may enter an
order allowing the offender additional time | 25 | | for payment, reducing the
amount of the fine or of each | 26 | | installment, or revoking the fine or the
unpaid portion.
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| 1 | | (d) When a fine is imposed on a corporation or | 2 | | unincorporated
organization or association, it is the duty of | 3 | | the person or persons
authorized to make disbursement of | 4 | | assets, and their superiors, to pay the
fine from assets of the | 5 | | corporation or unincorporated organization or
association. The | 6 | | failure of such persons to do so shall render them subject
to | 7 | | proceedings under paragraphs (a) and (b) of this Section.
| 8 | | (e) A default in the payment of a fine, fee, cost, order of | 9 | | restitution, judgment of bond forfeiture, judgment order of | 10 | | forfeiture, or any installment thereof
may be
collected by any | 11 | | and all means authorized for the collection of money judgments. | 12 | | The State's Attorney of the county in which the fine, fee, | 13 | | cost, order of restitution, judgment of bond forfeiture, or | 14 | | judgment order of forfeiture was imposed may retain
attorneys | 15 | | and private collection agents for the purpose of collecting any
| 16 | | default in payment of any fine, fee, cost, order of | 17 | | restitution, judgment of bond forfeiture, judgment order of | 18 | | forfeiture, or installment thereof. An additional fee of 30% of | 19 | | the delinquent amount and each taxable court cost including, | 20 | | without limitation, costs of service of process, shall be | 21 | | charged to the offender for any amount of the fine, fee, cost, | 22 | | restitution, or judgment of bond forfeiture or installment of | 23 | | the fine, fee, cost, restitution, or judgment of bond | 24 | | forfeiture that remains unpaid after the time fixed for payment | 25 | | of the fine, fee, cost, restitution, or judgment of bond | 26 | | forfeiture by the court. The additional fee shall be payable to |
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| 1 | | the State's Attorney in order to compensate the State's | 2 | | Attorney for costs incurred in collecting the delinquent | 3 | | amount. The State's Attorney may enter into agreements | 4 | | assigning any portion of the fee to the retained attorneys or | 5 | | the private collection agent retained by the State's Attorney. | 6 | | Any agreement between the State's Attorney and the retained | 7 | | attorneys or collection agents shall require the approval of | 8 | | the Circuit Clerk of that county. A default in payment of a | 9 | | fine, fee, cost, restitution, or judgment of bond forfeiture | 10 | | shall draw interest at the rate of 9% per annum.
| 11 | | (Source: P.A. 98-373, eff. 1-1-14.)".
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