Full Text of HB4594 100th General Assembly
HB4594sam002 100TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 5/18/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4594
| 2 | | AMENDMENT NO. ______. Amend House Bill 4594 as follows:
| 3 | | on page 4, by inserting immediately below line 15 the | 4 | | following: | 5 | | ""Offense" means a violation of any local ordinance or | 6 | | penal statute of this State."; and | 7 | | on page 5, by inserting immediately below line 11 the | 8 | | following: | 9 | | "Section 1-10. Assessment report.
| 10 | | Not later than March 1 of each year, the clerk of the | 11 | | circuit court
shall publish a report of the number of cases, | 12 | | number of dispositions in which an assessment was imposed, | 13 | | number of dispositions in which an assessment was waived, | 14 | | number of dispositions in which a partial assessment was | 15 | | imposed, and amount of funds collected under each schedule of |
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| 1 | | this Act and under each paragraph of Section 15-70 of this Act | 2 | | during the preceding calendar year. The report shall include | 3 | | all assessment waivers and reductions with all personal | 4 | | identifying information removed."; and | 5 | | on page 16, by inserting immediately above line 20 the | 6 | | following: | 7 | | "(17) The Courthouse Security Fund is to
defray the | 8 | | expense of purchasing materials and employing personnel | 9 | | for maintaining
the safety and security of the county | 10 | | courthouse. Expenditures from this
fund may be made by the | 11 | | Sheriff for purchasing materials and employing personnel | 12 | | for maintaining
the safety and security of the county | 13 | | courthouse."; and | 14 | | on page 17, line 1, by replacing "$354" with "$359"; and | 15 | | on page 17, by inserting immediately below line 6 the | 16 | | following: | 17 | | "(C-5) $10 into the Courthouse Security Fund;"; | 18 | | and | 19 | | on page 17, line 7, by replacing "$255" with "$240"; and | 20 | | on page 17, line 8, by replacing "$10" with "$20"; and |
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| 1 | | on page 17, line 15, by replacing "$195" with "$190"; and | 2 | | on page 17, line 23, by replacing "$35" with "$30"; and | 3 | | on page 18, line 5, by replacing "$1,709" with "$1,709 plus, if | 4 | | applicable, the amount established under paragraph (1.5) of | 5 | | this Section"; and | 6 | | on page 18, line 6, by replacing "$399" with "$404"; and | 7 | | on page 18, by inserting immediately below line 11 the | 8 | | following: | 9 | | "(C-5) $10 into the Courthouse Security Fund;"; | 10 | | and | 11 | | on page 18, line 12, by replacing "$300" with "$285"; and | 12 | | on page 18, line 13, by replacing "$10" with "$20"; and | 13 | | on page 18, by inserting immediately below line 19 the | 14 | | following: | 15 | | "(1.5) In a county with a population of 3,000,000 or more, | 16 | | the county board may by ordinance or resolution establish an | 17 | | additional assessment not to exceed $37 to be remitted to the | 18 | | county treasurer of which $5 shall be deposited into the Court | 19 | | Automation Fund, $5 shall be deposited into the Court Document |
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| 1 | | Storage Fund, $2 shall be deposited into the State's Attorneys | 2 | | Records Automation Fund, $2 shall be deposited into the Public | 3 | | Defenders Records Automation Fund, $10 shall be deposited into | 4 | | the Probation and Court Services Fund, and the remainder shall | 5 | | be used for purposes related to the operation of the court | 6 | | system."; and | 7 | | on page 18, line 20, by replacing "$1,110" with "$1,105"; and | 8 | | on page 19, line 4, by replacing "$160" with "$155"; and | 9 | | on page 19, line 22, by replacing "$354" with "$359"; and | 10 | | on page 20, by inserting immediately below line 2 the | 11 | | following: | 12 | | "(C-5) $10 into the Courthouse Security Fund;"; | 13 | | and | 14 | | on page 20, line 3, by replacing "$255" with "$240"; and | 15 | | on page 20, line 4, by replacing "$10" with "$20"; and | 16 | | on page 20, line 11, by replacing "$1,861" with "$1,856"; and | 17 | | on page 21, line 1, by replacing "$35" with "$30"; and |
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| 1 | | on page 21, line 7, by replacing "$354" with "$359"; and | 2 | | on page 21, by inserting immediately below line 12 the | 3 | | following: | 4 | | "(C-5) $10 into the Courthouse Security Fund;"; | 5 | | and | 6 | | on page 21, line 13, by replacing "$255" with "$240"; and | 7 | | on page 21, line 14, by replacing "$10" with "$20"; and | 8 | | on page 21, line 21, by replacing "$960" with "$955"; and | 9 | | on page 22, line 7, by replacing "$35" with "$30"; and | 10 | | on page 22, by inserting immediately below line 18 the | 11 | | following: | 12 | | "(C-5) $5 into the Courthouse Security Fund;"; and | 13 | | on page 22, line 21, by replacing "$185" with "$180"; and | 14 | | on page 24, line 2, by replacing "$1,381" with "$1,381 plus, if | 15 | | applicable, the amount established under paragraph (1.5) of | 16 | | this Section"; and | 17 | | on page 24, by inserting immediately below line 9 the |
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| 1 | | following: | 2 | | "(C-5) $5 into the Courthouse Security Fund;"; and | 3 | | on page 24, line 12, by replacing "$225" with "$220"; and | 4 | | on page 24, by inserting immediately below line 19 the | 5 | | following: | 6 | | "(1.5) In a county with a population of 3,000,000 or more, | 7 | | the county board may by ordinance or resolution establish an | 8 | | additional assessment not to exceed $28 to be remitted to the | 9 | | county treasurer of which $5 shall be deposited into the Court | 10 | | Automation Fund, $5 shall be deposited into the Court Document | 11 | | Storage Fund, $2 shall be deposited into the State's Attorneys | 12 | | Records Automation Fund, $2 shall be deposited into the Public | 13 | | Defenders Records Automation Fund, $10 shall be deposited into | 14 | | the Probation and Court Services Fund, and the remainder shall | 15 | | be used for purposes related to the operation of the court | 16 | | system."; and | 17 | | on page 26, by inserting immediately below line 8 the | 18 | | following: | 19 | | "(C-5) $5 into the Courthouse Security Fund;"; and | 20 | | on page 26, line 11, by replacing "$185" with "$180"; and | 21 | | on page 28, by inserting immediately below line 2 the |
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| 1 | | following: | 2 | | "(C-5) $5 into the Courthouse Security Fund;"; and | 3 | | on page 28, line 5, by replacing "$185" with "$180"; and | 4 | | on page 29, by inserting immediately below line 17 the | 5 | | following: | 6 | | "(C-5) $5 into the Courthouse Security Fund;"; and | 7 | | on page 29, line 20, by replacing "$150" with "$145"; and | 8 | | on page 31, by inserting immediately below line 17 the | 9 | | following: | 10 | | "(C-5) $5 into the Courthouse Security Fund;"; and | 11 | | on page 31, line 20, by replacing "$115" with "$110"; and | 12 | | on page 33, line 12, by replacing "$260" with "$310"; and | 13 | | on page 33, by inserting immediately below line 18 the | 14 | | following: | 15 | | "(C-5) $5 into the Courthouse Security Fund;"; and | 16 | | on page 33, line 21, by replacing "$115" with "$110"; and | 17 | | on page 33, line 22, by replacing "$92" with "$117"; and |
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| 1 | | on page 34, line 2, by replacing "$31" with "$56"; and | 2 | | on page 34, by inserting immediately below line 4 the | 3 | | following: | 4 | | "(3)
As the arresting agency's portion, $25 to the | 5 | | treasurer of the unit of local government of the arresting | 6 | | agency, who shall deposit the money into the General Fund of | 7 | | that unit of local government or as provided in subsection (c) | 8 | | of Section 10-5 of this Act if the arresting agency is a State | 9 | | agency, unless more than one agency is responsible for the | 10 | | arrest in which case the amount shall be remitted to each unit | 11 | | of government equally."; and | 12 | | on page 34, by inserting immediately below line 13 the | 13 | | following: | 14 | | "(C-5) $5 into the Courthouse Security Fund;"; and | 15 | | on page 34, line 16, by replacing "$115" with "$110"; and | 16 | | on page 35, line 7, by replacing "$100" with "$87"; and | 17 | | on page 35, line 9, by replacing "$20" with "$15"; and | 18 | | on page 35, line 10, by replacing "$20" with "$15"; and |
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| 1 | | on page 35, line 13, by replacing "$8" with "$5"; and | 2 | | on page 35, line 16, by replacing "$14" with "$25"; and | 3 | | on page 35, line 21, by replacing "$4" with "$15"; and | 4 | | on page 35, line 25, by replacing "$50" with "$52"; and | 5 | | on page 36, line 9, by replacing "$48" with "$50"; and | 6 | | on page 42, by inserting immediately below line 17 the | 7 | | following: | 8 | | "(10.5) aggravated criminal sexual assault, attempted | 9 | | aggravated criminal sexual assault, aggravated criminal | 10 | | sexual abuse, attempted aggravated criminal sexual abuse, | 11 | | predatory criminal sexual assault of a child, attempted | 12 | | predatory criminal sexual assault of a child, felony | 13 | | criminal sexual abuse, or felony sexual exploitation of a | 14 | | child under Article 11 of the Criminal Code of 2012, $100 | 15 | | for each sentenced violation to the State Treasurer for
| 16 | | deposit into the Sexual Assault Services Fund;"; and | 17 | | on page 44, by inserting immediately below line 5 the | 18 | | following: | 19 | | "(13.5) victim under 18 years of age, $100 for each | 20 | | sentenced violation to the county treasurer for
deposit |
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| 1 | | into the Child Advocacy Center Fund;"; and | 2 | | on page 101, by replacing lines 21 and 22 with " this Section. | 3 | | Except as otherwise specified in this Section, all fees under | 4 | | this Section shall be paid in
advance and disbursed by each | 5 | | clerk on a monthly basis. In a county with a population of over | 6 | | 3,000,000, units of local government and school districts shall | 7 | | not be required to pay fees under this Section in advance, and | 8 | | the clerk shall instead send an itemized bill to the unit of | 9 | | local government or school district within 30 days of the fee | 10 | | being incurred, and the unit of local government or school | 11 | | district shall be allowed at least 30 days from the date of the | 12 | | itemized bill to pay; these payments shall be disbursed by each | 13 | | clerk on a monthly basis. Unless "; and | 14 | | on page 103, by replacing lines 16 and 17 with " purposes | 15 | | related to the operation and security of the court system
in | 16 | | the county. From the sum remitted to the County Treasurer under | 17 | | this subparagraph (C), $10 shall be deposited into the | 18 | | Courthouse Security Fund. "; and | 19 | | on page 104, by replacing lines 22 and 23 with " purposes | 20 | | related to the operation and security of the court system
in | 21 | | the county. From the sum remitted to the County Treasurer under | 22 | | this subparagraph (C), $10 shall be deposited into the | 23 | | Courthouse Security Fund. "; and |
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| 1 | | on page 105, by replacing lines 24 and 25 with " purposes | 2 | | related to the operation and security of the court system
in | 3 | | the county. From the sum remitted to the County Treasurer under | 4 | | this subparagraph (C), $10 shall be deposited into the | 5 | | Courthouse Security Fund. "; and | 6 | | on page 107, by replacing lines 9 and 10 with " purposes related | 7 | | to the operation and security of the court system
in the | 8 | | county. From the sum remitted to the County Treasurer under | 9 | | this subparagraph (C), $10 shall be deposited into the | 10 | | Courthouse Security Fund. "; and | 11 | | on page 108, by replacing lines 6 and 7 with " purposes related | 12 | | to the operation and security of the court system
in the | 13 | | county. From the sum remitted to the County Treasurer under | 14 | | this subparagraph (C), $10 shall be deposited into the | 15 | | Courthouse Security Fund. "; and | 16 | | on page 112, by inserting immediately below line 17 the | 17 | | following: | 18 | | " (j-5) Debt Collection. In any proceeding to collect a debt | 19 | | subject to the exception in item (ii) of subparagraph (A-5) of | 20 | | paragraph (1) of subsection (z) of this Section, the circuit | 21 | | court shall order and the clerk shall collect from each | 22 | | judgment debtor a fee of: |
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| 1 | | (1) $45 if the amount in controversy in the proceeding | 2 | | is not more than $1,000; | 3 | | (2) $65 if the amount in controversy in the proceeding | 4 | | is greater than $1,000 and not more than $5,000; and | 5 | | (3) $95 if the amount in controversy in the proceeding | 6 | | is greater than $5,000. "; and | 7 | | on page 119, line 11, after " State or ", by inserting " agency | 8 | | of "; and | 9 | | on page 119, by replacing lines 16 through 21 with the | 10 | | following: | 11 | | " (A-5) any unit of local government or school | 12 | | district, except in counties having a population of | 13 | | 500,000 or more the county board may by resolution set | 14 | | fees for units of local government or school districts | 15 | | no greater than the minimum fees applicable in counties | 16 | | with a population less than 3,000,000; provided | 17 | | however, no fee may be charged to any unit of local | 18 | | government or school district in connection with any | 19 | | action which, in whole or in part, is: (i) to enforce | 20 | | an ordinance; (ii) to collect a debt; or (iii) under | 21 | | the Administrative Review Law; "; and | 22 | | on page 120, by inserting immediately below line 25 the | 23 | | following: |
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| 1 | | " (z-5) Not later than March 1 of each year, the clerk
of | 2 | | the circuit court shall publish a report of the number of | 3 | | cases, number of dispositions in which a fee was imposed, | 4 | | number of dispositions in which a fee was waived, number of | 5 | | dispositions in which a partial fee was imposed, and amount of | 6 | | funds collected under each schedule and subsection of this | 7 | | Section during the preceding calendar year. The report shall | 8 | | include all fee waivers and reductions with all personal | 9 | | identifying information removed. "; and | 10 | | on page 120, line 26, by replacing " December 31, 2019 " with | 11 | | " January 1, 2020 "; and | 12 | | on page 166, by inserting immediately below line 15 the | 13 | | following: | 14 | | " (3) If the court grants a full
assessment waiver or a | 15 | | partial
assessment to a defendant, the court shall set | 16 | | forth in writing the full
assessment waiver or the partial
| 17 | | assessment. "; and | 18 | | on page 313, by inserting immediately below line 11 the | 19 | | following: | 20 | | " (3) If the court grants a full
fees, costs, and | 21 | | charges waiver or a partial
fees, costs, and charges waiver | 22 | | to a defendant, the court shall set forth in writing the | 23 | | full
fees, costs, and charges waiver or the partial
fees, |
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| 1 | | costs, and charges waiver. ".
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