Full Text of HB2497 101st General Assembly
HB2497eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal and Traffic Assessment Act is | 5 | | amended by changing Section 10-5 as follows: | 6 | | (705 ILCS 135/10-5) | 7 | | (This Section may contain text from a Public Act with a | 8 | | delayed effective date )
| 9 | | (Section scheduled to be repealed on January 1, 2021) | 10 | | Sec. 10-5. Funds.
| 11 | | (a) All money collected by the Clerk of the Circuit Court | 12 | | under Article 15 of this Act shall be remitted as directed in | 13 | | Article 15 of this Act to the county treasurer, to the State | 14 | | Treasurer, and to the treasurers of the units of local | 15 | | government. If an amount payable to any of the treasurers is | 16 | | less than $10, the clerk may postpone remitting the money until | 17 | | $10 has accrued or by the end of fiscal year. The treasurers | 18 | | shall deposit the money as indicated in the schedules, except, | 19 | | in a county with a population of over 3,000,000, money remitted | 20 | | to the county treasurer shall be subject to appropriation by | 21 | | the county board. Any amount retained by the Clerk of the | 22 | | Circuit Court in a county with population of over 3,000,000 | 23 | | shall be subject to appropriation by the county board. |
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| 1 | | (b) The county treasurer or the treasurer of the unit of | 2 | | local government may create the funds indicated in paragraphs | 3 | | (1) through (5), (9), and (16) of subsection (d) of this | 4 | | Section, if not already in existence. If a county or unit of | 5 | | local government has not instituted, and does not plan to | 6 | | institute a program that uses a particular fund, the treasurer | 7 | | need not create the fund and may instead deposit the money | 8 | | intended for the fund into the general fund of the county or | 9 | | unit of local government for use in financing the court system. | 10 | | (c) If the arresting agency is a State agency, the | 11 | | arresting agency portion shall be remitted by the clerk of | 12 | | court to the State Treasurer who shall deposit the portion as | 13 | | follows: | 14 | | (1) if the arresting agency is the Department of State | 15 | | Police, into the State Police Law Enforcement | 16 | | Administration Fund; | 17 | | (2) if the arresting agency is the Department of | 18 | | Natural Resources, into the Conservation Police Operations | 19 | | Assistance Fund; | 20 | | (3) if the arresting agency is the Secretary of State, | 21 | | into the Secretary of State Police Services Fund; and | 22 | | (4) if the arresting agency is the Illinois Commerce | 23 | | Commission, into the Public Utility Fund.
| 24 | | (d) Fund descriptions and provisions: | 25 | | (1) The Court Automation Fund is to defray the expense, | 26 | | borne by the county, of establishing and maintaining |
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| 1 | | automated record keeping systems in the Office of the Clerk | 2 | | of the Circuit Court. The money shall be remitted monthly | 3 | | by the clerk to the county treasurer and identified as | 4 | | funds for the Circuit Court Clerk. The fund shall be | 5 | | audited by the county auditor, and the board shall make | 6 | | expenditures from the fund in payment of any costs related | 7 | | to the automation of court records including hardware, | 8 | | software, research and development costs, and personnel | 9 | | costs related to the foregoing, provided that the | 10 | | expenditure is approved by the clerk of the court and by | 11 | | the chief judge of the circuit court or his or her | 12 | | designee. | 13 | | (2) The Document Storage Fund is to defray the expense, | 14 | | borne by the county, of establishing and maintaining a | 15 | | document storage system and converting the records of the | 16 | | circuit court clerk to electronic or micrographic storage. | 17 | | The money shall be remitted monthly by the clerk to the | 18 | | county treasurer and identified as funds for the circuit | 19 | | court clerk. The fund shall be audited by the county | 20 | | auditor, and the board shall make expenditure from the fund | 21 | | in payment of any cost related to the storage of court | 22 | | records, including hardware, software, research and | 23 | | development costs, and personnel costs related to the | 24 | | foregoing, provided that the expenditure is approved by the | 25 | | clerk of the court. | 26 | | (3) The Circuit Clerk Operations and Administration |
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| 1 | | Fund may be used to defray the expenses incurred for | 2 | | collection and disbursement of the various assessment | 3 | | schedules. The money shall be remitted monthly by the clerk | 4 | | to the county treasurer and identified as funds for the | 5 | | circuit court clerk. | 6 | | (4) The State's Attorney Records Automation Fund is to | 7 | | defray the expense of establishing and maintaining | 8 | | automated record keeping systems in the offices of the | 9 | | State's Attorney. The money shall be remitted monthly by | 10 | | the clerk to the county treasurer for deposit into the | 11 | | State's Attorney Records Automation Fund. Expenditures | 12 | | from this fund may be made by the State's Attorney for | 13 | | hardware, software, and research and development related | 14 | | to automated record keeping systems. | 15 | | (5) The Public Defender Records Automation Fund is to | 16 | | defray the expense of establishing and maintaining | 17 | | automated record keeping systems in the offices of the | 18 | | Public Defender. The money shall be remitted monthly by the | 19 | | clerk to the county treasurer for deposit into the Public | 20 | | Defender Records Automation Fund. Expenditures from this | 21 | | fund may be made by the Public Defender for hardware, | 22 | | software, and research and development related to | 23 | | automated record keeping systems. | 24 | | (6) The DUI Fund shall be used for enforcement and | 25 | | prevention of driving while under the influence of alcohol, | 26 | | other drug or drugs, intoxicating compound or compounds or |
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| 1 | | any combination thereof, as defined by Section 11-501 of | 2 | | the Illinois Vehicle Code, including, but not limited to, | 3 | | the purchase of law enforcement equipment and commodities | 4 | | that will assist in the prevention of alcohol-related | 5 | | criminal violence throughout the State; police officer | 6 | | training and education in areas related to alcohol-related | 7 | | crime, including, but not limited to, DUI training; and | 8 | | police officer salaries, including, but not limited to, | 9 | | salaries for hire-back funding for safety checkpoints, | 10 | | saturation patrols, and liquor store sting operations.
Any | 11 | | moneys shall be used to purchase law enforcement equipment | 12 | | that will assist in the prevention of alcohol-related | 13 | | criminal violence throughout the State. The money shall be | 14 | | remitted monthly by the clerk to the State or local | 15 | | treasurer for deposit as provided by law. | 16 | | (7) The Trauma Center Fund shall be distributed as | 17 | | provided under Section 3.225 of the Emergency Medical | 18 | | Services (EMS) Systems Act. | 19 | | (8) The Probation and Court Services Fund is to be | 20 | | expended as described in Section 15.1 of the Probation and | 21 | | Probation Officers Act. | 22 | | (9) The Circuit Court Clerk Electronic Citation Fund | 23 | | shall have the Circuit Court Clerk as the custodian, ex | 24 | | officio, of the Fund and shall be used to perform the | 25 | | duties required by the office for establishing and | 26 | | maintaining electronic citations. The Fund shall be |
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| 1 | | audited by the county's auditor. | 2 | | (10) The Drug Treatment Fund is a special fund in the | 3 | | State treasury. Moneys in the Fund shall be expended as | 4 | | provided in Section 411.2 of the Illinois Controlled | 5 | | Substances Act. | 6 | | (11) The Violent Crime Victims Assistance Fund is a | 7 | | special fund in the State treasury to provide moneys for | 8 | | the grants to be awarded under the Violent Crime Victims | 9 | | Assistance Act. | 10 | | (12) The Criminal Justice Information Projects Fund | 11 | | shall be appropriated to and administered by the Illinois | 12 | | Criminal Justice Information Authority for distribution to | 13 | | fund Department of State Police drug
task forces and | 14 | | Metropolitan Enforcement Groups, for the costs associated | 15 | | with making grants from the Prescription Pill and Drug | 16 | | Disposal Fund, for undertaking criminal justice | 17 | | information projects, and for the operating and other
| 18 | | expenses of the Authority incidental to those criminal | 19 | | justice information projects. The moneys deposited into | 20 | | the Criminal Justice Information Projects Fund under | 21 | | Sections 15-15 and 15-35 of this Act shall be appropriated | 22 | | to and administered by the Illinois Criminal Justice | 23 | | Information Authority for distribution to fund Department | 24 | | of State Police drug
task forces and Metropolitan | 25 | | Enforcement Groups
by dividing the
funds equally by the | 26 | | total number of Department of State Police
drug task forces |
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| 1 | | and Illinois Metropolitan Enforcement Groups. | 2 | | (13) The Sexual Assault Services Fund shall be | 3 | | appropriated to the Department of Public Health. Upon | 4 | | appropriation of moneys from the Sexual Assault Services | 5 | | Fund, the Department of Public Health shall make grants of | 6 | | these moneys to sexual assault organizations with whom the | 7 | | Department has contracts for the purpose of providing | 8 | | community-based services to victims of sexual assault. | 9 | | Grants are in addition to, and are not substitutes for, | 10 | | other grants authorized and made by the Department. | 11 | | (14) The County Jail Medical Costs Fund is to help | 12 | | defray the costs outlined in Section 17 of the County Jail | 13 | | Act. Moneys in the Fund shall be used solely for | 14 | | reimbursement to the county of costs for medical expenses | 15 | | and administration of the Fund. | 16 | | (15) The Prisoner Review Board Vehicle and Equipment | 17 | | Fund is a special fund in the State treasury. The Prisoner | 18 | | Review Board shall, subject to appropriation by the General | 19 | | Assembly and approval by the Secretary, use all moneys in | 20 | | the Prisoner Review Board Vehicle and Equipment Fund for | 21 | | the purchase and operation of vehicles and equipment. | 22 | | (16) In each county in which a Children's Advocacy | 23 | | Center provides services, a Child Advocacy Center Fund is | 24 | | specifically for the operation and administration of the | 25 | | Children's Advocacy Center, from which the county board | 26 | | shall make grants to support the activities and services of |
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| 1 | | the Children's Advocacy Center within that county.
| 2 | | (17) In each county in which Court Appointed Special | 3 | | Advocates provide services, a Court Appointed Special | 4 | | Advocates Fund is specifically for the operations of the | 5 | | Court Appointed Special Advocates, from which the county | 6 | | board shall make grants to support the activities and | 7 | | services of the Court Appointed Special Advocates within | 8 | | that county. The term "Court Appointed Special Advocates" | 9 | | is copyrighted and is used with permission of the holder of | 10 | | the copyright. | 11 | | (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
| 12 | | Section 99. Effective date. This Act takes effect July 1, | 13 | | 2019.
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