Full Text of HB0350 102nd General Assembly
HB0350sam001 102ND GENERAL ASSEMBLY | Sen. Scott M. Bennett Filed: 4/28/2021
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| 1 | | AMENDMENT TO HOUSE BILL 350
| 2 | | AMENDMENT NO. ______. Amend House Bill 350 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal and Traffic Assessment Act is | 5 | | amended by changing Sections 5-10 and 5-20 as follows: | 6 | | (705 ILCS 135/5-10)
| 7 | | (Section scheduled to be repealed on January 1, 2022) | 8 | | Sec. 5-10. Schedules; payment.
| 9 | | (a) In each case, the court shall order an assessment at | 10 | | the time of sentencing, as set forth in this Act, for a | 11 | | defendant to pay in addition to any fine, restitution, or | 12 | | forfeiture ordered by the court when the defendant is | 13 | | convicted of, pleads guilty to, or is placed on court | 14 | | supervision for a violation of a statute of this State or a | 15 | | similar local ordinance. The court may order a fine, | 16 | | restitution, or forfeiture on any violation that is being |
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| 1 | | sentenced but shall order only one assessment from the | 2 | | Schedule of Assessments 1 through 13 of this Act for all | 3 | | sentenced violations in a case, that being the schedule | 4 | | applicable to the highest classified offense violation that is | 5 | | being sentenced, plus any conditional assessments under | 6 | | Section 15-70 of this Act applicable to any sentenced | 7 | | violation in the case. | 8 | | (b) If the defendant's income is less than 200% of the | 9 | | poverty level, before the court orders an assessment, the | 10 | | court shall make a determination of the defendant's ability to | 11 | | pay the assessment. If the court determines that the defendant | 12 | | is unable to pay the assessment, the court may reduce the | 13 | | assessment or waive the assessment in the court's discretion. | 14 | | If the court finds that the schedule of assessments will cause | 15 | | an undue burden on any victim in a case or if the court orders | 16 | | community service or some other punishment in place of the | 17 | | applicable schedule of assessments, the court may reduce the | 18 | | amount set forth in the applicable schedule of assessments or | 19 | | not order the applicable schedule of assessments. If the court | 20 | | reduces the amount set forth in the applicable schedule of | 21 | | assessments, then all recipients of the funds collected will | 22 | | receive a prorated amount to reflect the reduction. | 23 | | (c) The court may order the assessments to be paid | 24 | | forthwith or within a specified period of time or in | 25 | | installments. | 26 | | (c-3) Excluding any ordered conditional assessment, if
the |
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| 1 | | assessment is not paid within the period of probation, | 2 | | conditional
discharge, or supervision to which the defendant | 3 | | was originally sentenced,
the court may extend the period of | 4 | | probation, conditional discharge, or
supervision under Section | 5 | | 5-6-2 or 5-6-3.1 of the Unified Code of
Corrections, as | 6 | | applicable, until the assessment is paid or until
successful | 7 | | completion of public or community service set forth in
| 8 | | subsection (b) of Section 5-20 of this Act or the successful | 9 | | completion of the substance abuse
intervention or treatment | 10 | | program set forth in subsection (c-5) of this Section. | 11 | | (c-5) Excluding any ordered conditional assessment, the | 12 | | court may suspend the collection of the assessment; provided, | 13 | | the defendant agrees to enter a substance
abuse intervention | 14 | | or treatment program approved by the court; and further
| 15 | | provided that the defendant agrees to pay for all or some | 16 | | portion of the
costs associated with the intervention or | 17 | | treatment program. In this case,
the collection of the | 18 | | assessment shall be
suspended during the defendant's | 19 | | participation in the approved
intervention or treatment | 20 | | program. Upon successful
completion of the program, the | 21 | | defendant may apply to the court to reduce
the assessment | 22 | | imposed under this Section by any amount actually paid
by the | 23 | | defendant for his or her participation in the program. The | 24 | | court shall not
reduce the assessment under this subsection | 25 | | unless the defendant
establishes to the satisfaction of the | 26 | | court that he or she has successfully
completed the |
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| 1 | | intervention or treatment program. If the defendant's
| 2 | | participation is for any reason terminated before his or her | 3 | | successful completion
of the intervention or treatment | 4 | | program, collection of the entire
assessment imposed under | 5 | | this Act shall be enforced. Nothing in this
Section shall be | 6 | | deemed to affect or suspend any other fines, restitution
| 7 | | costs, forfeitures, or assessments imposed under this or any | 8 | | other Act. | 9 | | (d) Except as provided in Section 5-15 of this Act, the | 10 | | defendant shall pay to the clerk of the court and the clerk | 11 | | shall remit the assessment to the appropriate entity as set | 12 | | forth in the ordered schedule of assessments within one month | 13 | | of its receipt. | 14 | | (e) Unless a court ordered payment schedule is implemented | 15 | | or the assessment
requirements of this Act are waived under a | 16 | | court order, the clerk of
the circuit court may add to any | 17 | | unpaid assessments under this Act a delinquency
amount equal | 18 | | to 5% of the unpaid assessments that remain unpaid after 30 | 19 | | days, 10% of
the unpaid assessments that remain unpaid after | 20 | | 60 days, and 15% of the unpaid assessments
that remain unpaid | 21 | | after 90 days. Notice to those parties may be made by
signage | 22 | | posting or publication. The additional delinquency amounts | 23 | | collected under this Section shall
be deposited into the | 24 | | Circuit Clerk Operations and Administration Fund and used to | 25 | | defray additional administrative costs incurred by the clerk | 26 | | of the
circuit court in collecting unpaid assessments.
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| 1 | | (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19 .) | 2 | | (705 ILCS 135/5-20)
| 3 | | (Section scheduled to be repealed on January 1, 2022) | 4 | | Sec. 5-20. Credit; time served; community service.
| 5 | | (a) Any credit for time served prior to sentencing that | 6 | | reduces the amount a defendant is required to pay shall be | 7 | | deducted from the fine, if any, ordered by the court. | 8 | | (b) Excluding any ordered conditional assessment, a | 9 | | defendant who has been ordered to pay an assessment may | 10 | | petition
the court to convert all or part of the assessment | 11 | | into court-approved
public or community service. One hour of | 12 | | public or community service shall
be equivalent to $10 $4 of | 13 | | assessment. The performance of this public or
community | 14 | | service shall be a condition of probation, conditional
| 15 | | discharge, or supervision and shall be in addition to the | 16 | | performance of any
other period of public or community service | 17 | | ordered by the court or required
by law.
| 18 | | (Source: P.A. 100-987, eff. 7-1-19; 101-408, eff. 1-1-20 .)".
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