Illinois General Assembly - Full Text of SB0583
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Full Text of SB0583  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/24/2021, by Sen. Michael E. Hastings


5 ILCS 140/2  from Ch. 116, par. 202
5 ILCS 140/2.5
705 ILCS 105/16  from Ch. 25, par. 16
705 ILCS 105/27.2b
705 ILCS 105/27.3b  from Ch. 25, par. 27.3b
705 ILCS 135/5-20

    Amends the Freedom of Information Act. Provides that "public body" includes the Clerk of the Circuit Court of Cook County. Provides that all records relating to the obligation, receipt, and use of public funds of the Clerk of the Circuit Court of Cook County are public records subject to inspection and copying by the public. Amends the Clerks of Courts Act. Provides that records kept by the clerks of the circuit courts are subject to the Freedom of Information Act. Provides that specified unpaid assessments under the Criminal and Traffic Assessment Act shall not be included in an agreement between the clerk of the circuit court and the Department of Revenue to establish a program for the purposes of collecting certain balances owed. Provides that the clerk of the court shall (rather than may) accept credit card payments over the Internet for fines, penalties, court costs, or costs from offenders on voluntary electronic pleas of guilty in minor traffic and conservation offenses to satisfy the requirement of written pleas of guilty. Amends the Criminal and Traffic Assessment Act. Provides that one hour of public or community service shall be equivalent to $10 (rather than $4) of assessment.

LRB102 16305 LNS 21687 b





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1    AN ACT concerning courts.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Freedom of Information Act is amended by
5changing Sections 2 and 2.5 as follows:
6    (5 ILCS 140/2)  (from Ch. 116, par. 202)
7    Sec. 2. Definitions. As used in this Act:
8    (a) "Public body" means all legislative, executive,
9administrative, or advisory bodies of the State, state
10universities and colleges, counties, townships, cities,
11villages, incorporated towns, school districts and all other
12municipal corporations, boards, bureaus, committees, or
13commissions of this State, any subsidiary bodies of any of the
14foregoing including but not limited to committees and
15subcommittees thereof, and a School Finance Authority created
16under Article 1E of the School Code, and the Clerk of the
17Circuit Court of Cook County. "Public body" does not include a
18child death review team or the Illinois Child Death Review
19Teams Executive Council established under the Child Death
20Review Team Act, or a regional youth advisory board or the
21Statewide Youth Advisory Board established under the
22Department of Children and Family Services Statewide Youth
23Advisory Board Act.



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1    (b) "Person" means any individual, corporation,
2partnership, firm, organization or association, acting
3individually or as a group.
4    (c) "Public records" means all records, reports, forms,
5writings, letters, memoranda, books, papers, maps,
6photographs, microfilms, cards, tapes, recordings, electronic
7data processing records, electronic communications, recorded
8information and all other documentary materials pertaining to
9the transaction of public business, regardless of physical
10form or characteristics, having been prepared by or for, or
11having been or being used by, received by, in the possession
12of, or under the control of any public body.
13    (c-5) "Private information" means unique identifiers,
14including a person's social security number, driver's license
15number, employee identification number, biometric identifiers,
16personal financial information, passwords or other access
17codes, medical records, home or personal telephone numbers,
18and personal email addresses. Private information also
19includes home address and personal license plates, except as
20otherwise provided by law or when compiled without possibility
21of attribution to any person.
22    (c-10) "Commercial purpose" means the use of any part of a
23public record or records, or information derived from public
24records, in any form for sale, resale, or solicitation or
25advertisement for sales or services. For purposes of this
26definition, requests made by news media and non-profit,



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1scientific, or academic organizations shall not be considered
2to be made for a "commercial purpose" when the principal
3purpose of the request is (i) to access and disseminate
4information concerning news and current or passing events,
5(ii) for articles of opinion or features of interest to the
6public, or (iii) for the purpose of academic, scientific, or
7public research or education.
8    (d) "Copying" means the reproduction of any public record
9by means of any photographic, electronic, mechanical or other
10process, device or means now known or hereafter developed and
11available to the public body.
12    (e) "Head of the public body" means the president, mayor,
13chairman, presiding officer, director, superintendent,
14manager, supervisor or individual otherwise holding primary
15executive and administrative authority for the public body, or
16such person's duly authorized designee.
17    (f) "News media" means a newspaper or other periodical
18issued at regular intervals whether in print or electronic
19format, a news service whether in print or electronic format,
20a radio station, a television station, a television network, a
21community antenna television service, or a person or
22corporation engaged in making news reels or other motion
23picture news for public showing.
24    (g) "Recurrent requester", as used in Section 3.2 of this
25Act, means a person that, in the 12 months immediately
26preceding the request, has submitted to the same public body



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1(i) a minimum of 50 requests for records, (ii) a minimum of 15
2requests for records within a 30-day period, or (iii) a
3minimum of 7 requests for records within a 7-day period. For
4purposes of this definition, requests made by news media and
5non-profit, scientific, or academic organizations shall not be
6considered in calculating the number of requests made in the
7time periods in this definition when the principal purpose of
8the requests is (i) to access and disseminate information
9concerning news and current or passing events, (ii) for
10articles of opinion or features of interest to the public, or
11(iii) for the purpose of academic, scientific, or public
12research or education.
13    For the purposes of this subsection (g), "request" means a
14written document (or oral request, if the public body chooses
15to honor oral requests) that is submitted to a public body via
16personal delivery, mail, telefax, electronic mail, or other
17means available to the public body and that identifies the
18particular public record the requester seeks. One request may
19identify multiple records to be inspected or copied.
20    (h) "Voluminous request" means a request that: (i)
21includes more than 5 individual requests for more than 5
22different categories of records or a combination of individual
23requests that total requests for more than 5 different
24categories of records in a period of 20 business days; or (ii)
25requires the compilation of more than 500 letter or
26legal-sized pages of public records unless a single requested



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1record exceeds 500 pages. "Single requested record" may
2include, but is not limited to, one report, form, e-mail,
3letter, memorandum, book, map, microfilm, tape, or recording.
4    "Voluminous request" does not include a request made by
5news media and non-profit, scientific, or academic
6organizations if the principal purpose of the request is: (1)
7to access and disseminate information concerning news and
8current or passing events; (2) for articles of opinion or
9features of interest to the public; or (3) for the purpose of
10academic, scientific, or public research or education.
11    For the purposes of this subsection (h), "request" means a
12written document, or oral request, if the public body chooses
13to honor oral requests, that is submitted to a public body via
14personal delivery, mail, telefax, electronic mail, or other
15means available to the public body and that identifies the
16particular public record or records the requester seeks. One
17request may identify multiple individual records to be
18inspected or copied.
19    (i) "Severance agreement" means a mutual agreement between
20any public body and its employee for the employee's
21resignation in exchange for payment by the public body.
22(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
2399-78, eff. 7-20-15; 99-478, eff. 6-1-16.)
24    (5 ILCS 140/2.5)
25    Sec. 2.5. Records of funds. All records relating to the



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1obligation, receipt, and use of public funds of the State,
2units of local government, the Clerk of the Circuit Court of
3Cook County, and school districts are public records subject
4to inspection and copying by the public.
5(Source: P.A. 96-542, eff. 1-1-10.)
6    Section 10. The Clerks of Courts Act is amended by
7changing Sections 16, 27.2b, and 27.3b as follows:
8    (705 ILCS 105/16)  (from Ch. 25, par. 16)
9    Sec. 16. Records kept by the clerks of the circuit courts
10are subject to the provisions of "The Local Records Act",
11approved August 18, 1961, as amended, and the Freedom of
12Information Act.
13    Unless otherwise provided by rule or administrative order
14of the Supreme Court, the respective clerks of the circuit
15courts shall keep in their offices the following books:
16    1. A general docket, upon which shall be entered all
17suits, in the order in which they are commenced.
18    2. Two well-bound books, to be denominated "Plaintiff's
19Index to Court Records," and "Defendant's Index to Court
20Records" to be ruled and printed substantially in the
21following manner:
23PlaintiffsDefendantsKind ofDateRecordPages



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4Date ofJudgment
7Book Page
10CertificateCertificateofor notNumber
11of levyof saleredemptionsatisfied of case
13Fee BookBook PageBook PageBook Page
15    All cases shall be entered in such books, in alphabetical
16order, by the name of each plaintiff and defendant. The books
17shall set forth the names of the parties, kind of action, date
18commenced, the record books and pages on which the cases are
19recorded, the date of judgment, books and pages of the
20judgment dockets, fee book, certificates of levy, sale and
21redemption records on which they are entered satisfied or not
22satisfied, and number of case. The defendant's index shall be
23ruled and printed in the same manner as the plaintiff's except
24the parties shall be reversed.
25    3. Proper books of record, with indices, showing the names
26of all parties to any action or judgment therein recorded,



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1with a reference to the page where it is recorded.
2    4. A judgment docket, in which all final judgments (except
3child support orders as hereinafter provided) shall be minuted
4at the time they are entered, or within 60 days thereafter in
5alphabetical order, by the name of every person against whom
6the judgment is entered, showing, in the proper columns ruled
7for that purpose, the names of the parties, the date, nature of
8the judgment, amount of the judgment and costs in separate
9items, for which it is issued, to whom issued, when returned,
10and the manner of its enforcement; a blank column shall be kept
11in which may be entered a note of the satisfaction or other
12disposition of the judgment or order and when satisfied by
13enforcement or otherwise, or set aside or enjoined; the clerk
14shall enter a minute thereof in such column, showing how
15disposed of, the date and the book and page, where the evidence
16thereof is to be found. In the case of child support orders or
17modifications of such orders entered on or after May 1, 1987,
18the clerk shall minute such orders or modifications in the
19manner and form provided herein but shall not minute every
20child support installment when due or every child support
21payment when made. Such dockets may be searched by persons, at
22all reasonable times without fee.
23    5. A fee book, in which shall be distinctly set down, in
24items, the proper title of the cause and heads, the cost of
25each action, including clerk's, sheriff's and witness' fees,
26stating the name of each witness having claimed attendance in



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1respect of the trial or hearing of such action with the number
2of days attended. It shall not be necessary to insert the cost
3in the judgment; but whenever an action is determined and
4final judgment entered, the costs of each party litigant shall
5be made up and entered in such fee book, which shall be
6considered a part of the record and judgment, subject,
7however, at all times to be corrected by the court; and the
8prevailing party shall be considered as having recovered
9judgment for the amount of the costs so taxed in his or her
10favor, and the same shall be included in the certified copy of
11such judgment, and a bill thereof accompanying certified copy
12of the judgment. If any clerk shall issue a fee bill or a bill
13of costs, with the certified copy of the judgment without
14first entering the same in the fee book, or if any such bill of
15costs or fee bill shall be issued which shall not be in
16substance a copy of the recorded bill, the same shall be void.
17Any person having paid such bill of costs or fee bill, may
18recover from the clerk the amount thereof, with costs of the
19action, in any circuit court.
20    6. Such other books of record and entry as are provided by
21law, or may be required in the proper performance of their
22duties. All records, dockets and books required by law to be
23kept by such clerks shall be deemed public records, and shall
24at all times be open to inspection without fee or reward, and
25all persons shall have free access for inspection and
26examination to such records, docket and books, and also to all



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1papers on file in the different clerks' offices and shall have
2the right to take memoranda and abstracts thereto.
3(Source: P.A. 85-1156.)
4    (705 ILCS 105/27.2b)
5    Sec. 27.2b. State income tax refund intercept. The Clerk
6of the Circuit Court may enter into an agreement with the
7Illinois Department of Revenue to establish a pilot program
8for the purpose of collecting certain balances owed. The
9purpose shall be to intercept, in whole or in part, State
10income tax refunds due the persons who owe past due fees to the
11Clerk of the Circuit Court in order to satisfy unpaid
12assessments under the Criminal and Traffic Assessment Act and
13fines as ordered by the court. The agreement may not be
14implemented to collect the following unpaid assessments under
15the Criminal and Traffic Assessment Act: (i) Schedule 5 under
16Section 15-25; (ii) Schedule 6 under Section 15-30; (iii)
17Schedule 10 under Section 15-50; (iv) Schedule 11 under
18Section 15-55; (v) Schedule 12 under Section 15-60; and (vi)
19Schedule 13 under Section 15-65.
20    The agreement shall include, but may not be limited to, a
21certification by the Clerk of the Circuit Court that the debt
22claims forwarded to the Department of Revenue are valid and
23that reasonable efforts have been made to notify persons of
24the delinquency of the debt. The agreement shall include
25provisions for payment of the intercept by the Department of



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1Revenue to the Clerk of the Circuit Court and procedures for an
2appeal/protest by the debtor when an intercept occurs. The
3agreement may also include provisions to allow the Department
4of Revenue to recover its cost for administering the program.
5    Intercepts made pursuant to this Section shall not
6interfere with the collection of debts related to child
7support. During the collection of debts under this Section,
8when there are 2 or more debt claims certified to the
9Department at the same time, priority of collection shall be
10as provided in Section 911.3 of the Illinois Income Tax Act.
11(Source: P.A. 100-987, eff. 7-1-19.)
12    (705 ILCS 105/27.3b)  (from Ch. 25, par. 27.3b)
13    Sec. 27.3b. The clerk of court may accept payment of
14fines, penalties, or costs by credit card or debit card
15approved by the clerk from an offender who has been convicted
16of or placed on court supervision for a traffic offense, petty
17offense, ordinance offense, or misdemeanor or who has been
18convicted of a felony offense. The clerk of the circuit court
19shall may accept credit card payments over the Internet for
20fines, penalties, court costs, or costs from offenders on
21voluntary electronic pleas of guilty in minor traffic and
22conservation offenses to satisfy the requirement of written
23pleas of guilty as provided in Illinois Supreme Court Rule
24529. The clerk of the court may also accept payment of
25statutory fees by a credit card or debit card. The clerk of the



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1court may also accept the credit card or debit card for the
2cash deposit of bail bond fees.
3    The Clerk of the circuit court is authorized to enter into
4contracts with credit card or debit card companies approved by
5the clerk and to negotiate the payment of convenience and
6administrative fees normally charged by those companies for
7allowing the clerk of the circuit court to accept their credit
8cards or debit cards in payment as authorized herein. The
9clerk of the circuit court is authorized to enter into
10contracts with third party fund guarantors, facilitators, and
11service providers under which those entities may contract
12directly with customers of the clerk of the circuit court and
13guarantee and remit the payments to the clerk of the circuit
14court. Where the offender pays fines, penalties, or costs by
15credit card or debit card or through a third party fund
16guarantor, facilitator, or service provider, or anyone paying
17statutory fees of the circuit court clerk or the posting of
18cash bail, the clerk shall collect a service fee of up to $5 or
19the amount charged to the clerk for use of its services by the
20credit card or debit card issuer, third party fund guarantor,
21facilitator, or service provider. This service fee shall be in
22addition to any other fines, penalties, or costs. The clerk of
23the circuit court is authorized to negotiate the assessment of
24convenience and administrative fees by the third party fund
25guarantors, facilitators, and service providers with the
26revenue earned by the clerk of the circuit court to be remitted



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1to the county general revenue fund.
2(Source: P.A. 95-331, eff. 8-21-07.)
3    Section 15. The Criminal and Traffic Assessment Act is
4amended by changing Section 5-20 as follows:
5    (705 ILCS 135/5-20)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 5-20. Credit; time served; community service.
8    (a) Any credit for time served prior to sentencing that
9reduces the amount a defendant is required to pay shall be
10deducted from the fine, if any, ordered by the court.
11    (b) Excluding any ordered conditional assessment, a
12defendant who has been ordered to pay an assessment may
13petition the court to convert all or part of the assessment
14into court-approved public or community service. One hour of
15public or community service shall be equivalent to $10 $4 of
16assessment. The performance of this public or community
17service shall be a condition of probation, conditional
18discharge, or supervision and shall be in addition to the
19performance of any other period of public or community service
20ordered by the court or required by law.
21(Source: P.A. 100-987, eff. 7-1-19; 101-408, eff. 1-1-20.)