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

SB0583ham001 102ND GENERAL ASSEMBLY

Rep. Kelly M. Burke

Filed: 5/12/2021

 

 


 

 


 
10200SB0583ham001LRB102 16305 LNS 26231 a

1
AMENDMENT TO SENATE BILL 583

2    AMENDMENT NO. ______. Amend Senate Bill 583 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Local Records Act is amended by changing
5Section 3a as follows:
 
6    (50 ILCS 205/3a)  (from Ch. 116, par. 43.103a)
7    Sec. 3a. Reports and records of the obligation, receipt,
8and use of public funds of the Clerk of the Circuit Court of
9Cook County, units of local government, and school districts,
10including certified audits, management letters and other audit
11reports made by the Auditor General, County Auditors, other
12officers or by licensed Certified Public Accountants permitted
13to perform audits under the Illinois Public Accounting Act and
14presented to the corporate authorities or boards of the units
15of local government, are public records available for
16inspection by the public. These records shall be kept at the

 

 

10200SB0583ham001- 2 -LRB102 16305 LNS 26231 a

1official place of business of the Clerk of the Circuit Court of
2Cook County and each unit of local government and school
3district or at a designated place of business of the unit or
4district. These records shall be available for public
5inspection during regular office hours except when in
6immediate use by persons exercising official duties which
7require the use of those records. The person in charge of such
8records may require a notice in writing to be submitted 24
9hours prior to inspection and may require that such notice
10specify which records are to be inspected. Nothing in this
11Section shall require units of local government and school
12districts to invade or assist in the invasion of any person's
13right to privacy.
14(Source: P.A. 94-465, eff. 8-4-05.)
 
15    Section 10. The Clerks of Courts Act is amended by
16changing Section 27.3b as follows:
 
17    (705 ILCS 105/27.3b)  (from Ch. 25, par. 27.3b)
18    (Text of Section before amendment by P.A. 101-652)
19    Sec. 27.3b. The clerk of court may accept payment of
20fines, penalties, or costs by certified check, credit card, or
21debit card approved by the clerk from an offender who has been
22convicted of or placed on court supervision for a traffic
23offense, petty offense, ordinance offense, or misdemeanor or
24who has been convicted of a felony offense. The clerk of the

 

 

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1circuit court shall may accept credit card payments over the
2Internet for fines, penalties, court costs, or costs from
3offenders on voluntary electronic pleas of guilty in minor
4traffic and conservation offenses to satisfy the requirement
5of written pleas of guilty as provided in Illinois Supreme
6Court Rule 529. The clerk of the court may also accept payment
7of statutory fees by a credit card or debit card. The clerk of
8the court may also accept the credit card or debit card for the
9cash deposit of bail bond fees.
10    The clerk of the circuit court is authorized to enter into
11contracts with credit card or debit card companies approved by
12the clerk and to negotiate the payment of convenience and
13administrative fees normally charged by those companies for
14allowing the clerk of the circuit court to accept their credit
15cards or debit cards in payment as authorized herein. The
16clerk of the circuit court is authorized to enter into
17contracts with third party fund guarantors, facilitators, and
18service providers under which those entities may contract
19directly with customers of the clerk of the circuit court and
20guarantee and remit the payments to the clerk of the circuit
21court. Where the offender pays fines, penalties, or costs by
22credit card or debit card or through a third party fund
23guarantor, facilitator, or service provider, or anyone paying
24statutory fees of the circuit court clerk or the posting of
25cash bail, the clerk shall collect a service fee of up to $5 or
26the amount charged to the clerk for use of its services by the

 

 

10200SB0583ham001- 4 -LRB102 16305 LNS 26231 a

1credit card or debit card issuer, third party fund guarantor,
2facilitator, or service provider. This service fee shall be in
3addition to any other fines, penalties, or costs. The clerk of
4the circuit court is authorized to negotiate the assessment of
5convenience and administrative fees by the third party fund
6guarantors, facilitators, and service providers with the
7revenue earned by the clerk of the circuit court to be remitted
8to the county general revenue fund.
9    As used in this Section, "certified check" has the meaning
10provided in Section 3-409 of the Uniform Commercial Code.
11(Source: P.A. 95-331, eff. 8-21-07.)
 
12    (Text of Section after amendment by P.A. 101-652)
13    Sec. 27.3b. The clerk of court may accept payment of
14fines, penalties, or costs by certified check, credit card, or
15debit card approved by the clerk from an offender who has been
16convicted of or placed on court supervision for a traffic
17offense, petty offense, ordinance offense, or misdemeanor or
18who has been convicted of a felony offense. The clerk of the
19circuit court shall may accept credit card payments over the
20Internet for fines, penalties, court costs, or costs from
21offenders on voluntary electronic pleas of guilty in minor
22traffic and conservation offenses to satisfy the requirement
23of written pleas of guilty as provided in Illinois Supreme
24Court Rule 529. The clerk of the court may also accept payment
25of statutory fees by a credit card or debit card.

 

 

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

 

 

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1provided in Section 3-409 of the Uniform Commercial Code.
2(Source: P.A. 101-652, eff. 1-1-23.)
 
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.)
 
22    Section 95. No acceleration or delay. Where this Act makes
23changes in a statute that is represented in this Act by text

 

 

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1that is not yet or no longer in effect (for example, a Section
2represented by multiple versions), the use of that text does
3not accelerate or delay the taking effect of (i) the changes
4made by this Act or (ii) provisions derived from any other
5Public Act.".