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


Sen. Michael E. Hastings

Filed: 3/15/2021





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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



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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    Sec. 27.3b. The clerk of court may accept payment of
19fines, penalties, or costs by credit card or debit card
20approved by the clerk from an offender who has been convicted
21of or placed on court supervision for a traffic offense, petty
22offense, ordinance offense, or misdemeanor or who has been
23convicted of a felony offense. The clerk of the circuit court
24shall may accept credit card payments over the Internet for



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1fines, penalties, court costs, or costs from offenders on
2voluntary electronic pleas of guilty in minor traffic and
3conservation offenses to satisfy the requirement of written
4pleas of guilty as provided in Illinois Supreme Court Rule
5529. The clerk of the court may also accept payment of
6statutory fees by a credit card or debit card. The clerk of the
7court may also accept the credit card or debit card for the
8cash deposit of bail bond fees.
9    The Clerk of the circuit court is authorized to enter into
10contracts with credit card or debit card companies approved by
11the clerk and to negotiate the payment of convenience and
12administrative fees normally charged by those companies for
13allowing the clerk of the circuit court to accept their credit
14cards or debit cards in payment as authorized herein. The
15clerk of the circuit court is authorized to enter into
16contracts with third party fund guarantors, facilitators, and
17service providers under which those entities may contract
18directly with customers of the clerk of the circuit court and
19guarantee and remit the payments to the clerk of the circuit
20court. Where the offender pays fines, penalties, or costs by
21credit card or debit card or through a third party fund
22guarantor, facilitator, or service provider, or anyone paying
23statutory fees of the circuit court clerk or the posting of
24cash bail, the clerk shall collect a service fee of up to $5 or
25the amount charged to the clerk for use of its services by the
26credit card or debit card issuer, third party fund guarantor,



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1facilitator, or service provider. This service fee shall be in
2addition to any other fines, penalties, or costs. The clerk of
3the circuit court is authorized to negotiate the assessment of
4convenience and administrative fees by the third party fund
5guarantors, facilitators, and service providers with the
6revenue earned by the clerk of the circuit court to be remitted
7to the county general revenue fund.
8(Source: P.A. 95-331, eff. 8-21-07.)
9    Section 15. The Criminal and Traffic Assessment Act is
10amended by changing Section 5-20 as follows:
11    (705 ILCS 135/5-20)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 5-20. Credit; time served; community service.
14    (a) Any credit for time served prior to sentencing that
15reduces the amount a defendant is required to pay shall be
16deducted from the fine, if any, ordered by the court.
17    (b) Excluding any ordered conditional assessment, a
18defendant who has been ordered to pay an assessment may
19petition the court to convert all or part of the assessment
20into court-approved public or community service. One hour of
21public or community service shall be equivalent to $10 $4 of
22assessment. The performance of this public or community
23service shall be a condition of probation, conditional
24discharge, or supervision and shall be in addition to the



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1performance of any other period of public or community service
2ordered by the court or required by law.
3(Source: P.A. 100-987, eff. 7-1-19; 101-408, eff. 1-1-20.)".