SB1463ham001 103RD GENERAL ASSEMBLY

Rep. Justin Slaughter

Filed: 4/24/2023

 

 


 

 


 
10300SB1463ham001LRB103 25983 RLC 60645 a

1
AMENDMENT TO SENATE BILL 1463

2    AMENDMENT NO. ______. Amend Senate Bill 1463 on page 2,
3lines 11 through 13, by replacing "The court shall not order
4any fees, fines, costs, or other applicable assessments
5authorized under this Section against" with "Fines and
6assessments, such as fees or administrative costs, authorized
7under this Section shall not be ordered or imposed on"; and
 
8on page 25, lines 7 through 9, by replacing "the court shall
9not order any fees, fines, costs, or other applicable
10assessments authorized under this Section against" with "fines
11and assessments, such as fees or administrative costs,
12authorized under this Section shall not be ordered or imposed
13on"; and
 
14on page 27, lines 5 through 7, by replacing "the court shall
15not order any fees, fines, costs, or other applicable
16assessments authorized under this Section against" with "fines

 

 

10300SB1463ham001- 2 -LRB103 25983 RLC 60645 a

1and assessments, such as fees or administrative costs,
2authorized under this Section shall not be ordered or imposed
3on"; and
 
4on page 28, lines 7 through 9, by replacing "the court shall
5not order any fees, fines, costs, or other applicable
6assessments authorized under this Section against" with "fines
7and assessments, such as fees or administrative costs,
8authorized under this Section shall not be ordered or imposed
9on"; and
 
10on page 29, lines 13 and 14, by replacing "the court shall not
11order a fee or other cost under this subsection (c-3) against"
12with "assessments, such as fees or administrative costs, under
13this subsection (c-3) shall not be ordered or imposed on"; and
 
14on page 30, lines 18 and 19, by replacing "the court shall not
15order a fee or other cost under this subsection (c-5) against"
16with "assessments, such as fees or administrative costs, under
17this subsection (c-5) shall not be ordered or imposed on"; and
 
18on page 32, lines 12 and 13, by replacing "the costs, fees, or
19any other assessments referenced in this Section shall not
20apply to" with "fines and assessments, such as fees or
21administrative costs, authorized in this Section shall not be
22ordered or imposed on"; and
 

 

 

10300SB1463ham001- 3 -LRB103 25983 RLC 60645 a

1on page 42, lines 19 and 20, by replacing "the fees, fines, or
2other assessments under this Section shall not apply to" with
3"fines and assessments, such as fees or administrative costs
4authorized in this Section, shall not be ordered or imposed
5on"; and
 
6by replacing line 3 on page 43 through line 22 on page 45 with
7the following:
 
8    "Section 20. The Juvenile Court Act of 1987 is amended by
9changing Sections 1-8, 3-17, 3-19, 3-21, 3-24, 3-33.5, 4-14,
104-16, 4-18, 4-21, 5-525, 5-610, 5-615, 5-710, 5-715, 5-915,
116-7, and 6-9 and by adding Section 1-19 as follows:
 
12    (705 ILCS 405/1-8)
13    Sec. 1-8. Confidentiality and accessibility of juvenile
14court records.
15    (A) A juvenile adjudication shall never be considered a
16conviction nor shall an adjudicated individual be considered a
17criminal. Unless expressly allowed by law, a juvenile
18adjudication shall not operate to impose upon the individual
19any of the civil disabilities ordinarily imposed by or
20resulting from conviction. Unless expressly allowed by law,
21adjudications shall not prejudice or disqualify the individual
22in any civil service application or appointment, from holding

 

 

10300SB1463ham001- 4 -LRB103 25983 RLC 60645 a

1public office, or from receiving any license granted by public
2authority. All juvenile court records which have not been
3expunged are sealed and may never be disclosed to the general
4public or otherwise made widely available. Sealed juvenile
5court records may be obtained only under this Section and
6Section 1-7 and Part 9 of Article V of this Act, when their use
7is needed for good cause and with an order from the juvenile
8court. Inspection and copying of juvenile court records
9relating to a minor who is the subject of a proceeding under
10this Act shall be restricted to the following:
11        (1) The minor who is the subject of record, his or her
12    parents, guardian, and counsel.
13        (2) Law enforcement officers and law enforcement
14    agencies when such information is essential to executing
15    an arrest or search warrant or other compulsory process,
16    or to conducting an ongoing investigation or relating to a
17    minor who has been adjudicated delinquent and there has
18    been a previous finding that the act which constitutes the
19    previous offense was committed in furtherance of criminal
20    activities by a criminal street gang.
21        Before July 1, 1994, for the purposes of this Section,
22    "criminal street gang" means any ongoing organization,
23    association, or group of 3 or more persons, whether formal
24    or informal, having as one of its primary activities the
25    commission of one or more criminal acts and that has a
26    common name or common identifying sign, symbol or specific

 

 

10300SB1463ham001- 5 -LRB103 25983 RLC 60645 a

1    color apparel displayed, and whose members individually or
2    collectively engage in or have engaged in a pattern of
3    criminal activity.
4        Beginning July 1, 1994, for purposes of this Section,
5    "criminal street gang" has the meaning ascribed to it in
6    Section 10 of the Illinois Streetgang Terrorism Omnibus
7    Prevention Act.
8        (3) Judges, hearing officers, prosecutors, public
9    defenders, probation officers, social workers, or other
10    individuals assigned by the court to conduct a
11    pre-adjudication or pre-disposition investigation, and
12    individuals responsible for supervising or providing
13    temporary or permanent care and custody for minors under
14    the order of the juvenile court when essential to
15    performing their responsibilities.
16        (4) Judges, federal, State, and local prosecutors,
17    public defenders, probation officers, and designated
18    staff:
19            (a) in the course of a trial when institution of
20        criminal proceedings has been permitted or required
21        under Section 5-805;
22            (b) when criminal proceedings have been permitted
23        or required under Section 5-805 and a minor is the
24        subject of a proceeding to determine the conditions of
25        pretrial release;
26            (c) when criminal proceedings have been permitted

 

 

10300SB1463ham001- 6 -LRB103 25983 RLC 60645 a

1        or required under Section 5-805 and a minor is the
2        subject of a pre-trial investigation, pre-sentence
3        investigation or fitness hearing, or proceedings on an
4        application for probation; or
5            (d) when a minor becomes 18 years of age or older,
6        and is the subject of criminal proceedings, including
7        a hearing to determine the conditions of pretrial
8        release, a pre-trial investigation, a pre-sentence
9        investigation, a fitness hearing, or proceedings on an
10        application for probation.
11        (5) Adult and Juvenile Prisoner Review Boards.
12        (6) Authorized military personnel.
13        (6.5) Employees of the federal government authorized
14    by law.
15        (7) Victims, their subrogees and legal
16    representatives; however, such persons shall have access
17    only to the name and address of the minor and information
18    pertaining to the disposition or alternative adjustment
19    plan of the juvenile court.
20        (8) Persons engaged in bona fide research, with the
21    permission of the presiding judge of the juvenile court
22    and the chief executive of the agency that prepared the
23    particular records; provided that publication of such
24    research results in no disclosure of a minor's identity
25    and protects the confidentiality of the record.
26        (9) The Secretary of State to whom the Clerk of the

 

 

10300SB1463ham001- 7 -LRB103 25983 RLC 60645 a

1    Court shall report the disposition of all cases, as
2    required in Section 6-204 of the Illinois Vehicle Code.
3    However, information reported relative to these offenses
4    shall be privileged and available only to the Secretary of
5    State, courts, and police officers.
6        (10) The administrator of a bonafide substance abuse
7    student assistance program with the permission of the
8    presiding judge of the juvenile court.
9        (11) Mental health professionals on behalf of the
10    Department of Corrections or the Department of Human
11    Services or prosecutors who are evaluating, prosecuting,
12    or investigating a potential or actual petition brought
13    under the Sexually Violent Persons Commitment Act relating
14    to a person who is the subject of juvenile court records or
15    the respondent to a petition brought under the Sexually
16    Violent Persons Commitment Act, who is the subject of
17    juvenile court records sought. Any records and any
18    information obtained from those records under this
19    paragraph (11) may be used only in sexually violent
20    persons commitment proceedings.
21        (12) (Blank). Collection agencies, contracted or
22    otherwise engaged by a governmental entity, to collect any
23    debts due and owing to the governmental entity.
24    (A-1) Findings and exclusions of paternity entered in
25proceedings occurring under Article II of this Act shall be
26disclosed, in a manner and form approved by the Presiding

 

 

10300SB1463ham001- 8 -LRB103 25983 RLC 60645 a

1Judge of the Juvenile Court, to the Department of Healthcare
2and Family Services when necessary to discharge the duties of
3the Department of Healthcare and Family Services under Article
4X of the Illinois Public Aid Code.
5    (B) A minor who is the victim in a juvenile proceeding
6shall be provided the same confidentiality regarding
7disclosure of identity as the minor who is the subject of
8record.
9    (C)(0.1) In cases where the records concern a pending
10juvenile court case, the requesting party seeking to inspect
11the juvenile court records shall provide actual notice to the
12attorney or guardian ad litem of the minor whose records are
13sought.
14    (0.2) In cases where the juvenile court records concern a
15juvenile court case that is no longer pending, the requesting
16party seeking to inspect the juvenile court records shall
17provide actual notice to the minor or the minor's parent or
18legal guardian, and the matter shall be referred to the chief
19judge presiding over matters pursuant to this Act.
20    (0.3) In determining whether juvenile court records should
21be made available for inspection and whether inspection should
22be limited to certain parts of the file, the court shall
23consider the minor's interest in confidentiality and
24rehabilitation over the requesting party's interest in
25obtaining the information. The State's Attorney, the minor,
26and the minor's parents, guardian, and counsel shall at all

 

 

10300SB1463ham001- 9 -LRB103 25983 RLC 60645 a

1times have the right to examine court files and records.
2    (0.4) Any records obtained in violation of this Section
3shall not be admissible in any criminal or civil proceeding,
4or operate to disqualify a minor from subsequently holding
5public office, or operate as a forfeiture of any public
6benefit, right, privilege, or right to receive any license
7granted by public authority.
8    (D) Pending or following any adjudication of delinquency
9for any offense defined in Sections 11-1.20 through 11-1.60 or
1012-13 through 12-16 of the Criminal Code of 1961 or the
11Criminal Code of 2012, the victim of any such offense shall
12receive the rights set out in Sections 4 and 6 of the Bill of
13Rights for Victims and Witnesses of Violent Crime Act; and the
14juvenile who is the subject of the adjudication,
15notwithstanding any other provision of this Act, shall be
16treated as an adult for the purpose of affording such rights to
17the victim.
18    (E) Nothing in this Section shall affect the right of a
19Civil Service Commission or appointing authority of the
20federal government, or any state, county, or municipality
21examining the character and fitness of an applicant for
22employment with a law enforcement agency, correctional
23institution, or fire department to ascertain whether that
24applicant was ever adjudicated to be a delinquent minor and,
25if so, to examine the records of disposition or evidence which
26were made in proceedings under this Act.

 

 

10300SB1463ham001- 10 -LRB103 25983 RLC 60645 a

1    (F) Following any adjudication of delinquency for a crime
2which would be a felony if committed by an adult, or following
3any adjudication of delinquency for a violation of Section
424-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
5Criminal Code of 2012, the State's Attorney shall ascertain
6whether the minor respondent is enrolled in school and, if so,
7shall provide a copy of the dispositional order to the
8principal or chief administrative officer of the school.
9Access to the dispositional order shall be limited to the
10principal or chief administrative officer of the school and
11any school counselor designated by him or her.
12    (G) Nothing contained in this Act prevents the sharing or
13disclosure of information or records relating or pertaining to
14juveniles subject to the provisions of the Serious Habitual
15Offender Comprehensive Action Program when that information is
16used to assist in the early identification and treatment of
17habitual juvenile offenders.
18    (H) When a court hearing a proceeding under Article II of
19this Act becomes aware that an earlier proceeding under
20Article II had been heard in a different county, that court
21shall request, and the court in which the earlier proceedings
22were initiated shall transmit, an authenticated copy of the
23juvenile court record, including all documents, petitions, and
24orders filed and the minute orders, transcript of proceedings,
25and docket entries of the court.
26    (I) The Clerk of the Circuit Court shall report to the

 

 

10300SB1463ham001- 11 -LRB103 25983 RLC 60645 a

1Illinois State Police, in the form and manner required by the
2Illinois State Police, the final disposition of each minor who
3has been arrested or taken into custody before his or her 18th
4birthday for those offenses required to be reported under
5Section 5 of the Criminal Identification Act. Information
6reported to the Department under this Section may be
7maintained with records that the Department files under
8Section 2.1 of the Criminal Identification Act.
9    (J) The changes made to this Section by Public Act 98-61
10apply to juvenile law enforcement records of a minor who has
11been arrested or taken into custody on or after January 1, 2014
12(the effective date of Public Act 98-61).
13    (K) Willful violation of this Section is a Class C
14misdemeanor and each violation is subject to a fine of $1,000.
15This subsection (K) shall not apply to the person who is the
16subject of the record.
17    (L) A person convicted of violating this Section is liable
18for damages in the amount of $1,000 or actual damages,
19whichever is greater.
20(Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21;
21102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
22    (705 ILCS 405/1-19 new)
23    Sec. 1-19. Fines, assessments, civil judgments, and
24outstanding balances owed by minors or their parents,
25guardians, or legal custodians; report.

 

 

10300SB1463ham001- 12 -LRB103 25983 RLC 60645 a

1    (a) Except for restitution and assessments issued for
2adjudications under Section 5-125 of this Act, fines and
3assessments, such as fees or administrative costs, shall not
4be ordered or imposed on the following individuals as of the
5effective date of this amendatory Act of the 103rd General
6Assembly:
7        (1) a minor subject to Article III, IV, or V of this
8    Act, or the minor's parent, guardian, or legal custodian;
9    or
10        (2) a minor under the age of 18 transferred to adult
11    court or excluded from juvenile court jurisdiction under
12    Article V of this Act, or the minor's parent, guardian, or
13    legal custodian.
14    (b) Except for restitution and assessments issued for
15adjudications under Section 5-125 of this Act, all unsatisfied
16civil judgments, outstanding balances for fines, and
17outstanding balances for assessments, such as fees or
18administrative costs, including interest, penalties, or
19collection fees entered prior to the effective date of this
20amendatory Act of the 103rd General Assembly in cases pursuant
21to subsection (a) of this Section, are null, void, satisfied,
22and not collectible.
23    (c) Except for restitution and assessments issued for
24adjudications under Section 5-125 of this Act, within one year
25of the effective date of this amendatory Act of the 103rd
26General Assembly, the circuit court clerk of each county shall

 

 

10300SB1463ham001- 13 -LRB103 25983 RLC 60645 a

1discharge and waive 100% of all outstanding balances for
2unsatisfied civil judgments, unpaid fines, and unpaid
3assessments such as fees or administrative costs, including
4interest, penalties, or collection fees, entered against a
5minor or the minor's parent, guardian, or legal custodian in
6the following:
7        (1) cases involving a minor subject to Article III,
8    IV, or V of this Act; and
9        (2) cases involving a minor under the age of 18
10    transferred to adult court or excluded from juvenile court
11    jurisdiction under Article V of this Act.
12    (d) Within 30 calendar days after the effective date of
13this amendatory Act of the 103rd General Assembly, the State's
14Attorney or circuit court clerk in each county shall provide
15written notice to collection agencies contracted or assigned
16to collect outstanding balances in cases pursuant to this
17Section that outstanding balances for unsatisfied civil
18judgments, unpaid fines, and unpaid assessments such as fees
19or administrative costs, including interest, penalties, or
20collection fees, are null, void, satisfied, and not
21collectible as of the effective date of this amendatory Act of
22the 103rd General Assembly.
23    (e) If a payment is made by a minor or his or her parent,
24guardian, or legal custodian on or after the effective date of
25this amendatory Act of the 103rd General Assembly, the circuit
26court clerk shall reimburse payments made towards unsatisfied

 

 

10300SB1463ham001- 14 -LRB103 25983 RLC 60645 a

1civil judgments, unpaid fines, or unpaid assessments such as
2fees or administrative costs, including interest, penalties,
3or collection fees, made null, void, satisfied, and
4uncollectible by this amendatory Act of the 103rd General
5Assembly.
6    (f) Within one year of the effective date of this
7amendatory Act of the 103rd General Assembly, the circuit
8court clerk of each county shall report to the Illinois
9Juvenile Justice Commission the following data, in a form and
10manner to be determined by the Commission, specific to all
11outstanding balances for unsatisfied civil judgments, unpaid
12fines, and unpaid assessments, such as fees or administrative
13costs, made null, void, satisfied, and not collectible by this
14amendatory Act of the 103rd General Assembly:
15        (1) As of the effective date of this amendatory Act of
16    the 103rd General Assembly, the total number of cases or
17    individuals pursuant to this amendatory Act of the 103rd
18    General Assembly which:
19            (A) have outstanding balances; and
20            (B) have outstanding balances converted into civil
21        judgments;
22        (2) The number of cases or individuals with
23    outstanding balances discharged and waived pursuant to
24    this amendatory Act of the 103rd General Assembly; and
25        (3) The total amount of outstanding balances
26    discharged and waived pursuant to this amendatory Act of

 

 

10300SB1463ham001- 15 -LRB103 25983 RLC 60645 a

1    the 103rd General Assembly for the following:
2            (A) unsatisfied civil judgments;
3            (B) unpaid fines; and
4            (C) unpaid assessments, such as fees or
5        administrative costs."; and
 
6by replacing lines 1 through 3 on page 48 with the following:
7    "(8) Fines or assessments, such as fees or administrative
8costs, in the service of process shall not be ordered or
9imposed on a minor or a minor's parent, guardian, or legal
10custodian."; and
 
11on page 58, line 5, by replacing "The Court shall not order
12fees or fines" with "Fines or assessments, such as fees or
13administrative costs, shall not be ordered or imposed"; and
 
14by replacing lines 12 through 14 on page 60 with the following:
 
15    "(8) Fines or assessments, such as fees or administrative
16costs, in the service of process shall not be ordered or
17imposed on a minor or a minor's parent, guardian, or legal
18custodian."; and
 
19by replacing lines 24 through 26 on page 72 with the following:
20    "(5) Fines or assessments, such as fees or administrative
21costs in the service of process, shall not be ordered or

 

 

10300SB1463ham001- 16 -LRB103 25983 RLC 60645 a

1imposed on a minor or a minor's parent, guardian, or legal
2custodian."; and
 
3by replacing lines 7 through 12 on page 82 with the following:
4    "(12) Fines and assessments, including any fee or
5administrative cost authorized under Section 5-4.5-105,
65-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
7Unified Code of Corrections, shall not be ordered or imposed
8on a minor or the minor's parent, guardian, or legal custodian
9as a condition of continuance under supervision. If the"; and
 
10by replacing lines 8 through 13 on page 94 with the following:
11    "(13) Fines and assessments, including any fee or
12administrative cost authorized under Section 5-4.5-105,
135-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
14Unified Code of Corrections, relating to any sentencing order
15shall not be ordered or imposed on a minor or the minor's
16parent, guardian, or legal custodian. The inability of a
17minor, or"; and
 
18by replacing lines 7 through 13 on page 102 with the following:
19    "(7) Fines and assessments, including any fee or
20administrative cost authorized under Section 5-4.5-105,
215-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
22Unified Code of Corrections, shall not be ordered or imposed
23on a minor or the minor's parent, guardian, or legal custodian

 

 

10300SB1463ham001- 17 -LRB103 25983 RLC 60645 a

1as a condition of probation, conditional discharge, or
2supervision. If the minor or the minor's parent, guardian,
3or"; and
 
4by replacing line 25 on page 114 through line 2 on page 115
5with the following:
6    "Costs associated with detention, legal representation, or
7other services or programs under Article III, IV, or V of this
8Act shall not be ordered or imposed on a parent, guardian, or
9legal custodian liable under the law for the support of a
10minor."; and
 
11on page 119, lines 10 and 11, by replacing "The court shall not
12order any fees, fines, or administrative costs under this
13Section" with "Fines and assessments, such as fees or
14administrative costs, under this Section shall not be ordered
15or imposed"; and
 
16on page 123, lines 22 and 23, by replacing "The court shall not
17order any fees, fines, or administrative costs" with "Fines
18and assessments, such as fees or administrative costs, shall
19not be ordered or imposed"; and
 
20on page 128, lines 14 and 15, by replacing "The court shall not
21order fees, fines, or administrative costs" with "Fines and
22assessments, such as fees or administrative costs, shall not

 

 

10300SB1463ham001- 18 -LRB103 25983 RLC 60645 a

1be ordered or imposed"; and
 
2on page 131, lines 12 and 13, by replacing "The court shall not
3order fines or any other applicable assessments authorized
4under this Section" with "Fines and assessments, such as fees
5or administrative costs, authorized under this Section shall
6not be ordered or imposed"; and
 
7on page 135, lines 10 and 11, by replacing "The court shall not
8order fees, fines, costs or any other assessments authorized
9under this Section" with "Fines and assessments, such as fees
10or administrative costs, authorized under this Section shall
11not be ordered or imposed"; and
 
12on page 135, line 21, by replacing "and 5-9-1.9" with
13"5-9-1.9, and 5-9-3"; and
 
14on page 138, lines 4 and 5, by replacing "The court shall not
15order any fees, fines, or administrative costs" with "Fines
16and assessments, such as fees or administrative costs, shall
17not be ordered or imposed"; and
 
18on page 162, lines 6 through 8, by replacing "the court shall
19not order any fees, fines, costs, or other applicable
20assessments authorized under this Section against" with "and
21assessments issued for adjudications under Section 5-125 of

 

 

10300SB1463ham001- 19 -LRB103 25983 RLC 60645 a

1the Juvenile Court Act of 1987, fines and assessments, such as
2fees or administrative costs, authorized under this Section
3shall not be ordered or imposed on"; and
 
4on page 178, lines 21 through 23, by replacing "the court shall
5not order any fees, fines, costs, or other applicable
6assessments authorized under this Section against" with "and
7assessments issued for adjudications under Section 5-125 of
8the Juvenile Court Act of 1987, fines and assessments, such as
9fees or administrative costs, authorized under this Section
10shall not be ordered or imposed on"; and
 
11on page 181, lines 23 and 24, by replacing "The court shall not
12order any fees, fines, costs, or other applicable assessments
13authorized under this Section against" with "Fines and
14assessments, such as fees or administrative costs, authorized
15under this Section shall not be ordered or imposed on"; and
 
16on page 182, lines 20 through 21, by replacing "The court shall
17not order any costs authorized under this Section against"
18with "Fines and assessments, such as fees or administrative
19costs, authorized under this Section shall not be ordered or
20imposed on"; and
 
21by replacing lines 2 through 4 on page 184 with the following:
22    "(c-1) A criminal laboratory analysis assessment, or

 

 

10300SB1463ham001- 20 -LRB103 25983 RLC 60645 a

1equivalent fine or assessment, such as fees or administrative
2costs, shall not be ordered or imposed on a minor subject to
3Article III, IV, or"; and
 
4by replacing line 26 on page 187 through line 2 on page 188
5with the following:
6    "(c-1) A criminal laboratory DUI analysis assessment, or
7equivalent fine or assessment, such as fees or administrative
8costs, shall not be ordered or imposed on a minor subject to
9Article III, IV,"; and
 
10on page 190, below line 20, by inserting the following:
 
11    "(730 ILCS 5/5-9-3)  (from Ch. 38, par. 1005-9-3)
12    Sec. 5-9-3. Default.
13    (a) An offender who defaults in the payment of a fine or
14any installment of that fine may be held in contempt and
15imprisoned for nonpayment. The court may issue a summons for
16his appearance or a warrant of arrest.
17    (b) Unless the offender shows that his default was not due
18to his intentional refusal to pay, or not due to a failure on
19his part to make a good faith effort to pay, the court may
20order the offender imprisoned for a term not to exceed 6 months
21if the fine was for a felony, or 30 days if the fine was for a
22misdemeanor, a petty offense or a business offense. Payment of
23the fine at any time will entitle the offender to be released,

 

 

10300SB1463ham001- 21 -LRB103 25983 RLC 60645 a

1but imprisonment under this Section shall not satisfy the
2payment of the fine.
3    (c) If it appears that the default in the payment of a fine
4is not intentional under paragraph (b) of this Section, the
5court may enter an order allowing the offender additional time
6for payment, reducing the amount of the fine or of each
7installment, or revoking the fine or the unpaid portion.
8    (d) When a fine is imposed on a corporation or
9unincorporated organization or association, it is the duty of
10the person or persons authorized to make disbursement of
11assets, and their superiors, to pay the fine from assets of the
12corporation or unincorporated organization or association. The
13failure of such persons to do so shall render them subject to
14proceedings under paragraphs (a) and (b) of this Section.
15    (e) A default in the payment of a fine, fee, cost, order of
16restitution, judgment of bond forfeiture, judgment order of
17forfeiture, or any installment thereof may be collected by any
18and all means authorized for the collection of money
19judgments. The State's Attorney of the county in which the
20fine, fee, cost, order of restitution, judgment of bond
21forfeiture, or judgment order of forfeiture was imposed may
22retain attorneys and private collection agents for the purpose
23of collecting any default in payment of any fine, fee, cost,
24order of restitution, judgment of bond forfeiture, judgment
25order of forfeiture, or installment thereof. An additional fee
26of 30% of the delinquent amount and each taxable court cost

 

 

10300SB1463ham001- 22 -LRB103 25983 RLC 60645 a

1including, without limitation, costs of service of process,
2shall be charged to the offender for any amount of the fine,
3fee, cost, restitution, or judgment of bond forfeiture or
4installment of the fine, fee, cost, restitution, or judgment
5of bond forfeiture that remains unpaid after the time fixed
6for payment of the fine, fee, cost, restitution, or judgment
7of bond forfeiture by the court. The additional fee shall be
8payable to the State's Attorney in order to compensate the
9State's Attorney for costs incurred in collecting the
10delinquent amount. The State's Attorney may enter into
11agreements assigning any portion of the fee to the retained
12attorneys or the private collection agent retained by the
13State's Attorney. Any agreement between the State's Attorney
14and the retained attorneys or collection agents shall require
15the approval of the Circuit Clerk of that county. A default in
16payment of a fine, fee, cost, restitution, or judgment of bond
17forfeiture shall draw interest at the rate of 9% per annum.
18    (f) This Section does not apply against a minor or the
19minor's parent, guardian, or legal custodian in cases subject
20to Article III, IV, or V of the Juvenile Court Act of 1987, or
21a minor under the age of 18 transferred to adult court or
22excluded from juvenile court jurisdiction under Article V of
23the Juvenile Court Act of 1987.
24(Source: P.A. 98-373, eff. 1-1-14.)".