Full Text of HJR0062 99th General Assembly
HJ0062 99TH GENERAL ASSEMBLY |
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| 1 | | HOUSE JOINT RESOLUTION
| 2 | | WHEREAS, The Illinois Compiled Statutes contain numerous | 3 | | provisions, scattered across multiple
chapters, creating or | 4 | | imposing a variety of different fines, fees, surcharges, and | 5 | | other miscellaneous
financial assessments to be paid by | 6 | | individuals found guilty of criminal offenses; and
| 7 | | WHEREAS, Because fines are a component of the sentences | 8 | | imposed by criminal courts, the imposition
of fines is often | 9 | | the subject of appeals, which commonly result in cases being | 10 | | remanded to the circuit
courts to correct the improper | 11 | | application of statutory provisions imposing fines, fees, or | 12 | | costs; and
| 13 | | WHEREAS, In People v. Warren, 2014 IL App (4th) 120721, the | 14 | | Appellate Court for the Fourth District
wrote, "A vast amount | 15 | | of judicial resources are expended in the appellate court to | 16 | | resolve issues
concerning the ever-expanding morass of fines | 17 | | and fees enacted by the legislature"; and
| 18 | | WHEREAS, In People v. Folks, 406 Ill. App. 3d 300 (2010), | 19 | | the Appellate Court for the Fourth District
called for a | 20 | | "comprehensive legislative revision in the assessment of | 21 | | fines, fees, costs, and the $5-per-day
credit for time spent in | 22 | | custody prior to sentencing; and
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| 1 | | WHEREAS, In People V. Warren, the court wrote that, "[t]he | 2 | | legislature continues to enact new fines, fees, and
costs-in | 3 | | this case, leading to the imposition of 33 separate | 4 | | assessments; this adds more complexity to
many cases where the | 5 | | monetary assessments may not even be collected; perhaps the | 6 | | legislature will
answer our call"; therefore, be it
| 7 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 8 | | NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 9 | | SENATE CONCURRING HEREIN, that there is created the Criminal | 10 | | Fines, Fees,
and Assessments Study Committee, consisting of 10 | 11 | | members appointed as follows: (1) one legislative
member | 12 | | appointed by the Speaker of the House of Representatives; (2) | 13 | | one legislative member appointed
by the Minority Leader of the | 14 | | House of Representatives; (3) one legislative member appointed | 15 | | by the
President of the Senate; (4) one legislative member | 16 | | appointed by the Minority Leader of the Senate; (5) 2
members | 17 | | of a Statewide association representing State's Attorneys; (6) | 18 | | 2 members of a Statewide
association representing Circuit Court | 19 | | Clerks; (7) one member representing the Administrative Office | 20 | | of the
Illinois Courts; and (8) one member representing the | 21 | | Office of the Attorney General; and be it further | 22 | | RESOLVED, That 2 chairpersons,
representing different | 23 | | political parties, shall be selected by the members of the |
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| 1 | | Study Committee;
and be it further | 2 | | RESOLVED, That members of the Study Committee shall serve | 3 | | without compensation; and be it further | 4 | | RESOLVED, That the Study Committee shall undertake a | 5 | | comprehensive and thorough review of the
provisions of the | 6 | | Illinois Compiled Statutes that create or impose fines, fees, | 7 | | or other financial
assessments upon persons found guilty of | 8 | | criminal violations; and be it further | 9 | | RESOLVED, That the Study Committee shall undertake a | 10 | | comprehensive and thorough review of the
relevant case law in | 11 | | which a State or federal appellate court has found error by an | 12 | | Illinois court, or by an
Illinois circuit court clerk, in their | 13 | | application of the provisions of the Illinois Compiled Statutes | 14 | | that create or impose fines, fees, or other financial | 15 | | assessments upon persons found guilty of criminal violations; | 16 | | and be it further | 17 | | RESOLVED, That the Study Committee shall develop specific | 18 | | written recommendations for legislation to
clarify and bring | 19 | | consistency and organization to the various provisions of the | 20 | | Illinois Compiled Statutes
that create or impose fines, fees, | 21 | | or other financial assessments upon persons found guilty of | 22 | | criminal
violations; and be it further |
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| 1 | | RESOLVED, That the Study Committee shall draft one or more | 2 | | proposed bills to effectuate its
recommendations; and be it | 3 | | further
| 4 | | RESOLVED, That the Study Committee shall submit its written | 5 | | recommendations and proposed
legislation to the Governor, the | 6 | | Speaker of the House of Representatives, the Minority Leader of | 7 | | the
House of Representatives, the President of the Senate, the | 8 | | Minority Leader of the Senate, and the
Attorney General no | 9 | | later than December 31, 2015.
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