Full Text of SB1946 98th General Assembly
SB1946 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1946 Introduced 2/15/2013, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/5-9-3 | from Ch. 38, par. 1005-9-3 |
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Amends the Unified Code of Corrections. Makes a technical change in a Section concerning default in the payment of a fine or any installment of a fine.
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| | A BILL FOR |
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| | | SB1946 | | LRB098 08815 RLC 38941 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-9-3 as follows:
| 6 | | (730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
| 7 | | Sec. 5-9-3. Default.
| 8 | | (a) An offender who defaults in the the payment of a fine | 9 | | or
any
installment of that fine may be held in contempt and | 10 | | imprisoned for nonpayment. The
court may issue a summons for | 11 | | his appearance or a warrant of arrest.
| 12 | | (b) Unless the offender shows that his default was not due | 13 | | to his
intentional refusal to pay, or not due to a failure on | 14 | | his part to make a
good faith effort to pay, the court may | 15 | | order the offender imprisoned for a
term not to exceed 6 months | 16 | | if the fine was for a felony, or 30 days if the
fine was for a | 17 | | misdemeanor, a petty offense or a business offense. Payment
of | 18 | | the fine at any time will entitle the offender to be released, | 19 | | but
imprisonment under this Section shall not satisfy the | 20 | | payment of the fine.
| 21 | | (c) If it appears that the default in the payment of a fine | 22 | | is not
intentional under paragraph (b) of this Section, the | 23 | | court may enter an
order allowing the offender additional time |
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| 1 | | for payment, reducing the
amount of the fine or of each | 2 | | installment, or revoking the fine or the
unpaid portion.
| 3 | | (d) When a fine is imposed on a corporation or | 4 | | unincorporated
organization or association, it is the duty of | 5 | | the person or persons
authorized to make disbursement of | 6 | | assets, and their superiors, to pay the
fine from assets of the | 7 | | corporation or unincorporated organization or
association. The | 8 | | failure of such persons to do so shall render them subject
to | 9 | | proceedings under paragraphs (a) and (b) of this Section.
| 10 | | (e) A default in the payment of a fine, fee, cost, order of | 11 | | restitution, judgment of bond forfeiture, judgment order of | 12 | | forfeiture, or any installment thereof
may be
collected by any | 13 | | and all means authorized for the collection of money judgments. | 14 | | The State's Attorney of the county in which the fine, fee, | 15 | | cost, order of restitution, judgment of bond forfeiture, or | 16 | | judgment order of forfeiture was imposed may retain
attorneys | 17 | | and private collection agents for the purpose of collecting any
| 18 | | default in payment of any fine, fee, cost, order of | 19 | | restitution, judgment of bond forfeiture, judgment order of | 20 | | forfeiture, or installment thereof. An additional fee of 30% of | 21 | | the delinquent amount is to be charged to the offender for any | 22 | | amount of the fine, fee, cost, restitution, or judgment of bond | 23 | | forfeiture or installment of the fine, fee, cost, restitution, | 24 | | or judgment of bond forfeiture that remains unpaid after the | 25 | | time fixed for payment of the fine, fee, cost, restitution, or | 26 | | judgment of bond forfeiture by the court. The additional fee |
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| 1 | | shall be payable to the State's Attorney in order to compensate | 2 | | the State's Attorney for costs incurred in collecting the | 3 | | delinquent amount. The State's Attorney may enter into | 4 | | agreements assigning any portion of the fee to the retained | 5 | | attorneys or the private collection agent retained by the | 6 | | State's Attorney. Any agreement between the State's Attorney | 7 | | and the retained attorneys or collection agents shall require | 8 | | the approval of the Circuit Clerk of that county. A default in | 9 | | payment of a fine, fee, cost, restitution, or judgment of bond | 10 | | forfeiture shall draw interest at the rate of 9% per annum.
| 11 | | (Source: P.A. 95-514, eff. 1-1-08; 95-606, eff. 6-1-08; 95-876, | 12 | | eff. 8-21-08.)
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