Full Text of HB2327 098th General Assembly
HB2327enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Clerks of Courts Act is amended by changing | 5 | | Sections 27.3a and 27.3c as follows:
| 6 | | (705 ILCS 105/27.3a)
| 7 | | Sec. 27.3a. Fees for automated record keeping, probation | 8 | | and court services operations, and State and Conservation | 9 | | Police operations.
| 10 | | 1. The expense of establishing and maintaining automated | 11 | | record
keeping systems in the offices of the clerks of the | 12 | | circuit court shall
be borne by the county. To defray such | 13 | | expense in any county having
established such an automated | 14 | | system or which elects to establish such a
system, the county | 15 | | board may require the clerk of the circuit court in
their | 16 | | county to charge and collect a court automation fee of not less | 17 | | than
$1 nor more than $25 $15 to be charged and collected by | 18 | | the clerk of the court.
Such fee shall be paid at the time of | 19 | | filing the first pleading, paper or
other appearance filed by | 20 | | each party in all civil cases or by the defendant
in any | 21 | | felony, traffic, misdemeanor, municipal ordinance, or | 22 | | conservation
case upon a judgment of guilty or grant of | 23 | | supervision, provided that
the record keeping system which |
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| 1 | | processes the case
category for which the fee is charged is | 2 | | automated or has been approved for
automation by the county | 3 | | board, and provided further that no additional fee
shall be | 4 | | required if more than one party is presented in a single | 5 | | pleading,
paper or other appearance. Such fee shall be | 6 | | collected in the manner in
which all other fees or costs are | 7 | | collected.
| 8 | | 1.1. Starting on July 6, 2012 (the effective date of Public | 9 | | Act 97-761) and pursuant to an administrative order from the | 10 | | chief judge of the circuit or the presiding judge of the county | 11 | | authorizing such collection, a clerk of the circuit court in | 12 | | any county that imposes a fee pursuant to subsection 1 of this | 13 | | Section shall also charge and collect an additional $10 | 14 | | operations fee for probation and court services department | 15 | | operations. | 16 | | This additional fee shall be paid by the defendant in any | 17 | | felony, traffic, misdemeanor, local ordinance, or conservation | 18 | | case upon a judgment of guilty or grant of supervision, except | 19 | | such $10 operations fee shall not be charged and collected in | 20 | | cases governed by Supreme Court Rule 529 in which the bail | 21 | | amount is $120 or less. | 22 | | 1.2. With respect to the fee imposed and collected under | 23 | | subsection 1.1 of this Section, each clerk shall transfer all | 24 | | fees monthly to the county treasurer for deposit into the | 25 | | probation and court services fund created under Section 15.1 of | 26 | | the Probation and Probation Officers Act, and such monies shall |
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| 1 | | be disbursed from the fund only at the direction of the chief | 2 | | judge of the circuit or another judge designated by the Chief | 3 | | Circuit Judge in accordance with the policies and guidelines | 4 | | approved by the Supreme Court. | 5 | | 1.5. Starting on the effective date of this amendatory Act | 6 | | of the 96th General Assembly, a clerk of the circuit court in | 7 | | any county that imposes a fee pursuant to subsection 1 of this | 8 | | Section, shall charge and collect an additional fee of not less | 9 | | than $1 nor more than $15 in an amount equal to the amount of | 10 | | the fee imposed pursuant to subsection 1 of this Section . This | 11 | | additional fee shall be paid by the defendant in any felony, | 12 | | traffic, misdemeanor, or local ordinance case upon a judgment | 13 | | of guilty or grant of supervision. This fee shall not be paid | 14 | | by the defendant for any conservation violation listed in | 15 | | subsection 1.6 of this Section. | 16 | | 1.6. Starting on July 1, 2012 (the effective date of Public | 17 | | Act 97-46), a clerk of the circuit court in any county that | 18 | | imposes a fee pursuant to subsection 1 of this Section shall | 19 | | charge and collect an additional fee of not less than $1 nor | 20 | | more than $15 in an amount equal to the amount of the fee | 21 | | imposed pursuant to subsection 1 of this Section . This | 22 | | additional fee shall be paid by the defendant upon a judgment | 23 | | of guilty or grant of supervision for a conservation violation | 24 | | under the State Parks Act, the Recreational Trails of Illinois | 25 | | Act, the Illinois Explosives Act, the Timber Buyers Licensing | 26 | | Act, the Forest Products Transportation Act, the Firearm Owners |
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| 1 | | Identification Card Act, the Environmental Protection Act, the | 2 | | Fish and Aquatic Life Code, the Wildlife Code, the Cave | 3 | | Protection Act, the Illinois Exotic Weed Act, the Illinois | 4 | | Forestry Development Act, the Ginseng Harvesting Act, the | 5 | | Illinois Lake Management Program Act, the Illinois Natural | 6 | | Areas Preservation Act, the Illinois Open Land Trust Act, the | 7 | | Open Space Lands Acquisition and Development Act, the Illinois | 8 | | Prescribed Burning Act, the State Forest Act, the Water Use Act | 9 | | of 1983, the Illinois Veteran, Youth, and Young Adult | 10 | | Conservation Jobs Act, the Snowmobile Registration and Safety | 11 | | Act, the Boat Registration and Safety Act, the Illinois | 12 | | Dangerous Animals Act, the Hunter and Fishermen Interference | 13 | | Prohibition Act, the Wrongful Tree Cutting Act, or Section | 14 | | 11-1426.1, 11-1426.2, 11-1427, 11-1427.1, 11-1427.2, | 15 | | 11-1427.3, 11-1427.4, or 11-1427.5 of the Illinois Vehicle | 16 | | Code, or Section 48-3 or 48-10 of the Criminal Code of 2012. | 17 | | 2. With respect to the fee imposed under subsection 1 of | 18 | | this Section, each clerk shall commence such charges and | 19 | | collections upon receipt
of written notice from the chairman of | 20 | | the county board together with a
certified copy of the board's | 21 | | resolution, which the clerk shall file of
record in his office.
| 22 | | 3. With respect to the fee imposed under subsection 1 of | 23 | | this Section, such fees shall be in addition to all other fees | 24 | | and charges of such
clerks, and assessable as costs, and may be | 25 | | waived only if the judge
specifically provides for the waiver | 26 | | of the court automation fee. The
fees shall be remitted monthly |
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| 1 | | by such clerk to the county treasurer, to be
retained by him in | 2 | | a special fund designated as the court automation fund.
The | 3 | | fund shall be audited by the county auditor, and the board | 4 | | shall make
expenditure from the fund in payment of any cost | 5 | | related to the automation
of court records, including hardware, | 6 | | software, research and development
costs and personnel related | 7 | | thereto, provided that the expenditure is
approved by the clerk | 8 | | of the court and by the chief judge of the circuit
court or his | 9 | | designate.
| 10 | | 4. With respect to the fee imposed under subsection 1 of | 11 | | this Section, such fees shall not be charged in any matter | 12 | | coming to any such clerk
on change of venue, nor in any | 13 | | proceeding to review the decision of any
administrative | 14 | | officer, agency or body.
| 15 | | 5. With respect to the additional fee imposed under | 16 | | subsection 1.5 of this Section, the fee shall be remitted by | 17 | | the circuit clerk to the State Treasurer within one month after | 18 | | receipt for deposit into the State Police Operations Assistance | 19 | | Fund. | 20 | | 6. With respect to the additional fees imposed under | 21 | | subsection 1.5 of this Section, the Director of State Police | 22 | | may direct the use of these fees for homeland security purposes | 23 | | by transferring these fees on a quarterly basis from the State | 24 | | Police Operations Assistance Fund into the Illinois Law | 25 | | Enforcement Alarm Systems (ILEAS) Fund for homeland security | 26 | | initiatives programs. The transferred fees shall be allocated, |
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| 1 | | subject to the approval of the ILEAS Executive Board, as | 2 | | follows: (i) 66.6% shall be used for homeland security | 3 | | initiatives and (ii) 33.3% shall be used for airborne | 4 | | operations. The ILEAS Executive Board shall annually supply the | 5 | | Director of State Police with a report of the use of these | 6 | | fees. | 7 | | 7. With respect to the additional fee imposed under | 8 | | subsection 1.6 of this Section, the fee shall be remitted by | 9 | | the circuit clerk to the State Treasurer within one month after | 10 | | receipt for deposit into the Conservation Police Operations | 11 | | Assistance Fund. | 12 | | (Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12; | 13 | | 97-453, eff. 8-19-11; 97-738, eff. 7-5-12; 97-761, eff. 7-6-12; | 14 | | 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1150, eff. | 15 | | 1-25-13.)
| 16 | | (705 ILCS 105/27.3c) (from Ch. 25, par. 27.3c)
| 17 | | Sec. 27.3c. Document storage system.
| 18 | | (a) The expense of establishing and maintaining a document | 19 | | storage
system in the offices of the circuit court clerks in | 20 | | the several counties
of this State shall be borne by the | 21 | | county. To defray the expense in any
county that elects to | 22 | | establish a document storage system and convert the
records of | 23 | | the circuit court clerk to electronic or micrographic storage,
| 24 | | the county board may require the clerk of the circuit court in | 25 | | its county
to collect a court document fee of not less than $1 |
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| 1 | | nor more than $25 $15 , to
be charged and collected by the clerk | 2 | | of the court. The fee shall be paid
at the time of filing the | 3 | | first pleading, paper, or other appearance filed
by each party | 4 | | in all civil cases or by the defendant in any felony,
| 5 | | misdemeanor, traffic, ordinance, or conservation matter on a | 6 | | judgment of
guilty or grant of supervision, provided that the | 7 | | document storage system
is in place or has been authorized by | 8 | | the county board and further that no
additional fee shall be | 9 | | required if more than one party is presented in a
single | 10 | | pleading, paper, or other appearance. The fee shall
be | 11 | | collected in the manner in which all other fees or costs are
| 12 | | collected.
| 13 | | (b) Each clerk shall commence charges and collections of a | 14 | | court
document fee upon receipt of written notice from the | 15 | | chairman of
the county board together with a certified copy of | 16 | | the board's resolution,
which the clerk shall file of record in | 17 | | his or her office.
| 18 | | (c) Court document fees shall be in addition to other fees | 19 | | and charges
of the clerk, shall be assessable as costs, and may | 20 | | be waived only if the
judge specifically provides for the | 21 | | waiver of the court document storage
fee. The fees shall be | 22 | | remitted monthly
by the clerk to the county treasurer, to be | 23 | | retained by the treasurer in a
special fund designated as the | 24 | | Court Document Storage Fund. The fund shall
be audited by the | 25 | | county auditor, and the board shall make expenditures
from the | 26 | | fund in payment of any costs relative to the storage of court |
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| 1 | | records,
including hardware, software, research and | 2 | | development costs, and related
personnel, provided that the | 3 | | expenditure is approved by the clerk of the
circuit court.
| 4 | | (d) A court document fee shall not be charged in any matter | 5 | | coming to
the clerk on change of venue or in any proceeding to | 6 | | review the
decision of any administrative officer, agency, or | 7 | | body.
| 8 | | (Source: P.A. 94-596, eff. 1-1-06.)
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