Full Text of HB2768 099th General Assembly
HB2768 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB2768 Introduced , by Rep. John E. Bradley SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/5-1103 | from Ch. 34, par. 5-1103 |
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Amends the Counties Code. Provides that a court services fee shall not exceed $25 unless the fee is set according to an acceptable cost study under the Code.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB2768 | | LRB099 07320 AWJ 27430 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing Section | 5 | | 5-1103 as follows:
| 6 | | (55 ILCS 5/5-1103) (from Ch. 34, par. 5-1103)
| 7 | | Sec. 5-1103. Court services fee. A county board may enact | 8 | | by ordinance or
resolution a court services fee dedicated to | 9 | | defraying court security expenses
incurred by the sheriff in | 10 | | providing court services or for any other court
services deemed | 11 | | necessary by the sheriff to provide for court security,
| 12 | | including without limitation court services provided pursuant | 13 | | to Section
3-6023, as now or hereafter amended. Such fee shall | 14 | | be paid in civil cases by
each party at the time of filing the | 15 | | first pleading, paper or other appearance;
provided that no | 16 | | additional fee shall be required if more than one party is
| 17 | | represented in a single pleading, paper or other appearance. In | 18 | | criminal,
local ordinance, county ordinance, traffic and | 19 | | conservation cases, such fee
shall be assessed against the | 20 | | defendant upon a plea of guilty, stipulation of
facts or | 21 | | findings of guilty, resulting in a judgment of conviction, or | 22 | | order of
supervision, or sentence of probation without entry of | 23 | | judgment pursuant to
Section 10 of the Cannabis Control Act, |
| | | HB2768 | - 2 - | LRB099 07320 AWJ 27430 b |
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| 1 | | Section 410 of the Illinois Controlled
Substances Act, Section | 2 | | 70 of the Methamphetamine Control and Community Protection Act,
| 3 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the | 4 | | Criminal Code of 1961 or the Criminal Code of 2012, Section | 5 | | 10-102 of
the Illinois Alcoholism and Other Drug Dependency | 6 | | Act, Section 40-10 of the
Alcoholism and Other Drug Abuse and | 7 | | Dependency Act, or Section 10 of the
Steroid Control Act. In | 8 | | setting such fee, the county board may impose,
with
the | 9 | | concurrence of the Chief Judge of the judicial circuit in which | 10 | | the county
is located by administrative order entered by the | 11 | | Chief Judge,
differential
rates for the various types or | 12 | | categories of criminal and civil cases, but the
maximum rate | 13 | | shall not exceed $25 , unless the fee is set according to an | 14 | | acceptable cost study in accordance with Section 4-5001 of the | 15 | | Counties Code .
All proceeds from this fee must be used to | 16 | | defray court security expenses
incurred by the sheriff in | 17 | | providing court services.
No fee shall be imposed or collected,
| 18 | | however, in traffic, conservation, and ordinance cases in which | 19 | | fines are paid
without a court appearance. The fees shall be | 20 | | collected in the manner in which
all other court fees or costs | 21 | | are collected and shall be deposited into the
county general | 22 | | fund for payment solely of costs incurred by the sheriff in
| 23 | | providing court security or for any other court services deemed | 24 | | necessary by
the sheriff to provide for court security.
| 25 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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