Full Text of HB2976 98th General Assembly
HB2976eng 98TH GENERAL ASSEMBLY |
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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 | | 5-1101 as follows: | 6 | | (55 ILCS 5/5-1101) (from Ch. 34, par. 5-1101)
| 7 | | Sec. 5-1101. Additional fees to finance court system.
A | 8 | | county board may enact by ordinance or resolution the following | 9 | | fees:
| 10 | | (a) A $5 fee to be paid by the defendant on a judgment of | 11 | | guilty or a grant
of supervision for violation of the Illinois | 12 | | Vehicle Code other than Section s
11-501 and 11-503 or | 13 | | violations of similar provisions contained in county or | 14 | | municipal
ordinances committed in the county, and up to a $30 | 15 | | fee to be paid by the
defendant on a judgment of guilty or a | 16 | | grant of supervision for violation of
Section s 11-501 and | 17 | | 11-503 of the Illinois Vehicle Code or a violation of a similar
| 18 | | provision contained in county or municipal ordinances | 19 | | committed in the county.
| 20 | | (b) A In the case of a county having a population of | 21 | | 1,000,000 or less,
a $5 fee to be collected in all civil cases | 22 | | by the clerk of the circuit court.
| 23 | | (c) A fee to be paid by the defendant on a judgment of |
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| 1 | | guilty or a grant of
supervision, as follows:
| 2 | | (1) for a felony, $50;
| 3 | | (2) for a class A misdemeanor, $25;
| 4 | | (3) for a class B or class C misdemeanor, $15;
| 5 | | (4) for a petty offense, $10;
| 6 | | (5) for a business offense, $10.
| 7 | | (d) A $100 fee for the second and subsequent violations of | 8 | | Section
11-501 of the Illinois Vehicle Code or violations of | 9 | | similar provisions
contained in county or municipal ordinances | 10 | | committed in the county. The
proceeds of this fee shall be | 11 | | placed in the county general fund and used to
finance education | 12 | | programs related to driving under the influence of alcohol or
| 13 | | drugs.
| 14 | | (d-5) A $10 fee to be paid by the defendant on a judgment | 15 | | of guilty or a grant of supervision under Section 5-9-1 of the | 16 | | Unified Code of Corrections to be placed in the county general | 17 | | fund and used to finance the county mental health court, the | 18 | | county drug court, the Veterans and Servicemembers Court, or | 19 | | any or all of the above. | 20 | | (e) In each county in which a teen court, peer court, peer | 21 | | jury, youth
court, or
other
youth diversion program has been | 22 | | created, a county may adopt a mandatory fee
of up to $5 to be | 23 | | assessed as provided in this subsection. Assessments
collected
| 24 | | by the clerk of the circuit court pursuant to this subsection | 25 | | must be deposited
into an
account specifically for the | 26 | | operation and administration of a teen court, peer
court, peer |
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| 1 | | jury, youth court, or other youth diversion program. The clerk | 2 | | of
the
circuit court shall collect the fees established in this | 3 | | subsection and must
remit the
fees to the teen court, peer | 4 | | court, peer jury, youth court, or other youth
diversion
program | 5 | | monthly, less 5%, which is to be retained as fee income to the | 6 | | office
of
the clerk of the circuit court. The fees are to be | 7 | | paid as follows:
| 8 | | (1) a fee of up to $5 paid by the defendant on a | 9 | | judgment of guilty or
grant of supervision for violation of | 10 | | the Illinois Vehicle Code or violations
of similar | 11 | | provisions contained in county or municipal ordinances | 12 | | committed in
the
county;
| 13 | | (2) a fee of up to $5 paid by the defendant on a | 14 | | judgment of guilty or
grant of supervision under Section | 15 | | 5-9-1 of the Unified Code of Corrections for
a
felony; for | 16 | | a Class A, Class B, or Class C misdemeanor; for a petty | 17 | | offense;
and
for a business offense.
| 18 | | (f) In each county in which a drug court has been created, | 19 | | the county may adopt a mandatory fee of up to $5 to be assessed | 20 | | as provided in this subsection. Assessments collected by the | 21 | | clerk of the circuit court pursuant to this subsection must be | 22 | | deposited into an account specifically for the operation and | 23 | | administration of the drug court. The clerk of the circuit | 24 | | court shall collect the fees established in this subsection and | 25 | | must remit the fees to the drug court, less 5%, which is to be | 26 | | retained as fee income to the office of the clerk of the |
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| 1 | | circuit court. The fees are to be paid as follows: | 2 | | (1) a fee of up to $5 paid by the defendant on a | 3 | | judgment of guilty or grant of supervision for a violation | 4 | | of the Illinois Vehicle Code or a violation of a similar | 5 | | provision contained in a county or municipal ordinance | 6 | | committed in the county; or | 7 | | (2) a fee of up to $5 paid by the defendant on a | 8 | | judgment of guilty or a grant of supervision under Section | 9 | | 5-9-1 of the Unified Code of Corrections for a felony; for | 10 | | a Class A, Class B, or Class C misdemeanor; for a petty | 11 | | offense; and for a business offense. | 12 | |
The clerk of the circuit court shall deposit the 5% | 13 | | retained under this subsection into the Circuit Court Clerk | 14 | | Operation and Administrative Fund to be used to defray the | 15 | | costs of collection and disbursement of the drug court fee. | 16 | | (f-5) In each county in which a Children's Advocacy Center | 17 | | provides services, the county board may adopt a mandatory fee | 18 | | of between $5 and $30 to be paid by the defendant on a judgment | 19 | | of guilty or a grant of supervision under Section 5-9-1 of the | 20 | | Unified Code of Corrections for a felony; for a Class A, Class | 21 | | B, or Class C misdemeanor; for a petty offense; and for a | 22 | | business offense. Assessments shall be collected by the clerk | 23 | | of the circuit court and must be deposited into an account | 24 | | specifically for the operation and administration of the | 25 | | Children's Advocacy Center. The clerk of the circuit court | 26 | | shall collect the fees as provided in this subsection, and must |
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| 1 | | remit the fees to the Children's Advocacy Center.
| 2 | | (g) The proceeds of all fees enacted under this Section | 3 | | must, except as
provided in subsections (d), (d-5),
(e), and | 4 | | (f), be placed
in the
county general fund and used to
finance | 5 | | the court system in the county, unless the fee is subject to
| 6 | | disbursement by the circuit clerk as provided under Section | 7 | | 27.5 of the Clerks
of Courts Act.
| 8 | | (Source: P.A. 95-103, eff. 1-1-08; 95-331, eff. 8-21-07; | 9 | | 96-328, eff. 8-11-09; 96-924, eff. 6-14-10.)
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