Full Text of HB3123 101st General Assembly
HB3123 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3123 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: |
| 55 ILCS 5/5-1101 | from Ch. 34, par. 5-1101 |
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Amends the Counties Code. Provides that a $5 fee on a judgment of guilty or a grant
of supervision does not apply to reckless driving or aggravated reckless driving under the Illinois Vehicle Code. Provides that a $30 fee on a judgment of guilty or a grant
of supervision applies to reckless driving or aggravated reckless driving under the Illinois Vehicle Code. Deletes a reference that limits a $5 fee collection in all civil cases to a county of having a population of 1,000,000 or less.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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| 7 | | (Section scheduled to be repealed on July 1, 2019) | 8 | | Sec. 5-1101. Additional fees to finance court system.
A | 9 | | county board may enact by ordinance or resolution the following | 10 | | fees:
| 11 | | (a) A $5 fee to be paid by the defendant on a judgment of | 12 | | guilty or a grant
of supervision for violation of the Illinois | 13 | | Vehicle Code other than Section
11-501 or 11-503 or violations | 14 | | of similar provisions contained in county or municipal
| 15 | | ordinances committed in the county, and up to a $30 fee to be | 16 | | paid by the
defendant on a judgment of guilty or a grant of | 17 | | supervision for violation of
Section 11-501 or 11-503 of the | 18 | | Illinois Vehicle Code or a violation of a similar
provision | 19 | | contained in county or municipal ordinances committed in the | 20 | | county.
| 21 | | (b) A In the case of a county having a population of | 22 | | 1,000,000 or less,
a $5 fee to be collected in all civil cases | 23 | | by the clerk of the circuit court.
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| 1 | | (c) A fee to be paid by the defendant on a judgment of | 2 | | guilty or a grant of
supervision, as follows:
| 3 | | (1) for a felony, $50;
| 4 | | (2) for a class A misdemeanor, $25;
| 5 | | (3) for a class B or class C misdemeanor, $15;
| 6 | | (4) for a petty offense, $10;
| 7 | | (5) for a business offense, $10.
| 8 | | (d) A $100 fee for the second and subsequent violations of | 9 | | Section
11-501 of the Illinois Vehicle Code or violations of | 10 | | similar provisions
contained in county or municipal ordinances | 11 | | committed in the county. The
proceeds of this fee shall be | 12 | | placed in the county general fund and used to
finance education | 13 | | programs related to driving under the influence of alcohol or
| 14 | | drugs.
| 15 | | (d-5) A $10 fee to be paid by the defendant on a judgment | 16 | | of guilty or a grant of supervision under Section 5-9-1 of the | 17 | | Unified Code of Corrections to be placed in the county general | 18 | | fund and used to finance the county mental health court, the | 19 | | county drug court, the Veterans and Servicemembers Court, or | 20 | | any or all of the above. | 21 | | (e) In each county in which a teen court, peer court, peer | 22 | | jury, youth
court, or
other
youth diversion program has been | 23 | | created, a county may adopt a mandatory fee
of up to $5 to be | 24 | | assessed as provided in this subsection. Assessments
collected
| 25 | | by the clerk of the circuit court pursuant to this subsection | 26 | | must be deposited
into an
account specifically for the |
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| 1 | | operation and administration of a teen court, peer
court, peer | 2 | | jury, youth court, or other youth diversion program. The clerk | 3 | | of
the
circuit court shall collect the fees established in this | 4 | | subsection and must
remit the
fees to the teen court, peer | 5 | | court, peer jury, youth court, or other youth
diversion
program | 6 | | monthly, less 5%, which is to be retained as fee income to the | 7 | | office
of
the clerk of the circuit court. The fees are to be | 8 | | paid as follows:
| 9 | | (1) a fee of up to $5 paid by the defendant on a | 10 | | judgment of guilty or
grant of supervision for violation of | 11 | | the Illinois Vehicle Code or violations
of similar | 12 | | provisions contained in county or municipal ordinances | 13 | | committed in
the
county;
| 14 | | (2) a fee of up to $5 paid by the defendant on a | 15 | | judgment of guilty or
grant of supervision under Section | 16 | | 5-9-1 of the Unified Code of Corrections for
a
felony; for | 17 | | a Class A, Class B, or Class C misdemeanor; for a petty | 18 | | offense;
and
for a business offense.
| 19 | | (f) In each county in which a drug court has been created, | 20 | | the county may adopt a mandatory fee of up to $5 to be assessed | 21 | | as provided in this subsection. Assessments collected by the | 22 | | clerk of the circuit court pursuant to this subsection must be | 23 | | deposited into an account specifically for the operation and | 24 | | administration of the drug court. The clerk of the circuit | 25 | | court shall collect the fees established in this subsection and | 26 | | must remit the fees to the drug court, less 5%, which is to be |
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| 1 | | retained as fee income to the office of the clerk of the | 2 | | circuit court. The fees are to be paid as follows: | 3 | | (1) a fee of up to $5 paid by the defendant on a | 4 | | judgment of guilty or grant of supervision for a violation | 5 | | of the Illinois Vehicle Code or a violation of a similar | 6 | | provision contained in a county or municipal ordinance | 7 | | committed in the county; or | 8 | | (2) a fee of up to $5 paid by the defendant on a | 9 | | judgment of guilty or a grant of supervision under Section | 10 | | 5-9-1 of the Unified Code of Corrections for a felony; for | 11 | | a Class A, Class B, or Class C misdemeanor; for a petty | 12 | | offense; and for a business offense. | 13 | |
The clerk of the circuit court shall deposit the 5% | 14 | | retained under this subsection into the Circuit Court Clerk | 15 | | Operation and Administrative Fund to be used to defray the | 16 | | costs of collection and disbursement of the drug court fee. | 17 | | (f-5) In each county in which a Children's Advocacy Center | 18 | | provides services, the county board may adopt a mandatory fee | 19 | | of between $5 and $30 to be paid by the defendant on a judgment | 20 | | of guilty or a grant of supervision under Section 5-9-1 of the | 21 | | Unified Code of Corrections for a felony; for a Class A, Class | 22 | | B, or Class C misdemeanor; for a petty offense; and for a | 23 | | business offense. Assessments shall be collected by the clerk | 24 | | of the circuit court and must be deposited into an account | 25 | | specifically for the operation and administration of the | 26 | | Children's Advocacy Center. The clerk of the circuit court |
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| 1 | | shall collect the fees as provided in this subsection, and must | 2 | | remit the fees to the Children's Advocacy Center.
| 3 | | (f-10) In each county in which the Court Appointed Special | 4 | | Advocates provide services, the county board may, in addition | 5 | | to any fine imposed under Section 5-9-1 of the Unified Code of | 6 | | Corrections, adopt a mandatory fee of between $10 and $30 to be | 7 | | paid by the defendant on a judgment of guilty or a grant of | 8 | | supervision for a felony; for a Class A, Class B, or Class C | 9 | | misdemeanor; for a petty offense; and for a business offense; | 10 | | where a court appearance is required. Assessments shall be | 11 | | collected by the clerk of the circuit court and must be | 12 | | deposited into an account specifically for the operations of | 13 | | the Court Appointed Special Advocates. The clerk of the circuit | 14 | | court shall collect the fees as provided in this subsection and | 15 | | must remit the fees to the Court Appointed Special Advocates | 16 | | Fund that the county board shall create for the receipt of | 17 | | funds collected under this subsection, and from which the | 18 | | county board shall make grants to support the activities and | 19 | | services of the Court Appointed Special Advocates within that | 20 | | county. The term "Court Appointed Special Advocates" is | 21 | | copyrighted and is used with permission of the holder of the | 22 | | copyright. | 23 | | (g) The proceeds of all fees enacted under this Section | 24 | | must, except as
provided in subsections (d), (d-5),
(e), (f), | 25 | | and (f-10) be placed
in the
county general fund and used to
| 26 | | finance the court system in the county, unless the fee is |
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| 1 | | subject to
disbursement by the circuit clerk as provided under | 2 | | Section 27.5 of the Clerks
of Courts Act.
| 3 | | (Source: P.A. 98-331, eff. 8-13-13. Repealed by P.A. 100-987, | 4 | | eff. 7-1-19.)
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