Full Text of SB3695 96th General Assembly
SB3695enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning corrections.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by adding | 5 |
| Sections 5.777, 5.778, 6z-82, and 8p as follows: | 6 |
| (30 ILCS 105/5.777 new) | 7 |
| Sec. 5.777. The State Police Streetgang-Related Crime | 8 |
| Fund. | 9 |
| (30 ILCS 105/5.778 new) | 10 |
| Sec. 5.778. The State Police Operations Assistance Fund. | 11 |
| (30 ILCS 105/6z-82 new) | 12 |
| Sec. 6z-82. State Police Operations Assistance Fund. | 13 |
| (a) There is created in the State treasury a special fund | 14 |
| known as the State Police Operations Assistance Fund. The Fund | 15 |
| shall receive revenue pursuant to Section 27.3a of the Clerks | 16 |
| of Courts Act. The Fund may also receive revenue from grants, | 17 |
| donations, appropriations, and any other legal source. | 18 |
| (b) The Department of State Police may use moneys in the | 19 |
| Fund to finance any of its lawful purposes or functions. | 20 |
| (c) Expenditures may be made from the Fund only as | 21 |
| appropriated by the General Assembly by law. |
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| (d) Investment income that is attributable to the | 2 |
| investment of moneys in the Fund shall be retained in the Fund | 3 |
| for the uses specified in this Section. | 4 |
| (e) The State Police Operations Assistance Fund shall not | 5 |
| be subject to administrative chargebacks. | 6 |
| (30 ILCS 105/8p new) | 7 |
| Sec. 8p. State Police Streetgang-Related Crime Fund. | 8 |
| (a) The State Police Streetgang-Related Crime Fund is | 9 |
| created as a special fund in the State treasury. | 10 |
| (b) All moneys collected and payable to the Department of | 11 |
| State Police under Section 5-9-1.19 of the Unified Code of | 12 |
| Corrections shall be deposited into the State Police | 13 |
| Streetgang-Related Crime Fund and shall be appropriated to and | 14 |
| administered by the Department of State Police for operations | 15 |
| and initiatives to combat and prevent streetgang-related | 16 |
| crime. | 17 |
| (c) The State Police Streetgang-Related Crime Fund shall | 18 |
| not be subject to administrative chargebacks.
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| Section 6. The Clerks of Courts Act is amended by changing | 20 |
| Section 27.3a as follows:
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| (705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
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| Sec. 27.3a. Fees for automated record keeping and State | 23 |
| Police operations .
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| 1. The expense of establishing and maintaining automated | 2 |
| record
keeping systems in the offices of the clerks of the | 3 |
| circuit court shall
be borne by the county. To defray such | 4 |
| expense in any county having
established such an automated | 5 |
| system or which elects to establish such a
system, the county | 6 |
| board may require the clerk of the circuit court in
their | 7 |
| county to charge and collect a court automation fee of not less | 8 |
| than
$1 nor more than $15 to be charged and collected by the | 9 |
| clerk of the court.
Such fee shall be paid at the time of | 10 |
| filing the first pleading, paper or
other appearance filed by | 11 |
| each party in all civil cases or by the defendant
in any | 12 |
| felony, traffic, misdemeanor, municipal ordinance, or | 13 |
| conservation
case upon a judgment of guilty or grant of | 14 |
| supervision, provided that
the record keeping system which | 15 |
| processes the case
category for which the fee is charged is | 16 |
| automated or has been approved for
automation by the county | 17 |
| board, and provided further that no additional fee
shall be | 18 |
| required if more than one party is presented in a single | 19 |
| pleading,
paper or other appearance. Such fee shall be | 20 |
| collected in the manner in
which all other fees or costs are | 21 |
| collected.
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| 1.5. Starting on the effective date of this amendatory Act | 23 |
| of the 96th General Assembly, a clerk of the circuit court in | 24 |
| any county that imposes a fee pursuant to subsection 1 of this | 25 |
| Section, shall charge and collect an additional fee in an | 26 |
| amount equal to the amount of the fee imposed pursuant to |
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| subsection 1 of this Section. This additional fee shall be paid | 2 |
| by the defendant in any felony, traffic, misdemeanor, local | 3 |
| ordinance, or conservation case upon a judgment of guilty or | 4 |
| grant of supervision. | 5 |
| 2. With respect to the fee imposed under subsection 1 of | 6 |
| this Section, each Each clerk shall commence such charges and | 7 |
| collections upon receipt
of written notice from the chairman of | 8 |
| the county board together with a
certified copy of the board's | 9 |
| resolution, which the clerk shall file of
record in his office.
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| 3. With respect to the fee imposed under subsection 1 of | 11 |
| this Section, such Such fees shall be in addition to all other | 12 |
| fees and charges of such
clerks, and assessable as costs, and | 13 |
| may be waived only if the judge
specifically provides for the | 14 |
| waiver of the court automation fee. The
fees shall be remitted | 15 |
| monthly by such clerk to the county treasurer, to be
retained | 16 |
| by him in a special fund designated as the court automation | 17 |
| fund.
The fund shall be audited by the county auditor, and the | 18 |
| board shall make
expenditure from the fund in payment of any | 19 |
| cost related to the automation
of court records, including | 20 |
| hardware, software, research and development
costs and | 21 |
| personnel related thereto, provided that the expenditure is
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| approved by the clerk of the court and by the chief judge of | 23 |
| the circuit
court or his designate.
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| 4. With respect to the fee imposed under subsection 1 of | 25 |
| this Section, such Such fees shall not be charged in any matter | 26 |
| coming to any such clerk
on change of venue, nor in any |
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| proceeding to review the decision of any
administrative | 2 |
| officer, agency or body.
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| 5. With respect to the additional fee imposed under | 4 |
| subsection 1.5 of this Section, the fee shall be remitted by | 5 |
| the circuit clerk to the State Treasurer within one month after | 6 |
| receipt for deposit into the State Police Operations Assistance | 7 |
| Fund. | 8 |
| (Source: P.A. 94-595, eff. 1-1-06.)
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| Section 10. The Unified Code of Corrections is amended by | 10 |
| adding Section 5-9-1.19 as follows: | 11 |
| (730 ILCS 5/5-9-1.19 new) | 12 |
| Sec. 5-9-1.19. Additional streetgang fine. In addition to | 13 |
| any other penalty imposed, a fine of $100 shall be imposed upon | 14 |
| a person convicted of any violation of the Criminal Code of | 15 |
| 1961 who was, at the time of the commission of the violation a | 16 |
| streetgang member, as defined in Section 10 of the Illinois | 17 |
| Streetgang Terrorism Omnibus Prevention Act. Such additional | 18 |
| fine shall be assessed by the court imposing sentence and shall | 19 |
| be collected by the circuit clerk. Of this fee, $5 shall be | 20 |
| deposited into the Circuit Court Clerk Operation and | 21 |
| Administrative Fund created by the Clerk of the Circuit Court | 22 |
| to be used to offset the costs incurred by the Circuit Court | 23 |
| Clerk in performing the additional duties required to collect | 24 |
| and disburse funds as provided by law. Each such additional |
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| fine shall be remitted by the Circuit Court Clerk within one | 2 |
| month after receipt to the State Police Streetgang-Related | 3 |
| Crime Fund in the State treasury. | 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law. |
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