Full Text of HB3894 101st General Assembly
HB3894 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3894 Introduced 10/17/2019, by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
| 705 ILCS 135/5-10 | | 705 ILCS 135/5-20 | |
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Amends the Criminal and Traffic Assessment Act. Provides that before the court orders an assessment, the court shall make a determination of the defendant's ability to pay the assessment. Provides that if the court determines that the defendant is unable to pay the assessment, the court may reduce the assessment or waive the assessment in the court's discretion. Provides that one hour of public or community service shall
be equivalent to the value of one hour of work at the State minimum wage or the minimum hourly wage in the municipality where the defendant resides, whichever is greater, as calculated by the Department of Labor (rather than one hour of public or community service being equivalent to $4 of assessment). Provides that on the effective date of the Act and annually thereafter, the Director of Labor shall publish the Illinois minimum wage and the minimum wages of each municipality in the State that has enacted a minimum wage that is greater than the State minimum wage. Provides that the Director of Labor shall update the list if the State or municipal minimum wage is changed by law or if a municipality enacts an ordinance increasing its minimum wage that is greater than the State minimum wage. Provides that the published minimum wage list and updates shall be sent to the Administrative Office of the Illinois Courts to be provided to each judicial circuit in the State.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 Criminal and Traffic Assessment Act is | 5 | | amended by changing Sections 5-10 and 5-20 as follows: | 6 | | (705 ILCS 135/5-10) | 7 | | (This Section may contain text from a Public Act with a | 8 | | delayed effective date )
| 9 | | (Section scheduled to be repealed on January 1, 2021) | 10 | | Sec. 5-10. Schedules; payment.
| 11 | | (a) In each case, the court shall order an assessment at | 12 | | the time of sentencing, as set forth in this Act, for a | 13 | | defendant to pay in addition to any fine, restitution, or | 14 | | forfeiture ordered by the court when the defendant is convicted | 15 | | of, pleads guilty to, or is placed on court supervision for a | 16 | | violation of a statute of this State or a similar local | 17 | | ordinance. The court may order a fine, restitution, or | 18 | | forfeiture on any violation that is being sentenced but shall | 19 | | order only one assessment from the Schedule of Assessments 1 | 20 | | through 13 of this Act for all sentenced violations in a case, | 21 | | that being the schedule applicable to the highest classified | 22 | | offense violation that is being sentenced, plus any conditional | 23 | | assessments under Section 15-70 of this Act applicable to any |
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| 1 | | sentenced violation in the case. | 2 | | (b) Before the court orders an assessment, the court shall | 3 | | make a determination of the defendant's ability to pay the | 4 | | assessment. If the court determines that the defendant is | 5 | | unable to pay the assessment, the court may reduce the | 6 | | assessment or waive the assessment in the court's discretion. | 7 | | If the court finds that the schedule of assessments will cause | 8 | | an undue burden on any victim in a case or if the court orders | 9 | | community service or some other punishment in place of the | 10 | | applicable schedule of assessments, the court may reduce the | 11 | | amount set forth in the applicable schedule of assessments or | 12 | | not order the applicable schedule of assessments. If the court | 13 | | reduces the amount set forth in the applicable schedule of | 14 | | assessments, then all recipients of the funds collected will | 15 | | receive a prorated amount to reflect the reduction. | 16 | | (c) The court may order the assessments to be paid | 17 | | forthwith or within a specified period of time or in | 18 | | installments. | 19 | | (c-3) Excluding any ordered conditional assessment, if
the | 20 | | assessment is not paid within the period of probation, | 21 | | conditional
discharge, or supervision to which the defendant | 22 | | was originally sentenced,
the court may extend the period of | 23 | | probation, conditional discharge, or
supervision under Section | 24 | | 5-6-2 or 5-6-3.1 of the Unified Code of
Corrections, as | 25 | | applicable, until the assessment is paid or until
successful | 26 | | completion of public or community service set forth in
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| 1 | | subsection (b) of Section 5-20 of this Act or the successful | 2 | | completion of the substance abuse
intervention or treatment | 3 | | program set forth in subsection (c-5) of this Section. | 4 | | (c-5) Excluding any ordered conditional assessment, the | 5 | | court may suspend the collection of the assessment; provided, | 6 | | the defendant agrees to enter a substance
abuse intervention or | 7 | | treatment program approved by the court; and further
provided | 8 | | that the defendant agrees to pay for all or some portion of the
| 9 | | costs associated with the intervention or treatment program. In | 10 | | this case,
the collection of the assessment shall be
suspended | 11 | | during the defendant's participation in the approved
| 12 | | intervention or treatment program. Upon successful
completion | 13 | | of the program, the defendant may apply to the court to reduce
| 14 | | the assessment imposed under this Section by any amount | 15 | | actually paid
by the defendant for his or her participation in | 16 | | the program. The court shall not
reduce the assessment under | 17 | | this subsection unless the defendant
establishes to the | 18 | | satisfaction of the court that he or she has successfully
| 19 | | completed the intervention or treatment program. If the | 20 | | defendant's
participation is for any reason terminated before | 21 | | his or her successful completion
of the intervention or | 22 | | treatment program, collection of the entire
assessment imposed | 23 | | under this Act shall be enforced. Nothing in this
Section shall | 24 | | be deemed to affect or suspend any other fines, restitution
| 25 | | costs, forfeitures, or assessments imposed under this or any | 26 | | other Act. |
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| 1 | | (d) Except as provided in Section 5-15 of this Act, the | 2 | | defendant shall pay to the clerk of the court and the clerk | 3 | | shall remit the assessment to the appropriate entity as set | 4 | | forth in the ordered schedule of assessments within one month | 5 | | of its receipt. | 6 | | (e) Unless a court ordered payment schedule is implemented | 7 | | or the assessment
requirements of this Act are waived under a | 8 | | court order, the clerk of
the circuit court may add to any | 9 | | unpaid assessments under this Act a delinquency
amount equal to | 10 | | 5% of the unpaid assessments that remain unpaid after 30 days, | 11 | | 10% of
the unpaid assessments that remain unpaid after 60 days, | 12 | | and 15% of the unpaid assessments
that remain unpaid after 90 | 13 | | days. Notice to those parties may be made by
signage posting or | 14 | | publication. The additional delinquency amounts collected | 15 | | under this Section shall
be deposited into the Circuit Clerk | 16 | | Operations and Administration Fund and used to defray | 17 | | additional administrative costs incurred by the clerk of the
| 18 | | circuit court in collecting unpaid assessments.
| 19 | | (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.) | 20 | | (705 ILCS 135/5-20) | 21 | | (This Section may contain text from a Public Act with a | 22 | | delayed effective date )
| 23 | | (Section scheduled to be repealed on January 1, 2021) | 24 | | Sec. 5-20. Credit; time served; community service.
| 25 | | (a) Any credit for time served prior to sentencing that |
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| 1 | | reduces the amount a defendant is required to pay shall be | 2 | | deducted first from the fine, if any, ordered by the court. Any | 3 | | remainder of the credit shall be equally divided between the | 4 | | assessments indicated in the ordered schedule and conditional | 5 | | assessments. | 6 | | (b) Excluding any ordered conditional assessment, a | 7 | | defendant who has been ordered to pay an assessment may | 8 | | petition
the court to convert all or part of the assessment | 9 | | into court-approved
public or community service. One hour of | 10 | | public or community service shall
be equivalent to the value of | 11 | | one hour of work at the State minimum wage as provided in the | 12 | | Minimum Wage Law or the minimum hourly wage in the municipality | 13 | | where the defendant resides, whichever is greater, as | 14 | | calculated by the Department of Labor. On the effective date of | 15 | | this amendatory Act of the 101st General Assembly and annually | 16 | | thereafter, the Director of Labor shall publish the Illinois | 17 | | minimum wage and the minimum wages of each municipality in this | 18 | | State that has enacted by ordinance a minimum wage that is | 19 | | greater than the State minimum wage. The Director of Labor | 20 | | shall update the list if the State or municipal minimum wage is | 21 | | changed by law or if a municipality enacts an ordinance | 22 | | increasing its minimum wage that is greater than the State | 23 | | minimum wage. The published minimum wage list and updates shall | 24 | | be sent to the Administrative Office of the Illinois Courts to | 25 | | be provided to each judicial circuit in this State $4 of | 26 | | assessment . The performance of this public or
community service |
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| 1 | | shall be a condition of probation, conditional
discharge, or | 2 | | supervision and shall be in addition to the performance of any
| 3 | | other period of public or community service ordered by the | 4 | | court or required
by law.
| 5 | | (Source: P.A. 100-987, eff. 7-1-19.)
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