Full Text of HB4157 101st General Assembly
HB4157 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4157 Introduced 1/22/2020, by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: |
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Amends the Code of Criminal Procedure of 1963. Makes a technical change in the Section concerning assessment waivers.
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| | A BILL FOR |
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| | | HB4157 | | LRB101 17819 RLC 67250 b |
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| 1 | | AN ACT concerning fines, fees, and assessments.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 124A-20 as follows: | 6 | | (725 ILCS 5/124A-20) | 7 | | Sec. 124A-20. Assessment waiver. | 8 | | (a) As used in this this Section: | 9 | | "Assessments" means any costs imposed on a criminal | 10 | | defendant under Article 15 of the Criminal and Traffic | 11 | | Assessment Act, but does not include violation of the | 12 | | Illinois Vehicle Code assessments. | 13 | | "Indigent person" means any person who meets one or | 14 | | more of the following criteria: | 15 | | (1) He or she is receiving assistance under one or | 16 | | more of the following means-based governmental public | 17 | | benefits programs: Supplemental Security Income; Aid | 18 | | to the Aged, Blind and Disabled; Temporary Assistance | 19 | | for Needy Families; Supplemental Nutrition Assistance | 20 | | Program; General Assistance; Transitional Assistance; | 21 | | or State Children and Family Assistance. | 22 | | (2) His or her available personal income is 200% or | 23 | | less of the current poverty level, unless the |
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| 1 | | applicant's assets that are not exempt under Part 9 or | 2 | | 10 of Article XII of the Code of Civil Procedure are of | 3 | | a nature and value that the court determines that the | 4 | | applicant is able to pay the assessments. | 5 | | (3) He or she is, in the discretion of the court, | 6 | | unable to proceed in an action with payment of | 7 | | assessments and whose payment of those assessments | 8 | | would result in substantial hardship to the person or | 9 | | his or her family. | 10 | | "Poverty level" means the current poverty level as | 11 | | established by the United States Department of Health and | 12 | | Human Services. | 13 | | (b) Upon the application of any defendant, after the | 14 | | commencement of an action, but no later than 30 days after | 15 | | sentencing: | 16 | | (1) If the court finds that the applicant is an | 17 | | indigent person, the court shall grant the applicant a full | 18 | | assessment waiver exempting him or her from the payment of | 19 | | any assessments. | 20 | | (2) The court shall grant the applicant a partial | 21 | | assessment as follows: | 22 | | (A) 75% of all assessments shall be waived if the | 23 | | applicant's available income is greater than 200% but | 24 | | no more than 250% of the poverty level, unless the | 25 | | applicant's assets that are not exempt under Part 9 or | 26 | | 10 of Article XII of the Code of Civil Procedure are |
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| 1 | | such that the applicant is able, without undue | 2 | | hardship, to pay the total assessments. | 3 | | (B) 50% of all assessments shall be waived if the | 4 | | applicant's available income is greater than 250% but | 5 | | no more than 300% of the poverty level, unless the | 6 | | applicant's assets that are not exempt under Part 9 or | 7 | | 10 of Article XII of the Code of Civil Procedure are | 8 | | such that the court determines that the applicant is | 9 | | able, without undue hardship, to pay a greater portion | 10 | | of the assessments. | 11 | | (C) 25% of all assessments shall be waived if the | 12 | | applicant's available income is greater than 300% but | 13 | | no more than 400% of the poverty level, unless the | 14 | | applicant's assets that are not exempt under Part 9 or | 15 | | 10 of Article XII of the Code of Civil Procedure are | 16 | | such that the court determines that the applicant is | 17 | | able, without undue hardship, to pay a greater portion | 18 | | of the assessments. | 19 | | (c) An application for a waiver of assessments shall be in | 20 | | writing, signed by the defendant or, if the defendant is a | 21 | | minor, by another person having knowledge of the facts, and | 22 | | filed no later than 30 days after sentencing. The contents of | 23 | | the application for a waiver of assessments, and the procedure | 24 | | for deciding the applications, shall be established by Supreme | 25 | | Court Rule. Factors to consider in evaluating an application | 26 | | shall include: |
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| 1 | | (1) the applicant's receipt of needs based | 2 | | governmental public benefits, including Supplemental | 3 | | Security Income (SSI); Aid to the Aged, Blind and Disabled | 4 | | (ADBD); Temporary Assistance for Needy Families (TANF); | 5 | | Supplemental Nutrition Assistance Program (SNAP or "food | 6 | | stamps"); General Assistance; Transitional Assistance; or | 7 | | State Children and Family Assistance; | 8 | | (2) the employment status of the applicant and amount | 9 | | of monthly income, if any; | 10 | | (3) income received from the applicant's pension, | 11 | | Social Security benefits, unemployment benefits, and other | 12 | | sources; | 13 | | (4) income received by the applicant from other | 14 | | household members; | 15 | | (5) the applicant's monthly expenses, including rent, | 16 | | home mortgage, other mortgage, utilities, food, medical, | 17 | | vehicle, childcare, debts, child support, and other | 18 | | expenses; and | 19 | | (6) financial affidavits or other similar supporting | 20 | | documentation provided by the applicant showing that | 21 | | payment of the imposed assessments would result in | 22 | | substantial hardship to the applicant or the applicant's | 23 | | family. | 24 | | (d) The clerk of court shall provide the application for a | 25 | | waiver of assessments to any defendant who indicates an | 26 | | inability to pay the assessments. The clerk of the court shall |
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| 1 | | post in a conspicuous place in the courthouse a notice, no | 2 | | smaller than 8.5 x 11 inches and using no smaller than 30-point | 3 | | typeface printed in English and in Spanish, advising criminal | 4 | | defendants they may ask the court for a waiver of any court | 5 | | ordered assessments. The notice shall be substantially as | 6 | | follows: | 7 | | "If you are unable to pay the required assessments, you | 8 | | may ask the court to waive payment of them. Ask the clerk | 9 | | of the court for forms." | 10 | | (e) For good cause shown, the court may allow an applicant | 11 | | whose application is denied or who receives a partial | 12 | | assessment waiver to defer payment of the assessments, make | 13 | | installment payments, or make payment upon reasonable terms and | 14 | | conditions stated in the order. | 15 | | (f) Nothing in this Section shall be construed to affect | 16 | | the right of a party to court-appointed counsel, as authorized | 17 | | by any other provision of law or by the rules of the Illinois | 18 | | Supreme Court. | 19 | | (g) The provisions of this Section are severable under | 20 | | Section 1.31 of the Statute on Statutes.
| 21 | | (Source: P.A. 100-987, eff. 7-1-19 .)
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