Full Text of HB0556 97th General Assembly
HB0556 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0556 Introduced 1/31/2011, by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | 55 ILCS 5/4-2002.1 | from Ch. 34, par. 4-2002.1 |
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Amends the Counties Code. Makes a technical change in a Section concerning
State's attorney fees in counties of 3,000,000 or more.
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| | 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 | | 4-2002.1 as follows:
| 6 | | (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
| 7 | | Sec. 4-2002.1. State's attorney fees in counties of | 8 | | 3,000,000 or more
population. This Section applies only to | 9 | | counties with 3,000,000 or more
inhabitants.
| 10 | | (a) State's attorneys shall be entitled to the
the | 11 | | following fees: | 12 | | For each conviction in prosecutions on indictments for | 13 | | first degree
murder, second degree murder, involuntary | 14 | | manslaughter, criminal sexual
assault, aggravated criminal | 15 | | sexual assault, aggravated criminal sexual
abuse, kidnapping, | 16 | | arson and forgery, $60. All other cases punishable by
| 17 | | imprisonment in the penitentiary, $60.
| 18 | | For each conviction in other cases tried before judges of | 19 | | the circuit
court, $30; except that if the conviction is in a | 20 | | case which may be
assigned to an associate judge, whether or | 21 | | not it is in fact assigned to
an associate judge, the fee shall | 22 | | be $20.
| 23 | | For preliminary examinations for each defendant held to |
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| 1 | | bail or
recognizance, $20.
| 2 | | For each examination of a party bound over to keep the | 3 | | peace, $20.
| 4 | | For each defendant held to answer in a circuit court on a | 5 | | charge of
paternity, $20.
| 6 | | For each trial on a charge of paternity, $60.
| 7 | | For each case of appeal taken from his county or from the | 8 | | county to
which a change of venue is taken to his county to the | 9 | | Supreme or
Appellate Court when prosecuted or defended by him, | 10 | | $100.
| 11 | | For each day actually employed in the trial of a case, $50; | 12 | | in which
case the court before whom the case is tried shall | 13 | | make an order
specifying the number of days for which a per | 14 | | diem shall be allowed.
| 15 | | For each day actually employed in the trial of cases of | 16 | | felony
arising in their respective counties and taken by change | 17 | | of venue to
another county, $50; and the court before whom the | 18 | | case is tried shall
make an order specifying the number of days | 19 | | for which said per diem
shall be allowed; and it is hereby made | 20 | | the duty of each State's
attorney to prepare and try each case | 21 | | of felony arising when so taken by
change of venue.
| 22 | | For assisting in a trial of each case on an indictment for | 23 | | felony
brought by change of venue to their respective counties, | 24 | | the same fees
they would be entitled to if such indictment had | 25 | | been found for an
offense committed in his county, and it shall | 26 | | be the duty of the
State's attorney of the county to which such |
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| 1 | | cause is taken by
change of venue to assist in the trial | 2 | | thereof.
| 3 | | For each case of forfeited recognizance where the | 4 | | forfeiture is set
aside at the instance of the defense, in | 5 | | addition to the ordinary costs,
$20 for each defendant.
| 6 | | For each proceeding in a circuit court to inquire into the | 7 | | alleged
mental illness of any person, $20 for each defendant.
| 8 | | For each proceeding in a circuit court to inquire into the | 9 | | alleged
dependency or delinquency of any child, $20.
| 10 | | For each day actually employed in the hearing of a case of | 11 | | habeas
corpus in which the people are interested, $50.
| 12 | | All the foregoing fees shall be taxed as costs to be | 13 | | collected from
the defendant, if possible, upon conviction. But | 14 | | in cases of inquiry
into the mental illness of any person | 15 | | alleged to be mentally ill, in
cases on a charge of paternity | 16 | | and in cases of appeal in the Supreme or
Appellate Court, where | 17 | | judgment is in favor of the accused, the fees
allowed the | 18 | | State's attorney therein shall be retained out of the fines
and | 19 | | forfeitures collected by them in other cases.
| 20 | | Ten per cent of all moneys except revenue, collected by | 21 | | them and paid
over to the authorities entitled thereto, which | 22 | | per cent together with
the fees provided for herein that are | 23 | | not collected from the parties
tried or examined, shall be paid | 24 | | out of any fines and forfeited
recognizances collected by them, | 25 | | provided however, that in proceedings
to foreclose the lien of | 26 | | delinquent real estate taxes State's attorneys
shall receive a |
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| 1 | | fee, to be credited to the earnings of their office, of 10%
of | 2 | | the total amount realized from the sale of real estate sold in | 3 | | such
proceedings. Such fees shall be paid from the total amount | 4 | | realized from
the sale of the real estate sold in such | 5 | | proceedings.
| 6 | | State's attorneys shall have a lien for their fees on all | 7 | | judgments
for fines or forfeitures procured by them and on | 8 | | moneys except revenue
received by them until such fees and | 9 | | earnings are fully paid.
| 10 | | No fees shall be charged on more than 10 counts in any one | 11 | | indictment
or information on trial and conviction; nor on more | 12 | | than 10 counts
against any one defendant on pleas of guilty.
| 13 | | The Circuit Court may direct that of all monies received, | 14 | | by
restitution or otherwise, which monies are ordered paid to | 15 | | the
Department of Healthcare and Family Services (formerly | 16 | | Department of Public Aid) or the Department of Human Services | 17 | | (acting as
successor to the Department of Public Aid under the | 18 | | Department of Human
Services Act) as a direct result of the | 19 | | efforts
of the
State's attorney and which payments arise from | 20 | | Civil or Criminal
prosecutions involving the Illinois Public | 21 | | Aid Code or the Criminal Code,
the
following amounts shall be | 22 | | paid quarterly by the Department of Healthcare and Family | 23 | | Services or the Department of Human Services to the General | 24 | | Corporate Fund of
the County in which the prosecution
or cause | 25 | | of action took place:
| 26 | | (1) where the monies result from child support |
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| 1 | | obligations, not
less than 25% of the federal share of the | 2 | | monies received,
| 3 | | (2) where the monies result from other than child | 4 | | support
obligations, not less than 25% of the State's share | 5 | | of the monies received.
| 6 | | In addition to any other amounts to which State's Attorneys | 7 | | are entitled under this Section, State's Attorneys are entitled | 8 | | to $10 of the fine that is imposed under Section 5-9-1.17 of | 9 | | the Unified Code of Corrections, as set forth in that Section. | 10 | | (b) A municipality shall be entitled to a $25 prosecution | 11 | | fee for each
conviction for a violation of the Illinois Vehicle | 12 | | Code prosecuted by the
municipal attorney pursuant to Section | 13 | | 16-102 of that Code which is tried
before a circuit or | 14 | | associate judge and shall be entitled to a $25
prosecution fee | 15 | | for each conviction for a violation of a municipal vehicle
| 16 | | ordinance prosecuted by the municipal attorney which is tried | 17 | | before a
circuit or associate judge. Such fee shall be taxed as | 18 | | costs to be
collected from the defendant, if possible, upon | 19 | | conviction. A municipality
shall have a lien for such | 20 | | prosecution fees on all judgments or fines
procured by the | 21 | | municipal attorney from prosecutions for violations of the
| 22 | | Illinois Vehicle Code and municipal vehicle ordinances.
| 23 | | For the purposes of this subsection (b), "municipal vehicle | 24 | | ordinance"
means any ordinance enacted pursuant to Sections | 25 | | 11-40-1, 11-40-2, 11-40-2a, and
11-40-3 of the Illinois | 26 | | Municipal Code or any ordinance enacted by a
municipality which |
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| 1 | | is similar to a provision of Chapter 11 of the Illinois
Vehicle | 2 | | Code.
| 3 | | (Source: P.A. 95-331, eff. 8-21-07; 96-707, eff. 1-1-10; | 4 | | 96-1186, eff. 7-22-10.)
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