Full Text of HB5743 97th General Assembly
HB5743 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5743 Introduced 2/16/2012, by Rep. John E. Bradley SYNOPSIS AS INTRODUCED: |
| 55 ILCS 5/5-1101 | from Ch. 34, par. 5-1101 |
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Amends the Counties Code. Allows the county board to impose an additional fee of $10 to $30 on convictions and grants of supervision for felonies, misdemeanors, petty offenses, and business offenses, to be used to support Court Appointed Special Advocate services. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning 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 | | Sec. 5-1101. Additional fees to finance court system.
A | 8 | | county board may enact by ordinance or resolution the following | 9 | | fees:
| 10 | | (a) A $5 fee to be paid by the defendant on a judgment of | 11 | | guilty or a grant
of supervision for violation of the Illinois | 12 | | Vehicle Code other than Section
11-501 or violations of similar | 13 | | provisions contained in county or municipal
ordinances | 14 | | committed in the county, and up to a $30 fee to be paid by the
| 15 | | defendant on a judgment of guilty or a grant of supervision for | 16 | | violation of
Section 11-501 of the Illinois Vehicle Code or a | 17 | | violation of a similar
provision contained in county or | 18 | | municipal ordinances committed in the county.
| 19 | | (b) In the case of a county having a population of | 20 | | 1,000,000 or less,
a $5 fee to be collected in all civil cases | 21 | | by the clerk of the circuit court.
| 22 | | (c) A fee to be paid by the defendant on a judgment of | 23 | | guilty or a grant of
supervision, as follows:
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| 1 | | (1) for a felony, $50;
| 2 | | (2) for a class A misdemeanor, $25;
| 3 | | (3) for a class B or class C misdemeanor, $15;
| 4 | | (4) for a petty offense, $10;
| 5 | | (5) for a business offense, $10.
| 6 | | (d) A $100 fee for the second and subsequent violations of | 7 | | Section
11-501 of the Illinois Vehicle Code or violations of | 8 | | similar provisions
contained in county or municipal ordinances | 9 | | committed in the county. The
proceeds of this fee shall be | 10 | | placed in the county general fund and used to
finance education | 11 | | programs related to driving under the influence of alcohol or
| 12 | | drugs.
| 13 | | (d-5) A $10 fee to be paid by the defendant on a judgment | 14 | | of guilty or a grant of supervision under Section 5-9-1 of the | 15 | | Unified Code of Corrections to be placed in the county general | 16 | | fund and used to finance the county mental health court, the | 17 | | county drug court, the Veterans and Servicemembers Court, or | 18 | | any or all of the above. | 19 | | (e) In each county in which a teen court, peer court, peer | 20 | | jury, youth
court, or
other
youth diversion program has been | 21 | | created, a county may adopt a mandatory fee
of up to $5 to be | 22 | | assessed as provided in this subsection. Assessments
collected
| 23 | | by the clerk of the circuit court pursuant to this subsection | 24 | | must be deposited
into an
account specifically for the | 25 | | operation and administration of a teen court, peer
court, peer | 26 | | jury, youth court, or other youth diversion program. The clerk |
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| 1 | | of
the
circuit court shall collect the fees established in this | 2 | | subsection and must
remit the
fees to the teen court, peer | 3 | | court, peer jury, youth court, or other youth
diversion
program | 4 | | monthly, less 5%, which is to be retained as fee income to the | 5 | | office
of
the clerk of the circuit court. The fees are to be | 6 | | paid as follows:
| 7 | | (1) a fee of up to $5 paid by the defendant on a | 8 | | judgment of guilty or
grant of supervision for violation of | 9 | | the Illinois Vehicle Code or violations
of similar | 10 | | provisions contained in county or municipal ordinances | 11 | | committed in
the
county;
| 12 | | (2) a fee of up to $5 paid by the defendant on a | 13 | | judgment of guilty or
grant of supervision under Section | 14 | | 5-9-1 of the Unified Code of Corrections for
a
felony; for | 15 | | a Class A, Class B, or Class C misdemeanor; for a petty | 16 | | offense;
and
for a business offense.
| 17 | | (f) In each county in which a drug court has been created, | 18 | | the county may adopt a mandatory fee of up to $5 to be assessed | 19 | | as provided in this subsection. Assessments collected by the | 20 | | clerk of the circuit court pursuant to this subsection must be | 21 | | deposited into an account specifically for the operation and | 22 | | administration of the drug court. The clerk of the circuit | 23 | | court shall collect the fees established in this subsection and | 24 | | must remit the fees to the drug court, less 5%, which is to be | 25 | | retained as fee income to the office of the clerk of the | 26 | | circuit court. The fees are to be paid as follows: |
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| 1 | | (1) a fee of up to $5 paid by the defendant on a | 2 | | judgment of guilty or grant of supervision for a violation | 3 | | of the Illinois Vehicle Code or a violation of a similar | 4 | | provision contained in a county or municipal ordinance | 5 | | committed in the county; or | 6 | | (2) a fee of up to $5 paid by the defendant on a | 7 | | judgment of guilty or a grant of supervision under Section | 8 | | 5-9-1 of the Unified Code of Corrections for a felony; for | 9 | | a Class A, Class B, or Class C misdemeanor; for a petty | 10 | | offense; and for a business offense. | 11 | |
The clerk of the circuit court shall deposit the 5% | 12 | | retained under this subsection into the Circuit Court Clerk | 13 | | Operation and Administrative Fund to be used to defray the | 14 | | costs of collection and disbursement of the drug court fee. | 15 | | (f-5) In each county in which a Children's Advocacy Center | 16 | | provides services, the county board may adopt a mandatory fee | 17 | | of between $5 and $30 to be paid by the defendant on a judgment | 18 | | of guilty or a grant of supervision under Section 5-9-1 of the | 19 | | Unified Code of Corrections for a felony; for a Class A, Class | 20 | | B, or Class C misdemeanor; for a petty offense; and for a | 21 | | business offense. Assessments shall be collected by the clerk | 22 | | of the circuit court and must be deposited into an account | 23 | | specifically for the operation and administration of the | 24 | | Children's Advocacy Center. The clerk of the circuit court | 25 | | shall collect the fees as provided in this subsection, and must | 26 | | remit the fees to the Children's Advocacy Center.
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| 1 | | (f-10) In each county in which the Court Appointed Special | 2 | | Advocates provide services, the county board may, in addition | 3 | | to any fine imposed under Section 5-9-1 of the Unified Code of | 4 | | Corrections, adopt a mandatory fee of between $10 and $30 to be | 5 | | paid by the defendant on a judgment of guilty or a grant of | 6 | | supervision for a felony; for a Class A, Class B, or Class C | 7 | | misdemeanor; for a petty offense; and for a business offense; | 8 | | where a court appearance is required. Assessments shall be | 9 | | collected by the clerk of the circuit court and must be | 10 | | deposited into an account specifically for the operations of | 11 | | the Court Appointed Special Advocates. The clerk of the circuit | 12 | | court shall collect the fees as provided in this subsection and | 13 | | must remit the fees to the Court Appointed Special Advocates | 14 | | Fund that the county board shall create for the receipt of | 15 | | funds collected under this subsection, and from which the | 16 | | county board shall make grants to support the activities and | 17 | | services of the Court Appointed Special Advocates within that | 18 | | county. The term "Court Appointed Special Advocates" is | 19 | | copyrighted and is used with permission of the holder of the | 20 | | copyright. | 21 | | (g) The proceeds of all fees enacted under this Section | 22 | | must, except as
provided in subsections (d), (d-5),
(e), and | 23 | | (f), and (f-10) be placed
in the
county general fund and used | 24 | | to
finance the court system in the county, unless the fee is | 25 | | subject to
disbursement by the circuit clerk as provided under | 26 | | Section 27.5 of the Clerks
of Courts Act.
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| 1 | | (Source: P.A. 95-103, eff. 1-1-08; 95-331, eff. 8-21-07; | 2 | | 96-328, eff. 8-11-09; 96-924, eff. 6-14-10.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law. |
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