Translate
Illinois Compiled Statutes - Full Text
Illinois Compiled Statutes (ILCS)
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.
Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
(725 ILCS 5/124A-10)
Sec. 124A-10.
Lien.
The property, real and personal, of a person who is
convicted of an offense shall be bound, and a lien is created on the property,
both real and personal, of every
offender, not exempt from the enforcement of a judgment or attachment, from the
time of finding the indictment at least so far as will be sufficient to pay the
fine and costs of prosecution. The clerk of the court in which the conviction
is had shall upon the expiration of 30 days after judgment is entered issue a
certified copy of the judgment for any fine that remains unpaid, and all
costs of conviction remaining unpaid.
Unless a court ordered payment schedule is implemented, the clerk of the
court may add to any judgment a delinquency amount equal to 5% of the unpaid
fines, costs, fees, and penalties that remain unpaid after 30 days, 10% of the
unpaid fines, costs, fees, and penalties that remain unpaid after 60 days, and
15% of the unpaid
fines, costs, fees, and penalties that remain unpaid after 90 days. Notice
to those parties affected may be made by signage posting or
publication. The clerk
of the court may also after a period of 90 days release to credit
reporting agencies, information regarding unpaid amounts.
The additional delinquency amounts collected under this Section shall be
used to defray additional administrative costs incurred by the clerk of
the court in
collecting unpaid fines, costs, fees, and penalties.
The certified copy of
the judgment shall state the day on which the arrest was
made or indictment found, as the case may be. Enforcement of the judgment
may be directed to the proper officer of any county in this State. The officer
to whom the certified copy of the judgment is delivered shall levy
the judgment
upon all the estate, real and personal, of the defendant (not exempt from
enforcement) possessed by him or her on the day of the arrest or finding
the indictment, as stated in the certified copy of the judgment and any
such property subsequently acquired; and the property so levied upon shall
be advertised and sold in the same manner as in civil cases, with the like
rights to all parties that may be interested in the property.
It is not an
objection to the selling of any property under the judgment
that the defendant is in custody for the fine or costs, or both.
(Source: P.A. 92-653, eff. 1-1-03.)
|