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91_HB2286
LRB9105128MWpc
1 AN ACT to amend the Counties Code by changing Sections
2 4-2002 and 4-2002.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Sections 4-2002 and 4-2002.1 as follows:
7 (55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
8 Sec. 4-2002. State's attorney fees in counties under
9 800,000 3,000,000 population. This Section applies only to
10 counties with fewer than 800,000 3,000,000 inhabitants.
11 (a) State's attorneys shall be entitled to the following
12 fees, however, the fee requirement of this subsection does
13 not apply to county boards:
14 For each conviction in prosecutions on indictments for
15 first degree murder, second degree murder, involuntary
16 manslaughter, criminal sexual assault, aggravated criminal
17 sexual assault, aggravated criminal sexual abuse, kidnapping,
18 arson and forgery, $30. All other cases punishable by
19 imprisonment in the penitentiary, $30.
20 For each conviction in other cases tried before judges of
21 the circuit court, $15; except that if the conviction is in a
22 case which may be assigned to an associate judge, whether or
23 not it is in fact assigned to an associate judge, the fee
24 shall be $10.
25 For preliminary examinations for each defendant held to
26 bail or recognizance, $10.
27 For each examination of a party bound over to keep the
28 peace, $10.
29 For each defendant held to answer in a circuit court on a
30 charge of paternity, $10.
31 For each trial on a charge of paternity, $30.
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1 For each case of appeal taken from his county or from the
2 county to which a change of venue is taken to his county to
3 the Supreme or Appellate Court when prosecuted or defended by
4 him, $50.
5 For each day actually employed in the trial of a case,
6 $25; in which case the court before whom the case is tried
7 shall make an order specifying the number of days for which a
8 per diem shall be allowed.
9 For each day actually employed in the trial of cases of
10 felony arising in their respective counties and taken by
11 change of venue to another county, $25; and the court before
12 whom the case is tried shall make an order specifying the
13 number of days for which said per diem shall be allowed; and
14 it is hereby made the duty of each State's attorney to
15 prepare and try each case of felony arising when so taken by
16 change of venue.
17 For assisting in a trial of each case on an indictment
18 for felony brought by change of venue to their respective
19 counties, the same fees they would be entitled to if such
20 indictment had been found for an offense committed in his
21 county, and it shall be the duty of the State's attorney of
22 the county to which such cause is taken by change of venue to
23 assist in the trial thereof.
24 For each case of forfeited recognizance where the
25 forfeiture is set aside at the instance of the defense, in
26 addition to the ordinary costs, $10 for each defendant.
27 For each proceeding in a circuit court to inquire into
28 the alleged mental illness of any person, $10 for each
29 defendant.
30 For each proceeding in a circuit court to inquire into
31 the alleged dependency or delinquency of any child, $10.
32 For each day actually employed in the hearing of a case
33 of habeas corpus in which the people are interested, $25.
34 All the foregoing fees shall be taxed as costs to be
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1 collected from the defendant, if possible, upon conviction.
2 But in cases of inquiry into the mental illness of any person
3 alleged to be mentally ill, in cases on a charge of paternity
4 and in cases of appeal in the Supreme or Appellate Court,
5 where judgment is in favor of the accused, the fees allowed
6 the State's attorney therein shall be retained out of the
7 fines and forfeitures collected by them in other cases.
8 Ten per cent of all moneys except revenue, collected by
9 them and paid over to the authorities entitled thereto, which
10 per cent together with the fees provided for herein that are
11 not collected from the parties tried or examined, shall be
12 paid out of any fines and forfeited recognizances collected
13 by them, provided however, that in proceedings to foreclose
14 the lien of delinquent real estate taxes State's attorneys
15 shall receive a fee, to be credited to the earnings of their
16 office, of 10% of the total amount realized from the sale of
17 real estate sold in such proceedings. Such fees shall be
18 paid from the total amount realized from the sale of the real
19 estate sold in such proceedings.
20 State's attorneys shall have a lien for their fees on all
21 judgments for fines or forfeitures procured by them and on
22 moneys except revenue received by them until such fees and
23 earnings are fully paid.
24 No fees shall be charged on more than 10 counts in any
25 one indictment or information on trial and conviction; nor on
26 more than 10 counts against any one defendant on pleas of
27 guilty.
28 The Circuit Court may direct that of all monies received,
29 by restitution or otherwise, which monies are ordered paid to
30 the Department of Public Aid or the Department of Human
31 Services (acting as successor to the Department of Public Aid
32 under the Department of Human Services Act) as a direct
33 result of the efforts of the State's attorney and which
34 payments arise from Civil or Criminal prosecutions involving
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1 the Illinois Public Aid Code or the Criminal Code, the
2 following amounts shall be paid quarterly by the Department
3 of Public Aid or the Department of Human Services to the
4 General Corporate Fund of the County in which the prosecution
5 or cause of action took place:
6 (1) where the monies result from child support
7 obligations, not more than 25% of the federal share of
8 the monies received,
9 (2) where the monies result from other than child
10 support obligations, not more than 25% of the State's
11 share of the monies received.
12 (b) A municipality shall be entitled to a $10
13 prosecution fee for each conviction for a violation of The
14 Illinois Vehicle Code prosecuted by the municipal attorney
15 pursuant to Section 16-102 of that Code which is tried before
16 a circuit or associate judge and shall be entitled to a $10
17 prosecution fee for each conviction for a violation of a
18 municipal vehicle ordinance or nontraffic ordinance
19 prosecuted by the municipal attorney which is tried before a
20 circuit or associate judge. Such fee shall be taxed as costs
21 to be collected from the defendant, if possible, upon
22 conviction. A municipality shall have a lien for such
23 prosecution fees on all judgments or fines procured by the
24 municipal attorney from prosecutions for violations of The
25 Illinois Vehicle Code and municipal vehicle ordinances or
26 nontraffic ordinances.
27 For the purposes of this subsection (b), "municipal
28 vehicle ordinance" means any ordinance enacted pursuant to
29 Sections 11-40-1, 11-40-2, 11-40-2a and 11-40-3 of the
30 Illinois Municipal Code or any ordinance enacted by a
31 municipality which is similar to a provision of Chapter 11 of
32 The Illinois Vehicle Code.
33 (Source: P.A. 88-572, eff. 8-11-94; 89-507, eff. 7-1-97.)
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1 (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
2 Sec. 4-2002.1. State's attorney fees in counties of
3 800,000 3,000,000 or more population. This Section applies
4 only to counties with 800,000 3,000,000 or more inhabitants.
5 (a) State's attorneys shall be entitled to the following
6 fees:
7 For each conviction in prosecutions on indictments for
8 first degree murder, second degree murder, involuntary
9 manslaughter, criminal sexual assault, aggravated criminal
10 sexual assault, aggravated criminal sexual abuse, kidnapping,
11 arson and forgery, $60. All other cases punishable by
12 imprisonment in the penitentiary, $60.
13 For each conviction in other cases tried before judges of
14 the circuit court, $30; except that if the conviction is in a
15 case which may be assigned to an associate judge, whether or
16 not it is in fact assigned to an associate judge, the fee
17 shall be $20.
18 For preliminary examinations for each defendant held to
19 bail or recognizance, $20.
20 For each examination of a party bound over to keep the
21 peace, $20.
22 For each defendant held to answer in a circuit court on a
23 charge of paternity, $20.
24 For each trial on a charge of paternity, $60.
25 For each case of appeal taken from his county or from the
26 county to which a change of venue is taken to his county to
27 the Supreme or Appellate Court when prosecuted or defended by
28 him, $100.
29 For each day actually employed in the trial of a case,
30 $50; in which case the court before whom the case is tried
31 shall make an order specifying the number of days for which a
32 per diem shall be allowed.
33 For each day actually employed in the trial of cases of
34 felony arising in their respective counties and taken by
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1 change of venue to another county, $50; and the court before
2 whom the case is tried shall make an order specifying the
3 number of days for which said per diem shall be allowed; and
4 it is hereby made the duty of each State's attorney to
5 prepare and try each case of felony arising when so taken by
6 change of venue.
7 For assisting in a trial of each case on an indictment
8 for felony brought by change of venue to their respective
9 counties, the same fees they would be entitled to if such
10 indictment had been found for an offense committed in his
11 county, and it shall be the duty of the State's attorney of
12 the county to which such cause is taken by change of venue to
13 assist in the trial thereof.
14 For each case of forfeited recognizance where the
15 forfeiture is set aside at the instance of the defense, in
16 addition to the ordinary costs, $20 for each defendant.
17 For each proceeding in a circuit court to inquire into
18 the alleged mental illness of any person, $20 for each
19 defendant.
20 For each proceeding in a circuit court to inquire into
21 the alleged dependency or delinquency of any child, $20.
22 For each day actually employed in the hearing of a case
23 of habeas corpus in which the people are interested, $50.
24 All the foregoing fees shall be taxed as costs to be
25 collected from the defendant, if possible, upon conviction.
26 But in cases of inquiry into the mental illness of any person
27 alleged to be mentally ill, in cases on a charge of paternity
28 and in cases of appeal in the Supreme or Appellate Court,
29 where judgment is in favor of the accused, the fees allowed
30 the State's attorney therein shall be retained out of the
31 fines and forfeitures collected by them in other cases.
32 Ten per cent of all moneys except revenue, collected by
33 them and paid over to the authorities entitled thereto, which
34 per cent together with the fees provided for herein that are
-7- LRB9105128MWpc
1 not collected from the parties tried or examined, shall be
2 paid out of any fines and forfeited recognizances collected
3 by them, provided however, that in proceedings to foreclose
4 the lien of delinquent real estate taxes State's attorneys
5 shall receive a fee, to be credited to the earnings of their
6 office, of 10% of the total amount realized from the sale of
7 real estate sold in such proceedings. Such fees shall be paid
8 from the total amount realized from the sale of the real
9 estate sold in such proceedings.
10 State's attorneys shall have a lien for their fees on all
11 judgments for fines or forfeitures procured by them and on
12 moneys except revenue received by them until such fees and
13 earnings are fully paid.
14 No fees shall be charged on more than 10 counts in any
15 one indictment or information on trial and conviction; nor on
16 more than 10 counts against any one defendant on pleas of
17 guilty.
18 The Circuit Court may direct that of all monies received,
19 by restitution or otherwise, which monies are ordered paid to
20 the Department of Public Aid or the Department of Human
21 Services (acting as successor to the Department of Public Aid
22 under the Department of Human Services Act) as a direct
23 result of the efforts of the State's attorney and which
24 payments arise from Civil or Criminal prosecutions involving
25 the Illinois Public Aid Code or the Criminal Code, the
26 following amounts shall be paid quarterly by the Department
27 of Public Aid or the Department of Human Services to the
28 General Corporate Fund of the County in which the prosecution
29 or cause of action took place:
30 (1) where the monies result from child support
31 obligations, not less than 25% of the federal share of
32 the monies received,
33 (2) where the monies result from other than child
34 support obligations, not less than 25% of the State's
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1 share of the monies received.
2 (b) A municipality shall be entitled to a $10
3 prosecution fee for each conviction for a violation of the
4 Illinois Vehicle Code prosecuted by the municipal attorney
5 pursuant to Section 16-102 of that Code which is tried before
6 a circuit or associate judge and shall be entitled to a $10
7 prosecution fee for each conviction for a violation of a
8 municipal vehicle ordinance prosecuted by the municipal
9 attorney which is tried before a circuit or associate judge.
10 Such fee shall be taxed as costs to be collected from the
11 defendant, if possible, upon conviction. A municipality
12 shall have a lien for such prosecution fees on all judgments
13 or fines procured by the municipal attorney from prosecutions
14 for violations of the Illinois Vehicle Code and municipal
15 vehicle ordinances.
16 For the purposes of this subsection (b), "municipal
17 vehicle ordinance" means any ordinance enacted pursuant to
18 Sections 11-40-1, 11-40-2, 11-40-2a and 11-40-3 of the
19 Illinois Municipal Code or any ordinance enacted by a
20 municipality which is similar to a provision of Chapter 11 of
21 the Illinois Vehicle Code.
22 (Source: P.A. 89-507, eff. 7-1-97.)