State of Illinois
92nd General Assembly
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92_SB0687sam001

 










                                             LRB9207547RCcdam

 1                    AMENDMENT TO SENATE BILL 687

 2        AMENDMENT NO.     .  Amend Senate Bill 687 as follows:

 3    on page 1, line 5, by changing "Section  27.2"  to  "Sections
 4    27.2, 27.3, 27.5, and 27.6"; and

 5    on page 13, by inserting below line 16 the following:

 6        "(705 ILCS 105/27.3) (from Ch. 25, par. 27.3)
 7        Sec. 27.3.  Compensation.
 8        (a)  The  county  board shall provide the compensation of
 9    Clerks of the Circuit Court, and  the  amount  necessary  for
10    clerk  hire,  stationery, fuel and other expenses.  Beginning
11    December 1, 1989, the compensation per annum  for  Clerks  of
12    the Circuit Court shall be as follows:
13        In counties where the population is:
14    Less than 14,000......................       at least $13,500
15    14,001-30,000.........................       at least $14,500
16    30,001-60,000.........................       at least $15,000
17    60,001-100,000........................       at least $15,000
18    100,001-200,000.......................       at least $16,500
19    200,001-300,000.......................       at least $18,000
20    300,001- 3,000,000....................       at least $20,000
21    Over 3,000,000........................       at least $55,000
22        (b)  In  counties in which the population is 3,000,000 or
 
                            -2-              LRB9207547RCcdam
 1    less, "base salary" is the compensation paid for  each  Clerk
 2    of the Circuit Court, respectively, before July 1, 1989.
 3        (c)  The  Clerks  of  the  Circuit  Court, in counties in
 4    which  the  population  is  3,000,000  or  less,   shall   be
 5    compensated as follows:
 6             (1)  Beginning December 1, 1989, base salary plus at
 7        least 3% of base salary.
 8             (2)  Beginning December 1, 1990, base salary plus at
 9        least 6% of base salary.
10             (3)  Beginning December 1, 1991, base salary plus at
11        least 9% of base salary.
12             (4)  Beginning December 1, 1992, base salary plus at
13        least 12% of base salary.
14        (d)  In  addition  to  the  compensation  provided by the
15    county board, each Clerk of the Circuit Court  shall  receive
16    an  award from the State for the additional duties imposed by
17    Sections  5-9-1  and  5-9-1.2  of   the   Unified   Code   of
18    Corrections,   Section   10  of  the  Violent  Crime  Victims
19    Assistance Act, Section 16-104a of the Illinois Vehicle Code,
20    and other laws, in the following amount:
21        (1)  $3,500 per year before January 1, 1997.
22        (2)  $4,500 per year beginning January 1, 1997.
23        (3)  $5,500 per year beginning January 1, 1998.
24        (4)  $6,500 per year beginning January 1, 1999.
25    The  total  amount  required  for  such   awards   shall   be
26    appropriated each year by the General Assembly to the Supreme
27    Court,  which shall distribute such awards in annual lump sum
28    payments to the Clerks of the Circuit Court in all  counties.
29    This annual award, and any other award or stipend paid out of
30    State  funds  to  the  Clerks of the Circuit Court, shall not
31    affect any other compensation provided by law to be  paid  to
32    Clerks of the Circuit Court.
33        (e)  Also in addition to the compensation provided by the
34    county  board,  Clerks  of  the  Circuit Court in counties in
 
                            -3-              LRB9207547RCcdam
 1    which one or more State correctional institutions are located
 2    shall receive a minimum reimbursement in the amount of $2,500
 3    $10,000 per year for administrative assistance  one  employee
 4    to perform services in connection with the State correctional
 5    institution,  payable  monthly from the State Treasury to the
 6    treasurer of the county in  which  the  additional  staff  is
 7    employed.   Counties  whose  State  correctional  institution
 8    inmate population exceeds 250 shall receive reimbursement  in
 9    the  amount  of  $2,500 per 250 inmates.  This subsection (e)
10    shall not apply to staff added before November 29, 1990.
11        For purposes of this subsection (e), "State  correctional
12    institution"   means   any  facility  of  the  Department  of
13    Corrections, including without limitation  adult  facilities,
14    juvenile    facilities,    pre-release   centers,   community
15    correction centers, and work camps.
16        (f)  No county board may reduce or otherwise  impair  the
17    compensation  payable  from  county  funds  to a Clerk of the
18    Circuit Court if the reduction or impairment is the result of
19    the Clerk of the Circuit Court receiving an award or  stipend
20    payable from State funds.
21    (Source: P.A. 90-95, eff. 7-11-97.)

22        (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
23        Sec. 27.5.  All fees, fines, costs, additional penalties,
24    bail  balances  assessed  or  forfeited, and any other amount
25    paid by a person to the circuit clerk that equals  an  amount
26    less  than $55, except restitution under Section 5-5-6 of the
27    Unified Code of Corrections, reimbursement for the  costs  of
28    an  emergency response as provided under Section 5-5-3 of the
29    Unified Code of Corrections, any fees collected for attending
30    a traffic safety program under paragraph (c) of Supreme Court
31    Rule 529, any fee collected on behalf of a  State's  Attorney
32    under  Section 4-2002 of the Counties Code or a sheriff under
33    Section 4-5001 of the Counties  Code,  or  any  cost  imposed
 
                            -4-              LRB9207547RCcdam
 1    under  Section  124A-5  of  the Code of Criminal Procedure of
 2    1963, for convictions, orders of supervision,  or  any  other
 3    disposition  for  a violation of Chapters 3, 4, 6, 11, and 12
 4    of the Illinois Vehicle Code, or a  similar  provision  of  a
 5    local  ordinance,  and  any  violation of the Child Passenger
 6    Protection Act, or a similar provision of a local  ordinance,
 7    fees  collected  for  electronic  monitoring, drug or alcohol
 8    testing  and  screening,  probation  fees  authorized   under
 9    Section  5-6-3  of  the  Unified  Code  of  Corrections,  and
10    supervision  fees  authorized  under  Section  5-6-3.1 of the
11    Unified Code of Corrections, shall  be  disbursed  within  60
12    days  after  receipt  by  the  circuit clerk as follows:  47%
13    shall be disbursed to the entity authorized by law to receive
14    the fine imposed in the case; 12% shall be disbursed  to  the
15    State  Treasurer;  and 41% shall be disbursed to the county's
16    general corporate fund. Of the 12%  disbursed  to  the  State
17    Treasurer, 1/6 shall be deposited by the State Treasurer into
18    the  Violent  Crime  Victims  Assistance  Fund,  1/2 shall be
19    deposited into the Traffic and Criminal Conviction  Surcharge
20    Fund,  and  1/3 shall be deposited into the Drivers Education
21    Fund.  For fiscal years 1992 and 1993, amounts deposited into
22    the Violent Crime Victims Assistance Fund,  the  Traffic  and
23    Criminal  Conviction Surcharge Fund, or the Drivers Education
24    Fund shall not exceed 110%  of  the  amounts  deposited  into
25    those funds in fiscal year 1991.  Any amount that exceeds the
26    110%  limit  shall  be  distributed as follows:  50% shall be
27    disbursed to the county's  general  corporate  fund  and  50%
28    shall be disbursed to the entity authorized by law to receive
29    the  fine imposed in the case. Not later than March 1 of each
30    year the circuit clerk shall submit a report of the amount of
31    funds remitted to the  State  Treasurer  under  this  Section
32    during the preceding year based upon independent verification
33    of  fines  and  fees.   All counties shall be subject to this
34    Section,  except  that  counties  with  a  population   under
 
                            -5-              LRB9207547RCcdam
 1    2,000,000  may, by ordinance, elect not to be subject to this
 2    Section.  For offenses subject to this Section, judges  shall
 3    impose  one  total  sum of money payable for violations.  The
 4    circuit clerk may add on no  additional  amounts  except  for
 5    amounts that are required by Sections 27.3a and 27.3c of this
 6    Act,  unless  those  amounts  are  specifically waived by the
 7    judge.  With respect to money collected by the circuit  clerk
 8    as  a  result  of  forfeiture  of  bail, ex parte judgment or
 9    guilty plea pursuant to Supreme Court Rule 529,  the  circuit
10    clerk shall first deduct and pay amounts required by Sections
11    27.3a  and  27.3c  of  this Act. This Section is a denial and
12    limitation of home rule powers and functions under subsection
13    (h) of Section 6 of Article VII of the Illinois Constitution.
14    (Source: P.A. 89-234, eff. 1-1-96.)

15        (705 ILCS 105/27.6)
16        Sec.  27.6.  (a)  All  fees,  fines,  costs,   additional
17    penalties, bail balances assessed or forfeited, and any other
18    amount  paid  by  a  person to the circuit clerk equalling an
19    amount of $55 or more, except the additional fee required  by
20    subsections  (b)  and (c), restitution under Section 5-5-6 of
21    the Unified Code of Corrections, reimbursement for the  costs
22    of  an  emergency response as provided under Section 5-5-3 of
23    the Unified Code  of  Corrections,  any  fees  collected  for
24    attending  a  traffic  safety  program under paragraph (c) of
25    Supreme Court Rule 529, any fee  collected  on  behalf  of  a
26    State's Attorney under Section 4-2002 of the Counties Code or
27    a  sheriff  under Section 4-5001 of the Counties Code, or any
28    cost imposed under Section 124A-5 of  the  Code  of  Criminal
29    Procedure of 1963, for convictions, orders of supervision, or
30    any  other  disposition  for a violation of Chapters 3, 4, 6,
31    11, and 12  of  the  Illinois  Vehicle  Code,  or  a  similar
32    provision  of  a  local  ordinance,  and any violation of the
33    Child Passenger Protection Act, or a similar provision  of  a
 
                            -6-              LRB9207547RCcdam
 1    local  ordinance,  fees  collected for electronic monitoring,
 2    drug  or  alcohol  testing  and  screening,  probation   fees
 3    authorized  under  Section  5-6-3  of  the  Unified  Code  of
 4    Corrections,  and  supervision  fees authorized under Section
 5    5-6-3.1  of  the  Unified  Code  of  Corrections,  shall   be
 6    disbursed  within  60 days after receipt by the circuit clerk
 7    as  follows:   44.5%  shall  be  disbursed  to   the   entity
 8    authorized  by  law  to receive the fine imposed in the case;
 9    16.825% shall  be  disbursed  to  the  State  Treasurer;  and
10    38.675%  shall be disbursed to the county's general corporate
11    fund. Of the 16.825% disbursed to the State  Treasurer,  2/17
12    shall  be  deposited  by the State Treasurer into the Violent
13    Crime Victims Assistance Fund, 5.052/17  shall  be  deposited
14    into the Traffic and Criminal Conviction Surcharge Fund, 3/17
15    shall  be  deposited  into  the  Drivers  Education Fund, and
16    6.948/17 shall be deposited into the Trauma Center  Fund.  Of
17    the  6.948/17  deposited into the Trauma Center Fund from the
18    16.825% disbursed  to  the  State  Treasurer,  50%  shall  be
19    disbursed to the Department of Public Health and 50% shall be
20    disbursed  to  the  Department of Public Aid. For fiscal year
21    1993,  amounts  deposited  into  the  Violent  Crime  Victims
22    Assistance  Fund,  the  Traffic   and   Criminal   Conviction
23    Surcharge  Fund,  or  the  Drivers  Education  Fund shall not
24    exceed 110% of the amounts  deposited  into  those  funds  in
25    fiscal  year  1991.   Any  amount that exceeds the 110% limit
26    shall be distributed as follows:  50% shall be  disbursed  to
27    the   county's  general  corporate  fund  and  50%  shall  be
28    disbursed to the entity authorized by law to receive the fine
29    imposed in the case. Not later than March 1 of each year  the
30    circuit  clerk  shall  submit a report of the amount of funds
31    remitted to the State Treasurer under this Section during the
32    preceding year based upon independent verification  of  fines
33    and  fees.   All  counties  shall be subject to this Section,
34    except that counties with a population under  2,000,000  may,
 
                            -7-              LRB9207547RCcdam
 1    by  ordinance,  elect not to be subject to this Section.  For
 2    offenses subject to this Section,  judges  shall  impose  one
 3    total sum of money payable for violations.  The circuit clerk
 4    may  add on no additional amounts except for amounts that are
 5    required by Sections 27.3a and  27.3c  of  this  Act,  unless
 6    those  amounts  are  specifically  waived by the judge.  With
 7    respect to money collected by the circuit clerk as  a  result
 8    of  forfeiture  of  bail,  ex  parte  judgment or guilty plea
 9    pursuant to Supreme Court Rule 529, the circuit  clerk  shall
10    first  deduct  and pay amounts required by Sections 27.3a and
11    27.3c of this Act. This Section is a denial and limitation of
12    home rule  powers  and  functions  under  subsection  (h)  of
13    Section 6 of Article VII of the Illinois Constitution.
14        (b)  In  addition  to  any  other  fines  and court costs
15    assessed by the courts, any person convicted or receiving  an
16    order  of  supervision  for  driving  under  the influence of
17    alcohol or drugs shall pay an additional fee of  $25  to  the
18    clerk  of  the  circuit court.  This amount, less 2 1/2% that
19    shall be used to defray administrative costs incurred by  the
20    clerk, shall be remitted by the clerk to the Treasurer within
21    60  days  after  receipt  for  deposit into the Trauma Center
22    Fund.  This additional fee of $25 shall not be  considered  a
23    part  of  the  fine for purposes of any reduction in the fine
24    for time served either before or after sentencing.  Not later
25    than March 1 of each year the Circuit Clerk  shall  submit  a
26    report of the amount of funds remitted to the State Treasurer
27    under this subsection during the preceding calendar year.
28        (c)  In  addition  to  any  other  fines  and court costs
29    assessed by the courts, any person convicted for a  violation
30    of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
31    1961  or  a  person sentenced for a violation of the Cannabis
32    Control Act or the Controlled  Substance  Act  shall  pay  an
33    additional  fee  of  $100  to the clerk of the circuit court.
34    This amount, less  2  1/2%  that  shall  be  used  to  defray
 
                            -8-              LRB9207547RCcdam
 1    administrative costs incurred by the clerk, shall be remitted
 2    by  the  clerk  to the Treasurer within 60 days after receipt
 3    for deposit into the Trauma Center Fund.  This additional fee
 4    of $100 shall not be  considered  a  part  of  the  fine  for
 5    purposes  of any reduction in the fine for time served either
 6    before or after sentencing.  Not later than March 1  of  each
 7    year the Circuit Clerk shall submit a report of the amount of
 8    funds  remitted  to the State Treasurer under this subsection
 9    during the preceding calendar year.
10    (Source: P.A.  89-105,  eff.  1-1-96;  89-234,  eff.  1-1-96;
11    89-516, eff. 7-18-96; 89-626, eff. 8-9-96.)".

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