State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 002 ]


92_SB2074

 
                                               LRB9213766RCdv

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Code  of Criminal Procedure of 1963 is
 5    amended by changing Section 124A-10 as follows:

 6        (725 ILCS 5/124A-10)
 7        Sec. 124A-10.  Lien. The property, real and personal,  of
 8    a person who is convicted of an offense shall be bound, and a
 9    lien  is  created on the property, both real and personal, of
10    every offender, not exempt from the enforcement of a judgment
11    or attachment, from the time of  finding  the  indictment  at
12    least  so far as will be sufficient to pay the fine and costs
13    of  prosecution.  The  clerk  of  the  court  in  which   the
14    conviction  is had shall upon the expiration of 30 days after
15    judgment is entered issue a certified copy  of  the  judgment
16    for any fine that remains unpaid, and all costs of conviction
17    remaining  unpaid. Unless a court ordered payment schedule is
18    implemented, the clerk of the court may add to any judgment a
19    delinquency amount equal to 5% of the unpaid fines  and  cost
20    that remain unpaid after 30 days, 10% of the unpaid fines and
21    costs that remain unpaid after 60 days, and 15% of the unpaid
22    fines  and costs that remain unpaid after 90 days.  The clerk
23    of the court may also after a period of 90  days  release  to
24    credit   reporting  agencies,  information  regarding  unpaid
25    amounts. The certified copy of the judgment shall  state  the
26    day  on which the arrest was made or indictment found, as the
27    case may be. Enforcement of the judgment may be  directed  to
28    the  proper  officer of any county in this State. The officer
29    to whom the certified copy of the judgment is delivered shall
30    levy the judgment upon all the estate, real and personal,  of
31    the  defendant (not exempt from enforcement) possessed by him
 
                            -2-                LRB9213766RCdv
 1    or her on the day of the arrest or finding the indictment, as
 2    stated in the certified copy of the  judgment  and  any  such
 3    property  subsequently  acquired;  and the property so levied
 4    upon shall be advertised and sold in the same  manner  as  in
 5    civil  cases, with the like rights to all parties that may be
 6    interested in the property. It is not  an  objection  to  the
 7    selling of any property under the judgment that the defendant
 8    is in custody for the fine or costs, or both.
 9    (Source: P.A. 89-234, eff. 1-1-96.)

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