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Public Act 095-0514
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| SB1545 Enrolled |
LRB095 10675 RLC 30906 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by |
changing Section 5-9-3 as follows:
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(730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
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Sec. 5-9-3. Default.
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(a) An offender who defaults in the payment of a fine or
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any
installment of that fine may be held in contempt and |
imprisoned for nonpayment. The
court may issue a summons for |
his appearance or a warrant of arrest.
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(b) Unless the offender shows that his default was not due |
to his
intentional refusal to pay, or not due to a failure on |
his part to make a
good faith effort to pay, the court may |
order the offender imprisoned for a
term not to exceed 6 months |
if the fine was for a felony, or 30 days if the
fine was for a |
misdemeanor, a petty offense or a business offense. Payment
of |
the fine at any time will entitle the offender to be released, |
but
imprisonment under this Section shall not satisfy the |
payment of the fine.
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(c) If it appears that the default in the payment of a fine |
is not
intentional under paragraph (b) of this Section, the |
court may enter an
order allowing the offender additional time |
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for payment, reducing the
amount of the fine or of each |
installment, or revoking the fine or the
unpaid portion.
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(d) When a fine is imposed on a corporation or |
unincorporated
organization or association, it is the duty of |
the person or persons
authorized to make disbursement of |
assets, and their superiors, to pay the
fine from assets of the |
corporation or unincorporated organization or
association. The |
failure of such persons to do so shall render them subject
to |
proceedings under paragraphs (a) and (b) of this Section.
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(e) A default in the payment of a fine, judgment order of |
forfeiture, order of restitution, or any installment thereof
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may be
collected by any and all means authorized for the |
collection of money judgments. The State's Attorney of the |
county in which the fine, judgment order of forfeiture, or |
order of restitution was imposed may retain
attorneys and |
private collection agents for the purpose of collecting any
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default in payment of any fine, judgment order of forfeiture, |
order of restitution, or installment thereof
of that fine. The |
fees and
costs incurred by the State's Attorney in any such |
collection and the fees
and charges of attorneys and private |
collection agents retained by the State's Attorney for those |
purposes shall be charged to the offender.
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(Source: P.A. 93-693, eff. 1-1-05.)
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