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Public Act 098-0331 | ||||
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AN ACT concerning government.
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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 Counties Code is amended by changing Section | ||||
5-1101 as follows: | ||||
(55 ILCS 5/5-1101) (from Ch. 34, par. 5-1101)
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Sec. 5-1101. Additional fees to finance court system.
A | ||||
county board may enact by ordinance or resolution the following | ||||
fees:
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(a) A $5 fee to be paid by the defendant on a judgment of | ||||
guilty or a grant
of supervision for violation of the Illinois | ||||
Vehicle Code other than Section
11-501 or violations of similar | ||||
provisions contained in county or municipal
ordinances | ||||
committed in the county, and up to a $30 fee to be paid by the
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defendant on a judgment of guilty or a grant of supervision for | ||||
violation of
Section 11-501 of the Illinois Vehicle Code or a | ||||
violation of a similar
provision contained in county or | ||||
municipal ordinances committed in the county.
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(b) In the case of a county having a population of | ||||
1,000,000 or less,
a $5 fee to be collected in all civil cases | ||||
by the clerk of the circuit court.
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(c) A fee to be paid by the defendant on a judgment of | ||||
guilty or a grant of
supervision, as follows:
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(1) for a felony, $50;
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(2) for a class A misdemeanor, $25;
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(3) for a class B or class C misdemeanor, $15;
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(4) for a petty offense, $10;
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(5) for a business offense, $10.
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(d) A $100 fee for the second and subsequent violations of | ||
Section
11-501 of the Illinois Vehicle Code or violations of | ||
similar provisions
contained in county or municipal ordinances | ||
committed in the county. The
proceeds of this fee shall be | ||
placed in the county general fund and used to
finance education | ||
programs related to driving under the influence of alcohol or
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drugs.
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(d-5) A $10 fee to be paid by the defendant on a judgment | ||
of guilty or a grant of supervision under Section 5-9-1 of the | ||
Unified Code of Corrections to be placed in the county general | ||
fund and used to finance the county mental health court, the | ||
county drug court, the Veterans and Servicemembers Court, or | ||
any or all of the above. | ||
(e) In each county in which a teen court, peer court, peer | ||
jury, youth
court, or
other
youth diversion program has been | ||
created, a county may adopt a mandatory fee
of up to $5 to be | ||
assessed as provided in this subsection. Assessments
collected
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by the clerk of the circuit court pursuant to this subsection | ||
must be deposited
into an
account specifically for the | ||
operation and administration of a teen court, peer
court, peer | ||
jury, youth court, or other youth diversion program. The clerk |
of
the
circuit court shall collect the fees established in this | ||
subsection and must
remit the
fees to the teen court, peer | ||
court, peer jury, youth court, or other youth
diversion
program | ||
monthly, less 5%, which is to be retained as fee income to the | ||
office
of
the clerk of the circuit court. The fees are to be | ||
paid as follows:
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(1) a fee of up to $5 paid by the defendant on a | ||
judgment of guilty or
grant of supervision for violation of | ||
the Illinois Vehicle Code or violations
of similar | ||
provisions contained in county or municipal ordinances | ||
committed in
the
county;
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(2) a fee of up to $5 paid by the defendant on a | ||
judgment of guilty or
grant of supervision under Section | ||
5-9-1 of the Unified Code of Corrections for
a
felony; for | ||
a Class A, Class B, or Class C misdemeanor; for a petty | ||
offense;
and
for a business offense.
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(f) In each county in which a drug court has been created, | ||
the county may adopt a mandatory fee of up to $5 to be assessed | ||
as provided in this subsection. Assessments collected by the | ||
clerk of the circuit court pursuant to this subsection must be | ||
deposited into an account specifically for the operation and | ||
administration of the drug court. The clerk of the circuit | ||
court shall collect the fees established in this subsection and | ||
must remit the fees to the drug court, less 5%, which is to be | ||
retained as fee income to the office of the clerk of the | ||
circuit court. The fees are to be paid as follows: |
(1) a fee of up to $5 paid by the defendant on a | ||
judgment of guilty or grant of supervision for a violation | ||
of the Illinois Vehicle Code or a violation of a similar | ||
provision contained in a county or municipal ordinance | ||
committed in the county; or | ||
(2) a fee of up to $5 paid by the defendant on a | ||
judgment of guilty or a grant of supervision under Section | ||
5-9-1 of the Unified Code of Corrections for a felony; for | ||
a Class A, Class B, or Class C misdemeanor; for a petty | ||
offense; and for a business offense. | ||
The clerk of the circuit court shall deposit the 5% | ||
retained under this subsection into the Circuit Court Clerk | ||
Operation and Administrative Fund to be used to defray the | ||
costs of collection and disbursement of the drug court fee. | ||
(f-5) In each county in which a Children's Advocacy Center | ||
provides services, the county board may adopt a mandatory fee | ||
of between $5 and $30 to be paid by the defendant on a judgment | ||
of guilty or a grant of supervision under Section 5-9-1 of the | ||
Unified Code of Corrections for a felony; for a Class A, Class | ||
B, or Class C misdemeanor; for a petty offense; and for a | ||
business offense. Assessments shall be collected by the clerk | ||
of the circuit court and must be deposited into an account | ||
specifically for the operation and administration of the | ||
Children's Advocacy Center. The clerk of the circuit court | ||
shall collect the fees as provided in this subsection, and must | ||
remit the fees to the Children's Advocacy Center.
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(f-10) In each county in which the Court Appointed Special | ||
Advocates provide services, the county board may, in addition | ||
to any fine imposed under Section 5-9-1 of the Unified Code of | ||
Corrections, adopt a mandatory fee of between $10 and $30 to be | ||
paid by the defendant on a judgment of guilty or a grant of | ||
supervision for a felony; for a Class A, Class B, or Class C | ||
misdemeanor; for a petty offense; and for a business offense; | ||
where a court appearance is required. Assessments shall be | ||
collected by the clerk of the circuit court and must be | ||
deposited into an account specifically for the operations of | ||
the Court Appointed Special Advocates. The clerk of the circuit | ||
court shall collect the fees as provided in this subsection and | ||
must remit the fees to the Court Appointed Special Advocates | ||
Fund that the county board shall create for the receipt of | ||
funds collected under this subsection, and from which the | ||
county board shall make grants to support the activities and | ||
services of the Court Appointed Special Advocates within that | ||
county. The term "Court Appointed Special Advocates" is | ||
copyrighted and is used with permission of the holder of the | ||
copyright. | ||
(g) The proceeds of all fees enacted under this Section | ||
must, except as
provided in subsections (d), (d-5),
(e), and | ||
(f), and (f-10) be placed
in the
county general fund and used | ||
to
finance the court system in the county, unless the fee is | ||
subject to
disbursement by the circuit clerk as provided under | ||
Section 27.5 of the Clerks
of Courts Act.
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(Source: P.A. 95-103, eff. 1-1-08; 95-331, eff. 8-21-07; | ||
96-328, eff. 8-11-09; 96-924, eff. 6-14-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |