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Public Act 102-0620


 

Public Act 0620 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0620
 
SB0626 EnrolledLRB102 14033 LNS 19385 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal and Traffic Assessment Act is
amended by changing Section 5-20 as follows:
 
    (705 ILCS 135/5-20)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-20. Credit; time served; community service.
    (a) Any credit for time served prior to sentencing that
reduces the amount a defendant is required to pay shall be
deducted from the fine, if any, ordered by the court.
    (b) Excluding any ordered conditional assessment, a
defendant who has been ordered to pay an assessment may
petition the court to convert all or part of the assessment
into court-approved public or community service. The period of
public service necessary to satisfy the assessment shall be
set by the court, but in no event shall the hourly rate of the
public or community service performed by the defendant be
equivalent to less than the minimum wage of this State. The
court may adjust the hourly rate of public or community
service in accordance with this amendatory Act of the 102nd
General Assembly for any mandatory assessments imposed between
July 1, 2019 and the effective date of this amendatory Act of
the 102nd General Assembly. One hour of public or community
service shall be equivalent to $4 of assessment. The
performance of this public or community service may shall be a
condition of probation, conditional discharge, or supervision
and shall be in addition to the performance of any other period
of public or community service ordered by the court or
required by law.
(Source: P.A. 100-987, eff. 7-1-19; 101-408, eff. 1-1-20.)
 
    Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 124A-20 as follows:
 
    (725 ILCS 5/124A-20)
    Sec. 124A-20. Assessment waiver.
    (a) As used in this Section:
    "Assessments" means any costs imposed on a criminal
defendant under Article 15 of the Criminal and Traffic
Assessment Act, but does not include violation of the Illinois
Vehicle Code assessments except as provided in subsection
(a-5).
    "Indigent person" means any person who meets one or more
of the following criteria:
        (1) He or she is receiving assistance under one or
    more of the following means-based governmental public
    benefits programs: Supplemental Security Income; Aid to
    the Aged, Blind and Disabled; Temporary Assistance for
    Needy Families; Supplemental Nutrition Assistance Program;
    General Assistance; Transitional Assistance; or State
    Children and Family Assistance.
        (2) His or her available personal income is 200% or
    less of the current poverty level, unless the applicant's
    assets that are not exempt under Part 9 or 10 of Article
    XII of the Code of Civil Procedure are of a nature and
    value that the court determines that the applicant is able
    to pay the assessments.
        (3) He or she is, in the discretion of the court,
    unable to proceed in an action with payment of assessments
    and whose payment of those assessments would result in
    substantial hardship to the person or his or her family.
    "Poverty level" means the current poverty level as
established by the United States Department of Health and
Human Services.
    (a-5) In a county having a population of more than
3,000,000, "assessments" means any costs imposed on a criminal
defendant under Article 15 of the Criminal and Traffic
Assessment Act, including violation of the Illinois Vehicle
Code assessments. This subsection is inoperative on and after
July 1, 2024.
    (b) For criminal offenses reflected in Schedules 1, 3, 4,
5, 7, and 8 of Article 15 of the Criminal and Traffic
Assessment Act, upon Upon the application of any defendant,
after the commencement of an action, but no later than 30 days
after sentencing:
        (1) If the court finds that the applicant is an
    indigent person, the court shall grant the applicant a
    full assessment waiver exempting him or her from the
    payment of any assessments.
        (2) The court shall grant the applicant a partial
    assessment as follows:
            (A) 75% of all assessments shall be waived if the
        applicant's available income is greater than 200% but
        no more than 250% of the poverty level, unless the
        applicant's assets that are not exempt under Part 9 or
        10 of Article XII of the Code of Civil Procedure are
        such that the applicant is able, without undue
        hardship, to pay the total assessments.
            (B) 50% of all assessments shall be waived if the
        applicant's available income is greater than 250% but
        no more than 300% of the poverty level, unless the
        applicant's assets that are not exempt under Part 9 or
        10 of Article XII of the Code of Civil Procedure are
        such that the court determines that the applicant is
        able, without undue hardship, to pay a greater portion
        of the assessments.
            (C) 25% of all assessments shall be waived if the
        applicant's available income is greater than 300% but
        no more than 400% of the poverty level, unless the
        applicant's assets that are not exempt under Part 9 or
        10 of Article XII of the Code of Civil Procedure are
        such that the court determines that the applicant is
        able, without undue hardship, to pay a greater portion
        of the assessments.
    (b-5) For traffic and petty offenses reflected in
Schedules 2, 6, 9, 10, and 13 of Article 15 of the Criminal and
Traffic Assessment Act, upon the application of any defendant,
after the commencement of an action, but no later than 30 days
after sentencing, the court shall grant the applicant a
partial assessment as follows:
        (1) 50% of all assessments shall be waived if the
    court finds that the applicant is an indigent person or if
    the applicant's available income is not greater than 200%
    of the poverty level, unless the applicant's assets that
    are not exempt under Part 9 or 10 of Article XII of the
    Code of Civil Procedure are such that the applicant is
    able, without undue hardship, to pay the total
    assessments.
        (2) 37.5% of all assessments shall be waived if the
    applicant's available income is greater than 200% but no
    more than 250% of the poverty level, unless the
    applicant's assets that are not exempt under Part 9 or 10
    of Article XII of the Code of Civil Procedure are such that
    the applicant is able, without undue hardship, to pay the
    total assessments.
        (3) 25% of all assessments shall be waived if the
    applicant's available income is greater than 250% but no
    more than 300% of the poverty level, unless the
    applicant's assets that are not exempt under Part 9 or 10
    of Article XII of the Code of Civil Procedure are such that
    the court determines that the applicant is able, without
    undue hardship, to pay a greater portion of the
    assessments.
        (4) 12.5% of all assessments shall be waived if the
    applicant's available income is greater than 300% but no
    more than 400% of the poverty level, unless the
    applicant's assets that are not exempt under Part 9 or 10
    of Article XII of the Code of Civil Procedure are such that
    the court determines that the applicant is able, without
    undue hardship, to pay a greater portion of the
    assessments.
    (c) An application for a waiver of assessments shall be in
writing, signed by the defendant or, if the defendant is a
minor, by another person having knowledge of the facts, and
filed no later than 30 days after sentencing. The contents of
the application for a waiver of assessments, and the procedure
for deciding the applications, shall be established by Supreme
Court Rule. Factors to consider in evaluating an application
shall include:
        (1) the applicant's receipt of needs based
    governmental public benefits, including Supplemental
    Security Income (SSI); Aid to the Aged, Blind and Disabled
    (AABD ADBD); Temporary Assistance for Needy Families
    (TANF); Supplemental Nutrition Assistance Program (SNAP or
    "food stamps"); General Assistance; Transitional
    Assistance; or State Children and Family Assistance;
        (2) the employment status of the applicant and amount
    of monthly income, if any;
        (3) income received from the applicant's pension,
    Social Security benefits, unemployment benefits, and other
    sources;
        (4) income received by the applicant from other
    household members;
        (5) the applicant's monthly expenses, including rent,
    home mortgage, other mortgage, utilities, food, medical,
    vehicle, childcare, debts, child support, and other
    expenses; and
        (6) financial affidavits or other similar supporting
    documentation provided by the applicant showing that
    payment of the imposed assessments would result in
    substantial hardship to the applicant or the applicant's
    family.
    (d) The clerk of court shall provide the application for a
waiver of assessments to any defendant who indicates an
inability to pay the assessments. The clerk of the court shall
post in a conspicuous place in the courthouse a notice, no
smaller than 8.5 x 11 inches and using no smaller than 30-point
typeface printed in English and in Spanish, advising criminal
defendants they may ask the court for a waiver of any court
ordered assessments. The notice shall be substantially as
follows:
        "If you are unable to pay the required assessments,
    you may ask the court to waive payment of them. Ask the
    clerk of the court for forms."
    (e) For good cause shown, the court may allow an applicant
whose application is denied or who receives a partial
assessment waiver to defer payment of the assessments, make
installment payments, or make payment upon reasonable terms
and conditions stated in the order.
    (f) Nothing in this Section shall be construed to affect
the right of a party to court-appointed counsel, as authorized
by any other provision of law or by the rules of the Illinois
Supreme Court.
    (g) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 100-987, eff. 7-1-19; revised 8-28-20.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/27/2021