Bill Amendment: IL HB4265 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CD CORR-FINES-DEFAULT-WARRANT

Status: 2019-01-08 - Session Sine Die [HB4265 Detail]

Download: Illinois-2017-HB4265-House_Amendment_001.html

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Rep. Mary E. Flowers

Filed: 11/15/2018

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AMENDMENT TO HOUSE BILL 4265
AMENDMENT NO. ______. Amend House Bill 4265 by replacing
everything after the enacting clause with the following:
"Section 5. The Unified Code of Corrections is amended by
changing Section 5-9-3 as follows:
(730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
Sec. 5-9-3. Default.
(a) An offender who defaults in the payment of a fine or
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. No less than 30 days
before the issuance of a warrant under this subsection, a
notice shall be mailed to the offender by first class mail to
the most recent address which the offender has provided to the
court. The notice shall contain the following information:
(1) the amount of the fine which is due and owing;

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(2) the docket number of the case in which the fine was
assessed;
(3) the due date for payment of the fine;
(4) instructions as to how payment of the fine may be
made;
(5) an explanation that intentional refusal to pay the
fine may result in imprisonment; and
(6) instructions as to how the offender may request a
hearing to present evidence that the offender did not
intentionally refuse to pay the fine, and that failure to
pay was the result of the offender's inability to pay the
fine.
(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.
(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
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.
(e) A default in the payment of a fine, fee, cost, order of
restitution, judgment of bond forfeiture, judgment order of
forfeiture, or any installment thereof 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, fee,
cost, order of restitution, judgment of bond forfeiture, or
judgment order of forfeiture was imposed may retain attorneys
and private collection agents for the purpose of collecting any
default in payment of any fine, fee, cost, order of
restitution, judgment of bond forfeiture, judgment order of
forfeiture, or installment thereof. An additional fee of 30% of
the delinquent amount and each taxable court cost including,
without limitation, costs of service of process, shall be
charged to the offender for any amount of the fine, fee, cost,
restitution, or judgment of bond forfeiture or installment of
the fine, fee, cost, restitution, or judgment of bond
forfeiture that remains unpaid after the time fixed for payment
of the fine, fee, cost, restitution, or judgment of bond
forfeiture by the court. The additional fee shall be payable to

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the State's Attorney in order to compensate the State's
Attorney for costs incurred in collecting the delinquent
amount. The State's Attorney may enter into agreements
assigning any portion of the fee to the retained attorneys or
the private collection agent retained by the State's Attorney.
Any agreement between the State's Attorney and the retained
attorneys or collection agents shall require the approval of
the Circuit Clerk of that county. A default in payment of a
fine, fee, cost, restitution, or judgment of bond forfeiture
shall draw interest at the rate of 9% per annum.
(Source: P.A. 98-373, eff. 1-1-14.)".