97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0556
 
Introduced , by Rep. Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:

  
55 ILCS 5/4-2002.1 from Ch. 34, par. 4-2002.1

 Amends the Counties Code. Makes a technical change in a Section concerning
State's attorney fees in counties of 3,000,000 or more.



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A BILL FOR
 


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1 AN ACT concerning local government.


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


4 Section 5. The Counties Code is amended by changing Section 
54-2002.1 as follows:




6 (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)


7 Sec. 4-2002.1. State's attorney fees in counties of 
83,000,000 or more
population. This Section applies only to 
9counties with 3,000,000 or more
inhabitants.

10 (a) State's attorneys shall be entitled to the
the 
11following fees:
12 For each conviction in prosecutions on indictments for 
13first degree
murder, second degree murder, involuntary 
14manslaughter, criminal sexual
assault, aggravated criminal 
15sexual assault, aggravated criminal sexual
abuse, kidnapping, 
16arson and forgery, $60. All other cases punishable by

17imprisonment in the penitentiary, $60.

18 For each conviction in other cases tried before judges of 
19the circuit
court, $30; except that if the conviction is in a 
20case which may be
assigned to an associate judge, whether or 
21not it is in fact assigned to
an associate judge, the fee shall 
22be $20.

23 For preliminary examinations for each defendant held to 
 
 
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1bail or
recognizance, $20.

2 For each examination of a party bound over to keep the 
3peace, $20.

4 For each defendant held to answer in a circuit court on a 
5charge of
paternity, $20.

6 For each trial on a charge of paternity, $60.

7 For each case of appeal taken from his county or from the 
8county to
which a change of venue is taken to his county to the 
9Supreme or
Appellate Court when prosecuted or defended by him, 
10$100.

11 For each day actually employed in the trial of a case, $50; 
12in which
case the court before whom the case is tried shall 
13make an order
specifying the number of days for which a per 
14diem shall be allowed.

15 For each day actually employed in the trial of cases of 
16felony
arising in their respective counties and taken by change 
17of venue to
another county, $50; and the court before whom the 
18case is tried shall
make an order specifying the number of days 
19for which said per diem
shall be allowed; and it is hereby made 
20the duty of each State's
attorney to prepare and try each case 
21of felony arising when so taken by
change of venue.

22 For assisting in a trial of each case on an indictment for 
23felony
brought by change of venue to their respective counties, 
24the same fees
they would be entitled to if such indictment had 
25been found for an
offense committed in his county, and it shall 
26be the duty of the
State's attorney of the county to which such 
 
 
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1cause is taken by
change of venue to assist in the trial 
2thereof.

3 For each case of forfeited recognizance where the 
4forfeiture is set
aside at the instance of the defense, in 
5addition to the ordinary costs,
$20 for each defendant.

6 For each proceeding in a circuit court to inquire into the 
7alleged
mental illness of any person, $20 for each defendant.

8 For each proceeding in a circuit court to inquire into the 
9alleged
dependency or delinquency of any child, $20.

10 For each day actually employed in the hearing of a case of 
11habeas
corpus in which the people are interested, $50.

12 All the foregoing fees shall be taxed as costs to be 
13collected from
the defendant, if possible, upon conviction. But 
14in cases of inquiry
into the mental illness of any person 
15alleged to be mentally ill, in
cases on a charge of paternity 
16and in cases of appeal in the Supreme or
Appellate Court, where 
17judgment is in favor of the accused, the fees
allowed the 
18State's attorney therein shall be retained out of the fines
and 
19forfeitures collected by them in other cases.

20 Ten per cent of all moneys except revenue, collected by 
21them and paid
over to the authorities entitled thereto, which 
22per cent together with
the fees provided for herein that are 
23not collected from the parties
tried or examined, shall be paid 
24out of any fines and forfeited
recognizances collected by them, 
25provided however, that in proceedings
to foreclose the lien of 
26delinquent real estate taxes State's attorneys
shall receive a 
 
 
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1fee, to be credited to the earnings of their office, of 10%
of 
2the total amount realized from the sale of real estate sold in 
3such
proceedings. Such fees shall be paid from the total amount 
4realized from
the sale of the real estate sold in such 
5proceedings.

6 State's attorneys shall have a lien for their fees on all 
7judgments
for fines or forfeitures procured by them and on 
8moneys except revenue
received by them until such fees and 
9earnings are fully paid.

10 No fees shall be charged on more than 10 counts in any one 
11indictment
or information on trial and conviction; nor on more 
12than 10 counts
against any one defendant on pleas of guilty.

13 The Circuit Court may direct that of all monies received, 
14by
restitution or otherwise, which monies are ordered paid to 
15the
Department of Healthcare and Family Services (formerly 
16Department of Public Aid) or the Department of Human Services 
17(acting as
successor to the Department of Public Aid under the 
18Department of Human
Services Act) as a direct result of the 
19efforts
of the
State's attorney and which payments arise from 
20Civil or Criminal
prosecutions involving the Illinois Public 
21Aid Code or the Criminal Code,
the
following amounts shall be 
22paid quarterly by the Department of Healthcare and Family 
23Services or the Department of Human Services to the General 
24Corporate Fund of
the County in which the prosecution
or cause 
25of action took place:


26  (1) where the monies result from child support 
 
 
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1 obligations, not
less than 25% of the federal share of the 
2 monies received,


3  (2) where the monies result from other than child 
4 support
obligations, not less than 25% of the State's share 
5 of the monies received.

6 In addition to any other amounts to which State's Attorneys 
7are entitled under this Section, State's Attorneys are entitled 
8to $10 of the fine that is imposed under Section 5-9-1.17 of 
9the Unified Code of Corrections, as set forth in that Section. 
10 (b) A municipality shall be entitled to a $25 prosecution 
11fee for each
conviction for a violation of the Illinois Vehicle 
12Code prosecuted by the
municipal attorney pursuant to Section 
1316-102 of that Code which is tried
before a circuit or 
14associate judge and shall be entitled to a $25
prosecution fee 
15for each conviction for a violation of a municipal vehicle

16ordinance prosecuted by the municipal attorney which is tried 
17before a
circuit or associate judge. Such fee shall be taxed as 
18costs to be
collected from the defendant, if possible, upon 
19conviction. A municipality
shall have a lien for such 
20prosecution fees on all judgments or fines
procured by the 
21municipal attorney from prosecutions for violations of the

22Illinois Vehicle Code and municipal vehicle ordinances.

23 For the purposes of this subsection (b), "municipal vehicle 
24ordinance"
means any ordinance enacted pursuant to Sections 
2511-40-1, 11-40-2, 11-40-2a, and
11-40-3 of the Illinois 
26Municipal Code or any ordinance enacted by a
municipality which 
 
 
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1is similar to a provision of Chapter 11 of the Illinois
Vehicle 
2Code.

3(Source: P.A. 95-331, eff. 8-21-07; 96-707, eff. 1-1-10; 
496-1186, eff. 7-22-10.)