Bill Text: IL HB0830 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning protection of persons.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0373 [HB0830 Detail]
Download: Illinois-2013-HB0830-Engrossed.html
Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning protection of persons.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0373 [HB0830 Detail]
Download: Illinois-2013-HB0830-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 5-9-3 as follows:
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6 | (730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
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7 | Sec. 5-9-3. Default.
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8 | (a) An offender who defaults in the payment of a fine or
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9 | any
installment of that fine may be held in contempt and | ||||||
10 | imprisoned for nonpayment. The
court may issue a summons for | ||||||
11 | his appearance or a warrant of arrest.
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12 | (b) Unless the offender shows that his default was not due | ||||||
13 | to his
intentional refusal to pay, or not due to a failure on | ||||||
14 | his part to make a
good faith effort to pay, the court may | ||||||
15 | order the offender imprisoned for a
term not to exceed 6 months | ||||||
16 | if the fine was for a felony, or 30 days if the
fine was for a | ||||||
17 | misdemeanor, a petty offense or a business offense. Payment
of | ||||||
18 | the fine at any time will entitle the offender to be released, | ||||||
19 | but
imprisonment under this Section shall not satisfy the | ||||||
20 | payment of the fine.
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21 | (c) If it appears that the default in the payment of a fine | ||||||
22 | is not
intentional under paragraph (b) of this Section, the | ||||||
23 | court may enter an
order allowing the offender additional time |
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1 | for payment, reducing the
amount of the fine or of each | ||||||
2 | installment, or revoking the fine or the
unpaid portion.
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3 | (d) When a fine is imposed on a corporation or | ||||||
4 | unincorporated
organization or association, it is the duty of | ||||||
5 | the person or persons
authorized to make disbursement of | ||||||
6 | assets, and their superiors, to pay the
fine from assets of the | ||||||
7 | corporation or unincorporated organization or
association. The | ||||||
8 | failure of such persons to do so shall render them subject
to | ||||||
9 | proceedings under paragraphs (a) and (b) of this Section.
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10 | (e) A default in the payment of a fine, fee, cost, order of | ||||||
11 | restitution, judgment of bond forfeiture, judgment order of | ||||||
12 | forfeiture, or any installment thereof
may be
collected by any | ||||||
13 | and all means authorized for the collection of money judgments. | ||||||
14 | The State's Attorney of the county in which the fine, fee, | ||||||
15 | cost, order of restitution, judgment of bond forfeiture, or | ||||||
16 | judgment order of forfeiture was imposed may retain
attorneys | ||||||
17 | and private collection agents for the purpose of collecting any
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18 | default in payment of any fine, fee, cost, order of | ||||||
19 | restitution, judgment of bond forfeiture, judgment order of | ||||||
20 | forfeiture, or installment thereof. An additional fee of 30% of | ||||||
21 | the delinquent amount and each taxable court cost including, | ||||||
22 | without limitation, costs of service of process, shall is to be | ||||||
23 | charged to the offender for any amount of the fine, fee, cost, | ||||||
24 | restitution, or judgment of bond forfeiture or installment of | ||||||
25 | the fine, fee, cost, restitution, or judgment of bond | ||||||
26 | forfeiture that remains unpaid after the time fixed for payment |
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1 | of the fine, fee, cost, restitution, or judgment of bond | ||||||
2 | forfeiture by the court. The additional fee shall be payable to | ||||||
3 | the State's Attorney in order to compensate the State's | ||||||
4 | Attorney for costs incurred in collecting the delinquent | ||||||
5 | amount. The State's Attorney may enter into agreements | ||||||
6 | assigning any portion of the fee to the retained attorneys or | ||||||
7 | the private collection agent retained by the State's Attorney. | ||||||
8 | Any agreement between the State's Attorney and the retained | ||||||
9 | attorneys or collection agents shall require the approval of | ||||||
10 | the Circuit Clerk of that county. A default in payment of a | ||||||
11 | fine, fee, cost, restitution, or judgment of bond forfeiture | ||||||
12 | shall draw interest at the rate of 9% per annum.
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13 | (Source: P.A. 95-514, eff. 1-1-08; 95-606, eff. 6-1-08; 95-876, | ||||||
14 | eff. 8-21-08.)
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