Bill Text: IL HB2497 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the Criminal and Traffic Assessment Act. Provides that in each county in which Court Appointed Special Advocates provide services, a Court Appointed Special Advocates Fund is specifically for the operations of the Court Appointed Special Advocates, from which the county board shall make grants to support the activities and services of the Court Appointed Special Advocates within that county. Effective July 1, 2019.

Spectrum: Moderate Partisan Bill (Democrat 16-3)

Status: (Engrossed) 2019-05-23 - Waive Posting Notice [HB2497 Detail]

Download: Illinois-2019-HB2497-Engrossed.html



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1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal and Traffic Assessment Act is
5amended by changing Section 10-5 as follows:
6 (705 ILCS 135/10-5)
7 (This Section may contain text from a Public Act with a
8delayed effective date)
9 (Section scheduled to be repealed on January 1, 2021)
10 Sec. 10-5. Funds.
11 (a) All money collected by the Clerk of the Circuit Court
12under Article 15 of this Act shall be remitted as directed in
13Article 15 of this Act to the county treasurer, to the State
14Treasurer, and to the treasurers of the units of local
15government. If an amount payable to any of the treasurers is
16less than $10, the clerk may postpone remitting the money until
17$10 has accrued or by the end of fiscal year. The treasurers
18shall deposit the money as indicated in the schedules, except,
19in a county with a population of over 3,000,000, money remitted
20to the county treasurer shall be subject to appropriation by
21the county board. Any amount retained by the Clerk of the
22Circuit Court in a county with population of over 3,000,000
23shall be subject to appropriation by the county board.

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1 (b) The county treasurer or the treasurer of the unit of
2local government may create the funds indicated in paragraphs
3(1) through (5), (9), and (16) of subsection (d) of this
4Section, if not already in existence. If a county or unit of
5local government has not instituted, and does not plan to
6institute a program that uses a particular fund, the treasurer
7need not create the fund and may instead deposit the money
8intended for the fund into the general fund of the county or
9unit of local government for use in financing the court system.
10 (c) If the arresting agency is a State agency, the
11arresting agency portion shall be remitted by the clerk of
12court to the State Treasurer who shall deposit the portion as
13follows:
14 (1) if the arresting agency is the Department of State
15 Police, into the State Police Law Enforcement
16 Administration Fund;
17 (2) if the arresting agency is the Department of
18 Natural Resources, into the Conservation Police Operations
19 Assistance Fund;
20 (3) if the arresting agency is the Secretary of State,
21 into the Secretary of State Police Services Fund; and
22 (4) if the arresting agency is the Illinois Commerce
23 Commission, into the Public Utility Fund.
24 (d) Fund descriptions and provisions:
25 (1) The Court Automation Fund is to defray the expense,
26 borne by the county, of establishing and maintaining

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1 automated record keeping systems in the Office of the Clerk
2 of the Circuit Court. The money shall be remitted monthly
3 by the clerk to the county treasurer and identified as
4 funds for the Circuit Court Clerk. The fund shall be
5 audited by the county auditor, and the board shall make
6 expenditures from the fund in payment of any costs related
7 to the automation of court records including hardware,
8 software, research and development costs, and personnel
9 costs related to the foregoing, provided that the
10 expenditure is approved by the clerk of the court and by
11 the chief judge of the circuit court or his or her
12 designee.
13 (2) The Document Storage Fund is to defray the expense,
14 borne by the county, of establishing and maintaining a
15 document storage system and converting the records of the
16 circuit court clerk to electronic or micrographic storage.
17 The money shall be remitted monthly by the clerk to the
18 county treasurer and identified as funds for the circuit
19 court clerk. The fund shall be audited by the county
20 auditor, and the board shall make expenditure from the fund
21 in payment of any cost related to the storage of court
22 records, including hardware, software, research and
23 development costs, and personnel costs related to the
24 foregoing, provided that the expenditure is approved by the
25 clerk of the court.
26 (3) The Circuit Clerk Operations and Administration

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1 Fund may be used to defray the expenses incurred for
2 collection and disbursement of the various assessment
3 schedules. The money shall be remitted monthly by the clerk
4 to the county treasurer and identified as funds for the
5 circuit court clerk.
6 (4) The State's Attorney Records Automation Fund is to
7 defray the expense of establishing and maintaining
8 automated record keeping systems in the offices of the
9 State's Attorney. The money shall be remitted monthly by
10 the clerk to the county treasurer for deposit into the
11 State's Attorney Records Automation Fund. Expenditures
12 from this fund may be made by the State's Attorney for
13 hardware, software, and research and development related
14 to automated record keeping systems.
15 (5) The Public Defender Records Automation Fund is to
16 defray the expense of establishing and maintaining
17 automated record keeping systems in the offices of the
18 Public Defender. The money shall be remitted monthly by the
19 clerk to the county treasurer for deposit into the Public
20 Defender Records Automation Fund. Expenditures from this
21 fund may be made by the Public Defender for hardware,
22 software, and research and development related to
23 automated record keeping systems.
24 (6) The DUI Fund shall be used for enforcement and
25 prevention of driving while under the influence of alcohol,
26 other drug or drugs, intoxicating compound or compounds or

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1 any combination thereof, as defined by Section 11-501 of
2 the Illinois Vehicle Code, including, but not limited to,
3 the purchase of law enforcement equipment and commodities
4 that will assist in the prevention of alcohol-related
5 criminal violence throughout the State; police officer
6 training and education in areas related to alcohol-related
7 crime, including, but not limited to, DUI training; and
8 police officer salaries, including, but not limited to,
9 salaries for hire-back funding for safety checkpoints,
10 saturation patrols, and liquor store sting operations. Any
11 moneys shall be used to purchase law enforcement equipment
12 that will assist in the prevention of alcohol-related
13 criminal violence throughout the State. The money shall be
14 remitted monthly by the clerk to the State or local
15 treasurer for deposit as provided by law.
16 (7) The Trauma Center Fund shall be distributed as
17 provided under Section 3.225 of the Emergency Medical
18 Services (EMS) Systems Act.
19 (8) The Probation and Court Services Fund is to be
20 expended as described in Section 15.1 of the Probation and
21 Probation Officers Act.
22 (9) The Circuit Court Clerk Electronic Citation Fund
23 shall have the Circuit Court Clerk as the custodian, ex
24 officio, of the Fund and shall be used to perform the
25 duties required by the office for establishing and
26 maintaining electronic citations. The Fund shall be

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1 audited by the county's auditor.
2 (10) The Drug Treatment Fund is a special fund in the
3 State treasury. Moneys in the Fund shall be expended as
4 provided in Section 411.2 of the Illinois Controlled
5 Substances Act.
6 (11) The Violent Crime Victims Assistance Fund is a
7 special fund in the State treasury to provide moneys for
8 the grants to be awarded under the Violent Crime Victims
9 Assistance Act.
10 (12) The Criminal Justice Information Projects Fund
11 shall be appropriated to and administered by the Illinois
12 Criminal Justice Information Authority for distribution to
13 fund Department of State Police drug task forces and
14 Metropolitan Enforcement Groups, for the costs associated
15 with making grants from the Prescription Pill and Drug
16 Disposal Fund, for undertaking criminal justice
17 information projects, and for the operating and other
18 expenses of the Authority incidental to those criminal
19 justice information projects. The moneys deposited into
20 the Criminal Justice Information Projects Fund under
21 Sections 15-15 and 15-35 of this Act shall be appropriated
22 to and administered by the Illinois Criminal Justice
23 Information Authority for distribution to fund Department
24 of State Police drug task forces and Metropolitan
25 Enforcement Groups by dividing the funds equally by the
26 total number of Department of State Police drug task forces

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1 and Illinois Metropolitan Enforcement Groups.
2 (13) The Sexual Assault Services Fund shall be
3 appropriated to the Department of Public Health. Upon
4 appropriation of moneys from the Sexual Assault Services
5 Fund, the Department of Public Health shall make grants of
6 these moneys to sexual assault organizations with whom the
7 Department has contracts for the purpose of providing
8 community-based services to victims of sexual assault.
9 Grants are in addition to, and are not substitutes for,
10 other grants authorized and made by the Department.
11 (14) The County Jail Medical Costs Fund is to help
12 defray the costs outlined in Section 17 of the County Jail
13 Act. Moneys in the Fund shall be used solely for
14 reimbursement to the county of costs for medical expenses
15 and administration of the Fund.
16 (15) The Prisoner Review Board Vehicle and Equipment
17 Fund is a special fund in the State treasury. The Prisoner
18 Review Board shall, subject to appropriation by the General
19 Assembly and approval by the Secretary, use all moneys in
20 the Prisoner Review Board Vehicle and Equipment Fund for
21 the purchase and operation of vehicles and equipment.
22 (16) In each county in which a Children's Advocacy
23 Center provides services, a Child Advocacy Center Fund is
24 specifically for the operation and administration of the
25 Children's Advocacy Center, from which the county board
26 shall make grants to support the activities and services of

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1 the Children's Advocacy Center within that county.
2 (17) In each county in which Court Appointed Special
3 Advocates provide services, a Court Appointed Special
4 Advocates Fund is specifically for the operations of the
5 Court Appointed Special Advocates, from which the county
6 board shall make grants to support the activities and
7 services of the Court Appointed Special Advocates within
8 that county. The term "Court Appointed Special Advocates"
9 is copyrighted and is used with permission of the holder of
10 the copyright.
11(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
12 Section 99. Effective date. This Act takes effect July 1,
132019.
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