Bill Text: IL HB2556 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Counties Code. Makes a technical change in a Section concerning county board elections.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2011-08-12 - Public Act . . . . . . . . . 97-0331 [HB2556 Detail]

Download: Illinois-2011-HB2556-Amended.html

---

Rep. Joe Sosnowski

Filed: 3/9/2011

09700HB2556ham001 LRB097 07799 KMW 51755 a
AMENDMENT TO HOUSE BILL 2556
AMENDMENT NO. ______. Amend House Bill 2556 by replacing
everything after the enacting clause with the following:
"Section 5. The Counties Code is amended by changing
Section 4-2002 as follows:
(55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
Sec. 4-2002. State's attorney fees in counties under
3,000,000 population. This Section applies only to counties
with fewer than 3,000,000 inhabitants.
(a) State's attorneys shall be entitled to the following
fees, however, the fee requirement of this subsection does not
apply to county boards:
For each conviction in prosecutions on indictments for
first degree murder, second degree murder, involuntary
manslaughter, criminal sexual assault, aggravated criminal
sexual assault, aggravated criminal sexual abuse, kidnapping,

09700HB2556ham001 - 2 - LRB097 07799 KMW 51755 a
arson and forgery, $30. All other cases punishable by
imprisonment in the penitentiary, $30.
For each conviction in other cases tried before judges of
the circuit court, $15; except that if the conviction is in a
case which may be assigned to an associate judge, whether or
not it is in fact assigned to an associate judge, the fee shall
be $10.
For preliminary examinations for each defendant held to
bail or recognizance, $10.
For each examination of a party bound over to keep the
peace, $10.
For each defendant held to answer in a circuit court on a
charge of paternity, $10.
For each trial on a charge of paternity, $30.
For each case of appeal taken from his county or from the
county to which a change of venue is taken to his county to the
Supreme or Appellate Court when prosecuted or defended by him,
$50.
For each day actually employed in the trial of a case, $25;
in which case the court before whom the case is tried shall
make an order specifying the number of days for which a per
diem shall be allowed.
For each day actually employed in the trial of cases of
felony arising in their respective counties and taken by change
of venue to another county, $25; and the court before whom the
case is tried shall make an order specifying the number of days

09700HB2556ham001 - 3 - LRB097 07799 KMW 51755 a
for which said per diem shall be allowed; and it is hereby made
the duty of each State's attorney to prepare and try each case
of felony arising when so taken by change of venue.
For assisting in a trial of each case on an indictment for
felony brought by change of venue to their respective counties,
the same fees they would be entitled to if such indictment had
been found for an offense committed in his county, and it shall
be the duty of the State's attorney of the county to which such
cause is taken by change of venue to assist in the trial
thereof.
For each case of forfeited recognizance where the
forfeiture is set aside at the instance of the defense, in
addition to the ordinary costs, $10 for each defendant.
For each proceeding in a circuit court to inquire into the
alleged mental illness of any person, $10 for each defendant.
For each proceeding in a circuit court to inquire into the
alleged dependency or delinquency of any child, $10.
For each day actually employed in the hearing of a case of
habeas corpus in which the people are interested, $25.
For each violation of the Criminal Code of 1961 and the
Illinois Vehicle Code in which a defendant has entered a plea
of guilty or a defendant has stipulated to the facts supporting
the charge or a finding of guilt and the court has entered an
order of supervision, $10.
All the foregoing fees shall be taxed as costs to be
collected from the defendant, if possible, upon conviction. But

09700HB2556ham001 - 4 - LRB097 07799 KMW 51755 a
in cases of inquiry into the mental illness of any person
alleged to be mentally ill, in cases on a charge of paternity
and in cases of appeal in the Supreme or Appellate Court, where
judgment is in favor of the accused, the fees allowed the
State's attorney therein shall be retained out of the fines and
forfeitures collected by them in other cases.
Ten per cent of all moneys except revenue, collected by
them and paid over to the authorities entitled thereto, which
per cent together with the fees provided for herein that are
not collected from the parties tried or examined, shall be paid
out of any fines and forfeited recognizances collected by them,
provided however, that in proceedings to foreclose the lien of
delinquent real estate taxes State's attorneys shall receive a
fee, to be credited to the earnings of their office, of 10% of
the total amount realized from the sale of real estate sold in
such proceedings. Such fees shall be paid from the total amount
realized from the sale of the real estate sold in such
proceedings.
State's attorneys shall have a lien for their fees on all
judgments for fines or forfeitures procured by them and on
moneys except revenue received by them until such fees and
earnings are fully paid.
No fees shall be charged on more than 10 counts in any one
indictment or information on trial and conviction; nor on more
than 10 counts against any one defendant on pleas of guilty.
The Circuit Court may direct that of all monies received,

09700HB2556ham001 - 5 - LRB097 07799 KMW 51755 a
by restitution or otherwise, which monies are ordered paid to
the Department of Healthcare and Family Services (formerly
Department of Public Aid) or the Department of Human Services
(acting as successor to the Department of Public Aid under the
Department of Human Services Act) as a direct result of the
efforts of the State's attorney and which payments arise from
Civil or Criminal prosecutions involving the Illinois Public
Aid Code or the Criminal Code, the following amounts shall be
paid quarterly by the Department of Healthcare and Family
Services or the Department of Human Services to the General
Corporate Fund of the County in which the prosecution or cause
of action took place:
(1) where the monies result from child support
obligations, not more than 25% of the federal share of the
monies received,
(2) where the monies result from other than child
support obligations, not more than 25% of the State's share
of the monies received.
In addition to any other amounts to which State's Attorneys
are entitled under this Section, State's Attorneys are entitled
to $10 of the fine that is imposed under Section 5-9-1.17 of
the Unified Code of Corrections, as set forth in that Section.
(b) A municipality shall be entitled to a $25 prosecution
fee for each conviction for a violation of the Illinois Vehicle
Code prosecuted by the municipal attorney pursuant to Section
16-102 of that Code which results in a finding of guilt is

09700HB2556ham001 - 6 - LRB097 07799 KMW 51755 a
tried before a circuit or associate judge or in which a
defendant has stipulated to the facts supporting the charge or
a finding of guilt and the court has entered an order of
supervision and shall be entitled to a $25 prosecution fee for
each conviction for a violation of a municipal vehicle
ordinance or nontraffic ordinance which results in a finding of
guilt prosecuted by the municipal attorney which is tried
before a circuit or associate judge or in which a defendant has
stipulated to the facts supporting the charge or a finding of
guilt and the court has entered an order of supervision. Such
fee shall be taxed as costs to be collected from the defendant,
if possible, upon disposition of the case conviction. A
municipality shall have a lien for such prosecution fees on all
judgments or fines procured by the municipal attorney from
prosecutions for violations of the Illinois Vehicle Code and
municipal vehicle ordinances or nontraffic ordinances.
For the purposes of this subsection (b), "municipal vehicle
ordinance" means any ordinance enacted pursuant to Sections
11-40-1, 11-40-2, 11-40-2a and 11-40-3 of the Illinois
Municipal Code or any ordinance enacted by a municipality which
is similar to a provision of Chapter 11 of the Illinois Vehicle
Code.
(Source: P.A. 95-331, eff. 8-21-07; 95-385, eff. 1-1-08;
96-707, eff. 1-1-10; 96-1186, eff. 7-22-10.)
Section 99. Effective date. This Act takes effect upon

09700HB2556ham001 - 7 - LRB097 07799 KMW 51755 a
becoming law.".