Bill Text: IL HB3123 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Counties Code. Provides that a $5 fee on a judgment of guilty or a grant of supervision does not apply to reckless driving or aggravated reckless driving under the Illinois Vehicle Code. Provides that a $30 fee on a judgment of guilty or a grant of supervision applies to reckless driving or aggravated reckless driving under the Illinois Vehicle Code. Deletes a reference that limits a $5 fee collection in all civil cases to a county of having a population of 1,000,000 or less.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3123 Detail]

Download: Illinois-2019-HB3123-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3123 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-1101 from Ch. 34, par. 5-1101
Amends the Counties Code. Provides that a $5 fee on a judgment of guilty or a grant of supervision does not apply to reckless driving or aggravated reckless driving under the Illinois Vehicle Code. Provides that a $30 fee on a judgment of guilty or a grant of supervision applies to reckless driving or aggravated reckless driving under the Illinois Vehicle Code. Deletes a reference that limits a $5 fee collection in all civil cases to a county of having a population of 1,000,000 or less.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3123 LRB101 09649 AWJ 54748 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing Section
5-1101 as follows:
(55 ILCS 5/5-1101) (from Ch. 34, par. 5-1101)
(Section scheduled to be repealed on July 1, 2019)
Sec. 5-1101. Additional fees to finance court system. A
county board may enact by ordinance or resolution the following
fees:
(a) A $5 fee to be paid by the defendant on a judgment of
guilty or a grant of supervision for violation of the Illinois
Vehicle Code other than Section 11-501 or 11-503 or violations
of similar provisions contained in county or municipal
ordinances committed in the county, and up to a $30 fee to be
paid by the defendant on a judgment of guilty or a grant of
supervision for violation of Section 11-501 or 11-503 of the
Illinois Vehicle Code or a violation of a similar provision
contained in county or municipal ordinances committed in the
county.
(b) A In the case of a county having a population of
1,000,000 or less, a $5 fee to be collected in all civil cases
by the clerk of the circuit court.

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(c) A fee to be paid by the defendant on a judgment of
guilty or a grant of supervision, as follows:
(1) for a felony, $50;
(2) for a class A misdemeanor, $25;
(3) for a class B or class C misdemeanor, $15;
(4) for a petty offense, $10;
(5) for a business offense, $10.
(d) A $100 fee for the second and subsequent violations of
Section 11-501 of the Illinois Vehicle Code or violations of
similar provisions contained in county or municipal ordinances
committed in the county. The proceeds of this fee shall be
placed in the county general fund and used to finance education
programs related to driving under the influence of alcohol or
drugs.
(d-5) A $10 fee to be paid by the defendant on a judgment
of guilty or a grant of supervision under Section 5-9-1 of the
Unified Code of Corrections to be placed in the county general
fund and used to finance the county mental health court, the
county drug court, the Veterans and Servicemembers Court, or
any or all of the above.
(e) In each county in which a teen court, peer court, peer
jury, youth court, or other youth diversion program has been
created, a county may adopt a mandatory fee of up to $5 to be
assessed as provided in this subsection. Assessments collected
by the clerk of the circuit court pursuant to this subsection
must be deposited into an account specifically for the

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operation and administration of a teen court, peer court, peer
jury, youth court, or other youth diversion program. The clerk
of the circuit court shall collect the fees established in this
subsection and must remit the fees to the teen court, peer
court, peer jury, youth court, or other youth diversion program
monthly, less 5%, which is to be retained as fee income to the
office of the clerk of the circuit court. The fees are to be
paid as follows:
(1) a fee of up to $5 paid by the defendant on a
judgment of guilty or grant of supervision for violation of
the Illinois Vehicle Code or violations of similar
provisions contained in county or municipal ordinances
committed in the county;
(2) a fee of up to $5 paid by the defendant on a
judgment of guilty or grant of supervision under Section
5-9-1 of the Unified Code of Corrections for a felony; for
a Class A, Class B, or Class C misdemeanor; for a petty
offense; and for a business offense.
(f) In each county in which a drug court has been created,
the county may adopt a mandatory fee of up to $5 to be assessed
as provided in this subsection. Assessments collected by the
clerk of the circuit court pursuant to this subsection must be
deposited into an account specifically for the operation and
administration of the drug court. The clerk of the circuit
court shall collect the fees established in this subsection and
must remit the fees to the drug court, less 5%, which is to be

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retained as fee income to the office of the clerk of the
circuit court. The fees are to be paid as follows:
(1) a fee of up to $5 paid by the defendant on a
judgment of guilty or grant of supervision for a violation
of the Illinois Vehicle Code or a violation of a similar
provision contained in a county or municipal ordinance
committed in the county; or
(2) a fee of up to $5 paid by the defendant on a
judgment of guilty or a grant of supervision under Section
5-9-1 of the Unified Code of Corrections for a felony; for
a Class A, Class B, or Class C misdemeanor; for a petty
offense; and for a business offense.
The clerk of the circuit court shall deposit the 5%
retained under this subsection into the Circuit Court Clerk
Operation and Administrative Fund to be used to defray the
costs of collection and disbursement of the drug court fee.
(f-5) In each county in which a Children's Advocacy Center
provides services, the county board may adopt a mandatory fee
of between $5 and $30 to be paid by the defendant on a judgment
of guilty or a grant of supervision under Section 5-9-1 of the
Unified Code of Corrections for a felony; for a Class A, Class
B, or Class C misdemeanor; for a petty offense; and for a
business offense. Assessments shall be collected by the clerk
of the circuit court and must be deposited into an account
specifically for the operation and administration of the
Children's Advocacy Center. The clerk of the circuit court

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shall collect the fees as provided in this subsection, and must
remit the fees to the Children's Advocacy Center.
(f-10) In each county in which the Court Appointed Special
Advocates provide services, the county board may, in addition
to any fine imposed under Section 5-9-1 of the Unified Code of
Corrections, adopt a mandatory fee of between $10 and $30 to be
paid by the defendant on a judgment of guilty or a grant of
supervision for a felony; for a Class A, Class B, or Class C
misdemeanor; for a petty offense; and for a business offense;
where a court appearance is required. Assessments shall be
collected by the clerk of the circuit court and must be
deposited into an account specifically for the operations of
the Court Appointed Special Advocates. The clerk of the circuit
court shall collect the fees as provided in this subsection and
must remit the fees to the Court Appointed Special Advocates
Fund that the county board shall create for the receipt of
funds collected under this subsection, and from which the
county board shall make grants to support the activities and
services of the Court Appointed Special Advocates within that
county. The term "Court Appointed Special Advocates" is
copyrighted and is used with permission of the holder of the
copyright.
(g) The proceeds of all fees enacted under this Section
must, except as provided in subsections (d), (d-5), (e), (f),
and (f-10) be placed in the county general fund and used to
finance the court system in the county, unless the fee is

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subject to disbursement by the circuit clerk as provided under
Section 27.5 of the Clerks of Courts Act.
(Source: P.A. 98-331, eff. 8-13-13. Repealed by P.A. 100-987,
eff. 7-1-19.)