Bill Text: IL HB4157 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Makes a technical change in the Section concerning assessment waivers.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2020-01-22 - Referred to Rules Committee [HB4157 Detail]

Download: Illinois-2019-HB4157-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4157 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
725 ILCS 5/124A-20
Amends the Code of Criminal Procedure of 1963. Makes a technical change in the Section concerning assessment waivers.
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A BILL FOR
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AN ACT concerning fines, fees, and assessments.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 124A-20 as follows:
(725 ILCS 5/124A-20)
Sec. 124A-20. Assessment waiver.
(a) As used in this this Section:
"Assessments" means any costs imposed on a criminal
defendant under Article 15 of the Criminal and Traffic
Assessment Act, but does not include violation of the
Illinois Vehicle Code assessments.
"Indigent person" means any person who meets one or
more of the following criteria:
(1) He or she is receiving assistance under one or
more of the following means-based governmental public
benefits programs: Supplemental Security Income; Aid
to the Aged, Blind and Disabled; Temporary Assistance
for Needy Families; Supplemental Nutrition Assistance
Program; General Assistance; Transitional Assistance;
or State Children and Family Assistance.
(2) His or her available personal income is 200% or
less of the current poverty level, unless the

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applicant's assets that are not exempt under Part 9 or
10 of Article XII of the Code of Civil Procedure are of
a nature and value that the court determines that the
applicant is able to pay the assessments.
(3) He or she is, in the discretion of the court,
unable to proceed in an action with payment of
assessments and whose payment of those assessments
would result in substantial hardship to the person or
his or her family.
"Poverty level" means the current poverty level as
established by the United States Department of Health and
Human Services.
(b) Upon the application of any defendant, after the
commencement of an action, but no later than 30 days after
sentencing:
(1) If the court finds that the applicant is an
indigent person, the court shall grant the applicant a full
assessment waiver exempting him or her from the payment of
any assessments.
(2) The court shall grant the applicant a partial
assessment as follows:
(A) 75% of all assessments shall be waived if the
applicant's available income is greater than 200% but
no more than 250% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or
10 of Article XII of the Code of Civil Procedure are

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such that the applicant is able, without undue
hardship, to pay the total assessments.
(B) 50% of all assessments shall be waived if the
applicant's available income is greater than 250% but
no more than 300% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or
10 of Article XII of the Code of Civil Procedure are
such that the court determines that the applicant is
able, without undue hardship, to pay a greater portion
of the assessments.
(C) 25% of all assessments shall be waived if the
applicant's available income is greater than 300% but
no more than 400% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or
10 of Article XII of the Code of Civil Procedure are
such that the court determines that the applicant is
able, without undue hardship, to pay a greater portion
of the assessments.
(c) An application for a waiver of assessments shall be in
writing, signed by the defendant or, if the defendant is a
minor, by another person having knowledge of the facts, and
filed no later than 30 days after sentencing. The contents of
the application for a waiver of assessments, and the procedure
for deciding the applications, shall be established by Supreme
Court Rule. Factors to consider in evaluating an application
shall include:

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(1) the applicant's receipt of needs based
governmental public benefits, including Supplemental
Security Income (SSI); Aid to the Aged, Blind and Disabled
(ADBD); Temporary Assistance for Needy Families (TANF);
Supplemental Nutrition Assistance Program (SNAP or "food
stamps"); General Assistance; Transitional Assistance; or
State Children and Family Assistance;
(2) the employment status of the applicant and amount
of monthly income, if any;
(3) income received from the applicant's pension,
Social Security benefits, unemployment benefits, and other
sources;
(4) income received by the applicant from other
household members;
(5) the applicant's monthly expenses, including rent,
home mortgage, other mortgage, utilities, food, medical,
vehicle, childcare, debts, child support, and other
expenses; and
(6) financial affidavits or other similar supporting
documentation provided by the applicant showing that
payment of the imposed assessments would result in
substantial hardship to the applicant or the applicant's
family.
(d) The clerk of court shall provide the application for a
waiver of assessments to any defendant who indicates an
inability to pay the assessments. The clerk of the court shall

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post in a conspicuous place in the courthouse a notice, no
smaller than 8.5 x 11 inches and using no smaller than 30-point
typeface printed in English and in Spanish, advising criminal
defendants they may ask the court for a waiver of any court
ordered assessments. The notice shall be substantially as
follows:
"If you are unable to pay the required assessments, you
may ask the court to waive payment of them. Ask the clerk
of the court for forms."
(e) For good cause shown, the court may allow an applicant
whose application is denied or who receives a partial
assessment waiver to defer payment of the assessments, make
installment payments, or make payment upon reasonable terms and
conditions stated in the order.
(f) Nothing in this Section shall be construed to affect
the right of a party to court-appointed counsel, as authorized
by any other provision of law or by the rules of the Illinois
Supreme Court.
(g) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 100-987, eff. 7-1-19.)