Bill Text: IL HB4157 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Code of Criminal Procedure of 1963. Makes a technical change in the Section concerning assessment waivers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-22 - Referred to Rules Committee [HB4157 Detail]
Download: Illinois-2019-HB4157-Introduced.html
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1 | AN ACT concerning fines, fees, and assessments.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | |||||||||||||||||||
5 | amended by changing Section 124A-20 as follows:
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6 | (725 ILCS 5/124A-20) | |||||||||||||||||||
7 | Sec. 124A-20. Assessment waiver. | |||||||||||||||||||
8 | (a) As used in this this Section: | |||||||||||||||||||
9 | "Assessments" means any costs imposed on a criminal | |||||||||||||||||||
10 | defendant under Article 15 of the Criminal and Traffic | |||||||||||||||||||
11 | Assessment Act, but does not include violation of the | |||||||||||||||||||
12 | Illinois Vehicle Code assessments. | |||||||||||||||||||
13 | "Indigent person" means any person who meets one or | |||||||||||||||||||
14 | more of the following criteria: | |||||||||||||||||||
15 | (1) He or she is receiving assistance under one or | |||||||||||||||||||
16 | more of the following means-based governmental public | |||||||||||||||||||
17 | benefits programs: Supplemental Security Income; Aid | |||||||||||||||||||
18 | to the Aged, Blind and Disabled; Temporary Assistance | |||||||||||||||||||
19 | for Needy Families; Supplemental Nutrition Assistance | |||||||||||||||||||
20 | Program; General Assistance; Transitional Assistance; | |||||||||||||||||||
21 | or State Children and Family Assistance. | |||||||||||||||||||
22 | (2) His or her available personal income is 200% or | |||||||||||||||||||
23 | less of the current poverty level, unless the |
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1 | applicant's assets that are not exempt under Part 9 or | ||||||
2 | 10 of Article XII of the Code of Civil Procedure are of | ||||||
3 | a nature and value that the court determines that the | ||||||
4 | applicant is able to pay the assessments. | ||||||
5 | (3) He or she is, in the discretion of the court, | ||||||
6 | unable to proceed in an action with payment of | ||||||
7 | assessments and whose payment of those assessments | ||||||
8 | would result in substantial hardship to the person or | ||||||
9 | his or her family. | ||||||
10 | "Poverty level" means the current poverty level as | ||||||
11 | established by the United States Department of Health and | ||||||
12 | Human Services. | ||||||
13 | (b) Upon the application of any defendant, after the | ||||||
14 | commencement of an action, but no later than 30 days after | ||||||
15 | sentencing: | ||||||
16 | (1) If the court finds that the applicant is an | ||||||
17 | indigent person, the court shall grant the applicant a full | ||||||
18 | assessment waiver exempting him or her from the payment of | ||||||
19 | any assessments. | ||||||
20 | (2) The court shall grant the applicant a partial | ||||||
21 | assessment as follows: | ||||||
22 | (A) 75% of all assessments shall be waived if the | ||||||
23 | applicant's available income is greater than 200% but | ||||||
24 | no more than 250% of the poverty level, unless the | ||||||
25 | applicant's assets that are not exempt under Part 9 or | ||||||
26 | 10 of Article XII of the Code of Civil Procedure are |
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1 | such that the applicant is able, without undue | ||||||
2 | hardship, to pay the total assessments. | ||||||
3 | (B) 50% of all assessments shall be waived if the | ||||||
4 | applicant's available income is greater than 250% but | ||||||
5 | no more than 300% of the poverty level, unless the | ||||||
6 | applicant's assets that are not exempt under Part 9 or | ||||||
7 | 10 of Article XII of the Code of Civil Procedure are | ||||||
8 | such that the court determines that the applicant is | ||||||
9 | able, without undue hardship, to pay a greater portion | ||||||
10 | of the assessments. | ||||||
11 | (C) 25% of all assessments shall be waived if the | ||||||
12 | applicant's available income is greater than 300% but | ||||||
13 | no more than 400% of the poverty level, unless the | ||||||
14 | applicant's assets that are not exempt under Part 9 or | ||||||
15 | 10 of Article XII of the Code of Civil Procedure are | ||||||
16 | such that the court determines that the applicant is | ||||||
17 | able, without undue hardship, to pay a greater portion | ||||||
18 | of the assessments. | ||||||
19 | (c) An application for a waiver of assessments shall be in | ||||||
20 | writing, signed by the defendant or, if the defendant is a | ||||||
21 | minor, by another person having knowledge of the facts, and | ||||||
22 | filed no later than 30 days after sentencing. The contents of | ||||||
23 | the application for a waiver of assessments, and the procedure | ||||||
24 | for deciding the applications, shall be established by Supreme | ||||||
25 | Court Rule. Factors to consider in evaluating an application | ||||||
26 | shall include: |
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1 | (1) the applicant's receipt of needs based | ||||||
2 | governmental public benefits, including Supplemental | ||||||
3 | Security Income (SSI); Aid to the Aged, Blind and Disabled | ||||||
4 | (ADBD); Temporary Assistance for Needy Families (TANF); | ||||||
5 | Supplemental Nutrition Assistance Program (SNAP or "food | ||||||
6 | stamps"); General Assistance; Transitional Assistance; or | ||||||
7 | State Children and Family Assistance; | ||||||
8 | (2) the employment status of the applicant and amount | ||||||
9 | of monthly income, if any; | ||||||
10 | (3) income received from the applicant's pension, | ||||||
11 | Social Security benefits, unemployment benefits, and other | ||||||
12 | sources; | ||||||
13 | (4) income received by the applicant from other | ||||||
14 | household members; | ||||||
15 | (5) the applicant's monthly expenses, including rent, | ||||||
16 | home mortgage, other mortgage, utilities, food, medical, | ||||||
17 | vehicle, childcare, debts, child support, and other | ||||||
18 | expenses; and | ||||||
19 | (6) financial affidavits or other similar supporting | ||||||
20 | documentation provided by the applicant showing that | ||||||
21 | payment of the imposed assessments would result in | ||||||
22 | substantial hardship to the applicant or the applicant's | ||||||
23 | family. | ||||||
24 | (d) The clerk of court shall provide the application for a | ||||||
25 | waiver of assessments to any defendant who indicates an | ||||||
26 | inability to pay the assessments. The clerk of the court shall |
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1 | post in a conspicuous place in the courthouse a notice, no | ||||||
2 | smaller than 8.5 x 11 inches and using no smaller than 30-point | ||||||
3 | typeface printed in English and in Spanish, advising criminal | ||||||
4 | defendants they may ask the court for a waiver of any court | ||||||
5 | ordered assessments. The notice shall be substantially as | ||||||
6 | follows: | ||||||
7 | "If you are unable to pay the required assessments, you | ||||||
8 | may ask the court to waive payment of them. Ask the clerk | ||||||
9 | of the court for forms." | ||||||
10 | (e) For good cause shown, the court may allow an applicant | ||||||
11 | whose application is denied or who receives a partial | ||||||
12 | assessment waiver to defer payment of the assessments, make | ||||||
13 | installment payments, or make payment upon reasonable terms and | ||||||
14 | conditions stated in the order. | ||||||
15 | (f) Nothing in this Section shall be construed to affect | ||||||
16 | the right of a party to court-appointed counsel, as authorized | ||||||
17 | by any other provision of law or by the rules of the Illinois | ||||||
18 | Supreme Court. | ||||||
19 | (g) The provisions of this Section are severable under | ||||||
20 | Section 1.31 of the Statute on Statutes.
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21 | (Source: P.A. 100-987, eff. 7-1-19 .)
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