Bill Text: IL HB4265 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Unified Code of Corrections. Provides that if an offender defaults in the payment of a fine or any installment of that fine, the court may issue a summons for his or her appearance (deletes warrant of arrest). Provides that the court may issue a warrant of arrest, if after being served with a summons, the offender fails to appear for the scheduled hearing.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Engrossed) 2018-11-27 - Referred to Assignments [HB4265 Detail]

Download: Illinois-2017-HB4265-Engrossed.html



HB4265 EngrossedLRB100 16027 RLC 31146 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5changing Section 5-9-3 as follows:
6 (730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
7 Sec. 5-9-3. Default.
8 (a) An offender who defaults in the payment of a fine or
9any installment of that fine may be held in contempt and
10imprisoned for nonpayment. The court may issue a summons for
11his appearance. The court may issue a warrant of arrest, if
12after being served with a summons issued under this subsection,
13the offender fails to appear for the scheduled hearing or a
14warrant of arrest.
15 (b) Unless the offender shows that his default was not due
16to his intentional refusal to pay, or not due to a failure on
17his part to make a good faith effort to pay, the court may
18order the offender imprisoned for a term not to exceed 6 months
19if the fine was for a felony, or 30 days if the fine was for a
20misdemeanor, a petty offense or a business offense. Payment of
21the fine at any time will entitle the offender to be released,
22but imprisonment under this Section shall not satisfy the
23payment of the fine.

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1 (c) If it appears that the default in the payment of a fine
2is not intentional under paragraph (b) of this Section, the
3court may enter an order allowing the offender additional time
4for payment, reducing the amount of the fine or of each
5installment, or revoking the fine or the unpaid portion.
6 (d) When a fine is imposed on a corporation or
7unincorporated organization or association, it is the duty of
8the person or persons authorized to make disbursement of
9assets, and their superiors, to pay the fine from assets of the
10corporation or unincorporated organization or association. The
11failure of such persons to do so shall render them subject to
12proceedings under paragraphs (a) and (b) of this Section.
13 (e) A default in the payment of a fine, fee, cost, order of
14restitution, judgment of bond forfeiture, judgment order of
15forfeiture, or any installment thereof may be collected by any
16and all means authorized for the collection of money judgments.
17The State's Attorney of the county in which the fine, fee,
18cost, order of restitution, judgment of bond forfeiture, or
19judgment order of forfeiture was imposed may retain attorneys
20and private collection agents for the purpose of collecting any
21default in payment of any fine, fee, cost, order of
22restitution, judgment of bond forfeiture, judgment order of
23forfeiture, or installment thereof. An additional fee of 30% of
24the delinquent amount and each taxable court cost including,
25without limitation, costs of service of process, shall be
26charged to the offender for any amount of the fine, fee, cost,

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1restitution, or judgment of bond forfeiture or installment of
2the fine, fee, cost, restitution, or judgment of bond
3forfeiture that remains unpaid after the time fixed for payment
4of the fine, fee, cost, restitution, or judgment of bond
5forfeiture by the court. The additional fee shall be payable to
6the State's Attorney in order to compensate the State's
7Attorney for costs incurred in collecting the delinquent
8amount. The State's Attorney may enter into agreements
9assigning any portion of the fee to the retained attorneys or
10the private collection agent retained by the State's Attorney.
11Any agreement between the State's Attorney and the retained
12attorneys or collection agents shall require the approval of
13the Circuit Clerk of that county. A default in payment of a
14fine, fee, cost, restitution, or judgment of bond forfeiture
15shall draw interest at the rate of 9% per annum.
16(Source: P.A. 98-373, eff. 1-1-14.)
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