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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5549 Introduced , by Rep. John D. Cavaletto SYNOPSIS AS INTRODUCED:
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| 30 ILCS 105/5.875 new | | 30 ILCS 105/6z-101 new | | 705 ILCS 105/27.5 | from Ch. 25, par. 27.5 | 750 ILCS 5/612 new | |
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Amends the State Finance Act. Creates the Grandparents Custody Assistance Fund as a special fund in the State treasury. Provides that moneys in the Fund shall be paid as grants to public or private non-profit agencies that provide pro bono legal assistance to a grandparent or other first-degree relative seeking (i) custody of a child or (ii) to intervene in a custody dispute involving that child. Authorizes the Attorney General to manage the Fund. Defines "first-degree relative". Amends the Illinois Marriage and Dissolution of Marriage Act and the Clerks of Courts Act to provide for fines to be imposed when parties violate court orders relating to custody, visitation, or joint parenting, with certain exceptions. Provides for disposition of the fines.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning family law.
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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 State Finance Act is amended by adding |
5 | | Sections 5.875 and 6z-101 as follows:
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6 | | (30 ILCS 105/5.875 new) |
7 | | Sec. 5.875. The Grandparents Custody Assistance Fund.
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8 | | (30 ILCS 105/6z-101 new) |
9 | | Sec. 6z-101. The Grandparents Custody Assistance Fund. The |
10 | | Grandparents Custody Assistance Fund is created as a special |
11 | | fund in the State treasury. The Fund may accept fees, gifts, |
12 | | grants, donations, and federal or State appropriations for use, |
13 | | subject to appropriation, by the Attorney General in making |
14 | | grants to public or private non-profit agencies that provide |
15 | | pro bono legal assistance to a grandparent or other |
16 | | first-degree relative who is seeking (i) custody of a child or |
17 | | (ii) to intervene in a custody dispute involving that child. |
18 | | The Attorney General may seek private and public funds for |
19 | | deposit into the Grandparents Custody Assistance Fund. Moneys |
20 | | in the Fund may be appropriated only for the use of the |
21 | | Attorney General in the performance of his or her powers and |
22 | | duties under this Section. The Attorney General shall adopt |
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1 | | rules concerning application for and disbursement of moneys in |
2 | | the Fund. For the purposes of this Section, "first-degree |
3 | | relative" means a sibling, grandparent, aunt, or uncle of an |
4 | | individual.
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5 | | Section 10. The Clerks of Courts Act is amended by changing |
6 | | Section 27.5 as follows:
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7 | | (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
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8 | | Sec. 27.5. (a) All fees, fines, costs, additional |
9 | | penalties, bail balances
assessed or forfeited, and any other |
10 | | amount paid by a person to the circuit
clerk that equals an |
11 | | amount less than $55, except restitution under Section
5-5-6 of |
12 | | the Unified Code of Corrections, reimbursement for the costs of |
13 | | an
emergency response as provided under Section 11-501 of the |
14 | | Illinois Vehicle
Code, any fees collected for attending a |
15 | | traffic safety program under
paragraph (c) of Supreme Court |
16 | | Rule 529, any fee collected on behalf of a
State's Attorney |
17 | | under Section 4-2002 of the Counties Code or a sheriff under
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18 | | Section 4-5001 of the Counties Code, or any cost imposed under |
19 | | Section 124A-5
of the Code of Criminal Procedure of 1963, for |
20 | | convictions, orders of
supervision, or any other disposition |
21 | | for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois |
22 | | Vehicle Code, or a similar provision of a local
ordinance, and |
23 | | any violation of the Child Passenger Protection Act, or a
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24 | | similar provision of a local ordinance, and except as otherwise |
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1 | | provided in this Section, shall be disbursed within 60 days |
2 | | after receipt by the circuit
clerk as follows: 47% shall be |
3 | | disbursed to the entity authorized by law to
receive the fine |
4 | | imposed in the case; 12% shall be disbursed to the State
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5 | | Treasurer; and 41% shall be disbursed to the county's general |
6 | | corporate fund.
Of the 12% disbursed to the State Treasurer, |
7 | | 1/6 shall be deposited by the
State Treasurer into the Violent |
8 | | Crime Victims Assistance Fund, 1/2 shall be
deposited into the |
9 | | Traffic and Criminal Conviction Surcharge Fund, and 1/3
shall |
10 | | be deposited into the Drivers Education Fund. For fiscal years |
11 | | 1992 and
1993, amounts deposited into the Violent Crime Victims |
12 | | Assistance Fund, the
Traffic and Criminal Conviction Surcharge |
13 | | Fund, or the Drivers Education Fund
shall not exceed 110% of |
14 | | the amounts deposited into those funds in fiscal year
1991. Any |
15 | | amount that exceeds the 110% limit shall be distributed as |
16 | | follows:
50% shall be disbursed to the county's general |
17 | | corporate fund and 50% shall be
disbursed to the entity |
18 | | authorized by law to receive the fine imposed in the
case. Not |
19 | | later than March 1 of each year the circuit clerk
shall submit |
20 | | a report of the amount of funds remitted to the State
Treasurer |
21 | | under this Section during the preceding year based upon
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22 | | independent verification of fines and fees. All counties shall |
23 | | be subject
to this Section, except that counties with a |
24 | | population under 2,000,000
may, by ordinance, elect not to be |
25 | | subject to this Section. For offenses
subject to this Section, |
26 | | judges shall impose one total sum of money payable
for |
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1 | | violations. The circuit clerk may add on no additional amounts |
2 | | except
for amounts that are required by Sections 27.3a and |
3 | | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle |
4 | | Code, and subsection (a) of Section 5-1101 of the Counties |
5 | | Code, unless those amounts are specifically waived by the |
6 | | judge. With
respect to money collected by the circuit clerk as |
7 | | a result of
forfeiture of bail, ex parte judgment or guilty |
8 | | plea pursuant to Supreme
Court Rule 529, the circuit clerk |
9 | | shall first deduct and pay amounts
required by Sections 27.3a |
10 | | and 27.3c of this Act. Unless a court ordered payment schedule |
11 | | is implemented or fee requirements are waived pursuant to a |
12 | | court order, the circuit clerk may add to any unpaid fees and |
13 | | costs a delinquency amount equal to 5% of the unpaid fees that |
14 | | remain unpaid after 30 days, 10% of the unpaid fees that remain |
15 | | unpaid after 60 days, and 15% of the unpaid fees that remain |
16 | | unpaid after 90 days. Notice to those parties may be made by |
17 | | signage posting or publication. The additional delinquency |
18 | | amounts collected under this Section shall be deposited in the |
19 | | Circuit Court Clerk Operation and Administrative Fund to be |
20 | | used to defray administrative costs incurred by the circuit |
21 | | clerk in performing the duties required to collect and disburse |
22 | | funds. This Section is a denial
and limitation of home rule |
23 | | powers and functions under subsection (h) of
Section 6 of |
24 | | Article VII of the Illinois Constitution.
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25 | | (b) The following amounts must be remitted to the State |
26 | | Treasurer for
deposit into the Illinois Animal Abuse Fund:
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1 | | (1) 50% of the amounts collected for felony offenses |
2 | | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
3 | | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
4 | | Animals Act and Section 26-5 or 48-1 of the Criminal Code |
5 | | of
1961 or the Criminal Code of 2012;
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6 | | (2) 20% of the amounts collected for Class A and Class |
7 | | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
8 | | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
9 | | for Animals Act and Section 26-5 or 48-1 of the Criminal
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10 | | Code of 1961 or the Criminal Code of 2012; and
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11 | | (3) 50% of the amounts collected for Class C |
12 | | misdemeanors under
Sections 4.01 and 7.1 of the Humane Care |
13 | | for Animals Act and Section 26-5
or 48-1 of the Criminal |
14 | | Code of 1961 or the Criminal Code of 2012.
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15 | | (c) Any person who receives a disposition of court |
16 | | supervision for a violation of the Illinois Vehicle Code or a |
17 | | similar provision of a local ordinance shall, in addition to |
18 | | any other fines, fees, and court costs, pay an additional fee |
19 | | of $29, to be disbursed as provided in Section 16-104c of the |
20 | | Illinois Vehicle Code. In addition to the fee of $29, the |
21 | | person shall also pay a fee of $6, if not waived by the court. |
22 | | If this $6 fee is collected, $5.50 of the fee shall be |
23 | | deposited into the Circuit Court Clerk Operation and |
24 | | Administrative Fund created by the Clerk of the Circuit Court |
25 | | and 50 cents of the fee shall be deposited into the Prisoner |
26 | | Review Board Vehicle and Equipment Fund in the State treasury. |
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1 | | (d) Any person convicted of, pleading guilty to, or placed |
2 | | on supervision for a serious traffic violation, as defined in |
3 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of |
4 | | Section 11-501 of the Illinois Vehicle Code, or a violation of |
5 | | a similar provision of a local ordinance shall pay an |
6 | | additional fee of $35, to be disbursed as provided in Section |
7 | | 16-104d of that Code. |
8 | | This subsection (d) becomes inoperative on January 1, 2020.
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9 | | (e) In all counties having a population of 3,000,000 or |
10 | | more inhabitants: |
11 | | (1) A person who is found guilty of or pleads guilty to |
12 | | violating subsection (a) of Section 11-501 of the Illinois |
13 | | Vehicle Code, including any person placed on court |
14 | | supervision for violating subsection (a), shall be fined |
15 | | $750 as provided for by subsection (f) of Section 11-501.01 |
16 | | of the Illinois Vehicle Code, payable to the circuit clerk, |
17 | | who shall distribute the money pursuant to subsection (f) |
18 | | of Section 11-501.01 of the Illinois Vehicle Code. |
19 | | (2) When a crime laboratory DUI analysis fee of $150, |
20 | | provided for by Section 5-9-1.9 of the Unified Code of |
21 | | Corrections is assessed, it shall be disbursed by the |
22 | | circuit clerk as provided by subsection (f) of Section |
23 | | 5-9-1.9 of the Unified Code of Corrections. |
24 | | (3) When a fine for a violation of subsection (a) of |
25 | | Section 11-605 of the Illinois Vehicle Code is $150 or |
26 | | greater, the additional $50 which is charged as provided |
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1 | | for by subsection (f) of Section 11-605 of the Illinois |
2 | | Vehicle Code shall be disbursed by the circuit clerk to a |
3 | | school district or districts for school safety purposes as |
4 | | provided by subsection (f) of Section 11-605. |
5 | | (4) When a fine for a violation of subsection (a) of |
6 | | Section 11-1002.5 of the Illinois Vehicle Code is $150 or |
7 | | greater, the additional $50 which is charged as provided |
8 | | for by subsection (c) of Section 11-1002.5 of the Illinois |
9 | | Vehicle Code shall be disbursed by the circuit clerk to a |
10 | | school district or districts for school safety purposes as |
11 | | provided by subsection (c) of Section 11-1002.5 of the |
12 | | Illinois Vehicle Code. |
13 | | (5) When a mandatory drug court fee of up to $5 is |
14 | | assessed as provided in subsection (f) of Section 5-1101 of |
15 | | the Counties Code, it shall be disbursed by the circuit |
16 | | clerk as provided in subsection (f) of Section 5-1101 of |
17 | | the Counties Code. |
18 | | (6) When a mandatory teen court, peer jury, youth |
19 | | court, or other youth diversion program fee is assessed as |
20 | | provided in subsection (e) of Section 5-1101 of the |
21 | | Counties Code, it shall be disbursed by the circuit clerk |
22 | | as provided in subsection (e) of Section 5-1101 of the |
23 | | Counties Code. |
24 | | (7) When a Children's Advocacy Center fee is assessed |
25 | | pursuant to subsection (f-5) of Section 5-1101 of the |
26 | | Counties Code, it shall be disbursed by the circuit clerk |
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1 | | as provided in subsection (f-5) of Section 5-1101 of the |
2 | | Counties Code. |
3 | | (8) When a victim impact panel fee is assessed pursuant |
4 | | to subsection (b) of Section 11-501.01 of the Illinois |
5 | | Vehicle Code, it shall be disbursed by the circuit clerk to |
6 | | the victim impact panel to be
attended by the defendant. |
7 | | (9) When a new fee collected in traffic cases is |
8 | | enacted after January 1, 2010 (the effective date of Public |
9 | | Act 96-735), it shall be excluded from the percentage |
10 | | disbursement provisions of this Section unless otherwise |
11 | | indicated by law. |
12 | | (f) Any person who receives a disposition of court |
13 | | supervision for a violation of Section 11-501 of the Illinois |
14 | | Vehicle Code shall, in addition to any other fines, fees, and |
15 | | court costs, pay an additional fee of $50, which shall
be |
16 | | collected by the circuit clerk and then remitted to the State |
17 | | Treasurer for deposit into the Roadside Memorial Fund, a |
18 | | special fund in the State treasury. However, the court may |
19 | | waive the fee if full restitution is complied with. Subject to |
20 | | appropriation, all moneys in the Roadside Memorial Fund shall |
21 | | be used by the Department of Transportation to pay fees imposed |
22 | | under subsection (f) of Section 20 of the Roadside Memorial |
23 | | Act. The fee shall be remitted by the circuit clerk within one |
24 | | month after receipt to the State Treasurer for deposit into the |
25 | | Roadside Memorial Fund. |
26 | | (g) For any conviction or disposition of court supervision |
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1 | | for a violation of Section 11-1429 of the Illinois Vehicle |
2 | | Code, the circuit clerk shall distribute the fines paid by the |
3 | | person as specified by subsection (h) of Section 11-1429 of the |
4 | | Illinois Vehicle Code. |
5 | | (h) In addition to any other fines and court costs assessed |
6 | | by the courts, a person fined under Section 612 of the Illinois |
7 | | Marriage and Dissolution of Marriage Act for a violation of an |
8 | | order concerning custody, visitation, or joint parenting shall |
9 | | pay an additional fine of $50 to the clerk of the circuit |
10 | | court. This amount less 10% shall be remitted by the clerk to |
11 | | the Treasurer within 30 days after receipt for deposit into the |
12 | | Grandparents Custody Assistance Fund. The 10% retained by the |
13 | | clerk shall be used to defray administrative costs that the |
14 | | clerk incurs. |
15 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13; |
16 | | 97-1150, eff. 1-25-13; 98-658, eff. 6-23-14.)
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17 | | Section 15. The Illinois Marriage and Dissolution of |
18 | | Marriage Act is amended by adding Section 612 as follows:
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19 | | (750 ILCS 5/612 new) |
20 | | Sec. 612. Fines; Grandparents Custody Assistance Fund. If |
21 | | the court finds that one or more of the parties has violated an |
22 | | order of the court concerning custody, visitation, or joint |
23 | | parenting, the court shall assess a $50 fine against the party |
24 | | in addition to any other penalty imposed unless the court |