Bill Text: IL SB0544 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Public Library District Act of 1991. Makes a technical change in a Section concerning the establishment of library districts and libraries.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2013-01-08 - Session Sine Die [SB0544 Detail]
Download: Illinois-2011-SB0544-Amended.html
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| 1 | AMENDMENT TO SENATE BILL 544
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 544 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Counties Code is amended by changing | ||||||
| 5 | Section 5-1101 as follows:
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| 6 | (55 ILCS 5/5-1101) (from Ch. 34, par. 5-1101)
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| 7 | Sec. 5-1101. Additional fees and fines to finance court | ||||||
| 8 | system.
A county board may enact by ordinance or resolution the | ||||||
| 9 | following fees:
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| 10 | (a) A $5 fee to be paid by the defendant on a judgment of | ||||||
| 11 | guilty or a grant
of supervision for violation of the Illinois | ||||||
| 12 | Vehicle Code other than Section
11-501 or violations of similar | ||||||
| 13 | provisions contained in county or municipal
ordinances | ||||||
| 14 | committed in the county, and up to a $30 fee to be paid by the
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| 15 | defendant on a judgment of guilty or a grant of supervision for | ||||||
| 16 | violation of
Section 11-501 of the Illinois Vehicle Code or a | ||||||
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| 1 | violation of a similar
provision contained in county or | ||||||
| 2 | municipal ordinances committed in the county.
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| 3 | (b) In the case of a county having a population of | ||||||
| 4 | 1,000,000 or less,
a $5 fee to be collected in all civil cases | ||||||
| 5 | by the clerk of the circuit court.
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| 6 | (c) A fee to be paid by the defendant on a judgment of | ||||||
| 7 | guilty or a grant of
supervision, as follows:
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| 8 | (1) for a felony, $50;
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| 9 | (2) for a class A misdemeanor, $25;
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| 10 | (3) for a class B or class C misdemeanor, $15;
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| 11 | (4) for a petty offense, $10;
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| 12 | (5) for a business offense, $10.
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| 13 | (d) A $100 fee for the second and subsequent violations of | ||||||
| 14 | Section
11-501 of the Illinois Vehicle Code or violations of | ||||||
| 15 | similar provisions
contained in county or municipal ordinances | ||||||
| 16 | committed in the county. The
proceeds of this fee shall be | ||||||
| 17 | placed in the county general fund and used to
finance education | ||||||
| 18 | programs related to driving under the influence of alcohol or
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| 19 | drugs.
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| 20 | (d-5) A $10 fee to be paid by the defendant on a judgment | ||||||
| 21 | of guilty or a grant of supervision under Section 5-9-1 of the | ||||||
| 22 | Unified Code of Corrections to be placed in the county general | ||||||
| 23 | fund and used to finance the county mental health court, the | ||||||
| 24 | county drug court, the Veterans and Servicemembers Court, or | ||||||
| 25 | any or all of the above. | ||||||
| 26 | (e) In each county in which a teen court, peer court, peer | ||||||
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| 1 | jury, youth
court, or
other
youth diversion program has been | ||||||
| 2 | created, a county may adopt a mandatory fee
of up to $5 to be | ||||||
| 3 | assessed as provided in this subsection. Assessments
collected
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| 4 | by the clerk of the circuit court pursuant to this subsection | ||||||
| 5 | must be deposited
into an
account specifically for the | ||||||
| 6 | operation and administration of a teen court, peer
court, peer | ||||||
| 7 | jury, youth court, or other youth diversion program. The clerk | ||||||
| 8 | of
the
circuit court shall collect the fees established in this | ||||||
| 9 | subsection and must
remit the
fees to the teen court, peer | ||||||
| 10 | court, peer jury, youth court, or other youth
diversion
program | ||||||
| 11 | monthly, less 5%, which is to be retained as fee income to the | ||||||
| 12 | office
of
the clerk of the circuit court. The fees are to be | ||||||
| 13 | paid as follows:
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| 14 | (1) a fee of up to $5 paid by the defendant on a | ||||||
| 15 | judgment of guilty or
grant of supervision for violation of | ||||||
| 16 | the Illinois Vehicle Code or violations
of similar | ||||||
| 17 | provisions contained in county or municipal ordinances | ||||||
| 18 | committed in
the
county;
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| 19 | (2) a fee of up to $5 paid by the defendant on a | ||||||
| 20 | judgment of guilty or
grant of supervision under Section | ||||||
| 21 | 5-9-1 of the Unified Code of Corrections for
a
felony; for | ||||||
| 22 | a Class A, Class B, or Class C misdemeanor; for a petty | ||||||
| 23 | offense;
and
for a business offense.
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| 24 | (f) In each county in which a drug court has been created, | ||||||
| 25 | the county may adopt a mandatory fee of up to $5 to be assessed | ||||||
| 26 | as provided in this subsection. Assessments collected by the | ||||||
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| 1 | clerk of the circuit court pursuant to this subsection must be | ||||||
| 2 | deposited into an account specifically for the operation and | ||||||
| 3 | administration of the drug court. The clerk of the circuit | ||||||
| 4 | court shall collect the fees established in this subsection and | ||||||
| 5 | must remit the fees to the drug court, less 5%, which is to be | ||||||
| 6 | retained as fee income to the office of the clerk of the | ||||||
| 7 | circuit court. The fees are to be paid as follows: | ||||||
| 8 | (1) a fee of up to $5 paid by the defendant on a | ||||||
| 9 | judgment of guilty or grant of supervision for a violation | ||||||
| 10 | of the Illinois Vehicle Code or a violation of a similar | ||||||
| 11 | provision contained in a county or municipal ordinance | ||||||
| 12 | committed in the county; or | ||||||
| 13 | (2) a fee of up to $5 paid by the defendant on a | ||||||
| 14 | judgment of guilty or a grant of supervision under Section | ||||||
| 15 | 5-9-1 of the Unified Code of Corrections for a felony; for | ||||||
| 16 | a Class A, Class B, or Class C misdemeanor; for a petty | ||||||
| 17 | offense; and for a business offense. | ||||||
| 18 |
The clerk of the circuit court shall deposit the 5% | ||||||
| 19 | retained under this subsection into the Circuit Court Clerk | ||||||
| 20 | Operation and Administrative Fund to be used to defray the | ||||||
| 21 | costs of collection and disbursement of the drug court fee. | ||||||
| 22 | (f-5) In each county in which a Children's Advocacy Center | ||||||
| 23 | provides services, the county board may adopt a mandatory fee | ||||||
| 24 | of between $5 and $30 to be paid by the defendant on a judgment | ||||||
| 25 | of guilty or a grant of supervision under Section 5-9-1 of the | ||||||
| 26 | Unified Code of Corrections for a felony; for a Class A, Class | ||||||
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| 1 | B, or Class C misdemeanor; for a petty offense; and for a | ||||||
| 2 | business offense. Assessments shall be collected by the clerk | ||||||
| 3 | of the circuit court and must be deposited into an account | ||||||
| 4 | specifically for the operation and administration of the | ||||||
| 5 | Children's Advocacy Center. The clerk of the circuit court | ||||||
| 6 | shall collect the fees as provided in this subsection, and must | ||||||
| 7 | remit the fees to the Children's Advocacy Center.
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| 8 | (f-10) In each county in which the Court Appointed Special | ||||||
| 9 | Advocates provide services, the county board may, in addition | ||||||
| 10 | to any fine imposed under Section 5-9-1 of the Unified Code of | ||||||
| 11 | Corrections, adopt a mandatory fine of between $10 and $30 to | ||||||
| 12 | be paid by the defendant on a judgment of guilty or a grant of | ||||||
| 13 | supervision for any violation of Articles 9, 10, 11, 12, or | ||||||
| 14 | Section 33D-1 of the Criminal Code of 1961, or Section 2 of the | ||||||
| 15 | Neglected Children Offense Act. Assessments shall be collected | ||||||
| 16 | by the clerk of the circuit court and must be deposited into an | ||||||
| 17 | account specifically for the operations of the Court Appointed | ||||||
| 18 | Special Advocates. The clerk of the circuit court shall collect | ||||||
| 19 | the fines as provided in this subsection and must remit the | ||||||
| 20 | fines to the Court Appointed Special Advocates Fund that the | ||||||
| 21 | county board shall create for the receipt of funds collected | ||||||
| 22 | under this subsection, and from which the county board shall | ||||||
| 23 | make grants to support the activities and services of the Court | ||||||
| 24 | Appointed Special Advocates within that county. The term "Court | ||||||
| 25 | Appointed Special Advocates" is copyrighted and is used with | ||||||
| 26 | permission of the holder of the copyright. | ||||||
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| 1 | (g) The proceeds of all fees and fines enacted under this | ||||||
| 2 | Section must, except as
provided in subsections (d), (d-5),
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| 3 | (e), and (f), and (f-10) be placed
in the
county general fund | ||||||
| 4 | and used to
finance the court system in the county, unless the | ||||||
| 5 | fee is subject to
disbursement by the circuit clerk as provided | ||||||
| 6 | under Section 27.5 of the Clerks
of Courts Act.
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| 7 | (Source: P.A. 95-103, eff. 1-1-08; 95-331, eff. 8-21-07; | ||||||
| 8 | 96-328, eff. 8-11-09; 96-924, eff. 6-14-10.)".
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| 9 | Section 99. Effective date. This Act takes effect July 1, | ||||||
| 10 | 2011.".
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