Bill Text: IL SB0575 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Criminal and Traffic Assessment Act. Provides that the county treasurer or the treasurer of the unit of local government shall (rather than may) create the following funds, if not already in existence: the Court Automation Fund; the Document Storage Fund; the Circuit Clerk Operations and Administration Fund; the State's Attorney Records Automation Fund; the Public Defender Records Automation Fund; the Circuit Court Clerk Electronic Citation Fund; and, in each county where a Children's Advocacy Center provides services, the Child Advocacy Center Fund.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB0575 Detail]

Download: Illinois-2021-SB0575-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB0575 Introduced 2/23/2021, by Sen. Brian W. Stewart SYNOPSIS AS INTRODUCED:
705 ILCS 135/10-5
Amends the Criminal and Traffic Assessment Act. Provides that the county treasurer or the treasurer of the unit of local government shall (rather than may) create the following funds, if not already in existence: the Court Automation Fund; the Document Storage Fund; the Circuit Clerk Operations and Administration Fund; the State's Attorney Records Automation Fund; the Public Defender Records Automation Fund; the Circuit Court Clerk Electronic Citation Fund; and, in each county where a Children's Advocacy Center provides services, the Child Advocacy Center Fund.
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A BILL FOR
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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal and Traffic Assessment Act is
amended by changing Section 10-5 as follows:
(705 ILCS 135/10-5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 10-5. Funds.
(a) All money collected by the Clerk of the Circuit Court
under Article 15 of this Act shall be remitted as directed in
Article 15 of this Act to the county treasurer, to the State
Treasurer, and to the treasurers of the units of local
government. If an amount payable to any of the treasurers is
less than $10, the clerk may postpone remitting the money
until $10 has accrued or by the end of fiscal year. The
treasurers shall deposit the money as indicated in the
schedules, except, in a county with a population of over
3,000,000, money remitted to the county treasurer shall be
subject to appropriation by the county board. Any amount
retained by the Clerk of the Circuit Court in a county with a
population of over 3,000,000 shall be subject to appropriation
by the county board.
(b) The county treasurer or the treasurer of the unit of

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local government shall may create the funds indicated in
paragraphs (1) through (5), (9), and (16) of subsection (d) of
this Section, if not already in existence. If a county or unit
of local government has not instituted, and does not plan to
institute a program that uses a particular fund, the treasurer
need not create the fund and may instead deposit the money
intended for the fund into the general fund of the county or
unit of local government for use in financing the court
system.
(c) If the arresting agency is a State agency, the
arresting agency portion shall be remitted by the clerk of
court to the State Treasurer who shall deposit the portion as
follows:
(1) if the arresting agency is the Department of State
Police, into the State Police Law Enforcement
Administration Fund;
(2) if the arresting agency is the Department of
Natural Resources, into the Conservation Police Operations
Assistance Fund;
(3) if the arresting agency is the Secretary of State,
into the Secretary of State Police Services Fund; and
(4) if the arresting agency is the Illinois Commerce
Commission, into the Transportation Regulatory Fund.
(d) Fund descriptions and provisions:
(1) The Court Automation Fund is to defray the
expense, borne by the county, of establishing and

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maintaining automated record keeping systems in the Office
of the Clerk of the Circuit Court. The money shall be
remitted monthly by the clerk to the county treasurer and
identified as funds for the Circuit Court Clerk. The fund
shall be audited by the county auditor, and the board
shall make expenditures from the fund in payment of any
costs related to the automation of court records including
hardware, software, research and development costs, and
personnel costs related to the foregoing, provided that
the expenditure is approved by the clerk of the court and
by the chief judge of the circuit court or his or her
designee.
(2) The Document Storage Fund is to defray the
expense, borne by the county, of establishing and
maintaining a document storage system and converting the
records of the circuit court clerk to electronic or
micrographic storage. The money shall be remitted monthly
by the clerk to the county treasurer and identified as
funds for the circuit court clerk. The fund shall be
audited by the county auditor, and the board shall make
expenditure from the fund in payment of any cost related
to the storage of court records, including hardware,
software, research and development costs, and personnel
costs related to the foregoing, provided that the
expenditure is approved by the clerk of the court.
(3) The Circuit Clerk Operations and Administration

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Fund may be used to defray the expenses incurred for
collection and disbursement of the various assessment
schedules. The money shall be remitted monthly by the
clerk to the county treasurer and identified as funds for
the circuit court clerk.
(4) The State's Attorney Records Automation Fund is to
defray the expense of establishing and maintaining
automated record keeping systems in the offices of the
State's Attorney. The money shall be remitted monthly by
the clerk to the county treasurer for deposit into the
State's Attorney Records Automation Fund. Expenditures
from this fund may be made by the State's Attorney for
hardware, software, and research and development related
to automated record keeping systems.
(5) The Public Defender Records Automation Fund is to
defray the expense of establishing and maintaining
automated record keeping systems in the offices of the
Public Defender. The money shall be remitted monthly by
the clerk to the county treasurer for deposit into the
Public Defender Records Automation Fund. Expenditures from
this fund may be made by the Public Defender for hardware,
software, and research and development related to
automated record keeping systems.
(6) The DUI Fund shall be used for enforcement and
prevention of driving while under the influence of
alcohol, other drug or drugs, intoxicating compound or

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compounds or any combination thereof, as defined by
Section 11-501 of the Illinois Vehicle Code, including,
but not limited to, the purchase of law enforcement
equipment and commodities that will assist in the
prevention of alcohol-related criminal violence throughout
the State; police officer training and education in areas
related to alcohol-related crime, including, but not
limited to, DUI training; and police officer salaries,
including, but not limited to, salaries for hire-back
funding for safety checkpoints, saturation patrols, and
liquor store sting operations. Any moneys shall be used to
purchase law enforcement equipment that will assist in the
prevention of alcohol-related criminal violence throughout
the State. The money shall be remitted monthly by the
clerk to the State or local treasurer for deposit as
provided by law.
(7) The Trauma Center Fund shall be distributed as
provided under Section 3.225 of the Emergency Medical
Services (EMS) Systems Act.
(8) The Probation and Court Services Fund is to be
expended as described in Section 15.1 of the Probation and
Probation Officers Act.
(9) The Circuit Court Clerk Electronic Citation Fund
shall have the Circuit Court Clerk as the custodian, ex
officio, of the Fund and shall be used to perform the
duties required by the office for establishing and

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maintaining electronic citations. The Fund shall be
audited by the county's auditor.
(10) The Drug Treatment Fund is a special fund in the
State treasury. Moneys in the Fund shall be expended as
provided in Section 411.2 of the Illinois Controlled
Substances Act.
(11) The Violent Crime Victims Assistance Fund is a
special fund in the State treasury to provide moneys for
the grants to be awarded under the Violent Crime Victims
Assistance Act.
(12) The Criminal Justice Information Projects Fund
shall be appropriated to and administered by the Illinois
Criminal Justice Information Authority for distribution to
fund Department of State Police drug task forces and
Metropolitan Enforcement Groups, for the costs associated
with making grants from the Prescription Pill and Drug
Disposal Fund, for undertaking criminal justice
information projects, and for the operating and other
expenses of the Authority incidental to those criminal
justice information projects. The moneys deposited into
the Criminal Justice Information Projects Fund under
Sections 15-15 and 15-35 of this Act shall be appropriated
to and administered by the Illinois Criminal Justice
Information Authority for distribution to fund Department
of State Police drug task forces and Metropolitan
Enforcement Groups by dividing the funds equally by the

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total number of Department of State Police drug task
forces and Illinois Metropolitan Enforcement Groups.
(13) The Sexual Assault Services Fund shall be
appropriated to the Department of Public Health. Upon
appropriation of moneys from the Sexual Assault Services
Fund, the Department of Public Health shall make grants of
these moneys to sexual assault organizations with whom the
Department has contracts for the purpose of providing
community-based services to victims of sexual assault.
Grants are in addition to, and are not substitutes for,
other grants authorized and made by the Department.
(14) The County Jail Medical Costs Fund is to help
defray the costs outlined in Section 17 of the County Jail
Act. Moneys in the Fund shall be used solely for
reimbursement to the county of costs for medical expenses
and administration of the Fund.
(15) The Prisoner Review Board Vehicle and Equipment
Fund is a special fund in the State treasury. The Prisoner
Review Board shall, subject to appropriation by the
General Assembly and approval by the Secretary, use all
moneys in the Prisoner Review Board Vehicle and Equipment
Fund for the purchase and operation of vehicles and
equipment.
(16) In each county in which a Children's Advocacy
Center provides services, a Child Advocacy Center Fund is
specifically for the operation and administration of the

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Children's Advocacy Center, from which the county board
shall make grants to support the activities and services
of the Children's Advocacy Center within that county.
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
101-636, eff. 6-10-20.)