Sen. John G. Mulroe
Filed: 11/8/2011
 
 


 




09700SB1047sam002LRB097 04751 RLC 59575 a



1
AMENDMENT TO SENATE BILL 1047




2 AMENDMENT NO. ______. Amend Senate Bill 1047 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Clerks of Courts Act is amended by changing 
5Section 27.3a as follows:



6 (705 ILCS 105/27.3a)


7 (Text of Section before amendment by P.A. 97-46)
8 Sec. 27.3a. Fees for automated record keeping, probation 
9and court services operations, and State Police operations. 

10 1. The expense of establishing and maintaining automated 
11record
keeping systems in the offices of the clerks of the 
12circuit court shall
be borne by the county. To defray such 
13expense in any county having
established such an automated 
14system or which elects to establish such a
system, the county 
15board may require the clerk of the circuit court in
their 
16county to charge and collect a court automation fee of not less 
 
 
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1than
$1 nor more than $15 to be charged and collected by the 
2clerk of the court.
Such fee shall be paid at the time of 
3filing the first pleading, paper or
other appearance filed by 
4each party in all civil cases or by the defendant
in any 
5felony, traffic, misdemeanor, municipal ordinance, or 
6conservation
case upon a judgment of guilty or grant of 
7supervision, provided that
the record keeping system which 
8processes the case
category for which the fee is charged is 
9automated or has been approved for
automation by the county 
10board, and provided further that no additional fee
shall be 
11required if more than one party is presented in a single 
12pleading,
paper or other appearance. Such fee shall be 
13collected in the manner in
which all other fees or costs are 
14collected.

15 1.1. Starting on the effective date of this amendatory Act 
16of the 97th General Assembly and pursuant to an administrative 
17order from the chief judge of the circuit or the presiding 
18judge of the county authorizing such collection, a clerk of the 
19circuit court in any county that imposes a fee pursuant to 
20subsection 1 of this Section shall also charge and collect an 
21additional $10 operations fee for probation and court services 
22department operations.
23 This additional fee shall be paid by the defendant in any 
24felony, traffic, misdemeanor, local ordinance, or conservation 
25case upon a judgment of guilty or grant of supervision, except 
26such $10 operations fee shall not be charged and collected in 
 
 
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1cases governed by Supreme Court Rule 529 in which the bail 
2amount is $120 or less. 
3 1.2. With respect to the fee imposed and collected under 
4subsection 1.1 of this Section, each clerk shall transfer all 
5fees monthly to the county treasurer for deposit into the 
6probation and court services fund created under Section 15.1 of 
7the Probation and Probation Officers Act, and such monies shall 
8be disbursed from the fund only at the direction of the chief 
9judge of the circuit or another judge designated by the Chief 
10Circuit Judge in accordance with the policies and guidelines 
11approved by the Supreme Court. 
12 1.5. Starting on the effective date of this amendatory Act 
13of the 96th General Assembly, a clerk of the circuit court in 
14any county that imposes a fee pursuant to subsection 1 of this 
15Section, shall charge and collect an additional fee in an 
16amount equal to the amount of the fee imposed pursuant to 
17subsection 1 of this Section. This additional fee shall be paid 
18by the defendant in any felony, traffic, misdemeanor, local 
19ordinance, or conservation case upon a judgment of guilty or 
20grant of supervision. 
21 2. With respect to the fee imposed under subsection 1 of 
22this Section, each clerk shall commence such charges and 
23collections upon receipt
of written notice from the chairman of 
24the county board together with a
certified copy of the board's 
25resolution, which the clerk shall file of
record in his office.

26 3. With respect to the fee imposed under subsection 1 of 
 
 
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1this Section, such fees shall be in addition to all other fees 
2and charges of such
clerks, and assessable as costs, and may be 
3waived only if the judge
specifically provides for the waiver 
4of the court automation fee. The
fees shall be remitted monthly 
5by such clerk to the county treasurer, to be
retained by him in 
6a special fund designated as the court automation fund.
The 
7fund shall be audited by the county auditor, and the board 
8shall make
expenditure from the fund in payment of any cost 
9related to the automation
of court records, including hardware, 
10software, research and development
costs and personnel related 
11thereto, provided that the expenditure is
approved by the clerk 
12of the court and by the chief judge of the circuit
court or his 
13designate.

14 4. With respect to the fee imposed under subsection 1 of 
15this Section, such fees shall not be charged in any matter 
16coming to any such clerk
on change of venue, nor in any 
17proceeding to review the decision of any
administrative 
18officer, agency or body.

19 5. With respect to the additional fee imposed under 
20subsection 1.5 of this Section, the fee shall be remitted by 
21the circuit clerk to the State Treasurer within one month after 
22receipt for deposit into the State Police Operations Assistance 
23Fund.
24 6. With respect to the additional fees imposed under 
25subsection 1.5 of this Section, the Director of State Police 
26may direct the use of these fees for homeland security purposes 
 
 
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1by transferring these fees on a quarterly basis from the State 
2Police Operations Assistance Fund into the Illinois Law 
3Enforcement Alarm Systems (ILEAS) Fund for homeland security 
4initiatives programs. The transferred fees shall be allocated, 
5subject to the approval of the ILEAS Executive Board, as 
6follows: (i) 66.6% shall be used for homeland security 
7initiatives and (ii) 33.3% shall be used for airborne 
8operations. The ILEAS Executive Board shall annually supply the 
9Director of State Police with a report of the use of these 
10fees. 
11(Source: P.A. 96-1029, eff. 7-13-10; 97-453, eff. 8-19-11.)


12 (Text of Section after amendment by P.A. 97-46)

13 Sec. 27.3a. Fees for automated record keeping, probation 
14and court services operations, and State and Conservation 
15Police operations. 

16 1. The expense of establishing and maintaining automated 
17record
keeping systems in the offices of the clerks of the 
18circuit court shall
be borne by the county. To defray such 
19expense in any county having
established such an automated 
20system or which elects to establish such a
system, the county 
21board may require the clerk of the circuit court in
their 
22county to charge and collect a court automation fee of not less 
23than
$1 nor more than $15 to be charged and collected by the 
24clerk of the court.
Such fee shall be paid at the time of 
25filing the first pleading, paper or
other appearance filed by 
 
 
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1each party in all civil cases or by the defendant
in any 
2felony, traffic, misdemeanor, municipal ordinance, or 
3conservation
case upon a judgment of guilty or grant of 
4supervision, provided that
the record keeping system which 
5processes the case
category for which the fee is charged is 
6automated or has been approved for
automation by the county 
7board, and provided further that no additional fee
shall be 
8required if more than one party is presented in a single 
9pleading,
paper or other appearance. Such fee shall be 
10collected in the manner in
which all other fees or costs are 
11collected.

12 1.1. Starting on the effective date of this amendatory Act 
13of the 97th General Assembly and pursuant to an administrative 
14order from the chief judge of the circuit or the presiding 
15judge of the county authorizing such collection, a clerk of the 
16circuit court in any county that imposes a fee pursuant to 
17subsection 1 of this Section shall also charge and collect an 
18additional $10 operations fee for probation and court services 
19department operations.
20 This additional fee shall be paid by the defendant in any 
21felony, traffic, misdemeanor, local ordinance, or conservation 
22case upon a judgment of guilty or grant of supervision, except 
23such $10 operations fee shall not be charged and collected in 
24cases governed by Supreme Court Rule 529 in which the bail 
25amount is $120 or less. 
26 1.2. With respect to the fee imposed and collected under 
 
 
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1subsection 1.1 of this Section, each clerk shall transfer all 
2fees monthly to the county treasurer for deposit into the 
3probation and court services fund created under Section 15.1 of 
4the Probation and Probation Officers Act, and such monies shall 
5be disbursed from the fund only at the direction of the chief 
6judge of the circuit or another judge designated by the Chief 
7Circuit Judge in accordance with the policies and guidelines 
8approved by the Supreme Court. 
9 1.5. Starting on the effective date of this amendatory Act 
10of the 96th General Assembly, a clerk of the circuit court in 
11any county that imposes a fee pursuant to subsection 1 of this 
12Section, shall charge and collect an additional fee in an 
13amount equal to the amount of the fee imposed pursuant to 
14subsection 1 of this Section. This additional fee shall be paid 
15by the defendant in any felony, traffic, misdemeanor, or local 
16ordinance case upon a judgment of guilty or grant of 
17supervision. This fee shall not be paid by the defendant for 
18any conservation violation listed in subsection 1.6 of this 
19Section.
20 1.6. Starting on July 1, 2012 (the effective date of Public 
21Act 97-46) this amendatory Act of the 97th General Assembly, a 
22clerk of the circuit court in any county that imposes a fee 
23pursuant to subsection 1 of this Section shall charge and 
24collect an additional fee in an amount equal to the amount of 
25the fee imposed pursuant to subsection 1 of this Section. This 
26additional fee shall be paid by the defendant upon a judgment 
 
 
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1of guilty or grant of supervision for a conservation violation 
2under the State Parks Act, the Recreational Trails of Illinois 
3Act, the Illinois Explosives Act, the Timber Buyers Licensing 
4Act, the Forest Products Transportation Act, the Firearm Owners 
5Identification Card Act, the Environmental Protection Act, the 
6Fish and Aquatic Life Code, the Wildlife Code, the Cave 
7Protection Act, the Illinois Exotic Weed Act, the Illinois 
8Forestry Development Act, the Ginseng Harvesting Act, the 
9Illinois Lake Management Program Act, the Illinois Natural 
10Areas Preservation Act, the Illinois Open Land Trust Act, the 
11Open Space Lands Acquisition and Development Act, the Illinois 
12Prescribed Burning Act, the State Forest Act, the Water Use Act 
13of 1983, the Illinois Youth and Young Adult Employment Act of 
141986, the Snowmobile Registration and Safety Act, the Boat 
15Registration and Safety Act, the Illinois Dangerous Animals 
16Act, the Hunter and Fishermen Interference Prohibition Act, the 
17Wrongful Tree Cutting Act, or Section 11-1426.1, 11-1426.2, 
1811-1427, 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 
1911-1427.5 of the Illinois Vehicle Code. 
20 2. With respect to the fee imposed under subsection 1 of 
21this Section, each clerk shall commence such charges and 
22collections upon receipt
of written notice from the chairman of 
23the county board together with a
certified copy of the board's 
24resolution, which the clerk shall file of
record in his office.

25 3. With respect to the fee imposed under subsection 1 of 
26this Section, such fees shall be in addition to all other fees 
 
 
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1and charges of such
clerks, and assessable as costs, and may be 
2waived only if the judge
specifically provides for the waiver 
3of the court automation fee. The
fees shall be remitted monthly 
4by such clerk to the county treasurer, to be
retained by him in 
5a special fund designated as the court automation fund.
The 
6fund shall be audited by the county auditor, and the board 
7shall make
expenditure from the fund in payment of any cost 
8related to the automation
of court records, including hardware, 
9software, research and development
costs and personnel related 
10thereto, provided that the expenditure is
approved by the clerk 
11of the court and by the chief judge of the circuit
court or his 
12designate.

13 4. With respect to the fee imposed under subsection 1 of 
14this Section, such fees shall not be charged in any matter 
15coming to any such clerk
on change of venue, nor in any 
16proceeding to review the decision of any
administrative 
17officer, agency or body.

18 5. With respect to the additional fee imposed under 
19subsection 1.5 of this Section, the fee shall be remitted by 
20the circuit clerk to the State Treasurer within one month after 
21receipt for deposit into the State Police Operations Assistance 
22Fund. 
23 6. With respect to the additional fees imposed under 
24subsection 1.5 of this Section, the Director of State Police 
25may direct the use of these fees for homeland security purposes 
26by transferring these fees on a quarterly basis from the State 
 
 
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1Police Operations Assistance Fund into the Illinois Law 
2Enforcement Alarm Systems (ILEAS) Fund for homeland security 
3initiatives programs. The transferred fees shall be allocated, 
4subject to the approval of the ILEAS Executive Board, as 
5follows: (i) 66.6% shall be used for homeland security 
6initiatives and (ii) 33.3% shall be used for airborne 
7operations. The ILEAS Executive Board shall annually supply the 
8Director of State Police with a report of the use of these 
9fees. 
10 7. 6. With respect to the additional fee imposed under 
11subsection 1.6 of this Section, the fee shall be remitted by 
12the circuit clerk to the State Treasurer within one month after 
13receipt for deposit into the Conservation Police Operations 
14Assistance Fund. 
15(Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12; 
1697-453, eff. 8-19-11; revised 10-4-11.)


17 Section 10. The Probation and Probation Officers Act is 
18amended by changing Section 15.1 as follows:

19 (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
20 Sec. 15.1. Probation and Court Services Fund.

21 (a) The county treasurer in each county shall establish a

22probation and court services fund consisting of fees collected 
23pursuant to
subsection (i) of Section 5-6-3 and subsection (i) 
24of Section 5-6-3.1
of the Unified Code of Corrections, 
 
 
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1subsection (10) of Section 5-615
and
subsection (5) of Section 
25-715 of the Juvenile Court Act of 1987, and
paragraph 14.3 of 
3subsection (b) of Section 110-10 of the Code of Criminal

4Procedure of 1963.
The
county treasurer shall disburse monies 
5from the fund only at the direction
of the chief judge of the 
6circuit court in such circuit where the county is
located. The 
7county treasurer of each county shall, on or before January
10 
8of each year, submit an annual report to the Supreme Court.


9 (b) Monies in the probation and court services fund shall 
10be
appropriated by the county board to be used within the 
11county or
jurisdiction where
collected in accordance
with 
12policies and guidelines approved by the Supreme Court for the 
13costs
of operating the probation and court services department 
14or departments;
however, except as provided in subparagraphs 
15subparagraph (g) and (h), monies
in the probation and court 
16services fund shall not be used for the payment
of salaries of 
17probation and court services personnel.


18 (c) Monies expended from the probation and court services 
19fund shall
be used to supplement, not supplant, county 
20appropriations for probation
and court services.


21 (d) Interest earned on monies deposited in a probation and 
22court
services fund may be used by the county for its ordinary 
23and contingent
expenditures.


24 (e) The county board may appropriate moneys from the 
25probation and court
services fund, upon the direction of the 
26chief judge, to support programs that
are part of the continuum 
 
 
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1of juvenile delinquency intervention programs which
are or may 
2be developed within the county. The grants from the probation 
3and
court services fund shall be for no more than one year and 
4may be used for any
expenses attributable to the program 
5including administration and oversight of
the program by the 
6probation department.


7 (f) The county board may appropriate moneys from the 
8probation and court
services fund, upon the direction of the 
9chief judge, to support practices
endorsed or required under 
10the Sex Offender Management Board Act, including but
not 
11limited to sex offender evaluation, treatment, and monitoring 
12programs that
are or may be developed within the county.


13 (g) For the State Fiscal Years 2005, 2006, and 2007
only, 
14the Administrative Office of the Illinois Courts may permit a 
15county or circuit to use its probation and court services fund 
16for the payment of salaries of probation officers and other 
17court services personnel whose salaries are reimbursed under 
18this Act if the State's FY2005, FY2006, or FY2007 appropriation 
19to the Supreme Court for reimbursement to counties for 
20probation salaries and services is less than the amount 
21appropriated to the Supreme Court for these
purposes for State 
22Fiscal Year 2004. The Administrative Office of the Illinois 
23Courts shall take into account each county's or circuit's 
24probation fee collections and expenditures when apportioning 
25the total reimbursement for each county or circuit.

26 (h) The Administrative Office of the Illinois Courts may 
 
 
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1permit a county or circuit to use its probation and court 
2services fund for the payment of salaries of probation officers 
3and other court services personnel whose salaries are 
4reimbursed under this Act in any State fiscal year that the 
5appropriation for reimbursement to counties for probation 
6salaries and services is less than the amount appropriated to 
7the Supreme Court for these purposes for State Fiscal Year 
82002, except that the Administrative Office of the Illinois 
9Courts shall adjust this amount appropriated in 2002 by 3% per 
10year and may continue to permit use of the probation and court 
11services fund for salaries in any State fiscal year where the 
12State reimbursement to counties is regularly delayed more than 
134 months. The Administrative Office of the Illinois Courts 
14shall take into account each county's or circuit's probation 
15fee collections and expenditures when appropriating the total 
16reimbursement for each county or circuit. Any amount 
17appropriated to the Supreme Court in any State fiscal year for 
18the purpose of reimbursing Cook County for the salaries and 
19operations of the Cook County Juvenile Temporary Detention 
20Center shall not be counted in the total appropriation to the 
21Supreme Court in that State fiscal year for reimbursement to 
22counties for probation salaries and services, for the purposes 
23of this paragraph (h). 
24(Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707, 
25eff. 1-11-08.)



 
 
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1 Section 95. No acceleration or delay. Where this Act makes 
2changes in a statute that is represented in this Act by text 
3that is not yet or no longer in effect (for example, a Section 
4represented by multiple versions), the use of that text does 
5not accelerate or delay the taking effect of (i) the changes 
6made by this Act or (ii) provisions derived from any other 
7Public Act.

8 Section 99. Effective date. This Act takes effect upon 
9becoming law.".