Bill Text: IL SB1328 | 2017-2018 | 100th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Unified Code of Corrections. Provides that the $25 assessment for drug related offenses appropriated to and administered by the Illinois Criminal Justice Information Authority shall be distributed to fund Department of State Police drug task forces and Metropolitan Enforcement Groups by dividing the funds equally by the total number of Department of State Police drug task forces and Illinois Metropolitan Enforcement Groups.

Spectrum: Bipartisan Bill

Status: (Passed) 2018-12-20 - Public Act . . . . . . . . . 100-1161 [SB1328 Detail]

Download: Illinois-2017-SB1328-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 15-113 as follows:
(625 ILCS 5/15-113) (from Ch. 95 1/2, par. 15-113)
(Text of Section before amendment by P.A. 100-987)
Sec. 15-113. Violations; Penalties.
(a) Whenever any vehicle is operated in violation of the
provisions of Section 15-111 or subsection (d) of Section
3-401, the owner or driver of such vehicle shall be deemed
guilty of such violation and either the owner or the driver of
such vehicle may be prosecuted for such violation. Any person
charged with a violation of any of these provisions who pleads
not guilty shall be present in court for the trial on the
charge. Any person, firm or corporation convicted of any
violation of Section 15-111 including, but not limited to, a
maximum axle or gross limit specified on a regulatory sign
posted in accordance with paragraph (e) or (f) of Section
15-111, shall be fined according to the following schedule:
Up to and including 2000 pounds overweight, the fine is $100

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From 2001 through 2500 pounds overweight, the fine is $270
From 2501 through 3000 pounds overweight, the fine is $330
From 3001 through 3500 pounds overweight, the fine is $520
From 3501 through 4000 pounds overweight, the fine is $600
From 4001 through 4500 pounds overweight, the fine is $850
From 4501 through 5000 pounds overweight, the fine is $950
From 5001 or more pounds overweight, the fine shall be computed
by assessing $1500 for the first 5000 pounds overweight and
$150 for each additional increment of 500 pounds overweight or
fraction thereof.
In addition any person, firm or corporation convicted of 4
or more violations of Section 15-111 within any 12 month period
shall be fined an additional amount of $5,000 for the fourth
and each subsequent conviction within the 12 month period.
Provided, however, that with regard to a firm or corporation, a
fourth or subsequent conviction shall mean a fourth or
subsequent conviction attributable to any one employee-driver.
(b) Whenever any vehicle is operated in violation of the
provisions of Sections 15-102, 15-103 or 15-107, the owner or

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driver of such vehicle shall be deemed guilty of such violation
and either may be prosecuted for such violation. Any person,
firm or corporation convicted of any violation of Sections
15-102, 15-103 or 15-107 shall be fined for the first or second
conviction an amount equal to not less than $50 nor more than
$500, and for the third and subsequent convictions by the same
person, firm or corporation within a period of one year after
the date of the first offense, not less than $500 nor more than
$1,000.
(c) All proceeds of the additional fines imposed by this
amendatory Act of the 96th General Assembly shall be deposited
into the Capital Projects Fund.
(Source: P.A. 96-34, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-201,
eff. 1-1-12.)
(Text of Section after amendment by P.A. 100-987)
Sec. 15-113. Violations; Penalties.
(a) Whenever any vehicle is operated in violation of the
provisions of Section 15-111 or subsection (d) of Section
3-401, the owner or driver of such vehicle shall be deemed
guilty of such violation and either the owner or the driver of
such vehicle may be prosecuted for such violation. Any person
charged with a violation of any of these provisions who pleads
not guilty shall be present in court for the trial on the
charge. Any person, firm, or corporation convicted of any
violation of Section 15-111 including, but not limited to, a

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maximum axle or gross limit specified on a regulatory sign
posted in accordance with paragraph (e) or (f) of Section
15-111, shall be fined according to the following schedule:
Up to and including 2000 pounds overweight, the fine is $100
From 2001 through 2500 pounds overweight, the fine is $270
From 2501 through 3000 pounds overweight, the fine is $330
From 3001 through 3500 pounds overweight, the fine is $520
From 3501 through 4000 pounds overweight, the fine is $600
From 4001 through 4500 pounds overweight, the fine is $850
From 4501 through 5000 pounds overweight, the fine is $950
From 5001 or more pounds overweight, the fine shall be computed
by assessing $1500 for the first 5000 pounds overweight and
$150 for each additional increment of 500 pounds overweight or
fraction thereof.
In addition, any person, firm, or corporation convicted of
4 or more violations of Section 15-111 within any 12 month
period shall be fined an additional amount of $5,000 for the

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fourth and each subsequent conviction within the 12 month
period. Provided, however, that with regard to a firm or
corporation, a fourth or subsequent conviction shall mean a
fourth or subsequent conviction attributable to any one
employee-driver.
(b) Whenever any vehicle is operated in violation of the
provisions of Sections 15-102, 15-103 or 15-107, the owner or
driver of such vehicle shall be deemed guilty of such violation
and either may be prosecuted for such violation. Any person,
firm, or corporation convicted of any violation of Sections
15-102, 15-103 or 15-107 shall be fined for the first or second
conviction an amount equal to not less than $50 nor more than
$500, and for the third and subsequent convictions by the same
person, firm, or corporation within a period of one year after
the date of the first offense, not less than $500 nor more than
$1,000.
(c) All proceeds equal to 50% of the fines recovered
imposed under subsection (a) of this Section shall be remitted
to the State Treasurer and deposited into the Capital Projects
Fund.
(Source: P.A. 100-987, eff. 7-1-19.)
Section 10. The Clerks of Courts Act is amended by changing
Section 27.1b and by adding Section 27.1c as follows:
(705 ILCS 105/27.1b)

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(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on December 31, 2019)
Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
other provision of law, all fees charged by the clerks of the
circuit court for the services described in this Section shall
be established, collected, and disbursed in accordance with
this Section. Except as otherwise specified in this Section,
all fees under this Section shall be paid in advance and
disbursed by each clerk on a monthly basis. In a county with a
population of over 3,000,000, units of local government and
school districts shall not be required to pay fees under this
Section in advance and the clerk shall instead send an itemized
bill to the unit of local government or school district, within
30 days of the fee being incurred, and the unit of local
government or school district shall be allowed at least 30 days
from the date of the itemized bill to pay; these payments shall
be disbursed by each clerk on a monthly basis. Unless otherwise
specified in this Section, the amount of a fee shall be
determined by ordinance or resolution of the county board and
remitted to the county treasurer to be used for purposes
related to the operation of the court system in the county. In
a county with population of over 3,000,000, any amount retained
by the clerk of the circuit court or remitted to the county
treasurer shall be subject to appropriation by the county
board.

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(a) Civil cases. The fee for filing a complaint, petition,
or other pleading initiating a civil action shall be as set
forth in the applicable schedule under this subsection in
accordance with case categories established by the Supreme
Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $366 in a
county with a population of 3,000,000 or more and not to
exceed $316 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$190 through December 31, 2021 and $184 on and after
January 1, 2022. The fees collected under this schedule
shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of

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the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $290 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $250 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(2) SCHEDULE 2: not to exceed a total of $357 in a
county with a population of 3,000,000 or more and not to
exceed $266 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$190 through December 31, 2021 and $184 on and after
January 1, 2022. The fees collected under this schedule
shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative

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purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund: and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $281 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $200 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(3) SCHEDULE 3: not to exceed a total of $265 in a
county with a population of 3,000,000 or more and not to
exceed $89 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$190 through December 31, 2021 and $184 on and after
January 1, 2022. The fees collected under this schedule

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shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $22 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit $11 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts in accordance with the clerk's
instructions, as follows:
(i) $2 into the Access to Justice Fund; and
(ii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $199 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $56 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(4) SCHEDULE 4: $0.
(b) Appearance. The fee for filing an appearance in a civil
action, including a cannabis civil law action under the
Cannabis Control Act, shall be as set forth in the applicable

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schedule under this subsection in accordance with case
categories established by the Supreme Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $230 in a
county with a population of 3,000,000 or more and not to
exceed $191 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$75. The fees collected under this schedule shall be
disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special

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Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $159 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $125 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(2) SCHEDULE 2: not to exceed a total of $130 in a
county with a population of 3,000,000 or more and not to
exceed $109 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$75. The fees collected under this schedule shall be
disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and in an amount not to exceed $10 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit $9 to the State
Treasurer, which the State Treasurer shall deposit
into the Supreme Court Special Purpose Fund.
(C) The clerk shall remit a sum to the County

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Treasurer, in an amount not to exceed $71 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $90 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(3) SCHEDULE 3: $0.
(b-5) Kane County and Will County. In Kane County and Will
County civil cases, there is an additional fee of up to $30 as
set by the county board under Section 5-1101.3 of the Counties
Code to be paid by each party at the time of filing the first
pleading, paper, or other appearance; provided that no
additional fee shall be required if more than one party is
represented in a single pleading, paper, or other appearance.
Distribution of fees collected under this subsection (b-5)
shall be as provided in Section 5-1101.3 of the Counties Code.
(c) Counterclaim or third party complaint. When any
defendant files a counterclaim or third party complaint, as
part of the defendant's answer or otherwise, the defendant
shall pay a filing fee for each counterclaim or third party
complaint in an amount equal to the filing fee the defendant
would have had to pay had the defendant brought a separate
action for the relief sought in the counterclaim or third party
complaint, less the amount of the appearance fee, if any, that
the defendant has already paid in the action in which the
counterclaim or third party complaint is filed.

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(d) Alias summons. The clerk shall collect a fee not to
exceed $6 in a county with a population of 3,000,000 or more
and not to exceed $5 in any other county for each alias summons
or citation issued by the clerk, except as applied to units of
local government and school districts in counties with more
than 3,000,000 inhabitants an amount not to exceed $5 for each
alias summons or citation issued by the clerk.
(e) Jury services. The clerk shall collect, in addition to
other fees allowed by law, a sum not to exceed $212.50, as a
fee for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every other
action wherein the right of trial by jury is or may be given by
law. The jury fee shall be paid by the party demanding a jury
at the time of filing the jury demand. If the fee is not paid by
either party, no jury shall be called in the action or
proceeding, and the action or proceeding shall be tried by the
court without a jury.
(f) Change of venue. In connection with a change of venue:
(1) The clerk of the jurisdiction from which the case
is transferred may charge a fee, not to exceed $40, for the
preparation and certification of the record; and
(2) The clerk of the jurisdiction to which the case is
transferred may charge the same filing fee as if it were
the commencement of a new suit.
(g) Petition to vacate or modify.

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(1) In a proceeding involving a petition to vacate or
modify any final judgment or order filed within 30 days
after the judgment or order was entered, except for an
eviction a forcible entry and detainer case, small claims
case, petition to reopen an estate, petition to modify,
terminate, or enforce a judgment or order for child or
spousal support, or petition to modify, suspend, or
terminate an order for withholding, the fee shall not
exceed $60 in a county with a population of 3,000,000 or
more and shall not exceed $50 in any other county, except
as applied to units of local government and school
districts in counties with more than 3,000,000 inhabitants
an amount not to exceed $50.
(2) In a proceeding involving a petition to vacate or
modify any final judgment or order filed more than 30 days
after the judgment or order was entered, except for a
petition to modify, terminate, or enforce a judgment or
order for child or spousal support, or petition to modify,
suspend, or terminate an order for withholding, the fee
shall not exceed $75.
(3) In a proceeding involving a motion to vacate or
amend a final order, motion to vacate an ex parte judgment,
judgment of forfeiture, or "failure to appear" or "failure
to comply" notices sent to the Secretary of State, the fee
shall equal $40.
(h) Appeals preparation. The fee for preparation of a

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record on appeal shall be based on the number of pages, as
follows:
(1) if the record contains no more than 100 pages, the
fee shall not exceed $70 in a county with a population of
3,000,000 or more and shall not exceed $50 in any other
county;
(2) if the record contains between 100 and 200 pages,
the fee shall not exceed $100; and
(3) if the record contains 200 or more pages, the clerk
may collect an additional fee not to exceed 25 cents per
page.
(i) Remands. In any cases remanded to the circuit court
from the Supreme Court or the appellate court for a new trial,
the clerk shall reinstate the case with either its original
number or a new number. The clerk shall not charge any new or
additional fee for the reinstatement. Upon reinstatement, the
clerk shall advise the parties of the reinstatement. Parties
shall have the same right to a jury trial on remand and
reinstatement that they had before the appeal, and no
additional or new fee or charge shall be made for a jury trial
after remand.
(j) Garnishment, wage deduction, and citation. In
garnishment affidavit, wage deduction affidavit, and citation
petition proceedings:
(1) if the amount in controversy in the proceeding is
not more than $1,000, the fee may not exceed $35 in a

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county with a population of 3,000,000 or more and may not
exceed $15 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$15;
(2) if the amount in controversy in the proceeding is
greater than $1,000 and not more than $5,000, the fee may
not exceed $45 in a county with a population of 3,000,000
or more and may not exceed $30 in any other county, except
as applied to units of local government and school
districts in counties with more than 3,000,000 inhabitants
an amount not to exceed $30; and
(3) if the amount in controversy in the proceeding is
greater than $5,000, the fee may not exceed $65 in a county
with a population of 3,000,000 or more and may not exceed
$50 in any other county, except as applied to units of
local government and school districts in counties with more
than 3,000,000 inhabitants an amount not to exceed $50.
(j-5) Debt collection. In any proceeding to collect a debt
subject to the exception in item (ii) of subparagraph (A-5) of
paragraph (1) of subsection (z) of this Section, the circuit
court shall order and the clerk shall collect from each
judgment debtor a fee of:
(1) $35 if the amount in controversy in the proceeding
is not more than $1,000;
(2) $45 if the amount in controversy in the proceeding

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is greater than $1,000 and not more than $5,000; and
(3) $65 if the amount in controversy in the proceeding
is greater than $5,000.
(k) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child support
cases, the clerk may collect a fee of up to 2.5% of the
amount collected and turned over.
(2) In child support and maintenance cases, the clerk
may collect an annual fee of up to $36 from the person
making payment for maintaining child support records and
the processing of support orders to the State of Illinois
KIDS system and the recording of payments issued by the
State Disbursement Unit for the official record of the
Court. This fee is in addition to and separate from amounts
ordered to be paid as maintenance or child support and
shall be deposited into a Separate Maintenance and Child
Support Collection Fund, of which the clerk shall be the
custodian, ex officio, to be used by the clerk to maintain
child support orders and record all payments issued by the
State Disbursement Unit for the official record of the
Court. The clerk may recover from the person making the
maintenance or child support payment any additional cost
incurred in the collection of this annual fee.
(3) The clerk may collect a fee of $5 for
certifications made to the Secretary of State as provided

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in Section 7-703 of the Illinois Vehicle Code, Family
Financial Responsibility Law and this fee these fees shall
be deposited into the Separate Maintenance and Child
Support Collection Fund.
(4) In proceedings to foreclose the lien of delinquent
real estate taxes, State's Attorneys shall receive a fee of
10% of the total amount realized from the sale of real
estate sold in the proceedings. The clerk shall collect the
fee from the total amount realized from the sale of the
real estate sold in the proceedings and remit to the County
Treasurer to be credited to the earnings of the Office of
the State's Attorney.
(l) Mailing. The fee for the clerk mailing documents shall
not exceed $10 plus the cost of postage.
(m) Certified copies. The fee for each certified copy of a
judgment, after the first copy, shall not exceed $10.
(n) Certification, authentication, and reproduction.
(1) The fee for each certification or authentication
for taking the acknowledgment of a deed or other instrument
in writing with the seal of office shall not exceed $6.
(2) The fee for reproduction of any document contained
in the clerk's files shall not exceed:
(A) $2 for the first page;
(B) 50 cents per page for the next 19 pages; and
(C) 25 cents per page for all additional pages.
(o) Record search. For each record search, within a

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division or municipal district, the clerk may collect a search
fee not to exceed $6 for each year searched.
(p) Hard copy. For each page of hard copy print output,
when case records are maintained on an automated medium, the
clerk may collect a fee not to exceed $10 in a county with a
population of 3,000,000 or more and not to exceed $6 in any
other county, except as applied to units of local government
and school districts in counties with more than 3,000,000
inhabitants an amount not to exceed $6.
(q) Index inquiry and other records. No fee shall be
charged for a single plaintiff and defendant index inquiry or
single case record inquiry when this request is made in person
and the records are maintained in a current automated medium,
and when no hard copy print output is requested. The fees to be
charged for management records, multiple case records, and
multiple journal records may be specified by the Chief Judge
pursuant to the guidelines for access and dissemination of
information approved by the Supreme Court.
(r) Performing a marriage. There shall be a $10 fee for
performing a marriage in court.
(s) Voluntary assignment. For filing each deed of voluntary
assignment, the clerk shall collect a fee not to exceed $20.
For recording a deed of voluntary assignment, the clerk shall
collect a fee not to exceed 50 cents for each 100 words.
Exceptions filed to claims presented to an assignee of a debtor
who has made a voluntary assignment for the benefit of

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creditors shall be considered and treated, for the purpose of
taxing costs therein, as actions in which the party or parties
filing the exceptions shall be considered as party or parties
plaintiff, and the claimant or claimants as party or parties
defendant, and those parties respectively shall pay to the
clerk the same fees as provided by this Section to be paid in
other actions.
(t) Expungement petition. The clerk may collect a fee not
to exceed $60 for each expungement petition filed and an
additional fee not to exceed $4 for each certified copy of an
order to expunge arrest records.
(u) Transcripts of judgment. For the filing of a transcript
of judgment, the clerk may collect the same fee as if it were
the commencement of a new suit.
(v) Probate filings.
(1) For each account (other than one final account)
filed in the estate of a decedent, or ward, the fee shall
not exceed $25.
(2) For filing a claim in an estate when the amount
claimed is greater than $150 and not more than $500, the
fee shall not exceed $40 in a county with a population of
3,000,000 or more and shall not exceed $25 in any other
county; when the amount claimed is greater than $500 and
not more than $10,000, the fee shall not exceed $55 in a
county with a population of 3,000,000 or more and shall not
exceed $40 in any other county; and when the amount claimed

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is more than $10,000, the fee shall not exceed $75 in a
county with a population of 3,000,000 or more and shall not
exceed $60 in any other county; except the court in
allowing a claim may add to the amount allowed the filing
fee paid by the claimant.
(3) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest of a
will, enforcement of a contract to make a will, and
proceedings involving testamentary trusts or the
appointment of testamentary trustees, the fee shall not
exceed $60.
(4) There shall be no fee for filing in an estate: (i)
the appearance of any person for the purpose of consent; or
(ii) the appearance of an executor, administrator,
administrator to collect, guardian, guardian ad litem, or
special administrator.
(5) For each jury demand, the fee shall not exceed
$137.50.
(6) For each certified copy of letters of office, of
court order, or other certification, the fee shall not
exceed $2 per page.
(7) For each exemplification, the fee shall not exceed
$2, plus the fee for certification.
(8) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall pay

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the cost of publication by the clerk directly to the
newspaper.
(9) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous
fees shall pay the same directly to the person entitled
thereto.
(10) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay to the clerk all postage charges
incurred by the clerk in mailing petitions, orders,
notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Corrections of numbers. For correction of the case
number, case title, or attorney computer identification
number, if required by rule of court, on any document filed in
the clerk's office, to be charged against the party that filed
the document, the fee shall not exceed $25.
(x) Miscellaneous.
(1) Interest earned on any fees collected by the clerk
shall be turned over to the county general fund as an
earning of the office.
(2) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, the clerk shall collect a fee
of $25.
(y) Other fees. Any fees not covered in this Section shall

SB1328 Enrolled - 24 - LRB100 08307 RLC 18410 b
be set by rule or administrative order of the circuit court
with the approval of the Administrative Office of the Illinois
Courts. The clerk of the circuit court may provide services in
connection with the operation of the clerk's office, other than
those services mentioned in this Section, as may be requested
by the public and agreed to by the clerk and approved by the
Chief Judge. Any charges for additional services shall be as
agreed to between the clerk and the party making the request
and approved by the Chief Judge. Nothing in this subsection
shall be construed to require any clerk to provide any service
not otherwise required by law.
(y-5) Unpaid fees. Unless a court ordered payment schedule
is implemented or the fee requirements of this Section are
waived under a court order, the clerk of the circuit court may
add to any unpaid fees and costs under this Section a
delinquency amount equal to 5% of the unpaid fees that remain
unpaid after 30 days, 10% of the unpaid fees that remain unpaid
after 60 days, and 15% of the unpaid fees that remain unpaid
after 90 days. Notice to those parties may be made by signage
posting or publication. The additional delinquency amounts
collected under this Section shall be deposited into the
Circuit Court Clerk Operations and Administration Fund and used
to defray additional administrative costs incurred by the clerk
of the circuit court in collecting unpaid fees and costs.
(z) Exceptions.
(1) No fee authorized by this Section shall apply to:

SB1328 Enrolled - 25 - LRB100 08307 RLC 18410 b
(A) police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means: an agency of the State or agency of a unit of
local government which is vested by law or ordinance
with the duty to maintain public order and to enforce
criminal laws or ordinances; the Attorney General; or
any State's Attorney;
(A-5) any unit of local government or school
district, except in counties having a population of
500,000 or more the county board may by resolution set
fees for units of local government or school districts
no greater than the minimum fees applicable in counties
with a population less than 3,000,000; provided
however, no fee may be charged to any unit of local
government or school district in connection with any
action which, in whole or in part, is: (i) to enforce
an ordinance; (ii) to collect a debt; or (iii) under
the Administrative Review Law;
(B) any action instituted by the corporate
authority of a municipality with more than 1,000,000
inhabitants under Section 11-31-1 of the Illinois
Municipal Code and any action instituted under
subsection (b) of Section 11-31-1 of the Illinois
Municipal Code by a private owner or tenant of real
property within 1,200 feet of a dangerous or unsafe
building seeking an order compelling the owner or

SB1328 Enrolled - 26 - LRB100 08307 RLC 18410 b
owners of the building to take any of the actions
authorized under that subsection;
(C) any commitment petition or petition for an
order authorizing the administration of psychotropic
medication or electroconvulsive therapy under the
Mental Health and Developmental Disabilities Code;
(D) a petitioner in any order of protection
proceeding, including, but not limited to, fees for
filing, modifying, withdrawing, certifying, or
photocopying petitions for orders of protection,
issuing alias summons, any related filing service, or
certifying, modifying, vacating, or photocopying any
orders of protection; or
(E) proceedings for the appointment of a
confidential intermediary under the Adoption Act.
(2) No fee other than the filing fee contained in the
applicable schedule in subsection (a) shall be charged to
any person in connection with an adoption proceeding.
(3) Upon good cause shown, the court may waive any fees
associated with a special needs adoption. The term "special
needs adoption" has the meaning provided by the Illinois
Department of Children and Family Services.
(aa) This Section is repealed on January 1, 2021 December
31, 2019.
(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
revised 10-4-18.)

SB1328 Enrolled - 27 - LRB100 08307 RLC 18410 b
(705 ILCS 105/27.1c new)
Sec. 27.1c. Assessment report.
(a) Not later than February 29, 2020, the clerk of the
circuit court shall submit to the Administrative Office of the
Illinois Courts a report for the period July 1, 2019 through
December 31, 2019 containing, with respect to each of the 4
categories of civil cases established by the Supreme Court
pursuant to Section 27.1b of this Act:
(1) the total number of cases that were filed;
(2) the amount of filing fees that were collected
pursuant to subsection (a) of Section 27.1b;
(3) the amount of appearance fees that were collected
pursuant to subsection (b) of Section 27.1b;
(4) the amount of fees collected pursuant to subsection
(b-5) of Section 27.1b;
(5) the amount of filing fees collected for
counterclaims or third party complaints pursuant to
subsection (c) of Section 27.1b;
(6) the nature and amount of any fees collected
pursuant to subsection (y) of Section 27.1b; and
(7) the number of cases for which, pursuant to Section
5-105 of the Code of Civil Procedure, there were waivers of
fees, costs, and charges of 25%, 50%, 75%, or 100%,
respectively, and the associated amount of fees, costs, and
charges that were waived.

SB1328 Enrolled - 28 - LRB100 08307 RLC 18410 b
(b) The Administrative Office of the Illinois Courts shall
publish the reports submitted under this Section on its
website.
(c) This Section is repealed on January 1, 2021.
Section 15. The Criminal and Traffic Assessment Act is
amended by changing Sections 1-5, 5-10, 10-5, 15-30, 15-50,
15-52, 15-60, and 15-70 and by adding Section 1-10 as follows:
(705 ILCS 135/1-5)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 1-5. Definitions. In this Act:
"Assessment" means any costs imposed on a defendant under
schedules 1 through 13 of this Act.
"Business offense" means any offense punishable by a fine
in excess of $1,000 and for which a sentence of imprisonment is
not an authorized disposition a petty offense for which the
fine is in excess of $1,000.
"Case" means all charges and counts filed against a single
defendant which are being prosecuted as a single proceeding
before the court.
"Count" means each separate offense charged in the same
indictment, information, or complaint when the indictment,
information, or complaint alleges the commission of more than

SB1328 Enrolled - 29 - LRB100 08307 RLC 18410 b
one offense.
"Conservation offense" means any violation of the
following Acts, Codes, or ordinances, except any offense
punishable upon conviction by imprisonment in the
penitentiary:
(1) Fish and Aquatic Life Code;
(2) Wildlife Code;
(3) Boat Registration and Safety Act;
(4) Park District Code;
(5) Chicago Park District Act;
(6) State Parks Act;
(7) State Forest Act;
(8) Forest Fire Protection District Act;
(9) Snowmobile Registration and Safety Act;
(10) Endangered Species Protection Act;
(11) Forest Products Transportation Act;
(12) Timber Buyers Licensing Act;
(13) Downstate Forest Preserve District Act;
(14) Exotic Weed Act;
(15) Ginseng Harvesting Act;
(16) Cave Protection Act;
(17) ordinances adopted under the Counties Code for the
acquisition of property for parks or recreational areas;
(18) Recreational Trails of Illinois Act;
(19) Herptiles-Herps Act; or
(20) any rule, regulation, proclamation, or ordinance

SB1328 Enrolled - 30 - LRB100 08307 RLC 18410 b
adopted under any Code or Act named in paragraphs (1)
through (19) of this definition.
"Conviction" means a judgment of conviction or sentence
entered upon a plea of guilty or upon a verdict or finding of
guilty of an offense, rendered by a legally constituted jury or
by a court of competent jurisdiction authorized to try the case
without a jury.
"Drug offense" means any violation of the Cannabis Control
Act, the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or any
similar local ordinance which involves the possession or
delivery of a drug.
"Drug-related emergency response" means the act of
collecting evidence from or securing a site where controlled
substances were manufactured, or where by-products from the
manufacture of controlled substances are present, and cleaning
up the site, whether these actions are performed by public
entities or private contractors paid by public entities.
"Electronic citation" means the process of transmitting
traffic, misdemeanor, municipal ordinance, conservation, or
other citations and law enforcement data via electronic means
to a circuit court clerk.
"Emergency response" means any incident requiring a
response by a police officer, an ambulance, a firefighter
carried on the rolls of a regularly constituted fire department
or fire protection district, a firefighter of a volunteer fire

SB1328 Enrolled - 31 - LRB100 08307 RLC 18410 b
department, or a member of a recognized not-for-profit rescue
or emergency medical service provider. "Emergency response"
does not include a drug-related emergency response.
"Felony offense" means an offense for which a sentence to a
term of imprisonment in a penitentiary for one year or more is
provided.
"Fine" means a pecuniary punishment for a conviction or
supervision disposition as ordered by a court of law.
"Highest classified offense" means the offense in the case
which carries the most severe potential disposition under
Article 4.5 of Chapter V of the Unified Code of Corrections.
"Major traffic offense" means a traffic offense, as defined
by paragraph (f) of Supreme Court Rule 501, under the Illinois
Vehicle Code or a similar provision of a local ordinance other
than a petty offense or business offense.
"Minor traffic offense" means a traffic offense, as defined
by paragraph (f) of Supreme Court Rule 501, that is a petty
offense or business offense under the Illinois Vehicle Code or
a similar provision of a local ordinance.
"Misdemeanor offense" means any offense for which a
sentence to a term of imprisonment in other than a penitentiary
for less than one year may be imposed.
"Offense" means a violation of any local ordinance or penal
statute of this State.
"Petty offense" means any offense punishable by a fine of
up to $1,000 and for which a sentence of imprisonment is not an

SB1328 Enrolled - 32 - LRB100 08307 RLC 18410 b
authorized disposition.
"Service provider costs" means costs incurred as a result
of services provided by an entity including, but not limited
to, traffic safety programs, laboratories, ambulance
companies, and fire departments. "Service provider costs"
includes conditional amounts under this Act that are
reimbursements for services provided.
"Street value" means the amount determined by the court on
the basis of testimony of law enforcement personnel and the
defendant as to the amount of drug or materials seized and any
testimony as may be required by the court as to the current
street value of the cannabis, controlled substance,
methamphetamine or salt of an optical isomer of
methamphetamine, or methamphetamine manufacturing materials
seized.
"Supervision" means a disposition of conditional and
revocable release without probationary supervision, but under
the conditions and reporting requirements as are imposed by the
court, at the successful conclusion of which disposition the
defendant is discharged and a judgment dismissing the charges
is entered.
(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
revised 10-4-18.)
(705 ILCS 135/1-10 new)
Sec. 1-10. Assessment reports.

SB1328 Enrolled - 33 - LRB100 08307 RLC 18410 b
(a) Not later than February 29, 2020, the clerk of the
circuit court shall file with the Administrative Office of the
Illinois Courts:
(1) a report for the period July 1, 2019 through
December 31, 2019 containing the total number of cases
filed in the following categories: total felony cases;
felony driving under the influence of alcohol, drugs, or a
combination thereof; cases that contain at least one count
of driving under the influence of alcohol, drugs, or a
combination thereof; felony cases that contain at least one
count of a drug offense; felony cases that contain at least
one count of a sex offense; total misdemeanor cases;
misdemeanor driving under the influence of alcohol, drugs,
or a combination thereof cases; misdemeanor cases that
contain at least one count of a drug offense; misdemeanor
cases that contain at least one count of a sex offense;
total traffic offense counts; traffic offense counts of a
misdemeanor offense under the Illinois Vehicle Code;
traffic offense counts of an overweight offense under the
Illinois Vehicle Code; traffic offense counts that are
satisfied under Supreme Court Rule 529; conservation
cases; and ordinance cases that do not contain an offense
under the Illinois Vehicle Code;
(2) a report for the period July 1, 2019 through
December 31, 2019 containing the following for each
schedule referenced in Sections 15-5 through 15-70 of this

SB1328 Enrolled - 34 - LRB100 08307 RLC 18410 b
Act: the number of offenses for which assessments were
imposed; the amount of any fines imposed in addition to
assessments; the number and amount of conditional
assessments ordered pursuant to Section 15-70; and for 25%,
50%, 75%, and 100% waivers, respectively, the number of
offenses for which waivers were granted and the associated
amount of assessments that were waived; and
(3) a report for the period July 1, 2019 through
December 31, 2019 containing, with respect to each schedule
referenced in Sections 15-5 through 15-70 of this Act, the
number of offenses for which assessments were collected;
the number of offenses for which fines were collected and
the amount collected; and how much was disbursed to each
fund under the disbursement requirements for each schedule
defined in Section 15-5.
(b) The Administrative Office of the Illinois Courts shall
publish the reports submitted under this Section on its
website.
(c) A list of offenses that qualify as drug offenses for
Schedules 3 and 7 and a list of offenses that qualify as sex
offenses for Schedules 4 and 8 shall be distributed to clerks
of the circuit court by the Administrative Office of the
Illinois Courts.
(705 ILCS 135/5-10)
(This Section may contain text from a Public Act with a

SB1328 Enrolled - 35 - LRB100 08307 RLC 18410 b
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 5-10. Schedules; payment.
(a) In each case, the court shall order an assessment at
the time of sentencing, as set forth in this Act, for a
defendant to pay in addition to any fine, restitution, or
forfeiture ordered by the court when the defendant is convicted
of, pleads guilty to, or is placed on court supervision for a
violation of a statute of this State or a similar local
ordinance. The court may order a fine, restitution, or
forfeiture on any violation that is being sentenced but shall
order only one assessment from the Schedule of Assessments 1
through 13 of this Act for all sentenced violations in a case,
that being the schedule applicable to the highest classified
offense violation that is being sentenced, plus any conditional
assessments under Section 15-70 of this Act applicable to any
sentenced violation in the case.
(b) If the court finds that the schedule of assessments
will cause an undue burden on any victim in a case or if the
court orders community service or some other punishment in
place of the applicable schedule of assessments, the court may
reduce the amount set forth in the applicable schedule of
assessments or not order the applicable schedule of
assessments. If the court reduces the amount set forth in the
applicable schedule of assessments, then all recipients of the
funds collected will receive a prorated amount to reflect the

SB1328 Enrolled - 36 - LRB100 08307 RLC 18410 b
reduction.
(c) The court may order the assessments to be paid
forthwith or within a specified period of time or in
installments.
(c-3) Excluding any ordered conditional assessment, if the
assessment is not paid within the period of probation,
conditional discharge, or supervision to which the defendant
was originally sentenced, the court may extend the period of
probation, conditional discharge, or supervision under Section
5-6-2 or 5-6-3.1 of the Unified Code of Corrections, as
applicable, until the assessment is paid or until successful
completion of public or community service set forth in
subsection (b) of Section 5-20 of this Act or the successful
completion of the substance abuse intervention or treatment
program set forth in subsection (c-5) of this Section.
(c-5) Excluding any ordered conditional assessment, the
court may suspend the collection of the assessment; provided,
the defendant agrees to enter a substance abuse intervention or
treatment program approved by the court; and further provided
that the defendant agrees to pay for all or some portion of the
costs associated with the intervention or treatment program. In
this case, the collection of the assessment shall be suspended
during the defendant's participation in the approved
intervention or treatment program. Upon successful completion
of the program, the defendant may apply to the court to reduce
the assessment imposed under this Section by any amount

SB1328 Enrolled - 37 - LRB100 08307 RLC 18410 b
actually paid by the defendant for his or her participation in
the program. The court shall not reduce the assessment under
this subsection unless the defendant establishes to the
satisfaction of the court that he or she has successfully
completed the intervention or treatment program. If the
defendant's participation is for any reason terminated before
his or her successful completion of the intervention or
treatment program, collection of the entire assessment imposed
under this Act shall be enforced. Nothing in this Section shall
be deemed to affect or suspend any other fines, restitution
costs, forfeitures, or assessments imposed under this or any
other Act.
(d) Except as provided in Section 5-15 of this Act, the
defendant shall pay to the clerk of the court and the clerk
shall remit the assessment to the appropriate entity as set
forth in the ordered schedule of assessments within one month
of its receipt.
(e) Unless a court ordered payment schedule is implemented
or the assessment requirements of this Act are waived under a
court order, the clerk of the circuit court may add to any
unpaid assessments under this Act a delinquency amount equal to
5% of the unpaid assessments that remain unpaid after 30 days,
10% of the unpaid assessments that remain unpaid after 60 days,
and 15% of the unpaid assessments that remain unpaid after 90
days. Notice to those parties may be made by signage posting or
publication. The additional delinquency amounts collected

SB1328 Enrolled - 38 - LRB100 08307 RLC 18410 b
under this Section shall be deposited into the Circuit Clerk
Operations and Administration Fund and used to defray
additional administrative costs incurred by the clerk of the
circuit court in collecting unpaid assessments.
(Source: P.A. 100-987, eff. 7-1-19.)
(705 ILCS 135/10-5)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
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 monies
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 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

SB1328 Enrolled - 39 - LRB100 08307 RLC 18410 b
local government 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 Public Utility Fund.
(d) Fund descriptions and provisions:
(1) The Court Automation Fund is to defray the expense,
borne by the county, of establishing and maintaining
automated record keeping systems in the Office of the Clerk

SB1328 Enrolled - 40 - LRB100 08307 RLC 18410 b
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
Fund may be used is to defray the expenses incurred for

SB1328 Enrolled - 41 - LRB100 08307 RLC 18410 b
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 compounds or
any combination thereof, as defined by Section 11-501 of

SB1328 Enrolled - 42 - LRB100 08307 RLC 18410 b
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
alcohol related crime, including, but not limited to, DUI
training; and police officer salaries, including, but not
limited to, salaries for hire-back hire back funding for
safety checkpoints, saturation patrols, and liquor store
sting operations. Any moneys received by the Department of
State Police shall be deposited into the State Police
Operations Assistance Fund and those moneys and moneys in
the State Police DUI Fund shall be used to purchase law
enforcement equipment that will assist in the prevention of
alcohol-related 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

SB1328 Enrolled - 43 - LRB100 08307 RLC 18410 b
officio, of the Fund and shall be used to perform the
duties required by the office for establishing and
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

SB1328 Enrolled - 44 - LRB100 08307 RLC 18410 b
of State Police drug task forces and Metropolitan
Enforcement Groups by dividing the funds equally by the
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 ,

SB1328 Enrolled - 45 - LRB100 08307 RLC 18410 b
specifically for the operation and administration of the
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; revised 10-4-18.)
(705 ILCS 135/15-30)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-30. SCHEDULE 6; misdemeanor DUI offenses.
SCHEDULE 6: For a misdemeanor under Section 11-501 of the
Illinois Vehicle Code, Section 5-7 of the Snowmobile
Registration and Safety Act, Section 5-16 of the Boat
Registration and Safety Act, or a similar provision of a local
ordinance, the Clerk of the Circuit Court shall collect $1,381
and remit as follows:
(1) As the county's portion, $322 to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic Citation
Fund;
(E) $225 into the county's General Fund;

SB1328 Enrolled - 46 - LRB100 08307 RLC 18410 b
(F) $10 into the Child Advocacy Center Fund;
(G) $2 into the State's Attorney Records Automation
Fund;
(H) $2 into the Public Defenders Records Automation
Fund;
(I) $10 into the County Jail Medical Costs Fund; and
(J) $20 into the Probation and Court Services Fund.
(2) As the State's portion, $707 to the State Treasurer,
who shall deposit the money as follows:
(A) $330 into the State Police Operations Assistance
Fund;
(B) $5 into the Drivers Education Fund;
(C) $5 into the State Police Merit Board Public Safety
Fund;
(D) $100 into the Trauma Center Fund;
(E) $5 into the Spinal Cord Injury Paralysis Cure
Research Trust Fund;
(F) $22 into the Fire Prevention Fund;
(G) $160 into the Traffic and Criminal Conviction
Surcharge Fund;
(H) $5 into the Law Enforcement Camera Grant Fund; and
(I) $75 into the Violent Crime Victims Assistance Fund.
(3) As the arresting agency's portion, $352 as follows,
unless more than one agency is responsible for the arrest in
which case the amount shall be remitted to each unit of
government equally:

SB1328 Enrolled - 47 - LRB100 08307 RLC 18410 b
(A) if the arresting agency is a local agency, to the
treasurer of the unit of local government of the arresting
agency, who shall deposit the money as follows:
(i) $2 into the E-citation Fund of the unit of
local government; and
(ii) $350 into the DUI Fund of the unit of local
government; or
(B) as provided in subsection (c) of Section 10-5 of
this Act if the arresting agency is a State agency.
(Source: P.A. 100-987, eff. 7-1-19.)
(705 ILCS 135/15-50)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-50. SCHEDULE 10; minor traffic offenses.
SCHEDULE 10: For a minor traffic offense, except those
offenses listed in Schedule 10.5, the Clerk of the Circuit
Court shall collect $226 plus, if applicable, the amount
established under paragraph (1.5) of this Section and remit as
follows:
(1) As the county's portion, $168 to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and

SB1328 Enrolled - 48 - LRB100 08307 RLC 18410 b
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic Citation
Fund; and
(E) $115 into the county's General Fund.
(1.5) In a county with a population of 3,000,000 or more,
the county board may by ordinance or resolution establish an
additional assessment not to exceed $28 to be remitted to the
county treasurer of which $5 shall be deposited into the Court
Automation Fund, $5 shall be deposited into the Court Document
Storage Fund, $2 shall be deposited into the State's Attorneys
Records Automation Fund, $2 shall be deposited into the Public
Defenders Records Automation Fund, $10 shall be deposited into
the Probation and Court Services Fund, and the remainder shall
be used for purposes related to the operation of the court
system.
(2) As the State's portion, $46 to the State Treasurer, who
shall deposit the money as follows:
(A) $10 into the State Police Operations Assistance
Fund;
(B) $5 into the State Police Merit Board Public Safety
Fund;
(C) $4 into the Drivers Education Fund;
(D) $20 into the Traffic and Criminal Conviction
Surcharge Fund;
(E) $4 into the Law Enforcement Camera Grant Fund; and
(F) $3 into the Violent Crime Victims Assistance Fund.

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(3) As the arresting agency's portion, $12, to the
treasurer of the unit of local government of the arresting
agency, who shall deposit the money as follows:
(A) $2 into the E-citation Fund of that unit of local
government or as provided in subsection (c) of Section 10-5
of this Act if the arresting agency is a State agency,
unless more than one agency is responsible for the arrest
in which case the amount shall be remitted to each unit of
government equally.
(B) $10 into the General Fund of that unit of local
government or as provided in subsection (c) of Section 10-5
of this Act if the arresting agency is a State agency,
unless more than one agency is responsible for the arrest
in which case the amount shall be remitted to each unit of
government equally.
(Source: P.A. 100-987, eff. 7-1-19.)
(705 ILCS 135/15-52)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-52. SCHEDULE 10.5; truck weight and load offenses.
SCHEDULE 10.5: For offenses an offense under paragraph (1),
(2), or (3) of subsection (d) of Section 3-401, or Section
15-111, or punishable by fine under Section 15-113.1, 15-113.2,
or 15-113.3 of the Illinois Vehicle Code, the Clerk of the

SB1328 Enrolled - 50 - LRB100 08307 RLC 18410 b
Circuit Court shall collect $260 and remit as follows:
(1) As the county's portion, $168 to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic Citation
Fund; and
(E) $115 into the county's General Fund.
(2) As the State's portion, $92 to the State Treasurer, who
shall deposit the money as follows:
(A) $31 into the State Police Merit Board Public Safety
Fund, regardless of the type of overweight citation or
arresting law enforcement agency;
(B) $31 into the Traffic and Criminal Conviction
Surcharge Fund; and
(C) $30 to the State Police Operations Assistance Fund.
(Source: P.A. 100-987, eff. 7-1-19.)
(705 ILCS 135/15-60)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-60. SCHEDULE 12; dispositions under Supreme Court
Rule 529.

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SCHEDULE 12: For a disposition under paragraph (a)(1) or
(c) of Supreme Court Rule 529, the Clerk of the Circuit Court
shall collect $164 and remit the money as follows:
(1) As the county's portion, $100, to the county treasurer,
who shall deposit the money as follows:
(A) $20 into the Court Automation Fund;
(B) $20 into the Court Document Storage Fund;
(C) $5 into the Circuit Court Clerk Operation and
Administrative Fund;
(D) $8 into the Circuit Court Clerk Electronic Citation
Fund; and
(E) $47 into the county's General Fund.
(2) As the State's portion, $14 to the State Treasurer, who
shall deposit the money as follows:
(A) $3 into the Drivers Education Fund;
(B) $2 into the State Police Merit Board Public Safety
Fund;
(C) $4 into the Traffic and Criminal Conviction
Surcharge Fund;
(D) $1 into the Law Enforcement Camera Grant Fund; and
(E) $4 into the Violent Crime Victims Assistance Fund.
(3) As the arresting agency's portion, $50 as follows,
unless more than one agency is responsible for the arrest in
which case the amount shall be remitted to each unit of
government equally:
(A) if the arresting agency is a local agency to the

SB1328 Enrolled - 52 - LRB100 08307 RLC 18410 b
treasurer of the unit of local government of the arresting
agency, who shall deposit the money as follows:
(i) $2 into the E-citation Fund of the unit of
local government; and
(ii) $48 into the General Fund of the unit of local
government; or
(B) as provided in subsection (c) of Section 10-5 of
this Act if the arresting agency is a State agency.
(Source: P.A. 100-987, eff. 7-1-19.)
(705 ILCS 135/15-70)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-70. Conditional assessments. In addition to
payments under one of the Schedule of Assessments 1 through 13
of this Act, the court shall also order payment of any of the
following conditional assessment amounts for each sentenced
violation in the case to which a conditional assessment is
applicable, which shall be collected and remitted by the Clerk
of the Circuit Court as provided in this Section:
(1) arson, residential arson, or aggravated arson,
$500 per conviction to the State Treasurer for deposit into
the Fire Prevention Fund;
(2) child pornography under Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, $500

SB1328 Enrolled - 53 - LRB100 08307 RLC 18410 b
per conviction, unless more than one agency is responsible
for the arrest in which case the amount shall be remitted
to each unit of government equally:
(A) if the arresting agency is an agency of a unit
of local government, $500 to the treasurer of the unit
of local government for deposit into the unit of local
government's General Fund, except that if the
Department of State Police provides digital or
electronic forensic examination assistance, or both,
to the arresting agency then $100 to the State
Treasurer for deposit into the State Crime Laboratory
Fund; or
(B) if the arresting agency is the Department of
State Police, $500 remitted to the State Treasurer for
deposit into the State Crime Laboratory Fund;
(3) crime laboratory drug analysis for a drug-related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as defined
in the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and
Community Protection Act, $100 reimbursement for
laboratory analysis, as set forth in subsection (f) of
Section 5-9-1.4 of the Unified Code of Corrections;
(4) DNA analysis, $250 on each conviction in which it
was used to the State Treasurer for deposit into the State
Offender DNA Identification System Fund as set forth in

SB1328 Enrolled - 54 - LRB100 08307 RLC 18410 b
Section 5-4-3 of the Unified Code of Corrections;
(5) DUI analysis, $150 on each sentenced violation in
which it was used as set forth in subsection (f) of Section
5-9-1.9 of the Unified Code of Corrections;
(6) drug-related offense involving possession or
delivery of cannabis or possession or delivery of a
controlled substance, other than methamphetamine, as
defined in the Cannabis Control Act or the Illinois
Controlled Substances Act, an amount not less than the full
street value of the cannabis or controlled substance seized
for each conviction to be disbursed as follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the
funding of programs and services for drug-abuse
treatment, and prevention and education services;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General
Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or to
the State Treasurer if the arresting agency was a state
agency;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall
equitably allocate the portion in subparagraph (C) of

SB1328 Enrolled - 55 - LRB100 08307 RLC 18410 b
this paragraph (6) among the law enforcement agencies
involved in the arrest;
(6.5) Kane County or Will County, in felony,
misdemeanor, local or county ordinance, traffic, or
conservation cases, up to $30 as set by the county board
under Section 5-1101.3 of the Counties Code upon the entry
of a judgment of conviction, an order of supervision, or a
sentence of probation without entry of judgment under
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
the Criminal Code of 1961 or the Criminal Code of 2012,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, or Section 10 of the Steroid Control Act;
except in local or county ordinance, traffic, and
conservation cases, if fines are paid in full without a
court appearance, then the assessment shall not be imposed
or collected. Distribution of assessments collected under
this paragraph (6.5) shall be as provided in Section
5-1101.3 of the Counties Code;
(7) methamphetamine-related offense involving
possession or delivery of methamphetamine or any salt of an
optical isomer of methamphetamine or possession of a
methamphetamine manufacturing material as set forth in
Section 10 of the Methamphetamine Control and Community

SB1328 Enrolled - 56 - LRB100 08307 RLC 18410 b
Protection Act with the intent to manufacture a substance
containing methamphetamine or salt of an optical isomer of
methamphetamine, an amount not less than the full street
value of the methamphetamine or salt of an optical isomer
of methamphetamine or methamphetamine manufacturing
materials seized for each conviction to be disbursed as
follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the
funding of programs and services for drug-abuse
treatment, and prevention and education services;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General
Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or to
the State Treasurer if the arresting agency was a state
agency;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall
equitably allocate the portion in subparagraph (C) of
this paragraph (6) among the law enforcement agencies
involved in the arrest;
(8) order of protection violation under Section 12-3.4
of the Criminal Code of 2012, $200 for each conviction to

SB1328 Enrolled - 57 - LRB100 08307 RLC 18410 b
the county treasurer for deposit into the Probation and
Court Services Fund for implementation of a domestic
violence surveillance program and any other assessments or
fees imposed under Section 5-9-1.16 of the Unified Code of
Corrections;
(9) order of protection violation, $25 for each
violation to the State Treasurer, for deposit into the
Domestic Violence Abuser Services Fund;
(10) prosecution by the State's Attorney of a:
(A) petty or business offense, $4 to the county
treasurer of which $2 deposited into the State's
Attorney Records Automation Fund and $2 into the Public
Defender Records Automation Fund;
(B) conservation or traffic offense, $2 to the
county treasurer for deposit into the State's Attorney
Records Automation Fund;
(11) speeding in a construction zone violation, $250 to
the State Treasurer for deposit into the Transportation
Safety Highway Hire-back Fund, unless (i) the violation
occurred on a highway other than an interstate highway and
(ii) a county police officer wrote the ticket for the
violation, in which case to the county treasurer for
deposit into that county's Transportation Safety Highway
Hire-back Fund;
(12) supervision disposition on an offense under the
Illinois Vehicle Code or similar provision of a local

SB1328 Enrolled - 58 - LRB100 08307 RLC 18410 b
ordinance, 50 cents, unless waived by the court, into the
Prisoner Review Board Vehicle and Equipment Fund;
(13) victim and offender are family or household
members as defined in Section 103 of the Illinois Domestic
Violence Act of 1986 and offender pleads guilty or no
contest to or is convicted of murder, voluntary
manslaughter, involuntary manslaughter, burglary,
residential burglary, criminal trespass to residence,
criminal trespass to vehicle, criminal trespass to land,
criminal damage to property, telephone harassment,
kidnapping, aggravated kidnaping, unlawful restraint,
forcible detention, child abduction, indecent solicitation
of a child, sexual relations between siblings,
exploitation of a child, child pornography, assault,
aggravated assault, battery, aggravated battery, heinous
battery, aggravated battery of a child, domestic battery,
reckless conduct, intimidation, criminal sexual assault,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual abuse, aggravated
criminal sexual abuse, violation of an order of protection,
disorderly conduct, endangering the life or health of a
child, child abandonment, contributing to dependency or
neglect of child, or cruelty to children and others, $200
for each sentenced violation to the State Treasurer for
deposit as follows: (i) for sexual assault, as defined in
Section 5-9-1.7 of the Unified Code of Corrections, when

SB1328 Enrolled - 59 - LRB100 08307 RLC 18410 b
the offender and victim are family members, one-half to the
Domestic Violence Shelter and Service Fund, and one-half to
the Sexual Assault Services Fund; (ii) for the remaining
offenses to the Domestic Violence Shelter and Service Fund;
(14) violation of Section 11-501 of the Illinois
Vehicle Code, Section 5-7 of the Snowmobile Registration
and Safety Act, Section 5-16 of the Boat Registration and
Safety Act, or a similar provision, whose operation of a
motor vehicle, snowmobile, or watercraft while in
violation of Section 11-501, Section 5-7 of the Snowmobile
Registration and Safety Act, Section 5-16 of the Boat
Registration and Safety Act, or a similar provision
proximately caused an incident resulting in an appropriate
emergency response, $1,000 maximum to the public agency
that provided an emergency response related to the person's
violation, and if more than one agency responded, the
amount payable to public agencies shall be shared equally;
(15) violation of Section 401, 407, or 407.2 of the
Illinois Controlled Substances Act that proximately caused
any incident resulting in an appropriate drug-related
emergency response, $1,000 as reimbursement for the
emergency response to the law enforcement agency that made
the arrest, and if more than one agency is responsible for
the arrest, the amount payable to law enforcement agencies
shall be shared equally;
(16) violation of reckless driving, aggravated

SB1328 Enrolled - 60 - LRB100 08307 RLC 18410 b
reckless driving, or driving 26 miles per hour or more in
excess of the speed limit that triggered an emergency
response, $1,000 maximum reimbursement for the emergency
response to be distributed in its entirety to a public
agency that provided an emergency response related to the
person's violation, and if more than one agency responded,
the amount payable to public agencies shall be shared
equally;
(17) violation based upon each plea of guilty,
stipulation of facts, or finding of guilt resulting in a
judgment of conviction or order of supervision for an
offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
the Criminal Code of 2012 that results in the imposition of
a fine, to be distributed as follows:
(A) $50 to the county treasurer for deposit into
the Circuit Court Clerk Operation and Administrative
Fund to cover the costs in administering this paragraph
(17);
(B) $300 to the State Treasurer who shall deposit
the portion as follows:
(i) if the arresting or investigating agency
is the Department of State Police, into the State
Police Law Enforcement Administration Operations
Assistance Fund;
(ii) if the arresting or investigating agency
is the Department of Natural Resources, into the

SB1328 Enrolled - 61 - LRB100 08307 RLC 18410 b
Conservation Police Operations Assistance Fund;
(iii) if the arresting or investigating agency
is the Secretary of State, into the Secretary of
State Police Services Fund;
(iv) if the arresting or investigating agency
is the Illinois Commerce Commission, into the
Public Utility Fund; or
(v) if more than one of the State agencies in
this subparagraph (B) is the arresting or
investigating agency, then equal shares with the
shares deposited as provided in the applicable
items (i) through (iv) of this subparagraph (B);
and
(C) the remainder for deposit into the Specialized
Services for Survivors of Human Trafficking Fund; and
(18) weapons violation under Section 24-1.1, 24-1.2,
or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
of 2012, $100 for each conviction to the State Treasurer
for deposit into the Trauma Center Fund.
(Source: P.A. 100-987, eff. 7-1-19.)
Section 20. The Unified Code of Corrections is amended by
changing Sections 5-4.5-50, 5-4.5-55, 5-4.5-60, 5-4.5-65,
5-4.5-75, 5-4.5-80, and 5-9-1.9 as follows:
(730 ILCS 5/5-4.5-50)

SB1328 Enrolled - 62 - LRB100 08307 RLC 18410 b
(Text of Section before amendment by P.A. 100-987)
Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except
as otherwise provided, for all felonies:
(a) NO SUPERVISION. The court, upon a plea of guilty or a
stipulation by the defendant of the facts supporting the charge
or a finding of guilt, may not defer further proceedings and
the imposition of a sentence and may not enter an order for
supervision of the defendant.
(b) FELONY FINES. An offender may be sentenced to pay a
fine not to exceed, for each offense, $25,000 or the amount
specified in the offense, whichever is greater, or if the
offender is a corporation, $50,000 or the amount specified in
the offense, whichever is greater. A fine may be imposed in
addition to a sentence of conditional discharge, probation,
periodic imprisonment, or imprisonment. See Article 9 of
Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of
additional amounts and determination of amounts and payment.
(c) REASONS FOR SENTENCE STATED. The sentencing judge in
each felony conviction shall set forth his or her reasons for
imposing the particular sentence entered in the case, as
provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may
include any mitigating or aggravating factors specified in this
Code, or the lack of any such factors, as well as any other
mitigating or aggravating factors that the judge sets forth on
the record that are consistent with the purposes and principles
of sentencing set out in this Code.

SB1328 Enrolled - 63 - LRB100 08307 RLC 18410 b
(d) MOTION TO REDUCE SENTENCE. A motion to reduce a
sentence may be made, or the court may reduce a sentence
without motion, within 30 days after the sentence is imposed. A
defendant's challenge to the correctness of a sentence or to
any aspect of the sentencing hearing shall be made by a written
motion filed with the circuit court clerk within 30 days
following the imposition of sentence. A motion not filed within
that 30-day period is not timely. The court may not increase a
sentence once it is imposed. A notice of motion must be filed
with the motion. The notice of motion shall set the motion on
the court's calendar on a date certain within a reasonable time
after the date of filing.
If a motion filed pursuant to this subsection is timely
filed, the proponent of the motion shall exercise due diligence
in seeking a determination on the motion and the court shall
thereafter decide the motion within a reasonable time.
If a motion filed pursuant to this subsection is timely
filed, then for purposes of perfecting an appeal, a final
judgment is not considered to have been entered until the
motion to reduce the sentence has been decided by order entered
by the trial court.
(e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR
OTHER-STATE SENTENCE. A defendant who has a previous and
unexpired sentence of imprisonment imposed by another state or
by any district court of the United States and who, after
sentence for a crime in Illinois, must return to serve the

SB1328 Enrolled - 64 - LRB100 08307 RLC 18410 b
unexpired prior sentence may have his or her sentence by the
Illinois court ordered to be concurrent with the prior
other-state or federal sentence. The court may order that any
time served on the unexpired portion of the other-state or
federal sentence, prior to his or her return to Illinois, shall
be credited on his or her Illinois sentence. The appropriate
official of the other state or the United States shall be
furnished with a copy of the order imposing sentence, which
shall provide that, when the offender is released from
other-state or federal confinement, whether by parole or by
termination of sentence, the offender shall be transferred by
the Sheriff of the committing Illinois county to the Illinois
Department of Corrections. The court shall cause the Department
of Corrections to be notified of the sentence at the time of
commitment and to be provided with copies of all records
regarding the sentence.
(f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
defendant who has a previous and unexpired sentence of
imprisonment imposed by an Illinois circuit court for a crime
in this State and who is subsequently sentenced to a term of
imprisonment by another state or by any district court of the
United States and who has served a term of imprisonment imposed
by the other state or district court of the United States, and
must return to serve the unexpired prior sentence imposed by
the Illinois circuit court, may apply to the Illinois circuit
court that imposed sentence to have his or her sentence

SB1328 Enrolled - 65 - LRB100 08307 RLC 18410 b
reduced.
The circuit court may order that any time served on the
sentence imposed by the other state or district court of the
United States be credited on his or her Illinois sentence. The
application for reduction of a sentence under this subsection
shall be made within 30 days after the defendant has completed
the sentence imposed by the other state or district court of
the United States.
(g) NO REQUIRED BIRTH CONTROL. A court may not impose a
sentence or disposition that requires the defendant to be
implanted or injected with or to use any form of birth control.
(Source: P.A. 95-1052, eff. 7-1-09.)
(Text of Section after amendment by P.A. 100-987)
Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except
as otherwise provided, for all felonies:
(a) NO SUPERVISION. The court, upon a plea of guilty or a
stipulation by the defendant of the facts supporting the charge
or a finding of guilt, may not defer further proceedings and
the imposition of a sentence and may not enter an order for
supervision of the defendant.
(b) FELONY FINES. Unless otherwise specified by law, the
minimum fine is $75 $25. An offender may be sentenced to pay a
fine not to exceed, for each offense, $25,000 or the amount
specified in the offense, whichever is greater, or if the
offender is a corporation, $50,000 or the amount specified in

SB1328 Enrolled - 66 - LRB100 08307 RLC 18410 b
the offense, whichever is greater. A fine may be imposed in
addition to a sentence of conditional discharge, probation,
periodic imprisonment, or imprisonment. See Article 9 of
Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of
additional amounts and determination of amounts and payment. If
the court finds that the fine would impose an undue burden on
the victim, the court may reduce or waive the fine.
(c) REASONS FOR SENTENCE STATED. The sentencing judge in
each felony conviction shall set forth his or her reasons for
imposing the particular sentence entered in the case, as
provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may
include any mitigating or aggravating factors specified in this
Code, or the lack of any such factors, as well as any other
mitigating or aggravating factors that the judge sets forth on
the record that are consistent with the purposes and principles
of sentencing set out in this Code.
(d) MOTION TO REDUCE SENTENCE. A motion to reduce a
sentence may be made, or the court may reduce a sentence
without motion, within 30 days after the sentence is imposed. A
defendant's challenge to the correctness of a sentence or to
any aspect of the sentencing hearing shall be made by a written
motion filed with the circuit court clerk within 30 days
following the imposition of sentence. A motion not filed within
that 30-day period is not timely. The court may not increase a
sentence once it is imposed. A notice of motion must be filed
with the motion. The notice of motion shall set the motion on

SB1328 Enrolled - 67 - LRB100 08307 RLC 18410 b
the court's calendar on a date certain within a reasonable time
after the date of filing.
If a motion filed pursuant to this subsection is timely
filed, the proponent of the motion shall exercise due diligence
in seeking a determination on the motion and the court shall
thereafter decide the motion within a reasonable time.
If a motion filed pursuant to this subsection is timely
filed, then for purposes of perfecting an appeal, a final
judgment is not considered to have been entered until the
motion to reduce the sentence has been decided by order entered
by the trial court.
(e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR
OTHER-STATE SENTENCE. A defendant who has a previous and
unexpired sentence of imprisonment imposed by another state or
by any district court of the United States and who, after
sentence for a crime in Illinois, must return to serve the
unexpired prior sentence may have his or her sentence by the
Illinois court ordered to be concurrent with the prior
other-state or federal sentence. The court may order that any
time served on the unexpired portion of the other-state or
federal sentence, prior to his or her return to Illinois, shall
be credited on his or her Illinois sentence. The appropriate
official of the other state or the United States shall be
furnished with a copy of the order imposing sentence, which
shall provide that, when the offender is released from
other-state or federal confinement, whether by parole or by

SB1328 Enrolled - 68 - LRB100 08307 RLC 18410 b
termination of sentence, the offender shall be transferred by
the Sheriff of the committing Illinois county to the Illinois
Department of Corrections. The court shall cause the Department
of Corrections to be notified of the sentence at the time of
commitment and to be provided with copies of all records
regarding the sentence.
(f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
defendant who has a previous and unexpired sentence of
imprisonment imposed by an Illinois circuit court for a crime
in this State and who is subsequently sentenced to a term of
imprisonment by another state or by any district court of the
United States and who has served a term of imprisonment imposed
by the other state or district court of the United States, and
must return to serve the unexpired prior sentence imposed by
the Illinois circuit court, may apply to the Illinois circuit
court that imposed sentence to have his or her sentence
reduced.
The circuit court may order that any time served on the
sentence imposed by the other state or district court of the
United States be credited on his or her Illinois sentence. The
application for reduction of a sentence under this subsection
shall be made within 30 days after the defendant has completed
the sentence imposed by the other state or district court of
the United States.
(g) NO REQUIRED BIRTH CONTROL. A court may not impose a
sentence or disposition that requires the defendant to be

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implanted or injected with or to use any form of birth control.
(Source: P.A. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-4.5-55)
(Text of Section before amendment by P.A. 100-987)
Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class
A misdemeanor:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of less than one year.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of less than one
year, except as otherwise provided in Section 5-5-3 or 5-7-1
(730 ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
5/5-8-1.2) concerning eligibility for the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
period of probation or conditional discharge shall not exceed 2
years. The court shall specify the conditions of probation or
conditional discharge as set forth in Section 5-6-3 (730 ILCS
5/5-6-3).
(e) FINE. A fine not to exceed $2,500 for each offense or
the amount specified in the offense, whichever is greater, may
be imposed. A fine may be imposed in addition to a sentence of
conditional discharge, probation, periodic imprisonment, or

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imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
Art. 9) for imposition of additional amounts and determination
of amounts and payment.
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
Behavior Allowance Act (730 ILCS 130/) for rules and
regulations for good behavior allowance.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
electronic monitoring and home detention.
(Source: P.A. 100-431, eff. 8-25-17.)
(Text of Section after amendment by P.A. 100-987)
Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class
A misdemeanor:
(a) TERM. The sentence of imprisonment shall be a

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determinate sentence of less than one year.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of less than one
year, except as otherwise provided in Section 5-5-3 or 5-7-1
(730 ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
5/5-8-1.2) concerning eligibility for the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
period of probation or conditional discharge shall not exceed 2
years. The court shall specify the conditions of probation or
conditional discharge as set forth in Section 5-6-3 (730 ILCS
5/5-6-3).
(e) FINE. Unless otherwise specified by law, the minimum
fine is $75 $25. A fine not to exceed $2,500 for each offense
or the amount specified in the offense, whichever is greater,
may be imposed. A fine may be imposed in addition to a sentence
of conditional discharge, probation, periodic imprisonment, or
imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
Art. 9) for imposition of additional amounts and determination
of amounts and payment. If the court finds that the fine would
impose an undue burden on the victim, the court may reduce or
waive the fine.
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.

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(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
Behavior Allowance Act (730 ILCS 130/) for rules and
regulations for good behavior allowance.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
electronic monitoring and home detention.
(Source: P.A. 100-431, eff. 8-25-17; 100-987, eff. 7-1-19.)
(730 ILCS 5/5-4.5-60)
(Text of Section before amendment by P.A. 100-987)
Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class
B misdemeanor:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not more than 6 months.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of up to 6 months or
as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).

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(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
5/5-8-1.2) concerning eligibility for the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
conditional discharge shall not exceed 2 years. The court shall
specify the conditions of probation or conditional discharge as
set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. A fine not to exceed $1,500 for each offense or
the amount specified in the offense, whichever is greater, may
be imposed. A fine may be imposed in addition to a sentence of
conditional discharge, probation, periodic imprisonment, or
imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
Art. 9) for imposition of additional amounts and determination
of amounts and payment.
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.

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(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
Behavior Allowance Act (730 ILCS 130/) for rules and
regulations for good behavior allowance.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
electronic monitoring and home detention.
(Source: P.A. 100-431, eff. 8-25-17.)
(Text of Section after amendment by P.A. 100-987)
Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class
B misdemeanor:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not more than 6 months.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of up to 6 months or
as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
5/5-8-1.2) concerning eligibility for the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
conditional discharge shall not exceed 2 years. The court shall
specify the conditions of probation or conditional discharge as
set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. Unless otherwise specified by law, the minimum
fine is $75 $25. A fine not to exceed $1,500 for each offense

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or the amount specified in the offense, whichever is greater,
may be imposed. A fine may be imposed in addition to a sentence
of conditional discharge, probation, periodic imprisonment, or
imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
Art. 9) for imposition of additional amounts and determination
of amounts and payment. If the court finds that the fine would
impose an undue burden on the victim, the court may reduce or
waive the fine.
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
Behavior Allowance Act (730 ILCS 130/) for rules and
regulations for good behavior allowance.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
electronic monitoring and home detention.
(Source: P.A. 100-431, eff. 8-25-17; 100-987, eff. 7-1-19.)

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(730 ILCS 5/5-4.5-65)
(Text of Section before amendment by P.A. 100-987)
Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class
C misdemeanor:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not more than 30 days.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of up to 30 days or
as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
5/5-8-1.2) concerning eligibility for the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
conditional discharge shall not exceed 2 years. The court shall
specify the conditions of probation or conditional discharge as
set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. A fine not to exceed $1,500 for each offense or
the amount specified in the offense, whichever is greater, may
be imposed. A fine may be imposed in addition to a sentence of
conditional discharge, probation, periodic imprisonment, or
imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
Art. 9) for imposition of additional amounts and determination
of amounts and payment.
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)

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concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
Behavior Allowance Act (730 ILCS 130/) for rules and
regulations for good behavior allowance.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
electronic monitoring and home detention.
(Source: P.A. 100-431, eff. 8-25-17.)
(Text of Section after amendment by P.A. 100-987)
Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class
C misdemeanor:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not more than 30 days.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of up to 30 days or
as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).

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(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS
5/5-8-1.2) concerning eligibility for the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or
conditional discharge shall not exceed 2 years. The court shall
specify the conditions of probation or conditional discharge as
set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
(e) FINE. Unless otherwise specified by law, the minimum
fine is $75 $25. A fine not to exceed $1,500 for each offense
or the amount specified in the offense, whichever is greater,
may be imposed. A fine may be imposed in addition to a sentence
of conditional discharge, probation, periodic imprisonment, or
imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V,
Art. 9) for imposition of additional amounts and determination
of amounts and payment. If the court finds that the fine would
impose an undue burden on the victim, the court may reduce or
waive the fine.
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.

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(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) GOOD BEHAVIOR ALLOWANCE. See the County Jail Good
Behavior Allowance Act (730 ILCS 130/) for rules and
regulations for good behavior allowance.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
electronic monitoring and home detention.
(Source: P.A. 100-431, eff. 8-25-17; 100-987, eff. 7-1-19.)
(730 ILCS 5/5-4.5-75)
(Text of Section before amendment by P.A. 100-987)
Sec. 5-4.5-75. PETTY OFFENSES; SENTENCE. Except as
otherwise provided, for a petty offense:
(a) FINE. A defendant may be sentenced to pay a fine not to
exceed $1,000 for each offense or the amount specified in the
offense, whichever is less. A fine may be imposed in addition
to a sentence of conditional discharge or probation. See
Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for
imposition of additional amounts and determination of amounts
and payment.
(b) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-6-2 (730 ILCS 5/5-6-2), a defendant may be
sentenced to a period of probation or conditional discharge not
to exceed 6 months. The court shall specify the conditions of

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probation or conditional discharge as set forth in Section
5-6-3 (730 ILCS 5/5-6-3).
(c) RESTITUTION. A defendant may be sentenced to make
restitution to the victim under Section 5-5-6 (730 ILCS
5/5-5-6).
(d) SUPERVISION; ORDER. The court, upon a plea of guilty or
a stipulation by the defendant of the facts supporting the
charge or a finding of guilt, may defer further proceedings and
the imposition of a sentence and may enter an order for
supervision of the defendant. If the defendant is not barred
from receiving an order for supervision under Section 5-6-1
(730 ILCS 5/5-6-1) or otherwise, the court may enter an order
for supervision after considering the circumstances of the
offense, and the history, character, and condition of the
offender, if the court is of the opinion that:
(1) the defendant is not likely to commit further
crimes;
(2) the defendant and the public would be best served
if the defendant were not to receive a criminal record; and
(3) in the best interests of justice, an order of
supervision is more appropriate than a sentence otherwise
permitted under this Code.
(e) SUPERVISION; PERIOD. When a defendant is placed on
supervision, the court shall enter an order for supervision
specifying the period of supervision, and shall defer further
proceedings in the case until the conclusion of the period. The

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period of supervision shall be reasonable under all of the
circumstances of the case, and except as otherwise provided,
may not be longer than 2 years. The court shall specify the
conditions of supervision as set forth in Section 5-6-3.1 (730
ILCS 5/5-6-3.1).
(Source: P.A. 95-1052, eff. 7-1-09.)
(Text of Section after amendment by P.A. 100-987)
Sec. 5-4.5-75. PETTY OFFENSES; SENTENCE. Except as
otherwise provided, for a petty offense:
(a) FINE. Unless otherwise specified by law, the minimum
fine is $75 $25. A defendant may be sentenced to pay a fine not
to exceed $1,000 for each offense or the amount specified in
the offense, whichever is less. A fine may be imposed in
addition to a sentence of conditional discharge or probation.
See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for
imposition of additional amounts and determination of amounts
and payment. If the court finds that the fine would impose an
undue burden on the victim, the court may reduce or waive the
fine.
(b) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-6-2 (730 ILCS 5/5-6-2), a defendant may be
sentenced to a period of probation or conditional discharge not
to exceed 6 months. The court shall specify the conditions of
probation or conditional discharge as set forth in Section
5-6-3 (730 ILCS 5/5-6-3).

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(c) RESTITUTION. A defendant may be sentenced to make
restitution to the victim under Section 5-5-6 (730 ILCS
5/5-5-6).
(d) SUPERVISION; ORDER. The court, upon a plea of guilty or
a stipulation by the defendant of the facts supporting the
charge or a finding of guilt, may defer further proceedings and
the imposition of a sentence and may enter an order for
supervision of the defendant. If the defendant is not barred
from receiving an order for supervision under Section 5-6-1
(730 ILCS 5/5-6-1) or otherwise, the court may enter an order
for supervision after considering the circumstances of the
offense, and the history, character, and condition of the
offender, if the court is of the opinion that:
(1) the defendant is not likely to commit further
crimes;
(2) the defendant and the public would be best served
if the defendant were not to receive a criminal record; and
(3) in the best interests of justice, an order of
supervision is more appropriate than a sentence otherwise
permitted under this Code.
(e) SUPERVISION; PERIOD. When a defendant is placed on
supervision, the court shall enter an order for supervision
specifying the period of supervision, and shall defer further
proceedings in the case until the conclusion of the period. The
period of supervision shall be reasonable under all of the
circumstances of the case, and except as otherwise provided,

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may not be longer than 2 years. The court shall specify the
conditions of supervision as set forth in Section 5-6-3.1 (730
ILCS 5/5-6-3.1).
(Source: P.A. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-4.5-80)
(Text of Section before amendment by P.A. 100-987)
Sec. 5-4.5-80. BUSINESS OFFENSES; SENTENCE. Except as
otherwise provided, for a business offense:
(a) FINE. A defendant may be sentenced to pay a fine not to
exceed for each offense the amount specified in the statute
defining that offense. A fine may be imposed in addition to a
sentence of conditional discharge. See Article 9 of Chapter V
(730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts
and determination of amounts and payment.
(b) CONDITIONAL DISCHARGE. A defendant may be sentenced to
a period of conditional discharge. The court shall specify the
conditions of conditional discharge as set forth in Section
5-6-3 (730 ILCS 5/5-6-3).
(c) RESTITUTION. A defendant may be sentenced to make
restitution to the victim under Section 5-5-6 (730 ILCS
5/5-5-6).
(d) SUPERVISION; ORDER. The court, upon a plea of guilty or
a stipulation by the defendant of the facts supporting the
charge or a finding of guilt, may defer further proceedings and
the imposition of a sentence and may enter an order for

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supervision of the defendant. If the defendant is not barred
from receiving an order for supervision under Section 5-6-1
(730 ILCS 5/5-6-1) or otherwise, the court may enter an order
for supervision after considering the circumstances of the
offense, and the history, character, and condition of the
offender, if the court is of the opinion that:
(1) the defendant is not likely to commit further
crimes;
(2) the defendant and the public would be best served
if the defendant were not to receive a criminal record; and
(3) in the best interests of justice, an order of
supervision is more appropriate than a sentence otherwise
permitted under this Code.
(e) SUPERVISION; PERIOD. When a defendant is placed on
supervision, the court shall enter an order for supervision
specifying the period of supervision, and shall defer further
proceedings in the case until the conclusion of the period. The
period of supervision shall be reasonable under all of the
circumstances of the case, and except as otherwise provided,
may not be longer than 2 years. The court shall specify the
conditions of supervision as set forth in Section 5-6-3.1 (730
ILCS 5/5-6-3.1).
(Source: P.A. 95-1052, eff. 7-1-09.)
(Text of Section after amendment by P.A. 100-987)
Sec. 5-4.5-80. BUSINESS OFFENSES; SENTENCE. Except as

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otherwise provided, for a business offense:
(a) FINE. Unless otherwise specified by law, the minimum
fine is $75 $25. A defendant may be sentenced to pay a fine not
to exceed for each offense the amount specified in the statute
defining that offense. A fine may be imposed in addition to a
sentence of conditional discharge. See Article 9 of Chapter V
(730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts
and determination of amounts and payment. If the court finds
that the fine would impose an undue burden on the victim, the
court may reduce or waive the fine.
(b) CONDITIONAL DISCHARGE. A defendant may be sentenced to
a period of conditional discharge. The court shall specify the
conditions of conditional discharge as set forth in Section
5-6-3 (730 ILCS 5/5-6-3).
(c) RESTITUTION. A defendant may be sentenced to make
restitution to the victim under Section 5-5-6 (730 ILCS
5/5-5-6).
(d) SUPERVISION; ORDER. The court, upon a plea of guilty or
a stipulation by the defendant of the facts supporting the
charge or a finding of guilt, may defer further proceedings and
the imposition of a sentence and may enter an order for
supervision of the defendant. If the defendant is not barred
from receiving an order for supervision under Section 5-6-1
(730 ILCS 5/5-6-1) or otherwise, the court may enter an order
for supervision after considering the circumstances of the
offense, and the history, character, and condition of the

SB1328 Enrolled - 86 - LRB100 08307 RLC 18410 b
offender, if the court is of the opinion that:
(1) the defendant is not likely to commit further
crimes;
(2) the defendant and the public would be best served
if the defendant were not to receive a criminal record; and
(3) in the best interests of justice, an order of
supervision is more appropriate than a sentence otherwise
permitted under this Code.
(e) SUPERVISION; PERIOD. When a defendant is placed on
supervision, the court shall enter an order for supervision
specifying the period of supervision, and shall defer further
proceedings in the case until the conclusion of the period. The
period of supervision shall be reasonable under all of the
circumstances of the case, and except as otherwise provided,
may not be longer than 2 years. The court shall specify the
conditions of supervision as set forth in Section 5-6-3.1 (730
ILCS 5/5-6-3.1).
(Source: P.A. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-1.9)
(Text of Section before amendment by P.A. 100-987)
Sec. 5-9-1.9. DUI analysis fee.
(a) "Crime laboratory" means a not-for-profit laboratory
substantially funded by a single unit or combination of units
of local government or the State of Illinois that regularly
employs at least one person engaged in the DUI analysis of

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blood, other bodily substance, and urine for criminal justice
agencies in criminal matters and provides testimony with
respect to such examinations.
"DUI analysis" means an analysis of blood, other bodily
substance, or urine for purposes of determining whether a
violation of Section 11-501 of the Illinois Vehicle Code has
occurred.
(b) When a person has been adjudged guilty of an offense in
violation of Section 11-501 of the Illinois Vehicle Code, in
addition to any other disposition, penalty, or fine imposed, a
crime laboratory DUI analysis fee of $150 for each offense for
which the person was convicted shall be levied by the court for
each case in which a laboratory analysis occurred. Upon
verified petition of the person, the court may suspend payment
of all or part of the fee if it finds that the person does not
have the ability to pay the fee.
(c) In addition to any other disposition made under the
provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense which if committed by an
adult would constitute a violation of Section 11-501 of the
Illinois Vehicle Code shall be assessed a crime laboratory DUI
analysis fee of $150 for each adjudication. Upon verified
petition of the minor, the court may suspend payment of all or
part of the fee if it finds that the minor does not have the
ability to pay the fee. The parent, guardian, or legal
custodian of the minor may pay some or all of the fee on the

SB1328 Enrolled - 88 - LRB100 08307 RLC 18410 b
minor's behalf.
(d) All crime laboratory DUI analysis fees provided for by
this Section shall be collected by the clerk of the court and
forwarded to the appropriate crime laboratory DUI fund as
provided in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) A unit of local government that maintains a crime
laboratory may establish a crime laboratory DUI fund within
the office of the county or municipal treasurer.
(2) Any combination of units of local government that
maintains a crime laboratory may establish a crime
laboratory DUI fund within the office of the treasurer of
the county where the crime laboratory is situated.
(3) The State Police DUI Fund is created as a special
fund in the State Treasury.
(f) The analysis fee provided for in subsections (b) and
(c) of this Section shall be forwarded to the office of the
treasurer of the unit of local government that performed the
analysis if that unit of local government has established a
crime laboratory DUI fund, or to the State Treasurer for
deposit into the State Police DUI Fund if the analysis was
performed by a laboratory operated by the Department of State
Police. If the analysis was performed by a crime laboratory
funded by a combination of units of local government, the
analysis fee shall be forwarded to the treasurer of the county
where the crime laboratory is situated if a crime laboratory

SB1328 Enrolled - 89 - LRB100 08307 RLC 18410 b
DUI fund has been established in that county. If the unit of
local government or combination of units of local government
has not established a crime laboratory DUI fund, then the
analysis fee shall be forwarded to the State Treasurer for
deposit into the State Police DUI Fund. The clerk of the
circuit court may retain the amount of $10 from each collected
analysis fee to offset administrative costs incurred in
carrying out the clerk's responsibilities under this Section.
(g) Fees deposited into a crime laboratory DUI fund created
under paragraphs (1) and (2) of subsection (e) of this Section
shall be in addition to any allocations made pursuant to
existing law and shall be designated for the exclusive use of
the crime laboratory. These uses may include, but are not
limited to, the following:
(1) Costs incurred in providing analysis for DUI
investigations conducted within this State.
(2) Purchase and maintenance of equipment for use in
performing analyses.
(3) Continuing education, training, and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Fees deposited in the State Police DUI Fund created
under paragraph (3) of subsection (e) of this Section shall be
used by State crime laboratories as designated by the Director
of State Police. These funds shall be in addition to any
allocations made according to existing law and shall be

SB1328 Enrolled - 90 - LRB100 08307 RLC 18410 b
designated for the exclusive use of State crime laboratories.
These uses may include those enumerated in subsection (g) of
this Section.
(Source: P.A. 99-697, eff. 7-29-16.)
(Text of Section after amendment by P.A. 100-987)
Sec. 5-9-1.9. DUI analysis fee.
(a) "Crime laboratory" means a not-for-profit laboratory
substantially funded by a single unit or combination of units
of local government or the State of Illinois that regularly
employs at least one person engaged in the DUI analysis of
blood, other bodily substance, and urine for criminal justice
agencies in criminal matters and provides testimony with
respect to such examinations.
"DUI analysis" means an analysis of blood, other bodily
substance, or urine for purposes of determining whether a
violation of Section 11-501 of the Illinois Vehicle Code has
occurred.
(b) (Blank).
(c) In addition to any other disposition made under the
provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense which if committed by an
adult would constitute a violation of Section 11-501 of the
Illinois Vehicle Code shall pay a crime laboratory DUI analysis
assessment of $150 for each adjudication. Upon verified
petition of the minor, the court may suspend payment of all or

SB1328 Enrolled - 91 - LRB100 08307 RLC 18410 b
part of the assessment if it finds that the minor does not have
the ability to pay the assessment. The parent, guardian, or
legal custodian of the minor may pay some or all of the
assessment on the minor's behalf.
(d) All crime laboratory DUI analysis assessments provided
for by this Section shall be collected by the clerk of the
court and forwarded to the appropriate crime laboratory DUI
fund as provided in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) A unit of local government that maintains a crime
laboratory may establish a crime laboratory DUI fund within
the office of the county or municipal treasurer.
(2) Any combination of units of local government that
maintains a crime laboratory may establish a crime
laboratory DUI fund within the office of the treasurer of
the county where the crime laboratory is situated.
(3) The State Police DUI Fund is created as a special
fund in the State Treasury.
(f) The analysis assessment provided for in subsection (c)
of this Section shall be forwarded to the office of the
treasurer of the unit of local government that performed the
analysis if that unit of local government has established a
crime laboratory DUI fund, or to the State Treasurer for
deposit into the State Crime Laboratory Police Operations
Assistance Fund if the analysis was performed by a laboratory
operated by the Department of State Police. If the analysis was

SB1328 Enrolled - 92 - LRB100 08307 RLC 18410 b
performed by a crime laboratory funded by a combination of
units of local government, the analysis assessment shall be
forwarded to the treasurer of the county where the crime
laboratory is situated if a crime laboratory DUI fund has been
established in that county. If the unit of local government or
combination of units of local government has not established a
crime laboratory DUI fund, then the analysis assessment shall
be forwarded to the State Treasurer for deposit into the State
Crime Laboratory Police Operations Assistance Fund.
(g) Moneys deposited into a crime laboratory DUI fund
created under paragraphs (1) and (2) of subsection (e) of this
Section shall be in addition to any allocations made pursuant
to existing law and shall be designated for the exclusive use
of the crime laboratory. These uses may include, but are not
limited to, the following:
(1) Costs incurred in providing analysis for DUI
investigations conducted within this State.
(2) Purchase and maintenance of equipment for use in
performing analyses.
(3) Continuing education, training, and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Moneys deposited in the State Crime Laboratory Police
Operations Assistance Fund shall be used by State crime
laboratories as designated by the Director of State Police.
These funds shall be in addition to any allocations made

SB1328 Enrolled - 93 - LRB100 08307 RLC 18410 b
according to existing law and shall be designated for the
exclusive use of State crime laboratories. These uses may
include those enumerated in subsection (g) of this Section.
(Source: P.A. 99-697, eff. 7-29-16; 100-987, eff. 7-1-19.)
Section 25. The Code of Civil Procedure is amended by
changing Section 5-105 as follows:
(735 ILCS 5/5-105) (from Ch. 110, par. 5-105)
Sec. 5-105. Waiver of court fees, costs, and charges.
(a) As used in this Section:
(1) "Fees, costs, and charges" means payments imposed
on a party in connection with the prosecution or defense of
a civil action, including, but not limited to: fees set
forth in Section 27.1b of the Clerks of Courts Act; fees
for service of process and other papers served either
within or outside this State, including service by
publication pursuant to Section 2-206 of this Code and
publication of necessary legal notices; motion fees;
charges for participation in, or attendance at, any
mandatory process or procedure including, but not limited
to, conciliation, mediation, arbitration, counseling,
evaluation, "Children First", "Focus on Children" or
similar programs; fees for supplementary proceedings;
charges for translation services; guardian ad litem fees;
and all other processes and procedures deemed by the court

SB1328 Enrolled - 94 - LRB100 08307 RLC 18410 b
to be necessary to commence, prosecute, defend, or enforce
relief in a civil action.
(2) "Indigent person" means any person who meets one or
more of the following criteria:
(i) He or she is receiving assistance under one or
more of the following means-based means based
governmental public benefits programs: Supplemental
Security Income (SSI), Aid to the Aged, Blind and
Disabled (AABD), Temporary Assistance for Needy
Families (TANF), Supplemental Nutrition Assistance
Program (SNAP), General Assistance, Transitional
Assistance, or State Children and Family Assistance.
(ii) His or her available personal income is 125%
200% or less of the current poverty level, unless the
applicant's assets that are not exempt under Part 9 or
10 of Article XII of this Code are of a nature and
value that the court determines that the applicant is
able to pay the fees, costs, and charges.
(iii) He or she is, in the discretion of the court,
unable to proceed in an action without payment of fees,
costs, and charges and whose payment of those fees,
costs, and charges would result in substantial
hardship to the person or his or her family.
(iv) He or she is an indigent person pursuant to
Section 5-105.5 of this Code.
(3) "Poverty level" means the current poverty level as

SB1328 Enrolled - 95 - LRB100 08307 RLC 18410 b
established by the United States Department of Health and
Human Services.
(b) On the application of any person, before or after the
commencement of an action:
(1) If the court finds that the applicant is an
indigent person, the court shall grant the applicant a full
fees, costs, and charges waiver entitling him or her to sue
or defend the action without payment of any of the fees,
costs, and charges.
(2) If the court finds that the applicant satisfies any
of the criteria contained in items (i), (ii), or (iii) of
this subdivision (b)(2), the court shall grant the
applicant a partial fees, costs, and charges waiver
entitling him or her to sue or defend the action upon
payment of the applicable percentage of the assessments,
costs, and charges of the action, as follows:
(i) the court shall waive 75% of all fees, costs,
and charges if the available income of the applicant is
greater than 125% 200% but does not exceed 150% 250% of
the poverty level, unless the assets of the applicant
that are not exempt under Part 9 or 10 of Article XII
of this Code are such that the applicant is able,
without undue hardship, to pay a greater portion of the
fees, costs, and charges;
(ii) the court shall waive 50% of all fees, costs,
and charges if the available income is greater than

SB1328 Enrolled - 96 - LRB100 08307 RLC 18410 b
150% 250% but does not exceed 175% 300% of the poverty
level, unless the assets of the applicant that are not
exempt under Part 9 or 10 of Article XII of this Code
are such that the applicant is able, without undue
hardship, to pay a greater portion of the fees, costs,
and charges; and
(iii) the court shall waive 25% of all fees, costs,
and charges if the available income of the applicant is
greater than 175% 300% but does not exceed 200% 400% of
the current poverty level, unless the assets of the
applicant that are not exempt under Part 9 or 10 of
Article XII of this Code are such that the applicant is
able, without undue hardship, to pay a greater portion
of the fees, costs, and charges.
(c) An application for waiver of court fees, costs, and
charges shall be in writing and signed by the applicant, or, if
the applicant is a minor or an incompetent adult, by another
person having knowledge of the facts. The contents of the
application for waiver of court fees, costs, and charges, and
the procedure for the decision of the applications, shall be
established by Supreme Court Rule. Factors to consider in
evaluating an application shall include:
(1) the applicant's receipt of needs based
governmental public benefits, including Supplemental
Security Income (SSI); Aid to the Aged, Blind and Disabled
(ADBD); Temporary Assistance for Needy Families (TANF);

SB1328 Enrolled - 97 - LRB100 08307 RLC 18410 b
Supplemental Nutrition Assistance Program (SNAP or "food
stamps"); General Assistance; Transitional Assistance; or
State Children and Family Assistance;
(2) the employment status of the applicant and amount
of monthly income, if any;
(3) income received from the applicant's pension,
Social Security benefits, unemployment benefits, and other
sources;
(4) income received by the applicant from other
household members;
(5) the applicant's monthly expenses, including rent,
home mortgage, other mortgage, utilities, food, medical,
vehicle, childcare, debts, child support, and other
expenses; and
(6) financial affidavits or other similar supporting
documentation provided by the applicant showing that
payment of the imposed fees, costs, and charges would
result in substantial hardship to the applicant or the
applicant's family.
(c-5) The court shall provide, through the office of the
clerk of the court, the application for waiver of court fees,
costs, and charges to any person seeking to sue or defend an
action who indicates an inability to pay the fees, costs, and
charges of the action. The clerk of the court shall post in a
conspicuous place in the courthouse a notice no smaller than
8.5 x 11 inches, using no smaller than 30-point typeface

SB1328 Enrolled - 98 - LRB100 08307 RLC 18410 b
printed in English and in Spanish, advising the public that
they may ask the court for permission to sue or defend a civil
action without payment of fees, costs, and charges. The notice
shall be substantially as follows:
"If you are unable to pay the fees, costs, and charges
of an action you may ask the court to allow you to proceed
without paying them. Ask the clerk of the court for forms."
(d) (Blank).
(e) The clerk of the court shall not refuse to accept and
file any complaint, appearance, or other paper presented by the
applicant if accompanied by an application for waiver of court
fees, costs, and charges, and those papers shall be considered
filed on the date the application is presented. If the
application is denied or a partial fees, costs, and charges
waiver is granted, the order shall state a date certain by
which the necessary fees, costs, and charges must be paid. For
good cause shown, the court may allow an applicant who receives
a partial fees, costs, and charges waiver to defer payment of
fees, costs, and charges, make installment payments, or make
payment upon reasonable terms and conditions stated in the
order. The court may dismiss the claims or strike the defenses
of any party failing to pay the fees, costs, and charges within
the time and in the manner ordered by the court. A judicial
ruling on an application for waiver of court assessments does
not constitute a decision of a substantial issue in the case
under Section 2-1001 of this Code.

SB1328 Enrolled - 99 - LRB100 08307 RLC 18410 b
(f) The order granting a full or partial fees, costs, and
charges waiver shall expire after one year. Upon expiration of
the waiver, or a reasonable period of time before expiration,
the party whose fees, costs, and charges were waived may file
another application for waiver and the court shall consider the
application in accordance with the applicable Supreme Court
Rule.
(f-5) If, before or at the time of final disposition of the
case, the court obtains information, including information
from the court file, suggesting that a person whose fees,
costs, and charges were initially waived was not entitled to a
full or partial waiver at the time of application, the court
may require the person to appear at a court hearing by giving
the applicant no less than 10 days' written notice of the
hearing and the specific reasons why the initial waiver might
be reconsidered. The court may require the applicant to provide
reasonably available evidence, including financial
information, to support his or her eligibility for the waiver,
but the court shall not require submission of information that
is unrelated to the criteria for eligibility and application
requirements set forth in subdivision subdivisions (b)(1) or
(b)(2) of this Section. If the court finds that the person was
not initially entitled to any waiver, the person shall pay all
fees, costs, and charges relating to the civil action,
including any previously waived previously-waived fees, costs,
and charges. The order may state terms of payment in accordance

SB1328 Enrolled - 100 - LRB100 08307 RLC 18410 b
with subsection (e). The court shall not conduct a hearing
under this subsection more often than once every 6 months.
(f-10) If, before or at the time of final disposition of
the case, the court obtains information, including information
from the court file, suggesting that a person who received a
full or partial waiver has experienced a change in financial
condition so that he or she is no longer eligible for that
waiver, the court may require the person to appear at a court
hearing by giving the applicant no less than 10 days' written
notice of the hearing and the specific reasons why the waiver
might be reconsidered. The court may require the person to
provide reasonably available evidence, including financial
information, to support his or her continued eligibility for
the waiver, but shall not require submission of information
that is unrelated to the criteria for eligibility and
application requirements set forth in subdivisions subsections
(b)(1) and (b)(2) of this Section. If the court enters an order
finding that the person is no longer entitled to a waiver, or
is entitled to a partial waiver different than that which the
person had previously received, the person shall pay the
requisite fees, costs, and charges from the date of the order
going forward. The order may state terms of payment in
accordance with subsection (e) of this Section. The court shall
not conduct a hearing under this subsection more often than
once every 6 months.
(g) A court, in its discretion, may appoint counsel to

SB1328 Enrolled - 101 - LRB100 08307 RLC 18410 b
represent an indigent person, and that counsel shall perform
his or her duties without fees, charges, or reward.
(h) Nothing in this Section shall be construed to affect
the right of a party to sue or defend an action in forma
pauperis without the payment of fees, costs, charges, or the
right of a party to court-appointed counsel, as authorized by
any other provision of law or by the rules of the Illinois
Supreme Court. Nothing in this Section shall be construed to
limit the authority of a court to order another party to the
action to pay the fees, costs, and charges of the action.
(h-5) If a party is represented by a civil legal services
provider or an attorney in a court-sponsored pro bono program
as defined in Section 5-105.5 of this Code, the attorney
representing that party shall file a certification with the
court in accordance with Supreme Court Rule 298 and that party
shall be allowed to sue or defend without payment of fees,
costs, and charges without filing an application under this
Section.
(h-10) If an attorney files an appearance on behalf of a
person whose fees, costs, and charges were initially waived
under this Section, the attorney must pay all fees, costs, and
charges relating to the civil action, including any previously
waived fees, costs, and charges, unless the attorney is either
a civil legal services provider, representing his or her client
as part of a court-sponsored pro bono program as defined in
Section 5-105.1 of this Code, or appearing under a limited

SB1328 Enrolled - 102 - LRB100 08307 RLC 18410 b
scope appearance in accordance with Supreme Court Rule
13(c)(6).
(i) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 100-987, eff. 7-1-19; revised 10-3-18.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect July 1,
2019.