Bill Text: IL SB1631 | 2011-2012 | 97th General Assembly | Amended


Bill Title: Amends the Probation and Probation Officers Act relating to the use of moneys in the probation and court services Fund. Provides that the Administrative Office of the Illinois Courts may permit a county or circuit to use its probation and court services fund for the payment of salaries of probation officers and other court services personnel whose salaries are reimbursed under the Act in any State fiscal year that the appropriation for reimbursement to counties for probation salaries and services is less than the amount appropriated to the Supreme Court for these purposes for State Fiscal Year 2002. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2011-10-27 - Bill Dead - Amendatory Veto [SB1631 Detail]

Download: Illinois-2011-SB1631-Amended.html

Rep. Kelly M. Cassidy

Filed: 5/20/2011

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1
AMENDMENT TO SENATE BILL 1631
2 AMENDMENT NO. ______. Amend Senate Bill 1631 on page 1, by
3inserting immediately below line 3 the following:
4 "Section 2. The Clerks of Courts Act is amended by changing
5Section 27.3a as follows:
6 (705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
7 Sec. 27.3a. Fees for automated record keeping, probation
8and court services operations, and State Police operations.
9 1. The expense of establishing and maintaining automated
10record keeping systems in the offices of the clerks of the
11circuit court shall be borne by the county. To defray such
12expense in any county having established such an automated
13system or which elects to establish such a system, the county
14board may require the clerk of the circuit court in their
15county to charge and collect a court automation fee of not less
16than $1 nor more than $15 to be charged and collected by the

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1clerk of the court. Such fee shall be paid at the time of
2filing the first pleading, paper or other appearance filed by
3each party in all civil cases or by the defendant in any
4felony, traffic, misdemeanor, municipal ordinance, or
5conservation case upon a judgment of guilty or grant of
6supervision, provided that the record keeping system which
7processes the case category for which the fee is charged is
8automated or has been approved for automation by the county
9board, and provided further that no additional fee shall be
10required if more than one party is presented in a single
11pleading, paper or other appearance. Such fee shall be
12collected in the manner in which all other fees or costs are
13collected.
14 1.1. Starting on the effective date of this amendatory Act
15of the 97th General Assembly and pursuant to an administrative
16order from the chief judge of the circuit or the presiding
17judge of the county authorizing such collection, a clerk of the
18circuit court in any county that imposes a fee pursuant to
19subsection 1 of this Section shall also charge and collect an
20additional $10 operations fee for probation and court services
21department operations, except as follows: such $10 operations
22fee shall not be charged and collected in cases governed by
23Supreme Court Rule 529 and the bail amount is $120 or less.
24 1.2. With respect to the fee imposed and collected under
25subsection 1.1 of this Section, each clerk shall transfer all
26fees monthly to the county treasurer for deposit into the

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1probation and court services fund created under Section 15.1 of
2the Probation and Probation Officers Act.
3 1.5. Starting on the effective date of this amendatory Act
4of the 96th General Assembly, a clerk of the circuit court in
5any county that imposes a fee pursuant to subsection 1 of this
6Section, shall charge and collect an additional fee in an
7amount equal to the amount of the fee imposed pursuant to
8subsection 1 of this Section. This additional fee shall be paid
9by the defendant in any felony, traffic, misdemeanor, local
10ordinance, or conservation case upon a judgment of guilty or
11grant of supervision.
12 2. With respect to the fee imposed under subsection 1 of
13this Section, each clerk shall commence such charges and
14collections upon receipt of written notice from the chairman of
15the county board together with a certified copy of the board's
16resolution, which the clerk shall file of record in his office.
17 3. With respect to the fee imposed under subsection 1 of
18this Section, such fees shall be in addition to all other fees
19and charges of such clerks, and assessable as costs, and may be
20waived only if the judge specifically provides for the waiver
21of the court automation fee. The fees shall be remitted monthly
22by such clerk to the county treasurer, to be retained by him in
23a special fund designated as the court automation fund. The
24fund shall be audited by the county auditor, and the board
25shall make expenditure from the fund in payment of any cost
26related to the automation of court records, including hardware,

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1software, research and development costs and personnel related
2thereto, provided that the expenditure is approved by the clerk
3of the court and by the chief judge of the circuit court or his
4designate.
5 4. With respect to the fee imposed under subsection 1 of
6this Section, such fees shall not be charged in any matter
7coming to any such clerk on change of venue, nor in any
8proceeding to review the decision of any administrative
9officer, agency or body.
10 5. With respect to the additional fee imposed under
11subsection 1.5 of this Section, the fee shall be remitted by
12the circuit clerk to the State Treasurer within one month after
13receipt for deposit into the State Police Operations Assistance
14Fund.
15(Source: P.A. 96-1029, eff. 7-13-10.)"; and
16on page 3, line 22, by replacing "2002." with the following:
17"2002, except that the Administrative Office of the Illinois
18Courts shall adjust this amount appropriated in 2002 by 3% per
19year and may continue to permit use of the probation and court
20services fund for salaries in any State fiscal year where the
21State reimbursement to counties is regularly delayed more than
224 months.".
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