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
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1 | AMENDMENT TO SENATE BILL 1631
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2 | AMENDMENT NO. ______. Amend Senate Bill 1631 on page 1, by | ||||||
3 | inserting immediately below line 3 the following:
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4 | "Section 2. The Clerks of Courts Act is amended by changing | ||||||
5 | Section 27.3a as follows:
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6 | (705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
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7 | Sec. 27.3a. Fees for automated record keeping , probation | ||||||
8 | and court services operations, and State Police operations.
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9 | 1. The expense of establishing and maintaining automated | ||||||
10 | record
keeping systems in the offices of the clerks of the | ||||||
11 | circuit court shall
be borne by the county. To defray such | ||||||
12 | expense in any county having
established such an automated | ||||||
13 | system or which elects to establish such a
system, the county | ||||||
14 | board may require the clerk of the circuit court in
their | ||||||
15 | county to charge and collect a court automation fee of not less | ||||||
16 | than
$1 nor more than $15 to be charged and collected by the |
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1 | clerk of the court.
Such fee shall be paid at the time of | ||||||
2 | filing the first pleading, paper or
other appearance filed by | ||||||
3 | each party in all civil cases or by the defendant
in any | ||||||
4 | felony, traffic, misdemeanor, municipal ordinance, or | ||||||
5 | conservation
case upon a judgment of guilty or grant of | ||||||
6 | supervision, provided that
the record keeping system which | ||||||
7 | processes the case
category for which the fee is charged is | ||||||
8 | automated or has been approved for
automation by the county | ||||||
9 | board, and provided further that no additional fee
shall be | ||||||
10 | required if more than one party is presented in a single | ||||||
11 | pleading,
paper or other appearance. Such fee shall be | ||||||
12 | collected in the manner in
which all other fees or costs are | ||||||
13 | collected.
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14 | 1.1. Starting on the effective date of this amendatory Act | ||||||
15 | of the 97th General Assembly and pursuant to an administrative | ||||||
16 | order from the chief judge of the circuit or the presiding | ||||||
17 | judge of the county authorizing such collection, a clerk of the | ||||||
18 | circuit court in any county that imposes a fee pursuant to | ||||||
19 | subsection 1 of this Section shall also charge and collect an | ||||||
20 | additional $10 operations fee for probation and court services | ||||||
21 | department operations, except as follows: such $10 operations | ||||||
22 | fee shall not be charged and collected in cases governed by | ||||||
23 | Supreme Court Rule 529 and the bail amount is $120 or less. | ||||||
24 | 1.2. With respect to the fee imposed and collected under | ||||||
25 | subsection 1.1 of this Section, each clerk shall transfer all | ||||||
26 | fees monthly to the county treasurer for deposit into the |
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1 | probation and court services fund created under Section 15.1 of | ||||||
2 | the Probation and Probation Officers Act. | ||||||
3 | 1.5. Starting on the effective date of this amendatory Act | ||||||
4 | of the 96th General Assembly, a clerk of the circuit court in | ||||||
5 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
6 | Section, shall charge and collect an additional fee in an | ||||||
7 | amount equal to the amount of the fee imposed pursuant to | ||||||
8 | subsection 1 of this Section. This additional fee shall be paid | ||||||
9 | by the defendant in any felony, traffic, misdemeanor, local | ||||||
10 | ordinance, or conservation case upon a judgment of guilty or | ||||||
11 | grant of supervision. | ||||||
12 | 2. With respect to the fee imposed under subsection 1 of | ||||||
13 | this Section, each clerk shall commence such charges and | ||||||
14 | collections upon receipt
of written notice from the chairman of | ||||||
15 | the county board together with a
certified copy of the board's | ||||||
16 | resolution, which the clerk shall file of
record in his office.
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17 | 3. With respect to the fee imposed under subsection 1 of | ||||||
18 | this Section, such fees shall be in addition to all other fees | ||||||
19 | and charges of such
clerks, and assessable as costs, and may be | ||||||
20 | waived only if the judge
specifically provides for the waiver | ||||||
21 | of the court automation fee. The
fees shall be remitted monthly | ||||||
22 | by such clerk to the county treasurer, to be
retained by him in | ||||||
23 | a special fund designated as the court automation fund.
The | ||||||
24 | fund shall be audited by the county auditor, and the board | ||||||
25 | shall make
expenditure from the fund in payment of any cost | ||||||
26 | related to the automation
of court records, including hardware, |
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1 | software, research and development
costs and personnel related | ||||||
2 | thereto, provided that the expenditure is
approved by the clerk | ||||||
3 | of the court and by the chief judge of the circuit
court or his | ||||||
4 | designate.
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5 | 4. With respect to the fee imposed under subsection 1 of | ||||||
6 | this Section, such fees shall not be charged in any matter | ||||||
7 | coming to any such clerk
on change of venue, nor in any | ||||||
8 | proceeding to review the decision of any
administrative | ||||||
9 | officer, agency or body.
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10 | 5. With respect to the additional fee imposed under | ||||||
11 | subsection 1.5 of this Section, the fee shall be remitted by | ||||||
12 | the circuit clerk to the State Treasurer within one month after | ||||||
13 | receipt for deposit into the State Police Operations Assistance | ||||||
14 | Fund. | ||||||
15 | (Source: P.A. 96-1029, eff. 7-13-10.)"; and
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16 | on page 3, line 22, by replacing "2002." with the following: | ||||||
17 | "2002 , except that the Administrative Office of the Illinois | ||||||
18 | Courts shall adjust this amount appropriated in 2002 by 3% per | ||||||
19 | year and may continue to permit use of the probation and court | ||||||
20 | services fund for salaries in any State fiscal year where the | ||||||
21 | State reimbursement to counties is regularly delayed more than | ||||||
22 | 4 months .".
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