Bill Text: IL SB1886 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Counties Code. Reenacts a court services fee repealed by Public Act 100-987. Change the name of the fee to an assessment and provides that the assessment will be in addition to assessments in the Criminal and Traffic Assessment Act. Removes references to repealed cross references. Makes a conforming change in the Code. Amends the Criminal and Traffic Assessment Act making conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB1886 Detail]

Download: Illinois-2021-SB1886-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1886 Introduced 2/26/2021, by Sen. Brian W. Stewart SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-6023 from Ch. 34, par. 3-6023
55 ILCS 5/5-1103 from Ch. 34, par. 5-1103
55 ILCS 5/5-1103.05 new
705 ILCS 135/905-43
Amends the Counties Code. Reenacts a court services fee repealed by Public Act 100-987. Change the name of the fee to an assessment and provides that the assessment will be in addition to assessments in the Criminal and Traffic Assessment Act. Removes references to repealed cross references. Makes a conforming change in the Code. Amends the Criminal and Traffic Assessment Act making conforming changes. Effective immediately.
LRB102 15523 AWJ 20886 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB1886 LRB102 15523 AWJ 20886 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 3-6023, by reenacting and changing Section 5-1103, and
by adding Section 5-1103.05 as follows:
(55 ILCS 5/3-6023) (from Ch. 34, par. 3-6023)
Sec. 3-6023. Attendance at courts. Each sheriff shall, in
person or by deputy, county corrections officer, or court
security officer, attend upon all courts held in his or her
county when in session, and obey the lawful orders and
directions of the court, and shall maintain the security of
the courthouse. Court services customarily performed by
sheriffs shall be provided by the sheriff or his or her
deputies, county corrections officers, or court security
officers, rather than by employees of the court, unless there
are no deputies, county corrections officers, or court
security officers available to perform such services. The
expenses of the sheriff in carrying out his or her duties under
this Section, including the compensation of deputies, county
corrections officers, or court security officers assigned to
such services, shall be paid to the county from assessments
fees collected pursuant to court order for services of the

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sheriff and from any court services assessments fees collected
by the county under the Criminal and Traffic Assessment Act
and Section 5-1103 of this Code.
(Source: P.A. 100-987, eff. 7-1-19.)
(55 ILCS 5/5-1103) (from Ch. 34, par. 5-1103)
Sec. 5-1103. Court services fee. In addition to any
assessment provided for under the Criminal and Traffic
Assessment Act, a A county board may enact by ordinance or
resolution a court services assessment fee dedicated to
defraying court security expenses incurred by the sheriff in
providing court services or for any other court services
deemed necessary by the sheriff to provide for court security,
including without limitation court services provided pursuant
to Section 3-6023, as now or hereafter amended. Such
assessment fee shall be paid in civil cases by each party at
the time of filing the first pleading, paper or other
appearance; provided that no additional assessment fee shall
be required if more than one party is represented in a single
pleading, paper or other appearance. In criminal, local
ordinance, county ordinance, traffic and conservation cases,
such assessment fee shall be assessed against the defendant
upon a plea of guilty, stipulation of facts or findings of
guilty, resulting in a judgment of conviction, or order of
supervision, or sentence of probation without entry of
judgment pursuant to Section 10 of the Cannabis Control Act,

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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, or
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Substance Use Disorder
Act, or Section 10 of the Steroid Control Act. In setting such
assessment fee, the county board may impose, with the
concurrence of the Chief Judge of the judicial circuit in
which the county is located by administrative order entered by
the Chief Judge, differential rates for the various types or
categories of criminal and civil cases, but the maximum rate
shall not exceed $25, unless the assessment fee is set
according to an acceptable cost study in accordance with
Section 4-5001 of the Counties Code. All proceeds from this
assessment fee must be used to defray court security expenses
incurred by the sheriff in providing court services. No
assessment fee shall be imposed or collected, however, in
traffic, conservation, and ordinance cases in which fines are
paid without a court appearance. The assessments fees shall be
collected in the manner in which all other court assessments
fees or costs are collected and shall be deposited into the
county general fund for payment solely of costs incurred by
the sheriff in providing court security or for any other court
services deemed necessary by the sheriff to provide for court
security.

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(Source: P.A. 99-265, eff. 1-1-16; 100-759, eff. 1-1-19.)
(55 ILCS 5/5-1103.05 new)
Sec. 5-1103.05. Continuation of Section 5-1103; validation
under this amendatory Act of the 102nd General Assembly.
(a) The General Assembly finds and declares all of the
following:
(1) Public Act 100-987, which took effect on August
20, 2018, repealed Section 5-1103 of this Code.
(2) The Statute on Statutes sets forth general rules
on the repeal of statutes and the construction of multiple
amendments, but Section 1 of that Act also states that
these rules will not be observed when the result would be
"inconsistent with the manifest intent of the General
Assembly or repugnant to the context of the statute".
(3) This amendatory Act of the 102nd General Assembly
manifests the intention of the General Assembly not to
repeal Section 5-1103 of this Code and have that Section
continue in effect until it is otherwise lawfully
repealed.
(4) Section 5-1103 of this Code was originally enacted
to protect, promote, and preserve the general welfare. Any
construction of this Code that results in the repeal of
Section 5-1103 on August 20, 2018 would be inconsistent
with the manifest intent of the General Assembly and
repugnant to the context of this Code.

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(b) It is declared to have been the intent of the General
Assembly that Section 5-1103 of this Code not be subject to
repeal on August 20, 2018.
(c) Section 5-1103 of this Code shall be deemed to have
been in continuous effect since August 20, 2018, and it shall
continue to be in effect until it is otherwise lawfully
repealed. All previously enacted amendments to Section 5-1103
taking effect on or after August 20, 2018 are validated. All
actions taken in reliance on or under Section 5-1103 by any
person or entity are validated.
(d) In order to ensure the continuing effectiveness of
Section 5-1103 of this Code, Section 5-1103 is set forth in
full and reenacted by this amendatory Act of the 102nd General
Assembly. Striking and underscoring are used only to show
changes being made to the base text. This reenactment is
intended as a continuation of Section 5-1103. This reenactment
applies to all claims, civil actions, and proceedings pending
on or filed on or before the effective date of this amendatory
Act of the 102nd General Assembly.
Section 10. The Criminal and Traffic Assessment Act is
amended by changing Section 905-43 as follows:
(705 ILCS 135/905-43)
Sec. 905-43. The Counties Code is amended by repealing
Sections 3-4012, 4-2002, 4-2002.1, 5-1101, and 5-1101.5, and

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5-1103.
(Source: P.A. 100-987, eff. 7-1-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.