Bill Text: IL SB1946 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning default in the payment of a fine or any installment of a fine.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1946 Detail]

Download: Illinois-2013-SB1946-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB1946 Introduced 2/15/2013, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3
Amends the Unified Code of Corrections. Makes a technical change in a Section concerning default in the payment of a fine or any installment of a fine.
LRB098 08815 RLC 38941 b
A BILL FOR
SB1946 LRB098 08815 RLC 38941 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 5-9-3 as follows:
(730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
Sec. 5-9-3. Default.
(a) An offender who defaults in the the payment of a fine
or any installment of that fine may be held in contempt and
imprisoned for nonpayment. The court may issue a summons for
his appearance or a warrant of arrest.
(b) Unless the offender shows that his default was not due
to his intentional refusal to pay, or not due to a failure on
his part to make a good faith effort to pay, the court may
order the offender imprisoned for a term not to exceed 6 months
if the fine was for a felony, or 30 days if the fine was for a
misdemeanor, a petty offense or a business offense. Payment of
the fine at any time will entitle the offender to be released,
but imprisonment under this Section shall not satisfy the
payment of the fine.
(c) If it appears that the default in the payment of a fine
is not intentional under paragraph (b) of this Section, the
court may enter an order allowing the offender additional time

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for payment, reducing the amount of the fine or of each
installment, or revoking the fine or the unpaid portion.
(d) When a fine is imposed on a corporation or
unincorporated organization or association, it is the duty of
the person or persons authorized to make disbursement of
assets, and their superiors, to pay the fine from assets of the
corporation or unincorporated organization or association. The
failure of such persons to do so shall render them subject to
proceedings under paragraphs (a) and (b) of this Section.
(e) A default in the payment of a fine, fee, cost, order of
restitution, judgment of bond forfeiture, judgment order of
forfeiture, or any installment thereof may be collected by any
and all means authorized for the collection of money judgments.
The State's Attorney of the county in which the fine, fee,
cost, order of restitution, judgment of bond forfeiture, or
judgment order of forfeiture was imposed may retain attorneys
and private collection agents for the purpose of collecting any
default in payment of any fine, fee, cost, order of
restitution, judgment of bond forfeiture, judgment order of
forfeiture, or installment thereof. An additional fee of 30% of
the delinquent amount is to be charged to the offender for any
amount of the fine, fee, cost, restitution, or judgment of bond
forfeiture or installment of the fine, fee, cost, restitution,
or judgment of bond forfeiture that remains unpaid after the
time fixed for payment of the fine, fee, cost, restitution, or
judgment of bond forfeiture by the court. The additional fee

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shall be payable to the State's Attorney in order to compensate
the State's Attorney for costs incurred in collecting the
delinquent amount. The State's Attorney may enter into
agreements assigning any portion of the fee to the retained
attorneys or the private collection agent retained by the
State's Attorney. Any agreement between the State's Attorney
and the retained attorneys or collection agents shall require
the approval of the Circuit Clerk of that county. A default in
payment of a fine, fee, cost, restitution, or judgment of bond
forfeiture shall draw interest at the rate of 9% per annum.
(Source: P.A. 95-514, eff. 1-1-08; 95-606, eff. 6-1-08; 95-876,
eff. 8-21-08.)