Bill Text: IL SB3695 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the supervision of persons on parole or mandatory supervised release.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2010-07-13 - Public Act . . . . . . . . . 96-1029 [SB3695 Detail]
Download: Illinois-2009-SB3695-Enrolled.html
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1 | AN ACT concerning corrections.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by adding | ||||||
5 | Sections 5.777, 5.778, 6z-82, and 8p as follows:
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6 | (30 ILCS 105/5.777 new) | ||||||
7 | Sec. 5.777. The State Police Streetgang-Related Crime | ||||||
8 | Fund.
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9 | (30 ILCS 105/5.778 new) | ||||||
10 | Sec. 5.778. The State Police Operations Assistance Fund.
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11 | (30 ILCS 105/6z-82 new) | ||||||
12 | Sec. 6z-82. State Police Operations Assistance Fund. | ||||||
13 | (a) There is created in the State treasury a special fund | ||||||
14 | known as the State Police Operations Assistance Fund. The Fund | ||||||
15 | shall receive revenue pursuant to Section 27.3a of the Clerks | ||||||
16 | of Courts Act. The Fund may also receive revenue from grants, | ||||||
17 | donations, appropriations, and any other legal source. | ||||||
18 | (b) The Department of State Police may use moneys in the | ||||||
19 | Fund to finance any of its lawful purposes or functions. | ||||||
20 | (c) Expenditures may be made from the Fund only as | ||||||
21 | appropriated by the General Assembly by law. |
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1 | (d) Investment income that is attributable to the | ||||||
2 | investment of moneys in the Fund shall be retained in the Fund | ||||||
3 | for the uses specified in this Section. | ||||||
4 | (e) The State Police Operations Assistance Fund shall not | ||||||
5 | be subject to administrative chargebacks.
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6 | (30 ILCS 105/8p new) | ||||||
7 | Sec. 8p. State Police Streetgang-Related Crime Fund. | ||||||
8 | (a) The State Police Streetgang-Related Crime Fund is | ||||||
9 | created as a special fund in the State treasury. | ||||||
10 | (b) All moneys collected and payable to the Department of | ||||||
11 | State Police under Section 5-9-1.19 of the Unified Code of | ||||||
12 | Corrections shall be deposited into the State Police | ||||||
13 | Streetgang-Related Crime Fund and shall be appropriated to and | ||||||
14 | administered by the Department of State Police for operations | ||||||
15 | and initiatives to combat and prevent streetgang-related | ||||||
16 | crime. | ||||||
17 | (c) The State Police Streetgang-Related Crime Fund shall | ||||||
18 | not be subject to administrative chargebacks.
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19 | Section 6. The Clerks of Courts Act is amended by changing | ||||||
20 | Section 27.3a as follows:
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21 | (705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
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22 | Sec. 27.3a. Fees for automated record keeping and State | ||||||
23 | Police operations .
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1 | 1. The expense of establishing and maintaining automated | ||||||
2 | record
keeping systems in the offices of the clerks of the | ||||||
3 | circuit court shall
be borne by the county. To defray such | ||||||
4 | expense in any county having
established such an automated | ||||||
5 | system or which elects to establish such a
system, the county | ||||||
6 | board may require the clerk of the circuit court in
their | ||||||
7 | county to charge and collect a court automation fee of not less | ||||||
8 | than
$1 nor more than $15 to be charged and collected by the | ||||||
9 | clerk of the court.
Such fee shall be paid at the time of | ||||||
10 | filing the first pleading, paper or
other appearance filed by | ||||||
11 | each party in all civil cases or by the defendant
in any | ||||||
12 | felony, traffic, misdemeanor, municipal ordinance, or | ||||||
13 | conservation
case upon a judgment of guilty or grant of | ||||||
14 | supervision, provided that
the record keeping system which | ||||||
15 | processes the case
category for which the fee is charged is | ||||||
16 | automated or has been approved for
automation by the county | ||||||
17 | board, and provided further that no additional fee
shall be | ||||||
18 | required if more than one party is presented in a single | ||||||
19 | pleading,
paper or other appearance. Such fee shall be | ||||||
20 | collected in the manner in
which all other fees or costs are | ||||||
21 | collected.
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22 | 1.5. Starting on the effective date of this amendatory Act | ||||||
23 | of the 96th General Assembly, a clerk of the circuit court in | ||||||
24 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
25 | Section, shall charge and collect an additional fee in an | ||||||
26 | amount equal to the amount of the fee imposed pursuant to |
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1 | subsection 1 of this Section. This additional fee shall be paid | ||||||
2 | by the defendant in any felony, traffic, misdemeanor, local | ||||||
3 | ordinance, or conservation case upon a judgment of guilty or | ||||||
4 | grant of supervision. | ||||||
5 | 2. With respect to the fee imposed under subsection 1 of | ||||||
6 | this Section, each Each clerk shall commence such charges and | ||||||
7 | collections upon receipt
of written notice from the chairman of | ||||||
8 | the county board together with a
certified copy of the board's | ||||||
9 | resolution, which the clerk shall file of
record in his office.
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10 | 3. With respect to the fee imposed under subsection 1 of | ||||||
11 | this Section, such Such fees shall be in addition to all other | ||||||
12 | fees and charges of such
clerks, and assessable as costs, and | ||||||
13 | may be waived only if the judge
specifically provides for the | ||||||
14 | waiver of the court automation fee. The
fees shall be remitted | ||||||
15 | monthly by such clerk to the county treasurer, to be
retained | ||||||
16 | by him in a special fund designated as the court automation | ||||||
17 | fund.
The fund shall be audited by the county auditor, and the | ||||||
18 | board shall make
expenditure from the fund in payment of any | ||||||
19 | cost related to the automation
of court records, including | ||||||
20 | hardware, software, research and development
costs and | ||||||
21 | personnel related thereto, provided that the expenditure is
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22 | approved by the clerk of the court and by the chief judge of | ||||||
23 | the circuit
court or his designate.
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24 | 4. With respect to the fee imposed under subsection 1 of | ||||||
25 | this Section, such Such fees shall not be charged in any matter | ||||||
26 | coming to any such clerk
on change of venue, nor in any |
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1 | proceeding to review the decision of any
administrative | ||||||
2 | officer, agency or body.
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3 | 5. With respect to the additional fee imposed under | ||||||
4 | subsection 1.5 of this Section, the fee shall be remitted by | ||||||
5 | the circuit clerk to the State Treasurer within one month after | ||||||
6 | receipt for deposit into the State Police Operations Assistance | ||||||
7 | Fund. | ||||||
8 | (Source: P.A. 94-595, eff. 1-1-06.)
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9 | Section 10. The Unified Code of Corrections is amended by | ||||||
10 | adding Section 5-9-1.19 as follows:
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11 | (730 ILCS 5/5-9-1.19 new) | ||||||
12 | Sec. 5-9-1.19. Additional streetgang fine. In addition to | ||||||
13 | any other penalty imposed, a fine of $100 shall be imposed upon | ||||||
14 | a person convicted of any violation of the Criminal Code of | ||||||
15 | 1961 who was, at the time of the commission of the violation a | ||||||
16 | streetgang member, as defined in Section 10 of the Illinois | ||||||
17 | Streetgang Terrorism Omnibus Prevention Act. Such additional | ||||||
18 | fine shall be assessed by the court imposing sentence and shall | ||||||
19 | be collected by the circuit clerk. Of this fee, $5 shall be | ||||||
20 | deposited into the Circuit Court Clerk Operation and | ||||||
21 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
22 | to be used to offset the costs incurred by the Circuit Court | ||||||
23 | Clerk in performing the additional duties required to collect | ||||||
24 | and disburse funds as provided by law. Each such additional |
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1 | fine shall be remitted by the Circuit Court Clerk within one | ||||||
2 | month after receipt to the State Police Streetgang-Related | ||||||
3 | Crime Fund in the State treasury.
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 |