Bill Text: IL SB3695 | 2009-2010 | 96th General Assembly | Enrolled

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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.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2010-07-13 - Public Act . . . . . . . . . 96-1029 [SB3695 Detail]

Download: Illinois-2009-SB3695-Enrolled.html

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AN ACT concerning corrections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Sections 5.777, 5.778, 6z-82, and 8p as follows:
(30 ILCS 105/5.777 new)
Sec. 5.777. The State Police Streetgang-Related Crime
Fund.
(30 ILCS 105/5.778 new)
Sec. 5.778. The State Police Operations Assistance Fund.
(30 ILCS 105/6z-82 new)
Sec. 6z-82. State Police Operations Assistance Fund.
(a) There is created in the State treasury a special fund
known as the State Police Operations Assistance Fund. The Fund
shall receive revenue pursuant to Section 27.3a of the Clerks
of Courts Act. The Fund may also receive revenue from grants,
donations, appropriations, and any other legal source.
(b) The Department of State Police may use moneys in the
Fund to finance any of its lawful purposes or functions.
(c) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.

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(d) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(e) The State Police Operations Assistance Fund shall not
be subject to administrative chargebacks.
(30 ILCS 105/8p new)
Sec. 8p. State Police Streetgang-Related Crime Fund.
(a) The State Police Streetgang-Related Crime Fund is
created as a special fund in the State treasury.
(b) All moneys collected and payable to the Department of
State Police under Section 5-9-1.19 of the Unified Code of
Corrections shall be deposited into the State Police
Streetgang-Related Crime Fund and shall be appropriated to and
administered by the Department of State Police for operations
and initiatives to combat and prevent streetgang-related
crime.
(c) The State Police Streetgang-Related Crime Fund shall
not be subject to administrative chargebacks.
Section 6. The Clerks of Courts Act is amended by changing
Section 27.3a as follows:
(705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
Sec. 27.3a. Fees for automated record keeping and State
Police operations.

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1. The expense of establishing and maintaining automated
record keeping systems in the offices of the clerks of the
circuit court shall be borne by the county. To defray such
expense in any county having established such an automated
system or which elects to establish such a system, the county
board may require the clerk of the circuit court in their
county to charge and collect a court automation fee of not less
than $1 nor more than $15 to be charged and collected by the
clerk of the court. Such fee shall be paid at the time of
filing the first pleading, paper or other appearance filed by
each party in all civil cases or by the defendant in any
felony, traffic, misdemeanor, municipal ordinance, or
conservation case upon a judgment of guilty or grant of
supervision, provided that the record keeping system which
processes the case category for which the fee is charged is
automated or has been approved for automation by the county
board, and provided further that no additional fee shall be
required if more than one party is presented in a single
pleading, paper or other appearance. Such fee shall be
collected in the manner in which all other fees or costs are
collected.
1.5. Starting on the effective date of this amendatory Act
of the 96th General Assembly, a clerk of the circuit court in
any county that imposes a fee pursuant to subsection 1 of this
Section, shall charge and collect an additional fee in an
amount equal to the amount of the fee imposed pursuant to

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subsection 1 of this Section. This additional fee shall be paid
by the defendant in any felony, traffic, misdemeanor, local
ordinance, or conservation case upon a judgment of guilty or
grant of supervision.
2. With respect to the fee imposed under subsection 1 of
this Section, each Each clerk shall commence such charges and
collections upon receipt of written notice from the chairman of
the county board together with a certified copy of the board's
resolution, which the clerk shall file of record in his office.
3. With respect to the fee imposed under subsection 1 of
this Section, such Such fees shall be in addition to all other
fees and charges of such clerks, and assessable as costs, and
may be waived only if the judge specifically provides for the
waiver of the court automation fee. The fees shall be remitted
monthly by such clerk to the county treasurer, to be retained
by him in a special fund designated as the court automation
fund. The fund shall be audited by the county auditor, and the
board shall make expenditure from the fund in payment of any
cost related to the automation of court records, including
hardware, software, research and development costs and
personnel related thereto, provided that the expenditure is
approved by the clerk of the court and by the chief judge of
the circuit court or his designate.
4. With respect to the fee imposed under subsection 1 of
this Section, such Such fees shall not be charged in any matter
coming to any such clerk on change of venue, nor in any

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proceeding to review the decision of any administrative
officer, agency or body.
5. With respect to the additional fee imposed under
subsection 1.5 of this Section, the fee shall be remitted by
the circuit clerk to the State Treasurer within one month after
receipt for deposit into the State Police Operations Assistance
Fund.
(Source: P.A. 94-595, eff. 1-1-06.)
Section 10. The Unified Code of Corrections is amended by
adding Section 5-9-1.19 as follows:
(730 ILCS 5/5-9-1.19 new)
Sec. 5-9-1.19. Additional streetgang fine. In addition to
any other penalty imposed, a fine of $100 shall be imposed upon
a person convicted of any violation of the Criminal Code of
1961 who was, at the time of the commission of the violation a
streetgang member, as defined in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act. Such additional
fine shall be assessed by the court imposing sentence and shall
be collected by the circuit clerk. Of this fee, $5 shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds as provided by law. Each such additional

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fine shall be remitted by the Circuit Court Clerk within one
month after receipt to the State Police Streetgang-Related
Crime Fund in the State treasury.
Section 99. Effective date. This Act takes effect upon