Public Act 098-1016
 
HB4534 EnrolledLRB098 16972 HEP 52050 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Clerks of Courts Act is amended by changing
Section 27.3a as follows:
 
    (705 ILCS 105/27.3a)
    (Text of Section after amendment by P.A. 98-606)
    Sec. 27.3a. Fees for automated record keeping, probation
and court services operations, and State and Conservation
Police operations.
    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 $25 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.
    1.1. Starting on July 6, 2012 (the effective date of Public
Act 97-761) and pursuant to an administrative order from the
chief judge of the circuit or the presiding judge of the county
authorizing such collection, a clerk of the circuit court in
any county that imposes a fee pursuant to subsection 1 of this
Section shall also charge and collect an additional $10
operations fee for probation and court services department
operations.
    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, except
such $10 operations fee shall not be charged and collected in
cases governed by Supreme Court Rule 529 in which the bail
amount is $120 or less.
    1.2. With respect to the fee imposed and collected under
subsection 1.1 of this Section, each clerk shall transfer all
fees monthly to the county treasurer for deposit into the
probation and court services fund created under Section 15.1 of
the Probation and Probation Officers Act, and such monies shall
be disbursed from the fund only at the direction of the chief
judge of the circuit or another judge designated by the Chief
Circuit Judge in accordance with the policies and guidelines
approved by the Supreme Court.
    1.5. Starting on June 1, 2014 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 subsection 1 of this Section, except the
fee imposed under this subsection may not be of not less than
$1 nor more than $15. This additional fee shall be paid by the
defendant in any felony, traffic, misdemeanor, or local
ordinance case upon a judgment of guilty or grant of
supervision. This fee shall not be paid by the defendant for
any violation listed in subsection 1.6 of this Section.
    1.6. Starting on June 1, 2014 July 1, 2012 (the effective
date of Public Act 97-46), 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 subsection 1
of this Section, except the fee imposed under this subsection
may not be of not less than $1 nor more than $15. This
additional fee shall be paid by the defendant upon a judgment
of guilty or grant of supervision for a violation under the
State Parks Act, the Recreational Trails of Illinois Act, the
Illinois Explosives Act, the Timber Buyers Licensing Act, the
Forest Products Transportation Act, the Firearm Owners
Identification Card Act, the Environmental Protection Act, the
Fish and Aquatic Life Code, the Wildlife Code, the Cave
Protection Act, the Illinois Exotic Weed Act, the Illinois
Forestry Development Act, the Ginseng Harvesting Act, the
Illinois Lake Management Program Act, the Illinois Natural
Areas Preservation Act, the Illinois Open Land Trust Act, the
Open Space Lands Acquisition and Development Act, the Illinois
Prescribed Burning Act, the State Forest Act, the Water Use Act
of 1983, the Illinois Veteran, Youth, and Young Adult
Conservation Jobs Act, the Snowmobile Registration and Safety
Act, the Boat Registration and Safety Act, the Illinois
Dangerous Animals Act, the Hunter and Fishermen Interference
Prohibition Act, the Wrongful Tree Cutting Act, or Section
11-1426.1, 11-1426.2, 11-1427, 11-1427.1, 11-1427.2,
11-1427.3, 11-1427.4, or 11-1427.5 of the Illinois Vehicle
Code, or Section 48-3 or 48-10 of the Criminal Code of 2012.
    2. With respect to the fee imposed under subsection 1 of
this Section, 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 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 fees shall not be charged in any matter
coming to any such clerk on change of venue, nor in any
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.
    6. With respect to the additional fees imposed under
subsection 1.5 of this Section, the Director of State Police
may direct the use of these fees for homeland security purposes
by transferring these fees on a quarterly basis from the State
Police Operations Assistance Fund into the Illinois Law
Enforcement Alarm Systems (ILEAS) Fund for homeland security
initiatives programs. The transferred fees shall be allocated,
subject to the approval of the ILEAS Executive Board, as
follows: (i) 66.6% shall be used for homeland security
initiatives and (ii) 33.3% shall be used for airborne
operations. The ILEAS Executive Board shall annually supply the
Director of State Police with a report of the use of these
fees.
    7. With respect to the additional fee imposed under
subsection 1.6 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 Conservation Police Operations
Assistance Fund.
(Source: P.A. 97-46, eff. 7-1-12; 97-453, eff. 8-19-11; 97-738,
eff. 7-5-12; 97-761, eff. 7-6-12; 97-813, eff. 7-13-12;
97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-375, eff.
8-16-13; 98-606, eff. 6-1-14; revised 1-16-14.)
 
    Section 99. Effective date. This Act takes effect June 1,
2014.