Rep. Mary E. Flowers
Filed: 11/15/2018
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 4265 




2    AMENDMENT NO. ______. Amend House Bill 4265 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Unified Code of Corrections is amended  by 
5changing Section 5-9-3 as follows:
 



6    (730 ILCS 5/5-9-3)  (from Ch. 38, par. 1005-9-3)

7    Sec. 5-9-3. Default. 

8    (a) An offender who defaults in the payment of a fine or

9any
installment of that fine may be held in contempt and 
10imprisoned for nonpayment. The
court may issue a summons for 
11his appearance or a warrant of arrest. No less than 30 days 
12before the issuance of a warrant under this subsection, a 
13notice shall be mailed to the offender by first class mail to 
14the most recent address which the offender has provided to the 
15court. The notice shall contain the following information:
16        (1) the amount of the fine which is due and owing;
 
 
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1        (2) the docket number of the case in which the fine was 
2    assessed;
3        (3) the due date for payment of the fine;
4        (4) instructions as to how payment of the fine may be 
5    made;
6        (5) an explanation that intentional refusal to pay the 
7    fine may result in imprisonment; and
8        (6) instructions as to how the offender may request a 
9    hearing to present evidence  that the offender did not  
10    intentionally refuse to pay the fine, and that failure to 
11    pay was the result of  the offender's inability to pay the 
12    fine. 

13    (b) Unless the offender shows that his default was not due 
14to his
intentional refusal to pay, or not due to a failure on 
15his part to make a
good faith effort to pay, the court may 
16order the offender imprisoned for a
term not to exceed 6 months 
17if the fine was for a felony, or 30 days if the
fine was for a 
18misdemeanor, a petty offense or a business offense. Payment
of 
19the fine at any time will entitle the offender to be released, 
20but
imprisonment under this Section shall not satisfy the 
21payment of the fine.

22    (c) If it appears that the default in the payment of a fine 
23is not
intentional under paragraph (b) of this Section, the 
24court may enter an
order allowing the offender additional time 
25for payment, reducing the
amount of the fine or of each 
26installment, or revoking the fine or the
unpaid portion.

 
 
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1    (d) When a fine is imposed on a corporation or 
2unincorporated
organization or association, it is the duty of 
3the person or persons
authorized to make disbursement of 
4assets, and their superiors, to pay the
fine from assets of the 
5corporation or unincorporated organization or
association. The 
6failure of such persons to do so shall render them subject
to 
7proceedings under paragraphs (a) and (b) of this Section.

8    (e) A default in the payment of a fine, fee, cost, order of 
9restitution, judgment of bond forfeiture, judgment order of 
10forfeiture, or any installment thereof
may be
collected by any 
11and all means authorized for the collection of money judgments. 
12The State's Attorney of the county in which the fine, fee, 
13cost, order of restitution, judgment of bond forfeiture, or 
14judgment order of forfeiture was imposed may retain
attorneys 
15and private collection agents for the purpose of collecting any

16default in payment of any fine, fee, cost, order of 
17restitution, judgment of bond forfeiture, judgment order of 
18forfeiture, or installment thereof.  An additional fee of 30% of 
19the delinquent amount  and  each taxable court cost including,  
20without limitation, costs of service of process, shall be 
21charged to the offender for any amount of the fine, fee, cost, 
22restitution, or judgment of bond forfeiture or installment of   
23the fine, fee, cost, restitution, or judgment of bond 
24forfeiture that remains unpaid after the time fixed for payment 
25of the fine, fee, cost, restitution, or judgment of bond 
26forfeiture   by the court. The additional  fee shall be payable to 
 
 
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1the State's Attorney in order to compensate the State's 
2Attorney for costs incurred in collecting the delinquent 
3amount.  The State's Attorney may enter into agreements 
4assigning any portion of the fee to the retained attorneys or 
5the private collection agent retained by the State's Attorney. 
6Any agreement between the State's Attorney and the retained 
7attorneys or collection agents shall require the approval of 
8the Circuit Clerk of that county.  A default in payment of a 
9fine, fee, cost, restitution, or judgment of bond forfeiture 
10shall draw interest at the rate of 9% per annum.

11(Source: P.A. 98-373, eff. 1-1-14.)".