101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3413

 

Introduced 2/14/2020, by Sen. Brian W. Stewart

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-6023  from Ch. 34, par. 3-6023
55 ILCS 5/5-1103  from Ch. 34, par. 5-1103
55 ILCS 5/5-1103.05 new
705 ILCS 135/905-43

    Amends the Counties Code. Reenacts a court services fee repealed by Public Act 100-987. Change the name of the fee to an assessment and provides that the assessment will be in addition to assessments in the Criminal and Traffic Assessment Act. Removes references to repealed cross references. Makes a conforming change in the Code. Amends the Criminal and Traffic Assessment Act making conforming changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3413LRB101 20111 AWJ 69645 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
53-6023, by reenacting and changing Section 5-1103, and by
6adding Section 5-1103.05 as follows:
 
7    (55 ILCS 5/3-6023)  (from Ch. 34, par. 3-6023)
8    Sec. 3-6023. Attendance at courts. Each sheriff shall, in
9person or by deputy, county corrections officer, or court
10security officer, attend upon all courts held in his or her
11county when in session, and obey the lawful orders and
12directions of the court, and shall maintain the security of the
13courthouse. Court services customarily performed by sheriffs
14shall be provided by the sheriff or his or her deputies, county
15corrections officers, or court security officers, rather than
16by employees of the court, unless there are no deputies, county
17corrections officers, or court security officers available to
18perform such services. The expenses of the sheriff in carrying
19out his or her duties under this Section, including the
20compensation of deputies, county corrections officers, or
21court security officers assigned to such services, shall be
22paid to the county from assessments fees collected pursuant to
23court order for services of the sheriff and from any court

 

 

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1services assessments fees collected by the county under the
2Criminal and Traffic Assessment Act and Section 5-1103 of this
3Code.
4(Source: P.A. 100-987, eff. 7-1-19.)
 
5    (55 ILCS 5/5-1103)  (from Ch. 34, par. 5-1103)
6    Sec. 5-1103. Court services fee. In addition to any
7assessment provided for under the Criminal and Traffic
8Assessment Act, a A county board may enact by ordinance or
9resolution a court services assessment fee dedicated to
10defraying court security expenses incurred by the sheriff in
11providing court services or for any other court services deemed
12necessary by the sheriff to provide for court security,
13including without limitation court services provided pursuant
14to Section 3-6023, as now or hereafter amended. Such assessment
15fee shall be paid in civil cases by each party at the time of
16filing the first pleading, paper or other appearance; provided
17that no additional assessment fee shall be required if more
18than one party is represented in a single pleading, paper or
19other appearance. In criminal, local ordinance, county
20ordinance, traffic and conservation cases, such assessment fee
21shall be assessed against the defendant upon a plea of guilty,
22stipulation of facts or findings of guilty, resulting in a
23judgment of conviction, or order of supervision, or sentence of
24probation without entry of judgment pursuant to Section 10 of
25the Cannabis Control Act, Section 410 of the Illinois

 

 

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1Controlled Substances Act, Section 70 of the Methamphetamine
2Control and Community Protection Act, Section 12-4.3 or
3subdivision (b)(1) of Section 12-3.05 of the Criminal Code of
41961 or the Criminal Code of 2012, or Section 10-102 of the
5Illinois Alcoholism and Other Drug Dependency Act, Section
640-10 of the Substance Use Disorder Act, or Section 10 of the
7Steroid Control Act. In setting such assessment fee, the county
8board may impose, with the concurrence of the Chief Judge of
9the judicial circuit in which the county is located by
10administrative order entered by the Chief Judge, differential
11rates for the various types or categories of criminal and civil
12cases, but the maximum rate shall not exceed $25, unless the
13assessment fee is set according to an acceptable cost study in
14accordance with Section 4-5001 of the Counties Code. All
15proceeds from this assessment fee must be used to defray court
16security expenses incurred by the sheriff in providing court
17services. No assessment fee shall be imposed or collected,
18however, in traffic, conservation, and ordinance cases in which
19fines are paid without a court appearance. The assessments fees
20shall be collected in the manner in which all other court
21assessments fees or costs are collected and shall be deposited
22into the county general fund for payment solely of costs
23incurred by the sheriff in providing court security or for any
24other court services deemed necessary by the sheriff to provide
25for court security.
26(Source: P.A. 99-265, eff. 1-1-16; 100-759, eff. 1-1-19.)
 

 

 

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1    (55 ILCS 5/5-1103.05 new)
2    Sec. 5-1103.05. Continuation of Section 5-1103; validation
3under this amendatory Act of the 101st General Assembly.
4    (a) The General Assembly finds and declares all of the
5following:
6        (1) Public Act 100-987, which took effect on August 20,
7    2018, repealed Section 5-1103 of this Code.
8        (2) The Statute on Statutes sets forth general rules on
9    the repeal of statutes and the construction of multiple
10    amendments, but Section 1 of that Act also states that
11    these rules will not be observed when the result would be
12    "inconsistent with the manifest intent of the General
13    Assembly or repugnant to the context of the statute".
14        (3) This amendatory Act of the 101st General Assembly
15    manifests the intention of the General Assembly not to
16    repeal Section 5-1103 of this Code and have that Section
17    continue in effect until it is otherwise lawfully repealed.
18        (4) Section 5-1103 of this Code was originally enacted
19    to protect, promote, and preserve the general welfare. Any
20    construction of this Code that results in the repeal of
21    Section 5-1103 on August 20, 2018 would be inconsistent
22    with the manifest intent of the General Assembly and
23    repugnant to the context of this Code.
24    (b) It is declared to have been the intent of the General
25Assembly that Section 5-1103 of this Code not be subject to

 

 

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1repeal on August 20, 2018.
2    (c) Section 5-1103 of this Code shall be deemed to have
3been in continuous effect since August 20, 2018, and it shall
4continue to be in effect until it is otherwise lawfully
5repealed. All previously enacted amendments to Section 5-1103
6taking effect on or after August 20, 2018 are validated. All
7actions taken in reliance on or under Section 5-1103 by any
8person or entity are validated.
9    (d) In order to ensure the continuing effectiveness of
10Section 5-1103 of this Code, Section 5-1103 is set forth in
11full and reenacted by this amendatory Act of the 101st General
12Assembly. Striking and underscoring are used only to show
13changes being made to the base text. This reenactment is
14intended as a continuation of Section 5-1103. This reenactment
15applies to all claims, civil actions, and proceedings pending
16on or filed on or before the effective date of this amendatory
17Act of the 101st General Assembly.
 
18    Section 10. The Criminal and Traffic Assessment Act is
19amended by changing Section 905-43 as follows:
 
20    (705 ILCS 135/905-43)
21    Sec. 905-43. The Counties Code is amended by repealing
22Sections 3-4012, 4-2002, 4-2002.1, 5-1101, and 5-1101.5, and
235-1103.
24(Source: P.A. 100-987, eff. 7-1-19.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.