102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0349

 

Introduced 1/29/2021, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 135/5-20

    Amends the Criminal and Traffic Assessment Act. Provides that one hour of public or community service shall be equivalent to the value of one hour of work at the State minimum wage or the minimum hourly wage in the municipality where the defendant resides, whichever is greater, as calculated by the Department of Labor (rather than one hour of public or community service being equivalent to $4 of assessment). Provides that on the effective date of the Act and annually thereafter, the Director of Labor shall publish the Illinois minimum wage and the minimum wages of each municipality in the State that has enacted a minimum wage that is greater than the State minimum wage. Provides that the Director of Labor shall update the list if the State or municipal minimum wage is changed by law or if a municipality enacts an ordinance increasing its minimum wage that is greater than the State minimum wage. Provides that the published minimum wage list and updates shall be sent to the Administrative Office of the Illinois Courts to be provided to each judicial circuit in the State.


LRB102 10100 LNS 15421 b

 

 

A BILL FOR

 

HB0349LRB102 10100 LNS 15421 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal and Traffic Assessment Act is
5amended by changing Section 5-20 as follows:
 
6    (705 ILCS 135/5-20)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 5-20. Credit; time served; community service.
9    (a) Any credit for time served prior to sentencing that
10reduces the amount a defendant is required to pay shall be
11deducted from the fine, if any, ordered by the court.
12    (b) Excluding any ordered conditional assessment, a
13defendant who has been ordered to pay an assessment may
14petition the court to convert all or part of the assessment
15into court-approved public or community service. One hour of
16public or community service shall be equivalent to the value
17of one hour of work at the State minimum wage as provided in
18the Minimum Wage Law or the minimum hourly wage in the
19municipality where the defendant resides, whichever is
20greater, as calculated by the Department of Labor. On the
21effective date of this amendatory Act of the 102nd General
22Assembly and annually thereafter, the Director of Labor shall
23publish the Illinois minimum wage and the minimum wages of

 

 

HB0349- 2 -LRB102 10100 LNS 15421 b

1each municipality in this State that has enacted by ordinance
2a minimum wage that is greater than the State minimum wage. The
3Director of Labor shall update the list if the State or
4municipal minimum wage is changed by law or if a municipality
5enacts an ordinance increasing its minimum wage that is
6greater than the State minimum wage. The Director of Labor
7shall send the published minimum wage list to the
8Administrative Office of the Illinois Courts to be provided to
9each judicial circuit in this State $4 of assessment. The
10performance of this public or community service shall be a
11condition of probation, conditional discharge, or supervision
12and shall be in addition to the performance of any other period
13of public or community service ordered by the court or
14required by law.
15(Source: P.A. 100-987, eff. 7-1-19; 101-408, eff. 1-1-20.)