093_SB0267eng

 
SB267 Engrossed                      LRB093 03769 MKM 03804 b

 1        AN ACT concerning counties.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The  Counties  Code  is  amended  by  changing
 5    Section 5-1103 as follows:

 6        (55 ILCS 5/5-1103) (from Ch. 34, par. 5-1103)
 7        Sec.  5-1103.  Court  services  fee.   A county board may
 8    enact  by  ordinance  or  resolution  a  court  services  fee
 9    dedicated to defraying court security  expenses  incurred  by
10    the  sheriff  in  providing  court  services or for any other
11    court services deemed necessary by the sheriff to provide for
12    court security, including without limitation  court  services
13    provided  pursuant  to  Section  3-6023,  as now or hereafter
14    amended.  Such fee shall be paid in civil cases by each party
15    at the time of filing the  first  pleading,  paper  or  other
16    appearance; provided that no additional fee shall be required
17    if  more  than one party is represented in a single pleading,
18    paper or other appearance.   In  criminal,  local  ordinance,
19    county  ordinance,  traffic  and conservation cases, such fee
20    shall be assessed  against  the  defendant  upon  a  plea  of
21    guilty, stipulation of facts or findings of guilty, resulting
22    in  a  judgment  of  conviction,  or order of supervision, or
23    sentence of probation without entry of judgment  pursuant  to
24    Section  10  of  the Cannabis Control Act, Section 410 of the
25    Illinois Controlled Substances Act,  Section  12-4.3  of  the
26    Criminal  Code  of  1961,  Section  10-102  of  the  Illinois
27    Alcoholism  and  Other  Drug Dependency Act, Section 40-10 of
28    the Alcoholism and Other Drug Abuse and  Dependency  Act,  or
29    Section  10 of the Steroid Control Act.  In setting such fee,
30    The county board may impose,  with  the  concurrence  of  the
31    Chief  Judge  of  the judicial circuit in which the county is
 
SB267 Engrossed             -2-      LRB093 03769 MKM 03804 b
 1    located by administrative order entered by the Chief Judge, a
 2    rate of $25 differential  rates  for  the  various  types  or
 3    categories  of criminal and civil cases, but the maximum rate
 4    shall not exceed $15. All proceeds from this fee must be used
 5    to defray court security expenses incurred by the sheriff  in
 6    providing   court  services.  No  fee  shall  be  imposed  or
 7    collected, however, in traffic, conservation,  and  ordinance
 8    cases in which fines are paid without a court appearance. The
 9    fees  shall  be  collected  in  the manner in which all other
10    court fees or costs are collected and shall be deposited into
11    the county general fund for payment solely of costs  incurred
12    by  the  sheriff in providing court security or for any other
13    court services deemed necessary by the sheriff to provide for
14    court security.
15    (Source: P.A. 87-1141; 88-670, eff. 12-2-94.)

16        Section 99.  Effective date.  This Act  takes  effect  on
17    December 1, 2003.