95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0677


 
Introduced 2/8/2007, by Sen. John J. Millner
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Unified Code of Corrections.  Provides that an additional fee of 30% of the delinquent amount  is to be charged to the offender for any amount of the fine, fee, cost, restitution, or judgment of bond forfeiture or installment of   the fine, fee, cost, restitution, or judgment of bond forfeiture that remains unpaid after the time fixed for payment by the court.  Provides that the additional  fee shall be payable to the State's Attorney in order to compensate the State's Attorney for costs incurred in collecting the delinquent amount.  Provides that the State's Attorney may enter into agreements assigning any portion of the fee to the retained attorneys or the private collection agent retained by the State's Attorney. Provides that any agreement between the State's Attorney and the retained attorneys or collection agents shall require the approval of the Circuit Clerk of that county.  Provides that a  default in payment of a fine, fee, cost, restitution, or judgment of bond forfeiture shall draw interest at the rate of 9% per annum.
















LRB095 08531 RLC 28712 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB0677

LRB095 08531 RLC 28712 b






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    AN ACT concerning criminal law.

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


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



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


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    Sec. 5-9-3. Default. 

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

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any
installment of that fine may be held in contempt and 
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imprisoned for nonpayment. The
court may issue a summons for 
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his appearance or a warrant of arrest.

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

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    (c) If it appears that the default in the payment of a fine 
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is not
intentional under paragraph (b) of this Section, the 
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court may enter an
order allowing the offender additional time 
 


 






SB0677
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LRB095 08531 RLC 28712 b




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for payment, reducing the
amount of the fine or of each 
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installment, or revoking the fine or the
unpaid portion.

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

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    (e) A default in the payment of a fine, fee, cost, 
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restitution, or judgment of bond forfeiture or any installment 
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may be
collected by any and all means authorized for the 
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collection of money judgments. The State's Attorney of the 
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county in which the fine, fee, cost, restitution, or judgment 
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of bond forfeiture was imposed may retain
attorneys and private 
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collection agents for the purpose of collecting any
default in 
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payment of any fine, fee, cost, restitution, or judgment of 
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bond forfeiture or installment of that fine, fee, cost, 
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restitution, or judgment of bond forfeiture. An additional fee 
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of 30% of the delinquent amount  is to be charged to the 
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offender for any amount of the fine, fee, cost, restitution, or 
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judgment of bond forfeiture or installment of   the fine, fee, 
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cost, restitution, or judgment of bond forfeiture that remains 
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unpaid after the time fixed for payment of the fine, fee, cost, 
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restitution, or judgment of bond forfeiture   by the court. The 
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additional  fee shall be payable to the State's Attorney in 
 


 






SB0677
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LRB095 08531 RLC 28712 b




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order to compensate the State's Attorney for costs incurred in 
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collecting the delinquent amount.  The State's Attorney may 
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enter into agreements assigning any portion of the fee to the 
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retained attorneys or the private collection agent retained by 
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the State's Attorney. Any agreement between the State's 
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Attorney and the retained attorneys or collection agents shall 
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require the approval of the Circuit Clerk of that county.  A 
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default in payment of a fine, fee, cost, restitution, or 
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judgment of bond forfeiture shall draw interest at the rate of 
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9% per annum.  The fees and
costs incurred by the State's 
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Attorney in any such collection and the fees
and charges of 
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attorneys and private collection agents retained by the State's 
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Attorney for those purposes shall be charged to the offender.


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(Source: P.A. 93-693, eff. 1-1-05.)