96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1817


 
Introduced 2/20/2009, by Sen. John J. Millner
 
SYNOPSIS AS INTRODUCED:
 		













55 ILCS 5/5-1101
  from Ch. 34, par. 5-1101








    Amends the Counties Code.   Provides that the clerk of the circuit court shall collect all fees for the Children's Advocacy Center and remit them to the county treasurer. Provides that the county treasurer shall deposit the fees into a separate account (instead of the county treasurer paying the fees directly to the Children's Advocacy Center). Specifies that the fees shall be used exclusively for the operation and administration of the Children's Advocacy Center. Effective immediately.
















LRB096 10866 RLJ 21099 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB1817

LRB096 10866 RLJ 21099 b






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    AN ACT concerning local government.

 
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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 Counties Code is amended  by changing Section 
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5-1101 as follows:
 
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    (55 ILCS 5/5-1101)  (from Ch. 34, par. 5-1101)

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    Sec. 5-1101. Additional fees to finance court system.
A 
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county board may enact by ordinance or resolution the following 
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fees:


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    (a) A $5 fee to be paid by the defendant on a judgment of 
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guilty or a grant
of supervision for violation of the Illinois 
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Vehicle Code other than Section
11-501 or violations of similar 
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provisions contained in county or municipal
ordinances 
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committed in the county, and up to a $30 fee to be paid by the

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defendant on a judgment of guilty or a grant of supervision for 
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violation of
Section 11-501 of the Illinois Vehicle Code or a 
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violation of a similar
provision contained in county or 
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municipal ordinances committed in the county.


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    (b) In the case of a county having a population of 
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1,000,000 or less,
a $5 fee to be collected in all civil cases 
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by the clerk of the circuit court.


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    (c) A fee to be paid by the defendant on a judgment of 
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guilty or a grant of
supervision under Section 5-9-1 of the 
 


 






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Unified Code of Corrections, as follows:


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        (1) for a felony, $50;


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        (2) for a class A misdemeanor, $25;


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        (3) for a class B or class C misdemeanor, $15;


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        (4) for a petty offense, $10;


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        (5) for a business offense, $10.


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    (d) A $100 fee for the second and subsequent violations of 
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Section
11-501 of the Illinois Vehicle Code or violations of 
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similar provisions
contained in county or municipal ordinances 
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committed in the county.  The
proceeds of this fee shall be 
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placed in the county general fund and used to
finance education 
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programs related to driving under the influence of alcohol or

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drugs.


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    (d-5) A $10 fee to be paid by the defendant on a judgment 
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of guilty or a grant of supervision under Section 5-9-1 of the 
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Unified Code of Corrections to be placed in the county general 
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fund and used to finance the county mental health court, the 
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county drug court, or both.
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    (e) In each county in which a teen court, peer court, peer 
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jury, youth
court, or
other
youth diversion program has been 
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created, a county may adopt a mandatory fee
of up to $5 to be 
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assessed as provided in this subsection.  Assessments
collected

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by the clerk of the circuit court pursuant to this subsection 
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must be deposited
into an
account specifically for the 
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operation and administration of a teen court, peer
court, peer 
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jury, youth court, or other youth diversion program.  The clerk 
 


 






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of
the
circuit court shall collect the fees established in this 
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subsection and must
remit the
fees to the teen court, peer 
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court, peer jury, youth court, or other youth
diversion
program 
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monthly, less 5%, which is to be retained as fee income to the 
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office
of
the clerk of the circuit court.  The fees are to be 
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paid as follows:

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        (1) a fee of up to $5 paid by the defendant on a 
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    judgment of guilty or
grant of supervision for violation of 
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    the Illinois Vehicle Code or violations
of similar 
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    provisions contained in county or municipal ordinances 
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    committed in
the
county;

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        (2) a fee of up to $5 paid by the defendant on a 
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    judgment of guilty or
grant of supervision under Section 
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    5-9-1 of the Unified Code of Corrections for
a
felony; for 
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    a Class A, Class B, or Class C misdemeanor; for a petty 
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    offense;
and
for a business offense.


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    (f) In each county in which a drug court has been created, 
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the county may adopt a mandatory fee of up to $5 to be assessed 
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as provided in this subsection. Assessments collected by the 
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clerk of the circuit court pursuant to this subsection must be 
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deposited into an account specifically for the operation and 
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administration of the drug court. The clerk of the circuit 
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court shall collect the fees established in this subsection and 
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must remit the fees to the drug court, less 5%, which is to be 
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retained as fee income to the office of the clerk of the 
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circuit court. The fees are to be paid as follows:
 


 






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        (1) a fee of up to $5 paid by the defendant on a 
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    judgment of guilty or grant of supervision for a violation 
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    of the Illinois Vehicle Code or a violation   of a similar 
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    provision contained in a county or municipal ordinance 
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    committed in the county; or
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        (2) a fee of up to $5 paid by the defendant on a 
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    judgment of guilty or a grant of supervision  under Section 
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    5-9-1 of the Unified Code of Corrections for a felony; for 
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    a Class A, Class B, or Class C misdemeanor; for a petty 
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    offense; and for a business offense.
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The clerk of the circuit court shall deposit the 5% 
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retained under this subsection into the Circuit Court Clerk 
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Operation and Administrative Fund to be used to defray the 
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costs of collection and disbursement of the drug court fee.
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    (f-5) In each county in which a Children's Advocacy Center 
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provides services, the county board may adopt a mandatory fee 
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of between $5 and $30 to be paid by   the defendant on a judgment 
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of guilty or a grant of supervision  under Section 5-9-1 of the 
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Unified Code of Corrections for a felony; for a Class A, Class 
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B, or Class C misdemeanor; for a petty offense; and for a 
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business offense. The clerk of the circuit court shall collect 
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all assessments authorized under this subsection (f-5) and 
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remit them to the county treasurer. The county treasurer shall 
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deposit such assessments into a separate account specifically 
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maintained for the operation and administration of the 
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Children's Advocacy Center. Assessments collected under this 
 


 






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subsection (f-5) shall be used exclusively for the operation 
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and administration of the Children's Advocacy Center.  
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Assessments shall be collected by the clerk of the circuit 
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court and must be deposited into an account specifically for 
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the operation and administration of the Children's Advocacy 
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Center.  The clerk of the circuit court shall collect the fees 
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as provided in this subsection, and must remit the fees to the 
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Children's Advocacy Center.

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    (g) The proceeds of all fees enacted under this Section 
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must, except as
provided in subsections (d), (d-5),

(e), and 
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(f), and (f-5), be placed
in the
county general fund and used 
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to
finance the court system in the county, unless the fee is 
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subject to
disbursement by the circuit clerk as provided under 
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Section 27.5 of the Clerks
of Courts Act.


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(Source: P.A. 94-862, eff. 6-16-06; 94-980, eff. 6-30-06; 
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95-103, eff. 1-1-08; 95-331, eff. 8-21-07; revised 10-28-08.)

 

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