HB0830 EnrolledLRB098 03660 RLC 33676 b



1    AN ACT concerning criminal law.

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



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



6    (730 ILCS 5/5-9-3)  (from Ch. 38, par. 1005-9-3)

7    Sec. 5-9-3. Default. 

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

9any
installment of that fine may be held in contempt and 
10imprisoned for nonpayment. The
court may issue a summons for 
11his appearance or a warrant of arrest.

12    (b) Unless the offender shows that his default was not due 
13to his
intentional refusal to pay, or not due to a failure on 
14his part to make a
good faith effort to pay, the court may 
15order the offender imprisoned for a
term not to exceed 6 months 
16if the fine was for a felony, or 30 days if the
fine was for a 
17misdemeanor, a petty offense or a business offense. Payment
of 
18the fine at any time will entitle the offender to be released, 
19but
imprisonment under this Section shall not satisfy the 
20payment of the fine.

21    (c) If it appears that the default in the payment of a fine 
22is not
intentional under paragraph (b) of this Section, the 
23court may enter an
order allowing the offender additional time 
 
 
HB0830 Enrolled- 2 -LRB098 03660 RLC 33676 b

1for payment, reducing the
amount of the fine or of each 
2installment, or revoking the fine or the
unpaid portion.

3    (d) When a fine is imposed on a corporation or 
4unincorporated
organization or association, it is the duty of 
5the person or persons
authorized to make disbursement of 
6assets, and their superiors, to pay the
fine from assets of the 
7corporation or unincorporated organization or
association. The 
8failure of such persons to do so shall render them subject
to 
9proceedings under paragraphs (a) and (b) of this Section.

10    (e) A default in the payment of a fine, fee, cost, order of 
11restitution, judgment of bond forfeiture, judgment order of 
12forfeiture, or any installment thereof
may be
collected by any 
13and all means authorized for the collection of money judgments. 
14The State's Attorney of the county in which the fine, fee, 
15cost, order of restitution, judgment of bond forfeiture, or 
16judgment order of forfeiture was imposed may retain
attorneys 
17and private collection agents for the purpose of collecting any

18default in payment of any fine, fee, cost, order of 
19restitution, judgment of bond forfeiture, judgment order of 
20forfeiture, or installment thereof.  An additional fee of 30% of 
21the delinquent amount  and  each taxable court cost including,  
22without limitation, costs of service of process, shall is to be 
23charged to the offender for any amount of the fine, fee, cost, 
24restitution, or judgment of bond forfeiture or installment of   
25the fine, fee, cost, restitution, or judgment of bond 
26forfeiture that remains unpaid after the time fixed for payment 
 
 
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1of the fine, fee, cost, restitution, or judgment of bond 
2forfeiture   by the court. The additional  fee shall be payable to 
3the State's Attorney in order to compensate the State's 
4Attorney for costs incurred in collecting the delinquent 
5amount.  The State's Attorney may enter into agreements 
6assigning any portion of the fee to the retained attorneys or 
7the private collection agent retained by the State's Attorney. 
8Any agreement between the State's Attorney and the retained 
9attorneys or collection agents shall require the approval of 
10the Circuit Clerk of that county.  A default in payment of a 
11fine, fee, cost, restitution, or judgment of bond forfeiture 
12shall draw interest at the rate of 9% per annum.

13(Source: P.A. 95-514, eff. 1-1-08; 95-606, eff. 6-1-08; 95-876, 
14eff. 8-21-08.)