102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1085

 

Introduced 2/17/2021, by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 105/27.3b  from Ch. 25, par. 27.3b

    Amends the Clerks of Courts Act. Makes a technical change in a Section concerning fees paid by credit card.


LRB102 03100 LNS 13113 b

 

 

A BILL FOR

 

HB1085LRB102 03100 LNS 13113 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 Clerks of Courts Act is amended by changing
5Section 27.3b as follows:
 
6    (705 ILCS 105/27.3b)  (from Ch. 25, par. 27.3b)
7    Sec. 27.3b. The The clerk of court may accept payment of
8fines, penalties, or costs by credit card or debit card
9approved by the clerk from an offender who has been convicted
10of or placed on court supervision for a traffic offense, petty
11offense, ordinance offense, or misdemeanor or who has been
12convicted of a felony offense. The clerk of the circuit court
13may accept credit card payments over the Internet for fines,
14penalties, or costs from offenders on voluntary electronic
15pleas of guilty in minor traffic and conservation offenses to
16satisfy the requirement of written pleas of guilty as provided
17in Illinois Supreme Court Rule 529. The clerk of the court may
18also accept payment of statutory fees by a credit card or debit
19card. The clerk of the court may also accept the credit card or
20debit card for the cash deposit of bail bond fees.
21    The Clerk of the circuit court is authorized to enter into
22contracts with credit card or debit card companies approved by
23the clerk and to negotiate the payment of convenience and

 

 

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1administrative fees normally charged by those companies for
2allowing the clerk of the circuit court to accept their credit
3cards or debit cards in payment as authorized herein. The
4clerk of the circuit court is authorized to enter into
5contracts with third party fund guarantors, facilitators, and
6service providers under which those entities may contract
7directly with customers of the clerk of the circuit court and
8guarantee and remit the payments to the clerk of the circuit
9court. Where the offender pays fines, penalties, or costs by
10credit card or debit card or through a third party fund
11guarantor, facilitator, or service provider, or anyone paying
12statutory fees of the circuit court clerk or the posting of
13cash bail, the clerk shall collect a service fee of up to $5 or
14the amount charged to the clerk for use of its services by the
15credit card or debit card issuer, third party fund guarantor,
16facilitator, or service provider. This service fee shall be in
17addition to any other fines, penalties, or costs. The clerk of
18the circuit court is authorized to negotiate the assessment of
19convenience and administrative fees by the third party fund
20guarantors, facilitators, and service providers with the
21revenue earned by the clerk of the circuit court to be remitted
22to the county general revenue fund.
23(Source: P.A. 95-331, eff. 8-21-07.)