103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3525

 

Introduced 2/17/2023, by Rep. Dennis Tipsword, Jr.

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/124A-20

    Amends the Code of Criminal Procedure of 1963. Deletes a provision that if the court finds that the applicant is an indigent person, the court shall grant the applicant a full assessment waiver exempting him or her from the payment of any assessments. Provides that upon proof of need by the applicant, the court shall grant the applicant a partial assessment.


LRB103 29684 RLC 57608 b

 

 

A BILL FOR

 

HB3525LRB103 29684 RLC 57608 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 Code of Criminal Procedure of 1963 is
5amended by changing Section 124A-20 as follows:
 
6    (725 ILCS 5/124A-20)
7    Sec. 124A-20. Assessment waiver.
8    (a) As used in this Section:
9    "Assessments" means any costs imposed on a criminal
10defendant under Article 15 of the Criminal and Traffic
11Assessment Act, but does not include violation of the Illinois
12Vehicle Code assessments except as provided in subsection
13(a-5).
14    "Indigent person" means any person who meets one or more
15of the following criteria:
16        (1) He or she is receiving assistance under one or
17    more of the following means-based governmental public
18    benefits programs: Supplemental Security Income; Aid to
19    the Aged, Blind and Disabled; Temporary Assistance for
20    Needy Families; Supplemental Nutrition Assistance Program;
21    General Assistance; Transitional Assistance; or State
22    Children and Family Assistance.
23        (2) His or her available personal income is 200% or

 

 

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1    less of the current poverty level, unless the applicant's
2    assets that are not exempt under Part 9 or 10 of Article
3    XII of the Code of Civil Procedure are of a nature and
4    value that the court determines that the applicant is able
5    to pay the assessments.
6        (3) He or she is, in the discretion of the court,
7    unable to proceed in an action with payment of assessments
8    and whose payment of those assessments would result in
9    substantial hardship to the person or his or her family.
10    "Poverty level" means the current poverty level as
11established by the United States Department of Health and
12Human Services.
13    (a-5) In a county having a population of more than
143,000,000, "assessments" means any costs imposed on a criminal
15defendant under Article 15 of the Criminal and Traffic
16Assessment Act, including violation of the Illinois Vehicle
17Code assessments. This subsection is inoperative on and after
18July 1, 2024.
19    (b) For criminal offenses reflected in Schedules 1, 3, 4,
205, 7, and 8 of Article 15 of the Criminal and Traffic
21Assessment Act, upon the application of any defendant, after
22the commencement of an action, but no later than 30 days after
23sentencing:
24        (1) (Blank). If the court finds that the applicant is
25    an indigent person, the court shall grant the applicant a
26    full assessment waiver exempting him or her from the

 

 

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1    payment of any assessments.
2        (2) Upon proof of need by the applicant, the The court
3    shall grant the applicant a partial assessment as follows:
4            (A) 75% of all assessments shall be waived if the
5        applicant's available income is greater than 200% but
6        no more than 250% of the poverty level, unless the
7        applicant's assets that are not exempt under Part 9 or
8        10 of Article XII of the Code of Civil Procedure are
9        such that the applicant is able, without undue
10        hardship, to pay the total assessments.
11            (B) 50% of all assessments shall be waived if the
12        applicant's available income is greater than 250% but
13        no more than 300% of the poverty level, unless the
14        applicant's assets that are not exempt under Part 9 or
15        10 of Article XII of the Code of Civil Procedure are
16        such that the court determines that the applicant is
17        able, without undue hardship, to pay a greater portion
18        of the assessments.
19            (C) 25% of all assessments shall be waived if the
20        applicant's available income is greater than 300% but
21        no more than 400% of the poverty level, unless the
22        applicant's assets that are not exempt under Part 9 or
23        10 of Article XII of the Code of Civil Procedure are
24        such that the court determines that the applicant is
25        able, without undue hardship, to pay a greater portion
26        of the assessments.

 

 

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1    (b-5) For traffic and petty offenses reflected in
2Schedules 2, 6, 9, 10, and 13 of Article 15 of the Criminal and
3Traffic Assessment Act, upon the application of any defendant,
4after the commencement of an action, but no later than 30 days
5after sentencing, the court shall grant the applicant a
6partial assessment as follows:
7        (1) 50% of all assessments shall be waived if the
8    court finds that the applicant is an indigent person or if
9    the applicant's available income is not greater than 200%
10    of the poverty level, unless the applicant's assets that
11    are not exempt under Part 9 or 10 of Article XII of the
12    Code of Civil Procedure are such that the applicant is
13    able, without undue hardship, to pay the total
14    assessments.
15        (2) 37.5% of all assessments shall be waived if the
16    applicant's available income is greater than 200% but no
17    more than 250% of the poverty level, unless the
18    applicant's assets that are not exempt under Part 9 or 10
19    of Article XII of the Code of Civil Procedure are such that
20    the applicant is able, without undue hardship, to pay the
21    total assessments.
22        (3) 25% of all assessments shall be waived if the
23    applicant's available income is greater than 250% but no
24    more than 300% of the poverty level, unless the
25    applicant's assets that are not exempt under Part 9 or 10
26    of Article XII of the Code of Civil Procedure are such that

 

 

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1    the court determines that the applicant is able, without
2    undue hardship, to pay a greater portion of the
3    assessments.
4        (4) 12.5% of all assessments shall be waived if the
5    applicant's available income is greater than 300% but no
6    more than 400% of the poverty level, unless the
7    applicant's assets that are not exempt under Part 9 or 10
8    of Article XII of the Code of Civil Procedure are such that
9    the court determines that the applicant is able, without
10    undue hardship, to pay a greater portion of the
11    assessments.
12    (c) An application for a waiver of assessments shall be in
13writing, signed by the defendant or, if the defendant is a
14minor, by another person having knowledge of the facts, and
15filed no later than 30 days after sentencing. The contents of
16the application for a waiver of assessments, and the procedure
17for deciding the applications, shall be established by Supreme
18Court Rule. Factors to consider in evaluating an application
19shall include:
20        (1) the applicant's receipt of needs based
21    governmental public benefits, including Supplemental
22    Security Income (SSI); Aid to the Aged, Blind and Disabled
23    (AABD); Temporary Assistance for Needy Families (TANF);
24    Supplemental Nutrition Assistance Program (SNAP or "food
25    stamps"); General Assistance; Transitional Assistance; or
26    State Children and Family Assistance;

 

 

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1        (2) the employment status of the applicant and amount
2    of monthly income, if any;
3        (3) income received from the applicant's pension,
4    Social Security benefits, unemployment benefits, and other
5    sources;
6        (4) income received by the applicant from other
7    household members;
8        (5) the applicant's monthly expenses, including rent,
9    home mortgage, other mortgage, utilities, food, medical,
10    vehicle, childcare, debts, child support, and other
11    expenses; and
12        (6) financial affidavits or other similar supporting
13    documentation provided by the applicant showing that
14    payment of the imposed assessments would result in
15    substantial hardship to the applicant or the applicant's
16    family.
17    (d) The clerk of court shall provide the application for a
18partial waiver of assessments to any defendant who indicates
19an inability to pay the assessments. The clerk of the court
20shall post in a conspicuous place in the courthouse a notice,
21no smaller than 8.5 x 11 inches and using no smaller than
2230-point typeface printed in English and in Spanish, advising
23criminal defendants they may ask the court for a partial
24waiver of any court ordered assessments. The notice shall be
25substantially as follows:
26        "If you are unable to pay the required assessments,

 

 

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1    you may ask the court to partially waive payment of them.
2    Ask the clerk of the court for forms."
3    (e) For good cause shown, the court may allow an applicant
4whose application is denied or who receives a partial
5assessment waiver to defer payment of the assessments, make
6installment payments, or make payment upon reasonable terms
7and conditions stated in the order.
8    (f) Nothing in this Section shall be construed to affect
9the right of a party to court-appointed counsel, as authorized
10by any other provision of law or by the rules of the Illinois
11Supreme Court.
12    (g) The provisions of this Section are severable under
13Section 1.31 of the Statute on Statutes.
14(Source: P.A. 102-558, eff. 8-20-21; 102-620, eff. 8-27-21.)