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| | SB0804 Enrolled | | LRB099 07318 AWJ 27428 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Counties Code is amended by changing Section |
| 5 | | 5-1103 as follows:
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| 6 | | (55 ILCS 5/5-1103) (from Ch. 34, par. 5-1103)
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| 7 | | Sec. 5-1103. Court services fee. A county board may enact |
| 8 | | by ordinance or
resolution a court services fee dedicated to |
| 9 | | defraying court security expenses
incurred by the sheriff in |
| 10 | | providing court services or for any other court
services deemed |
| 11 | | necessary by the sheriff to provide for court security,
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| 12 | | including without limitation court services provided pursuant |
| 13 | | to Section
3-6023, as now or hereafter amended. Such fee shall |
| 14 | | be paid in civil cases by
each party at the time of filing the |
| 15 | | first pleading, paper or other appearance;
provided that no |
| 16 | | additional fee shall be required if more than one party is
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| 17 | | represented in a single pleading, paper or other appearance. In |
| 18 | | criminal,
local ordinance, county ordinance, traffic and |
| 19 | | conservation cases, such fee
shall be assessed against the |
| 20 | | defendant upon a plea of guilty, stipulation of
facts or |
| 21 | | findings of guilty, resulting in a judgment of conviction, or |
| 22 | | order of
supervision, or sentence of probation without entry of |
| 23 | | judgment pursuant to
Section 10 of the Cannabis Control Act, |
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| | SB0804 Enrolled | - 2 - | LRB099 07318 AWJ 27428 b |
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| 1 | | Section 410 of the Illinois Controlled
Substances Act, Section |
| 2 | | 70 of the Methamphetamine Control and Community Protection Act,
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| 3 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the |
| 4 | | Criminal Code of 1961 or the Criminal Code of 2012, Section |
| 5 | | 10-102 of
the Illinois Alcoholism and Other Drug Dependency |
| 6 | | Act, Section 40-10 of the
Alcoholism and Other Drug Abuse and |
| 7 | | Dependency Act, or Section 10 of the
Steroid Control Act. In |
| 8 | | setting such fee, the county board may impose,
with
the |
| 9 | | concurrence of the Chief Judge of the judicial circuit in which |
| 10 | | the county
is located by administrative order entered by the |
| 11 | | Chief Judge,
differential
rates for the various types or |
| 12 | | categories of criminal and civil cases, but the
maximum rate |
| 13 | | shall not exceed $25, unless the fee is set according to an |
| 14 | | acceptable cost study in accordance with Section 4-5001 of the |
| 15 | | Counties Code.
All proceeds from this fee must be used to |
| 16 | | defray court security expenses
incurred by the sheriff in |
| 17 | | providing court services.
No fee shall be imposed or collected,
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| 18 | | however, in traffic, conservation, and ordinance cases in which |
| 19 | | fines are paid
without a court appearance. The fees shall be |
| 20 | | collected in the manner in which
all other court fees or costs |
| 21 | | are collected and shall be deposited into the
county general |
| 22 | | fund for payment solely of costs incurred by the sheriff in
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| 23 | | providing court security or for any other court services deemed |
| 24 | | necessary by
the sheriff to provide for court security.
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| 25 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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