HJ0062 99TH GENERAL ASSEMBLY

HJ0062 LRB099 11704 MST 33533 r

HOUSE JOINT RESOLUTION

WHEREAS, The Illinois Compiled Statutes contain numerous provisions, scattered across multiple chapters, creating or imposing a variety of different fines, fees, surcharges, and other miscellaneous financial assessments to be paid by individuals found guilty of criminal offenses; and

WHEREAS, Because fines are a component of the sentences imposed by criminal courts, the imposition of fines is often the subject of appeals, which commonly result in cases being remanded to the circuit courts to correct the improper application of statutory provisions imposing fines, fees, or costs; and

WHEREAS, In People v. Warren, 2014 IL App (4th) 120721, the Appellate Court for the Fourth District wrote, "A vast amount of judicial resources are expended in the appellate court to resolve issues concerning the ever-expanding morass of fines and fees enacted by the legislature"; and

WHEREAS, In People v. Folks, 406 Ill. App. 3d 300 (2010), the Appellate Court for the Fourth District called for a "comprehensive legislative revision in the assessment of fines, fees, costs, and the $5-per-day credit for time spent in custody prior to sentencing; and

WHEREAS, In People V. Warren, the court wrote that, "[t]he legislature continues to enact new fines, fees, and costs-in this case, leading to the imposition of 33 separate assessments; this adds more complexity to many cases where the monetary assessments may not even be collected; perhaps the legislature will answer our call"; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there is created the Criminal Fines, Fees, and Assessments Study Committee, consisting of 10 members appointed as follows: (1) one legislative member appointed by the Speaker of the House of Representatives; (2) one legislative member appointed by the Minority Leader of the House of Representatives; (3) one legislative member appointed by the President of the Senate; (4) one legislative member appointed by the Minority Leader of the Senate; (5) 2 members of a Statewide association representing State's Attorneys; (6) 2 members of a Statewide association representing Circuit Court Clerks; (7) one member representing the Administrative Office of the Illinois Courts; and (8) one member representing the Office of the Attorney General; and be it further

RESOLVED, That 2 chairpersons, representing different political parties, shall be selected by the members of the Study Committee; and be it further

RESOLVED, That members of the Study Committee shall serve without compensation; and be it further

RESOLVED, That the Study Committee shall undertake a comprehensive and thorough review of the provisions of the Illinois Compiled Statutes that create or impose fines, fees, or other financial assessments upon persons found guilty of criminal violations; and be it further

RESOLVED, That the Study Committee shall undertake a comprehensive and thorough review of the relevant case law in which a State or federal appellate court has found error by an Illinois court, or by an Illinois circuit court clerk, in their application of the provisions of the Illinois Compiled Statutes that create or impose fines, fees, or other financial assessments upon persons found guilty of criminal violations; and be it further

RESOLVED, That the Study Committee shall develop specific written recommendations for legislation to clarify and bring consistency and organization to the various provisions of the Illinois Compiled Statutes that create or impose fines, fees, or other financial assessments upon persons found guilty of criminal violations; and be it further

RESOLVED, That the Study Committee shall draft one or more proposed bills to effectuate its recommendations; and be it further

RESOLVED, That the Study Committee shall submit its written recommendations and proposed legislation to the Governor, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, the Minority Leader of the Senate, and the Attorney General no later than December 31, 2015.