Full Text of SB1047 97th General Assembly
SB1047sam002 97TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 11/8/2011
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| 1 | | AMENDMENT TO SENATE BILL 1047
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1047 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Clerks of Courts Act is amended by changing | 5 | | Section 27.3a as follows:
| 6 | | (705 ILCS 105/27.3a)
| 7 | | (Text of Section before amendment by P.A. 97-46 ) | 8 | | Sec. 27.3a. Fees for automated record keeping , probation | 9 | | and court services operations, and State Police operations.
| 10 | | 1. The expense of establishing and maintaining automated | 11 | | record
keeping systems in the offices of the clerks of the | 12 | | circuit court shall
be borne by the county. To defray such | 13 | | expense in any county having
established such an automated | 14 | | system or which elects to establish such a
system, the county | 15 | | board may require the clerk of the circuit court in
their | 16 | | county to charge and collect a court automation fee of not less |
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| 1 | | than
$1 nor more than $15 to be charged and collected by the | 2 | | clerk of the court.
Such fee shall be paid at the time of | 3 | | filing the first pleading, paper or
other appearance filed by | 4 | | each party in all civil cases or by the defendant
in any | 5 | | felony, traffic, misdemeanor, municipal ordinance, or | 6 | | conservation
case upon a judgment of guilty or grant of | 7 | | supervision, provided that
the record keeping system which | 8 | | processes the case
category for which the fee is charged is | 9 | | automated or has been approved for
automation by the county | 10 | | board, and provided further that no additional fee
shall be | 11 | | required if more than one party is presented in a single | 12 | | pleading,
paper or other appearance. Such fee shall be | 13 | | collected in the manner in
which all other fees or costs are | 14 | | collected.
| 15 | | 1.1. Starting on the effective date of this amendatory Act | 16 | | of the 97th General Assembly and pursuant to an administrative | 17 | | order from the chief judge of the circuit or the presiding | 18 | | judge of the county authorizing such collection, a clerk of the | 19 | | circuit court in any county that imposes a fee pursuant to | 20 | | subsection 1 of this Section shall also charge and collect an | 21 | | additional $10 operations fee for probation and court services | 22 | | department operations. | 23 | | This additional fee shall be paid by the defendant in any | 24 | | felony, traffic, misdemeanor, local ordinance, or conservation | 25 | | case upon a judgment of guilty or grant of supervision, except | 26 | | such $10 operations fee shall not be charged and collected in |
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| 1 | | cases governed by Supreme Court Rule 529 in which the bail | 2 | | amount is $120 or less. | 3 | | 1.2. With respect to the fee imposed and collected under | 4 | | subsection 1.1 of this Section, each clerk shall transfer all | 5 | | fees monthly to the county treasurer for deposit into the | 6 | | probation and court services fund created under Section 15.1 of | 7 | | the Probation and Probation Officers Act, and such monies shall | 8 | | be disbursed from the fund only at the direction of the chief | 9 | | judge of the circuit or another judge designated by the Chief | 10 | | Circuit Judge in accordance with the policies and guidelines | 11 | | approved by the Supreme Court. | 12 | | 1.5. Starting on the effective date of this amendatory Act | 13 | | of the 96th General Assembly, a clerk of the circuit court in | 14 | | any county that imposes a fee pursuant to subsection 1 of this | 15 | | Section, shall charge and collect an additional fee in an | 16 | | amount equal to the amount of the fee imposed pursuant to | 17 | | subsection 1 of this Section. This additional fee shall be paid | 18 | | by the defendant in any felony, traffic, misdemeanor, local | 19 | | ordinance, or conservation case upon a judgment of guilty or | 20 | | grant of supervision. | 21 | | 2. With respect to the fee imposed under subsection 1 of | 22 | | this Section, each clerk shall commence such charges and | 23 | | collections upon receipt
of written notice from the chairman of | 24 | | the county board together with a
certified copy of the board's | 25 | | resolution, which the clerk shall file of
record in his office.
| 26 | | 3. With respect to the fee imposed under subsection 1 of |
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| 1 | | this Section, such fees shall be in addition to all other fees | 2 | | and charges of such
clerks, and assessable as costs, and may be | 3 | | waived only if the judge
specifically provides for the waiver | 4 | | of the court automation fee. The
fees shall be remitted monthly | 5 | | by such clerk to the county treasurer, to be
retained by him in | 6 | | a special fund designated as the court automation fund.
The | 7 | | fund shall be audited by the county auditor, and the board | 8 | | shall make
expenditure from the fund in payment of any cost | 9 | | related to the automation
of court records, including hardware, | 10 | | software, research and development
costs and personnel related | 11 | | thereto, provided that the expenditure is
approved by the clerk | 12 | | of the court and by the chief judge of the circuit
court or his | 13 | | designate.
| 14 | | 4. With respect to the fee imposed under subsection 1 of | 15 | | this Section, such fees shall not be charged in any matter | 16 | | coming to any such clerk
on change of venue, nor in any | 17 | | proceeding to review the decision of any
administrative | 18 | | officer, agency or body.
| 19 | | 5. With respect to the additional fee imposed under | 20 | | subsection 1.5 of this Section, the fee shall be remitted by | 21 | | the circuit clerk to the State Treasurer within one month after | 22 | | receipt for deposit into the State Police Operations Assistance | 23 | | Fund. | 24 | | 6. With respect to the additional fees imposed under | 25 | | subsection 1.5 of this Section, the Director of State Police | 26 | | may direct the use of these fees for homeland security purposes |
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| 1 | | by transferring these fees on a quarterly basis from the State | 2 | | Police Operations Assistance Fund into the Illinois Law | 3 | | Enforcement Alarm Systems (ILEAS) Fund for homeland security | 4 | | initiatives programs. The transferred fees shall be allocated, | 5 | | subject to the approval of the ILEAS Executive Board, as | 6 | | follows: (i) 66.6% shall be used for homeland security | 7 | | initiatives and (ii) 33.3% shall be used for airborne | 8 | | operations. The ILEAS Executive Board shall annually supply the | 9 | | Director of State Police with a report of the use of these | 10 | | fees. | 11 | | (Source: P.A. 96-1029, eff. 7-13-10; 97-453, eff. 8-19-11.)
| 12 | | (Text of Section after amendment by P.A. 97-46 )
| 13 | | Sec. 27.3a. Fees for automated record keeping , probation | 14 | | and court services operations, and State and Conservation | 15 | | Police operations.
| 16 | | 1. The expense of establishing and maintaining automated | 17 | | record
keeping systems in the offices of the clerks of the | 18 | | circuit court shall
be borne by the county. To defray such | 19 | | expense in any county having
established such an automated | 20 | | system or which elects to establish such a
system, the county | 21 | | board may require the clerk of the circuit court in
their | 22 | | county to charge and collect a court automation fee of not less | 23 | | than
$1 nor more than $15 to be charged and collected by the | 24 | | clerk of the court.
Such fee shall be paid at the time of | 25 | | filing the first pleading, paper or
other appearance filed by |
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| 1 | | each party in all civil cases or by the defendant
in any | 2 | | felony, traffic, misdemeanor, municipal ordinance, or | 3 | | conservation
case upon a judgment of guilty or grant of | 4 | | supervision, provided that
the record keeping system which | 5 | | processes the case
category for which the fee is charged is | 6 | | automated or has been approved for
automation by the county | 7 | | board, and provided further that no additional fee
shall be | 8 | | required if more than one party is presented in a single | 9 | | pleading,
paper or other appearance. Such fee shall be | 10 | | collected in the manner in
which all other fees or costs are | 11 | | collected.
| 12 | | 1.1. Starting on the effective date of this amendatory Act | 13 | | of the 97th General Assembly and pursuant to an administrative | 14 | | order from the chief judge of the circuit or the presiding | 15 | | judge of the county authorizing such collection, a clerk of the | 16 | | circuit court in any county that imposes a fee pursuant to | 17 | | subsection 1 of this Section shall also charge and collect an | 18 | | additional $10 operations fee for probation and court services | 19 | | department operations. | 20 | | This additional fee shall be paid by the defendant in any | 21 | | felony, traffic, misdemeanor, local ordinance, or conservation | 22 | | case upon a judgment of guilty or grant of supervision, except | 23 | | such $10 operations fee shall not be charged and collected in | 24 | | cases governed by Supreme Court Rule 529 in which the bail | 25 | | amount is $120 or less. | 26 | | 1.2. With respect to the fee imposed and collected under |
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| 1 | | subsection 1.1 of this Section, each clerk shall transfer all | 2 | | fees monthly to the county treasurer for deposit into the | 3 | | probation and court services fund created under Section 15.1 of | 4 | | the Probation and Probation Officers Act, and such monies shall | 5 | | be disbursed from the fund only at the direction of the chief | 6 | | judge of the circuit or another judge designated by the Chief | 7 | | Circuit Judge in accordance with the policies and guidelines | 8 | | approved by the Supreme Court. | 9 | | 1.5. Starting on the effective date of this amendatory Act | 10 | | of the 96th General Assembly, a clerk of the circuit court in | 11 | | any county that imposes a fee pursuant to subsection 1 of this | 12 | | Section, shall charge and collect an additional fee in an | 13 | | amount equal to the amount of the fee imposed pursuant to | 14 | | subsection 1 of this Section. This additional fee shall be paid | 15 | | by the defendant in any felony, traffic, misdemeanor, or local | 16 | | ordinance case upon a judgment of guilty or grant of | 17 | | supervision. This fee shall not be paid by the defendant for | 18 | | any conservation violation listed in subsection 1.6 of this | 19 | | Section. | 20 | | 1.6. Starting on July 1, 2012 ( the effective date of Public | 21 | | Act 97-46) this amendatory Act of the 97th General Assembly , a | 22 | | clerk of the circuit court in any county that imposes a fee | 23 | | pursuant to subsection 1 of this Section shall charge and | 24 | | collect an additional fee in an amount equal to the amount of | 25 | | the fee imposed pursuant to subsection 1 of this Section. This | 26 | | additional fee shall be paid by the defendant upon a judgment |
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| 1 | | of guilty or grant of supervision for a conservation violation | 2 | | under the State Parks Act, the Recreational Trails of Illinois | 3 | | Act, the Illinois Explosives Act, the Timber Buyers Licensing | 4 | | Act, the Forest Products Transportation Act, the Firearm Owners | 5 | | Identification Card Act, the Environmental Protection Act, the | 6 | | Fish and Aquatic Life Code, the Wildlife Code, the Cave | 7 | | Protection Act, the Illinois Exotic Weed Act, the Illinois | 8 | | Forestry Development Act, the Ginseng Harvesting Act, the | 9 | | Illinois Lake Management Program Act, the Illinois Natural | 10 | | Areas Preservation Act, the Illinois Open Land Trust Act, the | 11 | | Open Space Lands Acquisition and Development Act, the Illinois | 12 | | Prescribed Burning Act, the State Forest Act, the Water Use Act | 13 | | of 1983, the Illinois Youth and Young Adult Employment Act of | 14 | | 1986, the Snowmobile Registration and Safety Act, the Boat | 15 | | Registration and Safety Act, the Illinois Dangerous Animals | 16 | | Act, the Hunter and Fishermen Interference Prohibition Act, the | 17 | | Wrongful Tree Cutting Act, or Section 11-1426.1, 11-1426.2, | 18 | | 11-1427, 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or | 19 | | 11-1427.5 of the Illinois Vehicle Code. | 20 | | 2. With respect to the fee imposed under subsection 1 of | 21 | | this Section, each clerk shall commence such charges and | 22 | | collections upon receipt
of written notice from the chairman of | 23 | | the county board together with a
certified copy of the board's | 24 | | resolution, which the clerk shall file of
record in his office.
| 25 | | 3. With respect to the fee imposed under subsection 1 of | 26 | | this Section, such fees shall be in addition to all other fees |
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| 1 | | and charges of such
clerks, and assessable as costs, and may be | 2 | | waived only if the judge
specifically provides for the waiver | 3 | | of the court automation fee. The
fees shall be remitted monthly | 4 | | by such clerk to the county treasurer, to be
retained by him in | 5 | | a special fund designated as the court automation fund.
The | 6 | | fund shall be audited by the county auditor, and the board | 7 | | shall make
expenditure from the fund in payment of any cost | 8 | | related to the automation
of court records, including hardware, | 9 | | software, research and development
costs and personnel related | 10 | | thereto, provided that the expenditure is
approved by the clerk | 11 | | of the court and by the chief judge of the circuit
court or his | 12 | | designate.
| 13 | | 4. With respect to the fee imposed under subsection 1 of | 14 | | this Section, such fees shall not be charged in any matter | 15 | | coming to any such clerk
on change of venue, nor in any | 16 | | proceeding to review the decision of any
administrative | 17 | | officer, agency or body.
| 18 | | 5. With respect to the additional fee imposed under | 19 | | subsection 1.5 of this Section, the fee shall be remitted by | 20 | | the circuit clerk to the State Treasurer within one month after | 21 | | receipt for deposit into the State Police Operations Assistance | 22 | | Fund. | 23 | | 6. With respect to the additional fees imposed under | 24 | | subsection 1.5 of this Section, the Director of State Police | 25 | | may direct the use of these fees for homeland security purposes | 26 | | by transferring these fees on a quarterly basis from the State |
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| 1 | | Police Operations Assistance Fund into the Illinois Law | 2 | | Enforcement Alarm Systems (ILEAS) Fund for homeland security | 3 | | initiatives programs. The transferred fees shall be allocated, | 4 | | subject to the approval of the ILEAS Executive Board, as | 5 | | follows: (i) 66.6% shall be used for homeland security | 6 | | initiatives and (ii) 33.3% shall be used for airborne | 7 | | operations. The ILEAS Executive Board shall annually supply the | 8 | | Director of State Police with a report of the use of these | 9 | | fees. | 10 | | 7. 6. With respect to the additional fee imposed under | 11 | | subsection 1.6 of this Section, the fee shall be remitted by | 12 | | the circuit clerk to the State Treasurer within one month after | 13 | | receipt for deposit into the Conservation Police Operations | 14 | | Assistance Fund. | 15 | | (Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12; | 16 | | 97-453, eff. 8-19-11; revised 10-4-11.)
| 17 | | Section 10. The Probation and Probation Officers Act is | 18 | | amended by changing Section 15.1 as follows: | 19 | | (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1) | 20 | | Sec. 15.1. Probation and Court Services Fund.
| 21 | | (a) The county treasurer in each county shall establish a
| 22 | | probation and court services fund consisting of fees collected | 23 | | pursuant to
subsection (i) of Section 5-6-3 and subsection (i) | 24 | | of Section 5-6-3.1
of the Unified Code of Corrections, |
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| 1 | | subsection (10) of Section 5-615
and
subsection (5) of Section | 2 | | 5-715 of the Juvenile Court Act of 1987, and
paragraph 14.3 of | 3 | | subsection (b) of Section 110-10 of the Code of Criminal
| 4 | | Procedure of 1963.
The
county treasurer shall disburse monies | 5 | | from the fund only at the direction
of the chief judge of the | 6 | | circuit court in such circuit where the county is
located. The | 7 | | county treasurer of each county shall, on or before January
10 | 8 | | of each year, submit an annual report to the Supreme Court.
| 9 | | (b) Monies in the probation and court services fund shall | 10 | | be
appropriated by the county board to be used within the | 11 | | county or
jurisdiction where
collected in accordance
with | 12 | | policies and guidelines approved by the Supreme Court for the | 13 | | costs
of operating the probation and court services department | 14 | | or departments;
however, except as provided in subparagraphs | 15 | | subparagraph (g) and (h) , monies
in the probation and court | 16 | | services fund shall not be used for the payment
of salaries of | 17 | | probation and court services personnel.
| 18 | | (c) Monies expended from the probation and court services | 19 | | fund shall
be used to supplement, not supplant, county | 20 | | appropriations for probation
and court services.
| 21 | | (d) Interest earned on monies deposited in a probation and | 22 | | court
services fund may be used by the county for its ordinary | 23 | | and contingent
expenditures.
| 24 | | (e) The county board may appropriate moneys from the | 25 | | probation and court
services fund, upon the direction of the | 26 | | chief judge, to support programs that
are part of the continuum |
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| 1 | | of juvenile delinquency intervention programs which
are or may | 2 | | be developed within the county. The grants from the probation | 3 | | and
court services fund shall be for no more than one year and | 4 | | may be used for any
expenses attributable to the program | 5 | | including administration and oversight of
the program by the | 6 | | probation department.
| 7 | | (f) The county board may appropriate moneys from the | 8 | | probation and court
services fund, upon the direction of the | 9 | | chief judge, to support practices
endorsed or required under | 10 | | the Sex Offender Management Board Act, including but
not | 11 | | limited to sex offender evaluation, treatment, and monitoring | 12 | | programs that
are or may be developed within the county.
| 13 | | (g) For the State Fiscal Years 2005, 2006, and 2007
only, | 14 | | the Administrative Office of the Illinois Courts may permit a | 15 | | county or circuit to use its probation and court services fund | 16 | | for the payment of salaries of probation officers and other | 17 | | court services personnel whose salaries are reimbursed under | 18 | | this Act if the State's FY2005, FY2006, or FY2007 appropriation | 19 | | to the Supreme Court for reimbursement to counties for | 20 | | probation salaries and services is less than the amount | 21 | | appropriated to the Supreme Court for these
purposes for State | 22 | | Fiscal Year 2004. The Administrative Office of the Illinois | 23 | | Courts shall take into account each county's or circuit's | 24 | | probation fee collections and expenditures when apportioning | 25 | | the total reimbursement for each county or circuit.
| 26 | | (h) The Administrative Office of the Illinois Courts may |
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| 1 | | permit a county or circuit to use its probation and court | 2 | | services fund for the payment of salaries of probation officers | 3 | | and other court services personnel whose salaries are | 4 | | reimbursed under this Act in any State fiscal year that the | 5 | | appropriation for reimbursement to counties for probation | 6 | | salaries and services is less than the amount appropriated to | 7 | | the Supreme Court for these purposes for State Fiscal Year | 8 | | 2002 , except that the Administrative Office of the Illinois | 9 | | Courts shall adjust this amount appropriated in 2002 by 3% per | 10 | | year and may continue to permit use of the probation and court | 11 | | services fund for salaries in any State fiscal year where the | 12 | | State reimbursement to counties is regularly delayed more than | 13 | | 4 months . The Administrative Office of the Illinois Courts | 14 | | shall take into account each county's or circuit's probation | 15 | | fee collections and expenditures when appropriating the total | 16 | | reimbursement for each county or circuit. Any amount | 17 | | appropriated to the Supreme Court in any State fiscal year for | 18 | | the purpose of reimbursing Cook County for the salaries and | 19 | | operations of the Cook County Juvenile Temporary Detention | 20 | | Center shall not be counted in the total appropriation to the | 21 | | Supreme Court in that State fiscal year for reimbursement to | 22 | | counties for probation salaries and services, for the purposes | 23 | | of this paragraph (h). | 24 | | (Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707, | 25 | | eff. 1-11-08.)
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| 1 | | Section 95. No acceleration or delay. Where this Act makes | 2 | | changes in a statute that is represented in this Act by text | 3 | | that is not yet or no longer in effect (for example, a Section | 4 | | represented by multiple versions), the use of that text does | 5 | | not accelerate or delay the taking effect of (i) the changes | 6 | | made by this Act or (ii) provisions derived from any other | 7 | | Public Act. | 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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