Illinois General Assembly - Full Text of HB0830
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Full Text of HB0830  98th General Assembly


Rep. Jay Hoffman

Filed: 3/13/2013





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2    AMENDMENT NO. ______. Amend House Bill 830 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 5-9-3 as follows:
6    (730 ILCS 5/5-9-3)  (from Ch. 38, par. 1005-9-3)
7    Sec. 5-9-3. Default.
8    (a) An offender who defaults in the payment of a fine or
9any installment of that fine may be held in contempt and
10imprisoned for nonpayment. The court may issue a summons for
11his appearance or a warrant of arrest.
12    (b) Unless the offender shows that his default was not due
13to his intentional refusal to pay, or not due to a failure on
14his part to make a good faith effort to pay, the court may
15order the offender imprisoned for a term not to exceed 6 months
16if the fine was for a felony, or 30 days if the fine was for a



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1misdemeanor, a petty offense or a business offense. Payment of
2the fine at any time will entitle the offender to be released,
3but imprisonment under this Section shall not satisfy the
4payment of the fine.
5    (c) If it appears that the default in the payment of a fine
6is not intentional under paragraph (b) of this Section, the
7court may enter an order allowing the offender additional time
8for payment, reducing the amount of the fine or of each
9installment, or revoking the fine or the unpaid portion.
10    (d) When a fine is imposed on a corporation or
11unincorporated organization or association, it is the duty of
12the person or persons authorized to make disbursement of
13assets, and their superiors, to pay the fine from assets of the
14corporation or unincorporated organization or association. The
15failure of such persons to do so shall render them subject to
16proceedings under paragraphs (a) and (b) of this Section.
17    (e) A default in the payment of a fine, fee, cost, order of
18restitution, judgment of bond forfeiture, judgment order of
19forfeiture, or any installment thereof may be collected by any
20and all means authorized for the collection of money judgments.
21The State's Attorney of the county in which the fine, fee,
22cost, order of restitution, judgment of bond forfeiture, or
23judgment order of forfeiture was imposed may retain attorneys
24and private collection agents for the purpose of collecting any
25default in payment of any fine, fee, cost, order of
26restitution, judgment of bond forfeiture, judgment order of



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1forfeiture, or installment thereof. An additional fee of 30% of
2the delinquent amount and each taxable court cost including,
3without limitation, costs of service of process, shall is to be
4charged to the offender for any amount of the fine, fee, cost,
5restitution, or judgment of bond forfeiture or installment of
6the fine, fee, cost, restitution, or judgment of bond
7forfeiture that remains unpaid after the time fixed for payment
8of the fine, fee, cost, restitution, or judgment of bond
9forfeiture by the court. The additional fee shall be payable to
10the State's Attorney in order to compensate the State's
11Attorney for costs incurred in collecting the delinquent
12amount. The State's Attorney may enter into agreements
13assigning any portion of the fee to the retained attorneys or
14the private collection agent retained by the State's Attorney.
15Any agreement between the State's Attorney and the retained
16attorneys or collection agents shall require the approval of
17the Circuit Clerk of that county. A default in payment of a
18fine, fee, cost, restitution, or judgment of bond forfeiture
19shall draw interest at the rate of 9% per annum.
20(Source: P.A. 95-514, eff. 1-1-08; 95-606, eff. 6-1-08; 95-876,
21eff. 8-21-08.)".