Illinois General Assembly - Full Text of HB0350
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Full Text of HB0350  102nd General Assembly

HB0350 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0350

 

Introduced 1/29/2021, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 135/5-10
705 ILCS 135/5-20

    Amends the Criminal and Traffic Assessment Act. Provides that before the court orders an assessment, the court shall make a determination of the defendant's ability to pay the assessment. Provides that if the court determines that the defendant is unable to pay the assessment, the court may reduce the assessment or waive the assessment in the court's discretion. Deletes language providing that that one hour of public or community service shall be equivalent to $4 of assessment. Provides instead that one hour of public or community service shall be equivalent to the value of one hour of work at the State minimum wage or the minimum hourly wage in the municipality where the defendant resides, whichever is greater. Requires the Director of Labor to publish an up-to-date list of the Illinois minimum wage and the minimum wages of each municipality in the State that has enacted a minimum wage that is greater than the State minimum wage. Provides that the Director of Labor shall send the published minimum wage list and updates to the Administrative Office of the Illinois Courts to be provided to each judicial circuit in the State.


LRB102 10102 LNS 15423 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0350LRB102 10102 LNS 15423 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal and Traffic Assessment Act is
5amended by changing Sections 5-10 and 5-20 as follows:
 
6    (705 ILCS 135/5-10)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 5-10. Schedules; payment.
9    (a) In each case, the court shall order an assessment at
10the time of sentencing, as set forth in this Act, for a
11defendant to pay in addition to any fine, restitution, or
12forfeiture ordered by the court when the defendant is
13convicted of, pleads guilty to, or is placed on court
14supervision for a violation of a statute of this State or a
15similar local ordinance. The court may order a fine,
16restitution, or forfeiture on any violation that is being
17sentenced but shall order only one assessment from the
18Schedule of Assessments 1 through 13 of this Act for all
19sentenced violations in a case, that being the schedule
20applicable to the highest classified offense violation that is
21being sentenced, plus any conditional assessments under
22Section 15-70 of this Act applicable to any sentenced
23violation in the case.

 

 

HB0350- 2 -LRB102 10102 LNS 15423 b

1    (b) Before the court orders an assessment, the court shall
2make a determination of the defendant's ability to pay the
3assessment. If the court determines that the defendant is
4unable to pay the assessment, the court may reduce the
5assessment or waive the assessment in the court's discretion.
6If the court finds that the schedule of assessments will cause
7an undue burden on any victim in a case or if the court orders
8community service or some other punishment in place of the
9applicable schedule of assessments, the court may reduce the
10amount set forth in the applicable schedule of assessments or
11not order the applicable schedule of assessments. If the court
12reduces the amount set forth in the applicable schedule of
13assessments, then all recipients of the funds collected will
14receive a prorated amount to reflect the reduction.
15    (c) The court may order the assessments to be paid
16forthwith or within a specified period of time or in
17installments.
18    (c-3) Excluding any ordered conditional assessment, if the
19assessment is not paid within the period of probation,
20conditional discharge, or supervision to which the defendant
21was originally sentenced, the court may extend the period of
22probation, conditional discharge, or supervision under Section
235-6-2 or 5-6-3.1 of the Unified Code of Corrections, as
24applicable, until the assessment is paid or until successful
25completion of public or community service set forth in
26subsection (b) of Section 5-20 of this Act or the successful

 

 

HB0350- 3 -LRB102 10102 LNS 15423 b

1completion of the substance abuse intervention or treatment
2program set forth in subsection (c-5) of this Section.
3    (c-5) Excluding any ordered conditional assessment, the
4court may suspend the collection of the assessment; provided,
5the defendant agrees to enter a substance abuse intervention
6or treatment program approved by the court; and further
7provided that the defendant agrees to pay for all or some
8portion of the costs associated with the intervention or
9treatment program. In this case, the collection of the
10assessment shall be suspended during the defendant's
11participation in the approved intervention or treatment
12program. Upon successful completion of the program, the
13defendant may apply to the court to reduce the assessment
14imposed under this Section by any amount actually paid by the
15defendant for his or her participation in the program. The
16court shall not reduce the assessment under this subsection
17unless the defendant establishes to the satisfaction of the
18court that he or she has successfully completed the
19intervention or treatment program. If the defendant's
20participation is for any reason terminated before his or her
21successful completion of the intervention or treatment
22program, collection of the entire assessment imposed under
23this Act shall be enforced. Nothing in this Section shall be
24deemed to affect or suspend any other fines, restitution
25costs, forfeitures, or assessments imposed under this or any
26other Act.

 

 

HB0350- 4 -LRB102 10102 LNS 15423 b

1    (d) Except as provided in Section 5-15 of this Act, the
2defendant shall pay to the clerk of the court and the clerk
3shall remit the assessment to the appropriate entity as set
4forth in the ordered schedule of assessments within one month
5of its receipt.
6    (e) Unless a court ordered payment schedule is implemented
7or the assessment requirements of this Act are waived under a
8court order, the clerk of the circuit court may add to any
9unpaid assessments under this Act a delinquency amount equal
10to 5% of the unpaid assessments that remain unpaid after 30
11days, 10% of the unpaid assessments that remain unpaid after
1260 days, and 15% of the unpaid assessments that remain unpaid
13after 90 days. Notice to those parties may be made by signage
14posting or publication. The additional delinquency amounts
15collected under this Section shall be deposited into the
16Circuit Clerk Operations and Administration Fund and used to
17defray additional administrative costs incurred by the clerk
18of the circuit court in collecting unpaid assessments.
19(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
 
20    (705 ILCS 135/5-20)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 5-20. Credit; time served; community service.
23    (a) Any credit for time served prior to sentencing that
24reduces the amount a defendant is required to pay shall be
25deducted from the fine, if any, ordered by the court.

 

 

HB0350- 5 -LRB102 10102 LNS 15423 b

1    (b) Excluding any ordered conditional assessment, a
2defendant who has been ordered to pay an assessment may
3petition the court to convert all or part of the assessment
4into court-approved public or community service. One hour of
5public or community service shall be equivalent to the value
6of one hour of work at the State minimum wage as provided in
7the Minimum Wage Law or the minimum hourly wage in the
8municipality where the defendant resides, whichever is
9greater, as calculated by the Department of Labor. On the
10effective date of this amendatory Act of the 102nd General
11Assembly and annually thereafter, the Director of Labor shall
12publish the Illinois minimum wage and the minimum wages of
13each municipality in this State that has enacted by ordinance
14a minimum wage that is greater than the State minimum wage. The
15Director of Labor shall update the list if the State or
16municipal minimum wage is changed by law or if a municipality
17enacts an ordinance increasing its minimum wage that is
18greater than the State minimum wage. The Director of Labor
19shall send the published minimum wage list and updates to the
20Administrative Office of the Illinois Courts to be provided to
21each judicial circuit in this State $4 of assessment. The
22performance of this public or community service shall be a
23condition of probation, conditional discharge, or supervision
24and shall be in addition to the performance of any other period
25of public or community service ordered by the court or
26required by law.

 

 

HB0350- 6 -LRB102 10102 LNS 15423 b

1(Source: P.A. 100-987, eff. 7-1-19; 101-408, eff. 1-1-20.)