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

HB0350sam001 102ND GENERAL ASSEMBLY

Sen. Scott M. Bennett

Filed: 4/28/2021

 

 


 

 


 
10200HB0350sam001LRB102 10102 LNS 23411 a

1
AMENDMENT TO HOUSE BILL 350

2    AMENDMENT NO. ______. Amend House Bill 350 by replacing
3everything after the enacting clause with the following:
 
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7    (Section scheduled to be repealed on January 1, 2022)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

 

 

10200HB0350sam001- 2 -LRB102 10102 LNS 23411 a

1sentenced but shall order only one assessment from the
2Schedule of Assessments 1 through 13 of this Act for all
3sentenced violations in a case, that being the schedule
4applicable to the highest classified offense violation that is
5being sentenced, plus any conditional assessments under
6Section 15-70 of this Act applicable to any sentenced
7violation in the case.
8    (b) If the defendant's income is less than 200% of the
9poverty level, before the court orders an assessment, the
10court shall make a determination of the defendant's ability to
11pay the assessment. If the court determines that the defendant
12is unable to pay the assessment, the court may reduce the
13assessment or waive the assessment in the court's discretion.
14If the court finds that the schedule of assessments will cause
15an undue burden on any victim in a case or if the court orders
16community service or some other punishment in place of the
17applicable schedule of assessments, the court may reduce the
18amount set forth in the applicable schedule of assessments or
19not order the applicable schedule of assessments. If the court
20reduces the amount set forth in the applicable schedule of
21assessments, then all recipients of the funds collected will
22receive a prorated amount to reflect the reduction.
23    (c) The court may order the assessments to be paid
24forthwith or within a specified period of time or in
25installments.
26    (c-3) Excluding any ordered conditional assessment, if the

 

 

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1assessment is not paid within the period of probation,
2conditional discharge, or supervision to which the defendant
3was originally sentenced, the court may extend the period of
4probation, conditional discharge, or supervision under Section
55-6-2 or 5-6-3.1 of the Unified Code of Corrections, as
6applicable, until the assessment is paid or until successful
7completion of public or community service set forth in
8subsection (b) of Section 5-20 of this Act or the successful
9completion of the substance abuse intervention or treatment
10program set forth in subsection (c-5) of this Section.
11    (c-5) Excluding any ordered conditional assessment, the
12court may suspend the collection of the assessment; provided,
13the defendant agrees to enter a substance abuse intervention
14or treatment program approved by the court; and further
15provided that the defendant agrees to pay for all or some
16portion of the costs associated with the intervention or
17treatment program. In this case, the collection of the
18assessment shall be suspended during the defendant's
19participation in the approved intervention or treatment
20program. Upon successful completion of the program, the
21defendant may apply to the court to reduce the assessment
22imposed under this Section by any amount actually paid by the
23defendant for his or her participation in the program. The
24court shall not reduce the assessment under this subsection
25unless the defendant establishes to the satisfaction of the
26court that he or she has successfully completed the

 

 

10200HB0350sam001- 4 -LRB102 10102 LNS 23411 a

1intervention or treatment program. If the defendant's
2participation is for any reason terminated before his or her
3successful completion of the intervention or treatment
4program, collection of the entire assessment imposed under
5this Act shall be enforced. Nothing in this Section shall be
6deemed to affect or suspend any other fines, restitution
7costs, forfeitures, or assessments imposed under this or any
8other Act.
9    (d) Except as provided in Section 5-15 of this Act, the
10defendant shall pay to the clerk of the court and the clerk
11shall remit the assessment to the appropriate entity as set
12forth in the ordered schedule of assessments within one month
13of its receipt.
14    (e) Unless a court ordered payment schedule is implemented
15or the assessment requirements of this Act are waived under a
16court order, the clerk of the circuit court may add to any
17unpaid assessments under this Act a delinquency amount equal
18to 5% of the unpaid assessments that remain unpaid after 30
19days, 10% of the unpaid assessments that remain unpaid after
2060 days, and 15% of the unpaid assessments that remain unpaid
21after 90 days. Notice to those parties may be made by signage
22posting or publication. The additional delinquency amounts
23collected under this Section shall be deposited into the
24Circuit Clerk Operations and Administration Fund and used to
25defray additional administrative costs incurred by the clerk
26of the circuit court in collecting unpaid assessments.

 

 

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1(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
 
2    (705 ILCS 135/5-20)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 5-20. Credit; time served; community service.
5    (a) Any credit for time served prior to sentencing that
6reduces the amount a defendant is required to pay shall be
7deducted from the fine, if any, ordered by the court.
8    (b) Excluding any ordered conditional assessment, a
9defendant who has been ordered to pay an assessment may
10petition the court to convert all or part of the assessment
11into court-approved public or community service. One hour of
12public or community service shall be equivalent to $10 $4 of
13assessment. The performance of this public or community
14service shall be a condition of probation, conditional
15discharge, or supervision and shall be in addition to the
16performance of any other period of public or community service
17ordered by the court or required by law.
18(Source: P.A. 100-987, eff. 7-1-19; 101-408, eff. 1-1-20.)".