Full Text of SB2357 96th General Assembly
SB2357 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2357
Introduced 2/27/2009, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/4-2002 |
from Ch. 34, par. 4-2002 |
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Amends the Counties Code. Increases the current fees charged by State's Attorneys. Adds a $2 fee to be paid by a defendant on a judgment of guilty or a grant of supervision to be used by the State's Attorney for records automation, including hardware, software, research and development costs, and related personnel.
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A BILL FOR
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SB2357 |
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LRB096 08959 RLJ 19097 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing Section | 5 |
| 4-2002 as follows:
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| (55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
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| Sec. 4-2002. State's attorney fees in counties under | 8 |
| 3,000,000
population. This Section applies only to counties | 9 |
| with fewer than
3,000,000 inhabitants.
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| (a) State's attorneys shall be entitled to the following | 11 |
| fees, however, the
fee requirement of this subsection does not | 12 |
| apply to county boards:
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| For each conviction in prosecutions on indictments for | 14 |
| first degree murder,
second degree murder, involuntary | 15 |
| manslaughter, criminal sexual assault,
aggravated criminal | 16 |
| sexual assault, aggravated criminal sexual abuse,
kidnapping, | 17 |
| arson and forgery, $90 $30 . All other cases punishable by | 18 |
| imprisonment
in the penitentiary, $60 $30 .
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| For each conviction in other cases tried before judges of | 20 |
| the circuit
court or resulting in a disposition of court | 21 |
| supervision following a trial, $30 , $15; except that if the | 22 |
| conviction is in a case which may be
assigned to an associate | 23 |
| judge, whether or not it is in fact assigned to
an associate |
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SB2357 |
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LRB096 08959 RLJ 19097 b |
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| judge, the fee shall be $10 .
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| For preliminary examinations for each defendant held to | 3 |
| bail or
recognizance, $20 $10 .
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| For each examination of a party bound over to keep the | 5 |
| peace, $20 $10 .
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| For each defendant held to answer in a circuit court on a | 7 |
| charge of
paternity, $20 $10 .
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| For each trial on a charge of paternity, $60 $30 .
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| For each case of appeal taken from his county or from the | 10 |
| county to
which a change of venue is taken to his county to the | 11 |
| Supreme or
Appellate Court when prosecuted or defended by him, | 12 |
| $100 $50 .
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| For each day actually employed in the trial of a case, $50 | 14 |
| $25 ; in which
case the court before whom the case is tried | 15 |
| shall make an order
specifying the number of days for which a | 16 |
| per diem shall be allowed.
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| For each day actually employed in the trial of cases of | 18 |
| felony
arising in their respective counties and taken by change | 19 |
| of venue to
another county, $50 $25 ; and the court before whom | 20 |
| the case is tried shall
make an order specifying the number of | 21 |
| days for which said per diem
shall be allowed; and it is hereby | 22 |
| made the duty of each State's
attorney to prepare and try each | 23 |
| case of felony arising when so taken by
change of venue.
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| For assisting in a trial of each case on an indictment for | 25 |
| felony
brought by change of venue to their respective counties, | 26 |
| the same fees
they would be entitled to if such indictment had |
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SB2357 |
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LRB096 08959 RLJ 19097 b |
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| been found for an
offense committed in his county, and it shall | 2 |
| be the duty of the
State's attorney of the county to which such | 3 |
| cause is taken by
change of venue to assist in the trial | 4 |
| thereof.
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| For each case of forfeited recognizance where the | 6 |
| forfeiture is set
aside at the instance of the defense, in | 7 |
| addition to the ordinary costs,
$20 $10 for each defendant.
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| For each proceeding in a circuit court to inquire into the | 9 |
| alleged
mental illness of any person, $20 $10 for each | 10 |
| defendant.
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| For each proceeding in a circuit court to inquire into the | 12 |
| alleged
dependency or delinquency of any child, $20 $10 .
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| For each day actually employed in the hearing of a case of | 14 |
| habeas
corpus in which the people are interested, $50 $25 .
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| For each violation of the Criminal Code of 1961 and the | 16 |
| Illinois Vehicle Code in which a defendant has entered a plea | 17 |
| of guilty or a defendant has stipulated to the facts supporting | 18 |
| the charge or a finding of guilt and the court has entered an | 19 |
| order of supervision, $10.
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| A $2 fee to be paid by the defendant on a judgment of | 21 |
| guilty or a grant of supervision for a violation of any | 22 |
| provision of the Illinois Vehicle Code or any felony, | 23 |
| misdemeanor, or petty offense to discharge the expenses of the | 24 |
| State's Attorney's office for establishing and maintaining | 25 |
| automated records keeping systems. This fee shall be remitted | 26 |
| monthly to the county treasurer, to be retained by him or her |
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LRB096 08959 RLJ 19097 b |
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| in a special fund designated as the State's Attorney records | 2 |
| automation fund. Expenditures from this fund may be made by the | 3 |
| State's Attorney for hardware, software, research and | 4 |
| development costs, and related personnel. | 5 |
| All the foregoing fees shall be taxed as costs to be | 6 |
| collected from
the defendant, if possible, upon conviction. But | 7 |
| in cases of inquiry
into the mental illness of any person | 8 |
| alleged to be mentally ill, in
cases on a charge of paternity | 9 |
| and in cases of appeal in the Supreme or
Appellate Court, where | 10 |
| judgment is in favor of the accused, the fees
allowed the | 11 |
| State's attorney therein shall be retained out of the fines
and | 12 |
| forfeitures collected by them in other cases.
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| Ten per cent of all moneys except revenue, collected by | 14 |
| them and paid
over to the authorities entitled thereto, which | 15 |
| per cent together with
the fees provided for herein that are | 16 |
| not collected from the parties
tried or examined, shall be paid | 17 |
| out of any fines and forfeited
recognizances collected by them, | 18 |
| provided however, that in proceedings
to foreclose the lien of | 19 |
| delinquent real estate taxes State's attorneys
shall receive a | 20 |
| fee, to be credited to the earnings of their office, of 10%
of | 21 |
| the total amount realized from the sale of real estate sold in | 22 |
| such
proceedings. Such fees shall be paid from the total amount | 23 |
| realized from
the sale of the real estate sold in such | 24 |
| proceedings.
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| State's attorneys shall have a lien for their fees on all | 26 |
| judgments
for fines or forfeitures procured by them and on |
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| moneys except revenue
received by them until such fees and | 2 |
| earnings are fully paid.
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| No fees shall be charged on more than 10 counts in any one | 4 |
| indictment
or information on trial and conviction; nor on more | 5 |
| than 10 counts
against any one defendant on pleas of guilty.
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| The Circuit Court may direct that of all monies received, | 7 |
| by
restitution or otherwise, which monies are ordered paid to | 8 |
| the
Department of Healthcare and Family Services (formerly | 9 |
| Department of Public Aid) or the Department of Human Services | 10 |
| (acting as
successor to the Department of Public Aid under the | 11 |
| Department of Human
Services Act) as a direct result of the | 12 |
| efforts
of the
State's attorney and which payments arise from | 13 |
| Civil or Criminal
prosecutions involving the Illinois Public | 14 |
| Aid Code or the Criminal Code,
the
following amounts shall be | 15 |
| paid quarterly by the Department of Healthcare and Family | 16 |
| Services or the Department of Human Services to the General | 17 |
| Corporate Fund of
the County in which the prosecution
or cause | 18 |
| of action took place:
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| (1) where the monies result from child support | 20 |
| obligations, not
more than 25% of the federal share of the | 21 |
| monies received,
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| (2) where the monies result from other than child | 23 |
| support
obligations, not more than 25% of the State's share | 24 |
| of the monies received.
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| (b) A municipality shall be entitled to a $10 prosecution | 26 |
| fee for each
conviction for a violation of the Illinois Vehicle |
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| Code prosecuted by the
municipal attorney pursuant to Section | 2 |
| 16-102 of that Code which is tried
before a circuit or | 3 |
| associate judge and shall be entitled to a $10
prosecution fee | 4 |
| for each conviction for a violation of a municipal vehicle
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| ordinance or nontraffic ordinance prosecuted by the municipal | 6 |
| attorney
which is tried before a circuit or associate judge. | 7 |
| Such fee shall be taxed as
costs to be collected from the | 8 |
| defendant, if possible, upon conviction. A
municipality shall | 9 |
| have a lien for such prosecution fees on all judgments or
fines | 10 |
| procured by the municipal attorney from prosecutions for | 11 |
| violations of
the Illinois Vehicle Code and municipal vehicle | 12 |
| ordinances or nontraffic
ordinances.
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| For the purposes of this subsection (b), "municipal vehicle | 14 |
| ordinance"
means any ordinance enacted pursuant to Sections | 15 |
| 11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois | 16 |
| Municipal Code or any ordinance enacted by a
municipality which | 17 |
| is similar to a provision of Chapter 11 of the Illinois
Vehicle | 18 |
| Code.
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| (Source: P.A. 95-331, eff. 8-21-07; 95-385, eff. 1-1-08.)
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