Full Text of HB3525 103rd General Assembly
HB3525 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3525 Introduced 2/17/2023, by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED: |
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Amends the Code of Criminal Procedure of 1963. Deletes a provision that if the court finds that the applicant is an indigent person, the court shall grant the applicant a full assessment waiver exempting him or her from the payment of any assessments. Provides that upon proof of need by the applicant, the court shall grant the applicant a partial assessment.
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| | A BILL FOR |
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| | | HB3525 | | LRB103 29684 RLC 57608 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 124A-20 as follows: | 6 | | (725 ILCS 5/124A-20) | 7 | | Sec. 124A-20. Assessment waiver. | 8 | | (a) As used in this Section: | 9 | | "Assessments" means any costs imposed on a criminal | 10 | | defendant under Article 15 of the Criminal and Traffic | 11 | | Assessment Act, but does not include violation of the Illinois | 12 | | Vehicle Code assessments except as provided in subsection | 13 | | (a-5). | 14 | | "Indigent person" means any person who meets one or more | 15 | | of the following criteria: | 16 | | (1) He or she is receiving assistance under one or | 17 | | more of the following means-based governmental public | 18 | | benefits programs: Supplemental Security Income; Aid to | 19 | | the Aged, Blind and Disabled; Temporary Assistance for | 20 | | Needy Families; Supplemental Nutrition Assistance Program; | 21 | | General Assistance; Transitional Assistance; or State | 22 | | Children and Family Assistance. | 23 | | (2) His or her available personal income is 200% or |
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| 1 | | less of the current poverty level, unless the applicant's | 2 | | assets that are not exempt under Part 9 or 10 of Article | 3 | | XII of the Code of Civil Procedure are of a nature and | 4 | | value that the court determines that the applicant is able | 5 | | to pay the assessments. | 6 | | (3) He or she is, in the discretion of the court, | 7 | | unable to proceed in an action with payment of assessments | 8 | | and whose payment of those assessments would result in | 9 | | substantial hardship to the person or his or her family. | 10 | | "Poverty level" means the current poverty level as | 11 | | established by the United States Department of Health and | 12 | | Human Services. | 13 | | (a-5) In a county having a population of more than | 14 | | 3,000,000, "assessments" means any costs imposed on a criminal
| 15 | | defendant under Article 15 of the Criminal and Traffic
| 16 | | Assessment Act, including violation of the Illinois Vehicle | 17 | | Code assessments. This subsection is inoperative on and after | 18 | | July 1, 2024. | 19 | | (b) For criminal offenses reflected in Schedules 1, 3, 4, | 20 | | 5, 7, and 8 of Article 15 of the Criminal and Traffic | 21 | | Assessment Act, upon the application of any defendant, after | 22 | | the commencement of an action, but no later than 30 days after | 23 | | sentencing: | 24 | | (1) (Blank). If the court finds that the applicant is | 25 | | an indigent person, the court shall grant the applicant a | 26 | | full assessment waiver exempting him or her from the |
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| 1 | | payment of any assessments. | 2 | | (2) Upon proof of need by the applicant, the The court | 3 | | shall grant the applicant a partial assessment as follows: | 4 | | (A) 75% of all assessments shall be waived if the | 5 | | applicant's available income is greater than 200% but | 6 | | no more than 250% of the poverty level, unless the | 7 | | applicant's assets that are not exempt under Part 9 or | 8 | | 10 of Article XII of the Code of Civil Procedure are | 9 | | such that the applicant is able, without undue | 10 | | hardship, to pay the total assessments. | 11 | | (B) 50% of all assessments shall be waived if the | 12 | | applicant's available income is greater than 250% but | 13 | | no more than 300% of the poverty level, unless the | 14 | | applicant's assets that are not exempt under Part 9 or | 15 | | 10 of Article XII of the Code of Civil Procedure are | 16 | | such that the court determines that the applicant is | 17 | | able, without undue hardship, to pay a greater portion | 18 | | of the assessments. | 19 | | (C) 25% of all assessments shall be waived if the | 20 | | applicant's available income is greater than 300% but | 21 | | no more than 400% of the poverty level, unless the | 22 | | applicant's assets that are not exempt under Part 9 or | 23 | | 10 of Article XII of the Code of Civil Procedure are | 24 | | such that the court determines that the applicant is | 25 | | able, without undue hardship, to pay a greater portion | 26 | | of the assessments. |
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| 1 | | (b-5) For traffic and petty offenses reflected in | 2 | | Schedules 2, 6, 9, 10, and 13 of Article 15 of the Criminal and | 3 | | Traffic Assessment Act, upon the application of any defendant, | 4 | | after the commencement of an action, but no later than 30 days | 5 | | after sentencing, the court shall grant the applicant a | 6 | | partial assessment as follows: | 7 | | (1) 50% of all assessments shall be waived if the | 8 | | court finds that the applicant is an indigent person or if | 9 | | the applicant's available income is not greater than 200% | 10 | | of the poverty level, unless the applicant's assets that | 11 | | are not exempt under Part 9 or 10 of Article XII of the | 12 | | Code of Civil Procedure are such that the applicant is | 13 | | able, without undue hardship, to pay the total | 14 | | assessments. | 15 | | (2) 37.5% of all assessments shall be waived if the | 16 | | applicant's available income is greater than 200% but no | 17 | | more than 250% of the poverty level, unless the | 18 | | applicant's assets that are not exempt under Part 9 or 10 | 19 | | of Article XII of the Code of Civil Procedure are such that | 20 | | the applicant is able, without undue hardship, to pay the | 21 | | total assessments. | 22 | | (3) 25% of all assessments shall be waived if the | 23 | | applicant's available income is greater than 250% but no | 24 | | more than 300% of the poverty level, unless the | 25 | | applicant's assets that are not exempt under Part 9 or 10 | 26 | | of Article XII of the Code of Civil Procedure are such that |
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| 1 | | the court determines that the applicant is able, without | 2 | | undue hardship, to pay a greater portion of the | 3 | | assessments. | 4 | | (4) 12.5% of all assessments shall be waived if the | 5 | | applicant's available income is greater than 300% but no | 6 | | more than 400% of the poverty level, unless the | 7 | | applicant's assets that are not exempt under Part 9 or 10 | 8 | | of Article XII of the Code of Civil Procedure are such that | 9 | | the court determines that the applicant is able, without | 10 | | undue hardship, to pay a greater portion of the | 11 | | assessments. | 12 | | (c) An application for a waiver of assessments shall be in | 13 | | writing, signed by the defendant or, if the defendant is a | 14 | | minor, by another person having knowledge of the facts, and | 15 | | filed no later than 30 days after sentencing. The contents of | 16 | | the application for a waiver of assessments, and the procedure | 17 | | for deciding the applications, shall be established by Supreme | 18 | | Court Rule. Factors to consider in evaluating an application | 19 | | shall include: | 20 | | (1) the applicant's receipt of needs based | 21 | | governmental public benefits, including Supplemental | 22 | | Security Income (SSI); Aid to the Aged, Blind and Disabled | 23 | | (AABD); Temporary Assistance for Needy Families (TANF); | 24 | | Supplemental Nutrition Assistance Program (SNAP or "food | 25 | | stamps"); General Assistance; Transitional Assistance; or | 26 | | State Children and Family Assistance; |
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| 1 | | (2) the employment status of the applicant and amount | 2 | | of monthly income, if any; | 3 | | (3) income received from the applicant's pension, | 4 | | Social Security benefits, unemployment benefits, and other | 5 | | sources; | 6 | | (4) income received by the applicant from other | 7 | | household members; | 8 | | (5) the applicant's monthly expenses, including rent, | 9 | | home mortgage, other mortgage, utilities, food, medical, | 10 | | vehicle, childcare, debts, child support, and other | 11 | | expenses; and | 12 | | (6) financial affidavits or other similar supporting | 13 | | documentation provided by the applicant showing that | 14 | | payment of the imposed assessments would result in | 15 | | substantial hardship to the applicant or the applicant's | 16 | | family. | 17 | | (d) The clerk of court shall provide the application for a | 18 | | partial waiver of assessments to any defendant who indicates | 19 | | an inability to pay the assessments. The clerk of the court | 20 | | shall post in a conspicuous place in the courthouse a notice, | 21 | | no smaller than 8.5 x 11 inches and using no smaller than | 22 | | 30-point typeface printed in English and in Spanish, advising | 23 | | criminal defendants they may ask the court for a partial | 24 | | waiver of any court ordered assessments. The notice shall be | 25 | | substantially as follows: | 26 | | "If you are unable to pay the required assessments, |
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| 1 | | you may ask the court to partially waive payment of them. | 2 | | Ask the clerk of the court for forms." | 3 | | (e) For good cause shown, the court may allow an applicant | 4 | | whose application is denied or who receives a partial | 5 | | assessment waiver to defer payment of the assessments, make | 6 | | installment payments, or make payment upon reasonable terms | 7 | | and conditions stated in the order. | 8 | | (f) Nothing in this Section shall be construed to affect | 9 | | the right of a party to court-appointed counsel, as authorized | 10 | | by any other provision of law or by the rules of the Illinois | 11 | | Supreme Court. | 12 | | (g) The provisions of this Section are severable under | 13 | | Section 1.31 of the Statute on Statutes.
| 14 | | (Source: P.A. 102-558, eff. 8-20-21; 102-620, eff. 8-27-21.)
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