Full Text of SB0626 102nd General Assembly
SB0626enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal and Traffic Assessment Act is | 5 | | amended by changing Section 5-20 as follows: | 6 | | (705 ILCS 135/5-20)
| 7 | | (Section scheduled to be repealed on January 1, 2022) | 8 | | Sec. 5-20. Credit; time served; community service.
| 9 | | (a) Any credit for time served prior to sentencing that | 10 | | reduces the amount a defendant is required to pay shall be | 11 | | deducted from the fine, if any, ordered by the court. | 12 | | (b) Excluding any ordered conditional assessment, a | 13 | | defendant who has been ordered to pay an assessment may | 14 | | petition
the court to convert all or part of the assessment | 15 | | into court-approved
public or community service. The period of | 16 | | public service necessary to satisfy the assessment shall be | 17 | | set by the court, but in no event shall the hourly rate of the | 18 | | public or community service performed by the defendant be | 19 | | equivalent to less than the minimum wage of this State. The | 20 | | court may adjust the hourly rate of public or community | 21 | | service in accordance with this amendatory Act of the 102nd | 22 | | General Assembly for any mandatory assessments imposed between | 23 | | July 1, 2019 and the effective date of this amendatory Act of |
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| 1 | | the 102nd General Assembly. One hour of public or community | 2 | | service shall
be equivalent to $4 of assessment. The | 3 | | performance of this public or
community service may shall be a | 4 | | condition of probation, conditional
discharge, or supervision | 5 | | and shall be in addition to the performance of any
other period | 6 | | of public or community service ordered by the court or | 7 | | required
by law.
| 8 | | (Source: P.A. 100-987, eff. 7-1-19; 101-408, eff. 1-1-20 .) | 9 | | Section 10. The Code of Criminal Procedure of 1963 is | 10 | | amended by changing Section 124A-20 as follows: | 11 | | (725 ILCS 5/124A-20) | 12 | | Sec. 124A-20. Assessment waiver. | 13 | | (a) As used in this Section: | 14 | | "Assessments" means any costs imposed on a criminal | 15 | | defendant under Article 15 of the Criminal and Traffic | 16 | | Assessment Act, but does not include violation of the Illinois | 17 | | Vehicle Code assessments except as provided in subsection | 18 | | (a-5) . | 19 | | "Indigent person" means any person who meets one or more | 20 | | of the following criteria: | 21 | | (1) He or she is receiving assistance under one or | 22 | | more of the following means-based governmental public | 23 | | benefits programs: Supplemental Security Income; Aid to | 24 | | the Aged, Blind and Disabled; Temporary Assistance for |
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| 1 | | Needy Families; Supplemental Nutrition Assistance Program; | 2 | | General Assistance; Transitional Assistance; or State | 3 | | Children and Family Assistance. | 4 | | (2) His or her available personal income is 200% or | 5 | | less of the current poverty level, unless the applicant's | 6 | | assets that are not exempt under Part 9 or 10 of Article | 7 | | XII of the Code of Civil Procedure are of a nature and | 8 | | value that the court determines that the applicant is able | 9 | | to pay the assessments. | 10 | | (3) He or she is, in the discretion of the court, | 11 | | unable to proceed in an action with payment of assessments | 12 | | and whose payment of those assessments would result in | 13 | | substantial hardship to the person or his or her family. | 14 | | "Poverty level" means the current poverty level as | 15 | | established by the United States Department of Health and | 16 | | Human Services. | 17 | | (a-5) In a county having a population of more than | 18 | | 3,000,000, "assessments" means any costs imposed on a criminal
| 19 | | defendant under Article 15 of the Criminal and Traffic
| 20 | | Assessment Act, including violation of the Illinois Vehicle | 21 | | Code assessments. This subsection is inoperative on and after | 22 | | July 1, 2024. | 23 | | (b) For criminal offenses reflected in Schedules 1, 3, 4, | 24 | | 5, 7, and 8 of Article 15 of the Criminal and Traffic | 25 | | Assessment Act, upon Upon the application of any defendant, | 26 | | after the commencement of an action, but no later than 30 days |
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| 1 | | after sentencing: | 2 | | (1) If the court finds that the applicant is an | 3 | | indigent person, the court shall grant the applicant a | 4 | | full assessment waiver exempting him or her from the | 5 | | payment of any assessments. | 6 | | (2) The court shall grant the applicant a partial | 7 | | assessment as follows: | 8 | | (A) 75% of all assessments shall be waived if the | 9 | | applicant's available income is greater than 200% but | 10 | | no more than 250% of the poverty level, unless the | 11 | | applicant's assets that are not exempt under Part 9 or | 12 | | 10 of Article XII of the Code of Civil Procedure are | 13 | | such that the applicant is able, without undue | 14 | | hardship, to pay the total assessments. | 15 | | (B) 50% of all assessments shall be waived if the | 16 | | applicant's available income is greater than 250% but | 17 | | no more than 300% of the poverty level, unless the | 18 | | applicant's assets that are not exempt under Part 9 or | 19 | | 10 of Article XII of the Code of Civil Procedure are | 20 | | such that the court determines that the applicant is | 21 | | able, without undue hardship, to pay a greater portion | 22 | | of the assessments. | 23 | | (C) 25% of all assessments shall be waived if the | 24 | | applicant's available income is greater than 300% but | 25 | | no more than 400% of the poverty level, unless the | 26 | | applicant's assets that are not exempt under Part 9 or |
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| 1 | | 10 of Article XII of the Code of Civil Procedure are | 2 | | such that the court determines that the applicant is | 3 | | able, without undue hardship, to pay a greater portion | 4 | | of the assessments. | 5 | | (b-5) For traffic and petty offenses reflected in | 6 | | Schedules 2, 6, 9, 10, and 13 of Article 15 of the Criminal and | 7 | | Traffic Assessment Act, upon the application of any defendant, | 8 | | after the commencement of an action, but no later than 30 days | 9 | | after sentencing, the court shall grant the applicant a | 10 | | partial assessment as follows: | 11 | | (1) 50% of all assessments shall be waived if the | 12 | | court finds that the applicant is an indigent person or if | 13 | | the applicant's available income is not greater than 200% | 14 | | of the poverty level, unless the applicant's assets that | 15 | | are not exempt under Part 9 or 10 of Article XII of the | 16 | | Code of Civil Procedure are such that the applicant is | 17 | | able, without undue hardship, to pay the total | 18 | | assessments. | 19 | | (2) 37.5% of all assessments shall be waived if the | 20 | | applicant's available income is greater than 200% but no | 21 | | more than 250% of the poverty level, unless the | 22 | | applicant's assets that are not exempt under Part 9 or 10 | 23 | | of Article XII of the Code of Civil Procedure are such that | 24 | | the applicant is able, without undue hardship, to pay the | 25 | | total assessments. | 26 | | (3) 25% of all assessments shall be waived if the |
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| 1 | | applicant's available income is greater than 250% but no | 2 | | more than 300% of the poverty level, unless the | 3 | | applicant's assets that are not exempt under Part 9 or 10 | 4 | | of Article XII of the Code of Civil Procedure are such that | 5 | | the court determines that the applicant is able, without | 6 | | undue hardship, to pay a greater portion of the | 7 | | assessments. | 8 | | (4) 12.5% of all assessments shall be waived if the | 9 | | applicant's available income is greater than 300% but no | 10 | | more than 400% of the poverty level, unless the | 11 | | applicant's assets that are not exempt under Part 9 or 10 | 12 | | of Article XII of the Code of Civil Procedure are such that | 13 | | the court determines that the applicant is able, without | 14 | | undue hardship, to pay a greater portion of the | 15 | | assessments. | 16 | | (c) An application for a waiver of assessments shall be in | 17 | | writing, signed by the defendant or, if the defendant is a | 18 | | minor, by another person having knowledge of the facts, and | 19 | | filed no later than 30 days after sentencing. The contents of | 20 | | the application for a waiver of assessments, and the procedure | 21 | | for deciding the applications, shall be established by Supreme | 22 | | Court Rule. Factors to consider in evaluating an application | 23 | | shall include: | 24 | | (1) the applicant's receipt of needs based | 25 | | governmental public benefits, including Supplemental | 26 | | Security Income (SSI); Aid to the Aged, Blind and Disabled |
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| 1 | | ( AABD ADBD ); Temporary Assistance for Needy Families | 2 | | (TANF); Supplemental Nutrition Assistance Program (SNAP or | 3 | | "food stamps"); General Assistance; Transitional | 4 | | Assistance; or State Children and Family Assistance; | 5 | | (2) the employment status of the applicant and amount | 6 | | of monthly income, if any; | 7 | | (3) income received from the applicant's pension, | 8 | | Social Security benefits, unemployment benefits, and other | 9 | | sources; | 10 | | (4) income received by the applicant from other | 11 | | household members; | 12 | | (5) the applicant's monthly expenses, including rent, | 13 | | home mortgage, other mortgage, utilities, food, medical, | 14 | | vehicle, childcare, debts, child support, and other | 15 | | expenses; and | 16 | | (6) financial affidavits or other similar supporting | 17 | | documentation provided by the applicant showing that | 18 | | payment of the imposed assessments would result in | 19 | | substantial hardship to the applicant or the applicant's | 20 | | family. | 21 | | (d) The clerk of court shall provide the application for a | 22 | | waiver of assessments to any defendant who indicates an | 23 | | inability to pay the assessments. The clerk of the court shall | 24 | | post in a conspicuous place in the courthouse a notice, no | 25 | | smaller than 8.5 x 11 inches and using no smaller than 30-point | 26 | | typeface printed in English and in Spanish, advising criminal |
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| 1 | | defendants they may ask the court for a waiver of any court | 2 | | ordered assessments. The notice shall be substantially as | 3 | | follows: | 4 | | "If you are unable to pay the required assessments, | 5 | | you may ask the court to waive payment of them. Ask the | 6 | | clerk of the court for forms." | 7 | | (e) For good cause shown, the court may allow an applicant | 8 | | whose application is denied or who receives a partial | 9 | | assessment waiver to defer payment of the assessments, make | 10 | | installment payments, or make payment upon reasonable terms | 11 | | and conditions stated in the order. | 12 | | (f) Nothing in this Section shall be construed to affect | 13 | | the right of a party to court-appointed counsel, as authorized | 14 | | by any other provision of law or by the rules of the Illinois | 15 | | Supreme Court. | 16 | | (g) The provisions of this Section are severable under | 17 | | Section 1.31 of the Statute on Statutes.
| 18 | | (Source: P.A. 100-987, eff. 7-1-19; revised 8-28-20.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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