State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



92_SB0597

 
                                               LRB9205117MWdv

 1        AN ACT concerning State's attorney fees.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Counties  Code  is amended by changing
 5    Sections 4-2002 and 4-2002.1 as follows:

 6        (55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
 7        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 800,000 3,000,000 inhabitants.
10        (a)  State's attorneys shall be entitled to the following
11    fees, however, the fee requirement of  this  subsection  does
12    not apply to county boards:
13        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,  $30.   All  other  cases  punishable  by
18    imprisonment in the penitentiary, $30.
19        For each conviction in other cases tried before judges of
20    the circuit court, $15; except that if the conviction is in a
21    case  which may be assigned to an associate judge, whether or
22    not it is in fact assigned to an  associate  judge,  the  fee
23    shall be $10.
24        For  preliminary  examinations for each defendant held to
25    bail or recognizance, $10.
26        For each examination of a party bound over  to  keep  the
27    peace, $10.
28        For each defendant held to answer in a circuit court on a
29    charge of paternity, $10.
30        For each trial on a charge of paternity, $30.
31        For each case of appeal taken from his county or from the
 
                            -2-                LRB9205117MWdv
 1    county  to  which a change of venue is taken to his county to
 2    the Supreme or Appellate Court when prosecuted or defended by
 3    him, $50.
 4        For each day actually employed in the trial  of  a  case,
 5    $25;  in  which  case the court before whom the case is tried
 6    shall make an order specifying the number of days for which a
 7    per diem shall be allowed.
 8        For each day actually employed in the trial of  cases  of
 9    felony  arising  in  their  respective  counties and taken by
10    change of venue to another county, $25; and the court  before
11    whom  the  case  is  tried shall make an order specifying the
12    number of days for which said per diem shall be allowed;  and
13    it  is  hereby  made  the  duty  of  each State's attorney to
14    prepare and try each case of felony arising when so taken  by
15    change of venue.
16        For  assisting  in  a trial of each case on an indictment
17    for felony brought by change of  venue  to  their  respective
18    counties,  the  same  fees  they would be entitled to if such
19    indictment had been found for an  offense  committed  in  his
20    county,  and  it shall be the duty of the State's attorney of
21    the county to which such cause is taken by change of venue to
22    assist in the trial thereof.
23        For  each  case  of  forfeited  recognizance  where   the
24    forfeiture  is  set  aside at the instance of the defense, in
25    addition to the ordinary costs, $10 for each defendant.
26        For each proceeding in a circuit court  to  inquire  into
27    the  alleged  mental  illness  of  any  person,  $10 for each
28    defendant.
29        For each proceeding in a circuit court  to  inquire  into
30    the alleged dependency or delinquency of any child, $10.
31        For  each  day actually employed in the hearing of a case
32    of habeas corpus in which the people are interested, $25.
33        All the foregoing fees shall be  taxed  as  costs  to  be
34    collected  from  the defendant, if possible, upon conviction.
 
                            -3-                LRB9205117MWdv
 1    But in cases of inquiry into the mental illness of any person
 2    alleged to be mentally ill, in cases on a charge of paternity
 3    and in cases of appeal in the  Supreme  or  Appellate  Court,
 4    where  judgment  is in favor of the accused, the fees allowed
 5    the State's attorney therein shall be  retained  out  of  the
 6    fines and forfeitures collected by them in other cases.
 7        Ten  per  cent of all moneys except revenue, collected by
 8    them and paid over to the authorities entitled thereto, which
 9    per cent together with the fees provided for herein that  are
10    not  collected  from  the parties tried or examined, shall be
11    paid out of any fines and forfeited  recognizances  collected
12    by  them,  provided however, that in proceedings to foreclose
13    the lien of delinquent real estate  taxes  State's  attorneys
14    shall  receive a fee, to be credited to the earnings of their
15    office, of 10% of the total amount realized from the sale  of
16    real  estate  sold  in  such proceedings.  Such fees shall be
17    paid from the total amount realized from the sale of the real
18    estate sold in such proceedings.
19        State's attorneys shall have a lien for their fees on all
20    judgments for fines or forfeitures procured by  them  and  on
21    moneys  except  revenue  received by them until such fees and
22    earnings are fully paid.
23        No fees shall be charged on more than 10  counts  in  any
24    one indictment or information on trial and conviction; nor on
25    more  than  10  counts  against any one defendant on pleas of
26    guilty.
27        The Circuit Court may direct that of all monies received,
28    by restitution or otherwise, which monies are ordered paid to
29    the Department of Public  Aid  or  the  Department  of  Human
30    Services (acting as successor to the Department of Public Aid
31    under  the  Department  of  Human  Services  Act) as a direct
32    result of the efforts  of  the  State's  attorney  and  which
33    payments  arise from Civil or Criminal prosecutions involving
34    the Illinois Public  Aid  Code  or  the  Criminal  Code,  the
 
                            -4-                LRB9205117MWdv
 1    following  amounts  shall be paid quarterly by the Department
 2    of Public Aid or the Department  of  Human  Services  to  the
 3    General Corporate Fund of the County in which the prosecution
 4    or cause of action took place:
 5             (1)  where  the  monies  result  from  child support
 6        obligations, not more than 25% of the  federal  share  of
 7        the monies received,
 8             (2)  where  the  monies result from other than child
 9        support obligations, not more than  25%  of  the  State's
10        share of the monies received.
11        (b)  A   municipality   shall   be   entitled  to  a  $10
12    prosecution fee for each conviction for a  violation  of  The
13    Illinois  Vehicle  Code  prosecuted by the municipal attorney
14    pursuant to Section 16-102 of that Code which is tried before
15    a circuit or associate judge and shall be entitled to  a  $10
16    prosecution  fee  for  each  conviction  for a violation of a
17    municipal   vehicle   ordinance   or   nontraffic   ordinance
18    prosecuted by the municipal attorney which is tried before  a
19    circuit or associate judge.  Such fee shall be taxed as costs
20    to  be  collected  from  the  defendant,  if  possible,  upon
21    conviction.   A  municipality  shall  have  a  lien  for such
22    prosecution fees on all judgments or fines  procured  by  the
23    municipal  attorney  from  prosecutions for violations of The
24    Illinois Vehicle Code and  municipal  vehicle  ordinances  or
25    nontraffic ordinances.
26        For  the  purposes  of  this  subsection  (b), "municipal
27    vehicle ordinance" means any ordinance  enacted  pursuant  to
28    Sections  11-40-1,  11-40-2,  11-40-2a  and  11-40-3  of  the
29    Illinois  Municipal  Code  or  any  ordinance  enacted  by  a
30    municipality which is similar to a provision of Chapter 11 of
31    The Illinois Vehicle Code.
32    (Source: P.A. 88-572, eff. 8-11-94; 89-507, eff. 7-1-97.)

33        (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
 
                            -5-                LRB9205117MWdv
 1        Sec.  4-2002.1.  State's  attorney  fees  in  counties of
 2    800,000 3,000,000 or more population.  This  Section  applies
 3    only to counties with 800,000 3,000,000 or more inhabitants.
 4        (a)  State's attorneys shall be entitled to the following
 5    fees:
 6        For  each  conviction  in prosecutions on indictments for
 7    first  degree  murder,  second  degree  murder,   involuntary
 8    manslaughter,  criminal  sexual  assault, aggravated criminal
 9    sexual assault, aggravated criminal sexual abuse, kidnapping,
10    arson and  forgery,  $60.   All  other  cases  punishable  by
11    imprisonment in the penitentiary, $60.
12        For each conviction in other cases tried before judges of
13    the circuit court, $30; except that if the conviction is in a
14    case  which may be assigned to an associate judge, whether or
15    not it is in fact assigned to an  associate  judge,  the  fee
16    shall be $20.
17        For  preliminary  examinations for each defendant held to
18    bail or recognizance, $20.
19        For each examination of a party bound over  to  keep  the
20    peace, $20.
21        For each defendant held to answer in a circuit court on a
22    charge of paternity, $20.
23        For each trial on a charge of paternity, $60.
24        For each case of appeal taken from his county or from the
25    county  to  which a change of venue is taken to his county to
26    the Supreme or Appellate Court when prosecuted or defended by
27    him, $100.
28        For each day actually employed in the trial  of  a  case,
29    $50;  in  which  case the court before whom the case is tried
30    shall make an order specifying the number of days for which a
31    per diem shall be allowed.
32        For each day actually employed in the trial of  cases  of
33    felony  arising  in  their  respective  counties and taken by
34    change of venue to another county, $50; and the court  before
 
                            -6-                LRB9205117MWdv
 1    whom  the  case  is  tried shall make an order specifying the
 2    number of days for which said per diem shall be allowed;  and
 3    it  is  hereby  made  the  duty  of  each State's attorney to
 4    prepare and try each case of felony arising when so taken  by
 5    change of venue.
 6        For  assisting  in  a trial of each case on an indictment
 7    for felony brought by change of  venue  to  their  respective
 8    counties,  the  same  fees  they would be entitled to if such
 9    indictment had been found for an  offense  committed  in  his
10    county,  and  it shall be the duty of the State's attorney of
11    the county to which such cause is taken by change of venue to
12    assist in the trial thereof.
13        For  each  case  of  forfeited  recognizance  where   the
14    forfeiture  is  set  aside at the instance of the defense, in
15    addition to the ordinary costs, $20 for each defendant.
16        For each proceeding in a circuit court  to  inquire  into
17    the  alleged  mental  illness  of  any  person,  $20 for each
18    defendant.
19        For each proceeding in a circuit court  to  inquire  into
20    the alleged dependency or delinquency of any child, $20.
21        For  each  day actually employed in the hearing of a case
22    of habeas corpus in which the people are interested, $50.
23        All the foregoing fees shall be  taxed  as  costs  to  be
24    collected  from  the defendant, if possible, upon conviction.
25    But in cases of inquiry into the mental illness of any person
26    alleged to be mentally ill, in cases on a charge of paternity
27    and in cases of appeal in the  Supreme  or  Appellate  Court,
28    where  judgment  is in favor of the accused, the fees allowed
29    the State's attorney therein shall be  retained  out  of  the
30    fines and forfeitures collected by them in other cases.
31        Ten  per  cent of all moneys except revenue, collected by
32    them and paid over to the authorities entitled thereto, which
33    per cent together with the fees provided for herein that  are
34    not  collected  from  the parties tried or examined, shall be
 
                            -7-                LRB9205117MWdv
 1    paid out of any fines and forfeited  recognizances  collected
 2    by  them,  provided however, that in proceedings to foreclose
 3    the lien of delinquent real estate  taxes  State's  attorneys
 4    shall  receive a fee, to be credited to the earnings of their
 5    office, of 10% of the total amount realized from the sale  of
 6    real estate sold in such proceedings. Such fees shall be paid
 7    from  the  total  amount  realized  from the sale of the real
 8    estate sold in such proceedings.
 9        State's attorneys shall have a lien for their fees on all
10    judgments for fines or forfeitures procured by  them  and  on
11    moneys  except  revenue  received by them until such fees and
12    earnings are fully paid.
13        No fees shall be charged on more than 10  counts  in  any
14    one indictment or information on trial and conviction; nor on
15    more  than  10  counts  against any one defendant on pleas of
16    guilty.
17        The Circuit Court may direct that of all monies received,
18    by restitution or otherwise, which monies are ordered paid to
19    the Department of Public  Aid  or  the  Department  of  Human
20    Services (acting as successor to the Department of Public Aid
21    under  the  Department  of  Human  Services  Act) as a direct
22    result of the efforts  of  the  State's  attorney  and  which
23    payments  arise from Civil or Criminal prosecutions involving
24    the Illinois Public  Aid  Code  or  the  Criminal  Code,  the
25    following  amounts  shall be paid quarterly by the Department
26    of Public Aid or the Department  of  Human  Services  to  the
27    General Corporate Fund of the County in which the prosecution
28    or cause of action took place:
29             (1)  where  the  monies  result  from  child support
30        obligations, not less than 25% of the  federal  share  of
31        the monies received,
32             (2)  where  the  monies result from other than child
33        support obligations, not less than  25%  of  the  State's
34        share of the monies received.
 
                            -8-                LRB9205117MWdv
 1        (b)  A   municipality   shall   be   entitled  to  a  $10
 2    prosecution fee for each conviction for a  violation  of  the
 3    Illinois  Vehicle  Code  prosecuted by the municipal attorney
 4    pursuant to Section 16-102 of that Code which is tried before
 5    a circuit or associate judge and shall be entitled to  a  $10
 6    prosecution  fee  for  each  conviction  for a violation of a
 7    municipal  vehicle  ordinance  prosecuted  by  the  municipal
 8    attorney which is tried before a circuit or associate  judge.
 9    Such  fee  shall  be  taxed as costs to be collected from the
10    defendant, if  possible,  upon  conviction.   A  municipality
11    shall  have a lien for such prosecution fees on all judgments
12    or fines procured by the municipal attorney from prosecutions
13    for violations of the Illinois  Vehicle  Code  and  municipal
14    vehicle ordinances.
15        For  the  purposes  of  this  subsection  (b), "municipal
16    vehicle ordinance" means any ordinance  enacted  pursuant  to
17    Sections  11-40-1,  11-40-2,  11-40-2a  and  11-40-3  of  the
18    Illinois  Municipal  Code  or  any  ordinance  enacted  by  a
19    municipality which is similar to a provision of Chapter 11 of
20    the Illinois Vehicle Code.
21    (Source: P.A. 89-507, eff. 7-1-97.)

22        Section  99.   Effective  date.  This Act takes effect on
23    July 1, 2001.

[ Top ]