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| Public Act 097-0331 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section | ||||
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 | ||||
3,000,000
population. This Section applies only to counties | ||||
with fewer than
3,000,000 inhabitants.
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(a) State's attorneys shall be entitled to the following | ||||
fees, however, the
fee requirement of this subsection does not | ||||
apply to county boards:
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For each conviction in prosecutions on indictments for | ||||
first degree murder,
second degree murder, involuntary | ||||
manslaughter, criminal sexual assault,
aggravated criminal | ||||
sexual assault, aggravated criminal sexual abuse,
kidnapping, | ||||
arson and forgery, $30. All other cases punishable by | ||||
imprisonment
in the penitentiary, $30.
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For each conviction in other cases tried before judges of | ||||
the circuit
court, $15; except that if the conviction is in a | ||||
case which may be
assigned to an associate judge, whether or | ||||
not it is in fact assigned to
an associate judge, the fee shall | ||||
be $10.
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For preliminary examinations for each defendant held to | ||
bail or
recognizance, $10.
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For each examination of a party bound over to keep the | ||
peace, $10.
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For each defendant held to answer in a circuit court on a | ||
charge of
paternity, $10.
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For each trial on a charge of paternity, $30.
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For each case of appeal taken from his county or from the | ||
county to
which a change of venue is taken to his county to the | ||
Supreme or
Appellate Court when prosecuted or defended by him, | ||
$50.
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For each day actually employed in the trial of a case, $25; | ||
in which
case the court before whom the case is tried shall | ||
make an order
specifying the number of days for which a per | ||
diem shall be allowed.
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For each day actually employed in the trial of cases of | ||
felony
arising in their respective counties and taken by change | ||
of venue to
another county, $25; and the court before whom the | ||
case is tried shall
make an order specifying the number of days | ||
for which said per diem
shall be allowed; and it is hereby made | ||
the duty of each State's
attorney to prepare and try each 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 | ||
felony
brought by change of venue to their respective counties, | ||
the same fees
they would be entitled to if such indictment had | ||
been found for an
offense committed in his county, and it shall | ||
be the duty of the
State's attorney of the county to which such | ||
cause is taken by
change of venue to assist in the trial | ||
thereof.
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For each case of forfeited recognizance where the | ||
forfeiture is set
aside at the instance of the defense, in | ||
addition to the ordinary costs,
$10 for each defendant.
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For each proceeding in a circuit court to inquire into the | ||
alleged
mental illness of any person, $10 for each defendant.
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For each proceeding in a circuit court to inquire into the | ||
alleged
dependency or delinquency of any child, $10.
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For each day actually employed in the hearing of a case of | ||
habeas
corpus in which the people are interested, $25.
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For each violation of the Criminal Code of 1961 and the | ||
Illinois Vehicle Code in which a defendant has entered a plea | ||
of guilty or a defendant has stipulated to the facts supporting | ||
the charge or a finding of guilt and the court has entered an | ||
order of supervision, $10.
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All the foregoing fees shall be taxed as costs to be | ||
collected from
the defendant, if possible, upon conviction. But | ||
in cases of inquiry
into the mental illness of any person | ||
alleged to be mentally ill, in
cases on a charge of paternity | ||
and in cases of appeal in the Supreme or
Appellate Court, where | ||
judgment is in favor of the accused, the fees
allowed the | ||
State's attorney therein shall be retained out of the fines
and | ||
forfeitures collected by them in other cases.
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Ten per cent of all moneys except revenue, collected by | ||
them and paid
over to the authorities entitled thereto, which | ||
per cent together with
the fees provided for herein that are | ||
not collected from the parties
tried or examined, shall be paid | ||
out of any fines and forfeited
recognizances collected by them, | ||
provided however, that in proceedings
to foreclose the lien of | ||
delinquent real estate taxes State's attorneys
shall receive a | ||
fee, to be credited to the earnings of their office, of 10%
of | ||
the total amount realized from the sale of real estate sold in | ||
such
proceedings. Such fees shall be paid from the total amount | ||
realized from
the sale of the real estate sold in such | ||
proceedings.
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State's attorneys shall have a lien for their fees on all | ||
judgments
for fines or forfeitures procured by them and on | ||
moneys except revenue
received by them until such fees and | ||
earnings are fully paid.
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No fees shall be charged on more than 10 counts in any one | ||
indictment
or information on trial and conviction; nor on more | ||
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, | ||
by
restitution or otherwise, which monies are ordered paid to | ||
the
Department of Healthcare and Family Services (formerly | ||
Department of Public Aid) or the Department of Human Services | ||
(acting as
successor to the Department of Public Aid under the | ||
Department of Human
Services Act) as a direct result of the | ||
efforts
of the
State's attorney and which payments arise from | ||
Civil or Criminal
prosecutions involving the Illinois Public | ||
Aid Code or the Criminal Code,
the
following amounts shall be | ||
paid quarterly by the Department of Healthcare and Family | ||
Services or the Department of Human Services to the General | ||
Corporate Fund of
the County in which the prosecution
or cause | ||
of action took place:
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(1) where the monies result from child support | ||
obligations, not
more than 25% of the federal share of the | ||
monies received,
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(2) where the monies result from other than child | ||
support
obligations, not more than 25% of the State's share | ||
of the monies received.
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In addition to any other amounts to which State's Attorneys | ||
are entitled under this Section, State's Attorneys are entitled | ||
to $10 of the fine that is imposed under Section 5-9-1.17 of | ||
the Unified Code of Corrections, as set forth in that Section. | ||
(b) A municipality shall be entitled to a $25 prosecution | ||
fee for each
conviction for a violation of the Illinois Vehicle | ||
Code prosecuted by the
municipal attorney pursuant to Section | ||
16-102 of that Code which results in a finding of guilt is | ||
tried
before a circuit or associate judge or in which a | ||
defendant has stipulated to the facts supporting the charge or | ||
a finding of guilt and the court has entered an order of | ||
supervision and shall be entitled to a $25
prosecution fee for | ||
each conviction for a violation of a municipal vehicle
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ordinance or nontraffic ordinance which results in a finding of | ||
guilt prosecuted by the municipal attorney
which is tried | ||
before a circuit or associate judge or in which a defendant has | ||
stipulated to the facts supporting the charge or a finding of | ||
guilt and the court has entered an order of supervision. Such | ||
fee shall be taxed as
costs to be collected from the defendant, | ||
if possible, upon disposition of the case conviction. A
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municipality shall have a lien for such prosecution fees on all | ||
judgments or
fines procured by the municipal attorney from | ||
prosecutions for violations of
the Illinois Vehicle Code and | ||
municipal vehicle ordinances or nontraffic
ordinances.
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For the purposes of this subsection (b), "municipal vehicle | ||
ordinance"
means any ordinance enacted pursuant to Sections | ||
11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois | ||
Municipal Code or any ordinance enacted by a
municipality which | ||
is similar to a provision of Chapter 11 of the Illinois
Vehicle | ||
Code.
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(Source: P.A. 95-331, eff. 8-21-07; 95-385, eff. 1-1-08; | ||
96-707, eff. 1-1-10; 96-1186, eff. 7-22-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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