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Public Act 098-0331
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| HB2690 Enrolled | LRB098 07041 OMW 37100 b |
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AN ACT concerning 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 |
5-1101 as follows:
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(55 ILCS 5/5-1101) (from Ch. 34, par. 5-1101)
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Sec. 5-1101. Additional fees to finance court system.
A |
county board may enact by ordinance or resolution the following |
fees:
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(a) A $5 fee to be paid by the defendant on a judgment of |
guilty or a grant
of supervision for violation of the Illinois |
Vehicle Code other than Section
11-501 or violations of similar |
provisions contained in county or municipal
ordinances |
committed in the county, and up to a $30 fee to be paid by the
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defendant on a judgment of guilty or a grant of supervision for |
violation of
Section 11-501 of the Illinois Vehicle Code or a |
violation of a similar
provision contained in county or |
municipal ordinances committed in the county.
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(b) In the case of a county having a population of |
1,000,000 or less,
a $5 fee to be collected in all civil cases |
by the clerk of the circuit court.
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(c) A fee to be paid by the defendant on a judgment of |
guilty or a grant of
supervision, as follows:
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(1) for a felony, $50;
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(2) for a class A misdemeanor, $25;
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(3) for a class B or class C misdemeanor, $15;
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(4) for a petty offense, $10;
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(5) for a business offense, $10.
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(d) A $100 fee for the second and subsequent violations of |
Section
11-501 of the Illinois Vehicle Code or violations of |
similar provisions
contained in county or municipal ordinances |
committed in the county. The
proceeds of this fee shall be |
placed in the county general fund and used to
finance education |
programs related to driving under the influence of alcohol or
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drugs.
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(d-5) A $10 fee to be paid by the defendant on a judgment |
of guilty or a grant of supervision under Section 5-9-1 of the |
Unified Code of Corrections to be placed in the county general |
fund and used to finance the county mental health court, the |
county drug court, the Veterans and Servicemembers Court, or |
any or all of the above. |
(e) In each county in which a teen court, peer court, peer |
jury, youth
court, or
other
youth diversion program has been |
created, a county may adopt a mandatory fee
of up to $5 to be |
assessed as provided in this subsection. Assessments
collected
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by the clerk of the circuit court pursuant to this subsection |
must be deposited
into an
account specifically for the |
operation and administration of a teen court, peer
court, peer |
jury, youth court, or other youth diversion program. The clerk |
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of
the
circuit court shall collect the fees established in this |
subsection and must
remit the
fees to the teen court, peer |
court, peer jury, youth court, or other youth
diversion
program |
monthly, less 5%, which is to be retained as fee income to the |
office
of
the clerk of the circuit court. The fees are to be |
paid as follows:
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(1) a fee of up to $5 paid by the defendant on a |
judgment of guilty or
grant of supervision for violation of |
the Illinois Vehicle Code or violations
of similar |
provisions contained in county or municipal ordinances |
committed in
the
county;
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(2) a fee of up to $5 paid by the defendant on a |
judgment of guilty or
grant of supervision under Section |
5-9-1 of the Unified Code of Corrections for
a
felony; for |
a Class A, Class B, or Class C misdemeanor; for a petty |
offense;
and
for a business offense.
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(f) In each county in which a drug court has been created, |
the county may adopt a mandatory fee of up to $5 to be assessed |
as provided in this subsection. Assessments collected by the |
clerk of the circuit court pursuant to this subsection must be |
deposited into an account specifically for the operation and |
administration of the drug court. The clerk of the circuit |
court shall collect the fees established in this subsection and |
must remit the fees to the drug court, less 5%, which is to be |
retained as fee income to the office of the clerk of the |
circuit court. The fees are to be paid as follows: |
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(1) a fee of up to $5 paid by the defendant on a |
judgment of guilty or grant of supervision for a violation |
of the Illinois Vehicle Code or a violation of a similar |
provision contained in a county or municipal ordinance |
committed in the county; or |
(2) a fee of up to $5 paid by the defendant on a |
judgment of guilty or a grant of supervision under Section |
5-9-1 of the Unified Code of Corrections for a felony; for |
a Class A, Class B, or Class C misdemeanor; for a petty |
offense; and for a business offense. |
The clerk of the circuit court shall deposit the 5% |
retained under this subsection into the Circuit Court Clerk |
Operation and Administrative Fund to be used to defray the |
costs of collection and disbursement of the drug court fee. |
(f-5) In each county in which a Children's Advocacy Center |
provides services, the county board may adopt a mandatory fee |
of between $5 and $30 to be paid by the defendant on a judgment |
of guilty or a grant of supervision under Section 5-9-1 of the |
Unified Code of Corrections for a felony; for a Class A, Class |
B, or Class C misdemeanor; for a petty offense; and for a |
business offense. Assessments shall be collected by the clerk |
of the circuit court and must be deposited into an account |
specifically for the operation and administration of the |
Children's Advocacy Center. The clerk of the circuit court |
shall collect the fees as provided in this subsection, and must |
remit the fees to the Children's Advocacy Center.
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(f-10) In each county in which the Court Appointed Special |
Advocates provide services, the county board may, in addition |
to any fine imposed under Section 5-9-1 of the Unified Code of |
Corrections, adopt a mandatory fee of between $10 and $30 to be |
paid by the defendant on a judgment of guilty or a grant of |
supervision for a felony; for a Class A, Class B, or Class C |
misdemeanor; for a petty offense; and for a business offense; |
where a court appearance is required. Assessments shall be |
collected by the clerk of the circuit court and must be |
deposited into an account specifically for the operations of |
the Court Appointed Special Advocates. The clerk of the circuit |
court shall collect the fees as provided in this subsection and |
must remit the fees to the Court Appointed Special Advocates |
Fund that the county board shall create for the receipt of |
funds collected under this subsection, and from which the |
county board shall make grants to support the activities and |
services of the Court Appointed Special Advocates within that |
county. The term "Court Appointed Special Advocates" is |
copyrighted and is used with permission of the holder of the |
copyright. |
(g) The proceeds of all fees enacted under this Section |
must, except as
provided in subsections (d), (d-5),
(e), and |
(f), and (f-10) be placed
in the
county general fund and used |
to
finance the court system in the county, unless the fee is |
subject to
disbursement by the circuit clerk as provided under |
Section 27.5 of the Clerks
of Courts Act.
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