State of Illinois
Public Acts
92^nd General Assembly

Public Act 92-0653

SB2074 Enrolled                                LRB9213766RCdv

    AN ACT in relation to criminal law.

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

    Section  5.   The  Code  of Criminal Procedure of 1963 is
amended by changing Section 124A-10 as follows:

    (725 ILCS 5/124A-10)
    Sec. 124A-10.  Lien. The property, real and personal,  of
a person who is convicted of an offense shall be bound, and a
lien  is  created on the property, both real and personal, of
every offender, not exempt from the enforcement of a judgment
or attachment, from the time of  finding  the  indictment  at
least  so far as will be sufficient to pay the fine and costs
of  prosecution.  The  clerk  of  the  court  in  which   the
conviction  is had shall upon the expiration of 30 days after
judgment is entered issue a certified copy  of  the  judgment
for any fine that remains unpaid, and all costs of conviction
remaining  unpaid. Unless a court ordered payment schedule is
implemented, the clerk of the court may add to any judgment a
delinquency amount equal to 5% of the  unpaid  fines,  costs,
fees,  and penalties that remain unpaid after 30 days, 10% of
the unpaid fines, costs,  fees,  and  penalties  that  remain
unpaid  after  60  days,  and 15% of the unpaid fines, costs,
fees, and penalties that remain unpaid after 90 days.  Notice
to  those  parties affected may be made by signage posting or
publication.  The clerk of the court may also after a  period
of  90 days release to credit reporting agencies, information
regarding unpaid amounts. The additional delinquency  amounts
collected   under  this  Section  shall  be  used  to  defray
additional administrative costs incurred by the clerk of  the
court in collecting unpaid fines, costs, fees, and penalties.
The  certified  copy  of  the judgment shall state the day on
which the arrest was made or indictment found,  as  the  case
may  be.  Enforcement  of the judgment may be directed to the
proper officer of any county in this State.  The  officer  to
whom  the  certified  copy of the judgment is delivered shall
levy the judgment upon all the estate, real and personal,  of
the  defendant (not exempt from enforcement) possessed by him
or her on the day of the arrest or finding the indictment, as
stated in the certified copy of the  judgment  and  any  such
property  subsequently  acquired;  and the property so levied
upon shall be advertised and sold in the same  manner  as  in
civil  cases, with the like rights to all parties that may be
interested in the property. It is not  an  objection  to  the
selling of any property under the judgment that the defendant
is in custody for the fine or costs, or both.
(Source: P.A. 89-234, eff. 1-1-96.)
    Passed in the General Assembly April 25, 2002.
    Approved July 11, 2002.
    Effective January 01, 2003.