98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB4534

Introduced , by Rep. Lou Lang

SYNOPSIS AS INTRODUCED:

705 ILCS 105/27.3a

Amends the Clerks of Courts Act. Provides that a fee imposed upon certain defendants shall equal the fee collected to defray expenses related to an automated record keeping system, but shall not be more than $15. Effective June 1, 2014.

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A BILL FOR

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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 Clerks of Courts Act is amended by changing

5 Section 27.3a as follows:

6 (705 ILCS 105/27.3a)

7 (Text of Section after amendment by P.A. 98-606)

8 Sec. 27.3a. Fees for automated record keeping, probation

9 and court services operations, and State and Conservation

10 Police operations.

11 1. The expense of establishing and maintaining automated

12 record keeping systems in the offices of the clerks of the

13 circuit court shall be borne by the county. To defray such

14 expense in any county having established such an automated

15 system or which elects to establish such a system, the county

16 board may require the clerk of the circuit court in their

17 county to charge and collect a court automation fee of not less

18 than $1 nor more than $25 to be charged and collected by the

19 clerk of the court. Such fee shall be paid at the time of

20 filing the first pleading, paper or other appearance filed by

21 each party in all civil cases or by the defendant in any

22 felony, traffic, misdemeanor, municipal ordinance, or

23 conservation case upon a judgment of guilty or grant of

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1 supervision, provided that the record keeping system which

2 processes the case category for which the fee is charged is

3 automated or has been approved for automation by the county

4 board, and provided further that no additional fee shall be

5 required if more than one party is presented in a single

6 pleading, paper or other appearance. Such fee shall be

7 collected in the manner in which all other fees or costs are

8 collected.

9 1.1. Starting on July 6, 2012 (the effective date of Public

10 Act 97-761) and pursuant to an administrative order from the

11 chief judge of the circuit or the presiding judge of the county

12 authorizing such collection, a clerk of the circuit court in

13 any county that imposes a fee pursuant to subsection 1 of this

14 Section shall also charge and collect an additional $10

15 operations fee for probation and court services department

16 operations.

17 This additional fee shall be paid by the defendant in any

18 felony, traffic, misdemeanor, local ordinance, or conservation

19 case upon a judgment of guilty or grant of supervision, except

20 such $10 operations fee shall not be charged and collected in

21 cases governed by Supreme Court Rule 529 in which the bail

22 amount is $120 or less.

23 1.2. With respect to the fee imposed and collected under

24 subsection 1.1 of this Section, each clerk shall transfer all

25 fees monthly to the county treasurer for deposit into the

26 probation and court services fund created under Section 15.1 of

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1 the Probation and Probation Officers Act, and such monies shall

2 be disbursed from the fund only at the direction of the chief

3 judge of the circuit or another judge designated by the Chief

4 Circuit Judge in accordance with the policies and guidelines

5 approved by the Supreme Court.

6 1.5. Starting on June 1, 2014 ~~the effective date of this~~

7 ~~amendatory Act of the 96th General Assembly~~, a clerk of the

8 circuit court in any county that imposes a fee pursuant to

9 subsection 1 of this Section, shall charge and collect an

10 additional fee in an amount equal to the amount of the fee

11 imposed pursuant to subsection 1 of this Section, except the

12 fee imposed under this subsection may not be ~~of not less than~~

13 ~~$1 nor~~ more than $15. This additional fee shall be paid by the

14 defendant in any felony, traffic, misdemeanor, or local

15 ordinance case upon a judgment of guilty or grant of

16 supervision. This fee shall not be paid by the defendant for

17 any violation listed in subsection 1.6 of this Section.

18 1.6. Starting on June 1, 2014 ~~July 1, 2012 (the effective~~

19 ~~date of Public Act 97-46)~~, a clerk of the circuit court in any

20 county that imposes a fee pursuant to subsection 1 of this

21 Section shall charge and collect an additional fee in an amount

22 equal to the amount of the fee imposed pursuant to subsection 1

23 of this Section, except the fee imposed under this subsection

24 may not be ~~of not less than $1 nor~~ more than $15. This

25 additional fee shall be paid by the defendant upon a judgment

26 of guilty or grant of supervision for a violation under the

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1 State Parks Act, the Recreational Trails of Illinois Act, the

2 Illinois Explosives Act, the Timber Buyers Licensing Act, the

3 Forest Products Transportation Act, the Firearm Owners

4 Identification Card Act, the Environmental Protection Act, the

5 Fish and Aquatic Life Code, the Wildlife Code, the Cave

6 Protection Act, the Illinois Exotic Weed Act, the Illinois

7 Forestry Development Act, the Ginseng Harvesting Act, the

8 Illinois Lake Management Program Act, the Illinois Natural

9 Areas Preservation Act, the Illinois Open Land Trust Act, the

10 Open Space Lands Acquisition and Development Act, the Illinois

11 Prescribed Burning Act, the State Forest Act, the Water Use Act

12 of 1983, the Illinois Veteran, Youth, and Young Adult

13 Conservation Jobs Act, the Snowmobile Registration and Safety

14 Act, the Boat Registration and Safety Act, the Illinois

15 Dangerous Animals Act, the Hunter and Fishermen Interference

16 Prohibition Act, the Wrongful Tree Cutting Act, or Section

17 11-1426.1, 11-1426.2, 11-1427, 11-1427.1, 11-1427.2,

18 11-1427.3, 11-1427.4, or 11-1427.5 of the Illinois Vehicle

19 Code, or Section 48-3 or 48-10 of the Criminal Code of 2012.

20 2. With respect to the fee imposed under subsection 1 of

21 this Section, each clerk shall commence such charges and

22 collections upon receipt of written notice from the chairman of

23 the county board together with a certified copy of the board's

24 resolution, which the clerk shall file of record in his office.

25 3. With respect to the fee imposed under subsection 1 of

26 this Section, such fees shall be in addition to all other fees

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1 and charges of such clerks, and assessable as costs, and may be

2 waived only if the judge specifically provides for the waiver

3 of the court automation fee. The fees shall be remitted monthly

4 by such clerk to the county treasurer, to be retained by him in

5 a special fund designated as the court automation fund. The

6 fund shall be audited by the county auditor, and the board

7 shall make expenditure from the fund in payment of any cost

8 related to the automation of court records, including hardware,

9 software, research and development costs and personnel related

10 thereto, provided that the expenditure is approved by the clerk

11 of the court and by the chief judge of the circuit court or his

12 designate.

13 4. With respect to the fee imposed under subsection 1 of

14 this Section, such fees shall not be charged in any matter

15 coming to any such clerk on change of venue, nor in any

16 proceeding to review the decision of any administrative

17 officer, agency or body.

18 5. With respect to the additional fee imposed under

19 subsection 1.5 of this Section, the fee shall be remitted by

20 the circuit clerk to the State Treasurer within one month after

21 receipt for deposit into the State Police Operations Assistance

22 Fund.

23 6. With respect to the additional fees imposed under

24 subsection 1.5 of this Section, the Director of State Police

25 may direct the use of these fees for homeland security purposes

26 by transferring these fees on a quarterly basis from the State

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1 Police Operations Assistance Fund into the Illinois Law

2 Enforcement Alarm Systems (ILEAS) Fund for homeland security

3 initiatives programs. The transferred fees shall be allocated,

4 subject to the approval of the ILEAS Executive Board, as

5 follows: (i) 66.6% shall be used for homeland security

6 initiatives and (ii) 33.3% shall be used for airborne

7 operations. The ILEAS Executive Board shall annually supply the

8 Director of State Police with a report of the use of these

9 fees.

10 7. With respect to the additional fee imposed under

11 subsection 1.6 of this Section, the fee shall be remitted by

12 the circuit clerk to the State Treasurer within one month after

13 receipt for deposit into the Conservation Police Operations

14 Assistance Fund.

15 (Source: P.A. 97-46, eff. 7-1-12; 97-453, eff. 8-19-11; 97-738,

16 eff. 7-5-12; 97-761, eff. 7-6-12; 97-813, eff. 7-13-12;

17 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-375, eff.

18 8-16-13; 98-606, eff. 6-1-14; revised 1-16-14.)

19 Section 99. Effective date. This Act takes effect June 1,

20 2014.