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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4534 Introduced , by Rep. Lou Lang SYNOPSIS AS INTRODUCED:
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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.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Clerks of Courts Act is amended by changing |
| 5 | | Section 27.3a as follows:
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| 6 | | (705 ILCS 105/27.3a)
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| 7 | | (Text of Section after amendment by P.A. 98-606)
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| 8 | | Sec. 27.3a. Fees for automated record keeping, probation |
| 9 | | and court services operations, and State and Conservation |
| 10 | | Police operations.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.)
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| 19 | | Section 99. Effective date. This Act takes effect June 1, |
| 20 | | 2014.
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