Bill Amendment: IL SB0583 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: FOIA-CLERK OF COURT
Status: 2021-08-13 - Public Act . . . . . . . . . 102-0356 [SB0583 Detail]
Download: Illinois-2021-SB0583-House_Amendment_001.html
Bill Title: FOIA-CLERK OF COURT
Status: 2021-08-13 - Public Act . . . . . . . . . 102-0356 [SB0583 Detail]
Download: Illinois-2021-SB0583-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 583
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2 | AMENDMENT NO. ______. Amend Senate Bill 583 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Local Records Act is amended by changing | ||||||
5 | Section 3a as follows:
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6 | (50 ILCS 205/3a) (from Ch. 116, par. 43.103a)
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7 | Sec. 3a. Reports and records of the obligation, receipt , | ||||||
8 | and use of
public funds
of the Clerk of the Circuit Court of | ||||||
9 | Cook County, units of local government , and school districts, | ||||||
10 | including certified
audits, management letters and other audit | ||||||
11 | reports made by the Auditor General,
County Auditors, other | ||||||
12 | officers or by licensed Certified Public Accountants permitted | ||||||
13 | to perform audits under the Illinois Public Accounting Act
and | ||||||
14 | presented to the corporate authorities or boards of the units | ||||||
15 | of local
government, are public records
available for | ||||||
16 | inspection by the public. These records shall be kept at the
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1 | official place of business of the Clerk of the Circuit Court of | ||||||
2 | Cook County and each unit of local government and school
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3 | district or at a designated place of business of the unit or | ||||||
4 | district.
These records shall be available for public | ||||||
5 | inspection during regular
office hours except when in | ||||||
6 | immediate use by persons exercising official
duties which | ||||||
7 | require the use of those records. The person in charge of such
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8 | records may require a notice in writing to be submitted 24 | ||||||
9 | hours prior to
inspection and may require that such notice | ||||||
10 | specify which records are to be
inspected. Nothing in this | ||||||
11 | Section shall require units of local
government
and school | ||||||
12 | districts to invade or assist in the invasion of any person's
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13 | right to privacy.
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14 | (Source: P.A. 94-465, eff. 8-4-05.)
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15 | Section 10. The Clerks of Courts Act is amended by | ||||||
16 | changing Section 27.3b as follows:
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17 | (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
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18 | (Text of Section before amendment by P.A. 101-652 )
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19 | Sec. 27.3b. The clerk of court may accept payment of | ||||||
20 | fines, penalties,
or costs
by certified check, credit card ,
or | ||||||
21 | debit card
approved by the clerk from an offender who has been
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22 | convicted of or placed on court supervision for a traffic
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23 | offense, petty offense, ordinance offense, or misdemeanor or | ||||||
24 | who has been
convicted of a felony offense. The clerk of the |
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1 | circuit court shall may accept
credit card payments over the | ||||||
2 | Internet for fines, penalties, court costs, or costs from
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3 | offenders on voluntary electronic pleas of guilty in minor | ||||||
4 | traffic and
conservation offenses to satisfy the requirement | ||||||
5 | of written pleas of guilty as
provided in Illinois Supreme | ||||||
6 | Court Rule 529. The clerk of the court may also
accept
payment | ||||||
7 | of statutory fees by a credit card or debit card.
The clerk of | ||||||
8 | the court may
also accept the credit card
or debit card
for the | ||||||
9 | cash deposit of bail bond fees.
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10 | The clerk of the circuit court is authorized to enter into | ||||||
11 | contracts
with credit card
or debit card
companies approved by | ||||||
12 | the clerk and to negotiate the payment of convenience
and | ||||||
13 | administrative fees normally charged by those companies for | ||||||
14 | allowing the clerk of the circuit
court to accept their credit | ||||||
15 | cards
or debit cards
in payment as authorized herein. The | ||||||
16 | clerk of the circuit court is authorized
to enter into | ||||||
17 | contracts with third party fund guarantors, facilitators, and
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18 | service providers under which those entities may contract | ||||||
19 | directly with
customers of
the clerk of the circuit court and | ||||||
20 | guarantee and remit the payments to the
clerk of the circuit | ||||||
21 | court. Where the
offender pays fines, penalties, or costs by | ||||||
22 | credit card or debit card or through a third party fund | ||||||
23 | guarantor, facilitator, or service
provider,
or anyone paying
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24 | statutory fees of
the circuit court clerk or the posting of | ||||||
25 | cash bail, the clerk shall
collect a service fee of up to $5 or | ||||||
26 | the amount charged to the clerk for use of
its services by
the |
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1 | credit card or debit card issuer, third party fund guarantor,
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2 | facilitator, or service provider. This service fee shall be
in | ||||||
3 | addition to any other fines, penalties, or
costs. The clerk of | ||||||
4 | the circuit court is authorized to negotiate the
assessment of | ||||||
5 | convenience and administrative fees by the third party fund
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6 | guarantors, facilitators, and service providers with the | ||||||
7 | revenue earned by the
clerk of the circuit court to be remitted
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8 | to the
county general revenue fund.
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9 | As used in this Section, "certified check" has the meaning
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10 | provided in Section 3-409 of the Uniform Commercial Code. | ||||||
11 | (Source: P.A. 95-331, eff. 8-21-07.)
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12 | (Text of Section after amendment by P.A. 101-652 )
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13 | Sec. 27.3b. The clerk of court may accept payment of | ||||||
14 | fines, penalties,
or costs
by certified check, credit card ,
or | ||||||
15 | debit card
approved by the clerk from an offender who has been
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16 | convicted of or placed on court supervision for a traffic
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17 | offense, petty offense, ordinance offense, or misdemeanor or | ||||||
18 | who has been
convicted of a felony offense. The clerk of the | ||||||
19 | circuit court shall may accept
credit card payments over the | ||||||
20 | Internet for fines, penalties, court costs, or costs from
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21 | offenders on voluntary electronic pleas of guilty in minor | ||||||
22 | traffic and
conservation offenses to satisfy the requirement | ||||||
23 | of written pleas of guilty as
provided in Illinois Supreme | ||||||
24 | Court Rule 529. The clerk of the court may also
accept
payment | ||||||
25 | of statutory fees by a credit card or debit card.
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1 | The clerk of the circuit court is authorized to enter into | ||||||
2 | contracts
with credit card
or debit card
companies approved by | ||||||
3 | the clerk and to negotiate the payment of convenience
and | ||||||
4 | administrative fees normally charged by those companies for | ||||||
5 | allowing the clerk of the circuit
court to accept their credit | ||||||
6 | cards
or debit cards
in payment as authorized herein. The | ||||||
7 | clerk of the circuit court is authorized
to enter into | ||||||
8 | contracts with third party fund guarantors, facilitators, and
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9 | service providers under which those entities may contract | ||||||
10 | directly with
customers of
the clerk of the circuit court and | ||||||
11 | guarantee and remit the payments to the
clerk of the circuit | ||||||
12 | court. Where the
offender pays fines, penalties, or costs by | ||||||
13 | credit card or debit card or through a third party fund | ||||||
14 | guarantor, facilitator, or service
provider,
or anyone paying
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15 | statutory fees of
the circuit court clerk, the clerk shall
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16 | collect a service fee of up to $5 or the amount charged to the | ||||||
17 | clerk for use of
its services by
the credit card or debit card | ||||||
18 | issuer, third party fund guarantor,
facilitator, or service | ||||||
19 | provider. This service fee shall be
in addition to any other | ||||||
20 | fines, penalties, or
costs. The clerk of the circuit court is | ||||||
21 | authorized to negotiate the
assessment of convenience and | ||||||
22 | administrative fees by the third party fund
guarantors, | ||||||
23 | facilitators, and service providers with the revenue earned by | ||||||
24 | the
clerk of the circuit court to be remitted
to the
county | ||||||
25 | general revenue fund.
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26 | As used in this Section, "certified check" has the meaning
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1 | provided in Section 3-409 of the Uniform Commercial Code. | ||||||
2 | (Source: P.A. 101-652, eff. 1-1-23.)
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3 | Section 15. The Criminal and Traffic Assessment Act is | ||||||
4 | amended by changing Section 5-20 as follows:
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5 | (705 ILCS 135/5-20)
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6 | (Section scheduled to be repealed on January 1, 2022) | ||||||
7 | Sec. 5-20. Credit; time served; community service.
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8 | (a) Any credit for time served prior to sentencing that | ||||||
9 | reduces the amount a defendant is required to pay shall be | ||||||
10 | deducted from the fine, if any, ordered by the court. | ||||||
11 | (b) Excluding any ordered conditional assessment, a | ||||||
12 | defendant who has been ordered to pay an assessment may | ||||||
13 | petition
the court to convert all or part of the assessment | ||||||
14 | into court-approved
public or community service. One hour of | ||||||
15 | public or community service shall
be equivalent to $10 $4 of | ||||||
16 | assessment. The performance of this public or
community | ||||||
17 | service shall be a condition of probation, conditional
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18 | discharge, or supervision and shall be in addition to the | ||||||
19 | performance of any
other period of public or community service | ||||||
20 | ordered by the court or required
by law.
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21 | (Source: P.A. 100-987, eff. 7-1-19; 101-408, eff. 1-1-20 .)
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22 | Section 95. No acceleration or delay. Where this Act makes | ||||||
23 | changes in a statute that is represented in this Act by text |
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1 | that is not yet or no longer in effect (for example, a Section | ||||||
2 | represented by multiple versions), the use of that text does | ||||||
3 | not accelerate or delay the taking effect of (i) the changes | ||||||
4 | made by this Act or (ii) provisions derived from any other | ||||||
5 | Public Act.".
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