Bill Amendment: IL SB1463 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: MINORS-NO FEES OR FINES
Status: 2023-07-28 - Public Act . . . . . . . . . 103-0379 [SB1463 Detail]
Download: Illinois-2023-SB1463-House_Amendment_001.html
Bill Title: MINORS-NO FEES OR FINES
Status: 2023-07-28 - Public Act . . . . . . . . . 103-0379 [SB1463 Detail]
Download: Illinois-2023-SB1463-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1463
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2 | AMENDMENT NO. ______. Amend Senate Bill 1463 on page 2, | ||||||
3 | lines 11 through 13, by replacing " The court shall not order | ||||||
4 | any fees, fines, costs, or other applicable assessments | ||||||
5 | authorized under this Section against " with " Fines and | ||||||
6 | assessments, such as fees or administrative costs, authorized | ||||||
7 | under this Section shall not be ordered or imposed on "; and
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8 | on page 25, lines 7 through 9, by replacing " the court shall | ||||||
9 | not order any fees, fines, costs, or other applicable | ||||||
10 | assessments authorized under this Section against " with " fines | ||||||
11 | and assessments, such as fees or administrative costs, | ||||||
12 | authorized under this Section shall not be ordered or imposed | ||||||
13 | on "; and
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14 | on page 27, lines 5 through 7, by replacing " the court shall | ||||||
15 | not order any fees, fines, costs, or other applicable | ||||||
16 | assessments authorized under this Section against " with " fines |
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1 | and assessments, such as fees or administrative costs, | ||||||
2 | authorized under this Section shall not be ordered or imposed | ||||||
3 | on "; and
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4 | on page 28, lines 7 through 9, by replacing " the court shall | ||||||
5 | not order any fees, fines, costs, or other applicable | ||||||
6 | assessments authorized under this Section against " with " fines | ||||||
7 | and assessments, such as fees or administrative costs, | ||||||
8 | authorized under this Section shall not be ordered or imposed | ||||||
9 | on "; and
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10 | on page 29, lines 13 and 14, by replacing " the court shall not | ||||||
11 | order a fee or other cost under this subsection (c-3) against " | ||||||
12 | with " assessments, such as fees or administrative costs, under | ||||||
13 | this subsection (c-3) shall not be ordered or imposed on "; and
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14 | on page 30, lines 18 and 19, by replacing " the court shall not | ||||||
15 | order a fee or other cost under this subsection (c-5) against " | ||||||
16 | with " assessments, such as fees or administrative costs, under | ||||||
17 | this subsection (c-5) shall not be ordered or imposed on "; and
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18 | on page 32, lines 12 and 13, by replacing " the costs, fees, or | ||||||
19 | any other assessments referenced in this Section shall not | ||||||
20 | apply to " with " fines and assessments, such as fees or | ||||||
21 | administrative costs, authorized in this Section shall not be | ||||||
22 | ordered or imposed on "; and
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1 | on page 42, lines 19 and 20, by replacing " the fees, fines, or | ||||||
2 | other assessments under this Section shall not apply to " with | ||||||
3 | " fines and assessments, such as fees or administrative costs | ||||||
4 | authorized in this Section, shall not be ordered or imposed | ||||||
5 | on "; and
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6 | by replacing line 3 on page 43 through line 22 on page 45 with | ||||||
7 | the following:
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8 | "Section 20. The Juvenile Court Act of 1987 is amended by | ||||||
9 | changing Sections 1-8, 3-17, 3-19, 3-21, 3-24, 3-33.5, 4-14, | ||||||
10 | 4-16, 4-18, 4-21, 5-525, 5-610, 5-615, 5-710, 5-715, 5-915, | ||||||
11 | 6-7, and 6-9 and by adding Section 1-19 as follows:
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12 | (705 ILCS 405/1-8)
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13 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
14 | court records.
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15 | (A) A juvenile adjudication shall never be considered a | ||||||
16 | conviction nor shall an adjudicated individual be considered a | ||||||
17 | criminal. Unless expressly allowed by law, a juvenile | ||||||
18 | adjudication shall not operate to impose upon the individual | ||||||
19 | any of the civil disabilities ordinarily imposed by or | ||||||
20 | resulting from conviction. Unless expressly allowed by law, | ||||||
21 | adjudications shall not prejudice or disqualify the individual | ||||||
22 | in any civil service application or appointment, from holding |
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1 | public office, or from receiving any license granted by public | ||||||
2 | authority. All juvenile court records which have not been | ||||||
3 | expunged are sealed and may never be disclosed to the general | ||||||
4 | public or otherwise made widely available. Sealed juvenile | ||||||
5 | court records may be obtained only under this Section and | ||||||
6 | Section 1-7 and Part 9 of Article V of this Act, when their use | ||||||
7 | is needed for good cause and with an order from the juvenile | ||||||
8 | court. Inspection and copying of juvenile court records | ||||||
9 | relating to a minor
who is the subject of a proceeding under | ||||||
10 | this Act shall be restricted to the
following:
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11 | (1) The minor who is the subject of record, his or her | ||||||
12 | parents, guardian,
and counsel.
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13 | (2) Law enforcement officers and law enforcement | ||||||
14 | agencies when such
information is essential to executing | ||||||
15 | an arrest or search warrant or other
compulsory process, | ||||||
16 | or to conducting an ongoing investigation
or relating to a | ||||||
17 | minor who
has been adjudicated delinquent and there has | ||||||
18 | been a previous finding that
the act which constitutes the | ||||||
19 | previous offense was committed in furtherance
of criminal | ||||||
20 | activities by a criminal street gang.
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21 | Before July 1, 1994, for the purposes of this Section, | ||||||
22 | "criminal street
gang" means any ongoing
organization, | ||||||
23 | association, or group of 3 or more persons, whether formal | ||||||
24 | or
informal, having as one of its primary activities the | ||||||
25 | commission of one or
more criminal acts and that has a | ||||||
26 | common name or common identifying sign,
symbol or specific |
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1 | color apparel displayed, and whose members individually
or | ||||||
2 | collectively engage in or have engaged in a pattern of | ||||||
3 | criminal activity.
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4 | Beginning July 1, 1994, for purposes of this Section, | ||||||
5 | "criminal street
gang" has the meaning ascribed to it in | ||||||
6 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
7 | Prevention Act.
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8 | (3) Judges, hearing officers, prosecutors, public | ||||||
9 | defenders, probation officers, social
workers, or other
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10 | individuals assigned by the court to conduct a | ||||||
11 | pre-adjudication or pre-disposition
investigation, and | ||||||
12 | individuals responsible for supervising
or providing | ||||||
13 | temporary or permanent care and custody for minors under | ||||||
14 | the order of the juvenile court when essential to | ||||||
15 | performing their
responsibilities.
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16 | (4) Judges, federal, State, and local prosecutors, | ||||||
17 | public defenders, probation officers, and designated | ||||||
18 | staff:
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19 | (a) in the course of a trial when institution of | ||||||
20 | criminal proceedings
has been permitted or required | ||||||
21 | under Section 5-805;
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22 | (b) when criminal proceedings have been permitted
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23 | or
required under Section 5-805 and a minor is the | ||||||
24 | subject of a
proceeding to
determine the conditions of | ||||||
25 | pretrial release;
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26 | (c) when criminal proceedings have been permitted
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1 | or
required under Section 5-805 and a minor is the | ||||||
2 | subject of a
pre-trial
investigation, pre-sentence | ||||||
3 | investigation or fitness hearing, or
proceedings on an | ||||||
4 | application for probation; or
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5 | (d) when a minor becomes 18 years of age or older, | ||||||
6 | and is the subject
of criminal proceedings, including | ||||||
7 | a hearing to determine the conditions of pretrial | ||||||
8 | release, a pre-trial investigation, a pre-sentence | ||||||
9 | investigation, a fitness
hearing, or proceedings on an | ||||||
10 | application for probation.
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11 | (5) Adult and Juvenile Prisoner Review Boards.
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12 | (6) Authorized military personnel.
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13 | (6.5) Employees of the federal government authorized | ||||||
14 | by law. | ||||||
15 | (7) Victims, their subrogees and legal | ||||||
16 | representatives; however, such
persons shall have access | ||||||
17 | only to the name and address of the minor and
information | ||||||
18 | pertaining to the disposition or alternative adjustment | ||||||
19 | plan
of the juvenile court.
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20 | (8) Persons engaged in bona fide research, with the | ||||||
21 | permission of the
presiding judge of the juvenile court | ||||||
22 | and the chief executive of the agency
that prepared the | ||||||
23 | particular records; provided that publication of such
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24 | research results in no disclosure of a minor's identity | ||||||
25 | and protects the
confidentiality of the record.
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26 | (9) The Secretary of State to whom the Clerk of the |
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1 | Court shall report
the disposition of all cases, as | ||||||
2 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
3 | However, information reported relative to these offenses | ||||||
4 | shall
be privileged and available only to the Secretary of | ||||||
5 | State, courts, and police
officers.
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6 | (10) The administrator of a bonafide substance abuse | ||||||
7 | student
assistance program with the permission of the | ||||||
8 | presiding judge of the
juvenile court.
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9 | (11) Mental health professionals on behalf of the | ||||||
10 | Department of
Corrections or the Department of Human | ||||||
11 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
12 | or investigating a potential or actual petition
brought
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13 | under the Sexually Violent Persons Commitment Act relating | ||||||
14 | to a person who is the
subject of
juvenile court records or | ||||||
15 | the respondent to a petition brought under
the
Sexually | ||||||
16 | Violent Persons Commitment Act, who is the subject of | ||||||
17 | juvenile
court records
sought. Any records and any | ||||||
18 | information obtained from those records under this
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19 | paragraph (11) may be used only in sexually violent | ||||||
20 | persons commitment
proceedings.
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21 | (12) (Blank). Collection agencies, contracted or | ||||||
22 | otherwise engaged by a governmental entity, to collect any | ||||||
23 | debts due and owing to the governmental entity. | ||||||
24 | (A-1) Findings and exclusions of paternity entered in | ||||||
25 | proceedings occurring under Article II of this Act shall be | ||||||
26 | disclosed, in a manner and form approved by the Presiding |
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1 | Judge of the Juvenile Court, to the Department of Healthcare | ||||||
2 | and Family Services when necessary to discharge the duties of | ||||||
3 | the Department of Healthcare and Family Services under Article | ||||||
4 | X of the Illinois Public Aid Code. | ||||||
5 | (B) A minor who is the victim in a juvenile proceeding | ||||||
6 | shall be
provided the same confidentiality regarding | ||||||
7 | disclosure of identity as the
minor who is the subject of | ||||||
8 | record.
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9 | (C)(0.1) In cases where the records concern a pending | ||||||
10 | juvenile court case, the requesting party seeking to inspect | ||||||
11 | the juvenile court records shall provide actual notice to the | ||||||
12 | attorney or guardian ad litem of the minor whose records are | ||||||
13 | sought. | ||||||
14 | (0.2) In cases where the juvenile court records concern a | ||||||
15 | juvenile court case that is no longer pending, the requesting | ||||||
16 | party seeking to inspect the juvenile court records shall | ||||||
17 | provide actual notice to the minor or the minor's parent or | ||||||
18 | legal guardian, and the matter shall be referred to the chief | ||||||
19 | judge presiding over matters pursuant to this Act. | ||||||
20 | (0.3) In determining whether juvenile court records should | ||||||
21 | be made available for inspection and whether inspection should | ||||||
22 | be limited to certain parts of the file, the court shall | ||||||
23 | consider the minor's interest in confidentiality and | ||||||
24 | rehabilitation over the requesting party's interest in | ||||||
25 | obtaining the information. The State's Attorney, the minor, | ||||||
26 | and the minor's parents, guardian, and counsel shall at all |
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1 | times have the right to examine court files and records. | ||||||
2 | (0.4) Any records obtained in violation of this Section | ||||||
3 | shall not be admissible in any criminal or civil proceeding, | ||||||
4 | or operate to disqualify a minor from subsequently holding | ||||||
5 | public office, or operate as a forfeiture of any public | ||||||
6 | benefit, right, privilege, or right to receive any license | ||||||
7 | granted by public authority.
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8 | (D) Pending or following any adjudication of delinquency | ||||||
9 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
10 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
12 | receive the
rights set out in Sections 4 and 6 of the Bill of
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13 | Rights for Victims and Witnesses of Violent Crime Act; and the
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14 | juvenile who is the subject of the adjudication, | ||||||
15 | notwithstanding any other
provision of this Act, shall be | ||||||
16 | treated
as an adult for the purpose of affording such rights to | ||||||
17 | the victim.
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18 | (E) Nothing in this Section shall affect the right of a | ||||||
19 | Civil Service
Commission or appointing authority of the | ||||||
20 | federal government, or any state, county, or municipality
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21 | examining the character and fitness of
an applicant for | ||||||
22 | employment with a law enforcement
agency, correctional | ||||||
23 | institution, or fire department to
ascertain
whether that | ||||||
24 | applicant was ever adjudicated to be a delinquent minor and,
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25 | if so, to examine the records of disposition or evidence which | ||||||
26 | were made in
proceedings under this Act.
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1 | (F) Following any adjudication of delinquency for a crime | ||||||
2 | which would be
a felony if committed by an adult, or following | ||||||
3 | any adjudication of delinquency
for a violation of Section | ||||||
4 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012, the State's Attorney shall ascertain
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6 | whether the minor respondent is enrolled in school and, if so, | ||||||
7 | shall provide
a copy of the dispositional order to the | ||||||
8 | principal or chief administrative
officer of the school. | ||||||
9 | Access to the dispositional order shall be limited
to the | ||||||
10 | principal or chief administrative officer of the school and | ||||||
11 | any school
counselor designated by him or her.
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12 | (G) Nothing contained in this Act prevents the sharing or
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13 | disclosure of information or records relating or pertaining to | ||||||
14 | juveniles
subject to the provisions of the Serious Habitual | ||||||
15 | Offender Comprehensive
Action Program when that information is | ||||||
16 | used to assist in the early
identification and treatment of | ||||||
17 | habitual juvenile offenders.
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18 | (H) When a court hearing a proceeding under Article II of | ||||||
19 | this Act becomes
aware that an earlier proceeding under | ||||||
20 | Article II had been heard in a different
county, that court | ||||||
21 | shall request, and the court in which the earlier
proceedings | ||||||
22 | were initiated shall transmit, an authenticated copy of the | ||||||
23 | juvenile court
record, including all documents, petitions, and | ||||||
24 | orders filed and the
minute orders, transcript of proceedings, | ||||||
25 | and docket entries of the court.
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26 | (I) The Clerk of the Circuit Court shall report to the |
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1 | Illinois
State
Police, in the form and manner required by the | ||||||
2 | Illinois State Police, the
final disposition of each minor who | ||||||
3 | has been arrested or taken into custody
before his or her 18th | ||||||
4 | birthday for those offenses required to be reported
under | ||||||
5 | Section 5 of the Criminal Identification Act. Information | ||||||
6 | reported to
the Department under this Section may be | ||||||
7 | maintained with records that the
Department files under | ||||||
8 | Section 2.1 of the Criminal Identification Act.
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9 | (J) The changes made to this Section by Public Act 98-61 | ||||||
10 | apply to juvenile law enforcement records of a minor who has | ||||||
11 | been arrested or taken into custody on or after January 1, 2014 | ||||||
12 | (the effective date of Public Act 98-61). | ||||||
13 | (K) Willful violation of this Section is a Class C | ||||||
14 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
15 | This subsection (K) shall not apply to the person who is the | ||||||
16 | subject of the record. | ||||||
17 | (L) A person convicted of violating this Section is liable | ||||||
18 | for damages in the amount of $1,000 or actual damages, | ||||||
19 | whichever is greater. | ||||||
20 | (Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21; | ||||||
21 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22 .)
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22 | (705 ILCS 405/1-19 new) | ||||||
23 | Sec. 1-19. Fines, assessments, civil judgments, and | ||||||
24 | outstanding balances owed by minors or their parents, | ||||||
25 | guardians, or legal custodians; report. |
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1 | (a) Except for restitution and assessments issued for | ||||||
2 | adjudications under Section 5-125 of this Act, fines and | ||||||
3 | assessments, such as fees or administrative costs, shall not | ||||||
4 | be ordered or imposed on the following individuals as of the | ||||||
5 | effective date of this amendatory Act of the 103rd General | ||||||
6 | Assembly: | ||||||
7 | (1) a minor subject to Article III, IV, or V of this | ||||||
8 | Act, or the minor's parent, guardian, or legal custodian; | ||||||
9 | or | ||||||
10 | (2) a minor under the age of 18 transferred to adult | ||||||
11 | court or excluded from juvenile court jurisdiction under | ||||||
12 | Article V of this Act, or the minor's parent, guardian, or | ||||||
13 | legal custodian. | ||||||
14 | (b) Except for restitution and assessments issued for | ||||||
15 | adjudications under Section 5-125 of this Act, all unsatisfied | ||||||
16 | civil judgments, outstanding balances for fines, and | ||||||
17 | outstanding balances for assessments, such as fees or | ||||||
18 | administrative costs, including interest, penalties, or | ||||||
19 | collection fees entered prior to the effective date of this | ||||||
20 | amendatory Act of the 103rd General Assembly in cases pursuant | ||||||
21 | to subsection (a) of this Section, are null, void, satisfied, | ||||||
22 | and not collectible. | ||||||
23 | (c) Except for restitution and assessments issued for | ||||||
24 | adjudications under Section 5-125 of this Act, within one year | ||||||
25 | of the effective date of this amendatory Act of the 103rd | ||||||
26 | General Assembly, the circuit court clerk of each county shall |
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1 | discharge and waive 100% of all outstanding balances for | ||||||
2 | unsatisfied civil judgments, unpaid fines, and unpaid | ||||||
3 | assessments such as fees or administrative costs, including | ||||||
4 | interest, penalties, or collection fees, entered against a | ||||||
5 | minor or the minor's parent, guardian, or legal custodian in | ||||||
6 | the following: | ||||||
7 | (1) cases involving a minor subject to Article III, | ||||||
8 | IV, or V of this Act; and | ||||||
9 | (2) cases involving a minor under the age of 18 | ||||||
10 | transferred to adult court or excluded from juvenile court | ||||||
11 | jurisdiction under Article V of this Act. | ||||||
12 | (d) Within 30 calendar days after the effective date of | ||||||
13 | this amendatory Act of the 103rd General Assembly, the State's | ||||||
14 | Attorney or circuit court clerk in each county shall provide | ||||||
15 | written notice to collection agencies contracted or assigned | ||||||
16 | to collect outstanding balances in cases pursuant to this | ||||||
17 | Section that outstanding balances for unsatisfied civil | ||||||
18 | judgments, unpaid fines, and unpaid assessments such as fees | ||||||
19 | or administrative costs, including interest, penalties, or | ||||||
20 | collection fees, are null, void, satisfied, and not | ||||||
21 | collectible as of the effective date of this amendatory Act of | ||||||
22 | the 103rd General Assembly. | ||||||
23 | (e) If a payment is made by a minor or his or her parent, | ||||||
24 | guardian, or legal custodian on or after the effective date of | ||||||
25 | this amendatory Act of the 103rd General Assembly, the circuit | ||||||
26 | court clerk shall reimburse payments made towards unsatisfied |
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1 | civil judgments, unpaid fines, or unpaid assessments such as | ||||||
2 | fees or administrative costs, including interest, penalties, | ||||||
3 | or collection fees, made null, void, satisfied, and | ||||||
4 | uncollectible by this amendatory Act of the 103rd General | ||||||
5 | Assembly. | ||||||
6 | (f) Within one year of the effective date of this | ||||||
7 | amendatory Act of the 103rd General Assembly, the circuit | ||||||
8 | court clerk of each county shall report to the Illinois | ||||||
9 | Juvenile Justice Commission the following data, in a form and | ||||||
10 | manner to be determined by the Commission, specific to all | ||||||
11 | outstanding balances for unsatisfied civil judgments, unpaid | ||||||
12 | fines, and unpaid assessments, such as fees or administrative | ||||||
13 | costs, made null, void, satisfied, and not collectible by this | ||||||
14 | amendatory Act of the 103rd General Assembly: | ||||||
15 | (1) As of the effective date of this amendatory Act of | ||||||
16 | the 103rd General Assembly, the total number of cases or | ||||||
17 | individuals pursuant to this amendatory Act of the 103rd | ||||||
18 | General Assembly which: | ||||||
19 | (A) have outstanding balances; and | ||||||
20 | (B) have outstanding balances converted into civil | ||||||
21 | judgments; | ||||||
22 | (2) The number of cases or individuals with | ||||||
23 | outstanding balances discharged and waived pursuant to | ||||||
24 | this amendatory Act of the 103rd General Assembly; and | ||||||
25 | (3) The total amount of outstanding balances | ||||||
26 | discharged and waived pursuant to this amendatory Act of |
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1 | the 103rd General Assembly for the following: | ||||||
2 | (A) unsatisfied civil judgments; | ||||||
3 | (B) unpaid fines; and | ||||||
4 | (C) unpaid assessments, such as fees or | ||||||
5 | administrative costs. "; and
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6 | by replacing lines 1 through 3 on page 48 with the following: | ||||||
7 | " (8) Fines or assessments, such as fees or administrative | ||||||
8 | costs, in the service of process shall not be ordered or | ||||||
9 | imposed on a minor or a minor's parent, guardian, or legal | ||||||
10 | custodian. "; and
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11 | on page 58, line 5, by replacing " The Court shall not order | ||||||
12 | fees or fines " with " Fines or assessments, such as fees or | ||||||
13 | administrative costs, shall not be ordered or imposed "; and
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14 | by replacing lines 12 through 14 on page 60 with the following:
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15 | " (8) Fines or assessments, such as fees or administrative | ||||||
16 | costs, in the service of process shall not be ordered or | ||||||
17 | imposed on a minor or a minor's parent, guardian, or legal | ||||||
18 | custodian. "; and
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19 | by replacing lines 24 through 26 on page 72 with the following: | ||||||
20 | " (5) Fines or assessments, such as fees or administrative | ||||||
21 | costs in the service of process, shall not be ordered or |
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1 | imposed on a minor or a minor's parent, guardian, or legal | ||||||
2 | custodian. "; and
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3 | by replacing lines 7 through 12 on page 82 with the following: | ||||||
4 | " (12) Fines and assessments, including any fee or | ||||||
5 | administrative cost authorized under Section 5-4.5-105, | ||||||
6 | 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the | ||||||
7 | Unified Code of Corrections, shall not be ordered or imposed | ||||||
8 | on a minor or the minor's parent, guardian, or legal custodian | ||||||
9 | as a condition of continuance under supervision. If the "; and
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10 | by replacing lines 8 through 13 on page 94 with the following: | ||||||
11 | " (13) Fines and assessments, including any fee or | ||||||
12 | administrative cost authorized under Section 5-4.5-105, | ||||||
13 | 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the | ||||||
14 | Unified Code of Corrections, relating to any sentencing order | ||||||
15 | shall not be ordered or imposed on a minor or the minor's | ||||||
16 | parent, guardian, or legal custodian. The inability of a | ||||||
17 | minor, or "; and
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18 | by replacing lines 7 through 13 on page 102 with the following: | ||||||
19 | " (7) Fines and assessments, including any fee or | ||||||
20 | administrative cost authorized under Section 5-4.5-105, | ||||||
21 | 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the | ||||||
22 | Unified Code of Corrections, shall not be ordered or imposed | ||||||
23 | on a minor or the minor's parent, guardian, or legal custodian |
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1 | as a condition of probation, conditional discharge, or | ||||||
2 | supervision. If the minor or the minor's parent, guardian, | ||||||
3 | or "; and
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4 | by replacing line 25 on page 114 through line 2 on page 115 | ||||||
5 | with the following: | ||||||
6 | " Costs associated with detention, legal representation, or | ||||||
7 | other services or programs under Article III, IV, or V of this | ||||||
8 | Act shall not be ordered or imposed on a parent, guardian, or | ||||||
9 | legal custodian liable under the law for the support of a | ||||||
10 | minor. "; and
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11 | on page 119, lines 10 and 11, by replacing " The court shall not | ||||||
12 | order any fees, fines, or administrative costs under this | ||||||
13 | Section " with " Fines and assessments, such as fees or | ||||||
14 | administrative costs, under this Section shall not be ordered | ||||||
15 | or imposed "; and
| ||||||
16 | on page 123, lines 22 and 23, by replacing " The court shall not | ||||||
17 | order any fees, fines, or administrative costs " with " Fines | ||||||
18 | and assessments, such as fees or administrative costs, shall | ||||||
19 | not be ordered or imposed "; and
| ||||||
20 | on page 128, lines 14 and 15, by replacing " The court shall not | ||||||
21 | order fees, fines, or administrative costs " with " Fines and | ||||||
22 | assessments, such as fees or administrative costs, shall not |
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| |||||||
1 | be ordered or imposed "; and
| ||||||
2 | on page 131, lines 12 and 13, by replacing " The court shall not | ||||||
3 | order fines or any other applicable assessments authorized | ||||||
4 | under this Section " with " Fines and assessments, such as fees | ||||||
5 | or administrative costs, authorized under this Section shall | ||||||
6 | not be ordered or imposed "; and
| ||||||
7 | on page 135, lines 10 and 11, by replacing " The court shall not | ||||||
8 | order fees, fines, costs or any other assessments authorized | ||||||
9 | under this Section " with " Fines and assessments, such as fees | ||||||
10 | or administrative costs, authorized under this Section shall | ||||||
11 | not be ordered or imposed "; and
| ||||||
12 | on page 135, line 21, by replacing "and 5-9-1.9" with | ||||||
13 | "5-9-1.9, and 5-9-3"; and
| ||||||
14 | on page 138, lines 4 and 5, by replacing " The court shall not | ||||||
15 | order any fees, fines, or administrative costs " with " Fines | ||||||
16 | and assessments, such as fees or administrative costs, shall | ||||||
17 | not be ordered or imposed "; and
| ||||||
18 | on page 162, lines 6 through 8, by replacing " the court shall | ||||||
19 | not order any fees, fines, costs, or other applicable | ||||||
20 | assessments authorized under this Section against " with " and | ||||||
21 | assessments issued for adjudications under Section 5-125 of |
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| |||||||
1 | the Juvenile Court Act of 1987, fines and assessments, such as | ||||||
2 | fees or administrative costs, authorized under this Section | ||||||
3 | shall not be ordered or imposed on "; and
| ||||||
4 | on page 178, lines 21 through 23, by replacing " the court shall | ||||||
5 | not order any fees, fines, costs, or other applicable | ||||||
6 | assessments authorized under this Section against " with " and | ||||||
7 | assessments issued for adjudications under Section 5-125 of | ||||||
8 | the Juvenile Court Act of 1987, fines and assessments, such as | ||||||
9 | fees or administrative costs, authorized under this Section | ||||||
10 | shall not be ordered or imposed on "; and
| ||||||
11 | on page 181, lines 23 and 24, by replacing " The court shall not | ||||||
12 | order any fees, fines, costs, or other applicable assessments | ||||||
13 | authorized under this Section against " with " Fines and | ||||||
14 | assessments, such as fees or administrative costs, authorized | ||||||
15 | under this Section shall not be ordered or imposed on "; and
| ||||||
16 | on page 182, lines 20 through 21, by replacing " The court shall | ||||||
17 | not order any costs authorized under this Section against " | ||||||
18 | with " Fines and assessments, such as fees or administrative | ||||||
19 | costs, authorized under this Section shall not be ordered or | ||||||
20 | imposed on "; and
| ||||||
21 | by replacing lines 2 through 4 on page 184 with the following: | ||||||
22 | " (c-1) A criminal laboratory analysis assessment, or |
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| |||||||
1 | equivalent fine or assessment, such as fees or administrative | ||||||
2 | costs, shall not be ordered or imposed on a minor subject to | ||||||
3 | Article III, IV, or "; and
| ||||||
4 | by replacing line 26 on page 187 through line 2 on page 188 | ||||||
5 | with the following: | ||||||
6 | " (c-1) A criminal laboratory DUI analysis assessment, or | ||||||
7 | equivalent fine or assessment, such as fees or administrative | ||||||
8 | costs, shall not be ordered or imposed on a minor subject to | ||||||
9 | Article III, IV, "; and
| ||||||
10 | on page 190, below line 20, by inserting the following:
| ||||||
11 | "(730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
| ||||||
12 | Sec. 5-9-3. Default.
| ||||||
13 | (a) An offender who defaults in the payment of a fine or
| ||||||
14 | any
installment of that fine may be held in contempt and | ||||||
15 | imprisoned for nonpayment. The
court may issue a summons for | ||||||
16 | his appearance or a warrant of arrest.
| ||||||
17 | (b) Unless the offender shows that his default was not due | ||||||
18 | to his
intentional refusal to pay, or not due to a failure on | ||||||
19 | his part to make a
good faith effort to pay, the court may | ||||||
20 | order the offender imprisoned for a
term not to exceed 6 months | ||||||
21 | if the fine was for a felony, or 30 days if the
fine was for a | ||||||
22 | misdemeanor, a petty offense or a business offense. Payment
of | ||||||
23 | the fine at any time will entitle the offender to be released, |
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| |||||||
1 | but
imprisonment under this Section shall not satisfy the | ||||||
2 | payment of the fine.
| ||||||
3 | (c) If it appears that the default in the payment of a fine | ||||||
4 | is not
intentional under paragraph (b) of this Section, the | ||||||
5 | court may enter an
order allowing the offender additional time | ||||||
6 | for payment, reducing the
amount of the fine or of each | ||||||
7 | installment, or revoking the fine or the
unpaid portion.
| ||||||
8 | (d) When a fine is imposed on a corporation or | ||||||
9 | unincorporated
organization or association, it is the duty of | ||||||
10 | the person or persons
authorized to make disbursement of | ||||||
11 | assets, and their superiors, to pay the
fine from assets of the | ||||||
12 | corporation or unincorporated organization or
association. The | ||||||
13 | failure of such persons to do so shall render them subject
to | ||||||
14 | proceedings under paragraphs (a) and (b) of this Section.
| ||||||
15 | (e) A default in the payment of a fine, fee, cost, order of | ||||||
16 | restitution, judgment of bond forfeiture, judgment order of | ||||||
17 | forfeiture, or any installment thereof
may be
collected by any | ||||||
18 | and all means authorized for the collection of money | ||||||
19 | judgments. The State's Attorney of the county in which the | ||||||
20 | fine, fee, cost, order of restitution, judgment of bond | ||||||
21 | forfeiture, or judgment order of forfeiture was imposed may | ||||||
22 | retain
attorneys and private collection agents for the purpose | ||||||
23 | of collecting any
default in payment of any fine, fee, cost, | ||||||
24 | order of restitution, judgment of bond forfeiture, judgment | ||||||
25 | order of forfeiture, or installment thereof. An additional fee | ||||||
26 | of 30% of the delinquent amount and each taxable court cost |
| |||||||
| |||||||
1 | including, without limitation, costs of service of process, | ||||||
2 | shall be charged to the offender for any amount of the fine, | ||||||
3 | fee, cost, restitution, or judgment of bond forfeiture or | ||||||
4 | installment of the fine, fee, cost, restitution, or judgment | ||||||
5 | of bond forfeiture that remains unpaid after the time fixed | ||||||
6 | for payment of the fine, fee, cost, restitution, or judgment | ||||||
7 | of bond forfeiture by the court. The additional fee shall be | ||||||
8 | payable to the State's Attorney in order to compensate the | ||||||
9 | State's Attorney for costs incurred in collecting the | ||||||
10 | delinquent amount. The State's Attorney may enter into | ||||||
11 | agreements assigning any portion of the fee to the retained | ||||||
12 | attorneys or the private collection agent retained by the | ||||||
13 | State's Attorney. Any agreement between the State's Attorney | ||||||
14 | and the retained attorneys or collection agents shall require | ||||||
15 | the approval of the Circuit Clerk of that county. A default in | ||||||
16 | payment of a fine, fee, cost, restitution, or judgment of bond | ||||||
17 | forfeiture shall draw interest at the rate of 9% per annum.
| ||||||
18 | (f) This Section does not apply against a minor or the | ||||||
19 | minor's parent, guardian, or legal custodian in cases subject | ||||||
20 | to Article III, IV, or V of the Juvenile Court Act of 1987, or | ||||||
21 | a minor under the age of 18 transferred to adult court or | ||||||
22 | excluded from juvenile court jurisdiction under Article V of | ||||||
23 | the Juvenile Court Act of 1987. | ||||||
24 | (Source: P.A. 98-373, eff. 1-1-14.)".
|