Bill Text: IL HB1413 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the State Finance Act. Creates the Grandparents Custody Assistance Fund as a special fund in the State treasury. Provides that moneys in the Fund shall be paid as grants to public or private non-profit agencies that provide pro bono legal assistance to a grandparent or other first-degree relative seeking (i) custody of a child or (ii) to intervene in a custody dispute involving that child. Authorizes the Attorney General to manage the Fund. Defines "first-degree relative". Amends the Illinois Marriage and Dissolution of Marriage Act and the Clerks of Courts Act to provide for fines to be imposed when parties violate court orders relating to custody, visitation, or joint parenting, with certain exceptions. Provides for disposition of the fines.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1413 Detail]

Download: Illinois-2015-HB1413-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1413 Introduced , by Rep. John D. Cavaletto SYNOPSIS AS INTRODUCED:
30 ILCS 105/5.866 new
30 ILCS 105/6z-101 new
705 ILCS 105/27.5 from Ch. 25, par. 27.5
750 ILCS 5/612 new
Amends the State Finance Act. Creates the Grandparents Custody Assistance Fund as a special fund in the State treasury. Provides that moneys in the Fund shall be paid as grants to public or private non-profit agencies that provide pro bono legal assistance to a grandparent or other first-degree relative seeking (i) custody of a child or (ii) to intervene in a custody dispute involving that child. Authorizes the Attorney General to manage the Fund. Defines "first-degree relative". Amends the Illinois Marriage and Dissolution of Marriage Act and the Clerks of Courts Act to provide for fines to be imposed when parties violate court orders relating to custody, visitation, or joint parenting, with certain exceptions. Provides for disposition of the fines.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning family law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Sections 5.866 and 6z-101 as follows:
(30 ILCS 105/5.866 new)
Sec. 5.866. The Grandparents Custody Assistance Fund.
(30 ILCS 105/6z-101 new)
Sec. 6z-101. The Grandparents Custody Assistance Fund. The
Grandparents Custody Assistance Fund is created as a special
fund in the State treasury. The Fund may accept fees, gifts,
grants, donations, and federal or State appropriations, for
use, subject to appropriation, by the Attorney General in
making grants to public or private non-profit agencies that
provide pro bono legal assistance to a grandparent or other
first-degree relative who is seeking (i) custody of a child or
(ii) to intervene in a custody dispute involving that child.
The Attorney General may seek private and public funds for
deposit into the Grandparents Custody Assistance Fund. Moneys
in the Fund may be appropriated only for the use of the
Attorney General in the performance of his or her powers and
duties under this Section. The Attorney General shall adopt

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rules concerning application for and disbursement of moneys in
the Fund. For the purposes of this Section, "first-degree
relative" means a sibling, grandparent, aunt, or uncle of an
individual.
Section 10. The Clerks of Courts Act is amended by changing
Section 27.5 as follows:
(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
Sec. 27.5. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk that equals an
amount less than $55, except restitution under Section 5-5-6 of
the Unified Code of Corrections, reimbursement for the costs of
an emergency response as provided under Section 11-501 of the
Illinois Vehicle Code, any fees collected for attending a
traffic safety program under paragraph (c) of Supreme Court
Rule 529, any fee collected on behalf of a State's Attorney
under Section 4-2002 of the Counties Code or a sheriff under
Section 4-5001 of the Counties Code, or any cost imposed under
Section 124A-5 of the Code of Criminal Procedure of 1963, for
convictions, orders of supervision, or any other disposition
for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, and except as otherwise

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provided in this Section, shall be disbursed within 60 days
after receipt by the circuit clerk as follows: 47% shall be
disbursed to the entity authorized by law to receive the fine
imposed in the case; 12% shall be disbursed to the State
Treasurer; and 41% shall be disbursed to the county's general
corporate fund. Of the 12% disbursed to the State Treasurer,
1/6 shall be deposited by the State Treasurer into the Violent
Crime Victims Assistance Fund, 1/2 shall be deposited into the
Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
be deposited into the Drivers Education Fund. For fiscal years
1992 and 1993, amounts deposited into the Violent Crime Victims
Assistance Fund, the Traffic and Criminal Conviction Surcharge
Fund, or the Drivers Education Fund shall not exceed 110% of
the amounts deposited into those funds in fiscal year 1991. Any
amount that exceeds the 110% limit shall be distributed as
follows: 50% shall be disbursed to the county's general
corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for

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violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, Section 16-104c of the Illinois Vehicle
Code, and subsection (a) of Section 5-1101 of the Counties
Code, unless those amounts are specifically waived by the
judge. With respect to money collected by the circuit clerk as
a result of forfeiture of bail, ex parte judgment or guilty
plea pursuant to Supreme Court Rule 529, the circuit clerk
shall first deduct and pay amounts required by Sections 27.3a
and 27.3c of this Act. Unless a court ordered payment schedule
is implemented or fee requirements are waived pursuant to a
court order, the circuit clerk may add to any unpaid fees and
costs a delinquency amount equal to 5% of the unpaid fees that
remain unpaid after 30 days, 10% of the unpaid fees that remain
unpaid after 60 days, and 15% of the unpaid fees that remain
unpaid after 90 days. Notice to those parties may be made by
signage posting or publication. The additional delinquency
amounts collected under this Section shall be deposited in the
Circuit Court Clerk Operation and Administrative Fund to be
used to defray administrative costs incurred by the circuit
clerk in performing the duties required to collect and disburse
funds. This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(b) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:

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(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
Animals Act and Section 26-5 or 48-1 of the Criminal Code
of 1961 or the Criminal Code of 2012;
(2) 20% of the amounts collected for Class A and Class
B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care
for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(c) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $29, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $29, the
person shall also pay a fee of $6, if not waived by the court.
If this $6 fee is collected, $5.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.

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(d) Any person convicted of, pleading guilty to, or placed
on supervision for a serious traffic violation, as defined in
Section 1-187.001 of the Illinois Vehicle Code, a violation of
Section 11-501 of the Illinois Vehicle Code, or a violation of
a similar provision of a local ordinance shall pay an
additional fee of $35, to be disbursed as provided in Section
16-104d of that Code.
This subsection (d) becomes inoperative on January 1, 2020.
(e) In all counties having a population of 3,000,000 or
more inhabitants:
(1) A person who is found guilty of or pleads guilty to
violating subsection (a) of Section 11-501 of the Illinois
Vehicle Code, including any person placed on court
supervision for violating subsection (a), shall be fined
$750 as provided for by subsection (f) of Section 11-501.01
of the Illinois Vehicle Code, payable to the circuit clerk,
who shall distribute the money pursuant to subsection (f)
of Section 11-501.01 of the Illinois Vehicle Code.
(2) When a crime laboratory DUI analysis fee of $150,
provided for by Section 5-9-1.9 of the Unified Code of
Corrections is assessed, it shall be disbursed by the
circuit clerk as provided by subsection (f) of Section
5-9-1.9 of the Unified Code of Corrections.
(3) When a fine for a violation of subsection (a) of
Section 11-605 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided

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for by subsection (f) of Section 11-605 of the Illinois
Vehicle Code shall be disbursed by the circuit clerk to a
school district or districts for school safety purposes as
provided by subsection (f) of Section 11-605.
(4) When a fine for a violation of subsection (a) of
Section 11-1002.5 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided
for by subsection (c) of Section 11-1002.5 of the Illinois
Vehicle Code shall be disbursed by the circuit clerk to a
school district or districts for school safety purposes as
provided by subsection (c) of Section 11-1002.5 of the
Illinois Vehicle Code.
(5) When a mandatory drug court fee of up to $5 is
assessed as provided in subsection (f) of Section 5-1101 of
the Counties Code, it shall be disbursed by the circuit
clerk as provided in subsection (f) of Section 5-1101 of
the Counties Code.
(6) When a mandatory teen court, peer jury, youth
court, or other youth diversion program fee is assessed as
provided in subsection (e) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk
as provided in subsection (e) of Section 5-1101 of the
Counties Code.
(7) When a Children's Advocacy Center fee is assessed
pursuant to subsection (f-5) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk

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as provided in subsection (f-5) of Section 5-1101 of the
Counties Code.
(8) When a victim impact panel fee is assessed pursuant
to subsection (b) of Section 11-501.01 of the Illinois
Vehicle Code, it shall be disbursed by the circuit clerk to
the victim impact panel to be attended by the defendant.
(9) When a new fee collected in traffic cases is
enacted after January 1, 2010 (the effective date of Public
Act 96-735), it shall be excluded from the percentage
disbursement provisions of this Section unless otherwise
indicated by law.
(f) Any person who receives a disposition of court
supervision for a violation of Section 11-501 of the Illinois
Vehicle Code shall, in addition to any other fines, fees, and
court costs, pay an additional fee of $50, which shall be
collected by the circuit clerk and then remitted to the State
Treasurer for deposit into the Roadside Memorial Fund, a
special fund in the State treasury. However, the court may
waive the fee if full restitution is complied with. Subject to
appropriation, all moneys in the Roadside Memorial Fund shall
be used by the Department of Transportation to pay fees imposed
under subsection (f) of Section 20 of the Roadside Memorial
Act. The fee shall be remitted by the circuit clerk within one
month after receipt to the State Treasurer for deposit into the
Roadside Memorial Fund.
(g) For any conviction or disposition of court supervision

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for a violation of Section 11-1429 of the Illinois Vehicle
Code, the circuit clerk shall distribute the fines paid by the
person as specified by subsection (h) of Section 11-1429 of the
Illinois Vehicle Code.
(h) In addition to any other fines and court costs assessed
by the courts, a person fined under Section 612 of the Illinois
Marriage and Dissolution of Marriage Act for a violation of an
order concerning custody, visitation, or joint parenting shall
pay an additional fine of $50 to the clerk of the circuit
court. This amount less 10% shall be remitted by the clerk to
the Treasurer within 30 days after receipt for deposit into the
Grandparents Custody Assistance Fund. The 10% retained by the
clerk shall be used to defray administrative costs that the
clerk incurs.
(Source: P.A. 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-658, eff. 6-23-14.)
Section 15. The Illinois Marriage and Dissolution of
Marriage Act is amended by adding Section 612 as follows:
(750 ILCS 5/612 new)
Sec. 612. Fines; Grandparents Custody Assistance Fund. If
the court finds that one or more of the parties has violated an
order of the court concerning custody, visitation, or joint
parenting, the court shall assess a $50 fine against the party
in addition to any other penalty imposed, unless the court

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determines to waive the fine because the court finds that the
imposition of it would place an undue burden on another party
who is not in violation of the court's order. The fine shall be
paid to the circuit clerk for deposit into the Grandparents
Custody Assistance Fund.