Bill Text: IL HB3525 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Code of Criminal Procedure of 1963. Deletes a provision that if the court finds that the applicant is an indigent person, the court shall grant the applicant a full assessment waiver exempting him or her from the payment of any assessments. Provides that upon proof of need by the applicant, the court shall grant the applicant a partial assessment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3525 Detail]
Download: Illinois-2023-HB3525-Introduced.html
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1 | AN ACT concerning criminal law.
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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 Code of Criminal Procedure of 1963 is | |||||||||||||||||||
5 | amended by changing Section 124A-20 as follows:
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6 | (725 ILCS 5/124A-20) | |||||||||||||||||||
7 | Sec. 124A-20. Assessment waiver. | |||||||||||||||||||
8 | (a) As used in this Section: | |||||||||||||||||||
9 | "Assessments" means any costs imposed on a criminal | |||||||||||||||||||
10 | defendant under Article 15 of the Criminal and Traffic | |||||||||||||||||||
11 | Assessment Act, but does not include violation of the Illinois | |||||||||||||||||||
12 | Vehicle Code assessments except as provided in subsection | |||||||||||||||||||
13 | (a-5). | |||||||||||||||||||
14 | "Indigent person" means any person who meets one or more | |||||||||||||||||||
15 | of the following criteria: | |||||||||||||||||||
16 | (1) He or she is receiving assistance under one or | |||||||||||||||||||
17 | more of the following means-based governmental public | |||||||||||||||||||
18 | benefits programs: Supplemental Security Income; Aid to | |||||||||||||||||||
19 | the Aged, Blind and Disabled; Temporary Assistance for | |||||||||||||||||||
20 | Needy Families; Supplemental Nutrition Assistance Program; | |||||||||||||||||||
21 | General Assistance; Transitional Assistance; or State | |||||||||||||||||||
22 | Children and Family Assistance. | |||||||||||||||||||
23 | (2) His or her available personal income is 200% or |
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1 | less of the current poverty level, unless the applicant's | ||||||
2 | assets that are not exempt under Part 9 or 10 of Article | ||||||
3 | XII of the Code of Civil Procedure are of a nature and | ||||||
4 | value that the court determines that the applicant is able | ||||||
5 | to pay the assessments. | ||||||
6 | (3) He or she is, in the discretion of the court, | ||||||
7 | unable to proceed in an action with payment of assessments | ||||||
8 | and whose payment of those assessments would result in | ||||||
9 | substantial hardship to the person or his or her family. | ||||||
10 | "Poverty level" means the current poverty level as | ||||||
11 | established by the United States Department of Health and | ||||||
12 | Human Services. | ||||||
13 | (a-5) In a county having a population of more than | ||||||
14 | 3,000,000, "assessments" means any costs imposed on a criminal
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15 | defendant under Article 15 of the Criminal and Traffic
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16 | Assessment Act, including violation of the Illinois Vehicle | ||||||
17 | Code assessments. This subsection is inoperative on and after | ||||||
18 | July 1, 2024. | ||||||
19 | (b) For criminal offenses reflected in Schedules 1, 3, 4, | ||||||
20 | 5, 7, and 8 of Article 15 of the Criminal and Traffic | ||||||
21 | Assessment Act, upon the application of any defendant, after | ||||||
22 | the commencement of an action, but no later than 30 days after | ||||||
23 | sentencing: | ||||||
24 | (1) (Blank). If the court finds that the applicant is | ||||||
25 | an indigent person, the court shall grant the applicant a | ||||||
26 | full assessment waiver exempting him or her from the |
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1 | payment of any assessments. | ||||||
2 | (2) Upon proof of need by the applicant, the The court | ||||||
3 | shall grant the applicant a partial assessment as follows: | ||||||
4 | (A) 75% of all assessments shall be waived if the | ||||||
5 | applicant's available income is greater than 200% but | ||||||
6 | no more than 250% of the poverty level, unless the | ||||||
7 | applicant's assets that are not exempt under Part 9 or | ||||||
8 | 10 of Article XII of the Code of Civil Procedure are | ||||||
9 | such that the applicant is able, without undue | ||||||
10 | hardship, to pay the total assessments. | ||||||
11 | (B) 50% of all assessments shall be waived if the | ||||||
12 | applicant's available income is greater than 250% but | ||||||
13 | no more than 300% of the poverty level, unless the | ||||||
14 | applicant's assets that are not exempt under Part 9 or | ||||||
15 | 10 of Article XII of the Code of Civil Procedure are | ||||||
16 | such that the court determines that the applicant is | ||||||
17 | able, without undue hardship, to pay a greater portion | ||||||
18 | of the assessments. | ||||||
19 | (C) 25% of all assessments shall be waived if the | ||||||
20 | applicant's available income is greater than 300% but | ||||||
21 | no more than 400% of the poverty level, unless the | ||||||
22 | applicant's assets that are not exempt under Part 9 or | ||||||
23 | 10 of Article XII of the Code of Civil Procedure are | ||||||
24 | such that the court determines that the applicant is | ||||||
25 | able, without undue hardship, to pay a greater portion | ||||||
26 | of the assessments. |
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1 | (b-5) For traffic and petty offenses reflected in | ||||||
2 | Schedules 2, 6, 9, 10, and 13 of Article 15 of the Criminal and | ||||||
3 | Traffic Assessment Act, upon the application of any defendant, | ||||||
4 | after the commencement of an action, but no later than 30 days | ||||||
5 | after sentencing, the court shall grant the applicant a | ||||||
6 | partial assessment as follows: | ||||||
7 | (1) 50% of all assessments shall be waived if the | ||||||
8 | court finds that the applicant is an indigent person or if | ||||||
9 | the applicant's available income is not greater than 200% | ||||||
10 | of the poverty level, unless the applicant's assets that | ||||||
11 | are not exempt under Part 9 or 10 of Article XII of the | ||||||
12 | Code of Civil Procedure are such that the applicant is | ||||||
13 | able, without undue hardship, to pay the total | ||||||
14 | assessments. | ||||||
15 | (2) 37.5% of all assessments shall be waived if the | ||||||
16 | applicant's available income is greater than 200% but no | ||||||
17 | more than 250% of the poverty level, unless the | ||||||
18 | applicant's assets that are not exempt under Part 9 or 10 | ||||||
19 | of Article XII of the Code of Civil Procedure are such that | ||||||
20 | the applicant is able, without undue hardship, to pay the | ||||||
21 | total assessments. | ||||||
22 | (3) 25% of all assessments shall be waived if the | ||||||
23 | applicant's available income is greater than 250% but no | ||||||
24 | more than 300% of the poverty level, unless the | ||||||
25 | applicant's assets that are not exempt under Part 9 or 10 | ||||||
26 | of Article XII of the Code of Civil Procedure are such that |
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1 | the court determines that the applicant is able, without | ||||||
2 | undue hardship, to pay a greater portion of the | ||||||
3 | assessments. | ||||||
4 | (4) 12.5% of all assessments shall be waived if the | ||||||
5 | applicant's available income is greater than 300% but no | ||||||
6 | more than 400% of the poverty level, unless the | ||||||
7 | applicant's assets that are not exempt under Part 9 or 10 | ||||||
8 | of Article XII of the Code of Civil Procedure are such that | ||||||
9 | the court determines that the applicant is able, without | ||||||
10 | undue hardship, to pay a greater portion of the | ||||||
11 | assessments. | ||||||
12 | (c) An application for a waiver of assessments shall be in | ||||||
13 | writing, signed by the defendant or, if the defendant is a | ||||||
14 | minor, by another person having knowledge of the facts, and | ||||||
15 | filed no later than 30 days after sentencing. The contents of | ||||||
16 | the application for a waiver of assessments, and the procedure | ||||||
17 | for deciding the applications, shall be established by Supreme | ||||||
18 | Court Rule. Factors to consider in evaluating an application | ||||||
19 | shall include: | ||||||
20 | (1) the applicant's receipt of needs based | ||||||
21 | governmental public benefits, including Supplemental | ||||||
22 | Security Income (SSI); Aid to the Aged, Blind and Disabled | ||||||
23 | (AABD); Temporary Assistance for Needy Families (TANF); | ||||||
24 | Supplemental Nutrition Assistance Program (SNAP or "food | ||||||
25 | stamps"); General Assistance; Transitional Assistance; or | ||||||
26 | State Children and Family Assistance; |
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1 | (2) the employment status of the applicant and amount | ||||||
2 | of monthly income, if any; | ||||||
3 | (3) income received from the applicant's pension, | ||||||
4 | Social Security benefits, unemployment benefits, and other | ||||||
5 | sources; | ||||||
6 | (4) income received by the applicant from other | ||||||
7 | household members; | ||||||
8 | (5) the applicant's monthly expenses, including rent, | ||||||
9 | home mortgage, other mortgage, utilities, food, medical, | ||||||
10 | vehicle, childcare, debts, child support, and other | ||||||
11 | expenses; and | ||||||
12 | (6) financial affidavits or other similar supporting | ||||||
13 | documentation provided by the applicant showing that | ||||||
14 | payment of the imposed assessments would result in | ||||||
15 | substantial hardship to the applicant or the applicant's | ||||||
16 | family. | ||||||
17 | (d) The clerk of court shall provide the application for a | ||||||
18 | partial waiver of assessments to any defendant who indicates | ||||||
19 | an inability to pay the assessments. The clerk of the court | ||||||
20 | shall post in a conspicuous place in the courthouse a notice, | ||||||
21 | no smaller than 8.5 x 11 inches and using no smaller than | ||||||
22 | 30-point typeface printed in English and in Spanish, advising | ||||||
23 | criminal defendants they may ask the court for a partial | ||||||
24 | waiver of any court ordered assessments. The notice shall be | ||||||
25 | substantially as follows: | ||||||
26 | "If you are unable to pay the required assessments, |
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1 | you may ask the court to partially waive payment of them. | ||||||
2 | Ask the clerk of the court for forms." | ||||||
3 | (e) For good cause shown, the court may allow an applicant | ||||||
4 | whose application is denied or who receives a partial | ||||||
5 | assessment waiver to defer payment of the assessments, make | ||||||
6 | installment payments, or make payment upon reasonable terms | ||||||
7 | and conditions stated in the order. | ||||||
8 | (f) Nothing in this Section shall be construed to affect | ||||||
9 | the right of a party to court-appointed counsel, as authorized | ||||||
10 | by any other provision of law or by the rules of the Illinois | ||||||
11 | Supreme Court. | ||||||
12 | (g) The provisions of this Section are severable under | ||||||
13 | Section 1.31 of the Statute on Statutes.
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14 | (Source: P.A. 102-558, eff. 8-20-21; 102-620, eff. 8-27-21.)
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