Bill Text: IL SB0108 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that in the assessment waiver provisions, defines "assessments" to include assessments in a county having a population of more than 3,000,000. Deletes a provision that states the provision is inoperative on and after July 1, 2024 that provides that in a county having a population of more than 3,000,000, "assessments" means any costs imposed on a criminal defendant under the Assessment Schedules Article of the Criminal and Traffic Assessment Act, including violation of the Illinois Vehicle Code assessments.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-22 - Assigned to Criminal Law [SB0108 Detail]

Download: Illinois-2025-SB0108-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0108 Introduced 1/17/2025, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED:
725 ILCS 5/124A-20
Amends the Code of Criminal Procedure of 1963. Provides that in the assessment waiver provisions, defines "assessments" to include assessments in a county having a population of more than 3,000,000. Deletes a provision that states the provision is inoperative on and after July 1, 2024 that provides that in a county having a population of more than 3,000,000, "assessments" means any costs imposed on a criminal defendant under the Assessment Schedules Article of the Criminal and Traffic Assessment Act, including violation of the Illinois Vehicle Code assessments.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 124A-20 as follows:
(725 ILCS 5/124A-20)
Sec. 124A-20. Assessment waiver.
(a) As used in this Section:
"Assessments" means any costs imposed on a criminal
defendant under Article 15 of the Criminal and Traffic
Assessment Act, but does not include violation of the Illinois
Vehicle Code assessments except in a county having a
population of more than 3,000,000 as provided in subsection
(a-5).
"Indigent person" means any person who meets one or more
of the following criteria:
(1) He or she is receiving assistance under one or
more of the following means-based governmental public
benefits programs: Supplemental Security Income; Aid to
the Aged, Blind and Disabled; Temporary Assistance for
Needy Families; Supplemental Nutrition Assistance Program;
General Assistance; Transitional Assistance; or State
Children and Family Assistance.

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(2) His or her available personal income is 200% or
less of the current poverty level, unless the applicant's
assets that are not exempt under Part 9 or 10 of Article
XII of the Code of Civil Procedure are of a nature and
value that the court determines that the applicant is able
to pay the assessments.
(3) He or she is, in the discretion of the court,
unable to proceed in an action with payment of assessments
and whose payment of those assessments would result in
substantial hardship to the person or his or her family.
"Poverty level" means the current poverty level as
established by the United States Department of Health and
Human Services.
(a-5) (Blank). In a county having a population of more
than 3,000,000, "assessments" means any costs imposed on a
criminal defendant under Article 15 of the Criminal and
Traffic Assessment Act, including violation of the Illinois
Vehicle Code assessments. This subsection is inoperative on
and after July 1, 2024.
(b) For criminal offenses reflected in Schedules 1, 3, 4,
5, 7, and 8 of Article 15 of the Criminal and Traffic
Assessment Act, upon the application of any defendant, after
the commencement of an action, but no later than 30 days after
sentencing:
(1) If the court finds that the applicant is an
indigent person, the court shall grant the applicant a

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full assessment waiver exempting him or her from the
payment of any assessments.
(2) The court shall grant the applicant a partial
assessment as follows:
(A) 75% of all assessments shall be waived if the
applicant's available income is greater than 200% but
no more than 250% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or
10 of Article XII of the Code of Civil Procedure are
such that the applicant is able, without undue
hardship, to pay the total assessments.
(B) 50% of all assessments shall be waived if the
applicant's available income is greater than 250% but
no more than 300% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or
10 of Article XII of the Code of Civil Procedure are
such that the court determines that the applicant is
able, without undue hardship, to pay a greater portion
of the assessments.
(C) 25% of all assessments shall be waived if the
applicant's available income is greater than 300% but
no more than 400% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or
10 of Article XII of the Code of Civil Procedure are
such that the court determines that the applicant is
able, without undue hardship, to pay a greater portion

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of the assessments.
(b-5) For traffic and petty offenses reflected in
Schedules 2, 6, 9, 10, and 13 of Article 15 of the Criminal and
Traffic Assessment Act, upon the application of any defendant,
after the commencement of an action, but no later than 30 days
after sentencing, the court shall grant the applicant a
partial assessment as follows:
(1) 50% of all assessments shall be waived if the
court finds that the applicant is an indigent person or if
the applicant's available income is not greater than 200%
of the poverty level, unless the applicant's assets that
are not exempt under Part 9 or 10 of Article XII of the
Code of Civil Procedure are such that the applicant is
able, without undue hardship, to pay the total
assessments.
(2) 37.5% of all assessments shall be waived if the
applicant's available income is greater than 200% but no
more than 250% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or 10
of Article XII of the Code of Civil Procedure are such that
the applicant is able, without undue hardship, to pay the
total assessments.
(3) 25% of all assessments shall be waived if the
applicant's available income is greater than 250% but no
more than 300% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or 10

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of Article XII of the Code of Civil Procedure are such that
the court determines that the applicant is able, without
undue hardship, to pay a greater portion of the
assessments.
(4) 12.5% of all assessments shall be waived if the
applicant's available income is greater than 300% but no
more than 400% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or 10
of Article XII of the Code of Civil Procedure are such that
the court determines that the applicant is able, without
undue hardship, to pay a greater portion of the
assessments.
(c) An application for a waiver of assessments shall be in
writing, signed by the defendant or, if the defendant is a
minor, by another person having knowledge of the facts, and
filed no later than 30 days after sentencing. The contents of
the application for a waiver of assessments, and the procedure
for deciding the applications, shall be established by Supreme
Court Rule. Factors to consider in evaluating an application
shall include:
(1) the applicant's receipt of needs based
governmental public benefits, including Supplemental
Security Income (SSI); Aid to the Aged, Blind and Disabled
(AABD); Temporary Assistance for Needy Families (TANF);
Supplemental Nutrition Assistance Program (SNAP or "food
stamps"); General Assistance; Transitional Assistance; or

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State Children and Family Assistance;
(2) the employment status of the applicant and amount
of monthly income, if any;
(3) income received from the applicant's pension,
Social Security benefits, unemployment benefits, and other
sources;
(4) income received by the applicant from other
household members;
(5) the applicant's monthly expenses, including rent,
home mortgage, other mortgage, utilities, food, medical,
vehicle, childcare, debts, child support, and other
expenses; and
(6) financial affidavits or other similar supporting
documentation provided by the applicant showing that
payment of the imposed assessments would result in
substantial hardship to the applicant or the applicant's
family.
(d) The clerk of court shall provide the application for a
waiver of assessments to any defendant who indicates an
inability to pay the assessments. The clerk of the court shall
post in a conspicuous place in the courthouse a notice, no
smaller than 8.5 x 11 inches and using no smaller than 30-point
typeface printed in English and in Spanish, advising criminal
defendants they may ask the court for a waiver of any court
ordered assessments. The notice shall be substantially as
follows:

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