Bill Text: IL SB0583 | 2021-2022 | 102nd General Assembly | Chaptered
Bill Title: Amends the Local Records Act. Provides that reports and records of the obligation, receipt, and use of public funds of the Clerk of the Circuit Court of Cook County are public records available for inspection by the public. Amends the Clerks of Courts Act. Provides that the clerk of the court shall (rather than may) accept credit card payments over the Internet for specified payments. Amends the Criminal and Traffic Assessment Act. Provides that one hour of public or community service shall be equivalent to $10 (rather than $4) of assessment.
Spectrum: Strong Partisan Bill (Democrat 21-2)
Status: (Passed) 2021-08-13 - Public Act . . . . . . . . . 102-0356 [SB0583 Detail]
Download: Illinois-2021-SB0583-Chaptered.html
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Public Act 102-0356 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Local Records Act is amended by changing | ||||
Section 3a as follows:
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(50 ILCS 205/3a) (from Ch. 116, par. 43.103a)
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Sec. 3a. Reports and records of the obligation, receipt , | ||||
and use of
public funds
of the Clerk of the Circuit Court of | ||||
Cook County, units of local government , and school districts, | ||||
including certified
audits, management letters and other audit | ||||
reports made by the Auditor General,
County Auditors, other | ||||
officers or by licensed Certified Public Accountants permitted | ||||
to perform audits under the Illinois Public Accounting Act
and | ||||
presented to the corporate authorities or boards of the units | ||||
of local
government, are public records
available for | ||||
inspection by the public. These records shall be kept at the
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official place of business of the Clerk of the Circuit Court of | ||||
Cook County and each unit of local government and school
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district or at a designated place of business of the unit or | ||||
district.
These records shall be available for public | ||||
inspection during regular
office hours except when in | ||||
immediate use by persons exercising official
duties which | ||||
require the use of those records. The person in charge of such
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records may require a notice in writing to be submitted 24 | ||
hours prior to
inspection and may require that such notice | ||
specify which records are to be
inspected. Nothing in this | ||
Section shall require units of local
government
and school | ||
districts to invade or assist in the invasion of any person's
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right to privacy.
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(Source: P.A. 94-465, eff. 8-4-05.)
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Section 10. The Clerks of Courts Act is amended by | ||
changing Section 27.3b as follows:
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(705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
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(Text of Section before amendment by P.A. 101-652 )
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Sec. 27.3b. The clerk of court may accept payment of | ||
fines, penalties,
or costs
by certified check, credit card ,
or | ||
debit card
approved by the clerk from an offender who has been
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convicted of or placed on court supervision for a traffic
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offense, petty offense, ordinance offense, or misdemeanor or | ||
who has been
convicted of a felony offense. The clerk of the | ||
circuit court shall may accept
credit card payments over the | ||
Internet for fines, penalties, court costs, or costs from
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offenders on voluntary electronic pleas of guilty in minor | ||
traffic and
conservation offenses to satisfy the requirement | ||
of written pleas of guilty as
provided in Illinois Supreme | ||
Court Rule 529. The clerk of the court may also
accept
payment | ||
of statutory fees by a credit card or debit card.
The clerk of |
the court may
also accept the credit card
or debit card
for the | ||
cash deposit of bail bond fees.
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The clerk of the circuit court is authorized to enter into | ||
contracts
with credit card
or debit card
companies approved by | ||
the clerk and to negotiate the payment of convenience
and | ||
administrative fees normally charged by those companies for | ||
allowing the clerk of the circuit
court to accept their credit | ||
cards
or debit cards
in payment as authorized herein. The | ||
clerk of the circuit court is authorized
to enter into | ||
contracts with third party fund guarantors, facilitators, and
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service providers under which those entities may contract | ||
directly with
customers of
the clerk of the circuit court and | ||
guarantee and remit the payments to the
clerk of the circuit | ||
court. Where the
offender pays fines, penalties, or costs by | ||
credit card or debit card or through a third party fund | ||
guarantor, facilitator, or service
provider,
or anyone paying
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statutory fees of
the circuit court clerk or the posting of | ||
cash bail, the clerk shall
collect a service fee of up to $5 or | ||
the amount charged to the clerk for use of
its services by
the | ||
credit card or debit card issuer, third party fund guarantor,
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facilitator, or service provider. This service fee shall be
in | ||
addition to any other fines, penalties, or
costs. The clerk of | ||
the circuit court is authorized to negotiate the
assessment of | ||
convenience and administrative fees by the third party fund
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guarantors, facilitators, and service providers with the | ||
revenue earned by the
clerk of the circuit court to be remitted
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to the
county general revenue fund.
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As used in this Section, "certified check" has the meaning
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provided in Section 3-409 of the Uniform Commercial Code. | ||
(Source: P.A. 95-331, eff. 8-21-07.)
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(Text of Section after amendment by P.A. 101-652 )
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Sec. 27.3b. The clerk of court may accept payment of | ||
fines, penalties,
or costs
by certified check, credit card ,
or | ||
debit card
approved by the clerk from an offender who has been
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convicted of or placed on court supervision for a traffic
| ||
offense, petty offense, ordinance offense, or misdemeanor or | ||
who has been
convicted of a felony offense. The clerk of the | ||
circuit court shall may accept
credit card payments over the | ||
Internet for fines, penalties, court costs, or costs from
| ||
offenders on voluntary electronic pleas of guilty in minor | ||
traffic and
conservation offenses to satisfy the requirement | ||
of written pleas of guilty as
provided in Illinois Supreme | ||
Court Rule 529. The clerk of the court may also
accept
payment | ||
of statutory fees by a credit card or debit card.
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The clerk of the circuit court is authorized to enter into | ||
contracts
with credit card
or debit card
companies approved by | ||
the clerk and to negotiate the payment of convenience
and | ||
administrative fees normally charged by those companies for | ||
allowing the clerk of the circuit
court to accept their credit | ||
cards
or debit cards
in payment as authorized herein. The | ||
clerk of the circuit court is authorized
to enter into |
contracts with third party fund guarantors, facilitators, and
| ||
service providers under which those entities may contract | ||
directly with
customers of
the clerk of the circuit court and | ||
guarantee and remit the payments to the
clerk of the circuit | ||
court. Where the
offender pays fines, penalties, or costs by | ||
credit card or debit card or through a third party fund | ||
guarantor, facilitator, or service
provider,
or anyone paying
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statutory fees of
the circuit court clerk, the clerk shall
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collect a service fee of up to $5 or the amount charged to the | ||
clerk for use of
its services by
the credit card or debit card | ||
issuer, third party fund guarantor,
facilitator, or service | ||
provider. This service fee shall be
in addition to any other | ||
fines, penalties, or
costs. The clerk of the circuit court is | ||
authorized to negotiate the
assessment of convenience and | ||
administrative fees by the third party fund
guarantors, | ||
facilitators, and service providers with the revenue earned by | ||
the
clerk of the circuit court to be remitted
to the
county | ||
general revenue fund.
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As used in this Section, "certified check" has the meaning
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provided in Section 3-409 of the Uniform Commercial Code. | ||
(Source: P.A. 101-652, eff. 1-1-23.)
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