Sen. John G. Mulroe

Filed: 11/8/2011

09700SB1047sam002LRB097 04751 RLC 59575 a
1
AMENDMENT TO SENATE BILL 1047
2 AMENDMENT NO. ______. Amend Senate Bill 1047 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Clerks of Courts Act is amended by changing
5Section 27.3a as follows:
6 (705 ILCS 105/27.3a)
7 (Text of Section before amendment by P.A. 97-46)
8 Sec. 27.3a. Fees for automated record keeping, probation
9and court services operations, and State Police operations.
10 1. The expense of establishing and maintaining automated
11record keeping systems in the offices of the clerks of the
12circuit court shall be borne by the county. To defray such
13expense in any county having established such an automated
14system or which elects to establish such a system, the county
15board may require the clerk of the circuit court in their
16county to charge and collect a court automation fee of not less

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1than $1 nor more than $15 to be charged and collected by the
2clerk of the court. Such fee shall be paid at the time of
3filing the first pleading, paper or other appearance filed by
4each party in all civil cases or by the defendant in any
5felony, traffic, misdemeanor, municipal ordinance, or
6conservation case upon a judgment of guilty or grant of
7supervision, provided that the record keeping system which
8processes the case category for which the fee is charged is
9automated or has been approved for automation by the county
10board, and provided further that no additional fee shall be
11required if more than one party is presented in a single
12pleading, paper or other appearance. Such fee shall be
13collected in the manner in which all other fees or costs are
14collected.
15 1.1. Starting on the effective date of this amendatory Act
16of the 97th General Assembly and pursuant to an administrative
17order from the chief judge of the circuit or the presiding
18judge of the county authorizing such collection, a clerk of the
19circuit court in any county that imposes a fee pursuant to
20subsection 1 of this Section shall also charge and collect an
21additional $10 operations fee for probation and court services
22department operations.
23 This additional fee shall be paid by the defendant in any
24felony, traffic, misdemeanor, local ordinance, or conservation
25case upon a judgment of guilty or grant of supervision, except
26such $10 operations fee shall not be charged and collected in

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1cases governed by Supreme Court Rule 529 in which the bail
2amount is $120 or less.
3 1.2. With respect to the fee imposed and collected under
4subsection 1.1 of this Section, each clerk shall transfer all
5fees monthly to the county treasurer for deposit into the
6probation and court services fund created under Section 15.1 of
7the Probation and Probation Officers Act, and such monies shall
8be disbursed from the fund only at the direction of the chief
9judge of the circuit or another judge designated by the Chief
10Circuit Judge in accordance with the policies and guidelines
11approved by the Supreme Court.
12 1.5. Starting on the effective date of this amendatory Act
13of the 96th General Assembly, a clerk of the circuit court in
14any county that imposes a fee pursuant to subsection 1 of this
15Section, shall charge and collect an additional fee in an
16amount equal to the amount of the fee imposed pursuant to
17subsection 1 of this Section. This additional fee shall be paid
18by the defendant in any felony, traffic, misdemeanor, local
19ordinance, or conservation case upon a judgment of guilty or
20grant of supervision.
21 2. With respect to the fee imposed under subsection 1 of
22this Section, each clerk shall commence such charges and
23collections upon receipt of written notice from the chairman of
24the county board together with a certified copy of the board's
25resolution, which the clerk shall file of record in his office.
26 3. With respect to the fee imposed under subsection 1 of

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1this Section, such fees shall be in addition to all other fees
2and charges of such clerks, and assessable as costs, and may be
3waived only if the judge specifically provides for the waiver
4of the court automation fee. The fees shall be remitted monthly
5by such clerk to the county treasurer, to be retained by him in
6a special fund designated as the court automation fund. The
7fund shall be audited by the county auditor, and the board
8shall make expenditure from the fund in payment of any cost
9related to the automation of court records, including hardware,
10software, research and development costs and personnel related
11thereto, provided that the expenditure is approved by the clerk
12of the court and by the chief judge of the circuit court or his
13designate.
14 4. With respect to the fee imposed under subsection 1 of
15this Section, such fees shall not be charged in any matter
16coming to any such clerk on change of venue, nor in any
17proceeding to review the decision of any administrative
18officer, agency or body.
19 5. With respect to the additional fee imposed under
20subsection 1.5 of this Section, the fee shall be remitted by
21the circuit clerk to the State Treasurer within one month after
22receipt for deposit into the State Police Operations Assistance
23Fund.
24 6. With respect to the additional fees imposed under
25subsection 1.5 of this Section, the Director of State Police
26may direct the use of these fees for homeland security purposes

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1by transferring these fees on a quarterly basis from the State
2Police Operations Assistance Fund into the Illinois Law
3Enforcement Alarm Systems (ILEAS) Fund for homeland security
4initiatives programs. The transferred fees shall be allocated,
5subject to the approval of the ILEAS Executive Board, as
6follows: (i) 66.6% shall be used for homeland security
7initiatives and (ii) 33.3% shall be used for airborne
8operations. The ILEAS Executive Board shall annually supply the
9Director of State Police with a report of the use of these
10fees.
11(Source: P.A. 96-1029, eff. 7-13-10; 97-453, eff. 8-19-11.)
12 (Text of Section after amendment by P.A. 97-46)
13 Sec. 27.3a. Fees for automated record keeping, probation
14and court services operations, and State and Conservation
15Police operations.
16 1. The expense of establishing and maintaining automated
17record keeping systems in the offices of the clerks of the
18circuit court shall be borne by the county. To defray such
19expense in any county having established such an automated
20system or which elects to establish such a system, the county
21board may require the clerk of the circuit court in their
22county to charge and collect a court automation fee of not less
23than $1 nor more than $15 to be charged and collected by the
24clerk of the court. Such fee shall be paid at the time of
25filing the first pleading, paper or other appearance filed by

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1each party in all civil cases or by the defendant in any
2felony, traffic, misdemeanor, municipal ordinance, or
3conservation case upon a judgment of guilty or grant of
4supervision, provided that the record keeping system which
5processes the case category for which the fee is charged is
6automated or has been approved for automation by the county
7board, and provided further that no additional fee shall be
8required if more than one party is presented in a single
9pleading, paper or other appearance. Such fee shall be
10collected in the manner in which all other fees or costs are
11collected.
12 1.1. Starting on the effective date of this amendatory Act
13of the 97th General Assembly and pursuant to an administrative
14order from the chief judge of the circuit or the presiding
15judge of the county authorizing such collection, a clerk of the
16circuit court in any county that imposes a fee pursuant to
17subsection 1 of this Section shall also charge and collect an
18additional $10 operations fee for probation and court services
19department operations.
20 This additional fee shall be paid by the defendant in any
21felony, traffic, misdemeanor, local ordinance, or conservation
22case upon a judgment of guilty or grant of supervision, except
23such $10 operations fee shall not be charged and collected in
24cases governed by Supreme Court Rule 529 in which the bail
25amount is $120 or less.
26 1.2. With respect to the fee imposed and collected under

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1subsection 1.1 of this Section, each clerk shall transfer all
2fees monthly to the county treasurer for deposit into the
3probation and court services fund created under Section 15.1 of
4the Probation and Probation Officers Act, and such monies shall
5be disbursed from the fund only at the direction of the chief
6judge of the circuit or another judge designated by the Chief
7Circuit Judge in accordance with the policies and guidelines
8approved by the Supreme Court.
9 1.5. Starting on the effective date of this amendatory Act
10of the 96th General Assembly, a clerk of the circuit court in
11any county that imposes a fee pursuant to subsection 1 of this
12Section, shall charge and collect an additional fee in an
13amount equal to the amount of the fee imposed pursuant to
14subsection 1 of this Section. This additional fee shall be paid
15by the defendant in any felony, traffic, misdemeanor, or local
16ordinance case upon a judgment of guilty or grant of
17supervision. This fee shall not be paid by the defendant for
18any conservation violation listed in subsection 1.6 of this
19Section.
20 1.6. Starting on July 1, 2012 (the effective date of Public
21Act 97-46) this amendatory Act of the 97th General Assembly, a
22clerk of the circuit court in any county that imposes a fee
23pursuant to subsection 1 of this Section shall charge and
24collect an additional fee in an amount equal to the amount of
25the fee imposed pursuant to subsection 1 of this Section. This
26additional fee shall be paid by the defendant upon a judgment

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1of guilty or grant of supervision for a conservation violation
2under the State Parks Act, the Recreational Trails of Illinois
3Act, the Illinois Explosives Act, the Timber Buyers Licensing
4Act, the Forest Products Transportation Act, the Firearm Owners
5Identification Card Act, the Environmental Protection Act, the
6Fish and Aquatic Life Code, the Wildlife Code, the Cave
7Protection Act, the Illinois Exotic Weed Act, the Illinois
8Forestry Development Act, the Ginseng Harvesting Act, the
9Illinois Lake Management Program Act, the Illinois Natural
10Areas Preservation Act, the Illinois Open Land Trust Act, the
11Open Space Lands Acquisition and Development Act, the Illinois
12Prescribed Burning Act, the State Forest Act, the Water Use Act
13of 1983, the Illinois Youth and Young Adult Employment Act of
141986, the Snowmobile Registration and Safety Act, the Boat
15Registration and Safety Act, the Illinois Dangerous Animals
16Act, the Hunter and Fishermen Interference Prohibition Act, the
17Wrongful Tree Cutting Act, or Section 11-1426.1, 11-1426.2,
1811-1427, 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or
1911-1427.5 of the Illinois Vehicle Code.
20 2. With respect to the fee imposed under subsection 1 of
21this Section, each clerk shall commence such charges and
22collections upon receipt of written notice from the chairman of
23the county board together with a certified copy of the board's
24resolution, which the clerk shall file of record in his office.
25 3. With respect to the fee imposed under subsection 1 of
26this Section, such fees shall be in addition to all other fees

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1and charges of such clerks, and assessable as costs, and may be
2waived only if the judge specifically provides for the waiver
3of the court automation fee. The fees shall be remitted monthly
4by such clerk to the county treasurer, to be retained by him in
5a special fund designated as the court automation fund. The
6fund shall be audited by the county auditor, and the board
7shall make expenditure from the fund in payment of any cost
8related to the automation of court records, including hardware,
9software, research and development costs and personnel related
10thereto, provided that the expenditure is approved by the clerk
11of the court and by the chief judge of the circuit court or his
12designate.
13 4. With respect to the fee imposed under subsection 1 of
14this Section, such fees shall not be charged in any matter
15coming to any such clerk on change of venue, nor in any
16proceeding to review the decision of any administrative
17officer, agency or body.
18 5. With respect to the additional fee imposed under
19subsection 1.5 of this Section, the fee shall be remitted by
20the circuit clerk to the State Treasurer within one month after
21receipt for deposit into the State Police Operations Assistance
22Fund.
23 6. With respect to the additional fees imposed under
24subsection 1.5 of this Section, the Director of State Police
25may direct the use of these fees for homeland security purposes
26by transferring these fees on a quarterly basis from the State

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1Police Operations Assistance Fund into the Illinois Law
2Enforcement Alarm Systems (ILEAS) Fund for homeland security
3initiatives programs. The transferred fees shall be allocated,
4subject to the approval of the ILEAS Executive Board, as
5follows: (i) 66.6% shall be used for homeland security
6initiatives and (ii) 33.3% shall be used for airborne
7operations. The ILEAS Executive Board shall annually supply the
8Director of State Police with a report of the use of these
9fees.
10 7. 6. With respect to the additional fee imposed under
11subsection 1.6 of this Section, the fee shall be remitted by
12the circuit clerk to the State Treasurer within one month after
13receipt for deposit into the Conservation Police Operations
14Assistance Fund.
15(Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12;
1697-453, eff. 8-19-11; revised 10-4-11.)
17 Section 10. The Probation and Probation Officers Act is
18amended by changing Section 15.1 as follows:
19 (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
20 Sec. 15.1. Probation and Court Services Fund.
21 (a) The county treasurer in each county shall establish a
22probation and court services fund consisting of fees collected
23pursuant to subsection (i) of Section 5-6-3 and subsection (i)
24of Section 5-6-3.1 of the Unified Code of Corrections,

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1subsection (10) of Section 5-615 and subsection (5) of Section
25-715 of the Juvenile Court Act of 1987, and paragraph 14.3 of
3subsection (b) of Section 110-10 of the Code of Criminal
4Procedure of 1963. The county treasurer shall disburse monies
5from the fund only at the direction of the chief judge of the
6circuit court in such circuit where the county is located. The
7county treasurer of each county shall, on or before January 10
8of each year, submit an annual report to the Supreme Court.
9 (b) Monies in the probation and court services fund shall
10be appropriated by the county board to be used within the
11county or jurisdiction where collected in accordance with
12policies and guidelines approved by the Supreme Court for the
13costs of operating the probation and court services department
14or departments; however, except as provided in subparagraphs
15subparagraph (g) and (h), monies in the probation and court
16services fund shall not be used for the payment of salaries of
17probation and court services personnel.
18 (c) Monies expended from the probation and court services
19fund shall be used to supplement, not supplant, county
20appropriations for probation and court services.
21 (d) Interest earned on monies deposited in a probation and
22court services fund may be used by the county for its ordinary
23and contingent expenditures.
24 (e) The county board may appropriate moneys from the
25probation and court services fund, upon the direction of the
26chief judge, to support programs that are part of the continuum

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1of juvenile delinquency intervention programs which are or may
2be developed within the county. The grants from the probation
3and court services fund shall be for no more than one year and
4may be used for any expenses attributable to the program
5including administration and oversight of the program by the
6probation department.
7 (f) The county board may appropriate moneys from the
8probation and court services fund, upon the direction of the
9chief judge, to support practices endorsed or required under
10the Sex Offender Management Board Act, including but not
11limited to sex offender evaluation, treatment, and monitoring
12programs that are or may be developed within the county.
13 (g) For the State Fiscal Years 2005, 2006, and 2007 only,
14the Administrative Office of the Illinois Courts may permit a
15county or circuit to use its probation and court services fund
16for the payment of salaries of probation officers and other
17court services personnel whose salaries are reimbursed under
18this Act if the State's FY2005, FY2006, or FY2007 appropriation
19to the Supreme Court for reimbursement to counties for
20probation salaries and services is less than the amount
21appropriated to the Supreme Court for these purposes for State
22Fiscal Year 2004. The Administrative Office of the Illinois
23Courts shall take into account each county's or circuit's
24probation fee collections and expenditures when apportioning
25the total reimbursement for each county or circuit.
26 (h) The Administrative Office of the Illinois Courts may

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1permit a county or circuit to use its probation and court
2services fund for the payment of salaries of probation officers
3and other court services personnel whose salaries are
4reimbursed under this Act in any State fiscal year that the
5appropriation for reimbursement to counties for probation
6salaries and services is less than the amount appropriated to
7the Supreme Court for these purposes for State Fiscal Year
82002, except that the Administrative Office of the Illinois
9Courts shall adjust this amount appropriated in 2002 by 3% per
10year and may continue to permit use of the probation and court
11services fund for salaries in any State fiscal year where the
12State reimbursement to counties is regularly delayed more than
134 months. The Administrative Office of the Illinois Courts
14shall take into account each county's or circuit's probation
15fee collections and expenditures when appropriating the total
16reimbursement for each county or circuit. Any amount
17appropriated to the Supreme Court in any State fiscal year for
18the purpose of reimbursing Cook County for the salaries and
19operations of the Cook County Juvenile Temporary Detention
20Center shall not be counted in the total appropriation to the
21Supreme Court in that State fiscal year for reimbursement to
22counties for probation salaries and services, for the purposes
23of this paragraph (h).
24(Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707,
25eff. 1-11-08.)

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1 Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
8 Section 99. Effective date. This Act takes effect upon
9becoming law.".