Bill Text: IL SB3413 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Counties Code. Reenacts a court services fee repealed by Public Act 100-987. Change the name of the fee to an assessment and provides that the assessment will be in addition to assessments in the Criminal and Traffic Assessment Act. Removes references to repealed cross references. Makes a conforming change in the Code. Amends the Criminal and Traffic Assessment Act making conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3413 Detail]

Download: Illinois-2019-SB3413-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3413 Introduced 2/13/2020, by Sen. Brian W. Stewart SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-6023 from Ch. 34, par. 3-6023
55 ILCS 5/5-1103 from Ch. 34, par. 5-1103
55 ILCS 5/5-1103.05 new
705 ILCS 135/905-43
Amends the Counties Code. Reenacts a court services fee repealed by Public Act 100-987. Change the name of the fee to an assessment and provides that the assessment will be in addition to assessments in the Criminal and Traffic Assessment Act. Removes references to repealed cross references. Makes a conforming change in the Code. Amends the Criminal and Traffic Assessment Act making conforming changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing Section
3-6023, by reenacting and changing Section 5-1103, and by
adding Section 5-1103.05 as follows:
(55 ILCS 5/3-6023) (from Ch. 34, par. 3-6023)
Sec. 3-6023. Attendance at courts. Each sheriff shall, in
person or by deputy, county corrections officer, or court
security officer, attend upon all courts held in his or her
county when in session, and obey the lawful orders and
directions of the court, and shall maintain the security of the
courthouse. Court services customarily performed by sheriffs
shall be provided by the sheriff or his or her deputies, county
corrections officers, or court security officers, rather than
by employees of the court, unless there are no deputies, county
corrections officers, or court security officers available to
perform such services. The expenses of the sheriff in carrying
out his or her duties under this Section, including the
compensation of deputies, county corrections officers, or
court security officers assigned to such services, shall be
paid to the county from assessments fees collected pursuant to
court order for services of the sheriff and from any court

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services assessments fees collected by the county under the
Criminal and Traffic Assessment Act and Section 5-1103 of this
Code.
(Source: P.A. 100-987, eff. 7-1-19.)
(55 ILCS 5/5-1103) (from Ch. 34, par. 5-1103)
Sec. 5-1103. Court services fee. In addition to any
assessment provided for under the Criminal and Traffic
Assessment Act, a A county board may enact by ordinance or
resolution a court services assessment fee dedicated to
defraying court security expenses incurred by the sheriff in
providing court services or for any other court services deemed
necessary by the sheriff to provide for court security,
including without limitation court services provided pursuant
to Section 3-6023, as now or hereafter amended. Such assessment
fee shall be paid in civil cases by each party at the time of
filing the first pleading, paper or other appearance; provided
that no additional assessment fee shall be required if more
than one party is represented in a single pleading, paper or
other appearance. In criminal, local ordinance, county
ordinance, traffic and conservation cases, such assessment fee
shall be assessed against the defendant upon a plea of guilty,
stipulation of facts or findings of guilty, resulting in a
judgment of conviction, or order of supervision, or sentence of
probation without entry of judgment pursuant to Section 10 of
the Cannabis Control Act, Section 410 of the Illinois

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Controlled Substances Act, Section 70 of the Methamphetamine
Control and Community Protection Act, Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05 of the Criminal Code of
1961 or the Criminal Code of 2012, or Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, or Section 10 of the
Steroid Control Act. In setting such assessment fee, the county
board may impose, with the concurrence of the Chief Judge of
the judicial circuit in which the county is located by
administrative order entered by the Chief Judge, differential
rates for the various types or categories of criminal and civil
cases, but the maximum rate shall not exceed $25, unless the
assessment fee is set according to an acceptable cost study in
accordance with Section 4-5001 of the Counties Code. All
proceeds from this assessment fee must be used to defray court
security expenses incurred by the sheriff in providing court
services. No assessment fee shall be imposed or collected,
however, in traffic, conservation, and ordinance cases in which
fines are paid without a court appearance. The assessments fees
shall be collected in the manner in which all other court
assessments fees or costs are collected and shall be deposited
into the county general fund for payment solely of costs
incurred by the sheriff in providing court security or for any
other court services deemed necessary by the sheriff to provide
for court security.
(Source: P.A. 99-265, eff. 1-1-16; 100-759, eff. 1-1-19.)

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(55 ILCS 5/5-1103.05 new)
Sec. 5-1103.05. Continuation of Section 5-1103; validation
under this amendatory Act of the 101st General Assembly.
(a) The General Assembly finds and declares all of the
following:
(1) Public Act 100-987, which took effect on August 20,
2018, repealed Section 5-1103 of this Code.
(2) The Statute on Statutes sets forth general rules on
the repeal of statutes and the construction of multiple
amendments, but Section 1 of that Act also states that
these rules will not be observed when the result would be
"inconsistent with the manifest intent of the General
Assembly or repugnant to the context of the statute".
(3) This amendatory Act of the 101st General Assembly
manifests the intention of the General Assembly not to
repeal Section 5-1103 of this Code and have that Section
continue in effect until it is otherwise lawfully repealed.
(4) Section 5-1103 of this Code was originally enacted
to protect, promote, and preserve the general welfare. Any
construction of this Code that results in the repeal of
Section 5-1103 on August 20, 2018 would be inconsistent
with the manifest intent of the General Assembly and
repugnant to the context of this Code.
(b) It is declared to have been the intent of the General
Assembly that Section 5-1103 of this Code not be subject to

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repeal on August 20, 2018.
(c) Section 5-1103 of this Code shall be deemed to have
been in continuous effect since August 20, 2018, and it shall
continue to be in effect until it is otherwise lawfully
repealed. All previously enacted amendments to Section 5-1103
taking effect on or after August 20, 2018 are validated. All
actions taken in reliance on or under Section 5-1103 by any
person or entity are validated.
(d) In order to ensure the continuing effectiveness of
Section 5-1103 of this Code, Section 5-1103 is set forth in
full and reenacted by this amendatory Act of the 101st General
Assembly. Striking and underscoring are used only to show
changes being made to the base text. This reenactment is
intended as a continuation of Section 5-1103. This reenactment
applies to all claims, civil actions, and proceedings pending
on or filed on or before the effective date of this amendatory
Act of the 101st General Assembly.
Section 10. The Criminal and Traffic Assessment Act is
amended by changing Section 905-43 as follows:
(705 ILCS 135/905-43)
Sec. 905-43. The Counties Code is amended by repealing
Sections 3-4012, 4-2002, 4-2002.1, 5-1101, and 5-1101.5, and
5-1103.
(Source: P.A. 100-987, eff. 7-1-19.)

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Section 99. Effective date. This Act takes effect upon
becoming law.