Public Act 094-0980
 		





SB2272 Enrolled
LRB094 17285 HLH 52578 b






    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 
5-1101 as follows:
 
    (55 ILCS 5/5-1101)  (from Ch. 34, par. 5-1101)

    Sec. 5-1101. Additional fees to finance court system.
A 
county board may enact by ordinance or resolution the following 
fees:


    (a) A $5 fee to be paid by the defendant on a judgment of 
guilty or a grant
of supervision for violation of the Illinois 
Vehicle Code other than Section
11-501 or violations of similar 
provisions contained in county or municipal
ordinances 
committed in the county, and up to a $30 fee to be paid by the

defendant on a judgment of guilty or a grant of supervision for 
violation of
Section 11-501 of the Illinois Vehicle Code or a 
violation of a similar
provision contained in county or 
municipal ordinances committed in the county.


    (b) In the case of a county having a population of 
1,000,000 or less,
a $5 fee to be collected in all civil cases 
by the clerk of the circuit court.


    (c) A fee to be paid by the defendant on a judgment of 
guilty or a grant of
supervision under Section 5-9-1 of the 
Unified Code of Corrections, as follows:


        (1) for a felony, $50;


        (2) for a class A misdemeanor, $25;


        (3) for a class B or class C misdemeanor, $15;


        (4) for a petty offense, $10;


        (5) for a business offense, $10.


    (d) A $100 fee for the second and subsequent violations of 
Section
11-501 of the Illinois Vehicle Code or violations of 
similar provisions
contained in county or municipal ordinances 
committed in the county.  The
proceeds of this fee shall be 
placed in the county general fund and used to
finance education 
programs related to driving under the influence of alcohol or

drugs.


    (d-5) A $10 fee to be paid by the defendant on a judgment 
of guilty or a grant of supervision under Section 5-9-1 of the 
Unified Code of Corrections to be placed in the county general 
fund and used to finance the county mental health court.
    (e) In each county in which a teen court, peer court, peer 
jury, youth
court, or
other
youth diversion program has been 
created, a county may adopt a mandatory fee
of up to $5 to be 
assessed as provided in this subsection.  Assessments
collected

by the clerk of the circuit court pursuant to this subsection 
must be deposited
into an
account specifically for the 
operation and administration of a teen court, peer
court, peer 
jury, youth court, or other youth diversion program.  The clerk 
of
the
circuit court shall collect the fees established in this 
subsection and must
remit the
fees to the teen court, peer 
court, peer jury, youth court, or other youth
diversion
program 
monthly, less 5%, which is to be retained as fee income to the 
office
of
the clerk of the circuit court.  The fees are to be 
paid as follows:

        (1) a fee of up to $5 paid by the defendant on a 
    judgment of guilty or
grant of supervision for violation of 
    the Illinois Vehicle Code or violations
of similar 
    provisions contained in county or municipal ordinances 
    committed in
the
county;

        (2) a fee of up to $5 paid by the defendant on a 
    judgment of guilty or
grant of supervision under Section 
    5-9-1 of the Unified Code of Corrections for
a
felony; for 
    a Class A, Class B, or Class C misdemeanor; for a petty 
    offense;
and
for a business offense.


    (f) In each county in which a drug court has been created, 
the county may adopt a mandatory fee of up to $5 to be assessed 
as provided in this subsection. Assessments collected by the 
clerk of the circuit court pursuant to this subsection must be 
deposited into an account specifically for the operation and 
administration of the drug court. The clerk of the circuit 
court shall collect the fees established in this subsection and 
must remit the fees to the drug court, less 5%, which is to be 
retained as fee income to the office of the clerk of the 
circuit court. The fees are to be paid as follows:
        (1) a fee of up to $5 paid by the defendant on a 
    judgment of guilty or grant of supervision for a violation 
    of the Illinois Vehicle Code or a violation   of a similar 
    provision contained in a county or municipal ordinance 
    committed in the county; or
        (2) a fee of up to $5 paid by the defendant on a 
    judgment of guilty or a grant of supervision  under Section 
    5-9-1 of the Unified Code of Corrections for a felony; for 
    a Class A, Class B, or Class C misdemeanor; for a petty 
    offense; and for a business offense.
        
The clerk of the circuit court shall deposit the 5% 
    retained under this subsection into the Circuit Court Clerk 
    Operation and Administrative Fund to be used to defray the 
    costs of collection and disbursement of the drug court fee.
    (g)
(f) The proceeds of all fees enacted under this Section 
must, except as
provided in subsections (d),
and (d-5),
and

(e), and (f) be placed
in the
county general fund and used to

finance the court system in the county, unless the fee is 
subject to
disbursement by the circuit clerk as provided under 
Section 27.5 of the Clerks
of Courts Act.


(Source: P.A. 93-892, eff. 1-1-05; 93-992, eff. 1-1-05; revised 
10-14-04.)

 
    Section 5. The Clerks of Courts Act is amended  by adding 
Section 27.3d as follows:
 
    (705 ILCS 105/27.3d  new)
    Sec. 27.3d. Circuit Court Clerk Operation and 
Administrative Fund. Each circuit court clerk shall create a 
Circuit Court Clerk Operation and Administrative Fund, to be 
used to offset the costs incurred by the circuit court clerk in 
performing the additional  duties required to collect and 
disburse funds to entities of State and local government as 
provided by law. The circuit court clerk shall be the 
custodian, ex officio, of this Fund and shall use the Fund to 
perform the duties required by the office. The Fund shall be 
audited by an auditor retained by the clerk for the purpose of 
conducting an annual audit. Expenditures shall be made from the 
Fund by the circuit court clerk for expenses related to the 
cost of collection for and disbursement to entities of State 
and local government.
 

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