| ||||
| Public Act 097-0673 | ||||
| ||||
| ||||
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 | ||||
Sections 4-2002 and 4-2002.1 and by adding Section 3-4012 as | ||||
follows: | ||||
(55 ILCS 5/3-4012 new) | ||||
Sec. 3-4012. Public defender's fees in counties of | ||||
3,000,000 or more population. The Cook County Public Defender | ||||
shall be entitled to a $2 fee to be paid
by the defendant on a | ||||
judgment of guilty or a grant of supervision for a violation of | ||||
any provision of the Illinois
Vehicle Code or any felony, | ||||
misdemeanor, or petty offense to
discharge the expenses of the | ||||
Cook County Public Defender's office for
establishing and | ||||
maintaining automated record keeping systems.
The fee shall be | ||||
remitted monthly to the county treasurer, to
be deposited by | ||||
him or her into a special fund designated as
the Public | ||||
Defender Records Automation Fund. Expenditures
from this fund | ||||
may be made by the Public Defender for
hardware, software, | ||||
research, and development costs and
personnel related thereto.
| ||||
(55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
| ||||
Sec. 4-2002. State's attorney fees in counties under | ||||
3,000,000
population. This Section applies only to counties | ||
with fewer than
3,000,000 inhabitants.
| ||
(a) State's attorneys shall be entitled to the following | ||
fees, however, the
fee requirement of this subsection does not | ||
apply to county boards:
| ||
For each conviction in prosecutions on indictments for | ||
first degree murder,
second degree murder, involuntary | ||
manslaughter, criminal sexual assault,
aggravated criminal | ||
sexual assault, aggravated criminal sexual abuse,
kidnapping, | ||
arson and forgery, $30. All other cases punishable by | ||
imprisonment
in the penitentiary, $30.
| ||
For each conviction in other cases tried before judges of | ||
the circuit
court, $15; except that if the conviction is in a | ||
case which may be
assigned to an associate judge, whether or | ||
not it is in fact assigned to
an associate judge, the fee shall | ||
be $10.
| ||
For preliminary examinations for each defendant held to | ||
bail or
recognizance, $10.
| ||
For each examination of a party bound over to keep the | ||
peace, $10.
| ||
For each defendant held to answer in a circuit court on a | ||
charge of
paternity, $10.
| ||
For each trial on a charge of paternity, $30.
| ||
For each case of appeal taken from his county or from the | ||
county to
which a change of venue is taken to his county to the | ||
Supreme or
Appellate Court when prosecuted or defended by him, | ||
$50.
| ||
For each day actually employed in the trial of a case, $25; | ||
in which
case the court before whom the case is tried shall | ||
make an order
specifying the number of days for which a per | ||
diem shall be allowed.
| ||
For each day actually employed in the trial of cases of | ||
felony
arising in their respective counties and taken by change | ||
of venue to
another county, $25; and the court before whom the | ||
case is tried shall
make an order specifying the number of days | ||
for which said per diem
shall be allowed; and it is hereby made | ||
the duty of each State's
attorney to prepare and try each case | ||
of felony arising when so taken by
change of venue.
| ||
For assisting in a trial of each case on an indictment for | ||
felony
brought by change of venue to their respective counties, | ||
the same fees
they would be entitled to if such indictment had | ||
been found for an
offense committed in his county, and it shall | ||
be the duty of the
State's attorney of the county to which such | ||
cause is taken by
change of venue to assist in the trial | ||
thereof.
| ||
For each case of forfeited recognizance where the | ||
forfeiture is set
aside at the instance of the defense, in | ||
addition to the ordinary costs,
$10 for each defendant.
| ||
For each proceeding in a circuit court to inquire into the | ||
alleged
mental illness of any person, $10 for each defendant.
| ||
For each proceeding in a circuit court to inquire into the | ||
alleged
dependency or delinquency of any child, $10.
| ||
For each day actually employed in the hearing of a case of | ||
habeas
corpus in which the people are interested, $25.
| ||
For each violation of the Criminal Code of 1961 and the | ||
Illinois Vehicle Code in which a defendant has entered a plea | ||
of guilty or a defendant has stipulated to the facts supporting | ||
the charge or a finding of guilt and the court has entered an | ||
order of supervision, $10.
| ||
State's attorneys shall be entitled to a $2 fee to be paid | ||
by the defendant on a judgment of guilty or a grant of | ||
supervision for a violation of any provision of the Illinois | ||
Vehicle Code or any felony, misdemeanor, or petty offense to | ||
discharge the expenses of the State's Attorney's office for | ||
establishing and maintaining automated record keeping systems. | ||
The fee shall be remitted monthly to the county treasurer, to | ||
be deposited by him or her into a special fund designated as | ||
the State's Attorney Records Automation Fund. Expenditures | ||
from this fund may be made by the State's Attorney for | ||
hardware, software, research, and development costs and | ||
personnel related thereto. | ||
All the foregoing fees shall be taxed as costs to be | ||
collected from
the defendant, if possible, upon conviction. But | ||
in cases of inquiry
into the mental illness of any person | ||
alleged to be mentally ill, in
cases on a charge of paternity | ||
and in cases of appeal in the Supreme or
Appellate Court, where | ||
judgment is in favor of the accused, the fees
allowed the | ||
State's attorney therein shall be retained out of the fines
and | ||
forfeitures collected by them in other cases.
| ||
Ten per cent of all moneys except revenue, collected by | ||
them and paid
over to the authorities entitled thereto, which | ||
per cent together with
the fees provided for herein that are | ||
not collected from the parties
tried or examined, shall be paid | ||
out of any fines and forfeited
recognizances collected by them, | ||
provided however, that in proceedings
to foreclose the lien of | ||
delinquent real estate taxes State's attorneys
shall receive a | ||
fee, to be credited to the earnings of their office, of 10%
of | ||
the total amount realized from the sale of real estate sold in | ||
such
proceedings. Such fees shall be paid from the total amount | ||
realized from
the sale of the real estate sold in such | ||
proceedings.
| ||
State's attorneys shall have a lien for their fees on all | ||
judgments
for fines or forfeitures procured by them and on | ||
moneys except revenue
received by them until such fees and | ||
earnings are fully paid.
| ||
No fees shall be charged on more than 10 counts in any one | ||
indictment
or information on trial and conviction; nor on more | ||
than 10 counts
against any one defendant on pleas of guilty.
| ||
The Circuit Court may direct that of all monies received, | ||
by
restitution or otherwise, which monies are ordered paid to | ||
the
Department of Healthcare and Family Services (formerly | ||
Department of Public Aid) or the Department of Human Services | ||
(acting as
successor to the Department of Public Aid under the | ||
Department of Human
Services Act) as a direct result of the | ||
efforts
of the
State's attorney and which payments arise from | ||
Civil or Criminal
prosecutions involving the Illinois Public | ||
Aid Code or the Criminal Code,
the
following amounts shall be | ||
paid quarterly by the Department of Healthcare and Family | ||
Services or the Department of Human Services to the General | ||
Corporate Fund of
the County in which the prosecution
or cause | ||
of action took place:
| ||
(1) where the monies result from child support | ||
obligations, not
more than 25% of the federal share of the | ||
monies received,
| ||
(2) where the monies result from other than child | ||
support
obligations, not more than 25% of the State's share | ||
of the monies received.
| ||
In addition to any other amounts to which State's Attorneys | ||
are entitled under this Section, State's Attorneys are entitled | ||
to $10 of the fine that is imposed under Section 5-9-1.17 of | ||
the Unified Code of Corrections, as set forth in that Section. | ||
(b) A municipality shall be entitled to a $25 prosecution | ||
fee for each
conviction for a violation of the Illinois Vehicle | ||
Code prosecuted by the
municipal attorney pursuant to Section | ||
16-102 of that Code which is tried
before a circuit or | ||
associate judge and shall be entitled to a $25
prosecution fee | ||
for each conviction for a violation of a municipal vehicle
| ||
ordinance or nontraffic ordinance prosecuted by the municipal | ||
attorney
which is tried before a circuit or associate judge. | ||
Such fee shall be taxed as
costs to be collected from the | ||
defendant, if possible, upon conviction. A
municipality shall | ||
have a lien for such prosecution fees on all judgments or
fines | ||
procured by the municipal attorney from prosecutions for | ||
violations of
the Illinois Vehicle Code and municipal vehicle | ||
ordinances or nontraffic
ordinances.
| ||
For the purposes of this subsection (b), "municipal vehicle | ||
ordinance"
means any ordinance enacted pursuant to Sections | ||
11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois | ||
Municipal Code or any ordinance enacted by a
municipality which | ||
is similar to a provision of Chapter 11 of the Illinois
Vehicle | ||
Code.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 95-385, eff. 1-1-08; | ||
96-707, eff. 1-1-10; 96-1186, eff. 7-22-10.)
| ||
(55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
| ||
Sec. 4-2002.1. State's attorney fees in counties of | ||
3,000,000 or more
population. This Section applies only to | ||
counties with 3,000,000 or more
inhabitants.
| ||
(a) State's attorneys shall be entitled to the following | ||
fees:
| ||
For each conviction in prosecutions on indictments for | ||
first degree
murder, second degree murder, involuntary | ||
manslaughter, criminal sexual
assault, aggravated criminal | ||
sexual assault, aggravated criminal sexual
abuse, kidnapping, | ||
arson and forgery, $60. All other cases punishable by
| ||
imprisonment in the penitentiary, $60.
| ||
For each conviction in other cases tried before judges of | ||
the circuit
court, $30; except that if the conviction is in a | ||
case which may be
assigned to an associate judge, whether or | ||
not it is in fact assigned to
an associate judge, the fee shall | ||
be $20.
| ||
For preliminary examinations for each defendant held to | ||
bail or
recognizance, $20.
| ||
For each examination of a party bound over to keep the | ||
peace, $20.
| ||
For each defendant held to answer in a circuit court on a | ||
charge of
paternity, $20.
| ||
For each trial on a charge of paternity, $60.
| ||
For each case of appeal taken from his county or from the | ||
county to
which a change of venue is taken to his county to the | ||
Supreme or
Appellate Court when prosecuted or defended by him, | ||
$100.
| ||
For each day actually employed in the trial of a case, $50; | ||
in which
case the court before whom the case is tried shall | ||
make an order
specifying the number of days for which a per | ||
diem shall be allowed.
| ||
For each day actually employed in the trial of cases of | ||
felony
arising in their respective counties and taken by change | ||
of venue to
another county, $50; and the court before whom the | ||
case is tried shall
make an order specifying the number of days | ||
for which said per diem
shall be allowed; and it is hereby made | ||
the duty of each State's
attorney to prepare and try each case | ||
of felony arising when so taken by
change of venue.
| ||
For assisting in a trial of each case on an indictment for | ||
felony
brought by change of venue to their respective counties, | ||
the same fees
they would be entitled to if such indictment had | ||
been found for an
offense committed in his county, and it shall | ||
be the duty of the
State's attorney of the county to which such | ||
cause is taken by
change of venue to assist in the trial | ||
thereof.
| ||
For each case of forfeited recognizance where the | ||
forfeiture is set
aside at the instance of the defense, in | ||
addition to the ordinary costs,
$20 for each defendant.
| ||
For each proceeding in a circuit court to inquire into the | ||
alleged
mental illness of any person, $20 for each defendant.
| ||
For each proceeding in a circuit court to inquire into the | ||
alleged
dependency or delinquency of any child, $20.
| ||
For each day actually employed in the hearing of a case of | ||
habeas
corpus in which the people are interested, $50.
| ||
All the foregoing fees shall be taxed as costs to be | ||
collected from
the defendant, if possible, upon conviction. But | ||
in cases of inquiry
into the mental illness of any person | ||
alleged to be mentally ill, in
cases on a charge of paternity | ||
and in cases of appeal in the Supreme or
Appellate Court, where | ||
judgment is in favor of the accused, the fees
allowed the | ||
State's attorney therein shall be retained out of the fines
and | ||
forfeitures collected by them in other cases.
| ||
Ten per cent of all moneys except revenue, collected by | ||
them and paid
over to the authorities entitled thereto, which | ||
per cent together with
the fees provided for herein that are | ||
not collected from the parties
tried or examined, shall be paid | ||
out of any fines and forfeited
recognizances collected by them, | ||
provided however, that in proceedings
to foreclose the lien of | ||
delinquent real estate taxes State's attorneys
shall receive a | ||
fee, to be credited to the earnings of their office, of 10%
of | ||
the total amount realized from the sale of real estate sold in | ||
such
proceedings. Such fees shall be paid from the total amount | ||
realized from
the sale of the real estate sold in such | ||
proceedings.
| ||
State's attorneys shall have a lien for their fees on all | ||
judgments
for fines or forfeitures procured by them and on | ||
moneys except revenue
received by them until such fees and | ||
earnings are fully paid.
| ||
No fees shall be charged on more than 10 counts in any one | ||
indictment
or information on trial and conviction; nor on more | ||
than 10 counts
against any one defendant on pleas of guilty.
| ||
The Circuit Court may direct that of all monies received, | ||
by
restitution or otherwise, which monies are ordered paid to | ||
the
Department of Healthcare and Family Services (formerly | ||
Department of Public Aid) or the Department of Human Services | ||
(acting as
successor to the Department of Public Aid under the | ||
Department of Human
Services Act) as a direct result of the | ||
efforts
of the
State's attorney and which payments arise from | ||
Civil or Criminal
prosecutions involving the Illinois Public | ||
Aid Code or the Criminal Code,
the
following amounts shall be | ||
paid quarterly by the Department of Healthcare and Family | ||
Services or the Department of Human Services to the General | ||
Corporate Fund of
the County in which the prosecution
or cause | ||
of action took place:
| ||
(1) where the monies result from child support | ||
obligations, not
less than 25% of the federal share of the | ||
monies received,
| ||
(2) where the monies result from other than child | ||
support
obligations, not less than 25% of the State's share | ||
of the monies received.
| ||
In addition to any other amounts to which State's Attorneys | ||
are entitled under this Section, State's Attorneys are entitled | ||
to $10 of the fine that is imposed under Section 5-9-1.17 of | ||
the Unified Code of Corrections, as set forth in that Section. | ||
(b) A municipality shall be entitled to a $25 prosecution | ||
fee for each
conviction for a violation of the Illinois Vehicle | ||
Code prosecuted by the
municipal attorney pursuant to Section | ||
16-102 of that Code which is tried
before a circuit or | ||
associate judge and shall be entitled to a $25
prosecution fee | ||
for each conviction for a violation of a municipal vehicle
| ||
ordinance prosecuted by the municipal attorney which is tried | ||
before a
circuit or associate judge. Such fee shall be taxed as | ||
costs to be
collected from the defendant, if possible, upon | ||
conviction. A municipality
shall have a lien for such | ||
prosecution fees on all judgments or fines
procured by the | ||
municipal attorney from prosecutions for violations of the
| ||
Illinois Vehicle Code and municipal vehicle ordinances.
| ||
(c) State's attorneys shall be entitled to a $2 fee to be | ||
paid
by the defendant on a judgment of guilty or a grant of | ||
supervision for a violation of any provision of the Illinois
| ||
Vehicle Code or any felony, misdemeanor, or petty offense to
| ||
discharge the expenses of the State's Attorney's office for
| ||
establishing and maintaining automated record keeping systems.
| ||
The fee shall be remitted monthly to the county treasurer, to
| ||
be deposited by him or her into a special fund designated as
| ||
the State's Attorney Records Automation Fund. Expenditures
| ||
from this fund may be made by the State's Attorney for
| ||
hardware, software, research, and development costs and
| ||
personnel related thereto. | ||
For the purposes of this subsection (b), "municipal vehicle | ||
ordinance"
means any ordinance enacted pursuant to Sections | ||
11-40-1, 11-40-2, 11-40-2a, and
11-40-3 of the Illinois | ||
Municipal Code or any ordinance enacted by a
municipality which | ||
is similar to a provision of Chapter 11 of the Illinois
Vehicle | ||
Code.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 96-707, eff. 1-1-10; | ||
96-1186, eff. 7-22-10.)
| ||