Public Act 097-0761
 
SB1047 EnrolledLRB097 04751 RLC 44790 b



    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 5. The Clerks of Courts Act is amended  by changing 
Section 27.3a as follows:
 
 

    (705 ILCS 105/27.3a)

 
    (Text of Section before amendment by P.A. 97-46)
    Sec. 27.3a. Fees for automated record keeping, probation 
and court services operations, and State Police operations. 

    1. The expense of establishing and maintaining automated 
record
keeping systems in the offices of the clerks of the 
circuit court shall
be borne by the county.  To defray such 
expense in any county having
established such an automated 
system or which elects to establish such a
system, the county 
board may require the clerk of the circuit court in
their 
county to charge and collect a court automation fee of not less 
than
 $1 nor more than $15 to be charged and collected by the 
clerk of the court.
Such fee shall be paid at the time of 
filing the first pleading, paper or
other appearance filed by 
each party in all civil cases or by the defendant
in any 
felony, traffic, misdemeanor, municipal ordinance, or 
conservation
case upon a judgment of guilty or grant of 
supervision, provided that
the record keeping system which 
processes the case
category for which the fee is charged is 
automated or has been approved for
automation by the county 
board, and provided further that no additional fee
shall be 
required if more than one party is presented in a single 
pleading,
paper or other appearance.  Such fee shall be 
collected in the manner in
which all other fees or costs are 
collected.

    1.1. Starting on the effective date of this amendatory Act 
of the 97th General Assembly and pursuant to an administrative 
order from the chief judge of the circuit or the presiding 
judge of the county authorizing such collection, a clerk of the 
circuit court in any county that imposes a fee pursuant to 
subsection 1 of this Section shall also charge and collect an 
additional $10 operations fee for probation and court services 
department operations.
    This additional fee shall be paid by the defendant in any 
felony, traffic, misdemeanor, local ordinance, or conservation 
case upon a judgment of guilty or grant of supervision, except 
such $10 operations fee shall not be charged and collected in 
cases governed by Supreme Court Rule 529 in which the bail 
amount is $120 or less. 
    1.2. With respect to the fee imposed and collected under 
subsection 1.1 of this Section, each clerk shall transfer all 
fees monthly to the county treasurer for deposit into the 
probation and court services fund created under Section 15.1 of 
the Probation and Probation Officers Act, and such monies shall 
be disbursed from the fund only at the direction of the chief 
judge of the circuit or another judge designated by the Chief 
Circuit Judge in accordance with the policies and guidelines 
approved by the Supreme Court. 
    1.5. Starting on the effective date of this amendatory Act 
of the 96th General Assembly, a clerk of the circuit court in 
any county that imposes a fee pursuant to subsection 1 of this 
Section, shall charge and collect an additional fee in an 
amount equal to the amount of the fee imposed pursuant to 
subsection 1 of this Section. This additional fee shall be paid 
by the defendant in any felony, traffic, misdemeanor, local 
ordinance, or conservation case upon a judgment of guilty or 
grant of supervision. 
    2. With respect to the fee imposed under subsection 1 of 
this Section, each clerk shall commence such charges and 
collections upon receipt
of written notice from the chairman of 
the county board together with a
certified copy of the board's 
resolution, which the clerk shall file of
record in his office.

    3. With respect to the fee imposed under subsection 1 of 
this Section, such fees shall be in addition to all other fees 
and charges of such
clerks, and assessable as costs, and may be 
waived only if the judge
specifically provides for the waiver 
of the court automation fee.  The
fees shall be remitted monthly 
by such clerk to the county treasurer, to be
retained by him in 
a special fund designated as the court automation fund.
The 
fund shall be audited by the county auditor, and the board 
shall make
expenditure from the fund in payment of any cost 
related to the automation
of court records, including hardware, 
software, research and development
costs and personnel related 
thereto, provided that the expenditure is
approved by the clerk 
of the court and by the chief judge of the circuit
court or his 
designate.

    4. With respect to the fee imposed under subsection 1 of 
this Section, such fees shall not be charged in any matter 
coming to any such clerk
on change of venue, nor in any 
proceeding to review the decision of any
administrative 
officer, agency or body.

    5. With respect to the additional fee imposed under 
subsection 1.5 of this Section, the fee shall be remitted by 
the circuit clerk to the State Treasurer within one month after 
receipt for deposit into the State Police Operations Assistance 
Fund.
    6. With respect to the additional fees imposed under 
subsection 1.5 of this Section, the Director of State Police 
may direct the use of these fees for homeland security purposes 
by transferring these fees on a quarterly basis from the State 
Police Operations Assistance Fund into the Illinois Law 
Enforcement Alarm Systems (ILEAS) Fund for homeland security 
initiatives programs. The transferred fees shall be allocated, 
subject to the approval of the ILEAS Executive Board, as 
follows: (i) 66.6% shall be used for homeland security 
initiatives and (ii) 33.3% shall be used for airborne 
operations. The ILEAS Executive Board shall annually supply the 
Director of State Police with a report of the use of these 
fees. 
(Source: P.A. 96-1029, eff. 7-13-10; 97-453, eff. 8-19-11.)


 
    (Text of Section after amendment by P.A. 97-46)
  
    Sec. 27.3a. Fees for automated record keeping, probation 
and court services operations, and State and Conservation 
Police operations. 

    1. The expense of establishing and maintaining automated 
record
keeping systems in the offices of the clerks of the 
circuit court shall
be borne by the county.  To defray such 
expense in any county having
established such an automated 
system or which elects to establish such a
system, the county 
board may require the clerk of the circuit court in
their 
county to charge and collect a court automation fee of not less 
than
$1 nor more than $15 to be charged and collected by the 
clerk of the court.
Such fee shall be paid at the time of 
filing the first pleading, paper or
other appearance filed by 
each party in all civil cases or by the defendant
in any 
felony, traffic, misdemeanor, municipal ordinance, or 
conservation
case upon a judgment of guilty or grant of 
supervision, provided that
the record keeping system which 
processes the case
category for which the fee is charged is 
automated or has been approved for
automation by the county 
board, and provided further that no additional fee
shall be 
required if more than one party is presented in a single 
pleading,
paper or other appearance.  Such fee shall be 
collected in the manner in
which all other fees or costs are 
collected.

    1.1. Starting on the effective date of this amendatory Act 
of the 97th General Assembly and pursuant to an administrative 
order from the chief judge of the circuit or the presiding 
judge of the county authorizing such collection, a clerk of the 
circuit court in any county that imposes a fee pursuant to 
subsection 1 of this Section shall also charge and collect an 
additional $10 operations fee for probation and court services 
department operations.
    This additional fee shall be paid by the defendant in any 
felony, traffic, misdemeanor, local ordinance, or conservation 
case upon a judgment of guilty or grant of supervision, except 
such $10 operations fee shall not be charged and collected in 
cases governed by Supreme Court Rule 529 in which the bail 
amount is $120 or less. 
    1.2. With respect to the fee imposed and collected under 
subsection 1.1 of this Section, each clerk shall transfer all 
fees monthly to the county treasurer for deposit into the 
probation and court services fund created under Section 15.1 of 
the Probation and Probation Officers Act, and such monies shall 
be disbursed from the fund only at the direction of the chief 
judge of the circuit or another judge designated by the Chief 
Circuit Judge in accordance with the policies and guidelines 
approved by the Supreme Court. 
    1.5. Starting on the effective date of this amendatory Act 
of the 96th General Assembly, a clerk of the circuit court in 
any county that imposes a fee pursuant to subsection 1 of this 
Section, shall charge and collect an additional fee in an 
amount equal to the amount of the fee imposed pursuant to 
subsection 1 of this Section. This additional fee shall be paid 
by the defendant in any felony, traffic, misdemeanor, or local 
ordinance case upon a judgment of guilty or grant of 
supervision. This fee shall not be paid by the defendant for 
any conservation violation listed in subsection 1.6 of this 
Section.
    1.6.  Starting on July 1, 2012 (the effective date of Public 
Act 97-46) this amendatory Act of the 97th General Assembly, a 
clerk of the circuit court in any county that imposes a fee 
pursuant to subsection 1 of this Section shall charge and 
collect an additional fee in an amount equal to the amount of 
the fee imposed pursuant to subsection 1 of this Section. This 
additional fee shall be paid by the defendant upon a judgment 
of guilty or grant of supervision for a conservation violation 
under the State Parks Act, the Recreational Trails of Illinois 
Act, the Illinois Explosives Act, the Timber Buyers Licensing 
Act, the Forest Products Transportation Act, the Firearm Owners 
Identification Card Act, the Environmental Protection Act, the  
Fish and Aquatic Life Code, the Wildlife Code, the Cave 
Protection Act, the Illinois Exotic Weed Act, the Illinois 
Forestry Development Act, the Ginseng Harvesting Act, the 
Illinois Lake Management Program Act, the Illinois Natural 
Areas Preservation Act, the Illinois Open Land Trust Act, the 
Open Space Lands Acquisition and Development Act, the Illinois 
Prescribed Burning Act, the State Forest Act, the Water Use Act 
of 1983, the Illinois Youth and Young Adult Employment Act of 
1986, the Snowmobile Registration and Safety Act, the Boat 
Registration and Safety Act,  the Illinois Dangerous Animals 
Act, the Hunter and Fishermen Interference Prohibition Act, the 
Wrongful Tree Cutting Act, or Section 11-1426.1, 11-1426.2, 
11-1427, 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 
11-1427.5 of the Illinois Vehicle Code. 
    2. With respect to the fee imposed under subsection 1 of 
this Section, each clerk shall commence such charges and 
collections upon receipt
of written notice from the chairman of 
the county board together with a
certified copy of the board's 
resolution, which the clerk shall file of
record in his office.

    3. With respect to the fee imposed under subsection 1 of 
this Section, such fees shall be in addition to all other fees 
and charges of such
clerks, and assessable as costs, and may be 
waived only if the judge
specifically provides for the waiver 
of the court automation fee.  The
fees shall be remitted monthly 
by such clerk to the county treasurer, to be
retained by him in 
a special fund designated as the court automation fund.
The 
fund shall be audited by the county auditor, and the board 
shall make
expenditure from the fund in payment of any cost 
related to the automation
of court records, including hardware, 
software, research and development
costs and personnel related 
thereto, provided that the expenditure is
approved by the clerk 
of the court and by the chief judge of the circuit
court or his 
designate.

    4. With respect to the fee imposed under subsection 1 of 
this Section, such fees shall not be charged in any matter 
coming to any such clerk
on change of venue, nor in any 
proceeding to review the decision of any
administrative 
officer, agency or body.

    5. With respect to the additional fee imposed under 
subsection 1.5 of this Section, the fee shall be remitted by 
the circuit clerk to the State Treasurer within one month after 
receipt for deposit into the State Police Operations Assistance 
Fund. 
    6. With respect to the additional fees imposed under 
subsection 1.5 of this Section, the Director of State Police 
may direct the use of these fees for homeland security purposes 
by transferring these fees on a quarterly basis from the State 
Police Operations Assistance Fund into the Illinois Law 
Enforcement Alarm Systems (ILEAS) Fund for homeland security 
initiatives programs. The transferred fees shall be allocated, 
subject to the approval of the ILEAS Executive Board, as 
follows: (i) 66.6% shall be used for homeland security 
initiatives and (ii) 33.3% shall be used for airborne 
operations. The ILEAS Executive Board shall annually supply the 
Director of State Police with a report of the use of these 
fees. 
    7. 6.  With respect to the additional fee imposed under 
subsection 1.6 of this Section, the fee shall be remitted by 
the circuit clerk to the State Treasurer within one month after 
receipt for deposit into the Conservation Police Operations 
Assistance Fund. 
(Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12; 
97-453, eff. 8-19-11; revised 10-4-11.)


 
    Section 10. The Probation and Probation Officers Act is 
amended  by changing Section 15.1 as follows:
 
    (730 ILCS 110/15.1)  (from Ch. 38, par. 204-7.1)
    Sec. 15.1. Probation and Court Services Fund.

    (a) The county treasurer in each county shall establish a

probation and court services fund consisting of fees collected 
pursuant to
subsection (i) of Section 5-6-3 and subsection (i) 
of Section 5-6-3.1
of the Unified Code of Corrections, 
subsection (10) of Section 5-615
and
subsection (5) of Section 
5-715 of the Juvenile Court Act of 1987, and
paragraph 14.3 of 
subsection (b) of Section 110-10 of the Code of Criminal

Procedure of 1963.
 The
county treasurer shall disburse monies 
from the fund only at the direction
of the chief judge of the 
circuit court in such circuit where the county is
located.  The 
county treasurer of each county shall, on or before January
10 
of each year, submit an annual report to the Supreme Court.


    (b) Monies in the probation and court services fund shall 
be
appropriated by the county board to be used within the 
county or
jurisdiction where
collected in accordance
with 
policies and guidelines approved by the Supreme Court for the 
costs
of operating the probation and court services department 
or departments;
however, except as provided in subparagraphs 
subparagraph (g) and (h), monies
in the probation and court 
services fund shall not be used for the payment
of salaries of 
probation and court services personnel.


    (c) Monies expended from the probation and court services 
fund shall
be used to supplement, not supplant, county 
appropriations for probation
and court services.


    (d) Interest earned on monies deposited in a probation and 
court
services fund may be used by the county for its ordinary 
and contingent
expenditures.


    (e) The county board may appropriate moneys from the 
probation and court
services fund, upon the direction of the 
chief judge, to support programs that
are part of the continuum 
of juvenile delinquency intervention programs which
are or may 
be developed within the county.  The grants from the probation 
and
court services fund shall be for no more than one year and 
may be used for any
expenses attributable to the program 
including administration and oversight of
the program by the 
probation department.


    (f) The county board may appropriate moneys from the 
probation and court
services fund, upon the direction of the 
chief judge, to support practices
endorsed or required under 
the Sex Offender Management Board Act, including but
not 
limited to sex offender evaluation, treatment, and monitoring 
programs that
are or may be developed within the county.


    (g) For the State Fiscal Years 2005, 2006, and 2007
only, 
the Administrative Office of the Illinois Courts may permit a 
county or circuit to use its probation and court services fund 
for the payment of salaries of probation officers and other 
court services personnel whose salaries are reimbursed under 
this Act if the State's FY2005, FY2006, or FY2007 appropriation 
to the Supreme Court for reimbursement to counties for 
probation salaries and services is less than the amount 
appropriated to the Supreme Court for these
purposes for State 
Fiscal Year 2004. The Administrative Office of the Illinois 
Courts shall take into account each county's or circuit's 
probation fee collections and expenditures when apportioning 
the total reimbursement for each county or circuit.

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

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