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| Public Act 098-0373 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Section 5-9-3 as follows:
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(730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
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Sec. 5-9-3. Default.
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(a) An offender who defaults in the payment of a fine or
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any
installment of that fine may be held in contempt and | ||||
imprisoned for nonpayment. The
court may issue a summons for | ||||
his appearance or a warrant of arrest.
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(b) Unless the offender shows that his default was not due | ||||
to his
intentional refusal to pay, or not due to a failure on | ||||
his part to make a
good faith effort to pay, the court may | ||||
order the offender imprisoned for a
term not to exceed 6 months | ||||
if the fine was for a felony, or 30 days if the
fine was for a | ||||
misdemeanor, a petty offense or a business offense. Payment
of | ||||
the fine at any time will entitle the offender to be released, | ||||
but
imprisonment under this Section shall not satisfy the | ||||
payment of the fine.
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(c) If it appears that the default in the payment of a fine | ||||
is not
intentional under paragraph (b) of this Section, the | ||||
court may enter an
order allowing the offender additional time | ||||
for payment, reducing the
amount of the fine or of each | ||
installment, or revoking the fine or the
unpaid portion.
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(d) When a fine is imposed on a corporation or | ||
unincorporated
organization or association, it is the duty of | ||
the person or persons
authorized to make disbursement of | ||
assets, and their superiors, to pay the
fine from assets of the | ||
corporation or unincorporated organization or
association. The | ||
failure of such persons to do so shall render them subject
to | ||
proceedings under paragraphs (a) and (b) of this Section.
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(e) A default in the payment of a fine, fee, cost, order of | ||
restitution, judgment of bond forfeiture, judgment order of | ||
forfeiture, or any installment thereof
may be
collected by any | ||
and all means authorized for the collection of money judgments. | ||
The State's Attorney of the county in which the fine, fee, | ||
cost, order of restitution, judgment of bond forfeiture, or | ||
judgment order of forfeiture was imposed may retain
attorneys | ||
and private collection agents for the purpose of collecting any
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default in payment of any fine, fee, cost, order of | ||
restitution, judgment of bond forfeiture, judgment order of | ||
forfeiture, or installment thereof. An additional fee of 30% of | ||
the delinquent amount and each taxable court cost including, | ||
without limitation, costs of service of process, shall is to be | ||
charged to the offender for any amount of the fine, fee, cost, | ||
restitution, or judgment of bond forfeiture or installment of | ||
the fine, fee, cost, restitution, or judgment of bond | ||
forfeiture that remains unpaid after the time fixed for payment | ||
of the fine, fee, cost, restitution, or judgment of bond | ||
forfeiture by the court. The additional fee shall be payable to | ||
the State's Attorney in order to compensate the State's | ||
Attorney for costs incurred in collecting the delinquent | ||
amount. The State's Attorney may enter into agreements | ||
assigning any portion of the fee to the retained attorneys or | ||
the private collection agent retained by the State's Attorney. | ||
Any agreement between the State's Attorney and the retained | ||
attorneys or collection agents shall require the approval of | ||
the Circuit Clerk of that county. A default in payment of a | ||
fine, fee, cost, restitution, or judgment of bond forfeiture | ||
shall draw interest at the rate of 9% per annum.
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(Source: P.A. 95-514, eff. 1-1-08; 95-606, eff. 6-1-08; 95-876, | ||
eff. 8-21-08.)
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