Public Act 098-1016
 
HB4534 EnrolledLRB098 16972 HEP 52050 b


  
    AN ACT concerning courts.
  
 
    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 after amendment by P.A. 98-606)


    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 $25 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 July 6, 2012 (the effective date of Public 
Act 97-761) 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 June 1, 2014 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, except the 
fee imposed under this subsection may not be of not less than 
$1 nor more than $15. 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 violation listed in subsection 1.6 of this Section.
    1.6.  Starting on June 1, 2014 July 1, 2012 (the effective 
date of Public Act 97-46), 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, except the fee imposed under this subsection 
may not be of not less than $1 nor more than $15. This 
additional fee shall be paid by the defendant upon a judgment 
of guilty or grant of supervision for a 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 Veteran, Youth, and Young Adult 
Conservation Jobs Act, 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, or Section 48-3 or 48-10 of the Criminal Code of 2012. 
    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.  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. 97-46, eff. 7-1-12; 97-453, eff. 8-19-11; 97-738, 
eff. 7-5-12; 97-761, eff. 7-6-12; 97-813, eff. 7-13-12; 
97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-375, eff. 
8-16-13; 98-606, eff. 6-1-14; revised 1-16-14.)
 
 
    Section 99. Effective date. This Act takes effect June 1, 
2014.