SB1886 102ND GENERAL ASSEMBLY

LRB102 15523 AWJ 20886 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1886

Introduced 2/26/2021, by Sen. Brian W. Stewart

SYNOPSIS AS INTRODUCED:

55 ILCS 5/3-6023	from Ch. 34, par. 3-6023
55 ILCS 5/5-1103	from Ch. 34, par. 5-1103
55 ILCS 5/5-1103.05 new
705 ILCS 135/905-43

Amends the Counties Code. Reenacts a court services fee repealed by Public Act 100-987. Change the name of the fee to an assessment and provides that the assessment will be in addition to assessments in the Criminal and Traffic Assessment Act. Removes references to repealed cross references. Makes a conforming change in the Code. Amends the Criminal and Traffic Assessment Act making conforming changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 3-6023, by reenacting and changing Section 5-1103, and by adding Section 5-1103.05 as follows:

(55 ILCS 5/3-6023) (from Ch. 34, par. 3-6023)

Sec. 3-6023. Attendance at courts. Each sheriff shall, in person or by deputy, county corrections officer, or court security officer, attend upon all courts held in his or her county when in session, and obey the lawful orders and directions of the court, and shall maintain the security of the courthouse. Court services customarily performed by sheriffs shall be provided by the sheriff or his or her deputies, county corrections officers, or court security officers, rather than by employees of the court, unless there are no deputies, county corrections officers, or court security officers available to perform such services. The expenses of the sheriff in carrying out his or her duties under this Section, including the compensation of deputies, county corrections officers, or court security officers assigned to such services, shall be paid to the county from assessments fees collected pursuant to court order for services of the sheriff and from any court services assessments fees collected by the county under the Criminal and Traffic Assessment Act and Section 5-1103 of this Code.

(Source: P.A. 100-987, eff. 7-1-19.)

(55 ILCS 5/5-1103) (from Ch. 34, par. 5-1103)

Sec. 5-1103. Court services fee. In addition to any assessment provided for under the Criminal and Traffic Assessment Act, a A county board may enact by ordinance or resolution a court services assessment fee dedicated to defraying court security expenses incurred by the sheriff in providing court services or for any other court services deemed necessary by the sheriff to provide for court security, including without limitation court services provided pursuant to Section 3-6023, as now or hereafter amended. Such assessment fee shall be paid in civil cases by each party at the time of filing the first pleading, paper or other appearance; provided that no additional assessment fee shall be required if more than one party is represented in a single pleading, paper or other appearance. In criminal, local ordinance, county ordinance, traffic and conservation cases, such assessment fee shall be assessed against the defendant upon a plea of guilty, stipulation of facts or findings of guilty, resulting in a judgment of conviction, or order of supervision, or sentence of probation without entry of judgment pursuant to Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, or Section 10 of the Steroid Control Act. In setting such assessment fee, the county board may impose, with the concurrence of the Chief Judge of the judicial circuit in which the county is located by administrative order entered by the Chief Judge, differential rates for the various types or categories of criminal and civil cases, but the maximum rate shall not exceed $25, unless the assessment fee is set according to an acceptable cost study in accordance with Section 4-5001 of the Counties Code. All proceeds from this assessment fee must be used to defray court security expenses incurred by the sheriff in providing court services. No assessment fee shall be imposed or collected, however, in traffic, conservation, and ordinance cases in which fines are paid without a court appearance. The assessments fees shall be collected in the manner in which all other court assessments fees or costs are collected and shall be deposited into the county general fund for payment solely of costs incurred by the sheriff in providing court security or for any other court services deemed necessary by the sheriff to provide for court security.

(Source: P.A. 99-265, eff. 1-1-16; 100-759, eff. 1-1-19.)

(55 ILCS 5/5-1103.05 new)

Sec. 5-1103.05. Continuation of Section 5-1103; validation under this amendatory Act of the 102nd General Assembly.

(a) The General Assembly finds and declares all of the following:

(1) Public Act 100-987, which took effect on August 20, 2018, repealed Section 5-1103 of this Code.

(2) The Statute on Statutes sets forth general rules on the repeal of statutes and the construction of multiple amendments, but Section 1 of that Act also states that these rules will not be observed when the result would be "inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute".

(3) This amendatory Act of the 102nd General Assembly manifests the intention of the General Assembly not to repeal Section 5-1103 of this Code and have that Section continue in effect until it is otherwise lawfully repealed.

(4) Section 5-1103 of this Code was originally enacted to protect, promote, and preserve the general welfare. Any construction of this Code that results in the repeal of Section 5-1103 on August 20, 2018 would be inconsistent with the manifest intent of the General Assembly and repugnant to the context of this Code.

(b) It is declared to have been the intent of the General Assembly that Section 5-1103 of this Code not be subject to repeal on August 20, 2018.

(c) Section 5-1103 of this Code shall be deemed to have been in continuous effect since August 20, 2018, and it shall continue to be in effect until it is otherwise lawfully repealed. All previously enacted amendments to Section 5-1103 taking effect on or after August 20, 2018 are validated. All actions taken in reliance on or under Section 5-1103 by any person or entity are validated.

(d) In order to ensure the continuing effectiveness of Section 5-1103 of this Code, Section 5-1103 is set forth in full and reenacted by this amendatory Act of the 102nd General Assembly. Striking and underscoring are used only to show changes being made to the base text. This reenactment is intended as a continuation of Section 5-1103. This reenactment applies to all claims, civil actions, and proceedings pending on or filed on or before the effective date of this amendatory Act of the 102nd General Assembly.

Section 10. The Criminal and Traffic Assessment Act is amended by changing Section 905-43 as follows:

(705 ILCS 135/905-43)

Sec. 905-43. The Counties Code is amended by repealing Sections 3-4012, 4-2002, 4-2002.1, 5-1101, and 5-1101.5, and 5-1103.

(Source: P.A. 100-987, eff. 7-1-19.)

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