Public Act 097-0673
 
SB1697 EnrolledLRB097 05391 KMW 45449 b


  
    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.)

  


Effective Date:  6/1/2012