103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3170 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: 705 ILCS 105/27.1b705 ILCS 135/15-70705 ILCS 135/20-5 730 ILCS 5/5-9-1.4 from Ch. 38, par. 1005-9-1.4 730 ILCS 5/5-9-1.9 Amends the Criminal and Traffic Assessment Act. Repeals the Act on January 1, 2028 (rather than January 1, 2024). Makes a conforming change in the Clerks of Courts Act. Amends the Unified Code of Corrections. Provides that any person (rather than only any minor) adjudicated delinquent for an offense which if committed by an adult would constitute a violation of (i) the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Steroid Control Act shall be required to pay a criminal laboratory analysis assessment of $100 for each adjudication or (ii) a provision regarding driving while under the influence of the Illinois Vehicle Code shall pay a crime laboratory DUI analysis assessment of $150 for each adjudication. Effective immediately. LRB103 30497 LNS 56930 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3170 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: 705 ILCS 105/27.1b705 ILCS 135/15-70705 ILCS 135/20-5 730 ILCS 5/5-9-1.4 from Ch. 38, par. 1005-9-1.4 730 ILCS 5/5-9-1.9 705 ILCS 105/27.1b 705 ILCS 135/15-70 705 ILCS 135/20-5 730 ILCS 5/5-9-1.4 from Ch. 38, par. 1005-9-1.4 730 ILCS 5/5-9-1.9 Amends the Criminal and Traffic Assessment Act. Repeals the Act on January 1, 2028 (rather than January 1, 2024). Makes a conforming change in the Clerks of Courts Act. Amends the Unified Code of Corrections. Provides that any person (rather than only any minor) adjudicated delinquent for an offense which if committed by an adult would constitute a violation of (i) the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Steroid Control Act shall be required to pay a criminal laboratory analysis assessment of $100 for each adjudication or (ii) a provision regarding driving while under the influence of the Illinois Vehicle Code shall pay a crime laboratory DUI analysis assessment of $150 for each adjudication. Effective immediately. LRB103 30497 LNS 56930 b LRB103 30497 LNS 56930 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3170 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
705 ILCS 105/27.1b705 ILCS 135/15-70705 ILCS 135/20-5 730 ILCS 5/5-9-1.4 from Ch. 38, par. 1005-9-1.4 730 ILCS 5/5-9-1.9 705 ILCS 105/27.1b 705 ILCS 135/15-70 705 ILCS 135/20-5 730 ILCS 5/5-9-1.4 from Ch. 38, par. 1005-9-1.4 730 ILCS 5/5-9-1.9
705 ILCS 105/27.1b
705 ILCS 135/15-70
705 ILCS 135/20-5
730 ILCS 5/5-9-1.4 from Ch. 38, par. 1005-9-1.4
730 ILCS 5/5-9-1.9
Amends the Criminal and Traffic Assessment Act. Repeals the Act on January 1, 2028 (rather than January 1, 2024). Makes a conforming change in the Clerks of Courts Act. Amends the Unified Code of Corrections. Provides that any person (rather than only any minor) adjudicated delinquent for an offense which if committed by an adult would constitute a violation of (i) the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Steroid Control Act shall be required to pay a criminal laboratory analysis assessment of $100 for each adjudication or (ii) a provision regarding driving while under the influence of the Illinois Vehicle Code shall pay a crime laboratory DUI analysis assessment of $150 for each adjudication. Effective immediately.
LRB103 30497 LNS 56930 b LRB103 30497 LNS 56930 b
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A BILL FOR
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HB3170 LRB103 30497 LNS 56930 b
1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Clerks of Courts Act is amended by changing
5 Section 27.1b as follows:
6 (705 ILCS 105/27.1b)
7 (Section scheduled to be repealed on January 1, 2024)
8 Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
9 other provision of law, all fees charged by the clerks of the
10 circuit court for the services described in this Section shall
11 be established, collected, and disbursed in accordance with
12 this Section. Except as otherwise specified in this Section,
13 all fees under this Section shall be paid in advance and
14 disbursed by each clerk on a monthly basis. In a county with a
15 population of over 3,000,000, units of local government and
16 school districts shall not be required to pay fees under this
17 Section in advance and the clerk shall instead send an
18 itemized bill to the unit of local government or school
19 district, within 30 days of the fee being incurred, and the
20 unit of local government or school district shall be allowed
21 at least 30 days from the date of the itemized bill to pay;
22 these payments shall be disbursed by each clerk on a monthly
23 basis. Unless otherwise specified in this Section, the amount
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3170 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
705 ILCS 105/27.1b705 ILCS 135/15-70705 ILCS 135/20-5 730 ILCS 5/5-9-1.4 from Ch. 38, par. 1005-9-1.4 730 ILCS 5/5-9-1.9 705 ILCS 105/27.1b 705 ILCS 135/15-70 705 ILCS 135/20-5 730 ILCS 5/5-9-1.4 from Ch. 38, par. 1005-9-1.4 730 ILCS 5/5-9-1.9
705 ILCS 105/27.1b
705 ILCS 135/15-70
705 ILCS 135/20-5
730 ILCS 5/5-9-1.4 from Ch. 38, par. 1005-9-1.4
730 ILCS 5/5-9-1.9
Amends the Criminal and Traffic Assessment Act. Repeals the Act on January 1, 2028 (rather than January 1, 2024). Makes a conforming change in the Clerks of Courts Act. Amends the Unified Code of Corrections. Provides that any person (rather than only any minor) adjudicated delinquent for an offense which if committed by an adult would constitute a violation of (i) the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Steroid Control Act shall be required to pay a criminal laboratory analysis assessment of $100 for each adjudication or (ii) a provision regarding driving while under the influence of the Illinois Vehicle Code shall pay a crime laboratory DUI analysis assessment of $150 for each adjudication. Effective immediately.
LRB103 30497 LNS 56930 b LRB103 30497 LNS 56930 b
LRB103 30497 LNS 56930 b
A BILL FOR
705 ILCS 105/27.1b
705 ILCS 135/15-70
705 ILCS 135/20-5
730 ILCS 5/5-9-1.4 from Ch. 38, par. 1005-9-1.4
730 ILCS 5/5-9-1.9
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1 of a fee shall be determined by ordinance or resolution of the
2 county board and remitted to the county treasurer to be used
3 for purposes related to the operation of the court system in
4 the county. In a county with a population of over 3,000,000,
5 any amount retained by the clerk of the circuit court or
6 remitted to the county treasurer shall be subject to
7 appropriation by the county board.
8 (a) Civil cases. The fee for filing a complaint, petition,
9 or other pleading initiating a civil action shall be as set
10 forth in the applicable schedule under this subsection in
11 accordance with case categories established by the Supreme
12 Court in schedules.
13 (1) SCHEDULE 1: not to exceed a total of $366 in a
14 county with a population of 3,000,000 or more and not to
15 exceed $316 in any other county, except as applied to
16 units of local government and school districts in counties
17 with more than 3,000,000 inhabitants an amount not to
18 exceed $190 through December 31, 2021 and $184 on and
19 after January 1, 2022. The fees collected under this
20 schedule shall be disbursed as follows:
21 (A) The clerk shall retain a sum, in an amount not
22 to exceed $55 in a county with a population of
23 3,000,000 or more and in an amount not to exceed $45 in
24 any other county determined by the clerk with the
25 approval of the Supreme Court, to be used for court
26 automation, court document storage, and administrative
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1 purposes.
2 (B) The clerk shall remit up to $21 to the State
3 Treasurer. The State Treasurer shall deposit the
4 appropriate amounts, in accordance with the clerk's
5 instructions, as follows:
6 (i) up to $10, as specified by the Supreme
7 Court in accordance with Part 10A of Article II of
8 the Code of Civil Procedure, into the Mandatory
9 Arbitration Fund;
10 (ii) $2 into the Access to Justice Fund; and
11 (iii) $9 into the Supreme Court Special
12 Purposes Fund.
13 (C) The clerk shall remit a sum to the County
14 Treasurer, in an amount not to exceed $290 in a county
15 with a population of 3,000,000 or more and in an amount
16 not to exceed $250 in any other county, as specified by
17 ordinance or resolution passed by the county board,
18 for purposes related to the operation of the court
19 system in the county.
20 (2) SCHEDULE 2: not to exceed a total of $357 in a
21 county with a population of 3,000,000 or more and not to
22 exceed $266 in any other county, except as applied to
23 units of local government and school districts in counties
24 with more than 3,000,000 inhabitants an amount not to
25 exceed $190 through December 31, 2021 and $184 on and
26 after January 1, 2022. The fees collected under this
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1 schedule shall be disbursed as follows:
2 (A) The clerk shall retain a sum, in an amount not
3 to exceed $55 in a county with a population of
4 3,000,000 or more and in an amount not to exceed $45 in
5 any other county determined by the clerk with the
6 approval of the Supreme Court, to be used for court
7 automation, court document storage, and administrative
8 purposes.
9 (B) The clerk shall remit up to $21 to the State
10 Treasurer. The State Treasurer shall deposit the
11 appropriate amounts, in accordance with the clerk's
12 instructions, as follows:
13 (i) up to $10, as specified by the Supreme
14 Court in accordance with Part 10A of Article II of
15 the Code of Civil Procedure, into the Mandatory
16 Arbitration Fund;
17 (ii) $2 into the Access to Justice Fund: and
18 (iii) $9 into the Supreme Court Special
19 Purposes Fund.
20 (C) The clerk shall remit a sum to the County
21 Treasurer, in an amount not to exceed $281 in a county
22 with a population of 3,000,000 or more and in an amount
23 not to exceed $200 in any other county, as specified by
24 ordinance or resolution passed by the county board,
25 for purposes related to the operation of the court
26 system in the county.
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1 (3) SCHEDULE 3: not to exceed a total of $265 in a
2 county with a population of 3,000,000 or more and not to
3 exceed $89 in any other county, except as applied to units
4 of local government and school districts in counties with
5 more than 3,000,000 inhabitants an amount not to exceed
6 $190 through December 31, 2021 and $184 on and after
7 January 1, 2022. The fees collected under this schedule
8 shall be disbursed as follows:
9 (A) The clerk shall retain a sum, in an amount not
10 to exceed $55 in a county with a population of
11 3,000,000 or more and in an amount not to exceed $22 in
12 any other county determined by the clerk with the
13 approval of the Supreme Court, to be used for court
14 automation, court document storage, and administrative
15 purposes.
16 (B) The clerk shall remit $11 to the State
17 Treasurer. The State Treasurer shall deposit the
18 appropriate amounts in accordance with the clerk's
19 instructions, as follows:
20 (i) $2 into the Access to Justice Fund; and
21 (ii) $9 into the Supreme Court Special
22 Purposes Fund.
23 (C) The clerk shall remit a sum to the County
24 Treasurer, in an amount not to exceed $199 in a county
25 with a population of 3,000,000 or more and in an amount
26 not to exceed $56 in any other county, as specified by
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1 ordinance or resolution passed by the county board,
2 for purposes related to the operation of the court
3 system in the county.
4 (4) SCHEDULE 4: $0.
5 (b) Appearance. The fee for filing an appearance in a
6 civil action, including a cannabis civil law action under the
7 Cannabis Control Act, shall be as set forth in the applicable
8 schedule under this subsection in accordance with case
9 categories established by the Supreme Court in schedules.
10 (1) SCHEDULE 1: not to exceed a total of $230 in a
11 county with a population of 3,000,000 or more and not to
12 exceed $191 in any other county, except as applied to
13 units of local government and school districts in counties
14 with more than 3,000,000 inhabitants an amount not to
15 exceed $75. The fees collected under this schedule shall
16 be disbursed as follows:
17 (A) The clerk shall retain a sum, in an amount not
18 to exceed $50 in a county with a population of
19 3,000,000 or more and in an amount not to exceed $45 in
20 any other county determined by the clerk with the
21 approval of the Supreme Court, to be used for court
22 automation, court document storage, and administrative
23 purposes.
24 (B) The clerk shall remit up to $21 to the State
25 Treasurer. The State Treasurer shall deposit the
26 appropriate amounts, in accordance with the clerk's
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1 instructions, as follows:
2 (i) up to $10, as specified by the Supreme
3 Court in accordance with Part 10A of Article II of
4 the Code of Civil Procedure, into the Mandatory
5 Arbitration Fund;
6 (ii) $2 into the Access to Justice Fund; and
7 (iii) $9 into the Supreme Court Special
8 Purposes Fund.
9 (C) The clerk shall remit a sum to the County
10 Treasurer, in an amount not to exceed $159 in a county
11 with a population of 3,000,000 or more and in an amount
12 not to exceed $125 in any other county, as specified by
13 ordinance or resolution passed by the county board,
14 for purposes related to the operation of the court
15 system in the county.
16 (2) SCHEDULE 2: not to exceed a total of $130 in a
17 county with a population of 3,000,000 or more and not to
18 exceed $109 in any other county, except as applied to
19 units of local government and school districts in counties
20 with more than 3,000,000 inhabitants an amount not to
21 exceed $75. The fees collected under this schedule shall
22 be disbursed as follows:
23 (A) The clerk shall retain a sum, in an amount not
24 to exceed $50 in a county with a population of
25 3,000,000 or more and in an amount not to exceed $10 in
26 any other county determined by the clerk with the
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1 approval of the Supreme Court, to be used for court
2 automation, court document storage, and administrative
3 purposes.
4 (B) The clerk shall remit $9 to the State
5 Treasurer, which the State Treasurer shall deposit
6 into the Supreme Court Special Purposes Fund.
7 (C) The clerk shall remit a sum to the County
8 Treasurer, in an amount not to exceed $71 in a county
9 with a population of 3,000,000 or more and in an amount
10 not to exceed $90 in any other county, as specified by
11 ordinance or resolution passed by the county board,
12 for purposes related to the operation of the court
13 system in the county.
14 (3) SCHEDULE 3: $0.
15 (b-5) Kane County and Will County. In Kane County and Will
16 County civil cases, there is an additional fee of up to $30 as
17 set by the county board under Section 5-1101.3 of the Counties
18 Code to be paid by each party at the time of filing the first
19 pleading, paper, or other appearance; provided that no
20 additional fee shall be required if more than one party is
21 represented in a single pleading, paper, or other appearance.
22 Distribution of fees collected under this subsection (b-5)
23 shall be as provided in Section 5-1101.3 of the Counties Code.
24 (c) Counterclaim or third party complaint. When any
25 defendant files a counterclaim or third party complaint, as
26 part of the defendant's answer or otherwise, the defendant
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1 shall pay a filing fee for each counterclaim or third party
2 complaint in an amount equal to the filing fee the defendant
3 would have had to pay had the defendant brought a separate
4 action for the relief sought in the counterclaim or third
5 party complaint, less the amount of the appearance fee, if
6 any, that the defendant has already paid in the action in which
7 the counterclaim or third party complaint is filed.
8 (d) Alias summons. The clerk shall collect a fee not to
9 exceed $6 in a county with a population of 3,000,000 or more
10 and not to exceed $5 in any other county for each alias summons
11 or citation issued by the clerk, except as applied to units of
12 local government and school districts in counties with more
13 than 3,000,000 inhabitants an amount not to exceed $5 for each
14 alias summons or citation issued by the clerk.
15 (e) Jury services. The clerk shall collect, in addition to
16 other fees allowed by law, a sum not to exceed $212.50, as a
17 fee for the services of a jury in every civil action not
18 quasi-criminal in its nature and not a proceeding for the
19 exercise of the right of eminent domain and in every other
20 action wherein the right of trial by jury is or may be given by
21 law. The jury fee shall be paid by the party demanding a jury
22 at the time of filing the jury demand. If the fee is not paid
23 by either party, no jury shall be called in the action or
24 proceeding, and the action or proceeding shall be tried by the
25 court without a jury.
26 (f) Change of venue. In connection with a change of venue:
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1 (1) The clerk of the jurisdiction from which the case
2 is transferred may charge a fee, not to exceed $40, for the
3 preparation and certification of the record; and
4 (2) The clerk of the jurisdiction to which the case is
5 transferred may charge the same filing fee as if it were
6 the commencement of a new suit.
7 (g) Petition to vacate or modify.
8 (1) In a proceeding involving a petition to vacate or
9 modify any final judgment or order filed within 30 days
10 after the judgment or order was entered, except for an
11 eviction case, small claims case, petition to reopen an
12 estate, petition to modify, terminate, or enforce a
13 judgment or order for child or spousal support, or
14 petition to modify, suspend, or terminate an order for
15 withholding, the fee shall not exceed $60 in a county with
16 a population of 3,000,000 or more and shall not exceed $50
17 in any other county, except as applied to units of local
18 government and school districts in counties with more than
19 3,000,000 inhabitants an amount not to exceed $50.
20 (2) In a proceeding involving a petition to vacate or
21 modify any final judgment or order filed more than 30 days
22 after the judgment or order was entered, except for a
23 petition to modify, terminate, or enforce a judgment or
24 order for child or spousal support, or petition to modify,
25 suspend, or terminate an order for withholding, the fee
26 shall not exceed $75.
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1 (3) In a proceeding involving a motion to vacate or
2 amend a final order, motion to vacate an ex parte
3 judgment, judgment of forfeiture, or "failure to appear"
4 or "failure to comply" notices sent to the Secretary of
5 State, the fee shall equal $40.
6 (h) Appeals preparation. The fee for preparation of a
7 record on appeal shall be based on the number of pages, as
8 follows:
9 (1) if the record contains no more than 100 pages, the
10 fee shall not exceed $70 in a county with a population of
11 3,000,000 or more and shall not exceed $50 in any other
12 county;
13 (2) if the record contains between 100 and 200 pages,
14 the fee shall not exceed $100; and
15 (3) if the record contains 200 or more pages, the
16 clerk may collect an additional fee not to exceed 25 cents
17 per page.
18 (i) Remands. In any cases remanded to the circuit court
19 from the Supreme Court or the appellate court for a new trial,
20 the clerk shall reinstate the case with either its original
21 number or a new number. The clerk shall not charge any new or
22 additional fee for the reinstatement. Upon reinstatement, the
23 clerk shall advise the parties of the reinstatement. Parties
24 shall have the same right to a jury trial on remand and
25 reinstatement that they had before the appeal, and no
26 additional or new fee or charge shall be made for a jury trial
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1 after remand.
2 (j) Garnishment, wage deduction, and citation. In
3 garnishment affidavit, wage deduction affidavit, and citation
4 petition proceedings:
5 (1) if the amount in controversy in the proceeding is
6 not more than $1,000, the fee may not exceed $35 in a
7 county with a population of 3,000,000 or more and may not
8 exceed $15 in any other county, except as applied to units
9 of local government and school districts in counties with
10 more than 3,000,000 inhabitants an amount not to exceed
11 $15;
12 (2) if the amount in controversy in the proceeding is
13 greater than $1,000 and not more than $5,000, the fee may
14 not exceed $45 in a county with a population of 3,000,000
15 or more and may not exceed $30 in any other county, except
16 as applied to units of local government and school
17 districts in counties with more than 3,000,000 inhabitants
18 an amount not to exceed $30; and
19 (3) if the amount in controversy in the proceeding is
20 greater than $5,000, the fee may not exceed $65 in a county
21 with a population of 3,000,000 or more and may not exceed
22 $50 in any other county, except as applied to units of
23 local government and school districts in counties with
24 more than 3,000,000 inhabitants an amount not to exceed
25 $50.
26 (j-5) Debt collection. In any proceeding to collect a debt
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1 subject to the exception in item (ii) of subparagraph (A-5) of
2 paragraph (1) of subsection (z) of this Section, the circuit
3 court shall order and the clerk shall collect from each
4 judgment debtor a fee of:
5 (1) $35 if the amount in controversy in the proceeding
6 is not more than $1,000;
7 (2) $45 if the amount in controversy in the proceeding
8 is greater than $1,000 and not more than $5,000; and
9 (3) $65 if the amount in controversy in the proceeding
10 is greater than $5,000.
11 (k) Collections.
12 (1) For all collections made of others, except the
13 State and county and except in maintenance or child
14 support cases, the clerk may collect a fee of up to 2.5% of
15 the amount collected and turned over.
16 (2) In child support and maintenance cases, the clerk
17 may collect an annual fee of up to $36 from the person
18 making payment for maintaining child support records and
19 the processing of support orders to the State of Illinois
20 KIDS system and the recording of payments issued by the
21 State Disbursement Unit for the official record of the
22 Court. This fee is in addition to and separate from
23 amounts ordered to be paid as maintenance or child support
24 and shall be deposited into a Separate Maintenance and
25 Child Support Collection Fund, of which the clerk shall be
26 the custodian, ex officio, to be used by the clerk to
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1 maintain child support orders and record all payments
2 issued by the State Disbursement Unit for the official
3 record of the Court. The clerk may recover from the person
4 making the maintenance or child support payment any
5 additional cost incurred in the collection of this annual
6 fee.
7 (3) The clerk may collect a fee of $5 for
8 certifications made to the Secretary of State as provided
9 in Section 7-703 of the Illinois Vehicle Code, and this
10 fee shall be deposited into the Separate Maintenance and
11 Child Support Collection Fund.
12 (4) In proceedings to foreclose the lien of delinquent
13 real estate taxes, State's Attorneys shall receive a fee
14 of 10% of the total amount realized from the sale of real
15 estate sold in the proceedings. The clerk shall collect
16 the fee from the total amount realized from the sale of the
17 real estate sold in the proceedings and remit to the
18 County Treasurer to be credited to the earnings of the
19 Office of the State's Attorney.
20 (l) Mailing. The fee for the clerk mailing documents shall
21 not exceed $10 plus the cost of postage.
22 (m) Certified copies. The fee for each certified copy of a
23 judgment, after the first copy, shall not exceed $10.
24 (n) Certification, authentication, and reproduction.
25 (1) The fee for each certification or authentication
26 for taking the acknowledgment of a deed or other
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1 instrument in writing with the seal of office shall not
2 exceed $6.
3 (2) The fee for reproduction of any document contained
4 in the clerk's files shall not exceed:
5 (A) $2 for the first page;
6 (B) 50 cents per page for the next 19 pages; and
7 (C) 25 cents per page for all additional pages.
8 (o) Record search. For each record search, within a
9 division or municipal district, the clerk may collect a search
10 fee not to exceed $6 for each year searched.
11 (p) Hard copy. For each page of hard copy print output,
12 when case records are maintained on an automated medium, the
13 clerk may collect a fee not to exceed $10 in a county with a
14 population of 3,000,000 or more and not to exceed $6 in any
15 other county, except as applied to units of local government
16 and school districts in counties with more than 3,000,000
17 inhabitants an amount not to exceed $6.
18 (q) Index inquiry and other records. No fee shall be
19 charged for a single plaintiff and defendant index inquiry or
20 single case record inquiry when this request is made in person
21 and the records are maintained in a current automated medium,
22 and when no hard copy print output is requested. The fees to be
23 charged for management records, multiple case records, and
24 multiple journal records may be specified by the Chief Judge
25 pursuant to the guidelines for access and dissemination of
26 information approved by the Supreme Court.
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1 (r) Performing a marriage. There shall be a $10 fee for
2 performing a marriage in court.
3 (s) Voluntary assignment. For filing each deed of
4 voluntary assignment, the clerk shall collect a fee not to
5 exceed $20. For recording a deed of voluntary assignment, the
6 clerk shall collect a fee not to exceed 50 cents for each 100
7 words. Exceptions filed to claims presented to an assignee of
8 a debtor who has made a voluntary assignment for the benefit of
9 creditors shall be considered and treated, for the purpose of
10 taxing costs therein, as actions in which the party or parties
11 filing the exceptions shall be considered as party or parties
12 plaintiff, and the claimant or claimants as party or parties
13 defendant, and those parties respectively shall pay to the
14 clerk the same fees as provided by this Section to be paid in
15 other actions.
16 (t) Expungement petition. The clerk may collect a fee not
17 to exceed $60 for each expungement petition filed and an
18 additional fee not to exceed $4 for each certified copy of an
19 order to expunge arrest records.
20 (u) Transcripts of judgment. For the filing of a
21 transcript of judgment, the clerk may collect the same fee as
22 if it were the commencement of a new suit.
23 (v) Probate filings.
24 (1) For each account (other than one final account)
25 filed in the estate of a decedent, or ward, the fee shall
26 not exceed $25.
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1 (2) For filing a claim in an estate when the amount
2 claimed is greater than $150 and not more than $500, the
3 fee shall not exceed $40 in a county with a population of
4 3,000,000 or more and shall not exceed $25 in any other
5 county; when the amount claimed is greater than $500 and
6 not more than $10,000, the fee shall not exceed $55 in a
7 county with a population of 3,000,000 or more and shall
8 not exceed $40 in any other county; and when the amount
9 claimed is more than $10,000, the fee shall not exceed $75
10 in a county with a population of 3,000,000 or more and
11 shall not exceed $60 in any other county; except the court
12 in allowing a claim may add to the amount allowed the
13 filing fee paid by the claimant.
14 (3) For filing in an estate a claim, petition, or
15 supplemental proceeding based upon an action seeking
16 equitable relief including the construction or contest of
17 a will, enforcement of a contract to make a will, and
18 proceedings involving testamentary trusts or the
19 appointment of testamentary trustees, the fee shall not
20 exceed $60.
21 (4) There shall be no fee for filing in an estate: (i)
22 the appearance of any person for the purpose of consent;
23 or (ii) the appearance of an executor, administrator,
24 administrator to collect, guardian, guardian ad litem, or
25 special administrator.
26 (5) For each jury demand, the fee shall not exceed
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1 $137.50.
2 (6) For each certified copy of letters of office, of
3 court order, or other certification, the fee shall not
4 exceed $2 per page.
5 (7) For each exemplification, the fee shall not exceed
6 $2, plus the fee for certification.
7 (8) The executor, administrator, guardian, petitioner,
8 or other interested person or his or her attorney shall
9 pay the cost of publication by the clerk directly to the
10 newspaper.
11 (9) The person on whose behalf a charge is incurred
12 for witness, court reporter, appraiser, or other
13 miscellaneous fees shall pay the same directly to the
14 person entitled thereto.
15 (10) The executor, administrator, guardian,
16 petitioner, or other interested person or his or her
17 attorney shall pay to the clerk all postage charges
18 incurred by the clerk in mailing petitions, orders,
19 notices, or other documents pursuant to the provisions of
20 the Probate Act of 1975.
21 (w) Corrections of numbers. For correction of the case
22 number, case title, or attorney computer identification
23 number, if required by rule of court, on any document filed in
24 the clerk's office, to be charged against the party that filed
25 the document, the fee shall not exceed $25.
26 (x) Miscellaneous.
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1 (1) Interest earned on any fees collected by the clerk
2 shall be turned over to the county general fund as an
3 earning of the office.
4 (2) For any check, draft, or other bank instrument
5 returned to the clerk for non-sufficient funds, account
6 closed, or payment stopped, the clerk shall collect a fee
7 of $25.
8 (y) Other fees. Any fees not covered in this Section shall
9 be set by rule or administrative order of the circuit court
10 with the approval of the Administrative Office of the Illinois
11 Courts. The clerk of the circuit court may provide services in
12 connection with the operation of the clerk's office, other
13 than those services mentioned in this Section, as may be
14 requested by the public and agreed to by the clerk and approved
15 by the Chief Judge. Any charges for additional services shall
16 be as agreed to between the clerk and the party making the
17 request and approved by the Chief Judge. Nothing in this
18 subsection shall be construed to require any clerk to provide
19 any service not otherwise required by law.
20 (y-5) Unpaid fees. Unless a court ordered payment schedule
21 is implemented or the fee requirements of this Section are
22 waived under a court order, the clerk of the circuit court may
23 add to any unpaid fees and costs under this Section a
24 delinquency amount equal to 5% of the unpaid fees that remain
25 unpaid after 30 days, 10% of the unpaid fees that remain unpaid
26 after 60 days, and 15% of the unpaid fees that remain unpaid
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1 after 90 days. Notice to those parties may be made by signage
2 posting or publication. The additional delinquency amounts
3 collected under this Section shall be deposited into the
4 Circuit Court Clerk Operations and Administration Fund and
5 used to defray additional administrative costs incurred by the
6 clerk of the circuit court in collecting unpaid fees and
7 costs.
8 (z) Exceptions.
9 (1) No fee authorized by this Section shall apply to:
10 (A) police departments or other law enforcement
11 agencies. In this Section, "law enforcement agency"
12 means: an agency of the State or agency of a unit of
13 local government which is vested by law or ordinance
14 with the duty to maintain public order and to enforce
15 criminal laws or ordinances; the Attorney General; or
16 any State's Attorney;
17 (A-5) any unit of local government or school
18 district, except in counties having a population of
19 500,000 or more the county board may by resolution set
20 fees for units of local government or school districts
21 no greater than the minimum fees applicable in
22 counties with a population less than 3,000,000;
23 provided however, no fee may be charged to any unit of
24 local government or school district in connection with
25 any action which, in whole or in part, is: (i) to
26 enforce an ordinance; (ii) to collect a debt; or (iii)
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1 under the Administrative Review Law;
2 (B) any action instituted by the corporate
3 authority of a municipality with more than 1,000,000
4 inhabitants under Section 11-31-1 of the Illinois
5 Municipal Code and any action instituted under
6 subsection (b) of Section 11-31-1 of the Illinois
7 Municipal Code by a private owner or tenant of real
8 property within 1,200 feet of a dangerous or unsafe
9 building seeking an order compelling the owner or
10 owners of the building to take any of the actions
11 authorized under that subsection;
12 (C) any commitment petition or petition for an
13 order authorizing the administration of psychotropic
14 medication or electroconvulsive therapy under the
15 Mental Health and Developmental Disabilities Code;
16 (D) a petitioner in any order of protection
17 proceeding, including, but not limited to, fees for
18 filing, modifying, withdrawing, certifying, or
19 photocopying petitions for orders of protection,
20 issuing alias summons, any related filing service, or
21 certifying, modifying, vacating, or photocopying any
22 orders of protection; or
23 (E) proceedings for the appointment of a
24 confidential intermediary under the Adoption Act.
25 (2) No fee other than the filing fee contained in the
26 applicable schedule in subsection (a) shall be charged to
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1 any person in connection with an adoption proceeding.
2 (3) Upon good cause shown, the court may waive any
3 fees associated with a special needs adoption. The term
4 "special needs adoption" has the meaning provided by the
5 Illinois Department of Children and Family Services.
6 (aa) This Section is repealed on January 1, 2028 2024.
7 (Source: P.A. 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
8 102-278, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff.
9 5-13-22.)
10 Section 10. The Criminal and Traffic Assessment Act is
11 amended by changing Sections 15-70 and 20-5 as follows:
12 (705 ILCS 135/15-70)
13 (Section scheduled to be repealed on January 1, 2024)
14 Sec. 15-70. Conditional assessments. In addition to
15 payments under one of the Schedule of Assessments 1 through 13
16 of this Act, the court shall also order payment of any of the
17 following conditional assessment amounts for each sentenced
18 violation in the case to which a conditional assessment is
19 applicable, which shall be collected and remitted by the Clerk
20 of the Circuit Court as provided in this Section:
21 (1) arson, residential arson, or aggravated arson,
22 $500 per conviction to the State Treasurer for deposit
23 into the Fire Prevention Fund;
24 (2) child pornography under Section 11-20.1 of the
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1 Criminal Code of 1961 or the Criminal Code of 2012, $500
2 per conviction, unless more than one agency is responsible
3 for the arrest in which case the amount shall be remitted
4 to each unit of government equally:
5 (A) if the arresting agency is an agency of a unit
6 of local government, $500 to the treasurer of the unit
7 of local government for deposit into the unit of local
8 government's General Fund, except that if the Illinois
9 State Police provides digital or electronic forensic
10 examination assistance, or both, to the arresting
11 agency then $100 to the State Treasurer for deposit
12 into the State Police Operations Assistance Crime
13 Laboratory Fund; or
14 (B) if the arresting agency is the Illinois State
15 Police, $500 to the State Treasurer for deposit into
16 the State Police Operations Assistance Crime
17 Laboratory Fund;
18 (3) crime laboratory drug analysis for a drug-related
19 offense involving possession or delivery of cannabis or
20 possession or delivery of a controlled substance as
21 defined in the Cannabis Control Act, the Illinois
22 Controlled Substances Act, or the Methamphetamine Control
23 and Community Protection Act, $100 reimbursement for
24 laboratory analysis, as set forth in subsection (f) of
25 Section 5-9-1.4 of the Unified Code of Corrections;
26 (4) DNA analysis, $250 on each conviction in which it
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1 was used to the State Treasurer for deposit into the State
2 Crime Laboratory Fund as set forth in Section 5-9-1.4 of
3 the Unified Code of Corrections;
4 (5) DUI analysis, $150 on each sentenced violation in
5 which it was used as set forth in subsection (f) of Section
6 5-9-1.9 of the Unified Code of Corrections;
7 (6) drug-related offense involving possession or
8 delivery of cannabis or possession or delivery of a
9 controlled substance, other than methamphetamine, as
10 defined in the Cannabis Control Act or the Illinois
11 Controlled Substances Act, an amount not less than the
12 full street value of the cannabis or controlled substance
13 seized for each conviction to be disbursed as follows:
14 (A) 12.5% of the street value assessment shall be
15 paid into the Youth Drug Abuse Prevention Fund, to be
16 used by the Department of Human Services for the
17 funding of programs and services for drug-abuse
18 treatment, and prevention and education services;
19 (B) 37.5% to the county in which the charge was
20 prosecuted, to be deposited into the county General
21 Fund;
22 (C) 50% to the treasurer of the arresting law
23 enforcement agency of the municipality or county, or
24 to the State Treasurer if the arresting agency was a
25 state agency, to be deposited as provided in
26 subsection (c) of Section 10-5;
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1 (D) if the arrest was made in combination with
2 multiple law enforcement agencies, the clerk shall
3 equitably allocate the portion in subparagraph (C) of
4 this paragraph (6) among the law enforcement agencies
5 involved in the arrest;
6 (6.5) Kane County or Will County, in felony,
7 misdemeanor, local or county ordinance, traffic, or
8 conservation cases, up to $30 as set by the county board
9 under Section 5-1101.3 of the Counties Code upon the entry
10 of a judgment of conviction, an order of supervision, or a
11 sentence of probation without entry of judgment under
12 Section 10 of the Cannabis Control Act, Section 410 of the
13 Illinois Controlled Substances Act, Section 70 of the
14 Methamphetamine Control and Community Protection Act,
15 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
16 the Criminal Code of 1961 or the Criminal Code of 2012,
17 Section 10-102 of the Illinois Alcoholism and Other Drug
18 Dependency Act, or Section 10 of the Steroid Control Act;
19 except in local or county ordinance, traffic, and
20 conservation cases, if fines are paid in full without a
21 court appearance, then the assessment shall not be imposed
22 or collected. Distribution of assessments collected under
23 this paragraph (6.5) shall be as provided in Section
24 5-1101.3 of the Counties Code;
25 (7) methamphetamine-related offense involving
26 possession or delivery of methamphetamine or any salt of
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1 an optical isomer of methamphetamine or possession of a
2 methamphetamine manufacturing material as set forth in
3 Section 10 of the Methamphetamine Control and Community
4 Protection Act with the intent to manufacture a substance
5 containing methamphetamine or salt of an optical isomer of
6 methamphetamine, an amount not less than the full street
7 value of the methamphetamine or salt of an optical isomer
8 of methamphetamine or methamphetamine manufacturing
9 materials seized for each conviction to be disbursed as
10 follows:
11 (A) 12.5% of the street value assessment shall be
12 paid into the Youth Drug Abuse Prevention Fund, to be
13 used by the Department of Human Services for the
14 funding of programs and services for drug-abuse
15 treatment, and prevention and education services;
16 (B) 37.5% to the county in which the charge was
17 prosecuted, to be deposited into the county General
18 Fund;
19 (C) 50% to the treasurer of the arresting law
20 enforcement agency of the municipality or county, or
21 to the State Treasurer if the arresting agency was a
22 state agency, to be deposited as provided in
23 subsection (c) of Section 10-5;
24 (D) if the arrest was made in combination with
25 multiple law enforcement agencies, the clerk shall
26 equitably allocate the portion in subparagraph (C) of
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1 this paragraph (6) among the law enforcement agencies
2 involved in the arrest;
3 (8) order of protection violation under Section 12-3.4
4 of the Criminal Code of 2012, $200 for each conviction to
5 the county treasurer for deposit into the Probation and
6 Court Services Fund for implementation of a domestic
7 violence surveillance program and any other assessments or
8 fees imposed under Section 5-9-1.16 of the Unified Code of
9 Corrections;
10 (9) order of protection violation, $25 for each
11 violation to the State Treasurer, for deposit into the
12 Domestic Violence Abuser Services Fund;
13 (10) prosecution by the State's Attorney of a:
14 (A) petty or business offense, $4 to the county
15 treasurer of which $2 deposited into the State's
16 Attorney Records Automation Fund and $2 into the
17 Public Defender Records Automation Fund;
18 (B) conservation or traffic offense, $2 to the
19 county treasurer for deposit into the State's Attorney
20 Records Automation Fund;
21 (11) speeding in a construction zone violation, $250
22 to the State Treasurer for deposit into the Transportation
23 Safety Highway Hire-back Fund, unless (i) the violation
24 occurred on a highway other than an interstate highway and
25 (ii) a county police officer wrote the ticket for the
26 violation, in which case to the county treasurer for
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1 deposit into that county's Transportation Safety Highway
2 Hire-back Fund;
3 (12) supervision disposition on an offense under the
4 Illinois Vehicle Code or similar provision of a local
5 ordinance, 50 cents, unless waived by the court, into the
6 Prisoner Review Board Vehicle and Equipment Fund;
7 (13) victim and offender are family or household
8 members as defined in Section 103 of the Illinois Domestic
9 Violence Act of 1986 and offender pleads guilty or no
10 contest to or is convicted of murder, voluntary
11 manslaughter, involuntary manslaughter, burglary,
12 residential burglary, criminal trespass to residence,
13 criminal trespass to vehicle, criminal trespass to land,
14 criminal damage to property, telephone harassment,
15 kidnapping, aggravated kidnaping, unlawful restraint,
16 forcible detention, child abduction, indecent solicitation
17 of a child, sexual relations between siblings,
18 exploitation of a child, child pornography, assault,
19 aggravated assault, battery, aggravated battery, heinous
20 battery, aggravated battery of a child, domestic battery,
21 reckless conduct, intimidation, criminal sexual assault,
22 predatory criminal sexual assault of a child, aggravated
23 criminal sexual assault, criminal sexual abuse, aggravated
24 criminal sexual abuse, violation of an order of
25 protection, disorderly conduct, endangering the life or
26 health of a child, child abandonment, contributing to
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1 dependency or neglect of child, or cruelty to children and
2 others, $200 for each sentenced violation to the State
3 Treasurer for deposit as follows: (i) for sexual assault,
4 as defined in Section 5-9-1.7 of the Unified Code of
5 Corrections, when the offender and victim are family
6 members, one-half to the Domestic Violence Shelter and
7 Service Fund, and one-half to the Sexual Assault Services
8 Fund; (ii) for the remaining offenses to the Domestic
9 Violence Shelter and Service Fund;
10 (14) violation of Section 11-501 of the Illinois
11 Vehicle Code, Section 5-7 of the Snowmobile Registration
12 and Safety Act, Section 5-16 of the Boat Registration and
13 Safety Act, or a similar provision, whose operation of a
14 motor vehicle, snowmobile, or watercraft while in
15 violation of Section 11-501, Section 5-7 of the Snowmobile
16 Registration and Safety Act, Section 5-16 of the Boat
17 Registration and Safety Act, or a similar provision
18 proximately caused an incident resulting in an appropriate
19 emergency response, $1,000 maximum to the public agency
20 that provided an emergency response related to the
21 person's violation, or as provided in subsection (c) of
22 Section 10-5 if the arresting agency was a State agency,
23 unless more than one agency was responsible for the
24 arrest, in which case the amount shall be remitted to each
25 unit of government equally;
26 (15) violation of Section 401, 407, or 407.2 of the
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1 Illinois Controlled Substances Act that proximately caused
2 any incident resulting in an appropriate drug-related
3 emergency response, $1,000 as reimbursement for the
4 emergency response to the law enforcement agency that made
5 the arrest, or as provided in subsection (c) of Section
6 10-5 if the arresting agency was a State agency, unless
7 more than one agency was responsible for the arrest, in
8 which case the amount shall be remitted to each unit of
9 government equally;
10 (16) violation of reckless driving, aggravated
11 reckless driving, or driving 26 miles per hour or more in
12 excess of the speed limit that triggered an emergency
13 response, $1,000 maximum reimbursement for the emergency
14 response to be distributed in its entirety to a public
15 agency that provided an emergency response related to the
16 person's violation, or as provided in subsection (c) of
17 Section 10-5 if the arresting agency was a State agency,
18 unless more than one agency was responsible for the
19 arrest, in which case the amount shall be remitted to each
20 unit of government equally;
21 (17) violation based upon each plea of guilty,
22 stipulation of facts, or finding of guilt resulting in a
23 judgment of conviction or order of supervision for an
24 offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
25 the Criminal Code of 2012 that results in the imposition
26 of a fine, to be distributed as follows:
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1 (A) $50 to the county treasurer for deposit into
2 the Circuit Court Clerk Operation and Administrative
3 Fund to cover the costs in administering this
4 paragraph (17);
5 (B) $300 to the State Treasurer who shall deposit
6 the portion as follows:
7 (i) if the arresting or investigating agency
8 is the Illinois State Police, into the State
9 Police Law Enforcement Administration Fund;
10 (ii) if the arresting or investigating agency
11 is the Department of Natural Resources, into the
12 Conservation Police Operations Assistance Fund;
13 (iii) if the arresting or investigating agency
14 is the Secretary of State, into the Secretary of
15 State Police Services Fund;
16 (iv) if the arresting or investigating agency
17 is the Illinois Commerce Commission, into the
18 Transportation Regulatory Fund; or
19 (v) if more than one of the State agencies in
20 this subparagraph (B) is the arresting or
21 investigating agency, then equal shares with the
22 shares deposited as provided in the applicable
23 items (i) through (iv) of this subparagraph (B);
24 and
25 (C) the remainder for deposit into the Specialized
26 Services for Survivors of Human Trafficking Fund;
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1 (18) weapons violation under Section 24-1.1, 24-1.2,
2 or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
3 of 2012, $100 for each conviction to the State Treasurer
4 for deposit into the Trauma Center Fund; and
5 (19) violation of subsection (c) of Section 11-907 of
6 the Illinois Vehicle Code, $250 to the State Treasurer for
7 deposit into the Scott's Law Fund, unless a county or
8 municipal police officer wrote the ticket for the
9 violation, in which case to the county treasurer for
10 deposit into that county's or municipality's
11 Transportation Safety Highway Hire-back Fund to be used as
12 provided in subsection (j) of Section 11-907 of the
13 Illinois Vehicle Code.
14 (Source: P.A. 101-173, eff. 1-1-20; 101-636, eff. 6-10-20;
15 102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff.
16 8-20-21; 102-813, eff. 5-13-22.)
17 (705 ILCS 135/20-5)
18 (Section scheduled to be repealed on January 1, 2024)
19 Sec. 20-5. Repeal. This Act is repealed on January 1, 2028
20 2024.
21 (Source: P.A. 101-645, eff. 6-26-20; 102-145, eff. 7-23-21.)
22 Section 15. The Unified Code of Corrections is amended by
23 changing Sections 5-9-1.4 and 5-9-1.9 as follows:
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1 (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
2 Sec. 5-9-1.4. (a) "Crime laboratory" means any
3 not-for-profit laboratory registered with the Drug Enforcement
4 Administration of the United States Department of Justice,
5 substantially funded by a unit or combination of units of
6 local government or the State of Illinois, which regularly
7 employs at least one person engaged in the analysis of
8 controlled substances, cannabis, methamphetamine, or steroids
9 for criminal justice agencies in criminal matters and provides
10 testimony with respect to such examinations.
11 (b) (Blank).
12 (c) In addition to any other disposition made pursuant to
13 the provisions of the Juvenile Court Act of 1987, any person or
14 minor adjudicated delinquent for an offense which if committed
15 by an adult would constitute a violation of the Cannabis
16 Control Act, the Illinois Controlled Substances Act, the
17 Methamphetamine Control and Community Protection Act, or the
18 Steroid Control Act shall be required to pay a criminal
19 laboratory analysis assessment of $100 for each adjudication.
20 Upon verified petition of the minor, the court may suspend
21 payment of all or part of the assessment if it finds that the
22 minor does not have the ability to pay the assessment. The
23 parent, guardian, or legal custodian of the minor may pay some
24 or all of such assessment on the minor's behalf.
25 (d) All criminal laboratory analysis fees provided for by
26 this Section shall be collected by the clerk of the court and
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1 forwarded to the appropriate crime laboratory fund as provided
2 in subsection (f).
3 (e) Crime laboratory funds shall be established as
4 follows:
5 (1) Any unit of local government which maintains a
6 crime laboratory may establish a crime laboratory fund
7 within the office of the county or municipal treasurer.
8 (2) Any combination of units of local government which
9 maintains a crime laboratory may establish a crime
10 laboratory fund within the office of the treasurer of the
11 county where the crime laboratory is situated.
12 (3) The State Crime Laboratory Fund is hereby created
13 as a special fund in the State Treasury. Notwithstanding
14 any other provision of law to the contrary, and in
15 addition to any other transfers that may be provided by
16 law, on August 20, 2021 (the effective date of Public Act
17 102-505), or as soon thereafter as practical, the State
18 Comptroller shall direct and the State Treasurer shall
19 transfer the remaining balance from the State Offender DNA
20 Identification System Fund into the State Crime Laboratory
21 Fund. Upon completion of the transfer, the State Offender
22 DNA Identification System Fund is dissolved, and any
23 future deposits due to that Fund and any outstanding
24 obligations or liabilities of that Fund shall pass to the
25 State Crime Laboratory Fund.
26 (f) The analysis assessment provided for in subsection (c)
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1 of this Section shall be forwarded to the office of the
2 treasurer of the unit of local government that performed the
3 analysis if that unit of local government has established a
4 crime laboratory fund, or to the State Crime Laboratory Fund
5 if the analysis was performed by a laboratory operated by the
6 Illinois State Police. If the analysis was performed by a
7 crime laboratory funded by a combination of units of local
8 government, the analysis assessment shall be forwarded to the
9 treasurer of the county where the crime laboratory is situated
10 if a crime laboratory fund has been established in that
11 county. If the unit of local government or combination of
12 units of local government has not established a crime
13 laboratory fund, then the analysis assessment shall be
14 forwarded to the State Crime Laboratory Fund.
15 (g) Moneys deposited into a crime laboratory fund created
16 pursuant to paragraph (1) or (2) of subsection (e) of this
17 Section shall be in addition to any allocations made pursuant
18 to existing law and shall be designated for the exclusive use
19 of the crime laboratory. These uses may include, but are not
20 limited to, the following:
21 (1) costs incurred in providing analysis for
22 controlled substances in connection with criminal
23 investigations conducted within this State;
24 (2) purchase and maintenance of equipment for use in
25 performing analyses; and
26 (3) continuing education, training, and professional
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1 development of forensic scientists regularly employed by
2 these laboratories.
3 (h) Moneys deposited in the State Crime Laboratory Fund
4 created pursuant to paragraph (3) of subsection (d) of this
5 Section shall be used by State crime laboratories as
6 designated by the Director of the Illinois State Police. These
7 funds shall be in addition to any allocations made pursuant to
8 existing law and shall be designated for the exclusive use of
9 State crime laboratories or for the sexual assault evidence
10 tracking system created under Section 50 of the Sexual Assault
11 Evidence Submission Act. These uses may include those
12 enumerated in subsection (g) of this Section.
13 (Source: P.A. 101-377, eff. 8-16-19; 102-505, eff. 8-20-21;
14 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
15 (730 ILCS 5/5-9-1.9)
16 Sec. 5-9-1.9. DUI analysis fee.
17 (a) "Crime laboratory" means a not-for-profit laboratory
18 substantially funded by a single unit or combination of units
19 of local government or the State of Illinois that regularly
20 employs at least one person engaged in the DUI analysis of
21 blood, other bodily substance, and urine for criminal justice
22 agencies in criminal matters and provides testimony with
23 respect to such examinations.
24 "DUI analysis" means an analysis of blood, other bodily
25 substance, or urine for purposes of determining whether a
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1 violation of Section 11-501 of the Illinois Vehicle Code has
2 occurred.
3 (b) (Blank).
4 (c) In addition to any other disposition made under the
5 provisions of the Juvenile Court Act of 1987, any person or
6 minor adjudicated delinquent for an offense which if committed
7 by an adult would constitute a violation of Section 11-501 of
8 the Illinois Vehicle Code shall pay a crime laboratory DUI
9 analysis assessment of $150 for each adjudication. Upon
10 verified petition of the minor, the court may suspend payment
11 of all or part of the assessment if it finds that the minor
12 does not have the ability to pay the assessment. The parent,
13 guardian, or legal custodian of the minor may pay some or all
14 of the assessment on the minor's behalf.
15 (d) All crime laboratory DUI analysis assessments provided
16 for by this Section shall be collected by the clerk of the
17 court and forwarded to the appropriate crime laboratory DUI
18 fund as provided in subsection (f).
19 (e) Crime laboratory funds shall be established as
20 follows:
21 (1) A unit of local government that maintains a crime
22 laboratory may establish a crime laboratory DUI fund
23 within the office of the county or municipal treasurer.
24 (2) Any combination of units of local government that
25 maintains a crime laboratory may establish a crime
26 laboratory DUI fund within the office of the treasurer of
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1 the county where the crime laboratory is situated.
2 (3) (Blank).
3 (f) The analysis assessment provided for in subsection (c)
4 of this Section shall be forwarded to the office of the
5 treasurer of the unit of local government that performed the
6 analysis if that unit of local government has established a
7 crime laboratory DUI fund, or remitted to the State Treasurer
8 for deposit into the State Crime Laboratory Fund if the
9 analysis was performed by a laboratory operated by the
10 Illinois State Police. If the analysis was performed by a
11 crime laboratory funded by a combination of units of local
12 government, the analysis assessment shall be forwarded to the
13 treasurer of the county where the crime laboratory is situated
14 if a crime laboratory DUI fund has been established in that
15 county. If the unit of local government or combination of
16 units of local government has not established a crime
17 laboratory DUI fund, then the analysis assessment shall be
18 remitted to the State Treasurer for deposit into the State
19 Crime Laboratory Fund.
20 (g) Moneys deposited into a crime laboratory DUI fund
21 created under paragraphs (1) and (2) of subsection (e) of this
22 Section shall be in addition to any allocations made pursuant
23 to existing law and shall be designated for the exclusive use
24 of the crime laboratory. These uses may include, but are not
25 limited to, the following:
26 (1) Costs incurred in providing analysis for DUI
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1 investigations conducted within this State.
2 (2) Purchase and maintenance of equipment for use in
3 performing analyses.
4 (3) Continuing education, training, and professional
5 development of forensic scientists regularly employed by
6 these laboratories.
7 (h) Moneys deposited in the State Crime Laboratory Fund
8 shall be used by State crime laboratories as designated by the
9 Director of the Illinois State Police. These funds shall be in
10 addition to any allocations made according to existing law and
11 shall be designated for the exclusive use of State crime
12 laboratories. These uses may include those enumerated in
13 subsection (g) of this Section.
14 (i) Notwithstanding any other provision of law to the
15 contrary and in addition to any other transfers that may be
16 provided by law, on June 17, 2021 (the effective date of Public
17 Act 102-16), or as soon thereafter as practical, the State
18 Comptroller shall direct and the State Treasurer shall
19 transfer the remaining balance from the State Police DUI Fund
20 into the State Police Operations Assistance Fund. Upon
21 completion of the transfer, the State Police DUI Fund is
22 dissolved, and any future deposits due to that Fund and any
23 outstanding obligations or liabilities of that Fund shall pass
24 to the State Police Operations Assistance Fund.
25 (Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21;
26 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
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