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Illinois House Bill HB3525

Illinois 2023-2024 Regular Session

Illinois House Bill HB3525 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3525 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED: 725 ILCS 5/124A-20 Amends the Code of Criminal Procedure of 1963. Deletes a provision that if the court finds that the applicant is an indigent person, the court shall grant the applicant a full assessment waiver exempting him or her from the payment of any assessments. Provides that upon proof of need by the applicant, the court shall grant the applicant a partial assessment. LRB103 29684 RLC 57608 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3525 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED: 725 ILCS 5/124A-20 725 ILCS 5/124A-20 Amends the Code of Criminal Procedure of 1963. Deletes a provision that if the court finds that the applicant is an indigent person, the court shall grant the applicant a full assessment waiver exempting him or her from the payment of any assessments. Provides that upon proof of need by the applicant, the court shall grant the applicant a partial assessment. LRB103 29684 RLC 57608 b LRB103 29684 RLC 57608 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3525 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
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55 Amends the Code of Criminal Procedure of 1963. Deletes a provision that if the court finds that the applicant is an indigent person, the court shall grant the applicant a full assessment waiver exempting him or her from the payment of any assessments. Provides that upon proof of need by the applicant, the court shall grant the applicant a partial assessment.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Code of Criminal Procedure of 1963 is
1515 5 amended by changing Section 124A-20 as follows:
1616 6 (725 ILCS 5/124A-20)
1717 7 Sec. 124A-20. Assessment waiver.
1818 8 (a) As used in this Section:
1919 9 "Assessments" means any costs imposed on a criminal
2020 10 defendant under Article 15 of the Criminal and Traffic
2121 11 Assessment Act, but does not include violation of the Illinois
2222 12 Vehicle Code assessments except as provided in subsection
2323 13 (a-5).
2424 14 "Indigent person" means any person who meets one or more
2525 15 of the following criteria:
2626 16 (1) He or she is receiving assistance under one or
2727 17 more of the following means-based governmental public
2828 18 benefits programs: Supplemental Security Income; Aid to
2929 19 the Aged, Blind and Disabled; Temporary Assistance for
3030 20 Needy Families; Supplemental Nutrition Assistance Program;
3131 21 General Assistance; Transitional Assistance; or State
3232 22 Children and Family Assistance.
3333 23 (2) His or her available personal income is 200% or
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3525 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
3838 725 ILCS 5/124A-20 725 ILCS 5/124A-20
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4040 Amends the Code of Criminal Procedure of 1963. Deletes a provision that if the court finds that the applicant is an indigent person, the court shall grant the applicant a full assessment waiver exempting him or her from the payment of any assessments. Provides that upon proof of need by the applicant, the court shall grant the applicant a partial assessment.
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6868 1 less of the current poverty level, unless the applicant's
6969 2 assets that are not exempt under Part 9 or 10 of Article
7070 3 XII of the Code of Civil Procedure are of a nature and
7171 4 value that the court determines that the applicant is able
7272 5 to pay the assessments.
7373 6 (3) He or she is, in the discretion of the court,
7474 7 unable to proceed in an action with payment of assessments
7575 8 and whose payment of those assessments would result in
7676 9 substantial hardship to the person or his or her family.
7777 10 "Poverty level" means the current poverty level as
7878 11 established by the United States Department of Health and
7979 12 Human Services.
8080 13 (a-5) In a county having a population of more than
8181 14 3,000,000, "assessments" means any costs imposed on a criminal
8282 15 defendant under Article 15 of the Criminal and Traffic
8383 16 Assessment Act, including violation of the Illinois Vehicle
8484 17 Code assessments. This subsection is inoperative on and after
8585 18 July 1, 2024.
8686 19 (b) For criminal offenses reflected in Schedules 1, 3, 4,
8787 20 5, 7, and 8 of Article 15 of the Criminal and Traffic
8888 21 Assessment Act, upon the application of any defendant, after
8989 22 the commencement of an action, but no later than 30 days after
9090 23 sentencing:
9191 24 (1) (Blank). If the court finds that the applicant is
9292 25 an indigent person, the court shall grant the applicant a
9393 26 full assessment waiver exempting him or her from the
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104104 1 payment of any assessments.
105105 2 (2) Upon proof of need by the applicant, the The court
106106 3 shall grant the applicant a partial assessment as follows:
107107 4 (A) 75% of all assessments shall be waived if the
108108 5 applicant's available income is greater than 200% but
109109 6 no more than 250% of the poverty level, unless the
110110 7 applicant's assets that are not exempt under Part 9 or
111111 8 10 of Article XII of the Code of Civil Procedure are
112112 9 such that the applicant is able, without undue
113113 10 hardship, to pay the total assessments.
114114 11 (B) 50% of all assessments shall be waived if the
115115 12 applicant's available income is greater than 250% but
116116 13 no more than 300% of the poverty level, unless the
117117 14 applicant's assets that are not exempt under Part 9 or
118118 15 10 of Article XII of the Code of Civil Procedure are
119119 16 such that the court determines that the applicant is
120120 17 able, without undue hardship, to pay a greater portion
121121 18 of the assessments.
122122 19 (C) 25% of all assessments shall be waived if the
123123 20 applicant's available income is greater than 300% but
124124 21 no more than 400% of the poverty level, unless the
125125 22 applicant's assets that are not exempt under Part 9 or
126126 23 10 of Article XII of the Code of Civil Procedure are
127127 24 such that the court determines that the applicant is
128128 25 able, without undue hardship, to pay a greater portion
129129 26 of the assessments.
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140140 1 (b-5) For traffic and petty offenses reflected in
141141 2 Schedules 2, 6, 9, 10, and 13 of Article 15 of the Criminal and
142142 3 Traffic Assessment Act, upon the application of any defendant,
143143 4 after the commencement of an action, but no later than 30 days
144144 5 after sentencing, the court shall grant the applicant a
145145 6 partial assessment as follows:
146146 7 (1) 50% of all assessments shall be waived if the
147147 8 court finds that the applicant is an indigent person or if
148148 9 the applicant's available income is not greater than 200%
149149 10 of the poverty level, unless the applicant's assets that
150150 11 are not exempt under Part 9 or 10 of Article XII of the
151151 12 Code of Civil Procedure are such that the applicant is
152152 13 able, without undue hardship, to pay the total
153153 14 assessments.
154154 15 (2) 37.5% of all assessments shall be waived if the
155155 16 applicant's available income is greater than 200% but no
156156 17 more than 250% of the poverty level, unless the
157157 18 applicant's assets that are not exempt under Part 9 or 10
158158 19 of Article XII of the Code of Civil Procedure are such that
159159 20 the applicant is able, without undue hardship, to pay the
160160 21 total assessments.
161161 22 (3) 25% of all assessments shall be waived if the
162162 23 applicant's available income is greater than 250% but no
163163 24 more than 300% of the poverty level, unless the
164164 25 applicant's assets that are not exempt under Part 9 or 10
165165 26 of Article XII of the Code of Civil Procedure are such that
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176176 1 the court determines that the applicant is able, without
177177 2 undue hardship, to pay a greater portion of the
178178 3 assessments.
179179 4 (4) 12.5% of all assessments shall be waived if the
180180 5 applicant's available income is greater than 300% but no
181181 6 more than 400% of the poverty level, unless the
182182 7 applicant's assets that are not exempt under Part 9 or 10
183183 8 of Article XII of the Code of Civil Procedure are such that
184184 9 the court determines that the applicant is able, without
185185 10 undue hardship, to pay a greater portion of the
186186 11 assessments.
187187 12 (c) An application for a waiver of assessments shall be in
188188 13 writing, signed by the defendant or, if the defendant is a
189189 14 minor, by another person having knowledge of the facts, and
190190 15 filed no later than 30 days after sentencing. The contents of
191191 16 the application for a waiver of assessments, and the procedure
192192 17 for deciding the applications, shall be established by Supreme
193193 18 Court Rule. Factors to consider in evaluating an application
194194 19 shall include:
195195 20 (1) the applicant's receipt of needs based
196196 21 governmental public benefits, including Supplemental
197197 22 Security Income (SSI); Aid to the Aged, Blind and Disabled
198198 23 (AABD); Temporary Assistance for Needy Families (TANF);
199199 24 Supplemental Nutrition Assistance Program (SNAP or "food
200200 25 stamps"); General Assistance; Transitional Assistance; or
201201 26 State Children and Family Assistance;
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212212 1 (2) the employment status of the applicant and amount
213213 2 of monthly income, if any;
214214 3 (3) income received from the applicant's pension,
215215 4 Social Security benefits, unemployment benefits, and other
216216 5 sources;
217217 6 (4) income received by the applicant from other
218218 7 household members;
219219 8 (5) the applicant's monthly expenses, including rent,
220220 9 home mortgage, other mortgage, utilities, food, medical,
221221 10 vehicle, childcare, debts, child support, and other
222222 11 expenses; and
223223 12 (6) financial affidavits or other similar supporting
224224 13 documentation provided by the applicant showing that
225225 14 payment of the imposed assessments would result in
226226 15 substantial hardship to the applicant or the applicant's
227227 16 family.
228228 17 (d) The clerk of court shall provide the application for a
229229 18 partial waiver of assessments to any defendant who indicates
230230 19 an inability to pay the assessments. The clerk of the court
231231 20 shall post in a conspicuous place in the courthouse a notice,
232232 21 no smaller than 8.5 x 11 inches and using no smaller than
233233 22 30-point typeface printed in English and in Spanish, advising
234234 23 criminal defendants they may ask the court for a partial
235235 24 waiver of any court ordered assessments. The notice shall be
236236 25 substantially as follows:
237237 26 "If you are unable to pay the required assessments,
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248248 1 you may ask the court to partially waive payment of them.
249249 2 Ask the clerk of the court for forms."
250250 3 (e) For good cause shown, the court may allow an applicant
251251 4 whose application is denied or who receives a partial
252252 5 assessment waiver to defer payment of the assessments, make
253253 6 installment payments, or make payment upon reasonable terms
254254 7 and conditions stated in the order.
255255 8 (f) Nothing in this Section shall be construed to affect
256256 9 the right of a party to court-appointed counsel, as authorized
257257 10 by any other provision of law or by the rules of the Illinois
258258 11 Supreme Court.
259259 12 (g) The provisions of this Section are severable under
260260 13 Section 1.31 of the Statute on Statutes.
261261 14 (Source: P.A. 102-558, eff. 8-20-21; 102-620, eff. 8-27-21.)
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