New laws or resolutions affecting the courts enacted or adopted by the Illinois legislature in 2011 include the following:
HB 176 Increases the fee that the county board may authorize the circuit clerk to collect for automated record keeping to not less than $10 (rather than $1) and not more than $20 (rather than $15). Provides that an additional fine of $25 shall be imposed upon a person convicted of any violation of the Criminal Code of 1961 who was at the time of the commission of the offense in violation of parole orders. Provides that $5 of the fine shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court to be used to offset the costs incurred by the Circuit Court Clerk in performing the additional duties required to collect and disburse funds as provided by law.
HB 1258 Provides that of the amounts collected as fines under the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act for emergency response, 99% shall be deposited to the law enforcement agency or fund specified and 1% shall be deposited into the Circuit Court Clerk Operation and Administrative Fund to be used to offset the costs incurred by the Circuit Court Clerk in performing the additional duties required to collect and disburse funds to entities of State and local government as provided by law.
HB 3346 Provides that the Director of State Police may direct the use of an additional fee paid by a defendant in any felony, traffic, misdemeanor, local ordinance, or conservation case upon a judgment of guilty or grant of supervision for homeland security purposes by quarterly transferring these fees into the ILEAS Fund. Provides that, subject to the approval of the ILEAS Executive Board, the amounts transferred from the additional fees into the Fund shall be allocated as follows: (i) 66.6% for homeland security initiatives and (ii) 33.3% for airborne operations.
HB 3417 Provides that moneys collected from the fee imposed on defendants convicted of non-alcohol and non-drug offenses and placed on probation or conditional discharge shall be deposited in the probation and court services fund (rather than the working cash fund).
SB 1586 For judicial candidates, requires at least 1,000 signatures in circuits and subcircuits located in the First Judicial District or 500 signatures in every other Judicial District (currently set at 500 signatures in any circuit or subcircuit).
SB 1631 Provides that, pursuant to an administrative order from the chief judge of the circuit or the presiding judge of the county authorizing such collection, a clerk of the circuit court in any county that imposes a court automation fee shall also charge and collect an additional $10 operations fee for probation and court services department operations. Provides certain exceptions to new $10 fee. Provides that in relation to the payment of salaries of probation officers and other court services personnel whose salaries are reimbursed under the Act in any State fiscal year that the appropriation for reimbursement to counties for probation salaries and services is less than the amount appropriated to the Supreme Court for these purposes for State Fiscal Year 2002, the Administrative Office of the Illinois Courts shall adjust this amount appropriated in 2002 by 3% per year and may continue to permit use of the probation and court services fund for salaries in any State fiscal year where the State reimbursement to counties is regularly delayed more than 4 months.
SB 1703 Provides that a clerk of the circuit court in any county that imposes a fee for automated record keeping shall charge and collect an additional fee in an amount equal to the amount of that fee.