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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Unified Code of Corrections is amended by | ||||||
| 5 | changing Section 5-9-3 as follows:
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| 6 | (730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
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| 7 | Sec. 5-9-3. Default.
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| 8 | (a) An offender who defaults in the payment of a fine or
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| 9 | any
installment of that fine may be held in contempt and | ||||||
| 10 | imprisoned for nonpayment. The
court may issue a summons for | ||||||
| 11 | his or her appearance or a warrant of arrest. No less than 30 | ||||||
| 12 | days before the issuance of a warrant under this subsection, a | ||||||
| 13 | notice shall be mailed to the offender by first class mail to | ||||||
| 14 | the most recent address which the offender has provided to the | ||||||
| 15 | court. The notice shall contain the following information: | ||||||
| 16 | (1) the amount of the fine which is due and owing; | ||||||
| 17 | (2) the docket number of the case in which the fine was | ||||||
| 18 | assessed; | ||||||
| 19 | (3) the due date for payment of the fine; | ||||||
| 20 | (4) instructions as to how payment of the fine may be | ||||||
| 21 | made; | ||||||
| 22 | (5) an explanation that intentional refusal to pay the | ||||||
| 23 | fine may result in imprisonment; and | ||||||
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| 1 | (6) instructions as to how the offender may request a | ||||||
| 2 | hearing to present evidence that the offender did not | ||||||
| 3 | intentionally refuse to pay the fine, and that failure to | ||||||
| 4 | pay was the result of the offender's inability to pay the | ||||||
| 5 | fine.
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| 6 | (b) Unless the offender shows that his or her default was | ||||||
| 7 | not due to his
or her intentional refusal to pay, or not due to | ||||||
| 8 | a failure on his or her part to make a
good faith effort to pay, | ||||||
| 9 | the court may order the offender imprisoned for a
term not to | ||||||
| 10 | exceed 6 months if the fine was for a felony, or 30 days if the
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| 11 | fine was for a misdemeanor, a petty offense, or a business | ||||||
| 12 | offense. Payment
of the fine at any time will entitle the | ||||||
| 13 | offender to be released, but
imprisonment under this Section | ||||||
| 14 | shall not satisfy the payment of the fine.
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| 15 | (c) If it appears that the default in the payment of a fine | ||||||
| 16 | is not
intentional under subsection paragraph (b) of this | ||||||
| 17 | Section, the court may enter an
order allowing the offender | ||||||
| 18 | additional time for payment, reducing the
amount of the fine or | ||||||
| 19 | of each installment, or revoking the fine or the
unpaid | ||||||
| 20 | portion.
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| 21 | (d) When a fine is imposed on a corporation or | ||||||
| 22 | unincorporated
organization or association, it is the duty of | ||||||
| 23 | the person or persons
authorized to make disbursement of | ||||||
| 24 | assets, and their superiors, to pay the
fine from assets of the | ||||||
| 25 | corporation or unincorporated organization or
association. The | ||||||
| 26 | failure of such persons to do so shall render them subject
to | ||||||
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| 1 | proceedings under subsections paragraphs (a) and (b) of this | ||||||
| 2 | Section.
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| 3 | (e) A default in the payment of a fine, fee, cost, order of | ||||||
| 4 | restitution, judgment of bond forfeiture, judgment order of | ||||||
| 5 | forfeiture, or any installment thereof
may be
collected by any | ||||||
| 6 | and all means authorized for the collection of money judgments. | ||||||
| 7 | The State's Attorney of the county in which the fine, fee, | ||||||
| 8 | cost, order of restitution, judgment of bond forfeiture, or | ||||||
| 9 | judgment order of forfeiture was imposed may retain
attorneys | ||||||
| 10 | and private collection agents for the purpose of collecting any
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| 11 | default in payment of any fine, fee, cost, order of | ||||||
| 12 | restitution, judgment of bond forfeiture, judgment order of | ||||||
| 13 | forfeiture, or installment thereof. An additional fee of 30% of | ||||||
| 14 | the delinquent amount and each taxable court cost including, | ||||||
| 15 | without limitation, costs of service of process, shall be | ||||||
| 16 | charged to the offender for any amount of the fine, fee, cost, | ||||||
| 17 | restitution, or judgment of bond forfeiture or installment of | ||||||
| 18 | the fine, fee, cost, restitution, or judgment of bond | ||||||
| 19 | forfeiture that remains unpaid after the time fixed for payment | ||||||
| 20 | of the fine, fee, cost, restitution, or judgment of bond | ||||||
| 21 | forfeiture by the court. The additional fee shall be payable to | ||||||
| 22 | the State's Attorney in order to compensate the State's | ||||||
| 23 | Attorney for costs incurred in collecting the delinquent | ||||||
| 24 | amount. The State's Attorney may enter into agreements | ||||||
| 25 | assigning any portion of the fee to the retained attorneys or | ||||||
| 26 | the private collection agent retained by the State's Attorney. | ||||||
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| 1 | Any agreement between the State's Attorney and the retained | ||||||
| 2 | attorneys or collection agents shall require the approval of | ||||||
| 3 | the Circuit Clerk of that county. A default in payment of a | ||||||
| 4 | fine, fee, cost, restitution, or judgment of bond forfeiture | ||||||
| 5 | shall draw interest at the rate of 9% per annum.
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| 6 | (Source: P.A. 98-373, eff. 1-1-14.)
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