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An Ordinance Increasing the Court System Fee Collected by the Circuit Court Clerk in Cook County

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Activity Log
Full Text of Legislation
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Date Introduced: 2/6/2008
Date Passed:
2/20/2008

Sponsors:
Suffredin
Co-Sponsors:

Summary:

Ordinance to levy Court Services Fee on certain violations.


Activity Log:

2/6/2008
Referred to Committee on Finance.
2/20/2008
Amended in Finance Committee: language to allow for a reduction in the Clerk's appropriation in case of a shortfall in revenue collection; also changes effective date.
2/20/2008
Approved by Committee on Finance.

Full Text of Legislation:

 

 

 

PROPOSED ORDINANCE

 

Sponsored by:

THE HONORABLE LARRY SUFFREDIN, COUNTY COMMISSIONER

 

AN ORDINANCE INCREASING THE COURT SYSTEM FEE COLLECTED BY THE CIRCUIT COURT CLERK OF COOK COUNTY

 

BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 18 Courts, Article II, Sec. 18-35 of the Cook County Code is hereby amended as follows:

 

Sec. 18-35.  Court system fee imposed on traffic violations.

 

A court system fee as set out in Section 32-1 shall be:

 

(a)                Assessed against the defendant and The Clerk of the Circuit Court of the County shall charge and collect a fee as set out in Section 32-1 which shall be added to all fines imposed for traffic violation of the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.), other than 625 ILCS 5/11-501 (driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof), or violations of similar provisions contained in County or municipal ordinances committed in the County, and a fee as set out in Section 32-1 to be added to all fines imposed for violation of 625 ILCS 5/11-501 (driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof), or a violation of a similar provision contained in County or municipal ordinances committed in the County.  The proceeds of such fees shall be used to finance the court system of the County.

(b)               Assessed against the defendant on a judgment of guilty or a grant of supervision under 730 ILCS 5/5-9-1 (Unified Code of Corrections) for a felony, Class A misdemeanor, Class B misdemeanor, Class C misdemeanor, petty offense, and for a business offense.  The proceeds of such fees shall be used to finance the court system of the County.

(c)                Assessed against the defendant and added to all fines imposed for the second or subsequent violations of 625 ILCS 5/11-501 (driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof), or violations of similar provisions contained in county or municipal ordinances committed in the county.  The proceeds of this fee shall be placed in the County general fund and used to finance education programs related to driving under the influence of alcohol or drugs.

(d)(b)  The fee shall be in addition to all other fines and charges assessed by the Circuit Court of the County and shall be remitted by the clerk of the Circuit Court of the County to the County Treasurer for deposit.

 

BE IT FURTHER ORDAINED, the fee increase imposed herein shall be reflected in a corresponding projection of annual revenue, as stated in writing by the Clerk of the Circuit Court.  In the event of a shortfall between the estimated annual revenue, and the actual annual revenue collected from the fees, the amount of the shortfall shall be imposed as a reduction in the annual appropriation for the operating budget of the Clerk of the Circuit Court.

 

BE IT FURTHER ORDAINED, by the Cook County Board of Commissioners, the Chapter 32 Fees, Section 32-1 of the Cook County Code is hereby amended as follows:

 

Sec 32-1.  Fee schedule.

 

The Fees or charges provided for or required by the below listed sections shall be as shown below:

 

Chapter 18, Courts

 

 

 

 

18-35 (a)

Court System Fee:  Violation of 625 ILCS 5/1-100 et seq. or similar County or municipal ordinance.

5.00

 

Court System Fee:  First vViolation of 625 ILCS 5/11-501 (driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof), or a County or municipal provision.

30.00

18-35(d)

Court System Fee:  Second or Subsequent violation of 625 ILCS 5/11-501 (driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof), or a County or municipal provision.

100.00

18-35 (c)

Court System Fee, to be paid upon a Judgment of Guilty or Grant of Supervision under 730 ILCS 5/5-9-1 (Unified Code of Corrections)

 

 

For a felony

50.00

 

For a Class A misdemeanor

25.00

 

For a Class B or Class C misdemeanor

15.00

 

For a petty offense

10.00

 

For a business offense

10.00

 

Effective date:  This Ordinance shall be effective upon adoption March 1, 2008.


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