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LEGISLATIVE UPDATE

Mar 26, 2017

HB 2591 – Court Fee Distribution Schedules

House Bill 2591 creates the Criminal and Traffic Assessment Act. This new act identifies costs, fees, and surcharges across several statutes that courts are authorized to impose upon defendants and compiles those into new schedules of assessments. Courts are authorized to impose a schedule of assessment on a defendant, and the schedule provides for the distribution of the proceeds from the costs, fees, and surcharges between a county, its departments, and other entities and funds.

UPDATE: House Bill 2591 has passed out of committee and advanced to debate on the floor of the House of Representatives.

Members are encouraged to review the amendment to this bill, as the bill reduces the proceeds all entities receive from these legal proceedings.

SB 1275 – Juror Compensation

In Kakos v. Butler, 2016 IL 120377, the Illinois Supreme Court addressed the constitutionality of Public Act 98-1132, which had reduced the jury size in civil cases to six and significantly increased the amount of compensation required to be paid to jurors.  UCCI submitted an amicus brief arguing that if the reduction in jury size was unconstitutional, the entire Act must be held unconstitutional because the increase in juror compensation was tied to the reduction in jury size.  The Supreme Court agreed and held that Public Act 98-1132 was unconstitutional and void in its entirety.

Senate Bill 1275 reenacts Section 4-11001 of the Counties Code (55 ILCS 5/4-11001) and Section 1105 of the Code of Civil Procedure (735 ILCS 5/2-1105) as they existed prior to the unconstitutional changes made by Public Act 98-1132.  Thus, the juror fees that each county is required to pay to grand and petit jurors for their services in attending courts is the sum of $4 (first class counties), $5 (second class counties), or $10 (third class counties) for each day, or a higher amount approved by the county board.

UPDATE: Senate Bill 1275 has been re-referred to the Senate Committee on Assignments, which indicates progress on the bill is likely stalled.

SB 0685 – State’s Attorney Salary

Senate Bill 0685 amends Section 5/4-2001 of the Counties Code to provide that a county board may establish a salary for a State’s attorney that is higher than the salary provided for in the Counties Code. However, any salary above the amounts provided for in the Counties Code shall be paid out of the county treasury.

Senate Amendment No. 2 to the Bill, which amends the bill to permit similar salary increases for public defenders, is pending before the Senate Government Reform committee.

 




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