Illinois 97th Regular Session Status: Enacted

SB 1047 — CRIMINAL LAW-TECH

Last action — Public Act . . . . . . . . . 97-0761

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 08, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the definition of "severely or profoundly mentally retarded person".

Bill Text

What changed in the latest version

14 added · 14 removed

Plain-language change summary

The recent amendment to SB 1047 updates the way counties can charge fees for automated court record-keeping systems. Specifically, it now allows county boards to set a court automation fee of between $1 and $15, which must be paid when initiating civil cases or in certain criminal cases. This change is important because it helps county clerks manage the costs of implementing necessary technology for more efficient court operations, ultimately aiming to improve the judicial process for everyone involved.

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SB1047 Engrossed LRB097 04751 RLC 44790 b AN ACT concerning criminal law.
SB1047 Enrolled LRB097 04751 RLC 44790 b AN ACT concerning criminal law.
Such fee shall be paid at the time of filing the first pleading, paper or other appearance filed by each party in all civil cases or by the defendant in any felony, traffic, misdemeanor, municipal ordinance, or conservation case upon a judgment of guilty or grant of supervision, provided that the record keeping system which SB1047 Engrossed - 2 - LRB097 04751 RLC 44790 b processes the case category for which the fee is charged is automated or has been approved for automation by the county board, and provided further that no additional fee shall be required if more than one party is presented in a single pleading, paper or other appearance.
Such fee shall be paid at the time of filing the first pleading, paper or other appearance filed by each party in all civil cases or by the defendant in any felony, traffic, misdemeanor, municipal ordinance, or conservation case upon a judgment of guilty or grant of supervision, provided that the record keeping system which SB1047 Enrolled - 2 - LRB097 04751 RLC 44790 b processes the case category for which the fee is charged is automated or has been approved for automation by the county board, and provided further that no additional fee shall be required if more than one party is presented in a single pleading, paper or other appearance.
With respect to the fee imposed and collected under subsection 1.1 of this Section, each clerk shall transfer all fees monthly to the county treasurer for deposit into the probation and court services fund created under Section 15.1 of the Probation and Probation Officers Act, and such monies shall SB1047 Engrossed - 3 - LRB097 04751 RLC 44790 b be disbursed from the fund only at the direction of the chief judge of the circuit or another judge designated by the Chief Circuit Judge in accordance with the policies and guidelines approved by the Supreme Court.
With respect to the fee imposed and collected under subsection 1.1 of this Section, each clerk shall transfer all fees monthly to the county treasurer for deposit into the probation and court services fund created under Section 15.1 of the Probation and Probation Officers Act, and such monies shall SB1047 Enrolled - 3 - LRB097 04751 RLC 44790 b be disbursed from the fund only at the direction of the chief judge of the circuit or another judge designated by the Chief Circuit Judge in accordance with the policies and guidelines approved by the Supreme Court.
The fund shall be audited by the county auditor, and the board SB1047 Engrossed - 4 - LRB097 04751 RLC 44790 b shall make expenditure from the fund in payment of any cost related to the automation of court records, including hardware, software, research and development costs and personnel related thereto, provided that the expenditure is approved by the clerk of the court and by the chief judge of the circuit court or his designate.
The fund shall be audited by the county auditor, and the board SB1047 Enrolled - 4 - LRB097 04751 RLC 44790 b shall make expenditure from the fund in payment of any cost related to the automation of court records, including hardware, software, research and development costs and personnel related thereto, provided that the expenditure is approved by the clerk of the court and by the chief judge of the circuit court or his designate.
(i) 66.6% shall be used for homeland security initiatives and (ii) 33.3% shall be used for airborne SB1047 Engrossed - 5 - LRB097 04751 RLC 44790 b operations.
(i) 66.6% shall be used for homeland security initiatives and (ii) 33.3% shall be used for airborne SB1047 Enrolled - 5 - LRB097 04751 RLC 44790 b operations.
Such fee shall be paid at the time of filing the first pleading, paper or other appearance filed by each party in all civil cases or by the defendant in any felony, traffic, misdemeanor, municipal ordinance, or conservation case upon a judgment of guilty or grant of supervision, provided that the record keeping system which processes the case category for which the fee is charged is automated or has been approved for automation by the county board, and provided further that no additional fee shall be SB1047 Engrossed - 6 - LRB097 04751 RLC 44790 b required if more than one party is presented in a single pleading, paper or other appearance.
Such fee shall be paid at the time of filing the first pleading, paper or other appearance filed by each party in all civil cases or by the defendant in any felony, traffic, misdemeanor, municipal ordinance, or conservation case upon a judgment of guilty or grant of supervision, provided that the record keeping system which processes the case category for which the fee is charged is automated or has been approved for automation by the county board, and provided further that no additional fee shall be SB1047 Enrolled - 6 - LRB097 04751 RLC 44790 b required if more than one party is presented in a single pleading, paper or other appearance.
With respect to the fee imposed and collected under subsection 1.1 of this Section, each clerk shall transfer all fees monthly to the county treasurer for deposit into the probation and court services fund created under Section 15.1 of the Probation and Probation Officers Act, and such monies shall be disbursed from the fund only at the direction of the chief judge of the circuit or another judge designated by the Chief Circuit Judge in accordance with the policies and guidelines SB1047 Engrossed - 7 - LRB097 04751 RLC 44790 b approved by the Supreme Court.
With respect to the fee imposed and collected under subsection 1.1 of this Section, each clerk shall transfer all fees monthly to the county treasurer for deposit into the probation and court services fund created under Section 15.1 of the Probation and Probation Officers Act, and such monies shall be disbursed from the fund only at the direction of the chief judge of the circuit or another judge designated by the Chief Circuit Judge in accordance with the policies and guidelines SB1047 Enrolled - 7 - LRB097 04751 RLC 44790 b approved by the Supreme Court.
This additional fee shall be paid by the defendant upon a judgment of guilty or grant of supervision for a conservation violation under the State Parks Act, the Recreational Trails of Illinois Act, the Illinois Explosives Act, the Timber Buyers Licensing Act, the Forest Products Transportation Act, the Firearm Owners Identification Card Act, the Environmental Protection Act, the Fish and Aquatic Life Code, the Wildlife Code, the Cave Protection Act, the Illinois Exotic Weed Act, the Illinois SB1047 Engrossed - 8 - LRB097 04751 RLC 44790 b Forestry Development Act, the Ginseng Harvesting Act, the Illinois Lake Management Program Act, the Illinois Natural Areas Preservation Act, the Illinois Open Land Trust Act, the Open Space Lands Acquisition and Development Act, the Illinois Prescribed Burning Act, the State Forest Act, the Water Use Act of 1983, the Illinois Youth and Young Adult Employment Act of 1986, the Snowmobile Registration and Safety Act, the Boat Registration and Safety Act, the Illinois Dangerous Animals Act, the Hunter and Fishermen Interference Prohibition Act, the Wrongful Tree Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of the Illinois Vehicle Code.
This additional fee shall be paid by the defendant upon a judgment of guilty or grant of supervision for a conservation violation under the State Parks Act, the Recreational Trails of Illinois Act, the Illinois Explosives Act, the Timber Buyers Licensing Act, the Forest Products Transportation Act, the Firearm Owners Identification Card Act, the Environmental Protection Act, the Fish and Aquatic Life Code, the Wildlife Code, the Cave Protection Act, the Illinois Exotic Weed Act, the Illinois SB1047 Enrolled - 8 - LRB097 04751 RLC 44790 b Forestry Development Act, the Ginseng Harvesting Act, the Illinois Lake Management Program Act, the Illinois Natural Areas Preservation Act, the Illinois Open Land Trust Act, the Open Space Lands Acquisition and Development Act, the Illinois Prescribed Burning Act, the State Forest Act, the Water Use Act of 1983, the Illinois Youth and Young Adult Employment Act of 1986, the Snowmobile Registration and Safety Act, the Boat Registration and Safety Act, the Illinois Dangerous Animals Act, the Hunter and Fishermen Interference Prohibition Act, the Wrongful Tree Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of the Illinois Vehicle Code.
The fund shall be audited by the county auditor, and the board shall make expenditure from the fund in payment of any cost SB1047 Engrossed - 9 - LRB097 04751 RLC 44790 b related to the automation of court records, including hardware, software, research and development costs and personnel related thereto, provided that the expenditure is approved by the clerk of the court and by the chief judge of the circuit court or his designate.
The fund shall be audited by the county auditor, and the board shall make expenditure from the fund in payment of any cost SB1047 Enrolled - 9 - LRB097 04751 RLC 44790 b related to the automation of court records, including hardware, software, research and development costs and personnel related thereto, provided that the expenditure is approved by the clerk of the court and by the chief judge of the circuit court or his designate.
The ILEAS Executive Board shall annually supply the SB1047 Engrossed - 10 - LRB097 04751 RLC 44790 b Director of State Police with a report of the use of these fees.
The ILEAS Executive Board shall annually supply the SB1047 Enrolled - 10 - LRB097 04751 RLC 44790 b Director of State Police with a report of the use of these fees.
The county treasurer of each county shall, on or before January 10 SB1047 Engrossed - 11 - LRB097 04751 RLC 44790 b of each year, submit an annual report to the Supreme Court.
The county treasurer of each county shall, on or before January 10 SB1047 Enrolled - 11 - LRB097 04751 RLC 44790 b of each year, submit an annual report to the Supreme Court.
(f) The county board may appropriate moneys from the SB1047 Engrossed - 12 - LRB097 04751 RLC 44790 b probation and court services fund, upon the direction of the chief judge, to support practices endorsed or required under the Sex Offender Management Board Act, including but not limited to sex offender evaluation, treatment, and monitoring programs that are or may be developed within the county.
(f) The county board may appropriate moneys from the SB1047 Enrolled - 12 - LRB097 04751 RLC 44790 b probation and court services fund, upon the direction of the chief judge, to support practices endorsed or required under the Sex Offender Management Board Act, including but not limited to sex offender evaluation, treatment, and monitoring programs that are or may be developed within the county.
(h) The Administrative Office of the Illinois Courts may permit a county or circuit to use its probation and court services fund for the payment of salaries of probation officers and other court services personnel whose salaries are reimbursed under this 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 SB1047 Engrossed - 13 - LRB097 04751 RLC 44790 b 2002, except that 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.
(h) The Administrative Office of the Illinois Courts may permit a county or circuit to use its probation and court services fund for the payment of salaries of probation officers and other court services personnel whose salaries are reimbursed under this 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 SB1047 Enrolled - 13 - LRB097 04751 RLC 44790 b 2002, except that 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.
SB1047 Engrossed - 14 - LRB097 04751 RLC 44790 b Section 99.
SB1047 Enrolled - 14 - LRB097 04751 RLC 44790 b Section 99.
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Action History

  1. Public Act . . . . . . . . . 97-0761

  2. Effective Date July 6, 2012

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 087-029-000

  7. Placed on Calendar Order of 3rd Reading - Short Debate

  8. Second Reading - Short Debate

  9. Placed on Calendar 2nd Reading - Short Debate

  10. Do Pass / Short Debate Judiciary II - Criminal Law Committee; 007-000-000

  11. Assigned to Judiciary II - Criminal Law Committee

  12. Referred to Rules Committee

  13. First Reading

  14. Chief House Sponsor Rep. Kelly M. Cassidy

  15. Placed on Calendar Order of First Reading

  16. Arrived in House

  17. Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  18. Third Reading - Passed; 049-000-000

  19. 3/5 Vote Required

  20. Placed on Calendar Order of 3rd Reading

  21. Senate Floor Amendment No. 2 Adopted; Mulroe

  22. Recalled to Second Reading

  23. Senate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 008-000-000

  24. Senate Floor Amendment No. 2 Assignments Refers to Criminal Law

  25. Senate Floor Amendment No. 2 Referred to Assignments

  26. Senate Floor Amendment No. 2 Filed with Secretary by Sen. John G. Mulroe

  27. Rule 2-10 Third Reading Deadline Established As November 10, 2011

  28. Senate Floor Amendment No. 1 Assignments Refers to Criminal Law

  29. Senate Floor Amendment No. 1 Referred to Assignments

  30. Senate Floor Amendment No. 1 Filed with Secretary by Sen. John G. Mulroe

  31. Chief Sponsor Changed to Sen. John G. Mulroe

  32. Placed on Calendar Order of 3rd Reading October 26, 2011

  33. Approved for Consideration Assignments

  34. Pursuant to Senate Rule 3-9(b) / Referred to Assignments

  35. Rule 2-10 Third Reading Deadline Established As May 4, 2011

  36. Placed on Calendar Order of 3rd Reading March 29, 2011

  37. Second Reading

  38. Placed on Calendar Order of 2nd Reading March 17, 2011

  39. Do Pass Executive; 015-000-000

  40. Assigned to Executive

  41. Referred to Assignments

  42. First Reading

  43. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • John G. Mulroe · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 8 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • John G. Mulroe

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 87 Yea · 29 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 732101
Democrat 14200
Republican 0600
Total 872901
% of votes cast 74%25%0%1%
How each member voted (117)
Member Party Vote
Brauer — Nay
Brown — Yea
Carli — Yea
McAsey — Yea
Franks — Nay
Golar — Yea
Jakobsson — Yea
Jefferson — Yea
Leitch — Nay
Madigan — Yea
Burke, Daniel — Yea
Mathias — Nay
Burke, Kelly — Yea
McAuliffe — Yea
Mell — Yea
Moffitt — Yea
Morthland — Nay
Sullivan — Yea
Mulligan — Yea
Harris, David — Yea
Nekritz — Yea
Harris, Greg — Yea
Pihos — Yea
Hernandez — Yea
Sente — Yea
Watson — Yea
Howard — Yea
Sommer — Nay
Williams — Yea
Soto — Yea
Thapedi — Yea
Jones — Yea
Davis, Monique — Yea
Tryon — Yea
Turner — Yea
Brady — Nay
Verschoore — Yea
Winters — Yea
Yarbrough — Yea
Mitchell, Bill — Nay
Mitchell, Jerry — Nay
Zalewski — Yea
Cavaletto — Nay
Coladipietro — Yea
Cole — Yea
Costello — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Fortner — Nay
Gaffney — Yea
Gordon — Yea
Jackson — Yea
Mautino — Yea
Reboletti — Yea
Lyons — Yea
Bradley — Yea
Dugan — Yea
Dunkin — Yea
Farnham — Yea
Flowers — Yea
Kosel — Yea
Osmond — Nay
Ramey — Nay
Unes — Nay
Connelly — Nay
Durkin — Not Voting
Hatcher — Nay
Hays — Nay
Kay — Nay
Nybo — Nay
Penny — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Reis — Nay
Riley — Yea
Roth — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Senger — Yea
Krezwick — Yea
Lang — Yea
Acevedo — Yea
Arroyo — Yea
Barickman — Nay
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biss — Yea
Bost — Yea
May — Yea
Chapa LaVia — Yea
Du Buclet — Yea
Anthony DeLuca Democrat Yea
Bill Cunningham Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Julie A. Morrison Democrat Nay
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Marcus C. Evans, Jr. Democrat Nay
Marcus C. Evans, Jr. Democrat Yea
Michelle Mussman Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Halbrook Republican Nay
Chapin Rose Republican Nay
Jil Tracy Republican Nay
Joe C. Sosnowski Republican Nay
Norine K. Hammond Republican Nay
Wayne A. Rosenthal Republican Nay

Official roll call →

Third Reading

Passed 49 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 37009
Democrat 9001
Republican 3000
Total 490010
% of votes cast 83%0%0%17%
How each member voted (59)
Member Party Vote
Meeks — Not Voting
Forby — Yea
Garrett — Yea
Hutchinson — Yea
Link — Yea
McCann — Yea
Millner — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Brady — Yea
Johnson, C. — Yea
Johnson, T. — Yea
Crotty — Yea
Haine — Yea
Sullivan — Yea
Jones, J. — Yea
LaHood — Yea
Cullerton — Yea
Landek — Yea
Lauzen — Yea
Luechtefeld — Not Voting
Jacobs — Not Voting
McCarter — Not Voting
Mulroe — Yea
Muñoz — Yea
Noland — Yea
Clayborne — Not Voting
Cultra — Yea
Dillard — Not Voting
Duffy — Yea
Frerichs — Yea
Trotter — Yea
Wilhelmi — Yea
Kotowski — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Not Voting
Sandack — Yea
Sandoval — Not Voting
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Not Voting
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Not Voting
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 1047 do?
Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the definition of "severely or profoundly mentally retarded person".
Who sponsors SB 1047?
SB 1047 is sponsored by John G. Mulroe.
What is the current status of SB 1047?
This bill has been enacted into law. Introduced February 08, 2011. Enacted.
Where can I track SB 1047?
Track SB 1047 free on One Click Politics — get push/email alerts when it moves.

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