Illinois 97th Regular Session Status: Enacted 1 D cosponsors

SB 3602 — CRIME VICTIMS ASSISTANCE FUND

Last action — Public Act . . . . . . . . . 97-0816

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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 10, 2012. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 3 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 Clerks of Courts Act. Provides that if a defendant is unable to pay the total fines, fees, and costs at the time of sentencing, the circuit clerk may establish a payment schedule based upon the information provided on a form prepared by the clerk setting forth the defendant's assets, liabilities, income, and expenses. Provides that in evaluating the defendant's expenses, the clerk shall consider only reasonable, necessary expenses. Provides that the clerk may modify the payment schedule upon a showing of good cause by the defendant. Amends the Violent Crime Victims Assistance Act. Changes the additional penalty imposed, the proceeds of which are deposited into the Violent Crime Victims Assistance Fund to: (1) $100 for a felony; (2) $50 for an offense under the Illinois Vehicle Code, excluding speeding offenses and certain equipment offenses and certain other violations; and (3) $75 for a misdemeanor, excluding conservation offenses. Provides that if the court does not impose the fine, the Attorney General or the State's Attorney may file a motion to have the court correct the sentence and impose the mandatory fine. Effective July 1, 2012.

Bill Text

What changed in the latest version

86 added · 89 removed

Plain-language change summary

The amendment to SB 3602 removes a provision that allowed the Attorney General or State's Attorney to request the court to impose a mandatory fine if it wasn't originally imposed. This change means that once a judge sets a sentence, it cannot be modified by prosecution to add fines after the fact. This matters because it simplifies the sentencing process and reduces potential pressure on judges to increase penalties, ensuring a more straightforward approach for defendants.

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Latest
SB3602 Engrossed LRB097 18034 RLC 65631 b AN ACT concerning criminal law.
SB3602 Enrolled LRB097 18034 RLC 65631 b AN ACT concerning criminal law.
SB3602 Engrossed - 2 - LRB097 18034 RLC 65631 b Notwithstanding any other provision of this Section, the penalty established in this Section shall be assessed for any violation of Section 11-601.5, 11-605.2, or 11-605.3 of the Illinois Vehicle Code.
SB3602 Enrolled - 2 - LRB097 18034 RLC 65631 b Notwithstanding any other provision of this Section, the penalty established in this Section shall be assessed for any violation of Section 11-601.5, 11-605.2, or 11-605.3 of the Illinois Vehicle Code.
If the court does not impose the fine, the Attorney General or the State's Attorney may file a motion to have the court correct the sentence and impose the mandatory fine.
Each such additional penalty collected under this subsection (b) or SB3602 Engrossed - 3 - LRB097 18034 RLC 65631 b subsection (c) of this Section shall be remitted by the Clerk of the Circuit Court within one month after receipt to the State Treasurer for deposit into the Violent Crime Victims Assistance Fund, except as provided in subsection (g) of this Section.
Each such additional penalty collected under this subsection (b) or subsection (c) of this Section shall be remitted by the Clerk of the Circuit Court within one month after receipt to the State Treasurer for deposit into the Violent Crime Victims SB3602 Enrolled - 3 - LRB097 18034 RLC 65631 b Assistance Fund, except as provided in subsection (g) of this Section.
For purposes of this Section "fees of the Circuit Clerk" shall include, if applicable, the fee provided for under Section 27.3a of the Clerks of Courts Act and the fee, if applicable, payable to the county in which the violation occurred pursuant to Section 5-1101 of the Counties SB3602 Engrossed - 4 - LRB097 18034 RLC 65631 b Code.
For purposes of this Section "fees of the Circuit Clerk" shall include, if applicable, the fee provided for under Section 27.3a of the Clerks of Courts Act and the fee, if applicable, payable to the county in which the violation occurred pursuant to Section 5-1101 of the Counties Code.
(c) When any person is convicted in Illinois on or after August 28, 1986, of an offense listed below, or placed on supervision for such an offense on or after September 18, 1986, and no other fine is imposed, the following penalty shall be collected by the Circuit Court Clerk:
(c) When any person is convicted in Illinois on or after August 28, 1986, of an offense listed below, or placed on SB3602 Enrolled - 4 - LRB097 18034 RLC 65631 b supervision for such an offense on or after September 18, 1986, and no other fine is imposed, the following penalty shall be collected by the Circuit Court Clerk:
SB3602 Engrossed - 5 - LRB097 18034 RLC 65631 b (g) All amounts and charges imposed under this Section for any violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, or any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and disbursed by the circuit clerk as provided under Section 27.5 of the Clerks of Courts Act.
(g) All amounts and charges imposed under this Section for any violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, or SB3602 Enrolled - 5 - LRB097 18034 RLC 65631 b any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and disbursed by the circuit clerk as provided under Section 27.5 of the Clerks of Courts Act.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 97-0816

  2. Effective Date July 16, 2012

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 054-000-000

  7. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000

  8. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary

  9. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  10. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Heather A. Steans

  11. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 29, 2012

  12. Secretary's Desk - Concurrence House Amendment(s) 1

  13. Third Reading - Short Debate - Passed 110-002-001

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

  15. Second Reading - Short Debate

  16. Placed on Calendar 2nd Reading - Short Debate

  17. Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 010-000-000

  18. House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote

  19. House Committee Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee

  20. House Committee Amendment No. 1 Referred to Rules Committee

  21. House Committee Amendment No. 1 Filed with Clerk by Rep. Ann Williams

  22. Added Alternate Co-Sponsor Rep. Sara Feigenholtz

  23. Assigned to Judiciary I - Civil Law Committee

  24. Alternate Chief Sponsor Changed to Rep. Ann Williams

  25. Referred to Rules Committee

  26. First Reading

  27. Placed on Calendar Order of First Reading

  28. Chief House Sponsor Rep. Marlow H. Colvin

  29. Arrived in House

  30. Third Reading - Passed; 052-000-000

  31. Placed on Calendar Order of 3rd Reading

  32. Senate Floor Amendment No. 1 Adopted; Steans

  33. Recalled to Second Reading

  34. Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 010-000-000

  35. Senate Floor Amendment No. 1 Assignments Refers to Judiciary

  36. Senate Floor Amendment No. 1 Referred to Assignments

  37. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Heather A. Steans

  38. Added as Co-Sponsor Sen. Darin M. LaHood

  39. Placed on Calendar Order of 3rd Reading March 22, 2012

  40. Second Reading

  41. Added as Co-Sponsor Sen. Pat McGuire

  42. Added as Co-Sponsor Sen. William Delgado

  43. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  44. Placed on Calendar Order of 2nd Reading February 29, 2012

  45. Do Pass Judiciary; 008-000-000

  46. Added as Co-Sponsor Sen. Michael W. Frerichs

  47. Added as Chief Co-Sponsor Sen. Pamela J. Althoff

  48. Assigned to Judiciary

  49. Referred to Assignments

  50. First Reading

  51. Filed with Secretary by Sen. Heather A. Steans

Sponsors

Sponsorship breakdown

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0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"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

Concurrence

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 42004
Democrat 9001
Republican 3000
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Haine — Yea
Link — Yea
McCann — Yea
McCarter — Yea
Meeks — Yea
Millner — Yea
Schoenberg — Yea
Silverstein — Yea
Brady — Yea
Steans — Yea
Jacobs — Yea
Johnson, C. — Yea
McGuire — Yea
Johnson, T. — Yea
Clayborne — Yea
Crotty — Yea
Cultra — Yea
Sullivan — Yea
Kotowski — Yea
Landek — Yea
Cullerton — Yea
Luechtefeld — Not Voting
Jones, J. — Not Voting
Mulroe — Yea
Muñoz — Yea
Noland — Yea
Trotter — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Hutchinson — Not Voting
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
LaHood — Yea
Lauzen — Yea
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 Not Voting
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Third Reading

Passed 110 Yea · 2 Nay · 6 Other
Party YeaNayPresentNot Voting
Democrat 17000
Unaffiliated 87206
Republican 6000
Total 110206
% of votes cast 93%2%0%5%
How each member voted (118)
Member Party Vote
Brauer — Yea
Brown — Yea
Carli — Yea
Dunkin — Yea
Gaffney — Yea
Jakobsson — Yea
Jefferson — Yea
Kay — Yea
Krezwick — Yea
Lang — Yea
Leitch — Yea
Dugan — Yea
Mathias — Yea
Lyons — Yea
McAuliffe — Yea
Mell — Yea
Moffitt — Yea
Morthland — Yea
Mulligan — Yea
Nekritz — Yea
Bradley — Yea
Penny — Yea
Brady — Yea
Soto — Yea
Thapedi — Yea
Mitchell, Bill — Yea
Tryon — Yea
Burke, Daniel — Yea
Mitchell, Jerry — Yea
Turner — Yea
Unes — Yea
Verschoore — Yea
Sullivan — Yea
Harris, David — Yea
Harris, Greg — Yea
Hernandez — Yea
Watson — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Connelly — Yea
Costello — Yea
Durkin — Yea
Farnham — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Golar — Yea
Gordon — Yea
Hatcher — Yea
Hays — Yea
Howard — Yea
Williams — Yea
Jones — Yea
Davis, Monique — Not Voting
Burke, Kelly — Not Voting
McAsey — Not Voting
Pihos — Nay
Winters — Yea
Yarbrough — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Jackson — Yea
Kosel — Nay
Zalewski — Yea
Nybo — Yea
Osmond — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Roth — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Not Voting
Senger — Yea
Sente — Yea
Sommer — Yea
Madigan — Yea
Acevedo — Not Voting
Arroyo — Yea
Barickman — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biss — Yea
Mautino — Not Voting
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 Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
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 Yea
Chapin Rose Republican Yea
Jil Tracy Republican Yea
Joe C. Sosnowski Republican Yea
Norine K. Hammond Republican Yea
Wayne A. Rosenthal Republican Yea

Official roll call →

Third Reading

Passed 52 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 41005
Democrat 8002
Republican 3000
Total 52007
% of votes cast 88%0%0%12%
How each member voted (59)
Member Party Vote
Crotty — Yea
Mulroe — Yea
Haine — Yea
Link — Yea
Maloney — Yea
McCann — Yea
McCarter — Yea
Muñoz — Yea
Brady — Yea
Jacobs — Yea
Johnson, C. — Yea
McGuire — Yea
Johnson, T. — Yea
Jones, J. — Yea
Sullivan — Yea
Schoenberg — Yea
Clayborne — Yea
Dillard — Yea
Duffy — Yea
Silverstein — Yea
Steans — Yea
LaHood — Yea
Cullerton — Yea
Landek — Yea
Lauzen — Yea
Meeks — Not Voting
Millner — Not Voting
Noland — Yea
Trotter — Yea
Cultra — Not Voting
Forby — Yea
Frerichs — Yea
Garrett — Yea
Hutchinson — Not Voting
Kotowski — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
Luechtefeld — 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 Not Voting
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

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Frequently asked questions

What does SB 3602 do?
Amends the Clerks of Courts Act. Provides that if a defendant is unable to pay the total fines, fees, and costs at the time of sentencing, the circuit clerk may establish a payment schedule based upon the information provided on a form prepared by the clerk setting forth the defendant's assets, liabilities, income, and expenses. Provides that in evaluating the defendant's expenses, the clerk shall consider only reasonable, necessary expenses. Provides that the clerk may modify the payment schedule upon a showing of good cause by the defendant. Amends the Violent Crime Victims Assistance Act. Changes the additional penalty imposed, the proceeds of which are deposited into the Violent Crime Victims Assistance Fund to: (1) $100 for a felony; (2) $50 for an offense under the Illinois Vehicle Code, excluding speeding offenses and certain equipment offenses and certain other violations; and (3) $75 for a misdemeanor, excluding conservation offenses. Provides that if the court does not impose the fine, the Attorney General or the State's Attorney may file a motion to have the court correct the sentence and impose the mandatory fine. Effective July 1, 2012.
Who sponsors SB 3602?
SB 3602 is sponsored by Heather A. Steans and Sara Feigenholtz (Democrat).
What is the current status of SB 3602?
This bill has been enacted into law. Introduced February 10, 2012. Enacted.
Where can I track SB 3602?
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