|
|
|
|
SB1545 Engrossed |
|
LRB095 10675 RLC 30906 b |
|
|
| 1 |
| AN ACT concerning criminal law.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Unified Code of Corrections is amended by |
| 5 |
| changing Section 5-9-3 as follows:
|
| 6 |
| (730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
|
| 7 |
| Sec. 5-9-3. Default.
|
| 8 |
| (a) An offender who defaults in the payment of a fine or
|
| 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 appearance or a warrant of arrest.
|
| 12 |
| (b) Unless the offender shows that his default was not due |
| 13 |
| to his
intentional refusal to pay, or not due to a failure on |
| 14 |
| his part to make a
good faith effort to pay, the court may |
| 15 |
| order the offender imprisoned for a
term not to exceed 6 months |
| 16 |
| if the fine was for a felony, or 30 days if the
fine was for a |
| 17 |
| misdemeanor, a petty offense or a business offense. Payment
of |
| 18 |
| the fine at any time will entitle the offender to be released, |
| 19 |
| but
imprisonment under this Section shall not satisfy the |
| 20 |
| payment of the fine.
|
| 21 |
| (c) If it appears that the default in the payment of a fine |
| 22 |
| is not
intentional under paragraph (b) of this Section, the |
| 23 |
| court may enter an
order allowing the offender additional time |
|
|
|
SB1545 Engrossed |
- 2 - |
LRB095 10675 RLC 30906 b |
|
|
| 1 |
| for payment, reducing the
amount of the fine or of each |
| 2 |
| installment, or revoking the fine or the
unpaid portion.
|
| 3 |
| (d) When a fine is imposed on a corporation or |
| 4 |
| unincorporated
organization or association, it is the duty of |
| 5 |
| the person or persons
authorized to make disbursement of |
| 6 |
| assets, and their superiors, to pay the
fine from assets of the |
| 7 |
| corporation or unincorporated organization or
association. The |
| 8 |
| failure of such persons to do so shall render them subject
to |
| 9 |
| proceedings under paragraphs (a) and (b) of this Section.
|
| 10 |
| (e) A default in the payment of a fine, judgment order of |
| 11 |
| forfeiture, order of restitution, or any installment thereof
|
| 12 |
| may be
collected by any and all means authorized for the |
| 13 |
| collection of money judgments. The State's Attorney of the |
| 14 |
| county in which the fine, judgment order of forfeiture, or |
| 15 |
| order of restitution was imposed may retain
attorneys and |
| 16 |
| private collection agents for the purpose of collecting any
|
| 17 |
| default in payment of any fine, judgment order of forfeiture, |
| 18 |
| order of restitution, or installment thereof
of that fine. The |
| 19 |
| fees and
costs incurred by the State's Attorney in any such |
| 20 |
| collection and the fees
and charges of attorneys and private |
| 21 |
| collection agents retained by the State's Attorney for those |
| 22 |
| purposes shall be charged to the offender.
|
| 23 |
| (Source: P.A. 93-693, eff. 1-1-05.)
|