All Roll Calls
Yes: 128 • No: 69
IllinoisSB0108104th General Assembly (2025–2026)Senate
CRIM PRO-ASSESSMENT FEES
Sponsored By: Javier L. Cervantes (Democratic)
Became Law
assignmentscriminal lawjudiciary - criminal
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
Court fee waivers for low-income defendants
Low‑income defendants can get court assessments (state‑set fees) waived or reduced. You are indigent if you get SSI, AABD, TANF, SNAP, General Assistance, Transitional Assistance, or State Children and Family Assistance. You are also indigent if your income is at or below 200% of the HHS poverty guideline and you lack nonexempt assets, or if a judge finds paying would cause serious hardship. For offenses in Schedules 1, 3, 4, 5, 7, or 8, file a written request after the case starts and no later than 30 days after sentencing. If you are indigent, the court waives 100% of assessments. If your income is over 200% of poverty, you can still get 75%, 50%, or 25% off as income rises from 200% to 400% of poverty, unless your nonexempt assets can pay. For traffic or petty offenses in Schedules 2, 6, 9, 10, or 13, you get 50% off if indigent or at or below 200% of poverty; 37.5%, 25%, or 12.5% off between 200% and 400% of poverty, unless nonexempt assets can pay.
More fees counted in largest county
In any county with more than 3,000,000 people, the law counts Illinois Vehicle Code costs as assessments too. That means more fees can be included for defendants there. This rule stops on July 1, 2025.
How to apply and pay later
You must file a written, signed waiver application. A minor’s form may be signed by someone who knows their finances. File after the case starts and no later than 30 days after sentencing. Courts follow Supreme Court rules and consider benefits, job status and monthly income; pensions, Social Security, or unemployment; household income; monthly expenses; and sworn financial papers. If you say you cannot pay, the clerk must give you the form and post a large English and Spanish notice (at least 8.5 x 11 inches, 30‑point type). If your waiver is denied or only partial, the court can let you pay later or in installments for good cause. Your right to a court‑appointed lawyer stays the same.
Sponsors & Cosponsors
Sponsor
Javier L. Cervantes
Democratic • Senate
Cosponsors
Amy Briel
Democratic • House
Graciela Guzmán
Democratic • Senate
Karina Villa
Democratic • Senate
Kelly M. Cassidy
Democratic • House
Mark L. Walker
Democratic • Senate
Mary Beth Canty
Democratic • House
Michael Crawford
Democratic • House
Mike Simmons
Democratic • Senate
Rick Ryan
Democratic • House
Roll Call Votes
House vote • 5/20/2025
Third Reading - Short Debate - Passed
Yes: 70 • No: 40
House vote • 4/29/2025
Do Pass / Short Debate Judiciary - Criminal Committee;
Yes: 10 • No: 5
Senate vote • 4/10/2025
Third Reading - Passed;
Yes: 35 • No: 19
Senate vote • 3/19/2025
Senate Floor Amendment No. 1 Recommend Do Adopt Criminal Law;
Yes: 6 • No: 2
Senate vote • 2/19/2025
Do Pass Criminal Law;
Yes: 7 • No: 3
Actions Timeline
Public Act . . . . . . . . . 104-0021
6/30/2025SenateEffective Date June 30, 2025
6/30/2025SenateGovernor Approved
6/30/2025SenateSent to the Governor
6/18/2025SenatePassed Both Houses
5/20/2025SenateThird Reading - Short Debate - Passed 070-040-000
5/20/2025HouseAdded Alternate Co-Sponsor Rep. Mary Beth Canty
5/16/2025HouseAdded Alternate Co-Sponsor Rep. Amy Briel
5/16/2025HouseAdded Alternate Co-Sponsor Rep. Michael Crawford
5/16/2025HouseAdded Alternate Co-Sponsor Rep. Rick Ryan
5/16/2025HousePlaced on Calendar Order of 3rd Reading - Short Debate
5/13/2025HouseSecond Reading - Short Debate
5/13/2025HousePlaced on Calendar 2nd Reading - Short Debate
4/30/2025HouseDo Pass / Short Debate Judiciary - Criminal Committee; 010-005-000
4/29/2025HouseAssigned to Judiciary - Criminal Committee
4/17/2025HouseReferred to Rules Committee
4/11/2025HouseFirst Reading
4/11/2025HouseChief House Sponsor Rep. Kelly M. Cassidy
4/10/2025HouseArrived in House
4/10/2025HouseThird Reading - Passed; 035-019-000
4/10/2025SenateAdded as Chief Co-Sponsor Sen. Mike Simmons
4/9/2025SenatePlaced on Calendar Order of 3rd Reading
4/3/2025SenateSenate Floor Amendment No. 1 Adopted; Cervantes
4/3/2025SenateRecalled to Second Reading
4/3/2025SenateAdded as Co-Sponsor Sen. Karina Villa
4/3/2025Senate
Bill Text
Engrossed
Enrolled
Introduced
Senate Amendment 1