Hand-outs from All Agency meeting June 4, 2019
Criminal and Traffic Assessment Act - effective July 1, 2019
The Criminal and Traffic Assessment Act, Public Acts 100-987, 100-994 and 100-1161, goes into effect on July 1, 2019, along with revisions to the Illinois Supreme Court Rules. The implementation of the Criminal and Traffic Assessment Act brings with it a number of changes:
- All agencies will be REQUIRED to use the REVISED Uniform Citation forms, and only the REVISED Uniform Citations for all tickets starting July 1, 2019.
- The cost to pay tickets without a court appearance (pre-pay online, by mail, or at the counter) will be increasing to $164.00 effective July 1, 2019. Any person issued a ticket after July 1st will be assessed under the new "Schedules" created by the Criminal and Traffic Assessment Act and will pay $164.00 under Schedule 12.
- Effective July 1, 2019, there will no longer be separate payment amounts for any minor traffic tickets (i.e. seat belt violations and speeding 21-25 mph over the limit), ALL minor traffic violations pre-paid without a court appearance will cost $164.00 under Schedule 12.
- $50 of the new pre-pay ticket amount (Schedule 12) will be returned to the arresting municipality, $48.00 to the municipality's General Fund and $2.00 to the municipality's E-Citation Fund.
- For a defendant who appears in court on a minor traffic ticket issued after July 1, 2019, the court costs will be $226.00 (Schedule 10), with a new minimum fine amount set in the Act of $25.00, if no other minimum exists based on the offense charged.
- New officer handouts have been printed and will be distributed at our McHenry County Arresting Agency Meeting at the McHenry County Courthouse on Tuesday, June 4, 2019, at 10:00 a.m. in the Sheriff's Large Training Room on the 2nd floor. The new handouts include the new pre-pay amounts for tickets issued July 1st and later. All agencies MUST switch to the new brochures July 1st. Please destroy any older brochures at that time.
- The Criminal and Traffic Assessment Act adds Criminal Waivers as an option for defendants sentenced in court. Criminal Waivers do NOT apply to charges under the Illinois Vehicle Code, so they are NOT applicable to traffic tickets.
Firearms Restraining Orders - effective January 1, 2019
On January 1, 2019, Public Act 100-0697, Firearms Restraining Order Act, became law. The new Act created a Firearms Restraining Order (FRO) that prohibits and enjoins a named person from having in his or her custody or control any firearms, and purchasing, possessing, or receiving additional firearms. The process will be handled similar to an Order of Protection and will be filed in the OP case category. If the Firearms Restraining Order is allowed, a Search Warrant shall be issued. Below are the forms approved by the Conference of Chief Circuit Judges:
The program we use for Electronic Orders of Protection has added the functionality to produce Petitions for Firearms Restraining Orders. This program can be used by the public or law enforcement to request a Petition for Firearms Restraining Orders. Go to www.illinoisprotectionorder.com to get started. Once the information is completed online, come to the Circuit Clerk's 3rd floor office, room 353, to electronically sign the Petition and be sent to see a judge.
Electronic Search Warrants
Contact the State's Attorney's office if your agency would like to begin requesting search warrants electronically, speaking with the judge via video chat, eliminating the need to come to the Courthouse.
Civil Law Violations - effective September 1, 2016
Cannabis charges written under the new state statute as Civil Law Violations are now payable without a court appearance for $120 per violation under new Supreme Court Rule 588 effective September 1, 2016. These tickets will be filed by the Circuit Clerk as CL (Civil Law) cases and should be written for Mondays (1st, 2nd, 3rd or 4th Monday) at 8:30 a.m. in Courtroom 102 where they will be prosecuted by the State's Attorney.
Agencies can elect to write Possession of Cannabis under 10 grams and/or Possession of Drug Paraphernalia, under their local ordinances, and the Circuit Clerk will continue to make those OV (Ordinance Violation) cases. Any cannabis charges written under local ordinances should continue to be assigned to your regular traffic court dates. Either of these two charges issued to juveniles (under 18 years of age), whether written under either state statute (CL case) or local ordinance (OV case), will be impounded per the statute.
Ordinance (OV) violations are not payable without a court appearance. **It is important to note that cannabis charges written under local ordinances do NOT qualify for the automatic expungement provisions in PA-0697, only cannabis charges written as Civil Law Violations will be automatically expunged. Per the statute, the Circuit Clerk will automatically expunge all Civil Law Violations that have a satisfactory final disposition, before January 1 and July 1 of each year. No Ordinance (OV) cases will be automatically expunged.
Arresting Agency Monthly Disposition Reports
If your agency needs login information for the Circuit Clerk Arresting Agency Disposition site, or has any questions, contact Robin at [email protected].
The Circuit Clerk funds annual support for a countywide license for any McHenry County agency to use APS E-Citation software at no cost. This annual support cost is funded by E-Citation Fees. For more information on E-Citations contact David at [email protected].
Criminal Complaint Program
The Circuit Clerk offers a FREE Criminal Complaint program for use by any McHenry County arresting agency. Click here for information to download the Criminal Complaint program. If you have questions, contact David at [email protected].
Criminal Complaint User Manual *revised 10-28-2016
The Circuit Clerk offers FREE access to iJustice, our court case management system, to any McHenry County arresting agency. This access also includes access to OnBase, where court documents can be viewed, and the ability to view/print court calls. If your department would like to request access, or needs a replacement Safeword token for Citrix, contact Kathy at [email protected].
For complete list of Bail amounts see Illinois Supreme Court Rules
Revised Overweight Bond Charts effective 1-1-16
- McHenry County Overweight Bond Chart - Revised 1-1-16
- McHenry County Overweight on Registration Bond Chart
GovPay links to Post Bond
Arresting Agency Forms
- Bail Bond Form [PDF]
- Transmittal From Police Agencies to Circuit Clerk [PDF]
- Criminal Complaint (single count) [PDF]
- Criminal Complaint (multiple counts) [PDF]
- Notice of Arrest Without Warrant [PDF]
- Traffic Ticket Payment Brochure (Officer Handout) [PDF] **Revised 7-1-2019
- Verification [PDF]
- Warrant of Arrest [PDF]
Deputy Circuit Clerk Appointment
Use form for appointment of Sergeants and above as Deputy Circuit Clerks to notarize Criminal Complaints. Return completed form to Circuit Clerk Administration in Room 353.