holding that the $5 drug court assessment was a fine subject to offset with presentence incarceration credit
How later courts described this case
- holding that the $5 drug court assessment was a fine subject to offset with presentence incarceration credit
- DNA analysis fee vacated where trial court ordered defendant to submit a DNA sample and pay the fee only if he 1 Initially, defendant presented this argument without documentation. Upon submitting his reply brief, however, he also submitted a motion to supplement the record, which included the sentencing order from a prior conviction. We granted the motion. That sentencing order reflects that defendant was required to submit his DNA and was assessed a fee for doing so. 21 No. 1-08-2609 had not already done so, and the record showed he had previously done so
- “the amendment makes clear the legislature’s intention that the fee be collected regardless of whether a defendant incurs any injury”
- vacated fee where court ordered defendant to submit a sample and pay the fee only if he “ ‘had not already done so’ ” and the record showed he had previously done so
Written by the judges who cited it.
The opinion
PRESIDING JUSTICE MYERSCOUGH, specially concurring in part and dissenting in part:
I respectfully specially concur in part and dissent in part. The $200 DNA-analysis fee is mandatory and should not have been made conditional by the trial court. I concur in the rest of the disposition but would, in keeping with Grayer, 403 Ill. App. 3d at 801-02 assess the $200 DNA-analysis fee and require the additional testing.