People v. Higgins

Illinois Appellate Court
Criminal Court
Restitution
Citation
Case Number: 
2014 IL App (2d) 120888
Decision Date: 
Thursday, June 19, 2014
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
JORGENSEN
Defendant was convicted, after bench trial, of aggravated reckless driving and aggravated assault. Restitution order must specify that Defendant's bond will be applied to restitution only after it is first applied to satisfy fines and costs assessed. Because DNA analysis fee is a fee, court could impose $250 DNA analysis fee, although statutory fee was $200 at time of offense, without violating prohibition against ex post facto laws. The court, and not the clerk, has authority to impose a "Victim Fund" charge, as it is a fine. (ZENOFF and BIRKETT, concurring.)