assessment analysis (Illinois) · Go Syfert
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assessment analysis in Illinois

33 Illinois opinions name it 2 courts 1869–2025 10 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
People v. Steidlgreen
· 1997 · cited in 3 Illinois opinions naming this issue, 2022–2025
2 sentences

2025People v. Steidl, 177 Ill. 2d 239, 257 (1997). ¶ 35 Section 124A-20(b)(1) of the Code of Criminal Procedure of 1963 provides that if a defendant applying for an assessment waiver is found to be indigent, the court must exempt the defendant from payment of any assessments by granting the waiver in full. 725 ILCS 5/124A- 20(b)(1) (West 2020).

2025A person is considered indigent under the statute if, in relevant part: “(2) His or her available personal income is 200% or less of the current poverty level, unless the applicant’s assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are of a nature and value that the court determines that the applicant is able to pay the assessments.” Id. § 124A-20(a)(2). ¶ 36 Here, defendant met the criteria to qualify for an assessment waiver as the court deemed that he was indigent when it granted his motion to appoint a DNA expert at the county’s expense based on h

33
People v. Evangelistagreen
illappct · 2009 · cited in 3 Illinois opinions naming this issue, 2010–2010
2 sentences

2010Defendant's reliance on Evangelista, 393 Ill.App.3d at 399 , 332 Ill.Dec. 356 , 912 N.E.2d 1242 , to support his appeal is misplaced, because the Evangelista court vacated the analysis fee based merely upon the parties' agreement that the taking of a DNA sample and assessment of the analysis fee in an earlier case barred a new assessment of the analysis fee.

2010Defendant's reliance on Evangelista, 393 Ill.App.3d at 399 , 332 Ill.Dec. 356 , 912 N.E.2d 1242 , to support his appeal is misplaced, because the Evangelista court vacated the analysis fee based merely upon the parties' agreement that the taking of a DNA sample and assessment of the analysis fee in an earlier case barred a new assessment of the analysis fee.

23
People v. Herrongreen
ill · 2005 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017Thus, in the wake of Castleberry and given the “narrow and limited” scope of plain error review (People v. Herron, 215 Ill. 2d 167, 177 (2005)), it is questionable whether appellate courts may or should address contentions of error regarding fines and fees that were never raised in the trial court. ¶ 10 We must consider whether we have jurisdiction to consider the merits of Griffin’s contentions regarding his fines and fees.

2017Thus, in the wake of Castleberry and given the "narrow and limited" scope of plain error review (People v. Herron, 215 Ill. 2d 167, 177 (2005)), it is questionable whether appellate courts may or should address contentions of error regarding fines and fees that were never raised in the trial court. ¶ 10 We must consider whether we have jurisdiction to consider the merits of Griffin’s contentions regarding his fines and fees.

22
People v. Marshallgreen
illappct · 2010 · cited in 3 Illinois opinions naming this issue, 2010–2011
2 sentences

2010In Marshall, 402 Ill.App.3d at 1083 , 342 Ill.Dec. 88 , 931 N.E.2d 1271 , Grayer, 403 Ill.App.3d at 800-01 , 343 Ill.Dec. 510 , 935 N.E.2d 518 , Hubbard, 404 Ill.App.3d at 102-03 , 343 Ill.Dec. 679 , 935 N.E.2d 687 , and Bomar, 405 Ill.App.3d at ___ , 344 Ill.Dec. 832 , 937 N.E.2d 1173 , this court noted that although the statute does not expressly require a fee for every felony conviction, it does not limit the taking of DNA samples or the assessment of the analysis fee to a single instance.

2010In Marshall, 402 Ill.App.3d at 1083 , 342 Ill.Dec. 88 , 931 N.E.2d 1271 , Grayer, 403 Ill.App.3d at 800-01 , 343 Ill.Dec. 510 , 935 N.E.2d 518 , Hubbard, 404 Ill.App.3d at 102-03 , 343 Ill.Dec. 679 , 935 N.E.2d 687 , and Bomar, 405 Ill.App.3d at ___ , 344 Ill.Dec. 832 , 937 N.E.2d 1173 , this court noted that although the statute does not expressly require a fee for every felony conviction, it does not limit the taking of DNA samples or the assessment of the analysis fee to a single instance.

13
People v. Bewgreen
ill · 2008 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023(West 2020)), which would allow the defendant an opportunity to fully develop a record necessary to address her claims of ineffective assistance of counsel (see People v. Bew, 228 Ill. 2d 122, 135 (2008)). ¶ 28 The Illinois Supreme Court has acknowledged the difficulties facing reviewing courts in ruling on claims of ineffective assistance for failure to file a motion to suppress resulting from a record developed for trial rather than for a hearing on a suppression motion.

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023To prevail on an ineffective assistance of counsel claim, counsel’s performance must be analyzed under the two-prong test set forth in Strickland v. Washington, 466 U.S. 668, 687 (1984).

11
People v. McCartergreen
illappct · 2008 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021People v. McCarter, 385 Ill.

11
In Re Marriage of Freemangreen
ill · 1985 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021App. 3d 419, 424 (1992) (citing In re Marriage of Freeman, 106 Ill. 2d 290, 297-98 (1985), and People v. Youngbey, 82 Ill. 2d 556, 563 (1980)).

11
In re Marriage of Hawkinggreen
illappct · 1992 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021July 1, 2019) (“If the court determines that the conditions for a full assessment waiver under 735 ILCS 5/5-105(b)(1) are satisfied, it shall enter an order permitting the applicant to sue or defend without payment of assessments, costs or charges.” (Emphasis added.)) ¶ 15 “It is presumed that every amendment to a statute is made for some purpose, and effect must be given to the amendment in a manner consistent with that purpose.” In re Marriage of Hawking, 240 Ill.

11
Jackson v. Chicago Classic Janitorial & Cleaning Service, Inc.green
illappct · 2005 · cited in 1 Illinois opinions naming this issue, 2018–2018
1 sentence

2018In doing so, courts have concluded that the issue of whether a doctor deviated from the scope of the plaintiff’s consent is one that is generally beyond the ken of the average lay juror because the assessment of such a claim requires specialized knowledge, skill, and 1 Ripes, citing Jackson v. Chicago Classic Janitorial & Cleaning Service, Inc., 355 Ill.

11
People v. Taylorgreen
illappct · 2016 · cited in 1 Illinois opinions naming this issue, 2017–2017
1 sentence

2017S. Ct. R. 615(a) (“Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the trial court.” (Emphasis added.)); see People v. Taylor, 2016 IL App (1st) 141251, ¶ 28 (where defendant challenged the imposition of two $2 fees, court stated that it would be “hard-pressed” to consider the assessment an error affecting substantial rights, “given the insubstantial nature of the fees assessed”).

11
People v. Anthonygreen
illappct · 2011 · cited in 1 Illinois opinions naming this issue, 2011–2011
2 sentences

2011See Anthony, 408 Ill.App.3d 799 , ___ Ill.Dec. ___, ___ N.E.2d ___; Hubbard, 404 Ill.App.3d at 102 , 343 Ill.

2011See Anthony, 408 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (21)

CaseCitedYears
People v. Hubbard green
illappct · 2010
2 sentences

2010In Marshall, 402 Ill.App.3d at 1083 , 342 Ill.Dec. 88 , 931 N.E.2d 1271 , Grayer, 403 Ill.App.3d at 800-01 , 343 Ill.Dec. 510 , 935 N.E.2d 518 , Hubbard, 404 Ill.App.3d at 102-03 , 343 Ill.Dec. 679 , 935 N.E.2d 687 , and Bomar, 405 Ill.App.3d at ___ , 344 Ill.Dec. 832 , 937 N.E.2d 1173 , this court noted that although the statute does not expressly require a fee for every felony conviction, it does not limit the taking of DNA samples or the assessment of the analysis fee to a single instance.

2010In Marshall, 402 Ill.App.3d at 1083 , 342 Ill.Dec. 88 , 931 N.E.2d 1271 , Grayer, 403 Ill.App.3d at 800-01 , 343 Ill.Dec. 510 , 935 N.E.2d 518 , Hubbard, 404 Ill.App.3d at 102-03 , 343 Ill.Dec. 679 , 935 N.E.2d 687 , and Bomar, 405 Ill.App.3d at ___ , 344 Ill.Dec. 832 , 937 N.E.2d 1173 , this court noted that although the statute does not expressly require a fee for every felony conviction, it does not limit the taking of DNA samples or the assessment of the analysis fee to a single instance.

52010–2011
People v. Grayer green
illappct · 2010
2 sentences

2011“Here, defendant is correct that the ‘statute says nothing about requiring a fee each time a defendant is convicted of a felony in this State.’ However, we also agree with the Marshall court that nothing in the statutory language limits the taking of DNA samples or the assessment of the analysis fee to a single instance.” Grayer, 403 Ill.

2011“Here, defendant is correct that the ‘statute says nothing about requiring a fee each time a defendant is convicted of a -6- felony in this State.’ However, we also agree with the Marshall court that nothing in the statutory language limits the taking of DNA samples or the assessment of the analysis fee to a single instance.” Grayer, 403 Ill.

52010–2011
People v. Baker green
illappct · 2022
2 sentences

2025We remanded to give the defendant “an opportunity to file an assessment waiver.” Id. ¶ 29 In People v. Baker, 2022 IL App (4th) 210713, ¶ 81 , the defendant’s attorney failed to file a certification for a fee waiver.

2024In support of this assertion, the State relies on People v. Baker, 2022 IL App (4th) 210713 .

22024–2025
People v. Mallery green
illappct · 2023
2 sentences

2025XV (West 2022))], but does not include violations of the Illinois Vehicle Code assessments.” Id. § 124A-20(a). ¶ 78 Subsection (b) requires the trial court to grant a full assessment waiver if the court finds the defendant is indigent.

2025Id. § 124A-20(b)(1). ¶ 78 For applicants who do not qualify as indigent, the statute requires the court to grant a partial waiver of assessments based upon the applicant’s available income relative to the poverty level.

22025–2025
People v. Willis green
illappct · 2010
2 sentences

2010Also unavailing *117 to defendant's position are Willis, 402 Ill.App.3d 47 , 343 Ill.Dec. 163 , 934 N.E.2d 487 , and People v. Unander, 404 Ill.App.3d 884 , 344 Ill.Dec. 266 , 936 N.E.2d 795 (2010), as modified on denial of rehearing (October 26, 2010).

2010Also unavailing *117 to defendant's position are Willis, 402 Ill.App.3d 47 , 343 Ill.Dec. 163 , 934 N.E.2d 487 , and People v. Unander, 404 Ill.App.3d 884 , 344 Ill.Dec. 266 , 936 N.E.2d 795 (2010), as modified on denial of rehearing (October 26, 2010).

22010–2010
People v. Domagala green
ill · 2013
1 sentence

2023The defendant’s second claim of ineffective assistance is based on trial counsel’s failure to file an assessment waiver for which the defendant seeks remand to do so. ¶ 18 “Every defendant has a constitutional right to the effective assistance of counsel under the sixth amendment to the United States Constitution and the Constitution of Illinois.” People v. Domagala, 2013 IL 113688, ¶ 36 .

12023–2023
People v. Smith green
ill · 2016
1 sentence

2022Id. § 124A- 20(b).

12022–2022
People v. Youngbey green
ill · 1980
1 sentence

2021App. 3d 419, 424 (1992) (citing In re Marriage of Freeman, 106 Ill. 2d 290, 297-98 (1985), and People v. Youngbey, 82 Ill. 2d 556, 563 (1980)).

12021–2021
Holzrichter v. Yorath green
illappct · 2013
2 sentences

2017McDonald , 2014 IL App (2d) 130401 , ¶ 27, 382 Ill.Dec. 766 , 13 N.E.3d 179 ; Holzrichter , 2013 IL App (1st) 110287 , ¶ 96, 369 Ill.Dec. 659 , 987 N.E.2d 1 .

2017McDonald , 2014 IL App (2d) 130401 , ¶ 27, 382 Ill.Dec. 766 , 13 N.E.3d 179 ; Holzrichter , 2013 IL App (1st) 110287 , ¶ 96, 369 Ill.Dec. 659 , 987 N.E.2d 1 .

12017–2017
McDonald v. Lipov green
illappct · 2014
2 sentences

2017McDonald , 2014 IL App (2d) 130401 , ¶ 27, 382 Ill.Dec. 766 , 13 N.E.3d 179 ; Holzrichter , 2013 IL App (1st) 110287 , ¶ 96, 369 Ill.Dec. 659 , 987 N.E.2d 1 .

2017McDonald , 2014 IL App (2d) 130401 , ¶ 27, 382 Ill.Dec. 766 , 13 N.E.3d 179 ; Holzrichter , 2013 IL App (1st) 110287 , ¶ 96, 369 Ill.Dec. 659 , 987 N.E.2d 1 .

12017–2017
People v. Unander green
illappct · 2010
2 sentences

2010Also unavailing *117 to defendant's position are Willis, 402 Ill.App.3d 47 , 343 Ill.Dec. 163 , 934 N.E.2d 487 , and People v. Unander, 404 Ill.App.3d 884 , 344 Ill.Dec. 266 , 936 N.E.2d 795 (2010), as modified on denial of rehearing (October 26, 2010).

2010Also unavailing *117 to defendant's position are Willis, 402 Ill.App.3d 47 , 343 Ill.Dec. 163 , 934 N.E.2d 487 , and People v. Unander, 404 Ill.App.3d 884 , 344 Ill.Dec. 266 , 936 N.E.2d 795 (2010), as modified on denial of rehearing (October 26, 2010).

12010–2010
People v. Unander green
illappct · 2010
1 sentence

2010Also unavailing *117 to defendant's position are Willis, 402 Ill.App.3d 47 , 343 Ill.Dec. 163 , 934 N.E.2d 487 , and People v. Unander, 404 Ill.App.3d 884 , 344 Ill.Dec. 266 , 936 N.E.2d 795 (2010), as modified on denial of rehearing (October 26, 2010).

12010–2010
People v. Bomar green
illappct · 2010
2 sentences

2010In Marshall, 402 Ill.App.3d at 1083 , 342 Ill.Dec. 88 , 931 N.E.2d 1271 , Grayer, 403 Ill.App.3d at 800-01 , 343 Ill.Dec. 510 , 935 N.E.2d 518 , Hubbard, 404 Ill.App.3d at 102-03 , 343 Ill.Dec. 679 , 935 N.E.2d 687 , and Bomar, 405 Ill.App.3d at ___ , 344 Ill.Dec. 832 , 937 N.E.2d 1173 , this court noted that although the statute does not expressly require a fee for every felony conviction, it does not limit the taking of DNA samples or the assessment of the analysis fee to a single instance.

2010In Marshall, 402 Ill.App.3d at 1083 , 342 Ill.Dec. 88 , 931 N.E.2d 1271 , Grayer, 403 Ill.App.3d at 800-01 , 343 Ill.Dec. 510 , 935 N.E.2d 518 , Hubbard, 404 Ill.App.3d at 102-03 , 343 Ill.Dec. 679 , 935 N.E.2d 687 , and Bomar, 405 Ill.App.3d at ___ , 344 Ill.Dec. 832 , 937 N.E.2d 1173 , this court noted that although the statute does not expressly require a fee for every felony conviction, it does not limit the taking of DNA samples or the assessment of the analysis fee to a single instance.

12010–2010
In Re Marriage of Burrows green
illappct · 1984
1 sentence

1985It is obvious to us that it is for this reason that great deference is given to circuit court findings as to the existence of the requisite mental cruelty, as in In re Marriage of Burrows (1984), 126 Ill.

11985–1985
People v. Cozzi green
illappct · 1981
1 sentence

1984(People v. Cozzi (1981), 93 Ill.

11984–1984
Dietman v. Hunter green
ill · 1955
2 sentences

1975In Dietman v. Hunter (1955), 5 Ill.2d 486 , 126 N.E.2d 22 , the court held that one hearing at any stage of tire assessment proceedings meets the constitutional requirements of due process, stating that if the law secured to the defendant a hearing after the assessment was in fact made by the statute, that would be sufficient.

1975In Dietman v. Hunter (1955), 5 Ill.2d 486 , 126 N.E.2d 22 , the court held that one hearing at any stage of tire assessment proceedings meets the constitutional requirements of due process, stating that if the law secured to the defendant a hearing after the assessment was in fact made by the statute, that would be sufficient.

11975–1975
Covenant Mutual Life Ass'n v. Kentner neutral
ill · 1900
1 sentence

1950Life Ass’n v. Kentner, 188 Ill. 431 , where it was held that there being no agreement that Mr. Kentner’s contract might be changed by any future bylaw, a change which attempted to levy an additional assessment was in violation of his rights.

11950–1950
People ex rel. Raymond v. Fuller neutral
ill · 1903
1 sentence

1905In the case of People v. Puller, 204 Ill. 290 , the question presented for decision was whether or not judgment of confirmation of a prior assessment for the same improvement under a previous ordinance could be pleaded in bar on an application for judgment and order of sale under the second ordinance.

11905–1905
Gross v. People ex rel. Raymond neutral
ill · 1901
11903–1903
Scott v. People ex rel. Douglas neutral
· 1892
11895–1895
City of Chicago v. Larned neutral
ill · 1864
11869–1869

Statutes the citing opinions construe

IL § 730 ILCS 125/17 (7) IL § 730 ILCS 5/5-4-3 (7) IL § 725 ILCS 5/124A-20 (6) IL § 55 ILCS 5/5-1101 (5) IL § 720 ILCS 646/60 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 53 (1902–2024) IL 33 (1869–2025) IN 29 (1910–2020) MA 25 (1979–2025) WA 24 (1914–2026) CA 22 (1886–2026) NY 20 (1897–2026) TX 12 (1931–2025) NJ 11 (1952–2026) MN 11 (1901–2016) FL 10 (1939–2012) LA 9 (1976–2016) WI 9 (1960–2018) OR 9 (1928–2025) MD 6 (1986–2019) GA 6 (2010–2024) HI 5 (2007–2025) CO 5 (2001–2026) NM 5 (1930–2015) RI 5 (1996–2011) MO 5 (1918–2012) IA 4 (1912–1995) ME 4 (1998–2010) UT 4 (1911–2025) MI 4 (1958–2017) CT 4 (1989–2024) OH 3 (1996–2025) VA 3 (1999–2018) DE 3 (1990–2025) AZ 3 (1997–2017) NC 3 (2003–2014) AK 2 (2014–2014) ND 2 (1896–1973) NE 2 (1993–2019) KY 2 (1997–2017) AL 2 (1953–1966)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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