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People v. Robinson6/16/2004
457, 472 N.E.2d 417 (1984). However, it is well settled that the scope of cross-examination is largely within the trial court's discretion, and that its rulings will not be overturned unless an abuse of that *633 discretion results in manifest prejudice to the defendant. People v. Hudson, 157 Ill.2d 401, 193 Ill.Dec. 128, 626 N.E.2d 161 (1993).
We do not have a situation where an expert witness was retained by the State or a private citizen was paid to testify against defendant. Obviously, if that were the case, the witness' compensation would be highly probative of his bias and motive to testify falsely. However, Officer Barber is a city employee who was testifying as the State's chief witness in connection with his regular duties as a Chicago police officer. As part of those duties, he is required to testify at trial in connection with any of his DUI arrests which proceed to trial. His overtime compensation is no more relevant or probative of his bias or motive to testify falsely than that of a medical examiner who testifies in a murder case or a forensic chemist who testifies in a drug case, both of whom are State employees who also receive overtime compensation for their appearances in court. For these reasons, we find the trial court did not abuse its discretion in sustaining the State's objection to the cross-examination of Officer Barber's overtime compensation.
Lastly, defendant argues that the trial court erred in imposing a fine of $325 without first determining his ability to pay. The State agrees, however, that this case should be remanded for a hearing to determine defendant's financial resources and the proper amount of a fine, if any, to be imposed. Therefore, we remand this matter for the limited purpose of the trial court's determination of the appropriate amount of a fine, if any, to be assessed against defendant.
Accordingly, the judgment of the circuit court is affirmed. The $325 fine is vacated, and the matter is remanded to the circuit court for a hearing to determine the appropriate amount of a fine.
Affirmed; vacated and remanded with directions.
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