Public Act 098-0826
 
SB2783 EnrolledLRB098 19507 HEP 54682 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Circuit Courts Act is amended  by changing 
Section 4.3 as follows:
 



    (705 ILCS 35/4.3)



    Sec. 4.3. Witness fees. 

    (a) Every witness attending in
any county upon trials in 
the
courts, except for actions arising under Article II of the 
Juvenile Court Act of 1987, shall be entitled to receive the 
sum of $20 for each
day's
attendance and $0.20 per mile each 
way for necessary travel.
For
attending in a foreign county, 
each day's travel shall constitute a day
of attendance. Every 
person attending for the purpose of having his
deposition taken 
shall receive the same per diem and mileage as provided
in this 
Section for witnesses in circuit courts. No
allowance
or charge 
shall be made, however, for the attendance of a witness unless

the witness makes an affidavit stating the number
of
days he or 
she
actually attended, and that attendance was at the instance 
of one
or both of the parties or his or her attorney.

    (b) In a criminal case or action arising under Article II 
of the Juvenile Court Act of 1987 in which a
witness is 
required to attend from a foreign county or state,
either 
before the grand jury or at the trial of the cause in the 
court,
the witness shall receive the same per diem and mileage 
as
provided in this Section for
witnesses in circuit courts to 
be paid out of the county treasury of the
county where the 
crime was committed or the case under Article II of the 
Juvenile Court Act of 1987 is filed on the certificate of the 
clerk of
the court where the trial is being had if the witness 
makes an affidavit stating (i) the distance traveled,
(ii) that 
it was the usually traveled and
most direct route, (iii) the 
number of days' actual travel and
attendance,
and (iv) that 
attendance was at the instance of the State's
Attorney or
the 
accused, or his or her attorney or, in the case of an action 
filed under Article II of the Juvenile Court Act of 1987, at 
the instance of the State's Attorney or attorney of any other 
party to the action. To the affidavit shall be
added the 
certificate of
the judge that the amount is reasonable and that 
the witness was a
material
witness in the court or before the 
grand jury.

(Source: P.A. 89-233, eff. 1-1-96.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.