Sen. John J. Cullerton
Filed: 6/1/2007
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1 | AMENDMENT TO HOUSE BILL 830
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2 | AMENDMENT NO. ______. Amend House Bill 830, AS AMENDED, | ||||||
3 | with reference to page and line numbers of Senate Amendment No. | ||||||
4 | 7, on page 1, line 7 by changing "Section 8-2001" to "Sections | ||||||
5 | 8-2001 and 8-2005"; and
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6 | on page 5, by inserting after line 26 the following:
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7 | "(735 ILCS 5/8-2005)
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8 | Sec. 8-2005. Attorney's records. This Section applies only | ||||||
9 | if a client and his or her authorized
attorney have complied | ||||||
10 | with all applicable legal requirements regarding
examination | ||||||
11 | and copying of client files, including but not limited to
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12 | satisfaction of expenses and attorney retaining liens.
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13 | Upon the request of a client, an
attorney shall permit the | ||||||
14 | client's authorized attorney to examine and copy the
records | ||||||
15 | kept by the attorney in connection with the representation of | ||||||
16 | the
client, with the exception of attorney work product. The |
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1 | request for
examination and copying of the records shall be in
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2 | writing and shall be delivered to the attorney. Within a | ||||||
3 | reasonable time after
the attorney receives the written | ||||||
4 | request, the attorney shall comply with the
written request at | ||||||
5 | his or her office or any other place designated by him or
her. | ||||||
6 | At the time of copying, the person requesting the records shall
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7 | reimburse the attorney for all reasonable expenses, including | ||||||
8 | the costs of
independent copy service companies, incurred by | ||||||
9 | the attorney in connection
with the copying not to exceed a
$20 | ||||||
10 | handling charge for processing the request,
and
the actual | ||||||
11 | postage or shipping charges, if any, plus (1) for paper copies | ||||||
12 | 75 cents per page for the first through 25th pages, 50 cents | ||||||
13 | per page for the
26th through 50th pages, and 25 cents per page | ||||||
14 | for all pages in excess of 50
(except that the charge shall not | ||||||
15 | exceed $1.25 per page for any copies
made from microfiche or | ||||||
16 | microfilm; records retrieved from scanning, digital imaging, | ||||||
17 | electronic information or other digital format do not qualify | ||||||
18 | as microfiche or microfilm retrieval for purposes of | ||||||
19 | calculating charges); and (2) for electronic records, | ||||||
20 | retrieved from a scanning, digital imaging, electronic | ||||||
21 | information or other digital format in a electronic document, a | ||||||
22 | charge of 50% of the per page charge for paper copies under | ||||||
23 | subdivision (d)(1). This per page charge includes the cost of
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24 | 75 cents for each CD Rom, DVD, or other storage media. Records | ||||||
25 | already maintained in an electronic or digital format shall be | ||||||
26 | provided in an electronic format when so requested. If the |
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1 | records system does not allow for the creation or transmission | ||||||
2 | of an electronic or digital record, then the attorney shall | ||||||
3 | inform the requester in writing of the reason the records can | ||||||
4 | not be provided electronically. The written explanation may be | ||||||
5 | included with the production of paper copies, if the requester | ||||||
6 | chooses to order paper copies.
These rates shall be | ||||||
7 | automatically
adjusted as set forth in Section 8-2006.
The | ||||||
8 | attorney may, however, charge for the reasonable cost of all | ||||||
9 | duplication of
record material or information that cannot | ||||||
10 | routinely be copied or
duplicated on a standard commercial | ||||||
11 | photocopy machine such as pictures.
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12 | An attorney shall satisfy the requirements of this Section | ||||||
13 | within 60
days after he or she receives a request from a client | ||||||
14 | or his or her authorized
attorney. An attorney who fails to | ||||||
15 | comply with the time limit requirement of
this Section shall be | ||||||
16 | required to pay expenses and reasonable attorney's fees
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17 | incurred in connection with any court-ordered enforcement of | ||||||
18 | the
requirements of this Section.
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19 | (Source: P.A. 92-228, eff. 9-1-01; 09500SB0472ham001.)".
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