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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Mental Health and Developmental | ||||||
5 | Disabilities Code is amended by changing Sections 2-102, 2-107, | ||||||
6 | 2-107.1, 2-107.2, 2-107.3, 2-200, and 3-802 as follows:
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7 | (405 ILCS 5/2-102) (from Ch. 91 1/2, par. 2-102)
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8 | Sec. 2-102. (a) A recipient of services shall be provided | ||||||
9 | with adequate
and humane care and services in the least | ||||||
10 | restrictive environment, pursuant
to an individual services | ||||||
11 | plan. The Plan shall be formulated
and periodically
reviewed | ||||||
12 | with the participation of the recipient to the extent feasible
| ||||||
13 | and the recipient's
guardian, the recipient's substitute | ||||||
14 | decision maker, if any, or any other
individual
designated in | ||||||
15 | writing by the recipient. The facility shall advise the
| ||||||
16 | recipient of
his or her right to designate a family member or | ||||||
17 | other individual to
participate in the formulation and review | ||||||
18 | of the treatment plan. In
determining whether care and services | ||||||
19 | are being provided in the least
restrictive environment, the | ||||||
20 | facility shall consider the views of the
recipient, if any, | ||||||
21 | concerning the treatment being provided. The recipient's
| ||||||
22 | preferences regarding emergency interventions under
subsection | ||||||
23 | (d) of Section 2-200 shall be noted in the recipient's |
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| |||||||
1 | treatment
plan.
| ||||||
2 | (a-5) If
the services include the administration of | ||||||
3 | electroconvulsive therapy or psychotropic medication
| ||||||
4 | authorized involuntary treatment ,
the
physician or the | ||||||
5 | physician's designee shall advise the recipient, in
writing, of | ||||||
6 | the side effects,
risks, and benefits of
the treatment, as well | ||||||
7 | as alternatives to the proposed treatment, to the
extent such | ||||||
8 | advice is consistent with the recipient's ability to understand | ||||||
9 | the
information communicated.
The physician shall determine | ||||||
10 | and state in writing whether the
recipient has the capacity to | ||||||
11 | make a reasoned decision about the treatment.
The physician or | ||||||
12 | the physician's designee shall provide to the recipient's
| ||||||
13 | substitute decision maker, if any, the same written information | ||||||
14 | that is
required to be presented to the recipient in writing.
| ||||||
15 | If
the recipient lacks the capacity to make a reasoned decision | ||||||
16 | about the
treatment, the treatment may be administered only (i) | ||||||
17 | pursuant to the
provisions
of Section 2-107 or 2-107.1 or (ii) | ||||||
18 | pursuant to
a power of attorney for health care under the | ||||||
19 | Powers of
Attorney for Health Care Law or a declaration for | ||||||
20 | mental health treatment
under the Mental Health Treatment | ||||||
21 | Preference Declaration
Act.
A surrogate decision maker, other | ||||||
22 | than a court appointed guardian, under the
Health Care | ||||||
23 | Surrogate Act may not consent to the administration of | ||||||
24 | electroconvulsive therapy or psychotropic medication
| ||||||
25 | authorized
involuntary
treatment . A surrogate may, however, | ||||||
26 | petition for administration of such
authorized
involuntary
|
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| |||||||
1 | treatment pursuant to this Act.
If the recipient is under | ||||||
2 | guardianship and the guardian is
authorized
to consent to the | ||||||
3 | administration of electroconvulsive therapy or psychotropic | ||||||
4 | medication
authorized involuntary treatment pursuant
to | ||||||
5 | subsection (c) of Section
2-107.1 of this Code,
the
physician | ||||||
6 | shall advise the guardian in writing of the side effects and | ||||||
7 | risks of
the treatment, alternatives to the proposed treatment, | ||||||
8 | and the risks and
benefits of the treatment. A qualified | ||||||
9 | professional shall be responsible for overseeing
the | ||||||
10 | implementation of such plan. Such care and treatment shall
make | ||||||
11 | reasonable accommodation of any physical disability of the | ||||||
12 | recipient,
including but not limited to
the regular use of sign | ||||||
13 | language for any hearing impaired individual for
whom sign | ||||||
14 | language is a primary mode of communication.
If the recipient | ||||||
15 | is unable to communicate effectively in English, the
facility | ||||||
16 | shall make reasonable efforts to provide services to the
| ||||||
17 | recipient in a language that the recipient understands.
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18 | (b) A recipient of services who is an adherent or a member | ||||||
19 | of any
well-recognized religious denomination, the principles | ||||||
20 | and tenets of which
teach reliance upon services by spiritual | ||||||
21 | means through prayer alone for
healing by a duly accredited | ||||||
22 | practitioner thereof, shall have the right to
choose such | ||||||
23 | services. The parent or guardian of a recipient of services who
| ||||||
24 | is a minor, or a guardian of a recipient of services who is not | ||||||
25 | a minor,
shall have the right to choose services by spiritual | ||||||
26 | means through prayer
for the recipient of services.
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1 | (Source: P.A. 90-538, eff. 12-1-97; 91-726, eff. 6-2-00.)
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2 | (405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107)
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3 | Sec. 2-107. Refusal of services; informing of risks.
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4 | (a) An adult recipient of services or the recipient's | ||||||
5 | guardian,
if the recipient is under guardianship, and the | ||||||
6 | recipient's substitute
decision maker, if any, must be informed | ||||||
7 | of the recipient's right to
refuse medication or | ||||||
8 | electroconvulsive therapy . The recipient and the recipient's | ||||||
9 | guardian or substitute
decision maker shall be given the | ||||||
10 | opportunity to
refuse generally accepted mental health or | ||||||
11 | developmental disability services,
including but not limited | ||||||
12 | to medication or electroconvulsive therapy . If such services | ||||||
13 | are refused, they
shall not be given unless such services are | ||||||
14 | necessary to prevent the recipient
from causing serious and | ||||||
15 | imminent physical harm to the recipient or others and
no less | ||||||
16 | restrictive alternative is available.
The facility director | ||||||
17 | shall inform a recipient, guardian, or
substitute decision | ||||||
18 | maker, if any, who refuses such
services of alternate services | ||||||
19 | available and the risks of such alternate
services, as well as | ||||||
20 | the possible consequences to the recipient of refusal of
such | ||||||
21 | services.
| ||||||
22 | (b) Psychotropic medication or electroconvulsive therapy
| ||||||
23 | Authorized involuntary treatment may be administered
given
| ||||||
24 | under this Section for
up to 24 hours only if the circumstances | ||||||
25 | leading up to the need for emergency
treatment are set forth in |
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1 | writing in the recipient's record.
| ||||||
2 | (c) Administration of medication or electroconvulsive | ||||||
3 | therapy
Authorized involuntary treatment may not be continued | ||||||
4 | unless the need
for such treatment is redetermined at least | ||||||
5 | every 24 hours based upon a
personal examination of the | ||||||
6 | recipient by a physician or a nurse under the
supervision of a | ||||||
7 | physician and the circumstances demonstrating that need are
set | ||||||
8 | forth in writing in the recipient's record.
| ||||||
9 | (d) Neither psychotropic medication nor electroconvulsive | ||||||
10 | therapy
Authorized involuntary treatment may not be | ||||||
11 | administered under this
Section for a period in excess of 72 | ||||||
12 | hours, excluding Saturdays, Sundays, and
holidays, unless a | ||||||
13 | petition is filed under Section 2-107.1 and the treatment
| ||||||
14 | continues to be necessary under subsection (a) of this Section. | ||||||
15 | Once the
petition has been filed, treatment may continue in | ||||||
16 | compliance with subsections
(a), (b), and (c) of this Section | ||||||
17 | until the final outcome of the hearing on the
petition.
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18 | (e) The Department shall issue rules designed to insure | ||||||
19 | that in
State-operated mental health facilities psychotropic | ||||||
20 | medication and electroconvulsive therapy are
authorized | ||||||
21 | involuntary treatment is
administered in accordance with this | ||||||
22 | Section and only when appropriately
authorized and monitored by | ||||||
23 | a physician or a nurse under the supervision
of a physician
in | ||||||
24 | accordance with accepted medical practice. The facility | ||||||
25 | director of each
mental health facility not operated by the | ||||||
26 | State shall issue rules designed to
insure that in that |
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| |||||||
1 | facility psychotropic medication and electroconvulsive therapy | ||||||
2 | are
authorized involuntary treatment is administered
in
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3 | accordance with this Section and only when appropriately | ||||||
4 | authorized and
monitored by a physician or a nurse under the | ||||||
5 | supervision of a
physician in accordance with accepted medical | ||||||
6 | practice. Such rules shall be
available for public inspection | ||||||
7 | and copying during normal business hours.
| ||||||
8 | (f) The provisions of this Section with respect to the | ||||||
9 | emergency
administration of psychotropic medication and | ||||||
10 | electroconvulsive therapy
authorized involuntary treatment do | ||||||
11 | not apply to facilities
licensed under the Nursing Home Care | ||||||
12 | Act.
| ||||||
13 | (g) Under no circumstances may long-acting psychotropic | ||||||
14 | medications be
administered under this Section.
| ||||||
15 | (h) Whenever psychotropic medication or electroconvulsive | ||||||
16 | therapy is refused pursuant to subsection (a) of this Section | ||||||
17 | at least once that day, the physician shall determine and state | ||||||
18 | in writing the reasons why the recipient did not meet the | ||||||
19 | criteria for administration of medication or electroconvulsive | ||||||
20 | therapy
involuntary treatment under subsection (a) and whether | ||||||
21 | the recipient meets the standard for administration of | ||||||
22 | psychotropic medication or electroconvulsive therapy
| ||||||
23 | authorized involuntary treatment under Section 2-107.1 of this | ||||||
24 | Code. If the physician determines that the recipient meets the | ||||||
25 | standard for administration of psychotropic medication or | ||||||
26 | electroconvulsive therapy
authorized involuntary treatment
|
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| |||||||
1 | under Section 2-107.1, the facility director or his or her | ||||||
2 | designee shall petition the court for administration of | ||||||
3 | psychotropic medication or electroconvulsive therapy
| ||||||
4 | authorized involuntary treatment pursuant to that Section | ||||||
5 | unless the facility director or his or her designee states in | ||||||
6 | writing in the recipient's record why the filing of such a | ||||||
7 | petition is not warranted. This subsection (h) applies only to | ||||||
8 | State-operated mental health facilities. | ||||||
9 | (i) The Department shall conduct annual trainings for all | ||||||
10 | physicians and registered nurses working in State-operated | ||||||
11 | mental health facilities on the appropriate use of emergency | ||||||
12 | administration of psychotropic medication and | ||||||
13 | electroconvulsive therapy
authorized involuntary treatment , | ||||||
14 | standards for their
its use, and the methods of authorization | ||||||
15 | under this Section.
| ||||||
16 | (Source: P.A. 94-1066, eff. 8-1-06.)
| ||||||
17 | (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
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18 | Sec. 2-107.1. Administration of psychotropic medication | ||||||
19 | and electroconvulsive therapy
authorized involuntary treatment
| ||||||
20 | upon
application to a court.
| ||||||
21 | (a) (Blank).
An adult recipient of services and the | ||||||
22 | recipient's guardian, if the
recipient is under guardianship, | ||||||
23 | and the substitute decision
maker, if any, shall be informed of | ||||||
24 | the recipient's right to refuse medication.
The recipient and | ||||||
25 | the recipient's guardian or substitute
decision maker shall be |
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1 | given the opportunity to refuse generally accepted
mental | ||||||
2 | health or developmental disability services, including
but not | ||||||
3 | limited to medication.
| ||||||
4 | (a-5) Notwithstanding the provisions of Section 2-107 of | ||||||
5 | this
Code, psychotropic medication and electroconvulsive | ||||||
6 | therapy
authorized
involuntary treatment may be administered | ||||||
7 | to an adult recipient of
services without the informed consent | ||||||
8 | of the recipient under the following
standards:
| ||||||
9 | (1) Any person 18 years of age or older, including any | ||||||
10 | guardian, may
petition the circuit court for an order | ||||||
11 | authorizing the administration of psychotropic medication | ||||||
12 | and electroconvulsive therapy
authorized involuntary | ||||||
13 | treatment to a recipient
of services.
The petition shall | ||||||
14 | state that the petitioner has made a good faith attempt to
| ||||||
15 | determine whether the recipient has executed a power of | ||||||
16 | attorney for health
care under the Powers of Attorney for | ||||||
17 | Health Care Law or a declaration for
mental health | ||||||
18 | treatment under the Mental Health Treatment Preference
| ||||||
19 | Declaration Act and to obtain copies of these instruments | ||||||
20 | if they exist. If
either of the above-named instruments is | ||||||
21 | available to the petitioner, the
instrument or a copy of | ||||||
22 | the instrument shall be attached to the petition as
an | ||||||
23 | exhibit.
The petitioner shall deliver a copy of the | ||||||
24 | petition, and notice of the time
and place of the hearing, | ||||||
25 | to the respondent, his or her attorney, any known
agent or
| ||||||
26 | attorney-in-fact, if any, and the
guardian, if any, no |
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1 | later than 3 days prior to the date of the
hearing.
Service | ||||||
2 | of the petition and notice of the time and place of the | ||||||
3 | hearing may
be made by transmitting them via facsimile | ||||||
4 | machine to the
respondent or other party. Upon receipt of | ||||||
5 | the petition and notice, the party
served, or the person | ||||||
6 | delivering the petition and notice to
the party served, | ||||||
7 | shall acknowledge service. If the party sending the | ||||||
8 | petition
and notice does not receive acknowledgement of | ||||||
9 | service
within 24 hours, service must be made by personal | ||||||
10 | service.
| ||||||
11 | The
petition may include a request that the court | ||||||
12 | authorize such testing and
procedures as may be essential | ||||||
13 | for the safe and effective administration of the | ||||||
14 | psychotropic medication or electroconvulsive therapy
| ||||||
15 | authorized involuntary treatment sought to be
| ||||||
16 | administered, but only where the
petition
sets forth the | ||||||
17 | specific testing and procedures sought to be administered.
| ||||||
18 | If a hearing is requested to be held immediately | ||||||
19 | following the hearing on
a petition for
involuntary | ||||||
20 | admission, then the notice requirement shall be the same as | ||||||
21 | that
for the hearing on
the petition for involuntary | ||||||
22 | admission, and the petition filed pursuant to this
Section | ||||||
23 | shall be filed
with the petition for involuntary admission.
| ||||||
24 | (2) The court shall hold a hearing within 7 days of the | ||||||
25 | filing
of the petition. The People, the petitioner, or the | ||||||
26 | respondent shall be
entitled
to a continuance of up to 7 |
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1 | days as of right. An additional
continuance of not more | ||||||
2 | than 7 days may be granted to
any party (i)
upon a showing | ||||||
3 | that the continuance is needed in order
to adequately
| ||||||
4 | prepare for or present evidence in a hearing under this | ||||||
5 | Section or
(ii) under exceptional circumstances. The court | ||||||
6 | may
grant an additional continuance
not to exceed 21 days | ||||||
7 | when, in its discretion, the court determines that such a
| ||||||
8 | continuance is necessary in order to provide the recipient | ||||||
9 | with an examination
pursuant to Section 3-803 or 3-804 of | ||||||
10 | this Act, to provide the recipient with a
trial by jury as | ||||||
11 | provided in Section 3-802 of this Act, or to arrange for | ||||||
12 | the
substitution of counsel as provided for by the Illinois | ||||||
13 | Supreme Court Rules.
The hearing shall be
separate from a | ||||||
14 | judicial proceeding held to determine whether a person is
| ||||||
15 | subject to involuntary admission but may be heard | ||||||
16 | immediately preceding or
following such a judicial | ||||||
17 | proceeding and may be heard by the same trier of fact
or | ||||||
18 | law as in that judicial proceeding.
| ||||||
19 | (3) Unless otherwise provided herein, the procedures | ||||||
20 | set forth in
Article VIII of Chapter 3 of this Act, | ||||||
21 | including the provisions regarding
appointment of counsel, | ||||||
22 | shall govern hearings held under this subsection
(a-5).
| ||||||
23 | (4) Psychotropic medication and electroconvulsive | ||||||
24 | therapy may
Authorized involuntary treatment shall
not be | ||||||
25 | administered to the recipient if and only if
unless
it has | ||||||
26 | been determined by clear and convincing evidence that all |
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| |||||||
1 | of
the following factors are present. In determining | ||||||
2 | whether a person meets the criteria specified in the | ||||||
3 | following
paragraphs (A) through (G), the court may | ||||||
4 | consider evidence of the person's history of
serious | ||||||
5 | violence, repeated past pattern of specific behavior, | ||||||
6 | actions related to the person's
illness, or past outcomes | ||||||
7 | of various treatment options.
| ||||||
8 | (A) That the recipient has a serious mental illness | ||||||
9 | or
developmental disability.
| ||||||
10 | (B) That because of said mental illness or | ||||||
11 | developmental disability,
the recipient currently | ||||||
12 | exhibits any one of the following: (i)
deterioration of | ||||||
13 | his
or her ability to function, as compared to the | ||||||
14 | recipient's ability to
function prior to the current | ||||||
15 | onset of symptoms of the mental illness or
disability | ||||||
16 | for which treatment is presently sought, (ii) | ||||||
17 | suffering, or (iii)
threatening
behavior.
| ||||||
18 | (C) That the illness or disability has existed for | ||||||
19 | a period marked by
the continuing presence of the | ||||||
20 | symptoms set forth in item (B) of this
subdivision (4) | ||||||
21 | or the repeated episodic occurrence of these symptoms.
| ||||||
22 | (D) That the benefits of the treatment
outweigh the | ||||||
23 | harm.
| ||||||
24 | (E) That the recipient lacks the capacity to make a
| ||||||
25 | reasoned
decision about the treatment.
| ||||||
26 | (F) That other less restrictive services have been |
| |||||||
| |||||||
1 | explored
and found inappropriate.
| ||||||
2 | (G) If the petition seeks authorization for | ||||||
3 | testing and other
procedures,
that such testing and | ||||||
4 | procedures are essential for the safe and effective
| ||||||
5 | administration of the treatment.
| ||||||
6 | (5) In no event shall an order issued under this | ||||||
7 | Section be effective
for more than 90 days.
A second 90-day | ||||||
8 | period of involuntary treatment may be authorized pursuant | ||||||
9 | to
a hearing that
complies
with the standards and | ||||||
10 | procedures of this subsection (a-5).
Thereafter, | ||||||
11 | additional 180-day periods of involuntary treatment may be
| ||||||
12 | authorized pursuant to
the standards and procedures of this | ||||||
13 | Section without limit.
If a new petition to authorize the | ||||||
14 | administration of psychotropic medication or | ||||||
15 | electroconvulsive therapy
authorized involuntary
treatment
| ||||||
16 | is filed at least 15 days prior to the
expiration of the | ||||||
17 | prior order, and if
any continuance of the hearing is | ||||||
18 | agreed to by the recipient, the
administration of the | ||||||
19 | treatment may continue in accordance
with
the prior order
| ||||||
20 | pending the completion of a hearing under this Section.
| ||||||
21 | (6) An order issued under this subsection (a-5) shall
| ||||||
22 | designate the persons
authorized to administer the | ||||||
23 | authorized involuntary treatment under the
standards
and | ||||||
24 | procedures of this subsection (a-5).
Those persons shall | ||||||
25 | have complete discretion not to administer any
treatment | ||||||
26 | authorized under this Section.
The order shall also specify |
| |||||||
| |||||||
1 | the medications and the anticipated range of
dosages that | ||||||
2 | have been authorized and may include a list of any | ||||||
3 | alternative
medications and range of dosages deemed | ||||||
4 | necessary.
| ||||||
5 | (a-10) The court may, in its discretion, appoint a guardian | ||||||
6 | ad litem for a recipient before the court or authorize an | ||||||
7 | existing guardian of the person to monitor treatment and | ||||||
8 | compliance with court orders under this Section.
| ||||||
9 | (b) A guardian may be authorized to consent to the | ||||||
10 | administration
of psychotropic medication or electroconvulsive | ||||||
11 | therapy
authorized involuntary treatment to an
objecting | ||||||
12 | recipient only under the
standards and procedures of subsection | ||||||
13 | (a-5).
| ||||||
14 | (c) Notwithstanding any other provision of this Section, a | ||||||
15 | guardian may
consent to the administration of psychotropic | ||||||
16 | medication or electroconvulsive therapy
authorized involuntary | ||||||
17 | treatment to a
non-objecting
recipient under Article XIa of the | ||||||
18 | Probate Act of 1975.
| ||||||
19 | (d) Nothing in this Section shall prevent the | ||||||
20 | administration of psychotropic medication or electroconvulsive | ||||||
21 | therapy
authorized involuntary treatment to recipients
in an | ||||||
22 | emergency under Section 2-107 of
this Act.
| ||||||
23 | (e) Notwithstanding any of the provisions of this Section, | ||||||
24 | psychotropic medication or electroconvulsive therapy
| ||||||
25 | authorized
involuntary treatment may be administered pursuant | ||||||
26 | to a power of attorney for
health care under the Powers of |
| |||||||
| |||||||
1 | Attorney for Health Care Law or a declaration
for mental health | ||||||
2 | treatment under the Mental Health Treatment Preference
| ||||||
3 | Declaration Act.
| ||||||
4 | (f) The Department shall conduct annual trainings for | ||||||
5 | physicians and registered nurses working in State-operated | ||||||
6 | mental health facilities on the appropriate use of psychotropic | ||||||
7 | medication and electroconvulsive therapy
authorized | ||||||
8 | involuntary treatment , standards for their
its use, and the | ||||||
9 | preparation of court petitions under this Section.
| ||||||
10 | (Source: P.A. 93-573, eff. 8-21-03; 94-1066, eff. 8-1-06.)
| ||||||
11 | (405 ILCS 5/2-107.2) (from Ch. 91 1/2, par. 2-107.2)
| ||||||
12 | Sec. 2-107.2. Review; notice.
| ||||||
13 | (a) Whenever any recipient, who is receiving treatment in a
| ||||||
14 | residential mental health facility, has been receiving | ||||||
15 | psychotropic medication or electroconvulsive therapy
| ||||||
16 | authorized involuntary
treatment in that facility continuously | ||||||
17 | or on a regular basis for a
period of 3 months, and, if the | ||||||
18 | treatment is continued while
the recipient
is a resident in | ||||||
19 | that facility, every 6 months
thereafter, for so long as the | ||||||
20 | treatment shall continue, the
facility
director shall convene a | ||||||
21 | treatment review panel to review the treatment.
| ||||||
22 | (b) At least 7 days prior to the date of the meeting, the | ||||||
23 | recipient, his
or her guardian, if any, and the person | ||||||
24 | designated under subsection (b) of
Section 2-200 shall be given | ||||||
25 | written notification of the time and place of the
treatment |
| |||||||
| |||||||
1 | review meeting. The notice shall also advise the recipient of | ||||||
2 | his or
her right to designate some person to attend the meeting | ||||||
3 | and assist the
recipient.
| ||||||
4 | (c) If, during the course of the review, the recipient or | ||||||
5 | guardian, if
any, advises the committee that
he no longer | ||||||
6 | agrees to continue receiving the treatment,
the treatment must | ||||||
7 | be
discontinued except that the treatment may be administered
| ||||||
8 | under either
Section 2-107 or 2-107.1. If the recipient and | ||||||
9 | guardian, if any, continues
to agree to the treatment, the | ||||||
10 | treatment
shall be continued if the
committee determines that | ||||||
11 | the recipient is receiving appropriate treatment and that the | ||||||
12 | benefit to the recipient outweighs any risk of harm
to the
| ||||||
13 | recipient.
| ||||||
14 | (d) The Department shall issue rules to implement the | ||||||
15 | requirements of this
Section.
| ||||||
16 | (Source: P.A. 89-439, eff. 6-1-96; 90-538, eff. 12-1-97.)
| ||||||
17 | (405 ILCS 5/2-107.3) | ||||||
18 | Sec. 2-107.3. Reports. Each facility director of a | ||||||
19 | State-operated mental health facility shall prepare a | ||||||
20 | quarterly report stating the number of persons who were | ||||||
21 | determined to meet the
standard for administration of | ||||||
22 | psychotropic medication or electroconvulsive therapy
| ||||||
23 | authorized involuntary treatment but for whom it was determined | ||||||
24 | that the filing of such a petition was not warranted as | ||||||
25 | provided for in subsection (h) of Section 2-107 of this Code |
| |||||||
| |||||||
1 | and the reasons for each such determination. The Department | ||||||
2 | shall prepare and publish an annual report summarizing the | ||||||
3 | information received under this Section. The Department's | ||||||
4 | report shall include the data from each facility filing such a | ||||||
5 | report and shall separately report the data from each such | ||||||
6 | facility, identified by facility.
| ||||||
7 | (Source: P.A. 94-1066, eff. 8-1-06.)
| ||||||
8 | (405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
| ||||||
9 | Sec. 2-200. (a) Upon commencement of services, or as soon | ||||||
10 | thereafter as
the condition of the recipient permits, every | ||||||
11 | adult recipient, as well as the
recipient's guardian or | ||||||
12 | substitute decision maker, and every recipient who is
12
years | ||||||
13 | of age or older and the parent or guardian of a minor or person
| ||||||
14 | under guardianship shall be informed orally and in writing of | ||||||
15 | the rights
guaranteed by this Chapter which are relevant to the | ||||||
16 | nature of the
recipient's services
program. Every facility | ||||||
17 | shall also post conspicuously in public areas
a summary of the | ||||||
18 | rights which are relevant to the services delivered by
that | ||||||
19 | facility.
| ||||||
20 | (b) A recipient who is 12 years of age or older and the | ||||||
21 | parent or guardian
of a minor or person under guardianship at | ||||||
22 | any time may designate, and upon
commencement of services shall | ||||||
23 | be informed of the right to designate, a
person or agency to | ||||||
24 | receive notice under Section 2-201 or to direct that
no | ||||||
25 | information about the recipient be disclosed to any person or |
| |||||||
| |||||||
1 | agency.
| ||||||
2 | (c) Upon commencement of services, or as soon thereafter as | ||||||
3 | the
condition of the recipient permits, the facility shall ask | ||||||
4 | the adult
recipient or minor recipient admitted pursuant to | ||||||
5 | Section 3-502 whether the
recipient wants the facility to | ||||||
6 | contact the recipient's spouse, parents,
guardian, close | ||||||
7 | relatives, friends, attorney, advocate from the
Guardianship | ||||||
8 | and Advocacy Commission or the agency designated by the
| ||||||
9 | Governor under Section 1 of "An Act in relation to the | ||||||
10 | protection and
advocacy of the rights of persons with | ||||||
11 | developmental disabilities, and
amending Acts therein named", | ||||||
12 | approved September 20, 1985, or others and
inform them of the | ||||||
13 | recipient's presence at the facility. The facility
shall by | ||||||
14 | phone or by mail contact at least two of those people | ||||||
15 | designated
by the recipient and shall inform them of the | ||||||
16 | recipient's location. If the
recipient so requests, the | ||||||
17 | facility shall also inform them of how to
contact the | ||||||
18 | recipient.
| ||||||
19 | (d) Upon commencement of services, or as soon thereafter as | ||||||
20 | the condition
of the recipient permits, the facility shall | ||||||
21 | advise the recipient as to the
circumstances under which the | ||||||
22 | law permits the use of emergency forced
medication or | ||||||
23 | electroconvulsive therapy under subsection (a) of Section | ||||||
24 | 2-107, restraint under Section
2-108, or seclusion under | ||||||
25 | Section 2-109. At the same time, the facility shall
inquire of | ||||||
26 | the recipient which form of intervention the recipient would |
| |||||||
| |||||||
1 | prefer
if any of these circumstances should arise. The | ||||||
2 | recipient's preference shall
be noted in the recipient's record | ||||||
3 | and communicated by the facility to the
recipient's guardian or | ||||||
4 | substitute decision maker, if any, and any other
individual | ||||||
5 | designated by the recipient. If any such circumstances | ||||||
6 | subsequently
do arise, the facility shall give due | ||||||
7 | consideration to the preferences of the
recipient regarding | ||||||
8 | which form of intervention to use as communicated to the
| ||||||
9 | facility by the recipient or as stated in the recipient's | ||||||
10 | advance directive.
| ||||||
11 | (Source: P.A. 91-726, eff. 6-2-00.)
| ||||||
12 | (405 ILCS 5/3-802) (from Ch. 91 1/2, par. 3-802)
| ||||||
13 | Sec. 3-802. The respondent is entitled to a jury on the | ||||||
14 | question of
whether he is subject to involuntary admission. The | ||||||
15 | jury shall consist
of 6 persons to be chosen in the same manner | ||||||
16 | as are jurors in other civil
proceedings.
A respondent is not | ||||||
17 | entitled to a jury on the question of whether psychotropic | ||||||
18 | medication or electroconvulsive therapy
authorized
involuntary
| ||||||
19 | treatment may be administered under Section 2-107.1.
| ||||||
20 | (Source: P.A. 93-573, eff. 8-21-03.)
| ||||||
21 | (405 ILCS 5/1-121.5 rep.)
| ||||||
22 | Section 10. The Mental Health and Developmental | ||||||
23 | Disabilities Code is amended by repealing Section 1-121.5. |
| |||||||
| |||||||
1 | Section 15. The Clerks of Courts Act is amended by changing | ||||||
2 | Sections 27.1a, 27.2, and 27.2a as follows:
| ||||||
3 | (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
| ||||||
4 | Sec. 27.1a. The fees of the clerks of the circuit court in | ||||||
5 | all
counties having a population of not more than
500,000 | ||||||
6 | inhabitants in the instances described in this Section
shall be | ||||||
7 | as provided in this Section.
In those instances where a minimum | ||||||
8 | and maximum fee is stated, the clerk of
the circuit court must | ||||||
9 | charge the minimum fee listed and may charge up to the
maximum | ||||||
10 | fee if the county board has by resolution increased the fee.
| ||||||
11 | The fees shall be paid in advance and
shall be as follows:
| ||||||
12 | (a) Civil Cases.
| ||||||
13 | The fee for filing a complaint, petition, or other | ||||||
14 | pleading initiating
a civil action, with the following | ||||||
15 | exceptions, shall be a minimum of $40 and
a maximum of | ||||||
16 | $160.
| ||||||
17 | (A) When the amount of money or damages or the | ||||||
18 | value of personal
property claimed does not exceed | ||||||
19 | $250, $10.
| ||||||
20 | (B) When that amount exceeds $250 but does not | ||||||
21 | exceed $500, a minimum
of $10 and a maximum of $20.
| ||||||
22 | (C) When that amount exceeds $500 but does not | ||||||
23 | exceed $2500, a minimum
of $25 and a maximum of $40.
| ||||||
24 | (D) When that amount exceeds $2500 but does not | ||||||
25 | exceed $15,000, a
minimum of $25 and a maximum of $75.
|
| |||||||
| |||||||
1 | (E) For the exercise of eminent domain, a minimum | ||||||
2 | of $45 and
a maximum of $150. For each additional
lot | ||||||
3 | or tract of land or right or interest therein subject | ||||||
4 | to be condemned,
the damages in respect to which shall | ||||||
5 | require separate assessment by a
jury, a minimum of $45 | ||||||
6 | and a maximum of $150.
| ||||||
7 | (a-1) Family.
| ||||||
8 | For filing a petition under the Juvenile Court Act of | ||||||
9 | 1987, $25.
| ||||||
10 | For filing a petition for a marriage license, $10.
| ||||||
11 | For performing a marriage in court, $10.
| ||||||
12 | For filing a petition under the Illinois Parentage Act | ||||||
13 | of 1984, $40.
| ||||||
14 | (b) Forcible Entry and Detainer.
| ||||||
15 | In each forcible entry and detainer case when the | ||||||
16 | plaintiff seeks
possession only or unites with his or her | ||||||
17 | claim for possession of the property
a claim for rent or | ||||||
18 | damages or both in the amount of $15,000 or less, a
minimum | ||||||
19 | of $10 and a maximum of $50.
When the plaintiff unites his | ||||||
20 | or her claim for possession with a claim for
rent or | ||||||
21 | damages or both exceeding $15,000, a minimum of $40 and a | ||||||
22 | maximum of
$160.
| ||||||
23 | (c) Counterclaim or Joining Third Party Defendant.
| ||||||
24 | When any defendant files a counterclaim as part of his | ||||||
25 | or her
answer or otherwise or joins another party as a | ||||||
26 | third party defendant, or
both, the defendant shall pay a |
| |||||||
| |||||||
1 | fee for each counterclaim or third
party action in an | ||||||
2 | amount equal to the fee he or she would have had to pay
had | ||||||
3 | he or she brought a separate action for the relief sought | ||||||
4 | in the
counterclaim or against the third party defendant, | ||||||
5 | less the amount of the
appearance fee, if that has been | ||||||
6 | paid.
| ||||||
7 | (d) Confession of Judgment.
| ||||||
8 | In a confession of judgment when the amount does not | ||||||
9 | exceed $1500, a
minimum of $20 and a maximum of $50.
When | ||||||
10 | the amount exceeds $1500, but does not exceed $15,000, a
| ||||||
11 | minimum of $40 and a maximum of $115. When the
amount | ||||||
12 | exceeds $15,000, a minimum of $40 and a maximum of $200.
| ||||||
13 | (e) Appearance.
| ||||||
14 | The fee for filing an appearance in each civil case | ||||||
15 | shall be a minimum of
$15 and a maximum of $60,
except as | ||||||
16 | follows:
| ||||||
17 | (A) When the plaintiff in a forcible entry and | ||||||
18 | detainer case seeks
possession only, a minimum of $10 | ||||||
19 | and a maximum of $50.
| ||||||
20 | (B) When the amount in the case does not exceed | ||||||
21 | $1500, a minimum of
$10 and a maximum of $30.
| ||||||
22 | (C) When that amount exceeds $1500 but does not | ||||||
23 | exceed $15,000, a
minimum of $15 and a maximum of $60.
| ||||||
24 | (f) Garnishment, Wage Deduction, and Citation.
| ||||||
25 | In garnishment affidavit, wage deduction affidavit, | ||||||
26 | and citation
petition when the amount does not exceed |
| |||||||
| |||||||
1 | $1,000, a minimum of $5 and a
maximum
of $15; when the | ||||||
2 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
3 | of $5 and a maximum of
$30; and when the amount exceeds
| ||||||
4 | $5,000, a minimum of $5 and a maximum of $50.
| ||||||
5 | (g) Petition to Vacate or Modify.
| ||||||
6 | (1) Petition to vacate or modify any final judgment or | ||||||
7 | order of
court, except in forcible entry and detainer cases | ||||||
8 | and small claims cases
or a petition to reopen an estate, | ||||||
9 | to modify, terminate, or enforce a
judgment or order for | ||||||
10 | child or spousal support, or to modify, suspend, or
| ||||||
11 | terminate an order for withholding, if filed before 30 days | ||||||
12 | after the entry
of the judgment or order, a minimum of $20 | ||||||
13 | and a maximum of $50.
| ||||||
14 | (2) Petition to vacate or modify any final judgment or | ||||||
15 | order of court,
except a petition to modify, terminate, or | ||||||
16 | enforce a judgment or order for
child or spousal support or | ||||||
17 | to modify, suspend, or terminate an order for
withholding, | ||||||
18 | if filed later than 30 days after the entry of the judgment | ||||||
19 | or
order, a minimum of $20 and a maximum of $75.
| ||||||
20 | (3) Petition to vacate order of bond forfeiture, a | ||||||
21 | minimum of $10 and a
maximum of $40.
| ||||||
22 | (h) Mailing.
| ||||||
23 | When the clerk is required to mail, the fee will be a | ||||||
24 | minimum of $2 and a
maximum of $10,
plus the cost of | ||||||
25 | postage.
| ||||||
26 | (i) Certified Copies.
|
| |||||||
| |||||||
1 | Each certified copy of a judgment after the first, | ||||||
2 | except in small
claims and forcible entry and detainer | ||||||
3 | cases, a minimum of $2 and a maximum
of $10.
| ||||||
4 | (j) Habeas Corpus.
| ||||||
5 | For filing a petition for relief by habeas corpus, a | ||||||
6 | minimum of $60 and a
maximum of $100.
| ||||||
7 | (k) Certification, Authentication, and Reproduction.
| ||||||
8 | (1) Each certification or authentication for taking | ||||||
9 | the acknowledgment
of a deed or other instrument in writing | ||||||
10 | with the seal of office, a minimum
of $2 and a maximum of | ||||||
11 | $6.
| ||||||
12 | (2) Court appeals when original documents are | ||||||
13 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
14 | minimum of $20 and a maximum of $60.
| ||||||
15 | (3) Court appeals when original documents are | ||||||
16 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
17 | minimum of $50 and a maximum of $150.
| ||||||
18 | (4) Court appeals when original documents are | ||||||
19 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
20 | of 20 cents and a maximum of 25 cents per page.
| ||||||
21 | (5) For reproduction of any document contained in the | ||||||
22 | clerk's files:
| ||||||
23 | (A) First page, a minimum of $1 and a maximum
of | ||||||
24 | $2.
| ||||||
25 | (B) Next 19 pages, 50 cents per page.
| ||||||
26 | (C) All remaining pages, 25 cents per page.
|
| |||||||
| |||||||
1 | (l) Remands.
| ||||||
2 | In any cases remanded to the Circuit Court from the | ||||||
3 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
4 | clerk shall file the remanding
order and reinstate the case | ||||||
5 | with either its original number or a new number.
The Clerk | ||||||
6 | shall not charge any new or additional fee for the | ||||||
7 | reinstatement.
Upon reinstatement the Clerk shall advise | ||||||
8 | the parties of the reinstatement. A
party shall have the | ||||||
9 | same right to a jury trial on remand and reinstatement as
| ||||||
10 | he or she had before the appeal, and no additional or new | ||||||
11 | fee or charge shall
be made for a jury trial after remand.
| ||||||
12 | (m) Record Search.
| ||||||
13 | For each record search, within a division or municipal | ||||||
14 | district, the
clerk shall be entitled to a search fee of a | ||||||
15 | minimum of $4 and a maximum of
$6 for each year searched.
| ||||||
16 | (n) Hard Copy.
| ||||||
17 | For each page of hard copy print output, when case | ||||||
18 | records are
maintained on an automated medium, the clerk | ||||||
19 | shall be entitled to a fee of a
minimum of $4 and a maximum | ||||||
20 | of $6.
| ||||||
21 | (o) Index Inquiry and Other Records.
| ||||||
22 | No fee shall be charged for a single | ||||||
23 | plaintiff/defendant index inquiry
or single case record | ||||||
24 | inquiry when this request is made in person and the
records | ||||||
25 | are maintained in a current automated medium, and when no | ||||||
26 | hard copy
print output is requested. The fees to be charged |
| |||||||
| |||||||
1 | for management records,
multiple case records, and | ||||||
2 | multiple journal records may be specified by the
Chief | ||||||
3 | Judge pursuant to the guidelines for access and | ||||||
4 | dissemination of
information approved by the Supreme | ||||||
5 | Court.
| ||||||
6 | (p) (Blank).
| ||||||
7 | a minimum of $25 and a maximum
of $50
| ||||||
8 | (q) Alias Summons.
| ||||||
9 | For each alias summons or citation issued by the clerk, | ||||||
10 | a minimum of $2
and a maximum of $5.
| ||||||
11 | (r) Other Fees.
| ||||||
12 | Any fees not covered in this Section shall be set by | ||||||
13 | rule or
administrative order of the Circuit Court with the | ||||||
14 | approval of the
Administrative Office of the Illinois | ||||||
15 | Courts.
| ||||||
16 | The clerk of the circuit court may provide additional | ||||||
17 | services for
which there is no fee specified by statute in | ||||||
18 | connection with the operation
of the clerk's office as may | ||||||
19 | be requested by the public and agreed to by
the clerk and | ||||||
20 | approved by the chief judge of the circuit court. Any
| ||||||
21 | charges for additional services shall be as agreed to
| ||||||
22 | between the clerk and the party making the request and | ||||||
23 | approved by the
chief judge of the circuit court. Nothing | ||||||
24 | in this
subsection shall be construed to require any clerk | ||||||
25 | to provide any service
not otherwise required by law.
| ||||||
26 | (s) Jury Services.
|
| |||||||
| |||||||
1 | The clerk shall be entitled to receive, in addition to | ||||||
2 | other fees
allowed by law, the sum of a minimum of $62.50 | ||||||
3 | and a maximum of $212.50, as a fee for the services of a | ||||||
4 | jury in
every civil action not quasi-criminal in its nature | ||||||
5 | and not a proceeding
for the exercise of the right of | ||||||
6 | eminent domain and in every other action
wherein the right | ||||||
7 | of trial by jury is or may be given by law. The jury fee
| ||||||
8 | shall be paid by the party demanding a jury at the time of | ||||||
9 | filing the jury
demand. If the fee is not paid by either | ||||||
10 | party, no jury shall be called in
the action or proceeding, | ||||||
11 | and the same shall be tried by the court without
a jury.
| ||||||
12 | (t) Voluntary Assignment.
| ||||||
13 | For filing each deed of voluntary assignment, a minimum | ||||||
14 | of $10 and a
maximum of $20; for recording
the same, a | ||||||
15 | minimum of 25 cents and a maximum of 50 cents for each
100 | ||||||
16 | words. Exceptions filed to claims presented
to an assignee | ||||||
17 | of a debtor who has made a voluntary assignment for the
| ||||||
18 | benefit of creditors shall be considered and treated, for | ||||||
19 | the purpose of
taxing costs therein, as actions in which | ||||||
20 | the party or parties filing
the exceptions shall be | ||||||
21 | considered as party or parties plaintiff, and
the claimant | ||||||
22 | or claimants as party or parties defendant, and those
| ||||||
23 | parties respectively shall pay to the clerk the same fees
| ||||||
24 | as provided by this Section to be paid in other actions.
| ||||||
25 | (u) Expungement Petition.
| ||||||
26 | The clerk shall be entitled to receive a fee of a |
| |||||||
| |||||||
1 | minimum of $15 and a
maximum of $60 for each
expungement | ||||||
2 | petition filed and an additional fee of a minimum of $2 and | ||||||
3 | a
maximum of $4 for each certified
copy of an order to | ||||||
4 | expunge arrest records.
| ||||||
5 | (v) Probate.
| ||||||
6 | The clerk is entitled to receive the fees
specified in | ||||||
7 | this subsection (v), which shall be paid in advance,
except | ||||||
8 | that, for good cause shown, the court may suspend, reduce, | ||||||
9 | or
release the costs payable under this subsection:
| ||||||
10 | (1) For administration of the estate of a decedent | ||||||
11 | (whether testate
or intestate) or of a missing person, a | ||||||
12 | minimum of $50 and a maximum of
$150, plus the fees | ||||||
13 | specified in
subsection (v)(3), except:
| ||||||
14 | (A) When the value of the real and personal | ||||||
15 | property does not exceed
$15,000, the fee shall be a | ||||||
16 | minimum of $25 and a maximum of $40.
| ||||||
17 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
18 | a domestic or
foreign will is admitted to probate | ||||||
19 | without administration (including
proof of heirship), | ||||||
20 | or (iii) letters of office are issued for a particular
| ||||||
21 | purpose without administration of the estate, the fee | ||||||
22 | shall be a minimum of
$10 and a maximum of $40.
| ||||||
23 | (C) For filing a petition to sell Real Estate, $50.
| ||||||
24 | (2) For administration of the estate of a ward, a | ||||||
25 | minimum of $50 and a
maximum of $75,
plus the fees | ||||||
26 | specified in subsection (v)(3), except:
|
| |||||||
| |||||||
1 | (A) When the value of the real and personal | ||||||
2 | property does not exceed
$15,000, the fee shall be a | ||||||
3 | minimum of $25 and a maximum of $40.
| ||||||
4 | (B) When (i) letters of office are issued to a | ||||||
5 | guardian of the person
or persons,
but not of the | ||||||
6 | estate or (ii) letters of office are issued in the | ||||||
7 | estate of
a ward without administration of the estate, | ||||||
8 | including filing or joining in
the filing of a tax | ||||||
9 | return or releasing a mortgage or consenting to the
| ||||||
10 | marriage of the ward, the fee shall be a minimum of $10 | ||||||
11 | and a maximum of
$20.
| ||||||
12 | (C) For filing a Petition to sell Real Estate, $50.
| ||||||
13 | (3) In addition to the fees payable under subsection | ||||||
14 | (v)(1) or (v)(2)
of this Section, the following fees are | ||||||
15 | payable:
| ||||||
16 | (A) For each account (other than one final account) | ||||||
17 | filed in the
estate of a decedent, or ward, a minimum | ||||||
18 | of $10 and a maximum of $25.
| ||||||
19 | (B) For filing a claim in an estate when the amount | ||||||
20 | claimed is $150
or more but less than $500, a minimum | ||||||
21 | of $10 and a maximum of $25;
when the amount claimed is | ||||||
22 | $500 or more
but less than $10,000, a minimum of $10 | ||||||
23 | and a maximum of $40; when
the amount claimed is | ||||||
24 | $10,000 or more, a minimum of $10 and a maximum of
$60; | ||||||
25 | provided that the court in allowing a claim may add to | ||||||
26 | the
amount
allowed the filing fee paid by the claimant.
|
| |||||||
| |||||||
1 | (C) For filing in an estate a claim, petition, or | ||||||
2 | supplemental
proceeding based upon an action seeking | ||||||
3 | equitable relief including the
construction or contest | ||||||
4 | of a will, enforcement of a contract to make a
will, | ||||||
5 | and proceedings involving testamentary trusts or the | ||||||
6 | appointment of
testamentary trustees, a minimum of $40 | ||||||
7 | and a maximum of $60.
| ||||||
8 | (D) For filing in an estate (i) the appearance of | ||||||
9 | any person for the
purpose of consent or (ii) the | ||||||
10 | appearance of an executor, administrator,
| ||||||
11 | administrator to collect, guardian, guardian ad litem, | ||||||
12 | or special
administrator, no fee.
| ||||||
13 | (E) Except as provided in subsection (v)(3)(D), | ||||||
14 | for filing the
appearance of any person or persons, a | ||||||
15 | minimum of $10 and a maximum of $30.
| ||||||
16 | (F) For each jury demand, a minimum of $62.50 and a | ||||||
17 | maximum of
$137.50.
| ||||||
18 | (G) For disposition of the collection of a judgment | ||||||
19 | or settlement of
an action or claim for wrongful death | ||||||
20 | of a decedent or of any cause of
action of a ward, when | ||||||
21 | there is no other administration of the estate, a
| ||||||
22 | minimum of $30 and a maximum of $50,
less any amount | ||||||
23 | paid under subsection (v)(1)(B) or (v)(2)(B) except | ||||||
24 | that if
the amount involved does not exceed $5,000, the | ||||||
25 | fee, including any amount
paid under subsection | ||||||
26 | (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
|
| |||||||
| |||||||
1 | maximum of $20.
| ||||||
2 | (H) For each certified copy of letters of office, | ||||||
3 | of court order or
other certification, a minimum of $1 | ||||||
4 | and a maximum of $2, plus a
minimum of 50 cents and a | ||||||
5 | maximum of $1 per page in excess of 3 pages
for the
| ||||||
6 | document certified.
| ||||||
7 | (I) For each exemplification, a minimum of $1 and a | ||||||
8 | maximum of $2, plus the fee for certification.
| ||||||
9 | (4) The executor, administrator, guardian, petitioner,
| ||||||
10 | or other interested person or his or her attorney shall pay | ||||||
11 | the cost of
publication by the clerk directly to the | ||||||
12 | newspaper.
| ||||||
13 | (5) The person on whose behalf a charge is incurred for | ||||||
14 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
15 | fee shall pay the same
directly to the person entitled | ||||||
16 | thereto.
| ||||||
17 | (6) The executor, administrator, guardian, petitioner, | ||||||
18 | or other
interested person or his or her attorney shall pay | ||||||
19 | to the clerk all postage
charges incurred by the clerk in | ||||||
20 | mailing petitions, orders, notices, or
other documents | ||||||
21 | pursuant to the provisions of the Probate Act of 1975.
| ||||||
22 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
23 | (1) The clerk shall be entitled to costs in all | ||||||
24 | criminal
and quasi-criminal cases from each person | ||||||
25 | convicted or sentenced to
supervision therein as follows:
| ||||||
26 | (A) Felony complaints, a minimum of $40 and a |
| |||||||
| |||||||
1 | maximum of $100.
| ||||||
2 | (B) Misdemeanor complaints, a minimum of $25 and a | ||||||
3 | maximum of $75.
| ||||||
4 | (C) Business offense complaints, a minimum of $25 | ||||||
5 | and a maximum of
$75.
| ||||||
6 | (D) Petty offense complaints, a minimum of $25 and | ||||||
7 | a maximum of $75.
| ||||||
8 | (E) Minor traffic or ordinance violations, $10.
| ||||||
9 | (F) When court appearance required, $15.
| ||||||
10 | (G) Motions to vacate or amend final orders, a | ||||||
11 | minimum of $20 and a
maximum of $40.
| ||||||
12 | (H) Motions to vacate bond forfeiture orders, a | ||||||
13 | minimum of $20 and
a maximum of $40.
| ||||||
14 | (I) Motions to vacate ex parte judgments, whenever | ||||||
15 | filed, a minimum of
$20 and a maximum of $40.
| ||||||
16 | (J) Motions to vacate judgment on forfeitures, | ||||||
17 | whenever filed, a
minimum of $20 and a maximum of $40.
| ||||||
18 | (K) Motions to vacate "failure to appear" or | ||||||
19 | "failure to comply"
notices sent to the Secretary of | ||||||
20 | State, a minimum of $20 and a maximum of
$40.
| ||||||
21 | (2) In counties having a population of not
more
than | ||||||
22 | 500,000 inhabitants, when the violation complaint is
| ||||||
23 | issued by a
municipal police department, the clerk shall be | ||||||
24 | entitled to costs from each
person convicted therein as | ||||||
25 | follows:
| ||||||
26 | (A) Minor traffic or ordinance violations, $10.
|
| |||||||
| |||||||
1 | (B) When court appearance required, $15.
| ||||||
2 | (3) In ordinance violation cases punishable by fine | ||||||
3 | only, the clerk
of the circuit court shall be entitled to | ||||||
4 | receive, unless the fee is
excused upon a finding by the | ||||||
5 | court that the defendant is indigent, in
addition to other | ||||||
6 | fees or costs allowed or imposed by law, the sum of a
| ||||||
7 | minimum of $62.50 and a maximum of $137.50
as a fee for the | ||||||
8 | services of a jury. The jury fee shall be paid by the
| ||||||
9 | defendant at the time of filing his or her jury demand. If | ||||||
10 | the fee is not
so paid by the defendant, no jury shall be | ||||||
11 | called, and the case shall be
tried by the court without a | ||||||
12 | jury.
| ||||||
13 | (x) Transcripts of Judgment.
| ||||||
14 | For the filing of a transcript of judgment, the clerk | ||||||
15 | shall be entitled
to the same fee as if it were the | ||||||
16 | commencement of a new suit.
| ||||||
17 | (y) Change of Venue.
| ||||||
18 | (1) For the filing of a change of case on a change of | ||||||
19 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
20 | were the commencement of a new suit.
| ||||||
21 | (2) The fee for the preparation and certification of a | ||||||
22 | record on a
change of venue to another jurisdiction, when | ||||||
23 | original documents are
forwarded, a minimum of $10 and a | ||||||
24 | maximum of $40.
| ||||||
25 | (z) Tax objection complaints.
| ||||||
26 | For each tax objection complaint containing one or more |
| |||||||
| |||||||
1 | tax
objections, regardless of the number of parcels | ||||||
2 | involved or the number of
taxpayers joining on the | ||||||
3 | complaint, a minimum of $10 and a maximum of $50.
| ||||||
4 | (aa) Tax Deeds.
| ||||||
5 | (1) Petition for tax deed, if only one parcel is | ||||||
6 | involved, a minimum of
$45 and a maximum of $200.
| ||||||
7 | (2) For each additional parcel, add a fee of a minimum | ||||||
8 | of $10 and a
maximum of $60.
| ||||||
9 | (bb) Collections.
| ||||||
10 | (1) For all collections made of others, except the | ||||||
11 | State and county
and except in maintenance or child support | ||||||
12 | cases, a sum equal to a
minimum of 2% and a maximum of 2.5% | ||||||
13 | of
the amount collected and turned over.
| ||||||
14 | (2) Interest earned on any funds held by the clerk | ||||||
15 | shall be turned
over to the county general fund as an | ||||||
16 | earning of the office.
| ||||||
17 | (3) For any check, draft, or other bank instrument | ||||||
18 | returned to the
clerk for non-sufficient funds, account | ||||||
19 | closed, or
payment stopped, $25.
| ||||||
20 | (4) In child support and maintenance cases, the clerk, | ||||||
21 | if authorized by an
ordinance of the county board, may | ||||||
22 | collect an annual fee of up to $36 from
the person making | ||||||
23 | payment for maintaining child support records and the
| ||||||
24 | processing of support orders to the State of Illinois KIDS | ||||||
25 | system and the
recording of payments issued by the State | ||||||
26 | Disbursement Unit for the official
record of the Court. |
| |||||||
| |||||||
1 | This fee shall be in addition
to and separate from amounts | ||||||
2 | ordered to be paid as maintenance or child
support and | ||||||
3 | shall be deposited into a Separate Maintenance and Child | ||||||
4 | Support
Collection Fund, of which the clerk shall be the | ||||||
5 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
6 | child support orders and record all payments
issued by the | ||||||
7 | State Disbursement Unit for the official record of the | ||||||
8 | Court.
The clerk may recover from the person making the | ||||||
9 | maintenance or child support
payment any additional cost | ||||||
10 | incurred in the collection of this annual
fee.
| ||||||
11 | The clerk shall also be entitled to a fee of $5 for | ||||||
12 | certifications made
to the Secretary of State as provided | ||||||
13 | in Section 7-703 of the Family
Financial Responsibility Law | ||||||
14 | and these fees shall also be deposited into the
Separate | ||||||
15 | Maintenance and Child Support Collection Fund.
| ||||||
16 | (cc) Corrections of Numbers.
| ||||||
17 | For correction of the case number, case
title, or | ||||||
18 | attorney computer identification number, if required by | ||||||
19 | rule of
court, on any document filed in the clerk's office, | ||||||
20 | to be charged against
the party that filed the document, a | ||||||
21 | minimum of $10 and a maximum of $25.
| ||||||
22 | (dd) Exceptions.
| ||||||
23 | (1) The fee requirements of this Section shall not | ||||||
24 | apply to police
departments or other law enforcement | ||||||
25 | agencies. In this Section, "law
enforcement agency" means | ||||||
26 | an agency of the State or a unit of local
government which |
| |||||||
| |||||||
1 | is vested by law or ordinance with the duty to maintain
| ||||||
2 | public order and to enforce criminal laws or ordinances. | ||||||
3 | "Law enforcement
agency" also means the Attorney General or | ||||||
4 | any state's attorney.
| ||||||
5 | (2) No fee provided herein shall be charged to any unit | ||||||
6 | of local
government or school district.
| ||||||
7 | (3) The fee requirements of this Section shall not | ||||||
8 | apply to any action
instituted under subsection (b) of | ||||||
9 | Section 11-31-1 of the Illinois Municipal
Code by a private | ||||||
10 | owner or tenant of real property within 1200 feet of a
| ||||||
11 | dangerous or unsafe building seeking an order compelling | ||||||
12 | the owner or owners of
the building to take any of the | ||||||
13 | actions authorized under that subsection.
| ||||||
14 | (4) The fee requirements of this Section shall not | ||||||
15 | apply to the filing of
any
commitment petition or petition | ||||||
16 | for an order authorizing the administration of | ||||||
17 | psychotropic medication or electroconvulsive therapy
| ||||||
18 | authorized
involuntary treatment in the form of medication
| ||||||
19 | under the Mental Health and
Developmental Disabilities | ||||||
20 | Code.
| ||||||
21 | (ee) Adoptions.
| ||||||
22 | (1) For an adoption ..............................$65
| ||||||
23 | (2) Upon good cause shown, the court may waive the | ||||||
24 | adoption filing fee in
a special needs adoption. The term | ||||||
25 | "special needs adoption" shall have the
meaning ascribed to | ||||||
26 | it by the Illinois Department of Children and Family
|
| |||||||
| |||||||
1 | Services.
| ||||||
2 | (ff) Adoption exemptions.
| ||||||
3 | No fee other than that set forth in subsection (ee) | ||||||
4 | shall be charged to any
person in connection with an | ||||||
5 | adoption proceeding nor may any fee be charged for
| ||||||
6 | proceedings for the appointment of a confidential | ||||||
7 | intermediary under the
Adoption Act.
| ||||||
8 | (Source: P.A. 92-16, eff.
6-28-01; 92-521, eff. 6-1-02; 93-39, | ||||||
9 | eff. 7-1-03; 93-385, eff. 7-25-03; 93-573,
eff. 8-21-03; | ||||||
10 | revised 9-5-03.)
| ||||||
11 | (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
| ||||||
12 | Sec. 27.2. The fees of the clerks of the circuit court in | ||||||
13 | all
counties having a population in excess of 500,000 | ||||||
14 | inhabitants
but less than 3,000,000 inhabitants in the | ||||||
15 | instances described in this Section
shall be as provided in | ||||||
16 | this Section.
In those instances where a minimum and maximum | ||||||
17 | fee is stated, counties with
more than 500,000 inhabitants but | ||||||
18 | less than 3,000,000 inhabitants must charge
the minimum fee | ||||||
19 | listed in this Section and may charge up to the maximum fee if
| ||||||
20 | the county board has by resolution increased the fee.
In | ||||||
21 | addition, the minimum fees authorized in this
Section shall | ||||||
22 | apply to all units of local government and school districts
in | ||||||
23 | counties with more than 3,000,000 inhabitants. The fees shall | ||||||
24 | be paid
in advance and shall be as follows:
| ||||||
25 | (a) Civil Cases.
|
| |||||||
| |||||||
1 | The fee for filing a complaint, petition, or other | ||||||
2 | pleading initiating
a civil action, with the following | ||||||
3 | exceptions, shall be a minimum of $150
and a maximum of | ||||||
4 | $190.
| ||||||
5 | (A) When the amount of money or damages or the | ||||||
6 | value of personal
property claimed does not exceed | ||||||
7 | $250, a minimum of $10 and a maximum of
$15.
| ||||||
8 | (B) When that amount exceeds $250 but does not | ||||||
9 | exceed $1,000, a minimum of $20 and a maximum of $40.
| ||||||
10 | (C) When that amount exceeds $1,000 but does not | ||||||
11 | exceed
$2500, a minimum
of $30 and a maximum of $50.
| ||||||
12 | (D) When that amount exceeds $2500 but does not | ||||||
13 | exceed $5,000, a minimum of $75 and a maximum of $100.
| ||||||
14 | (D-5) When the amount exceeds $5,000 but does not | ||||||
15 | exceed $15,000, a
minimum of $75 and a maximum of $150.
| ||||||
16 | (E) For the exercise of eminent domain, $150. For | ||||||
17 | each
additional lot or tract of land or right or | ||||||
18 | interest therein subject to be
condemned, the damages | ||||||
19 | in respect to which shall require separate
assessment | ||||||
20 | by a jury, $150.
| ||||||
21 | (F) No fees shall be charged by the clerk to a | ||||||
22 | petitioner in any
order of
protection including, but | ||||||
23 | not limited to, filing, modifying, withdrawing,
| ||||||
24 | certifying, or
photocopying petitions for orders of | ||||||
25 | protection, or for issuing alias summons,
or for any
| ||||||
26 | related filing service, certifying, modifying, |
| |||||||
| |||||||
1 | vacating, or
photocopying any
orders of protection.
| ||||||
2 | (b) Forcible Entry and Detainer.
| ||||||
3 | In each forcible entry and detainer case when the | ||||||
4 | plaintiff seeks
possession only or unites with his or her | ||||||
5 | claim for possession of the property
a claim for rent or | ||||||
6 | damages or both in the amount of $15,000 or less, a
minimum | ||||||
7 | of $40 and a maximum of $75.
When the plaintiff unites his | ||||||
8 | or her claim for possession with a claim for
rent or | ||||||
9 | damages or both exceeding $15,000, a minimum of $150 and a
| ||||||
10 | maximum of $225.
| ||||||
11 | (c) Counterclaim or Joining Third Party Defendant.
| ||||||
12 | When any defendant files a counterclaim as part of his | ||||||
13 | or her
answer or otherwise or joins another party as a | ||||||
14 | third party defendant, or
both, the defendant shall pay a | ||||||
15 | fee for each counterclaim or third
party action in an | ||||||
16 | amount equal to the fee he or she would have had to pay
had | ||||||
17 | he or she brought a separate action for the relief sought | ||||||
18 | in the
counterclaim or against the third party defendant, | ||||||
19 | less the amount of the
appearance fee, if that has been | ||||||
20 | paid.
| ||||||
21 | (d) Confession of Judgment.
| ||||||
22 | In a confession of judgment when the amount does not | ||||||
23 | exceed $1500, a
minimum of $50 and a maximum of $60. When | ||||||
24 | the amount exceeds
$1500, but does not exceed $5,000, $75.
| ||||||
25 | When the amount exceeds $5,000, but does not exceed
| ||||||
26 | $15,000, $175.
When the amount exceeds $15,000, a minimum |
| |||||||
| |||||||
1 | of $200 and a maximum of
$250.
| ||||||
2 | (e) Appearance.
| ||||||
3 | The fee for filing an appearance in each civil case | ||||||
4 | shall be a minimum
of $50 and a maximum of $75,
except as | ||||||
5 | follows:
| ||||||
6 | (A) When the plaintiff in a forcible entry and | ||||||
7 | detainer case seeks
possession only, a minimum of $20 | ||||||
8 | and a maximum of $40.
| ||||||
9 | (B) When the amount in the case does not exceed | ||||||
10 | $1500, a minimum of
$20 and a maximum of $40.
| ||||||
11 | (C) When the amount in the case exceeds $1500 but | ||||||
12 | does
not exceed $15,000, a minimum of $40 and a maximum | ||||||
13 | of $60.
| ||||||
14 | (f) Garnishment, Wage Deduction, and Citation.
| ||||||
15 | In garnishment affidavit, wage deduction affidavit, | ||||||
16 | and citation
petition when the amount does not exceed | ||||||
17 | $1,000, a minimum of $10 and a
maximum of $15; when the | ||||||
18 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
19 | of $20 and a maximum
of $30; and when the amount exceeds
| ||||||
20 | $5,000, a minimum of $30 and a maximum of $50.
| ||||||
21 | (g) Petition to Vacate
or Modify.
| ||||||
22 | (1) Petition to vacate
or modify any final judgment or | ||||||
23 | order of court,
except in forcible entry and detainer cases | ||||||
24 | and small claims cases or a
petition to reopen an estate, | ||||||
25 | to modify, terminate, or enforce a
judgment or order for | ||||||
26 | child or spousal support, or to modify, suspend, or
|
| |||||||
| |||||||
1 | terminate an order for withholding, if filed before 30 days | ||||||
2 | after the entry
of the judgment or order, a minimum of $40 | ||||||
3 | and a maximum of $50.
| ||||||
4 | (2) Petition to vacate
or modify any final judgment
or | ||||||
5 | order of court, except a petition to modify, terminate, or | ||||||
6 | enforce a
judgment or order for child or spousal support or | ||||||
7 | to modify, suspend, or
terminate an order for withholding, | ||||||
8 | if filed later than 30 days
after the entry of the judgment | ||||||
9 | or order, a minimum of $60 and a maximum
of $75.
| ||||||
10 | (3) Petition to vacate order of bond forfeiture, a | ||||||
11 | minimum of $20
and a maximum of $40.
| ||||||
12 | (h) Mailing.
| ||||||
13 | When the clerk is required to mail, the fee will be a | ||||||
14 | minimum of $6
and a maximum of $10, plus the cost of | ||||||
15 | postage.
| ||||||
16 | (i) Certified Copies.
| ||||||
17 | Each certified copy of a judgment after the first, | ||||||
18 | except in small
claims and forcible entry and detainer | ||||||
19 | cases, a minimum of $10 and a
maximum of $15.
| ||||||
20 | (j) Habeas Corpus.
| ||||||
21 | For filing a petition for relief by habeas corpus, a | ||||||
22 | minimum of $80
and a maximum of $125.
| ||||||
23 | (k) Certification, Authentication, and Reproduction.
| ||||||
24 | (1) Each certification or authentication for taking | ||||||
25 | the acknowledgment
of a deed or other instrument in writing | ||||||
26 | with the seal of office, a minimum
of $4 and a maximum of |
| |||||||
| |||||||
1 | $6.
| ||||||
2 | (2) Court appeals when original documents are | ||||||
3 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
4 | minimum of $50 and a maximum of $75.
| ||||||
5 | (3) Court appeals when original documents are | ||||||
6 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
7 | minimum of $120 and a maximum of $150.
| ||||||
8 | (4) Court appeals when original documents are | ||||||
9 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
10 | of 20 and a maximum of 25 cents
per page.
| ||||||
11 | (5) For reproduction of any document contained in the | ||||||
12 | clerk's files:
| ||||||
13 | (A) First page, $2.
| ||||||
14 | (B) Next 19 pages, 50 cents per page.
| ||||||
15 | (C) All remaining pages, 25 cents per page.
| ||||||
16 | (l) Remands.
| ||||||
17 | In any cases remanded to the Circuit Court from the | ||||||
18 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
19 | clerk shall file the remanding
order and reinstate the case | ||||||
20 | with either its original number or a new number.
The Clerk | ||||||
21 | shall not
charge any new or additional fee for the | ||||||
22 | reinstatement. Upon reinstatement the
Clerk shall advise | ||||||
23 | the parties of the reinstatement. A party shall have the
| ||||||
24 | same right to a jury trial on remand and reinstatement as | ||||||
25 | he or she had before
the appeal, and no additional or new | ||||||
26 | fee or charge shall be made for a jury
trial after remand.
|
| |||||||
| |||||||
1 | (m) Record Search.
| ||||||
2 | For each record search, within a division or municipal | ||||||
3 | district, the
clerk shall be entitled to a search fee of a | ||||||
4 | minimum of $4 and a maximum
of $6 for each year searched.
| ||||||
5 | (n) Hard Copy.
| ||||||
6 | For each page of hard copy print output, when case | ||||||
7 | records are
maintained on an automated medium, the clerk | ||||||
8 | shall be entitled to a fee of a
minimum of $4 and a maximum | ||||||
9 | of $6.
| ||||||
10 | (o) Index Inquiry and Other Records.
| ||||||
11 | No fee shall be charged for a single | ||||||
12 | plaintiff/defendant index inquiry
or single case record | ||||||
13 | inquiry when this request is made in person and the
records | ||||||
14 | are maintained in a current automated medium, and when no | ||||||
15 | hard copy
print output is requested. The fees to be charged | ||||||
16 | for management records,
multiple case records, and | ||||||
17 | multiple journal records may be specified by the
Chief | ||||||
18 | Judge pursuant to the guidelines for access and | ||||||
19 | dissemination of
information approved by the Supreme | ||||||
20 | Court.
| ||||||
21 | (p) (Blank).
| ||||||
22 | (q) Alias Summons.
| ||||||
23 | For each alias summons or citation issued by the clerk, | ||||||
24 | a minimum of $4
and a maximum of $5.
| ||||||
25 | (r) Other Fees.
| ||||||
26 | Any fees not covered in this Section shall be set by |
| |||||||
| |||||||
1 | rule or
administrative order of the Circuit Court with the | ||||||
2 | approval of the
Administrative Office of the Illinois | ||||||
3 | Courts.
| ||||||
4 | The clerk of the circuit court may provide additional | ||||||
5 | services for
which there is no fee specified by statute in | ||||||
6 | connection with the operation
of the clerk's office as may | ||||||
7 | be requested by the public and agreed to by
the clerk and | ||||||
8 | approved by the chief judge of the circuit court. Any
| ||||||
9 | charges for additional services shall be as agreed to
| ||||||
10 | between the clerk and the party making the request and | ||||||
11 | approved by the
chief judge of the circuit court. Nothing | ||||||
12 | in this
subsection shall be construed to require any clerk | ||||||
13 | to provide any service
not otherwise required by law.
| ||||||
14 | (s) Jury Services.
| ||||||
15 | The clerk shall be entitled to receive, in
addition to | ||||||
16 | other fees allowed by law, the sum of a minimum of $192.50
| ||||||
17 | and a maximum of $212.50, as a fee for the
services of a | ||||||
18 | jury in every civil action not quasi-criminal in its
nature | ||||||
19 | and not a proceeding for the exercise of the right of | ||||||
20 | eminent
domain and in every other action wherein the right | ||||||
21 | of trial by jury
is or may be given by law. The jury fee | ||||||
22 | shall be paid by the party
demanding a jury at the time of | ||||||
23 | filing the jury demand. If the fee is
not paid by either | ||||||
24 | party, no jury shall be called in the action or
proceeding, | ||||||
25 | and the same shall be tried by the court without a jury.
| ||||||
26 | (t) Voluntary Assignment.
|
| |||||||
| |||||||
1 | For filing each deed of voluntary assignment, a minimum | ||||||
2 | of $10 and a
maximum of $20; for recording
the same, a | ||||||
3 | minimum of 25ยข and a maximum of 50ยข for each 100 words.
| ||||||
4 | Exceptions filed to claims presented
to an assignee of a | ||||||
5 | debtor who has made a voluntary assignment for the
benefit | ||||||
6 | of creditors shall be considered and treated, for the | ||||||
7 | purpose of
taxing costs therein, as actions in which the | ||||||
8 | party or parties filing
the exceptions shall be considered | ||||||
9 | as party or parties plaintiff, and
the claimant or | ||||||
10 | claimants as party or parties defendant, and those
parties | ||||||
11 | respectively shall pay to the clerk the same fees
as | ||||||
12 | provided by this Section to be paid in other actions.
| ||||||
13 | (u) Expungement Petition.
| ||||||
14 | The clerk shall be entitled to receive a
fee of a | ||||||
15 | minimum of $30 and a maximum of $60 for each expungement
| ||||||
16 | petition filed and an additional fee of a minimum of $2 and | ||||||
17 | a maximum of
$4 for each certified copy of an order to | ||||||
18 | expunge arrest records.
| ||||||
19 | (v) Probate.
| ||||||
20 | The clerk is entitled to receive the fees specified in | ||||||
21 | this subsection
(v), which shall be paid in advance, except | ||||||
22 | that, for good cause shown, the
court may suspend, reduce, | ||||||
23 | or release the costs payable under this subsection:
| ||||||
24 | (1) For administration of the estate of a decedent | ||||||
25 | (whether testate
or intestate) or of a missing person, a | ||||||
26 | minimum of $100 and a maximum of
$150, plus the fees |
| |||||||
| |||||||
1 | specified in
subsection (v)(3), except:
| ||||||
2 | (A) When the value of the real and personal | ||||||
3 | property does not exceed
$15,000, the fee shall be a | ||||||
4 | minimum of $25 and a maximum of $40.
| ||||||
5 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
6 | a domestic or
foreign will is admitted to probate | ||||||
7 | without administration (including
proof of heirship), | ||||||
8 | or (iii) letters of office are issued for a particular
| ||||||
9 | purpose without administration of the estate, the fee | ||||||
10 | shall be a minimum of
$25 and a maximum of $40.
| ||||||
11 | (2) For administration of the estate of a ward, a | ||||||
12 | minimum of $50 and
a maximum of $75,
plus the fees | ||||||
13 | specified in subsection (v)(3), except:
| ||||||
14 | (A) When the value of the real and personal | ||||||
15 | property does not exceed
$15,000, the fee shall be a | ||||||
16 | minimum of $25 and a maximum of $40.
| ||||||
17 | (B) When (i) letters of office are issued to a | ||||||
18 | guardian of the
person or persons, but not of the | ||||||
19 | estate or (ii) letters of office are
issued in the
| ||||||
20 | estate of a ward without administration of the estate, | ||||||
21 | including filing or
joining in the filing of a tax | ||||||
22 | return or releasing a mortgage or consenting
to the | ||||||
23 | marriage of the ward, the fee shall be a minimum of $10 | ||||||
24 | and a
maximum
of $20.
| ||||||
25 | (3) In addition to the fees payable under subsection | ||||||
26 | (v)(1) or (v)(2)
of this Section, the following fees are |
| |||||||
| |||||||
1 | payable:
| ||||||
2 | (A) For each account (other than one final account) | ||||||
3 | filed in the
estate of a decedent, or ward, a minimum | ||||||
4 | of $15 and a maximum of $25.
| ||||||
5 | (B) For filing a claim in an estate when the amount | ||||||
6 | claimed is $150
or more but less than $500, a minimum | ||||||
7 | of $10 and a maximum of $20; when
the amount claimed is | ||||||
8 | $500 or
more but less than $10,000, a minimum of $25 | ||||||
9 | and a maximum of $40; when
the amount claimed is | ||||||
10 | $10,000 or more, a minimum of $40 and a maximum of
$60; | ||||||
11 | provided that the court in allowing a claim may add to | ||||||
12 | the amount
allowed
the filing fee paid by the claimant.
| ||||||
13 | (C) For filing in an estate a claim, petition, or | ||||||
14 | supplemental
proceeding based upon an action seeking | ||||||
15 | equitable relief including the
construction or contest | ||||||
16 | of a will, enforcement of a contract to make a
will, | ||||||
17 | and proceedings involving testamentary trusts or the | ||||||
18 | appointment of
testamentary trustees, a minimum of $40 | ||||||
19 | and a maximum of $60.
| ||||||
20 | (D) For filing in an estate (i) the appearance of | ||||||
21 | any person for the
purpose of consent or (ii) the | ||||||
22 | appearance of an executor, administrator,
| ||||||
23 | administrator to collect, guardian, guardian ad litem, | ||||||
24 | or special
administrator, no fee.
| ||||||
25 | (E) Except as provided in subsection (v)(3)(D), | ||||||
26 | for filing the
appearance of any person or persons, a |
| |||||||
| |||||||
1 | minimum of $10 and a maximum of
$30.
| ||||||
2 | (F) For each jury demand, a minimum of $102.50 and | ||||||
3 | a maximum of
$137.50.
| ||||||
4 | (G) For disposition of the collection of a judgment | ||||||
5 | or settlement of
an action or claim for wrongful death | ||||||
6 | of a decedent or of any cause of
action of a ward, when | ||||||
7 | there is no other administration
of the estate, a | ||||||
8 | minimum of $30 and a maximum of $50, less any amount
| ||||||
9 | paid under subsection (v)(1)(B)
or (v)(2)(B) except | ||||||
10 | that if the amount involved does not exceed
$5,000, the | ||||||
11 | fee, including any amount paid under subsection | ||||||
12 | (v)(1)(B) or
(v)(2)(B), shall be a minimum of $10 and a | ||||||
13 | maximum of $20.
| ||||||
14 | (H) For each certified copy of letters of office, | ||||||
15 | of court order or
other certification, a minimum of $1 | ||||||
16 | and a maximum of $2, plus a
minimum of 50ยข and a | ||||||
17 | maximum of $1 per page in excess of 3 pages for the
| ||||||
18 | document certified.
| ||||||
19 | (I) For each exemplification, a minimum of $1 and a | ||||||
20 | maximum of
$2, plus the fee for certification.
| ||||||
21 | (4) The executor, administrator, guardian, petitioner,
| ||||||
22 | or other interested person or his or her attorney shall pay | ||||||
23 | the cost of
publication by the clerk directly to the | ||||||
24 | newspaper.
| ||||||
25 | (5) The person on whose behalf a charge is incurred for | ||||||
26 | witness,
court reporter, appraiser, or other miscellaneous |
| |||||||
| |||||||
1 | fee shall pay the same
directly to the person entitled | ||||||
2 | thereto.
| ||||||
3 | (6) The executor, administrator, guardian, petitioner,
| ||||||
4 | or other interested person or his attorney shall pay to the | ||||||
5 | clerk all
postage charges incurred by the clerk in mailing | ||||||
6 | petitions, orders,
notices, or other documents pursuant to | ||||||
7 | the provisions of the Probate Act
of 1975.
| ||||||
8 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
9 | (1) The clerk shall be entitled to costs in all | ||||||
10 | criminal
and quasi-criminal cases from each person | ||||||
11 | convicted or sentenced to
supervision therein as follows:
| ||||||
12 | (A) Felony complaints, a minimum of $80 and a | ||||||
13 | maximum of $125.
| ||||||
14 | (B) Misdemeanor complaints, a minimum of $50 and a | ||||||
15 | maximum of
$75.
| ||||||
16 | (C) Business offense complaints, a minimum of $50 | ||||||
17 | and a maximum of
$75.
| ||||||
18 | (D) Petty offense complaints, a minimum of $50 and | ||||||
19 | a maximum of
$75.
| ||||||
20 | (E) Minor traffic or ordinance violations, $20.
| ||||||
21 | (F) When court appearance required, $30.
| ||||||
22 | (G) Motions to vacate or amend final orders, a | ||||||
23 | minimum of $20 and
a maximum of $40.
| ||||||
24 | (H) Motions to vacate bond forfeiture orders, a | ||||||
25 | minimum of $20 and
a maximum of $30.
| ||||||
26 | (I) Motions to vacate ex parte judgments, whenever |
| |||||||
| |||||||
1 | filed, a minimum
of $20 and a maximum of $30.
| ||||||
2 | (J) Motions to vacate judgment on forfeitures, | ||||||
3 | whenever filed, a
minimum of $20 and a maximum of $25.
| ||||||
4 | (K) Motions to vacate "failure to appear" or | ||||||
5 | "failure to comply"
notices sent to the Secretary of | ||||||
6 | State, a minimum of $20 and a maximum of
$40.
| ||||||
7 | (2) In counties having a population of more than | ||||||
8 | 500,000
but fewer
than 3,000,000 inhabitants, when the | ||||||
9 | violation complaint is issued by a
municipal police | ||||||
10 | department, the clerk shall be entitled to costs from each
| ||||||
11 | person convicted therein as follows:
| ||||||
12 | (A) Minor traffic or ordinance violations, $10.
| ||||||
13 | (B) When court appearance required, $15.
| ||||||
14 | (3) In ordinance violation cases punishable by fine | ||||||
15 | only, the clerk
of the circuit court shall be entitled to | ||||||
16 | receive, unless the fee is
excused upon a finding by the | ||||||
17 | court that the defendant is indigent, in
addition to other | ||||||
18 | fees or costs allowed or imposed by law, the sum of a
| ||||||
19 | minimum of $50 and a maximum of $112.50
as a fee for the | ||||||
20 | services of a jury. The jury fee shall be paid by the
| ||||||
21 | defendant at the time of filing his or her jury demand. If | ||||||
22 | the fee is not
so paid by the defendant, no jury shall be | ||||||
23 | called, and the case shall be
tried by the court without a | ||||||
24 | jury.
| ||||||
25 | (x) Transcripts of Judgment.
| ||||||
26 | For the filing of a transcript of judgment, the clerk |
| |||||||
| |||||||
1 | shall be entitled
to the same fee as if it were the | ||||||
2 | commencement of new suit.
| ||||||
3 | (y) Change of Venue.
| ||||||
4 | (1) For the filing of a change of case on a change of | ||||||
5 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
6 | were the commencement of a new suit.
| ||||||
7 | (2) The fee for the preparation and certification of a | ||||||
8 | record on a
change of venue to another jurisdiction, when | ||||||
9 | original documents are
forwarded, a minimum of $25 and a | ||||||
10 | maximum of $40.
| ||||||
11 | (z) Tax objection complaints.
| ||||||
12 | For each tax objection complaint containing one or more | ||||||
13 | tax
objections, regardless of the number of parcels | ||||||
14 | involved
or the number of taxpayers joining in the | ||||||
15 | complaint, a minimum of $25
and a maximum of $50.
| ||||||
16 | (aa) Tax Deeds.
| ||||||
17 | (1) Petition for tax deed, if only one parcel is | ||||||
18 | involved, a minimum
of $150 and a maximum of $250.
| ||||||
19 | (2) For each additional parcel, add a fee of a minimum | ||||||
20 | of $50 and a
maximum of $100.
| ||||||
21 | (bb) Collections.
| ||||||
22 | (1) For all collections made of others, except the | ||||||
23 | State and county
and except in maintenance or child support | ||||||
24 | cases, a sum equal to a minimum
of 2.5% and a maximum of | ||||||
25 | 3.0% of the amount collected and turned over.
| ||||||
26 | (2) Interest earned on any funds held by the clerk |
| |||||||
| |||||||
1 | shall be turned
over to the county general fund as an | ||||||
2 | earning of the office.
| ||||||
3 | (3) For any check, draft, or other bank instrument | ||||||
4 | returned to the clerk
for non-sufficient funds, account | ||||||
5 | closed, or payment stopped, $25.
| ||||||
6 | (4) In child support and maintenance cases, the clerk, | ||||||
7 | if authorized by an
ordinance of the county board, may | ||||||
8 | collect an annual fee of up to $36 from
the person making | ||||||
9 | payment for maintaining child support records and the
| ||||||
10 | processing of support orders to the State of Illinois KIDS | ||||||
11 | system and the
recording of payments issued by the State | ||||||
12 | Disbursement Unit for the official
record of the Court.
| ||||||
13 | This fee shall be in addition
to and separate from amounts | ||||||
14 | ordered to be paid as maintenance or child
support and | ||||||
15 | shall be deposited into a Separate Maintenance and Child | ||||||
16 | Support
Collection Fund, of which the clerk shall be the | ||||||
17 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
18 | child support orders and record all payments
issued by the | ||||||
19 | State Disbursement Unit for the official record of the | ||||||
20 | Court.
The clerk may recover from the person making the | ||||||
21 | maintenance or child support
payment any additional cost | ||||||
22 | incurred in the collection of this annual
fee.
| ||||||
23 | The clerk shall also be entitled to a fee of $5 for | ||||||
24 | certifications made
to the Secretary of State as provided | ||||||
25 | in Section 7-703 of the Family Financial
Responsibility Law | ||||||
26 | and these fees shall also be deposited into the Separate
|
| |||||||
| |||||||
1 | Maintenance and Child Support Collection Fund.
| ||||||
2 | (cc) Corrections of Numbers.
| ||||||
3 | For correction of the case number, case title, or | ||||||
4 | attorney computer
identification number, if required by | ||||||
5 | rule of court, on any document filed
in the clerk's office, | ||||||
6 | to be charged against the party that filed the
document, a | ||||||
7 | minimum of $15 and a maximum of $25.
| ||||||
8 | (dd) Exceptions.
| ||||||
9 | The fee requirements of this Section shall not apply to | ||||||
10 | police
departments or other law enforcement agencies. In | ||||||
11 | this Section, "law
enforcement agency" means an agency of | ||||||
12 | the State or a unit of local
government which is vested by | ||||||
13 | law or ordinance with the duty to maintain
public order and | ||||||
14 | to enforce criminal laws or ordinances. "Law enforcement
| ||||||
15 | agency" also means the Attorney General or any state's | ||||||
16 | attorney.
The fee requirements of this Section shall not | ||||||
17 | apply to any action instituted
under subsection (b) of | ||||||
18 | Section 11-31-1 of the Illinois Municipal Code by a
private | ||||||
19 | owner or tenant of real property within 1200 feet of a | ||||||
20 | dangerous or
unsafe building seeking an order compelling | ||||||
21 | the owner or owners of the building
to take any of the | ||||||
22 | actions authorized under that subsection.
| ||||||
23 | The fee requirements of this Section shall not apply to | ||||||
24 | the filing of any
commitment petition or petition for an | ||||||
25 | order authorizing the administration of psychotropic | ||||||
26 | medication or electroconvulsive therapy
authorized
|
| |||||||
| |||||||
1 | involuntary treatment in the form of medication under the | ||||||
2 | Mental Health and
Developmental Disabilities Code.
| ||||||
3 | (ee) Adoptions.
| ||||||
4 | (1) For an adoption ..............................$65
| ||||||
5 | (2) Upon good cause shown, the court may waive the | ||||||
6 | adoption filing fee in
a special needs adoption. The term | ||||||
7 | "special needs adoption" shall have the
meaning ascribed to | ||||||
8 | it by the Illinois Department of Children and Family
| ||||||
9 | Services.
| ||||||
10 | (ff) Adoption exemptions.
| ||||||
11 | No fee other than that set forth in subsection (ee) | ||||||
12 | shall be charged to any
person in connection with an | ||||||
13 | adoption proceeding
nor may any fee be charged
for | ||||||
14 | proceedings for the
appointment of a confidential | ||||||
15 | intermediary under the Adoption Act.
| ||||||
16 | (gg) Unpaid fees.
| ||||||
17 | Unless a court ordered payment schedule is implemented | ||||||
18 | or the fee
requirements of this Section are waived pursuant | ||||||
19 | to court order, the clerk of
the court may add to any | ||||||
20 | unpaid fees and costs under this Section a delinquency
| ||||||
21 | amount equal to 5% of the unpaid fees that remain unpaid | ||||||
22 | after 30 days, 10% of
the unpaid fees that remain unpaid | ||||||
23 | after 60 days, and 15% of the unpaid fees
that remain | ||||||
24 | unpaid after 90 days. Notice to those parties may be made | ||||||
25 | by
signage posting or publication. The additional | ||||||
26 | delinquency amounts collected under this Section shall
be |
| |||||||
| |||||||
1 | used to defray additional administrative costs incurred by | ||||||
2 | the clerk of the
circuit court in collecting unpaid fees | ||||||
3 | and costs.
| ||||||
4 | (Source: P.A. 92-16, eff. 6-28-01; 92-521, eff. 6-1-02; 93-385, | ||||||
5 | eff. 7-25-03; 93-573, eff. 8-21-03; 93-760, eff. 1-1-05.)
| ||||||
6 | (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
| ||||||
7 | Sec. 27.2a. The fees of the clerks of the circuit court in | ||||||
8 | all
counties having a population of 3,000,000 or more | ||||||
9 | inhabitants in the
instances described in this Section shall be | ||||||
10 | as provided in this
Section. In those instances where a minimum | ||||||
11 | and maximum fee is stated, the
clerk of the circuit court must | ||||||
12 | charge the minimum fee listed
and may charge up to the maximum | ||||||
13 | fee if the county board has by resolution
increased the fee. | ||||||
14 | The fees shall be paid in advance and shall be as follows:
| ||||||
15 | (a) Civil Cases.
| ||||||
16 | The fee for filing a complaint, petition, or other | ||||||
17 | pleading
initiating a civil action, with the following | ||||||
18 | exceptions, shall be a minimum
of $190 and a maximum of | ||||||
19 | $240.
| ||||||
20 | (A) When the amount of money or damages or the | ||||||
21 | value of personal
property claimed does not exceed | ||||||
22 | $250, a minimum of $15 and a maximum of
$22.
| ||||||
23 | (B) When that amount exceeds $250 but does not | ||||||
24 | exceed $1000, a minimum
of $40 and a maximum of $75.
| ||||||
25 | (C) When that amount exceeds $1000 but does not |
| |||||||
| |||||||
1 | exceed $2500, a
minimum of $50 and a maximum of $80.
| ||||||
2 | (D) When that amount exceeds $2500 but does not | ||||||
3 | exceed $5000, a
minimum of $100 and a maximum of $130.
| ||||||
4 | (E) When that amount exceeds $5000 but does not | ||||||
5 | exceed $15,000, $150.
| ||||||
6 | (F) For the exercise of eminent domain, $150. For | ||||||
7 | each additional
lot or tract of land or right or | ||||||
8 | interest therein subject to be condemned,
the damages | ||||||
9 | in respect to which shall require separate assessment | ||||||
10 | by a jury,
$150.
| ||||||
11 | (G) For the final determination of parking, | ||||||
12 | standing, and compliance
violations and final | ||||||
13 | administrative decisions issued after hearings | ||||||
14 | regarding
vehicle immobilization and impoundment made | ||||||
15 | pursuant to Sections 3-704.1,
6-306.5, and 11-208.3 of | ||||||
16 | the Illinois Vehicle Code, $25.
| ||||||
17 | (H) No fees shall be charged by the clerk to a | ||||||
18 | petitioner in any
order
of
protection including, but | ||||||
19 | not limited to, filing, modifying, withdrawing,
| ||||||
20 | certifying, or
photocopying petitions for orders of | ||||||
21 | protection, or for issuing alias summons,
or for any
| ||||||
22 | related filing service, certifying, modifying, | ||||||
23 | vacating, or
photocopying any
orders of protection.
| ||||||
24 | (b) Forcible Entry and Detainer.
| ||||||
25 | In each forcible entry and detainer case when the | ||||||
26 | plaintiff seeks
possession only or unites with his or her |
| |||||||
| |||||||
1 | claim for possession of the property
a claim for rent or | ||||||
2 | damages or both in the amount of $15,000 or less, a
minimum | ||||||
3 | of $75 and a maximum of $140.
When the plaintiff unites his | ||||||
4 | or her claim for possession with a claim for
rent or | ||||||
5 | damages or both exceeding $15,000, a minimum of $225 and a
| ||||||
6 | maximum of
$335.
| ||||||
7 | (c) Counterclaim or Joining Third Party Defendant.
| ||||||
8 | When any defendant files a counterclaim as part of his | ||||||
9 | or her answer or
otherwise or joins another party as a | ||||||
10 | third party defendant, or both, the
defendant shall pay a | ||||||
11 | fee for each counterclaim or third party action in an
| ||||||
12 | amount equal to the fee he or she would have had to pay had | ||||||
13 | he or she
brought a separate action for the relief sought | ||||||
14 | in the counterclaim or
against the third party defendant, | ||||||
15 | less the amount of the appearance fee,
if that has been | ||||||
16 | paid.
| ||||||
17 | (d) Confession of Judgment.
| ||||||
18 | In a confession of judgment when the amount does not | ||||||
19 | exceed $1500, a
minimum of $60 and a maximum of $70.
When | ||||||
20 | the amount exceeds $1500, but does not exceed $5000, a | ||||||
21 | minimum of $75
and a maximum of $150.
When the
amount | ||||||
22 | exceeds $5000, but does not exceed $15,000, a minimum of | ||||||
23 | $175 and
a
maximum of $260. When the
amount
exceeds | ||||||
24 | $15,000, a minimum of $250 and a maximum of $310.
| ||||||
25 | (e) Appearance.
| ||||||
26 | The fee for filing an appearance in each civil case |
| |||||||
| |||||||
1 | shall be a minimum
of
$75 and a maximum of $110,
except as | ||||||
2 | follows:
| ||||||
3 | (A) When the plaintiff in a forcible entry and | ||||||
4 | detainer case seeks
possession only, a minimum of $40 | ||||||
5 | and a maximum of $80.
| ||||||
6 | (B) When the amount in the case does not exceed | ||||||
7 | $1500, a minimum of
$40 and a maximum of $80.
| ||||||
8 | (C) When that amount exceeds $1500 but does not | ||||||
9 | exceed $15,000, a
minimum of $60 and a maximum of $90.
| ||||||
10 | (f) Garnishment, Wage Deduction, and Citation.
| ||||||
11 | In garnishment affidavit, wage deduction affidavit, | ||||||
12 | and citation
petition when the amount does not exceed | ||||||
13 | $1,000, a minimum of $15 and a
maximum of $25; when the
| ||||||
14 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
15 | of $30 and a maximum
of
$45; and when the amount
exceeds
| ||||||
16 | $5,000, a minimum of $50 and a maximum of $80.
| ||||||
17 | (g) Petition to Vacate
or Modify.
| ||||||
18 | (1) Petition to vacate
or modify any final judgment or | ||||||
19 | order of court,
except in forcible entry and detainer cases | ||||||
20 | and small claims cases or a
petition to reopen an estate, | ||||||
21 | to modify, terminate, or enforce a
judgment or order for | ||||||
22 | child or spousal support, or to modify, suspend, or
| ||||||
23 | terminate an order for withholding, if filed before 30 days | ||||||
24 | after the entry
of the judgment or order, a minimum of $50 | ||||||
25 | and a maximum of $60.
| ||||||
26 | (2) Petition to vacate
or modify any final judgment
or |
| |||||||
| |||||||
1 | order of court, except a petition to modify, terminate, or | ||||||
2 | enforce a
judgment or order for child or spousal support or | ||||||
3 | to modify, suspend, or
terminate an order for withholding, | ||||||
4 | if filed later than 30 days
after the entry of the judgment | ||||||
5 | or order, a minimum of $75 and a maximum
of
$90.
| ||||||
6 | (3) Petition to vacate order of bond forfeiture, a | ||||||
7 | minimum of $40
and a
maximum of $80.
| ||||||
8 | (h) Mailing.
| ||||||
9 | When the clerk is required to mail, the fee will be a | ||||||
10 | minimum of $10
and
a maximum of $15,
plus the cost of | ||||||
11 | postage.
| ||||||
12 | (i) Certified Copies.
| ||||||
13 | Each certified copy of a judgment after the first, | ||||||
14 | except in small
claims and forcible entry and detainer | ||||||
15 | cases, a minimum of $15 and a
maximum
of $20.
| ||||||
16 | (j) Habeas Corpus.
| ||||||
17 | For filing a petition for relief by habeas corpus, a | ||||||
18 | minimum of $125
and
a maximum of $190.
| ||||||
19 | (k) Certification, Authentication, and Reproduction.
| ||||||
20 | (1) Each certification or authentication for taking | ||||||
21 | the acknowledgment
of a deed or other instrument in writing | ||||||
22 | with the seal of office, a minimum
of $6 and a maximum of | ||||||
23 | $9.
| ||||||
24 | (2) Court appeals when original documents are | ||||||
25 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
26 | minimum of $75 and a maximum of $110.
|
| |||||||
| |||||||
1 | (3) Court appeals when original documents are | ||||||
2 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
3 | minimum of $150 and a maximum of $185.
| ||||||
4 | (4) Court appeals when original documents are | ||||||
5 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
6 | of 25 and a maximum of 30 cents
per
page.
| ||||||
7 | (5) For reproduction of any document contained in the | ||||||
8 | clerk's files:
| ||||||
9 | (A) First page, $2.
| ||||||
10 | (B) Next 19 pages, 50 cents per page.
| ||||||
11 | (C) All remaining pages, 25 cents per page.
| ||||||
12 | (l) Remands.
| ||||||
13 | In any cases remanded to the Circuit Court from the | ||||||
14 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
15 | clerk shall file the
remanding order and reinstate the case | ||||||
16 | with either its original number or a new
number. The Clerk
| ||||||
17 | shall not charge any new or additional fee for the | ||||||
18 | reinstatement. Upon
reinstatement the Clerk shall advise | ||||||
19 | the parties of the reinstatement. A
party shall have the | ||||||
20 | same right to a jury trial on remand and reinstatement
as | ||||||
21 | he or she had before the appeal, and no additional or new | ||||||
22 | fee or charge
shall be made for a jury trial after remand.
| ||||||
23 | (m) Record Search.
| ||||||
24 | For each record search, within a division or municipal | ||||||
25 | district, the
clerk shall be entitled to a search fee of a | ||||||
26 | minimum of $6 and a maximum
of
$9 for each year
searched.
|
| |||||||
| |||||||
1 | (n) Hard Copy.
| ||||||
2 | For each page of hard copy print output, when case | ||||||
3 | records are
maintained on an automated medium, the clerk | ||||||
4 | shall be entitled to a fee of
a minimum of $6 and a maximum | ||||||
5 | of $9.
| ||||||
6 | (o) Index Inquiry and Other Records.
| ||||||
7 | No fee shall be charged for a single | ||||||
8 | plaintiff/defendant index inquiry
or single case record | ||||||
9 | inquiry when this request is made in person and the
records | ||||||
10 | are maintained in a current automated medium, and when no | ||||||
11 | hard copy
print output is requested. The fees to be charged | ||||||
12 | for management records,
multiple case records, and | ||||||
13 | multiple journal records may be specified by the
Chief | ||||||
14 | Judge pursuant to the guidelines for access and | ||||||
15 | dissemination of
information approved by the Supreme | ||||||
16 | Court.
| ||||||
17 | (p) (Blank).
| ||||||
18 | (q) Alias Summons.
| ||||||
19 | For each alias summons or citation issued by the clerk, | ||||||
20 | a minimum of $5
and a maximum of $6.
| ||||||
21 | (r) Other Fees.
| ||||||
22 | Any fees not covered in this Section shall be set by | ||||||
23 | rule or
administrative order of the Circuit Court with the | ||||||
24 | approval of the
Administrative Office of the Illinois | ||||||
25 | Courts.
| ||||||
26 | The clerk of the circuit court may provide additional |
| |||||||
| |||||||
1 | services for
which there is no fee specified by statute in | ||||||
2 | connection with the operation
of the clerk's office as may | ||||||
3 | be requested by the public and agreed to by
the clerk and | ||||||
4 | approved by the chief judge of the circuit court. Any
| ||||||
5 | charges for additional services shall be as agreed to
| ||||||
6 | between the clerk and the party making the request and | ||||||
7 | approved by the
chief judge of the circuit court. Nothing | ||||||
8 | in this
subsection shall be construed to require any clerk | ||||||
9 | to provide any service
not otherwise required by law.
| ||||||
10 | (s) Jury Services.
| ||||||
11 | The clerk shall be entitled to receive, in
addition to | ||||||
12 | other fees allowed by law, the sum of a minimum of $212.50
| ||||||
13 | and
maximum of $230, as a
fee for the
services of a jury in | ||||||
14 | every civil action not quasi-criminal in its
nature and not | ||||||
15 | a proceeding for the exercise of the right of eminent
| ||||||
16 | domain and in every other action wherein the right of trial | ||||||
17 | by jury
is or may be given by law. The jury fee shall be | ||||||
18 | paid by the party
demanding a jury at the time of filing | ||||||
19 | the jury demand. If the fee is
not paid by either party, no | ||||||
20 | jury shall be called in the action or
proceeding, and the | ||||||
21 | same shall be tried by the court without a jury.
| ||||||
22 | (t) Voluntary Assignment.
| ||||||
23 | For filing each deed of voluntary assignment, a minimum | ||||||
24 | of $20 and a
maximum of $40; for
recording
the same, a | ||||||
25 | minimum of 50ยข and a maximum of $0.80 for each 100 words.
| ||||||
26 | Exceptions filed to claims
presented
to an assignee of a |
| |||||||
| |||||||
1 | debtor who has made a voluntary assignment for the
benefit | ||||||
2 | of creditors shall be considered and treated, for the | ||||||
3 | purpose of
taxing costs therein, as actions in which the | ||||||
4 | party or parties filing
the exceptions shall be considered | ||||||
5 | as party or parties plaintiff, and
the claimant or | ||||||
6 | claimants as party or parties defendant, and those
parties | ||||||
7 | respectively shall pay to the clerk the same fees
as | ||||||
8 | provided by this Section to be paid in other actions.
| ||||||
9 | (u) Expungement Petition.
| ||||||
10 | The clerk shall be entitled to receive a fee of a | ||||||
11 | minimum of $60 and
a
maximum of $120 for each
expungement | ||||||
12 | petition filed and an additional fee of a minimum of $4 and | ||||||
13 | a
maximum of $8 for each
certified
copy of an order to | ||||||
14 | expunge arrest records.
| ||||||
15 | (v) Probate.
| ||||||
16 | The clerk is entitled to receive the fees
specified in | ||||||
17 | this subsection (v), which shall be paid in advance,
except | ||||||
18 | that, for good cause shown, the court may suspend, reduce, | ||||||
19 | or
release the costs payable under this subsection:
| ||||||
20 | (1) For administration of the estate of a decedent | ||||||
21 | (whether testate
or intestate) or of a missing person, a | ||||||
22 | minimum of $150 and a maximum of
$225, plus the fees
| ||||||
23 | specified in
subsection (v)(3), except:
| ||||||
24 | (A) When the value of the real and personal | ||||||
25 | property does not exceed
$15,000, the fee shall be a | ||||||
26 | minimum of $40 and a maximum of $65.
|
| |||||||
| |||||||
1 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
2 | a domestic or
foreign will is admitted to probate | ||||||
3 | without administration (including
proof of heirship), | ||||||
4 | or (iii) letters of office are issued for a particular
| ||||||
5 | purpose without administration of the estate, the fee | ||||||
6 | shall be a minimum of
$40 and a maximum of $65.
| ||||||
7 | (2) For administration of the estate of a ward, a | ||||||
8 | minimum of $75 and
a
maximum of $110,
plus the fees | ||||||
9 | specified in subsection (v)(3), except:
| ||||||
10 | (A) When the value of the real and personal | ||||||
11 | property does not exceed
$15,000, the fee shall be a | ||||||
12 | minimum of $40 and a maximum of $65.
| ||||||
13 | (B) When (i) letters of office are issued to a | ||||||
14 | guardian of the person
or persons,
but not of the | ||||||
15 | estate or (ii) letters of office are issued in the | ||||||
16 | estate of
a ward without administration of the estate, | ||||||
17 | including filing or joining in
the filing of a tax | ||||||
18 | return or releasing a mortgage or consenting to the
| ||||||
19 | marriage of the ward, the fee shall be a minimum of $20 | ||||||
20 | and a maximum of
$40.
| ||||||
21 | (3) In addition to the fees payable under subsection | ||||||
22 | (v)(1) or
(v)(2) of this Section, the following fees are | ||||||
23 | payable:
| ||||||
24 | (A) For each account (other than one final account) | ||||||
25 | filed in the
estate of a decedent, or ward, a minimum | ||||||
26 | of $25 and a maximum of $40.
|
| |||||||
| |||||||
1 | (B) For filing a claim in an estate when the amount | ||||||
2 | claimed is $150
or more but less than $500, a minimum | ||||||
3 | of $20 and a maximum of $40; when
the
amount claimed is | ||||||
4 | $500 or
more but less than $10,000, a minimum of $40 | ||||||
5 | and a maximum of $65; when
the
amount claimed is | ||||||
6 | $10,000
or more,
a minimum of $60 and a maximum of $90; | ||||||
7 | provided that the court in
allowing
a claim may add to | ||||||
8 | the
amount allowed
the filing fee paid by the claimant.
| ||||||
9 | (C) For filing in an estate a claim, petition, or | ||||||
10 | supplemental
proceeding based upon an action seeking | ||||||
11 | equitable relief including the
construction or contest | ||||||
12 | of a will, enforcement of a contract to make a
will, | ||||||
13 | and proceedings involving testamentary trusts or the | ||||||
14 | appointment of
testamentary trustees, a minimum of $60 | ||||||
15 | and a maximum of $90.
| ||||||
16 | (D) For filing in an estate (i) the appearance of | ||||||
17 | any person for the
purpose of consent or (ii) the | ||||||
18 | appearance of an executor, administrator,
| ||||||
19 | administrator to collect, guardian, guardian ad litem, | ||||||
20 | or special
administrator, no fee.
| ||||||
21 | (E) Except as provided in subsection (v)(3)(D), | ||||||
22 | for filing the
appearance of any person or persons, a | ||||||
23 | minimum of $30 and a maximum of
$90.
| ||||||
24 | (F) For each jury demand, a minimum of $137.50 and | ||||||
25 | a maximum of
$180.
| ||||||
26 | (G) For disposition of the collection of a judgment |
| |||||||
| |||||||
1 | or settlement of
an action or claim for wrongful death | ||||||
2 | of a decedent or of any cause of
action of a ward, when | ||||||
3 | there is no other administration
of the estate, a | ||||||
4 | minimum of $50 and a maximum of $80, less any amount
| ||||||
5 | paid
under subsection (v)(1)(B)
or (v)(2)(B) except | ||||||
6 | that if the amount involved does not exceed
$5,000, the | ||||||
7 | fee, including any amount paid under subsection
| ||||||
8 | (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a | ||||||
9 | maximum of $40.
| ||||||
10 | (H) For each certified copy of letters of office, | ||||||
11 | of court order or
other certification, a minimum of $2 | ||||||
12 | and a maximum of $4, plus $1 per
page
in excess
of 3 | ||||||
13 | pages for the document certified.
| ||||||
14 | (I) For each exemplification, $2, plus the fee for | ||||||
15 | certification.
| ||||||
16 | (4) The executor, administrator, guardian, petitioner,
| ||||||
17 | or other interested person or his or her attorney shall pay | ||||||
18 | the cost of
publication by the clerk directly to the | ||||||
19 | newspaper.
| ||||||
20 | (5) The person on whose behalf a charge is incurred for | ||||||
21 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
22 | fee shall pay the same
directly to the person entitled | ||||||
23 | thereto.
| ||||||
24 | (6) The executor, administrator, guardian, petitioner, | ||||||
25 | or other
interested person or his or her attorney shall pay | ||||||
26 | to the clerk all postage
charges incurred by the clerk in |
| |||||||
| |||||||
1 | mailing petitions, orders, notices, or
other documents | ||||||
2 | pursuant to the provisions of the Probate Act of 1975.
| ||||||
3 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
4 | (1) The clerk shall be entitled to costs in all | ||||||
5 | criminal
and quasi-criminal cases from each person | ||||||
6 | convicted or sentenced to
supervision therein as follows:
| ||||||
7 | (A) Felony complaints, a minimum of $125 and a | ||||||
8 | maximum of $190.
| ||||||
9 | (B) Misdemeanor complaints, a minimum of $75 and a | ||||||
10 | maximum of
$110.
| ||||||
11 | (C) Business offense complaints, a minimum of $75 | ||||||
12 | and a maximum of
$110.
| ||||||
13 | (D) Petty offense complaints, a minimum of $75 and | ||||||
14 | a maximum of
$110.
| ||||||
15 | (E) Minor traffic or ordinance violations, $30.
| ||||||
16 | (F) When court appearance required, $50.
| ||||||
17 | (G) Motions to vacate or amend final orders, a | ||||||
18 | minimum of $40 and
a
maximum of $80.
| ||||||
19 | (H) Motions to vacate bond forfeiture orders, a | ||||||
20 | minimum of $30 and
a
maximum of $45.
| ||||||
21 | (I) Motions to vacate ex parte judgments, whenever | ||||||
22 | filed, a minimum
of
$30 and a maximum of $45.
| ||||||
23 | (J) Motions to vacate judgment on forfeitures, | ||||||
24 | whenever filed, a
minimum of $25 and a maximum of $30.
| ||||||
25 | (K) Motions to vacate "failure to appear" or | ||||||
26 | "failure to comply"
notices sent to the Secretary of |
| |||||||
| |||||||
1 | State, a minimum of $40 and a maximum of
$50.
| ||||||
2 | (2) In counties having a population of 3,000,000 or | ||||||
3 | more,
when the violation complaint is issued by a municipal
| ||||||
4 | police department, the clerk shall be entitled to costs | ||||||
5 | from each person
convicted therein as follows:
| ||||||
6 | (A) Minor traffic or ordinance violations, $30.
| ||||||
7 | (B) When court appearance required, $50.
| ||||||
8 | (3) In ordinance violation cases punishable by fine | ||||||
9 | only, the clerk
of the circuit court shall be entitled to | ||||||
10 | receive, unless the fee is
excused upon a finding by the | ||||||
11 | court that the defendant is indigent, in
addition to other | ||||||
12 | fees or costs allowed or imposed by law, the sum of a
| ||||||
13 | minimum of
$112.50 and a maximum of $250
as a fee for the | ||||||
14 | services of a jury. The jury fee shall be paid by the
| ||||||
15 | defendant at the time of filing his or her jury demand. If | ||||||
16 | the fee is not
so paid by the defendant, no jury shall be | ||||||
17 | called, and the case shall be
tried by the court without a | ||||||
18 | jury.
| ||||||
19 | (x) Transcripts of Judgment.
| ||||||
20 | For the filing of a transcript of judgment, the clerk | ||||||
21 | shall be entitled
to the same fee as if it were the | ||||||
22 | commencement of a new suit.
| ||||||
23 | (y) Change of Venue.
| ||||||
24 | (1) For the filing of a change of case on a change of | ||||||
25 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
26 | were the commencement of a new suit.
|
| |||||||
| |||||||
1 | (2) The fee for the preparation and certification of a | ||||||
2 | record on a
change of venue to another jurisdiction, when | ||||||
3 | original documents are
forwarded, a minimum of $40 and a | ||||||
4 | maximum of $65.
| ||||||
5 | (z) Tax objection complaints.
| ||||||
6 | For each tax objection complaint containing one or more | ||||||
7 | tax
objections, regardless of the number of parcels | ||||||
8 | involved or the number of
taxpayers joining in the | ||||||
9 | complaint, a minimum of $50 and a maximum of
$100.
| ||||||
10 | (aa) Tax Deeds.
| ||||||
11 | (1) Petition for tax deed, if only one parcel is | ||||||
12 | involved, a minimum
of
$250 and a maximum of $400.
| ||||||
13 | (2) For each additional parcel, add a fee of a minimum | ||||||
14 | of $100 and a
maximum of $200.
| ||||||
15 | (bb) Collections.
| ||||||
16 | (1) For all collections made of others, except the | ||||||
17 | State and county
and except in maintenance or child support | ||||||
18 | cases, a sum equal to 3.0% of
the amount collected and | ||||||
19 | turned over.
| ||||||
20 | (2) Interest earned on any funds held by the clerk | ||||||
21 | shall be turned
over to the county general fund as an | ||||||
22 | earning of the office.
| ||||||
23 | (3) For any check, draft, or other bank instrument | ||||||
24 | returned to the
clerk for non-sufficient funds, account | ||||||
25 | closed, or payment stopped, $25.
| ||||||
26 | (4) In child support and maintenance cases, the clerk, |
| |||||||
| |||||||
1 | if authorized by an
ordinance of the county board, may | ||||||
2 | collect an annual fee of up to $36 from
the person making | ||||||
3 | payment for maintaining child support records and the
| ||||||
4 | processing of support orders to the State of Illinois KIDS | ||||||
5 | system and the
recording of payments issued by the State | ||||||
6 | Disbursement Unit for the official
record of the Court. | ||||||
7 | This fee shall be in addition
to and separate from amounts | ||||||
8 | ordered to be paid as maintenance or child
support and | ||||||
9 | shall be deposited into a Separate Maintenance and Child | ||||||
10 | Support
Collection Fund, of which the clerk shall be the | ||||||
11 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
12 | child support orders and record all payments
issued by the | ||||||
13 | State Disbursement Unit for the official record of the | ||||||
14 | Court.
The clerk may recover from the person making the | ||||||
15 | maintenance or child
support payment any additional cost | ||||||
16 | incurred in the collection of this annual
fee.
| ||||||
17 | The clerk shall also be entitled to a fee of $5 for | ||||||
18 | certifications made
to the Secretary of State as provided | ||||||
19 | in Section 7-703 of the Family
Financial Responsibility Law | ||||||
20 | and these fees shall also be deposited into the
Separate | ||||||
21 | Maintenance and Child Support Collection Fund.
| ||||||
22 | (cc) Corrections of Numbers.
| ||||||
23 | For correction of the case number, case title, or | ||||||
24 | attorney computer
identification number, if required by | ||||||
25 | rule of court, on any document filed
in the clerk's office, | ||||||
26 | to be charged against the party that filed the document,
a |
| |||||||
| |||||||
1 | minimum of $25 and a maximum of $40.
| ||||||
2 | (dd) Exceptions.
| ||||||
3 | (1) The fee requirements of this Section shall not | ||||||
4 | apply to police
departments or other law enforcement | ||||||
5 | agencies. In this Section, "law
enforcement agency" means | ||||||
6 | an agency of the State or a unit of local
government which | ||||||
7 | is vested by law or ordinance with the duty to maintain
| ||||||
8 | public order and to enforce criminal laws or ordinances. | ||||||
9 | "Law enforcement
agency" also means the Attorney General or | ||||||
10 | any state's attorney.
| ||||||
11 | (2) No fee provided herein shall be charged to any unit | ||||||
12 | of
local government or school district.
The fee | ||||||
13 | requirements of this Section shall not apply to any action | ||||||
14 | instituted
under subsection (b) of Section 11-31-1 of the | ||||||
15 | Illinois Municipal Code by a
private owner or tenant of | ||||||
16 | real property within 1200 feet of a dangerous or
unsafe | ||||||
17 | building seeking an order compelling the owner or owners of | ||||||
18 | the building
to take any of the actions authorized under | ||||||
19 | that subsection.
| ||||||
20 | (3) The fee requirements of this Section shall not | ||||||
21 | apply to the filing
of any
commitment petition or petition | ||||||
22 | for an order authorizing the administration of | ||||||
23 | psychotropic medication or electroconvulsive therapy
| ||||||
24 | authorized
involuntary treatment in the form of medication
| ||||||
25 | under the Mental Health and
Developmental Disabilities | ||||||
26 | Code.
|
| |||||||
| |||||||
1 | (ee) Adoption.
| ||||||
2 | (1) For an adoption ..............................$65
| ||||||
3 | (2) Upon good cause shown, the court may waive the | ||||||
4 | adoption filing fee
in a special needs adoption. The term | ||||||
5 | "special needs adoption" shall have
the meaning ascribed to | ||||||
6 | it by the Illinois Department of Children and Family
| ||||||
7 | Services.
| ||||||
8 | (ff) Adoption exemptions.
| ||||||
9 | No fee other than that set forth in subsection (ee) | ||||||
10 | shall be charged to
any person in connection with an | ||||||
11 | adoption proceeding
nor may any fee be
charged for | ||||||
12 | proceedings for
the appointment of a confidential | ||||||
13 | intermediary under the Adoption Act.
| ||||||
14 | (gg) Unpaid fees.
| ||||||
15 | Unless a court ordered payment schedule is implemented | ||||||
16 | or the fee
requirements of this Section are waived pursuant | ||||||
17 | to court order, the clerk of
the court may add to any | ||||||
18 | unpaid fees and costs under this Section a delinquency
| ||||||
19 | amount equal to 5% of the unpaid fees that remain unpaid | ||||||
20 | after 30 days, 10% of
the unpaid fees that remain unpaid | ||||||
21 | after 60 days, and 15% of the unpaid fees
that remain | ||||||
22 | unpaid after 90 days. Notice to those parties may be made | ||||||
23 | by
signage posting or publication. The additional | ||||||
24 | delinquency amounts collected under this Section shall
be | ||||||
25 | used to defray additional administrative costs incurred by | ||||||
26 | the clerk of the
circuit court in collecting unpaid fees |
| |||||||
| |||||||
1 | and costs.
| ||||||
2 | (Source: P.A. 92-521, eff. 6-1-02; 93-385, eff. 7-25-03; | ||||||
3 | 93-573, eff. 8-21-03; 93-760, eff. 1-1-05 .)
| ||||||
4 | Section 20. The Health Care Surrogate Act is amended by | ||||||
5 | changing Section 60 as follows:
| ||||||
6 | (755 ILCS 40/60)
| ||||||
7 | Sec. 60. Health care surrogate; specific mental health | ||||||
8 | services.
| ||||||
9 | (a) In this Section, "specific mental health services" | ||||||
10 | means the
administration of psychotropic medication or | ||||||
11 | electroconvulsive therapy under Section 2-107 or 2-107.1
| ||||||
12 | authorized involuntary treatment as defined in Section
1-121.5
| ||||||
13 | of the Mental Health and Developmental Disabilities Code or
| ||||||
14 | admission to a mental health facility as defined in Section | ||||||
15 | 1-114 of that
Code.
| ||||||
16 | (b) A surrogate decision maker, other than a court | ||||||
17 | appointed
guardian, may not consent to specific mental health | ||||||
18 | services for an adult
patient.
A surrogate decision maker may, | ||||||
19 | however, petition for the
provision of specific mental health | ||||||
20 | services pursuant to the Mental Health and
Developmental | ||||||
21 | Disabilities Code.
| ||||||
22 | (c) This Section does not grant a court-appointed guardian | ||||||
23 | any additional
authority to consent to specific mental health | ||||||
24 | services than is permitted by
the Mental Health and |
| |||||||
| |||||||
1 | Developmental Disabilities Code.
| ||||||
2 | (Source: P.A. 91-658, eff. 1-1-00.)
| ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
|