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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Clerks of Courts Act is amended by changing | ||||||
5 | Sections 27.3a and 27.3c as follows:
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6 | (705 ILCS 105/27.3a)
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7 | Sec. 27.3a. Fees for automated record keeping, probation | ||||||
8 | and court services operations, and State and Conservation | ||||||
9 | Police operations.
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10 | 1. The expense of establishing and maintaining automated | ||||||
11 | record
keeping systems in the offices of the clerks of the | ||||||
12 | circuit court shall
be borne by the county. To defray such | ||||||
13 | expense in any county having
established such an automated | ||||||
14 | system or which elects to establish such a
system, the county | ||||||
15 | board may require the clerk of the circuit court in
their | ||||||
16 | county to charge and collect a court automation fee of not less | ||||||
17 | than
$1 nor more than $25 $15 to be charged and collected by | ||||||
18 | the clerk of the court.
Such fee shall be paid at the time of | ||||||
19 | filing the first pleading, paper or
other appearance filed by | ||||||
20 | each party in all civil cases or by the defendant
in any | ||||||
21 | felony, traffic, misdemeanor, municipal ordinance, or | ||||||
22 | conservation
case upon a judgment of guilty or grant of | ||||||
23 | supervision, provided that
the record keeping system which |
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1 | processes the case
category for which the fee is charged is | ||||||
2 | automated or has been approved for
automation by the county | ||||||
3 | board, and provided further that no additional fee
shall be | ||||||
4 | required if more than one party is presented in a single | ||||||
5 | pleading,
paper or other appearance. Such fee shall be | ||||||
6 | collected in the manner in
which all other fees or costs are | ||||||
7 | collected.
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8 | 1.1. Starting on July 6, 2012 (the effective date of Public | ||||||
9 | Act 97-761) and pursuant to an administrative order from the | ||||||
10 | chief judge of the circuit or the presiding judge of the county | ||||||
11 | authorizing such collection, a clerk of the circuit court in | ||||||
12 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
13 | Section shall also charge and collect an additional $10 | ||||||
14 | operations fee for probation and court services department | ||||||
15 | operations. | ||||||
16 | This additional fee shall be paid by the defendant in any | ||||||
17 | felony, traffic, misdemeanor, local ordinance, or conservation | ||||||
18 | case upon a judgment of guilty or grant of supervision, except | ||||||
19 | such $10 operations fee shall not be charged and collected in | ||||||
20 | cases governed by Supreme Court Rule 529 in which the bail | ||||||
21 | amount is $120 or less. | ||||||
22 | 1.2. With respect to the fee imposed and collected under | ||||||
23 | subsection 1.1 of this Section, each clerk shall transfer all | ||||||
24 | fees monthly to the county treasurer for deposit into the | ||||||
25 | probation and court services fund created under Section 15.1 of | ||||||
26 | the Probation and Probation Officers Act, and such monies shall |
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1 | be disbursed from the fund only at the direction of the chief | ||||||
2 | judge of the circuit or another judge designated by the Chief | ||||||
3 | Circuit Judge in accordance with the policies and guidelines | ||||||
4 | approved by the Supreme Court. | ||||||
5 | 1.5. Starting on the effective date of this amendatory Act | ||||||
6 | of the 96th General Assembly, a clerk of the circuit court in | ||||||
7 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
8 | Section, shall charge and collect an additional fee of not less | ||||||
9 | than $1 nor more than $15 in an amount equal to the amount of | ||||||
10 | the fee imposed pursuant to subsection 1 of this Section . This | ||||||
11 | additional fee shall be paid by the defendant in any felony, | ||||||
12 | traffic, misdemeanor, or local ordinance case upon a judgment | ||||||
13 | of guilty or grant of supervision. This fee shall not be paid | ||||||
14 | by the defendant for any conservation violation listed in | ||||||
15 | subsection 1.6 of this Section. | ||||||
16 | 1.6. Starting on July 1, 2012 (the effective date of Public | ||||||
17 | Act 97-46), a clerk of the circuit court in any county that | ||||||
18 | imposes a fee pursuant to subsection 1 of this Section shall | ||||||
19 | charge and collect an additional fee of not less than $1 nor | ||||||
20 | more than $15 in an amount equal to the amount of the fee | ||||||
21 | imposed pursuant to subsection 1 of this Section . This | ||||||
22 | additional fee shall be paid by the defendant upon a judgment | ||||||
23 | of guilty or grant of supervision for a conservation violation | ||||||
24 | under the State Parks Act, the Recreational Trails of Illinois | ||||||
25 | Act, the Illinois Explosives Act, the Timber Buyers Licensing | ||||||
26 | Act, the Forest Products Transportation Act, the Firearm Owners |
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1 | Identification Card Act, the Environmental Protection Act, the | ||||||
2 | Fish and Aquatic Life Code, the Wildlife Code, the Cave | ||||||
3 | Protection Act, the Illinois Exotic Weed Act, the Illinois | ||||||
4 | Forestry Development Act, the Ginseng Harvesting Act, the | ||||||
5 | Illinois Lake Management Program Act, the Illinois Natural | ||||||
6 | Areas Preservation Act, the Illinois Open Land Trust Act, the | ||||||
7 | Open Space Lands Acquisition and Development Act, the Illinois | ||||||
8 | Prescribed Burning Act, the State Forest Act, the Water Use Act | ||||||
9 | of 1983, the Illinois Veteran, Youth, and Young Adult | ||||||
10 | Conservation Jobs Act, the Snowmobile Registration and Safety | ||||||
11 | Act, the Boat Registration and Safety Act, the Illinois | ||||||
12 | Dangerous Animals Act, the Hunter and Fishermen Interference | ||||||
13 | Prohibition Act, the Wrongful Tree Cutting Act, or Section | ||||||
14 | 11-1426.1, 11-1426.2, 11-1427, 11-1427.1, 11-1427.2, | ||||||
15 | 11-1427.3, 11-1427.4, or 11-1427.5 of the Illinois Vehicle | ||||||
16 | Code, or Section 48-3 or 48-10 of the Criminal Code of 2012. | ||||||
17 | 2. With respect to the fee imposed under subsection 1 of | ||||||
18 | this Section, each clerk shall commence such charges and | ||||||
19 | collections upon receipt
of written notice from the chairman of | ||||||
20 | the county board together with a
certified copy of the board's | ||||||
21 | resolution, which the clerk shall file of
record in his office.
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22 | 3. With respect to the fee imposed under subsection 1 of | ||||||
23 | this Section, such fees shall be in addition to all other fees | ||||||
24 | and charges of such
clerks, and assessable as costs, and may be | ||||||
25 | waived only if the judge
specifically provides for the waiver | ||||||
26 | of the court automation fee. The
fees shall be remitted monthly |
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1 | by such clerk to the county treasurer, to be
retained by him in | ||||||
2 | a special fund designated as the court automation fund.
The | ||||||
3 | fund shall be audited by the county auditor, and the board | ||||||
4 | shall make
expenditure from the fund in payment of any cost | ||||||
5 | related to the automation
of court records, including hardware, | ||||||
6 | software, research and development
costs and personnel related | ||||||
7 | thereto, provided that the expenditure is
approved by the clerk | ||||||
8 | of the court and by the chief judge of the circuit
court or his | ||||||
9 | designate.
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10 | 4. With respect to the fee imposed under subsection 1 of | ||||||
11 | this Section, such fees shall not be charged in any matter | ||||||
12 | coming to any such clerk
on change of venue, nor in any | ||||||
13 | proceeding to review the decision of any
administrative | ||||||
14 | officer, agency or body.
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15 | 5. With respect to the additional fee imposed under | ||||||
16 | subsection 1.5 of this Section, the fee shall be remitted by | ||||||
17 | the circuit clerk to the State Treasurer within one month after | ||||||
18 | receipt for deposit into the State Police Operations Assistance | ||||||
19 | Fund. | ||||||
20 | 6. With respect to the additional fees imposed under | ||||||
21 | subsection 1.5 of this Section, the Director of State Police | ||||||
22 | may direct the use of these fees for homeland security purposes | ||||||
23 | by transferring these fees on a quarterly basis from the State | ||||||
24 | Police Operations Assistance Fund into the Illinois Law | ||||||
25 | Enforcement Alarm Systems (ILEAS) Fund for homeland security | ||||||
26 | initiatives programs. The transferred fees shall be allocated, |
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1 | subject to the approval of the ILEAS Executive Board, as | ||||||
2 | follows: (i) 66.6% shall be used for homeland security | ||||||
3 | initiatives and (ii) 33.3% shall be used for airborne | ||||||
4 | operations. The ILEAS Executive Board shall annually supply the | ||||||
5 | Director of State Police with a report of the use of these | ||||||
6 | fees. | ||||||
7 | 7. With respect to the additional fee imposed under | ||||||
8 | subsection 1.6 of this Section, the fee shall be remitted by | ||||||
9 | the circuit clerk to the State Treasurer within one month after | ||||||
10 | receipt for deposit into the Conservation Police Operations | ||||||
11 | Assistance Fund. | ||||||
12 | (Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12; | ||||||
13 | 97-453, eff. 8-19-11; 97-738, eff. 7-5-12; 97-761, eff. 7-6-12; | ||||||
14 | 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1150, eff. | ||||||
15 | 1-25-13.)
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16 | (705 ILCS 105/27.3c) (from Ch. 25, par. 27.3c)
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17 | Sec. 27.3c. Document storage system.
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18 | (a) The expense of establishing and maintaining a document | ||||||
19 | storage
system in the offices of the circuit court clerks in | ||||||
20 | the several counties
of this State shall be borne by the | ||||||
21 | county. To defray the expense in any
county that elects to | ||||||
22 | establish a document storage system and convert the
records of | ||||||
23 | the circuit court clerk to electronic or micrographic storage,
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24 | the county board may require the clerk of the circuit court in | ||||||
25 | its county
to collect a court document fee of not less than $1 |
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1 | nor more than $25 $15 , to
be charged and collected by the clerk | ||||||
2 | of the court. The fee shall be paid
at the time of filing the | ||||||
3 | first pleading, paper, or other appearance filed
by each party | ||||||
4 | in all civil cases or by the defendant in any felony,
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5 | misdemeanor, traffic, ordinance, or conservation matter on a | ||||||
6 | judgment of
guilty or grant of supervision, provided that the | ||||||
7 | document storage system
is in place or has been authorized by | ||||||
8 | the county board and further that no
additional fee shall be | ||||||
9 | required if more than one party is presented in a
single | ||||||
10 | pleading, paper, or other appearance. The fee shall
be | ||||||
11 | collected in the manner in which all other fees or costs are
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12 | collected.
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13 | (b) Each clerk shall commence charges and collections of a | ||||||
14 | court
document fee upon receipt of written notice from the | ||||||
15 | chairman of
the county board together with a certified copy of | ||||||
16 | the board's resolution,
which the clerk shall file of record in | ||||||
17 | his or her office.
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18 | (c) Court document fees shall be in addition to other fees | ||||||
19 | and charges
of the clerk, shall be assessable as costs, and may | ||||||
20 | be waived only if the
judge specifically provides for the | ||||||
21 | waiver of the court document storage
fee. The fees shall be | ||||||
22 | remitted monthly
by the clerk to the county treasurer, to be | ||||||
23 | retained by the treasurer in a
special fund designated as the | ||||||
24 | Court Document Storage Fund. The fund shall
be audited by the | ||||||
25 | county auditor, and the board shall make expenditures
from the | ||||||
26 | fund in payment of any costs relative to the storage of court |
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1 | records,
including hardware, software, research and | ||||||
2 | development costs, and related
personnel, provided that the | ||||||
3 | expenditure is approved by the clerk of the
circuit court.
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4 | (d) A court document fee shall not be charged in any matter | ||||||
5 | coming to
the clerk on change of venue or in any proceeding to | ||||||
6 | review the
decision of any administrative officer, agency, or | ||||||
7 | body.
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8 | (Source: P.A. 94-596, eff. 1-1-06.)
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