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| 1 | AN ACT concerning civil law.
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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 Circuit Courts Act is amended by changing | ||||||
| 5 | Section 4.3 as follows:
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| 6 | (705 ILCS 35/4.3)
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| 7 | Sec. 4.3. Witness fees.
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| 8 | (a) Every witness attending in
any county upon trials in | ||||||
| 9 | the
courts, except for actions arising under Article II of the | ||||||
| 10 | Juvenile Court Act of 1987, shall be entitled to receive the | ||||||
| 11 | sum of $20 for each
day's
attendance and $0.20 per mile each | ||||||
| 12 | way for necessary travel.
For
attending in a foreign county, | ||||||
| 13 | each day's travel shall constitute a day
of attendance. Every | ||||||
| 14 | person attending for the purpose of having his
deposition taken | ||||||
| 15 | shall receive the same per diem and mileage as provided
in this | ||||||
| 16 | Section for witnesses in circuit courts. No
allowance
or charge | ||||||
| 17 | shall be made, however, for the attendance of a witness unless
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| 18 | the witness makes an affidavit stating the number
of
days he or | ||||||
| 19 | she
actually attended, and that attendance was at the instance | ||||||
| 20 | of one
or both of the parties or his or her attorney.
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| 21 | (b) In a criminal case or action arising under Article II | ||||||
| 22 | of the Juvenile Court Act of 1987 in which a
witness is | ||||||
| 23 | required to attend from a foreign county or state,
either | ||||||
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| 1 | before the grand jury or at the trial of the cause in the | ||||||
| 2 | court,
the witness shall receive the same per diem and mileage | ||||||
| 3 | as
provided in this Section for
witnesses in circuit courts to | ||||||
| 4 | be paid out of the county treasury of the
county where the | ||||||
| 5 | crime was committed or the case under Article II of the | ||||||
| 6 | Juvenile Court Act of 1987 is filed on the certificate of the | ||||||
| 7 | clerk of
the court where the trial is being had if the witness | ||||||
| 8 | makes an affidavit stating (i) the distance traveled,
(ii) that | ||||||
| 9 | it was the usually traveled and
most direct route, (iii) the | ||||||
| 10 | number of days' actual travel and
attendance,
and (iv) that | ||||||
| 11 | attendance was at the instance of the State's
Attorney or
the | ||||||
| 12 | accused, or his or her attorney or, in the case of an action | ||||||
| 13 | filed under Article II of the Juvenile Court Act of 1987, at | ||||||
| 14 | the instance of the State's Attorney or attorney of any other | ||||||
| 15 | party to the action. To the affidavit shall be
added the | ||||||
| 16 | certificate of
the judge that the amount is reasonable and that | ||||||
| 17 | the witness was a
material
witness in the court or before the | ||||||
| 18 | grand jury.
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| 19 | (Source: P.A. 89-233, eff. 1-1-96.)
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| 20 | Section 99. Effective date. This Act takes effect upon | ||||||
| 21 | becoming law.
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