94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2472

 

Introduced 1/18/2006, by Sen. John J. Millner

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 105/16   from Ch. 25, par. 16

    Amends the Clerk of Courts Act. Provides that a circuit clerk shall impound any document relating to child support that contains a social security number.


LRB094 17762 AJO 53061 b

 

 

A BILL FOR

 

SB2472 LRB094 17762 AJO 53061 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Clerks of Courts Act is amended by changing
5 Section 16 as follows:
 
6     (705 ILCS 105/16)  (from Ch. 25, par. 16)
7     Sec. 16. Records kept by the clerks of the circuit courts
8 are subject to the provisions of "The Local Records Act",
9 approved August 18, 1961, as amended.
10     (a) Unless otherwise provided by rule or administrative
11 order of the Supreme Court, the respective clerks of the
12 circuit courts shall keep in their offices the following books:
13     1. A general docket, upon which shall be entered all suits,
14 in the order in which they are commenced.
15     2. Two well-bound books, to be denominated "Plaintiff's
16 Index to Court Records," and "Defendant's Index to Court
17 Records" to be ruled and printed substantially in the following
18 manner:
19.......
20PlaintiffsDefendantsKind ofDateRecordPages
21ActionCommencedBook
22.......
23......
24........
25Date ofJudgment
26judgmentdocket
27.......
28Book Page
29.......
30CertificateSatisfied
31CertificateCertificateofor notNumber
32of levyof saleredemptionsatisfied of case

 

 

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1........
2Fee BookBook PageBook PageBook Page
3.......
4     All cases shall be entered in such books, in alphabetical
5 order, by the name of each plaintiff and defendant. The books
6 shall set forth the names of the parties, kind of action, date
7 commenced, the record books and pages on which the cases are
8 recorded, the date of judgment, books and pages of the judgment
9 dockets, fee book, certificates of levy, sale and redemption
10 records on which they are entered satisfied or not satisfied,
11 and number of case. The defendant's index shall be ruled and
12 printed in the same manner as the plaintiff's except the
13 parties shall be reversed.
14     3. Proper books of record, with indices, showing the names
15 of all parties to any action or judgment therein recorded, with
16 a reference to the page where it is recorded.
17     4. A judgment docket, in which all final judgments (except
18 child support orders as hereinafter provided) shall be minuted
19 at the time they are entered, or within 60 days thereafter in
20 alphabetical order, by the name of every person against whom
21 the judgment is entered, showing, in the proper columns ruled
22 for that purpose, the names of the parties, the date, nature of
23 the judgment, amount of the judgment and costs in separate
24 items, for which it is issued, to whom issued, when returned,
25 and the manner of its enforcement; a blank column shall be kept
26 in which may be entered a note of the satisfaction or other
27 disposition of the judgment or order and when satisfied by
28 enforcement or otherwise, or set aside or enjoined; the clerk
29 shall enter a minute thereof in such column, showing how
30 disposed of, the date and the book and page, where the evidence
31 thereof is to be found. In the case of child support orders or
32 modifications of such orders entered on or after May 1, 1987,
33 the clerk shall minute such orders or modifications in the
34 manner and form provided herein but shall not minute every
35 child support installment when due or every child support
36 payment when made. Such dockets may be searched by persons, at

 

 

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1 all reasonable times without fee.
2     5. A fee book, in which shall be distinctly set down, in
3 items, the proper title of the cause and heads, the cost of
4 each action, including clerk's, sheriff's and witness' fees,
5 stating the name of each witness having claimed attendance in
6 respect of the trial or hearing of such action with the number
7 of days attended. It shall not be necessary to insert the cost
8 in the judgment; but whenever an action is determined and final
9 judgment entered, the costs of each party litigant shall be
10 made up and entered in such fee book, which shall be considered
11 a part of the record and judgment, subject, however, at all
12 times to be corrected by the court; and the prevailing party
13 shall be considered as having recovered judgment for the amount
14 of the costs so taxed in his or her favor, and the same shall be
15 included in the certified copy of such judgment, and a bill
16 thereof accompanying certified copy of the judgment. If any
17 clerk shall issue a fee bill or a bill of costs, with the
18 certified copy of the judgment without first entering the same
19 in the fee book, or if any such bill of costs or fee bill shall
20 be issued which shall not be in substance a copy of the
21 recorded bill, the same shall be void. Any person having paid
22 such bill of costs or fee bill, may recover from the clerk the
23 amount thereof, with costs of the action, in any circuit court.
24     6. Such other books of record and entry as are provided by
25 law, or may be required in the proper performance of their
26 duties. All records, dockets and books required by law to be
27 kept by such clerks shall be deemed public records, and shall
28 at all times be open to inspection without fee or reward, and
29 all persons shall have free access for inspection and
30 examination to such records, docket and books, and also to all
31 papers on file in the different clerks' offices and shall have
32 the right to take memoranda and abstracts thereto.
33     (b) Except as otherwise provided by rule or administrative
34 order of the Supreme Court or federal regulation or rule, the
35 circuit court clerk record entitled "Child Support Data Sheet"
36 and similar documents containing a social security number of

 

 

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1 the obligor or noncustodial parent, the obligee or custodial
2 parent, or the child that is required for purposes of
3 establishing child support or maintenance under the Illinois
4 Marriage and Dissolution of Marriage Act, the Illinois
5 Parentage Act, or the Illinois Parentage Act of 1984 shall be
6 impounded except as to the parties, attorneys of record,
7 circuit court clerk personnel, State's attorney personnel, law
8 enforcement, and other persons deemed interested by the court.
9 The document shall not be deemed a public record at all times
10 open to inspection.
11 (Source: P.A. 85-1156.)