99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4010

 

Introduced , by Rep. Christian L. Mitchell

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates a new regulatory offense classification of offense, which is not to be considered a criminal offense and is fine only for the amount specified in the offense. Amends the Cannabis Control Act. Provides that the knowing possession of not more than 30 grams of any substance containing cannabis is a regulatory offense charged by a Uniform Cannabis Ticket with a fine of $100 (rather than a Class C misdemeanor for 2.5 grams or less, a Class B misdemeanor for more than 2.5 grams to 10 grams, and a Class A misdemeanor for more than 10 grams to 30 grams). Amends the Clerks of Courts Act. Provides the same court cost on a Uniform Cannabis Ticket as a minor traffic ticket. Requires the clerk of the court to seek a sealing order from the court for records related to a Uniform Cannabis Ticket upon the final disposition of the case. Provides for distribution of fines collected on a Uniform Cannabis Ticket. Amends various other Acts to make conforming changes.


LRB099 11225 RLC 31759 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4010LRB099 11225 RLC 31759 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Identification Act is amended by
5changing Sections 5 and 5.2 as follows:
 
6    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)
7    Sec. 5. Arrest reports. All policing bodies of this State
8shall furnish to the Department, daily, in the form and detail
9the Department requires, fingerprints, descriptions, and
10ethnic and racial background data as provided in Section 4.5 of
11this Act of all persons who are arrested on charges of
12violating any penal statute of this State for offenses that are
13classified as felonies and Class A or B misdemeanors and of all
14minors of the age of 10 and over who have been arrested for an
15offense which would be a felony if committed by an adult, and
16may forward such fingerprints and descriptions for minors
17arrested for Class A or B misdemeanors. An offense classified
18as a regulatory offense, as defined in the Unified Code of
19Corrections, shall not be reported. Moving or nonmoving traffic
20violations under the Illinois Vehicle Code shall not be
21reported except for violations of Chapter 4, Section 11-204.1,
22or Section 11-501 of that Code. In addition, conservation
23offenses, as defined in the Supreme Court Rule 501(c), that are

 

 

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1classified as Class B misdemeanors shall not be reported. Those
2law enforcement records maintained by the Department for minors
3arrested for an offense prior to their 17th birthday, or minors
4arrested for a non-felony offense, if committed by an adult,
5prior to their 18th birthday, shall not be forwarded to the
6Federal Bureau of Investigation unless those records relate to
7an arrest in which a minor was charged as an adult under any of
8the transfer provisions of the Juvenile Court Act of 1987.
9(Source: P.A. 98-528, eff. 1-1-15.)
 
10    (20 ILCS 2630/5.2)
11    Sec. 5.2. Expungement and sealing.
12    (a) General Provisions.
13        (1) Definitions. In this Act, words and phrases have
14    the meanings set forth in this subsection, except when a
15    particular context clearly requires a different meaning.
16            (A) The following terms shall have the meanings
17        ascribed to them in the Unified Code of Corrections,
18        730 ILCS 5/5-1-2 through 5/5-1-22:
19                (i) Business Offense (730 ILCS 5/5-1-2),
20                (ii) Charge (730 ILCS 5/5-1-3),
21                (iii) Court (730 ILCS 5/5-1-6),
22                (iv) Defendant (730 ILCS 5/5-1-7),
23                (v) Felony (730 ILCS 5/5-1-9),
24                (vi) Imprisonment (730 ILCS 5/5-1-10),
25                (vii) Judgment (730 ILCS 5/5-1-12),

 

 

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1                (viii) Misdemeanor (730 ILCS 5/5-1-14),
2                (ix) Offense (730 ILCS 5/5-1-15),
3                (x) Parole (730 ILCS 5/5-1-16),
4                (xi) Petty Offense (730 ILCS 5/5-1-17),
5                (xii) Probation (730 ILCS 5/5-1-18),
6                (xii-1) Regulatory offense (730 ILCS
7            5/5-1-18.1-1),
8                (xiii) Sentence (730 ILCS 5/5-1-19),
9                (xiv) Supervision (730 ILCS 5/5-1-21), and
10                (xv) Victim (730 ILCS 5/5-1-22).
11            (B) As used in this Section, "charge not initiated
12        by arrest" means a charge (as defined by 730 ILCS
13        5/5-1-3) brought against a defendant where the
14        defendant is not arrested prior to or as a direct
15        result of the charge.
16            (C) "Conviction" means a judgment of conviction or
17        sentence entered upon a plea of guilty or upon a
18        verdict or finding of guilty of an offense, rendered by
19        a legally constituted jury or by a court of competent
20        jurisdiction authorized to try the case without a jury.
21        An order of supervision successfully completed by the
22        petitioner is not a conviction. An order of qualified
23        probation (as defined in subsection (a)(1)(J))
24        successfully completed by the petitioner is not a
25        conviction. An order of supervision or an order of
26        qualified probation that is terminated

 

 

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1        unsatisfactorily is a conviction, unless the
2        unsatisfactory termination is reversed, vacated, or
3        modified and the judgment of conviction, if any, is
4        reversed or vacated.
5            (D) "Criminal offense" means a petty offense,
6        business offense, misdemeanor, felony, or municipal
7        ordinance violation (as defined in subsection
8        (a)(1)(H)). As used in this Section, a minor traffic
9        offense (as defined in subsection (a)(1)(G)) and a
10        regulatory offense shall not be considered a criminal
11        offense.
12            (E) "Expunge" means to physically destroy the
13        records or return them to the petitioner and to
14        obliterate the petitioner's name from any official
15        index or public record, or both. Nothing in this Act
16        shall require the physical destruction of the circuit
17        court file, but such records relating to arrests or
18        charges, or both, ordered expunged shall be impounded
19        as required by subsections (d)(9)(A)(ii) and
20        (d)(9)(B)(ii).
21            (F) As used in this Section, "last sentence" means
22        the sentence, order of supervision, or order of
23        qualified probation (as defined by subsection
24        (a)(1)(J)), for a criminal offense (as defined by
25        subsection (a)(1)(D)) that terminates last in time in
26        any jurisdiction, regardless of whether the petitioner

 

 

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1        has included the criminal offense for which the
2        sentence or order of supervision or qualified
3        probation was imposed in his or her petition. If
4        multiple sentences, orders of supervision, or orders
5        of qualified probation terminate on the same day and
6        are last in time, they shall be collectively considered
7        the "last sentence" regardless of whether they were
8        ordered to run concurrently.
9            (G) "Minor traffic offense" means a petty offense,
10        business offense, or Class C misdemeanor under the
11        Illinois Vehicle Code or a similar provision of a
12        municipal or local ordinance.
13            (H) "Municipal ordinance violation" means an
14        offense defined by a municipal or local ordinance that
15        is criminal in nature and with which the petitioner was
16        charged or for which the petitioner was arrested and
17        released without charging.
18            (I) "Petitioner" means an adult or a minor
19        prosecuted as an adult who has applied for relief under
20        this Section.
21            (J) "Qualified probation" means an order of
22        probation under Section 10 of the Cannabis Control Act,
23        Section 410 of the Illinois Controlled Substances Act,
24        Section 70 of the Methamphetamine Control and
25        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
26        of the Unified Code of Corrections, Section

 

 

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1        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
2        those provisions existed before their deletion by
3        Public Act 89-313), Section 10-102 of the Illinois
4        Alcoholism and Other Drug Dependency Act, Section
5        40-10 of the Alcoholism and Other Drug Abuse and
6        Dependency Act, or Section 10 of the Steroid Control
7        Act. For the purpose of this Section, "successful
8        completion" of an order of qualified probation under
9        Section 10-102 of the Illinois Alcoholism and Other
10        Drug Dependency Act and Section 40-10 of the Alcoholism
11        and Other Drug Abuse and Dependency Act means that the
12        probation was terminated satisfactorily and the
13        judgment of conviction was vacated.
14            (K) "Seal" means to physically and electronically
15        maintain the records, unless the records would
16        otherwise be destroyed due to age, but to make the
17        records unavailable without a court order, subject to
18        the exceptions in Sections 12 and 13 of this Act. The
19        petitioner's name shall also be obliterated from the
20        official index required to be kept by the circuit court
21        clerk under Section 16 of the Clerks of Courts Act, but
22        any index issued by the circuit court clerk before the
23        entry of the order to seal shall not be affected.
24            (L) "Sexual offense committed against a minor"
25        includes but is not limited to the offenses of indecent
26        solicitation of a child or criminal sexual abuse when

 

 

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1        the victim of such offense is under 18 years of age.
2            (M) "Terminate" as it relates to a sentence or
3        order of supervision or qualified probation includes
4        either satisfactory or unsatisfactory termination of
5        the sentence, unless otherwise specified in this
6        Section.
7        (2) Minor Traffic Offenses. Orders of supervision or
8    convictions for minor traffic offenses shall not affect a
9    petitioner's eligibility to expunge or seal records
10    pursuant to this Section.
11        (2.5) Regulatory Offenses. Convictions or pleas of
12    guilty for regulatory offenses shall not affect a
13    petitioner's eligibility to expunge or seal records under
14    this Section.
15        (3) Exclusions. Except as otherwise provided in
16    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
17    of this Section, the court shall not order:
18            (A) the sealing or expungement of the records of
19        arrests or charges not initiated by arrest that result
20        in an order of supervision for or conviction of: (i)
21        any sexual offense committed against a minor; (ii)
22        Section 11-501 of the Illinois Vehicle Code or a
23        similar provision of a local ordinance; or (iii)
24        Section 11-503 of the Illinois Vehicle Code or a
25        similar provision of a local ordinance, unless the
26        arrest or charge is for a misdemeanor violation of

 

 

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1        subsection (a) of Section 11-503 or a similar provision
2        of a local ordinance, that occurred prior to the
3        offender reaching the age of 25 years and the offender
4        has no other conviction for violating Section 11-501 or
5        11-503 of the Illinois Vehicle Code or a similar
6        provision of a local ordinance.
7            (B) the sealing or expungement of records of minor
8        traffic offenses (as defined in subsection (a)(1)(G)),
9        unless the petitioner was arrested and released
10        without charging.
11            (C) the sealing of the records of arrests or
12        charges not initiated by arrest which result in an
13        order of supervision or a conviction for the following
14        offenses:
15                (i) offenses included in Article 11 of the
16            Criminal Code of 1961 or the Criminal Code of 2012
17            or a similar provision of a local ordinance, except
18            Section 11-14 of the Criminal Code of 1961 or the
19            Criminal Code of 2012, or a similar provision of a
20            local ordinance;
21                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
22            26-5, or 48-1 of the Criminal Code of 1961 or the
23            Criminal Code of 2012, or a similar provision of a
24            local ordinance;
25                (iii) Sections 12-3.1 or 12-3.2 of the
26            Criminal Code of 1961 or the Criminal Code of 2012,

 

 

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1            or Section 125 of the Stalking No Contact Order
2            Act, or Section 219 of the Civil No Contact Order
3            Act, or a similar provision of a local ordinance;
4                (iv) offenses which are Class A misdemeanors
5            under the Humane Care for Animals Act; or
6                (v) any offense or attempted offense that
7            would subject a person to registration under the
8            Sex Offender Registration Act.
9            (D) the sealing of the records of an arrest which
10        results in the petitioner being charged with a felony
11        offense or records of a charge not initiated by arrest
12        for a felony offense unless:
13                (i) the charge is amended to a misdemeanor and
14            is otherwise eligible to be sealed pursuant to
15            subsection (c);
16                (ii) the charge is brought along with another
17            charge as a part of one case and the charge results
18            in acquittal, dismissal, or conviction when the
19            conviction was reversed or vacated, and another
20            charge brought in the same case results in a
21            disposition for a misdemeanor offense that is
22            eligible to be sealed pursuant to subsection (c) or
23            a disposition listed in paragraph (i), (iii), or
24            (iv) of this subsection;
25                (iii) the charge results in first offender
26            probation as set forth in subsection (c)(2)(E);

 

 

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1                (iv) the charge is for a felony offense listed
2            in subsection (c)(2)(F) or the charge is amended to
3            a felony offense listed in subsection (c)(2)(F);
4                (v) the charge results in acquittal,
5            dismissal, or the petitioner's release without
6            conviction; or
7                (vi) the charge results in a conviction, but
8            the conviction was reversed or vacated.
9    (b) Expungement.
10        (1) A petitioner may petition the circuit court to
11    expunge the records of his or her arrests and charges not
12    initiated by arrest when:
13            (A) He or she has never been convicted of a
14        criminal offense; and
15            (B) Each arrest or charge not initiated by arrest
16        sought to be expunged resulted in: (i) acquittal,
17        dismissal, or the petitioner's release without
18        charging, unless excluded by subsection (a)(3)(B);
19        (ii) a conviction which was vacated or reversed, unless
20        excluded by subsection (a)(3)(B); (iii) an order of
21        supervision and such supervision was successfully
22        completed by the petitioner, unless excluded by
23        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
24        qualified probation (as defined in subsection
25        (a)(1)(J)) and such probation was successfully
26        completed by the petitioner.

 

 

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1        (2) Time frame for filing a petition to expunge.
2            (A) When the arrest or charge not initiated by
3        arrest sought to be expunged resulted in an acquittal,
4        dismissal, the petitioner's release without charging,
5        or the reversal or vacation of a conviction, there is
6        no waiting period to petition for the expungement of
7        such records.
8            (B) When the arrest or charge not initiated by
9        arrest sought to be expunged resulted in an order of
10        supervision, successfully completed by the petitioner,
11        the following time frames will apply:
12                (i) Those arrests or charges that resulted in
13            orders of supervision under Section 3-707, 3-708,
14            3-710, or 5-401.3 of the Illinois Vehicle Code or a
15            similar provision of a local ordinance, or under
16            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
17            Code of 1961 or the Criminal Code of 2012, or a
18            similar provision of a local ordinance, shall not
19            be eligible for expungement until 5 years have
20            passed following the satisfactory termination of
21            the supervision.
22                (i-5) Those arrests or charges that resulted
23            in orders of supervision for a misdemeanor
24            violation of subsection (a) of Section 11-503 of
25            the Illinois Vehicle Code or a similar provision of
26            a local ordinance, that occurred prior to the

 

 

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1            offender reaching the age of 25 years and the
2            offender has no other conviction for violating
3            Section 11-501 or 11-503 of the Illinois Vehicle
4            Code or a similar provision of a local ordinance
5            shall not be eligible for expungement until the
6            petitioner has reached the age of 25 years.
7                (ii) Those arrests or charges that resulted in
8            orders of supervision for any other offenses shall
9            not be eligible for expungement until 2 years have
10            passed following the satisfactory termination of
11            the supervision.
12            (C) When the arrest or charge not initiated by
13        arrest sought to be expunged resulted in an order of
14        qualified probation, successfully completed by the
15        petitioner, such records shall not be eligible for
16        expungement until 5 years have passed following the
17        satisfactory termination of the probation.
18        (3) Those records maintained by the Department for
19    persons arrested prior to their 17th birthday shall be
20    expunged as provided in Section 5-915 of the Juvenile Court
21    Act of 1987.
22        (4) Whenever a person has been arrested for or
23    convicted of any offense, in the name of a person whose
24    identity he or she has stolen or otherwise come into
25    possession of, the aggrieved person from whom the identity
26    was stolen or otherwise obtained without authorization,

 

 

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1    upon learning of the person having been arrested using his
2    or her identity, may, upon verified petition to the chief
3    judge of the circuit wherein the arrest was made, have a
4    court order entered nunc pro tunc by the Chief Judge to
5    correct the arrest record, conviction record, if any, and
6    all official records of the arresting authority, the
7    Department, other criminal justice agencies, the
8    prosecutor, and the trial court concerning such arrest, if
9    any, by removing his or her name from all such records in
10    connection with the arrest and conviction, if any, and by
11    inserting in the records the name of the offender, if known
12    or ascertainable, in lieu of the aggrieved's name. The
13    records of the circuit court clerk shall be sealed until
14    further order of the court upon good cause shown and the
15    name of the aggrieved person obliterated on the official
16    index required to be kept by the circuit court clerk under
17    Section 16 of the Clerks of Courts Act, but the order shall
18    not affect any index issued by the circuit court clerk
19    before the entry of the order. Nothing in this Section
20    shall limit the Department of State Police or other
21    criminal justice agencies or prosecutors from listing
22    under an offender's name the false names he or she has
23    used.
24        (5) Whenever a person has been convicted of criminal
25    sexual assault, aggravated criminal sexual assault,
26    predatory criminal sexual assault of a child, criminal

 

 

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1    sexual abuse, or aggravated criminal sexual abuse, the
2    victim of that offense may request that the State's
3    Attorney of the county in which the conviction occurred
4    file a verified petition with the presiding trial judge at
5    the petitioner's trial to have a court order entered to
6    seal the records of the circuit court clerk in connection
7    with the proceedings of the trial court concerning that
8    offense. However, the records of the arresting authority
9    and the Department of State Police concerning the offense
10    shall not be sealed. The court, upon good cause shown,
11    shall make the records of the circuit court clerk in
12    connection with the proceedings of the trial court
13    concerning the offense available for public inspection.
14        (6) If a conviction has been set aside on direct review
15    or on collateral attack and the court determines by clear
16    and convincing evidence that the petitioner was factually
17    innocent of the charge, the court that finds the petitioner
18    factually innocent of the charge shall enter an expungement
19    order for the conviction for which the petitioner has been
20    determined to be innocent as provided in subsection (b) of
21    Section 5-5-4 of the Unified Code of Corrections.
22        (7) Nothing in this Section shall prevent the
23    Department of State Police from maintaining all records of
24    any person who is admitted to probation upon terms and
25    conditions and who fulfills those terms and conditions
26    pursuant to Section 10 of the Cannabis Control Act, Section

 

 

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1    410 of the Illinois Controlled Substances Act, Section 70
2    of the Methamphetamine Control and Community Protection
3    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
4    Corrections, Section 12-4.3 or subdivision (b)(1) of
5    Section 12-3.05 of the Criminal Code of 1961 or the
6    Criminal Code of 2012, Section 10-102 of the Illinois
7    Alcoholism and Other Drug Dependency Act, Section 40-10 of
8    the Alcoholism and Other Drug Abuse and Dependency Act, or
9    Section 10 of the Steroid Control Act.
10        (8) If the petitioner has been granted a certificate of
11    innocence under Section 2-702 of the Code of Civil
12    Procedure, the court that grants the certificate of
13    innocence shall also enter an order expunging the
14    conviction for which the petitioner has been determined to
15    be innocent as provided in subsection (h) of Section 2-702
16    of the Code of Civil Procedure.
17    (c) Sealing.
18        (1) Applicability. Notwithstanding any other provision
19    of this Act to the contrary, and cumulative with any rights
20    to expungement of criminal records, this subsection
21    authorizes the sealing of criminal records of adults and of
22    minors prosecuted as adults.
23        (2) Eligible Records. The following records may be
24    sealed:
25            (A) All arrests resulting in release without
26        charging;

 

 

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1            (B) Arrests or charges not initiated by arrest
2        resulting in acquittal, dismissal, or conviction when
3        the conviction was reversed or vacated, except as
4        excluded by subsection (a)(3)(B);
5            (C) Arrests or charges not initiated by arrest
6        resulting in orders of supervision, including orders
7        of supervision for municipal ordinance violations,
8        successfully completed by the petitioner, unless
9        excluded by subsection (a)(3);
10            (D) Arrests or charges not initiated by arrest
11        resulting in convictions, including convictions on
12        municipal ordinance violations, unless excluded by
13        subsection (a)(3);
14            (E) Arrests or charges not initiated by arrest
15        resulting in orders of first offender probation under
16        Section 10 of the Cannabis Control Act, Section 410 of
17        the Illinois Controlled Substances Act, Section 70 of
18        the Methamphetamine Control and Community Protection
19        Act, or Section 5-6-3.3 of the Unified Code of
20        Corrections; and
21            (F) Arrests or charges not initiated by arrest
22        resulting in felony convictions for the following
23        offenses:
24                (i) Class 4 felony convictions for:
25                    Prostitution under Section 11-14 of the
26                Criminal Code of 1961 or the Criminal Code of

 

 

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1                2012.
2                    Possession of cannabis under Section 4 of
3                the Cannabis Control Act.
4                    Possession of a controlled substance under
5                Section 402 of the Illinois Controlled
6                Substances Act.
7                    Offenses under the Methamphetamine
8                Precursor Control Act.
9                    Offenses under the Steroid Control Act.
10                    Theft under Section 16-1 of the Criminal
11                Code of 1961 or the Criminal Code of 2012.
12                    Retail theft under Section 16A-3 or
13                paragraph (a) of 16-25 of the Criminal Code of
14                1961 or the Criminal Code of 2012.
15                    Deceptive practices under Section 17-1 of
16                the Criminal Code of 1961 or the Criminal Code
17                of 2012.
18                    Forgery under Section 17-3 of the Criminal
19                Code of 1961 or the Criminal Code of 2012.
20                    Possession of burglary tools under Section
21                19-2 of the Criminal Code of 1961 or the
22                Criminal Code of 2012.
23            (ii) Class 3 felony convictions for:
24                    Theft under Section 16-1 of the Criminal
25                Code of 1961 or the Criminal Code of 2012.
26                    Retail theft under Section 16A-3 or

 

 

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1                paragraph (a) of 16-25 of the Criminal Code of
2                1961 or the Criminal Code of 2012.
3                    Deceptive practices under Section 17-1 of
4                the Criminal Code of 1961 or the Criminal Code
5                of 2012.
6                    Forgery under Section 17-3 of the Criminal
7                Code of 1961 or the Criminal Code of 2012.
8                    Possession with intent to manufacture or
9                deliver a controlled substance under Section
10                401 of the Illinois Controlled Substances Act.
11        (3) When Records Are Eligible to Be Sealed. Records
12    identified as eligible under subsection (c)(2) may be
13    sealed as follows:
14            (A) Records identified as eligible under
15        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
16        time.
17            (B) Records identified as eligible under
18        subsection (c)(2)(C) may be sealed (i) 3 years after
19        the termination of petitioner's last sentence (as
20        defined in subsection (a)(1)(F)) if the petitioner has
21        never been convicted of a criminal offense (as defined
22        in subsection (a)(1)(D)); or (ii) 4 years after the
23        termination of the petitioner's last sentence (as
24        defined in subsection (a)(1)(F)) if the petitioner has
25        ever been convicted of a criminal offense (as defined
26        in subsection (a)(1)(D)).

 

 

HB4010- 19 -LRB099 11225 RLC 31759 b

1            (C) Records identified as eligible under
2        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
3        sealed 4 years after the termination of the
4        petitioner's last sentence (as defined in subsection
5        (a)(1)(F)).
6            (D) Records identified in subsection
7        (a)(3)(A)(iii) may be sealed after the petitioner has
8        reached the age of 25 years.
9        (4) Subsequent felony convictions. A person may not
10    have subsequent felony conviction records sealed as
11    provided in this subsection (c) if he or she is convicted
12    of any felony offense after the date of the sealing of
13    prior felony convictions as provided in this subsection
14    (c). The court may, upon conviction for a subsequent felony
15    offense, order the unsealing of prior felony conviction
16    records previously ordered sealed by the court.
17        (5) Notice of eligibility for sealing. Upon entry of a
18    disposition for an eligible record under this subsection
19    (c), the petitioner shall be informed by the court of the
20    right to have the records sealed and the procedures for the
21    sealing of the records.
22    (d) Procedure. The following procedures apply to
23expungement under subsections (b), (e), and (e-6) and sealing
24under subsections (c) and (e-5):
25        (1) Filing the petition. Upon becoming eligible to
26    petition for the expungement or sealing of records under

 

 

HB4010- 20 -LRB099 11225 RLC 31759 b

1    this Section, the petitioner shall file a petition
2    requesting the expungement or sealing of records with the
3    clerk of the court where the arrests occurred or the
4    charges were brought, or both. If arrests occurred or
5    charges were brought in multiple jurisdictions, a petition
6    must be filed in each such jurisdiction. The petitioner
7    shall pay the applicable fee, if not waived.
8        (2) Contents of petition. The petition shall be
9    verified and shall contain the petitioner's name, date of
10    birth, current address and, for each arrest or charge not
11    initiated by arrest sought to be sealed or expunged, the
12    case number, the date of arrest (if any), the identity of
13    the arresting authority, and such other information as the
14    court may require. During the pendency of the proceeding,
15    the petitioner shall promptly notify the circuit court
16    clerk of any change of his or her address. If the
17    petitioner has received a certificate of eligibility for
18    sealing from the Prisoner Review Board under paragraph (10)
19    of subsection (a) of Section 3-3-2 of the Unified Code of
20    Corrections, the certificate shall be attached to the
21    petition.
22        (3) Drug test. The petitioner must attach to the
23    petition proof that the petitioner has passed a test taken
24    within 30 days before the filing of the petition showing
25    the absence within his or her body of all illegal
26    substances as defined by the Illinois Controlled

 

 

HB4010- 21 -LRB099 11225 RLC 31759 b

1    Substances Act, the Methamphetamine Control and Community
2    Protection Act, and the Cannabis Control Act if he or she
3    is petitioning to:
4            (A) seal felony records under clause (c)(2)(E);
5            (B) seal felony records for a violation of the
6        Illinois Controlled Substances Act, the
7        Methamphetamine Control and Community Protection Act,
8        or the Cannabis Control Act under clause (c)(2)(F);
9            (C) seal felony records under subsection (e-5); or
10            (D) expunge felony records of a qualified
11        probation under clause (b)(1)(B)(iv).
12        (4) Service of petition. The circuit court clerk shall
13    promptly serve a copy of the petition and documentation to
14    support the petition under subsection (e-5) or (e-6) on the
15    State's Attorney or prosecutor charged with the duty of
16    prosecuting the offense, the Department of State Police,
17    the arresting agency and the chief legal officer of the
18    unit of local government effecting the arrest.
19        (5) Objections.
20            (A) Any party entitled to notice of the petition
21        may file an objection to the petition. All objections
22        shall be in writing, shall be filed with the circuit
23        court clerk, and shall state with specificity the basis
24        of the objection. Whenever a person who has been
25        convicted of an offense is granted a pardon by the
26        Governor which specifically authorizes expungement, an

 

 

HB4010- 22 -LRB099 11225 RLC 31759 b

1        objection to the petition may not be filed.
2            (B) Objections to a petition to expunge or seal
3        must be filed within 60 days of the date of service of
4        the petition.
5        (6) Entry of order.
6            (A) The Chief Judge of the circuit wherein the
7        charge was brought, any judge of that circuit
8        designated by the Chief Judge, or in counties of less
9        than 3,000,000 inhabitants, the presiding trial judge
10        at the petitioner's trial, if any, shall rule on the
11        petition to expunge or seal as set forth in this
12        subsection (d)(6).
13            (B) Unless the State's Attorney or prosecutor, the
14        Department of State Police, the arresting agency, or
15        the chief legal officer files an objection to the
16        petition to expunge or seal within 60 days from the
17        date of service of the petition, the court shall enter
18        an order granting or denying the petition.
19        (7) Hearings. If an objection is filed, the court shall
20    set a date for a hearing and notify the petitioner and all
21    parties entitled to notice of the petition of the hearing
22    date at least 30 days prior to the hearing. Prior to the
23    hearing, the State's Attorney shall consult with the
24    Department as to the appropriateness of the relief sought
25    in the petition to expunge or seal. At the hearing, the
26    court shall hear evidence on whether the petition should or

 

 

HB4010- 23 -LRB099 11225 RLC 31759 b

1    should not be granted, and shall grant or deny the petition
2    to expunge or seal the records based on the evidence
3    presented at the hearing. The court may consider the
4    following:
5            (A) the strength of the evidence supporting the
6        defendant's conviction;
7            (B) the reasons for retention of the conviction
8        records by the State;
9            (C) the petitioner's age, criminal record history,
10        and employment history;
11            (D) the period of time between the petitioner's
12        arrest on the charge resulting in the conviction and
13        the filing of the petition under this Section; and
14            (E) the specific adverse consequences the
15        petitioner may be subject to if the petition is denied.
16        (8) Service of order. After entering an order to
17    expunge or seal records, the court must provide copies of
18    the order to the Department, in a form and manner
19    prescribed by the Department, to the petitioner, to the
20    State's Attorney or prosecutor charged with the duty of
21    prosecuting the offense, to the arresting agency, to the
22    chief legal officer of the unit of local government
23    effecting the arrest, and to such other criminal justice
24    agencies as may be ordered by the court.
25        (9) Implementation of order.
26            (A) Upon entry of an order to expunge records

 

 

HB4010- 24 -LRB099 11225 RLC 31759 b

1        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
2                (i) the records shall be expunged (as defined
3            in subsection (a)(1)(E)) by the arresting agency,
4            the Department, and any other agency as ordered by
5            the court, within 60 days of the date of service of
6            the order, unless a motion to vacate, modify, or
7            reconsider the order is filed pursuant to
8            paragraph (12) of subsection (d) of this Section;
9                (ii) the records of the circuit court clerk
10            shall be impounded until further order of the court
11            upon good cause shown and the name of the
12            petitioner obliterated on the official index
13            required to be kept by the circuit court clerk
14            under Section 16 of the Clerks of Courts Act, but
15            the order shall not affect any index issued by the
16            circuit court clerk before the entry of the order;
17            and
18                (iii) in response to an inquiry for expunged
19            records, the court, the Department, or the agency
20            receiving such inquiry, shall reply as it does in
21            response to inquiries when no records ever
22            existed.
23            (B) Upon entry of an order to expunge records
24        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
25                (i) the records shall be expunged (as defined
26            in subsection (a)(1)(E)) by the arresting agency

 

 

HB4010- 25 -LRB099 11225 RLC 31759 b

1            and any other agency as ordered by the court,
2            within 60 days of the date of service of the order,
3            unless a motion to vacate, modify, or reconsider
4            the order is filed pursuant to paragraph (12) of
5            subsection (d) of this Section;
6                (ii) the records of the circuit court clerk
7            shall be impounded until further order of the court
8            upon good cause shown and the name of the
9            petitioner obliterated on the official index
10            required to be kept by the circuit court clerk
11            under Section 16 of the Clerks of Courts Act, but
12            the order shall not affect any index issued by the
13            circuit court clerk before the entry of the order;
14                (iii) the records shall be impounded by the
15            Department within 60 days of the date of service of
16            the order as ordered by the court, unless a motion
17            to vacate, modify, or reconsider the order is filed
18            pursuant to paragraph (12) of subsection (d) of
19            this Section;
20                (iv) records impounded by the Department may
21            be disseminated by the Department only as required
22            by law or to the arresting authority, the State's
23            Attorney, and the court upon a later arrest for the
24            same or a similar offense or for the purpose of
25            sentencing for any subsequent felony, and to the
26            Department of Corrections upon conviction for any

 

 

HB4010- 26 -LRB099 11225 RLC 31759 b

1            offense; and
2                (v) in response to an inquiry for such records
3            from anyone not authorized by law to access such
4            records, the court, the Department, or the agency
5            receiving such inquiry shall reply as it does in
6            response to inquiries when no records ever
7            existed.
8            (B-5) Upon entry of an order to expunge records
9        under subsection (e-6):
10                (i) the records shall be expunged (as defined
11            in subsection (a)(1)(E)) by the arresting agency
12            and any other agency as ordered by the court,
13            within 60 days of the date of service of the order,
14            unless a motion to vacate, modify, or reconsider
15            the order is filed under paragraph (12) of
16            subsection (d) of this Section;
17                (ii) the records of the circuit court clerk
18            shall be impounded until further order of the court
19            upon good cause shown and the name of the
20            petitioner obliterated on the official index
21            required to be kept by the circuit court clerk
22            under Section 16 of the Clerks of Courts Act, but
23            the order shall not affect any index issued by the
24            circuit court clerk before the entry of the order;
25                (iii) the records shall be impounded by the
26            Department within 60 days of the date of service of

 

 

HB4010- 27 -LRB099 11225 RLC 31759 b

1            the order as ordered by the court, unless a motion
2            to vacate, modify, or reconsider the order is filed
3            under paragraph (12) of subsection (d) of this
4            Section;
5                (iv) records impounded by the Department may
6            be disseminated by the Department only as required
7            by law or to the arresting authority, the State's
8            Attorney, and the court upon a later arrest for the
9            same or a similar offense or for the purpose of
10            sentencing for any subsequent felony, and to the
11            Department of Corrections upon conviction for any
12            offense; and
13                (v) in response to an inquiry for these records
14            from anyone not authorized by law to access the
15            records, the court, the Department, or the agency
16            receiving the inquiry shall reply as it does in
17            response to inquiries when no records ever
18            existed.
19            (C) Upon entry of an order to seal records under
20        subsection (c), the arresting agency, any other agency
21        as ordered by the court, the Department, and the court
22        shall seal the records (as defined in subsection
23        (a)(1)(K)). In response to an inquiry for such records
24        from anyone not authorized by law to access such
25        records, the court, the Department, or the agency
26        receiving such inquiry shall reply as it does in

 

 

HB4010- 28 -LRB099 11225 RLC 31759 b

1        response to inquiries when no records ever existed.
2            (D) The Department shall send written notice to the
3        petitioner of its compliance with each order to expunge
4        or seal records within 60 days of the date of service
5        of that order or, if a motion to vacate, modify, or
6        reconsider is filed, within 60 days of service of the
7        order resolving the motion, if that order requires the
8        Department to expunge or seal records. In the event of
9        an appeal from the circuit court order, the Department
10        shall send written notice to the petitioner of its
11        compliance with an Appellate Court or Supreme Court
12        judgment to expunge or seal records within 60 days of
13        the issuance of the court's mandate. The notice is not
14        required while any motion to vacate, modify, or
15        reconsider, or any appeal or petition for
16        discretionary appellate review, is pending.
17        (10) Fees. The Department may charge the petitioner a
18    fee equivalent to the cost of processing any order to
19    expunge or seal records. Notwithstanding any provision of
20    the Clerks of Courts Act to the contrary, the circuit court
21    clerk may charge a fee equivalent to the cost associated
22    with the sealing or expungement of records by the circuit
23    court clerk. From the total filing fee collected for the
24    petition to seal or expunge, the circuit court clerk shall
25    deposit $10 into the Circuit Court Clerk Operation and
26    Administrative Fund, to be used to offset the costs

 

 

HB4010- 29 -LRB099 11225 RLC 31759 b

1    incurred by the circuit court clerk in performing the
2    additional duties required to serve the petition to seal or
3    expunge on all parties. The circuit court clerk shall
4    collect and forward the Department of State Police portion
5    of the fee to the Department and it shall be deposited in
6    the State Police Services Fund.
7        (11) Final Order. No court order issued under the
8    expungement or sealing provisions of this Section shall
9    become final for purposes of appeal until 30 days after
10    service of the order on the petitioner and all parties
11    entitled to notice of the petition.
12        (12) Motion to Vacate, Modify, or Reconsider. Under
13    Section 2-1203 of the Code of Civil Procedure, the
14    petitioner or any party entitled to notice may file a
15    motion to vacate, modify, or reconsider the order granting
16    or denying the petition to expunge or seal within 60 days
17    of service of the order. If filed more than 60 days after
18    service of the order, a petition to vacate, modify, or
19    reconsider shall comply with subsection (c) of Section
20    2-1401 of the Code of Civil Procedure. Upon filing of a
21    motion to vacate, modify, or reconsider, notice of the
22    motion shall be served upon the petitioner and all parties
23    entitled to notice of the petition.
24        (13) Effect of Order. An order granting a petition
25    under the expungement or sealing provisions of this Section
26    shall not be considered void because it fails to comply

 

 

HB4010- 30 -LRB099 11225 RLC 31759 b

1    with the provisions of this Section or because of any error
2    asserted in a motion to vacate, modify, or reconsider. The
3    circuit court retains jurisdiction to determine whether
4    the order is voidable and to vacate, modify, or reconsider
5    its terms based on a motion filed under paragraph (12) of
6    this subsection (d).
7        (14) Compliance with Order Granting Petition to Seal
8    Records. Unless a court has entered a stay of an order
9    granting a petition to seal, all parties entitled to notice
10    of the petition must fully comply with the terms of the
11    order within 60 days of service of the order even if a
12    party is seeking relief from the order through a motion
13    filed under paragraph (12) of this subsection (d) or is
14    appealing the order.
15        (15) Compliance with Order Granting Petition to
16    Expunge Records. While a party is seeking relief from the
17    order granting the petition to expunge through a motion
18    filed under paragraph (12) of this subsection (d) or is
19    appealing the order, and unless a court has entered a stay
20    of that order, the parties entitled to notice of the
21    petition must seal, but need not expunge, the records until
22    there is a final order on the motion for relief or, in the
23    case of an appeal, the issuance of that court's mandate.
24        (16) The changes to this subsection (d) made by Public
25    Act 98-163 apply to all petitions pending on August 5, 2013
26    (the effective date of Public Act 98-163) and to all orders

 

 

HB4010- 31 -LRB099 11225 RLC 31759 b

1    ruling on a petition to expunge or seal on or after August
2    5, 2013 (the effective date of Public Act 98-163).
3    (e) Whenever a person who has been convicted of an offense
4is granted a pardon by the Governor which specifically
5authorizes expungement, he or she may, upon verified petition
6to the Chief Judge of the circuit where the person had been
7convicted, any judge of the circuit designated by the Chief
8Judge, or in counties of less than 3,000,000 inhabitants, the
9presiding trial judge at the defendant's trial, have a court
10order entered expunging the record of arrest from the official
11records of the arresting authority and order that the records
12of the circuit court clerk and the Department be sealed until
13further order of the court upon good cause shown or as
14otherwise provided herein, and the name of the defendant
15obliterated from the official index requested to be kept by the
16circuit court clerk under Section 16 of the Clerks of Courts
17Act in connection with the arrest and conviction for the
18offense for which he or she had been pardoned but the order
19shall not affect any index issued by the circuit court clerk
20before the entry of the order. All records sealed by the
21Department may be disseminated by the Department only to the
22arresting authority, the State's Attorney, and the court upon a
23later arrest for the same or similar offense or for the purpose
24of sentencing for any subsequent felony. Upon conviction for
25any subsequent offense, the Department of Corrections shall
26have access to all sealed records of the Department pertaining

 

 

HB4010- 32 -LRB099 11225 RLC 31759 b

1to that individual. Upon entry of the order of expungement, the
2circuit court clerk shall promptly mail a copy of the order to
3the person who was pardoned.
4    (e-5) Whenever a person who has been convicted of an
5offense is granted a certificate of eligibility for sealing by
6the Prisoner Review Board which specifically authorizes
7sealing, he or she may, upon verified petition to the Chief
8Judge of the circuit where the person had been convicted, any
9judge of the circuit designated by the Chief Judge, or in
10counties of less than 3,000,000 inhabitants, the presiding
11trial judge at the petitioner's trial, have a court order
12entered sealing the record of arrest from the official records
13of the arresting authority and order that the records of the
14circuit court clerk and the Department be sealed until further
15order of the court upon good cause shown or as otherwise
16provided herein, and the name of the petitioner obliterated
17from the official index requested to be kept by the circuit
18court clerk under Section 16 of the Clerks of Courts Act in
19connection with the arrest and conviction for the offense for
20which he or she had been granted the certificate but the order
21shall not affect any index issued by the circuit court clerk
22before the entry of the order. All records sealed by the
23Department may be disseminated by the Department only as
24required by this Act or to the arresting authority, a law
25enforcement agency, the State's Attorney, and the court upon a
26later arrest for the same or similar offense or for the purpose

 

 

HB4010- 33 -LRB099 11225 RLC 31759 b

1of sentencing for any subsequent felony. Upon conviction for
2any subsequent offense, the Department of Corrections shall
3have access to all sealed records of the Department pertaining
4to that individual. Upon entry of the order of sealing, the
5circuit court clerk shall promptly mail a copy of the order to
6the person who was granted the certificate of eligibility for
7sealing.
8    (e-6) Whenever a person who has been convicted of an
9offense is granted a certificate of eligibility for expungement
10by the Prisoner Review Board which specifically authorizes
11expungement, he or she may, upon verified petition to the Chief
12Judge of the circuit where the person had been convicted, any
13judge of the circuit designated by the Chief Judge, or in
14counties of less than 3,000,000 inhabitants, the presiding
15trial judge at the petitioner's trial, have a court order
16entered expunging the record of arrest from the official
17records of the arresting authority and order that the records
18of the circuit court clerk and the Department be sealed until
19further order of the court upon good cause shown or as
20otherwise provided herein, and the name of the petitioner
21obliterated from the official index requested to be kept by the
22circuit court clerk under Section 16 of the Clerks of Courts
23Act in connection with the arrest and conviction for the
24offense for which he or she had been granted the certificate
25but the order shall not affect any index issued by the circuit
26court clerk before the entry of the order. All records sealed

 

 

HB4010- 34 -LRB099 11225 RLC 31759 b

1by the Department may be disseminated by the Department only as
2required by this Act or to the arresting authority, a law
3enforcement agency, the State's Attorney, and the court upon a
4later arrest for the same or similar offense or for the purpose
5of sentencing for any subsequent felony. Upon conviction for
6any subsequent offense, the Department of Corrections shall
7have access to all expunged records of the Department
8pertaining to that individual. Upon entry of the order of
9expungement, the circuit court clerk shall promptly mail a copy
10of the order to the person who was granted the certificate of
11eligibility for expungement.
12    (f) Subject to available funding, the Illinois Department
13of Corrections shall conduct a study of the impact of sealing,
14especially on employment and recidivism rates, utilizing a
15random sample of those who apply for the sealing of their
16criminal records under Public Act 93-211. At the request of the
17Illinois Department of Corrections, records of the Illinois
18Department of Employment Security shall be utilized as
19appropriate to assist in the study. The study shall not
20disclose any data in a manner that would allow the
21identification of any particular individual or employing unit.
22The study shall be made available to the General Assembly no
23later than September 1, 2010.
24(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
2597-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
261-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,

 

 

HB4010- 35 -LRB099 11225 RLC 31759 b

1eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
2eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
3eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
498-1009, eff. 1-1-15; revised 9-30-14.)
 
5    Section 10. The Clerks of Courts Act is amended by changing
6Sections 16, 27.1a, 27.2a, and 27.3b as follows:
 
7    (705 ILCS 105/16)  (from Ch. 25, par. 16)
8    Sec. 16. Records kept by the clerks of the circuit courts
9are subject to the provisions of "The Local Records Act",
10approved August 18, 1961, as amended.
11    Unless otherwise provided by rule or administrative order
12of the Supreme Court, the respective clerks of the circuit
13courts shall keep in their offices the following books:
14    1. A general docket, upon which shall be entered all suits,
15in the order in which they are commenced.
16    2. Two well-bound books, to be denominated "Plaintiff's
17Index to Court Records," and "Defendant's Index to Court
18Records" to be ruled and printed substantially in the following
19manner:
20........
21PlaintiffsDefendantsKind ofDateRecordPages
22ActionCommencedBook
23........
24........

 

 

HB4010- 36 -LRB099 11225 RLC 31759 b

1........
2Date ofJudgment
3judgmentdocket
4........
5Book Page
6........
7CertificateSatisfied
8CertificateCertificateofor notNumber
9of levyof saleredemptionsatisfied of case
10........
11Fee BookBook PageBook PageBook Page
12........
13    All cases shall be entered in such books, in alphabetical
14order, by the name of each plaintiff and defendant. The books
15shall set forth the names of the parties, kind of action, date
16commenced, the record books and pages on which the cases are
17recorded, the date of judgment, books and pages of the judgment
18dockets, fee book, certificates of levy, sale and redemption
19records on which they are entered satisfied or not satisfied,
20and number of case. The defendant's index shall be ruled and
21printed in the same manner as the plaintiff's except the
22parties shall be reversed.
23    3. Proper books of record, with indices, showing the names
24of all parties to any action or judgment therein recorded, with
25a reference to the page where it is recorded.
26    4. A judgment docket, in which all final judgments (except

 

 

HB4010- 37 -LRB099 11225 RLC 31759 b

1child support orders as hereinafter provided) shall be minuted
2at the time they are entered, or within 60 days thereafter in
3alphabetical order, by the name of every person against whom
4the judgment is entered, showing, in the proper columns ruled
5for that purpose, the names of the parties, the date, nature of
6the judgment, amount of the judgment and costs in separate
7items, for which it is issued, to whom issued, when returned,
8and the manner of its enforcement; a blank column shall be kept
9in which may be entered a note of the satisfaction or other
10disposition of the judgment or order and when satisfied by
11enforcement or otherwise, or set aside or enjoined; the clerk
12shall enter a minute thereof in such column, showing how
13disposed of, the date and the book and page, where the evidence
14thereof is to be found. In the case of child support orders or
15modifications of such orders entered on or after May 1, 1987,
16the clerk shall minute such orders or modifications in the
17manner and form provided herein but shall not minute every
18child support installment when due or every child support
19payment when made. Such dockets may be searched by persons, at
20all reasonable times without fee.
21    5. A fee book, in which shall be distinctly set down, in
22items, the proper title of the cause and heads, the cost of
23each action, including clerk's, sheriff's and witness' fees,
24stating the name of each witness having claimed attendance in
25respect of the trial or hearing of such action with the number
26of days attended. It shall not be necessary to insert the cost

 

 

HB4010- 38 -LRB099 11225 RLC 31759 b

1in the judgment; but whenever an action is determined and final
2judgment entered, the costs of each party litigant shall be
3made up and entered in such fee book, which shall be considered
4a part of the record and judgment, subject, however, at all
5times to be corrected by the court; and the prevailing party
6shall be considered as having recovered judgment for the amount
7of the costs so taxed in his or her favor, and the same shall be
8included in the certified copy of such judgment, and a bill
9thereof accompanying certified copy of the judgment. If any
10clerk shall issue a fee bill or a bill of costs, with the
11certified copy of the judgment without first entering the same
12in the fee book, or if any such bill of costs or fee bill shall
13be issued which shall not be in substance a copy of the
14recorded bill, the same shall be void. Any person having paid
15such bill of costs or fee bill, may recover from the clerk the
16amount thereof, with costs of the action, in any circuit court.
17    6. Such other books of record and entry as are provided by
18law, or may be required in the proper performance of their
19duties. All records, dockets and books required by law to be
20kept by such clerks shall be deemed public records, and shall
21at all times be open to inspection without fee or reward, and
22all persons shall have free access for inspection and
23examination to such records, docket and books, and also to all
24papers on file in the different clerks' offices and shall have
25the right to take memoranda and abstracts thereto.
26    7. Upon final disposition and payment of all fines and

 

 

HB4010- 39 -LRB099 11225 RLC 31759 b

1costs in relation to a regulatory offense after a court
2appearance before a judge, the judge shall order the sealing of
3the records of or relating to the regulatory offense from the
4official records kept by the circuit court clerk, as well as
5the obliteration of the name of the defendant from the official
6index requested to be kept by the circuit court clerk under
7this Section. Upon final disposition and payment of all fines
8and costs in relation to a regulatory offense when a court
9appearance before a judge did not occur, the circuit court
10clerk shall immediately seek a court order to seal the records
11of or relating to the regulatory offense from the official
12records kept by the circuit court clerk, as well as the
13obliteration of the name of the defendant from the official
14index requested to be kept by the circuit court clerk under
15this Section. Upon entry of a sealing order, no information of
16any character relating to its records shall be given or
17furnished by the circuit court clerk to any person, bureau, or
18institution other than as provided in this Act or other State
19law, or when a governmental unit is required by state or
20federal law to consider this information in the performance of
21its duties. The circuit court clerk shall retain the records
22sealed under this clause 7. The sealed records maintained under
23this clause; however, are exempt from disclosure under the
24Freedom of Information Act.
25(Source: P.A. 85-1156.)
 

 

 

HB4010- 40 -LRB099 11225 RLC 31759 b

1    (705 ILCS 105/27.1a)  (from Ch. 25, par. 27.1a)
2    Sec. 27.1a. The fees of the clerks of the circuit court in
3all counties having a population of not more than 500,000
4inhabitants in the instances described in this Section shall be
5as provided in this Section. In those instances where a minimum
6and maximum fee is stated, the clerk of the circuit court must
7charge the minimum fee listed and may charge up to the maximum
8fee if the county board has by resolution increased the fee.
9The fees shall be paid in advance and shall be as follows:
10(a) Civil Cases.
11        The fee for filing a complaint, petition, or other
12    pleading initiating a civil action, with the following
13    exceptions, shall be a minimum of $40 and a maximum of
14    $160.
15            (A) When the amount of money or damages or the
16        value of personal property claimed does not exceed
17        $250, $10.
18            (B) When that amount exceeds $250 but does not
19        exceed $500, a minimum of $10 and a maximum of $20.
20            (C) When that amount exceeds $500 but does not
21        exceed $2500, a minimum of $25 and a maximum of $40.
22            (D) When that amount exceeds $2500 but does not
23        exceed $15,000, a minimum of $25 and a maximum of $75.
24            (E) For the exercise of eminent domain, a minimum
25        of $45 and a maximum of $150. For each additional lot
26        or tract of land or right or interest therein subject

 

 

HB4010- 41 -LRB099 11225 RLC 31759 b

1        to be condemned, the damages in respect to which shall
2        require separate assessment by a jury, a minimum of $45
3        and a maximum of $150.
4(a-1) Family.
5        For filing a petition under the Juvenile Court Act of
6    1987, $25.
7        For filing a petition for a marriage license, $10.
8        For performing a marriage in court, $10.
9        For filing a petition under the Illinois Parentage Act
10    of 1984, $40.
11(b) Forcible Entry and Detainer.
12        In each forcible entry and detainer case when the
13    plaintiff seeks possession only or unites with his or her
14    claim for possession of the property a claim for rent or
15    damages or both in the amount of $15,000 or less, a minimum
16    of $10 and a maximum of $50. When the plaintiff unites his
17    or her claim for possession with a claim for rent or
18    damages or both exceeding $15,000, a minimum of $40 and a
19    maximum of $160.
20(c) Counterclaim or Joining Third Party Defendant.
21        When any defendant files a counterclaim as part of his
22    or her answer or otherwise or joins another party as a
23    third party defendant, or both, the defendant shall pay a
24    fee for each counterclaim or third party action in an
25    amount equal to the fee he or she would have had to pay had
26    he or she brought a separate action for the relief sought

 

 

HB4010- 42 -LRB099 11225 RLC 31759 b

1    in the counterclaim or against the third party defendant,
2    less the amount of the appearance fee, if that has been
3    paid.
4(d) Confession of Judgment.
5        In a confession of judgment when the amount does not
6    exceed $1500, a minimum of $20 and a maximum of $50. When
7    the amount exceeds $1500, but does not exceed $15,000, a
8    minimum of $40 and a maximum of $115. When the amount
9    exceeds $15,000, a minimum of $40 and a maximum of $200.
10(e) Appearance.
11        The fee for filing an appearance in each civil case
12    shall be a minimum of $15 and a maximum of $60, except as
13    follows:
14            (A) When the plaintiff in a forcible entry and
15        detainer case seeks possession only, a minimum of $10
16        and a maximum of $50.
17            (B) When the amount in the case does not exceed
18        $1500, a minimum of $10 and a maximum of $30.
19            (C) When that amount exceeds $1500 but does not
20        exceed $15,000, a minimum of $15 and a maximum of $60.
21(f) Garnishment, Wage Deduction, and Citation.
22        In garnishment affidavit, wage deduction affidavit,
23    and citation petition when the amount does not exceed
24    $1,000, a minimum of $5 and a maximum of $15; when the
25    amount exceeds $1,000 but does not exceed $5,000, a minimum
26    of $5 and a maximum of $30; and when the amount exceeds

 

 

HB4010- 43 -LRB099 11225 RLC 31759 b

1    $5,000, a minimum of $5 and a maximum of $50.
2(g) Petition to Vacate or Modify.
3        (1) Petition to vacate or modify any final judgment or
4    order of court, except in forcible entry and detainer cases
5    and small claims cases or a petition to reopen an estate,
6    to modify, terminate, or enforce a judgment or order for
7    child or spousal support, or to modify, suspend, or
8    terminate an order for withholding, if filed before 30 days
9    after the entry of the judgment or order, a minimum of $20
10    and a maximum of $50.
11        (2) Petition to vacate or modify any final judgment or
12    order of court, except a petition to modify, terminate, or
13    enforce a judgment or order for child or spousal support or
14    to modify, suspend, or terminate an order for withholding,
15    if filed later than 30 days after the entry of the judgment
16    or order, a minimum of $20 and a maximum of $75.
17        (3) Petition to vacate order of bond forfeiture, a
18    minimum of $10 and a maximum of $40.
19(h) Mailing.
20        When the clerk is required to mail, the fee will be a
21    minimum of $2 and a maximum of $10, plus the cost of
22    postage.
23(i) Certified Copies.
24        Each certified copy of a judgment after the first,
25    except in small claims and forcible entry and detainer
26    cases, a minimum of $2 and a maximum of $10.

 

 

HB4010- 44 -LRB099 11225 RLC 31759 b

1(j) Habeas Corpus.
2        For filing a petition for relief by habeas corpus, a
3    minimum of $60 and a maximum of $100.
4(k) Certification, Authentication, and Reproduction.
5        (1) Each certification or authentication for taking
6    the acknowledgment of a deed or other instrument in writing
7    with the seal of office, a minimum of $2 and a maximum of
8    $6.
9        (2) Court appeals when original documents are
10    forwarded, under 100 pages, plus delivery and costs, a
11    minimum of $20 and a maximum of $60.
12        (3) Court appeals when original documents are
13    forwarded, over 100 pages, plus delivery and costs, a
14    minimum of $50 and a maximum of $150.
15        (4) Court appeals when original documents are
16    forwarded, over 200 pages, an additional fee of a minimum
17    of 20 cents and a maximum of 25 cents per page.
18        (5) For reproduction of any document contained in the
19    clerk's files:
20            (A) First page, a minimum of $1 and a maximum of
21        $2.
22            (B) Next 19 pages, 50 cents per page.
23            (C) All remaining pages, 25 cents per page.
24(l) Remands.
25        In any cases remanded to the Circuit Court from the
26    Supreme Court or the Appellate Court for a new trial, the

 

 

HB4010- 45 -LRB099 11225 RLC 31759 b

1    clerk shall file the remanding order and reinstate the case
2    with either its original number or a new number. The Clerk
3    shall not charge any new or additional fee for the
4    reinstatement. Upon reinstatement the Clerk shall advise
5    the parties of the reinstatement. A party shall have the
6    same right to a jury trial on remand and reinstatement as
7    he or she had before the appeal, and no additional or new
8    fee or charge shall be made for a jury trial after remand.
9(m) Record Search.
10        For each record search, within a division or municipal
11    district, the clerk shall be entitled to a search fee of a
12    minimum of $4 and a maximum of $6 for each year searched.
13(n) Hard Copy.
14        For each page of hard copy print output, when case
15    records are maintained on an automated medium, the clerk
16    shall be entitled to a fee of a minimum of $4 and a maximum
17    of $6.
18(o) Index Inquiry and Other Records.
19        No fee shall be charged for a single
20    plaintiff/defendant index inquiry or single case record
21    inquiry when this request is made in person and the records
22    are maintained in a current automated medium, and when no
23    hard copy print output is requested. The fees to be charged
24    for management records, multiple case records, and
25    multiple journal records may be specified by the Chief
26    Judge pursuant to the guidelines for access and

 

 

HB4010- 46 -LRB099 11225 RLC 31759 b

1    dissemination of information approved by the Supreme
2    Court.
3(p) (Blank).
4(q) Alias Summons.
5        For each alias summons or citation issued by the clerk,
6    a minimum of $2 and a maximum of $5.
7(r) Other Fees.
8        Any fees not covered in this Section shall be set by
9    rule or administrative order of the Circuit Court with the
10    approval of the Administrative Office of the Illinois
11    Courts.
12        The clerk of the circuit court may provide additional
13    services for which there is no fee specified by statute in
14    connection with the operation of the clerk's office as may
15    be requested by the public and agreed to by the clerk and
16    approved by the chief judge of the circuit court. Any
17    charges for additional services shall be as agreed to
18    between the clerk and the party making the request and
19    approved by the chief judge of the circuit court. Nothing
20    in this subsection shall be construed to require any clerk
21    to provide any service not otherwise required by law.
22(s) Jury Services.
23        The clerk shall be entitled to receive, in addition to
24    other fees allowed by law, the sum of a minimum of $62.50
25    and a maximum of $212.50, as a fee for the services of a
26    jury in every civil action not quasi-criminal in its nature

 

 

HB4010- 47 -LRB099 11225 RLC 31759 b

1    and not a proceeding for the exercise of the right of
2    eminent domain and in every other action wherein the right
3    of trial by jury is or may be given by law. The jury fee
4    shall be paid by the party demanding a jury at the time of
5    filing the jury demand. If the fee is not paid by either
6    party, no jury shall be called in the action or proceeding,
7    and the same shall be tried by the court without a jury.
8(t) Voluntary Assignment.
9        For filing each deed of voluntary assignment, a minimum
10    of $10 and a maximum of $20; for recording the same, a
11    minimum of 25 cents and a maximum of 50 cents for each 100
12    words. Exceptions filed to claims presented to an assignee
13    of a debtor who has made a voluntary assignment for the
14    benefit of creditors shall be considered and treated, for
15    the purpose of taxing costs therein, as actions in which
16    the party or parties filing the exceptions shall be
17    considered as party or parties plaintiff, and the claimant
18    or claimants as party or parties defendant, and those
19    parties respectively shall pay to the clerk the same fees
20    as provided by this Section to be paid in other actions.
21(u) Expungement Petition.
22        The clerk shall be entitled to receive a fee of a
23    minimum of $15 and a maximum of $60 for each expungement
24    petition filed and an additional fee of a minimum of $2 and
25    a maximum of $4 for each certified copy of an order to
26    expunge arrest records.

 

 

HB4010- 48 -LRB099 11225 RLC 31759 b

1(v) Probate.
2        The clerk is entitled to receive the fees specified in
3    this subsection (v), which shall be paid in advance, except
4    that, for good cause shown, the court may suspend, reduce,
5    or release the costs payable under this subsection:
6        (1) For administration of the estate of a decedent
7    (whether testate or intestate) or of a missing person, a
8    minimum of $50 and a maximum of $150, 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 $25 and a maximum of $40.
13            (B) When (i) proof of heirship alone is made, (ii)
14        a domestic or foreign will is admitted to probate
15        without administration (including proof of heirship),
16        or (iii) letters of office are issued for a particular
17        purpose without administration of the estate, the fee
18        shall be a minimum of $10 and a maximum of $40.
19            (C) For filing a petition to sell Real Estate, $50.
20        (2) For administration of the estate of a ward, a
21    minimum of $50 and a maximum of $75, plus the fees
22    specified in subsection (v)(3), except:
23            (A) When the value of the real and personal
24        property does not exceed $15,000, the fee shall be a
25        minimum of $25 and a maximum of $40.
26            (B) When (i) letters of office are issued to a

 

 

HB4010- 49 -LRB099 11225 RLC 31759 b

1        guardian of the person or persons, but not of the
2        estate or (ii) letters of office are issued in the
3        estate of a ward without administration of the estate,
4        including filing or joining in the filing of a tax
5        return or releasing a mortgage or consenting to the
6        marriage of the ward, the fee shall be a minimum of $10
7        and a maximum of $20.
8            (C) For filing a Petition to sell Real Estate, $50.
9        (3) In addition to the fees payable under subsection
10    (v)(1) or (v)(2) of this Section, the following fees are
11    payable:
12            (A) For each account (other than one final account)
13        filed in the estate of a decedent, or ward, a minimum
14        of $10 and a maximum of $25.
15            (B) For filing a claim in an estate when the amount
16        claimed is $150 or more but less than $500, a minimum
17        of $10 and a maximum of $25; when the amount claimed is
18        $500 or more but less than $10,000, a minimum of $10
19        and a maximum of $40; when the amount claimed is
20        $10,000 or more, a minimum of $10 and a maximum of $60;
21        provided that the court in allowing a claim may add to
22        the amount allowed the filing fee paid by the claimant.
23            (C) For filing in an estate a claim, petition, or
24        supplemental proceeding based upon an action seeking
25        equitable relief including the construction or contest
26        of a will, enforcement of a contract to make a will,

 

 

HB4010- 50 -LRB099 11225 RLC 31759 b

1        and proceedings involving testamentary trusts or the
2        appointment of testamentary trustees, a minimum of $40
3        and a maximum of $60.
4            (D) For filing in an estate (i) the appearance of
5        any person for the purpose of consent or (ii) the
6        appearance of an executor, administrator,
7        administrator to collect, guardian, guardian ad litem,
8        or special administrator, no fee.
9            (E) Except as provided in subsection (v)(3)(D),
10        for filing the appearance of any person or persons, a
11        minimum of $10 and a maximum of $30.
12            (F) For each jury demand, a minimum of $62.50 and a
13        maximum of $137.50.
14            (G) For disposition of the collection of a judgment
15        or settlement of an action or claim for wrongful death
16        of a decedent or of any cause of action of a ward, when
17        there is no other administration of the estate, a
18        minimum of $30 and a maximum of $50, less any amount
19        paid under subsection (v)(1)(B) or (v)(2)(B) except
20        that if the amount involved does not exceed $5,000, the
21        fee, including any amount paid under subsection
22        (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
23        maximum of $20.
24            (H) For each certified copy of letters of office,
25        of court order or other certification, a minimum of $1
26        and a maximum of $2, plus a minimum of 50 cents and a

 

 

HB4010- 51 -LRB099 11225 RLC 31759 b

1        maximum of $1 per page in excess of 3 pages for the
2        document certified.
3            (I) For each exemplification, a minimum of $1 and a
4        maximum of $2, plus the fee for certification.
5        (4) The executor, administrator, guardian, petitioner,
6    or other interested person or his or her attorney shall pay
7    the cost of publication by the clerk directly to the
8    newspaper.
9        (5) The person on whose behalf a charge is incurred for
10    witness, court reporter, appraiser, or other miscellaneous
11    fee shall pay the same directly to the person entitled
12    thereto.
13        (6) The executor, administrator, guardian, petitioner,
14    or other interested person or his or her attorney shall pay
15    to the clerk all postage charges incurred by the clerk in
16    mailing petitions, orders, notices, or other documents
17    pursuant to the provisions of the Probate Act of 1975.
18(w) Criminal and Quasi-Criminal Costs and Fees.
19        (1) The clerk shall be entitled to costs in all
20    criminal and quasi-criminal cases from each person
21    convicted or sentenced to supervision therein as follows:
22            (A) Felony complaints, a minimum of $40 and a
23        maximum of $100.
24            (B) Misdemeanor complaints, a minimum of $25 and a
25        maximum of $75.
26            (C) Business offense complaints, a minimum of $25

 

 

HB4010- 52 -LRB099 11225 RLC 31759 b

1        and a maximum of $75.
2            (D) Petty offense complaints, a minimum of $25 and
3        a maximum of $75.
4            (E) Minor traffic or ordinance violations, $10.
5            (E-5) Regulatory offense violations, $10.
6            (F) When court appearance required, $15.
7            (G) Motions to vacate or amend final orders, a
8        minimum of $20 and a maximum of $40.
9            (H) Motions to vacate bond forfeiture orders, a
10        minimum of $20 and a maximum of $40.
11            (I) Motions to vacate ex parte judgments, whenever
12        filed, a minimum of $20 and a maximum of $40.
13            (J) Motions to vacate judgment on forfeitures,
14        whenever filed, a minimum of $20 and a maximum of $40.
15            (K) Motions to vacate "failure to appear" or
16        "failure to comply" notices sent to the Secretary of
17        State, a minimum of $20 and a maximum of $40.
18        (2) In counties having a population of not more than
19    500,000 inhabitants, when the violation complaint is
20    issued by a municipal police department, the clerk shall be
21    entitled to costs from each person convicted therein as
22    follows:
23            (A) Minor traffic or ordinance violations, $10.
24            (A-5) Regulatory offense violations, $10.
25            (B) When court appearance required, $15.
26        (3) In ordinance violation cases punishable by fine

 

 

HB4010- 53 -LRB099 11225 RLC 31759 b

1    only, the clerk of the circuit court shall be entitled to
2    receive, unless the fee is excused upon a finding by the
3    court that the defendant is indigent, in addition to other
4    fees or costs allowed or imposed by law, the sum of a
5    minimum of $62.50 and a maximum of $137.50 as a fee for the
6    services of a jury. The jury fee shall be paid by the
7    defendant at the time of filing his or her jury demand. If
8    the fee is not so paid by the defendant, no jury shall be
9    called, and the case shall be tried by the court without a
10    jury.
11(x) Transcripts of Judgment.
12        For the filing of a transcript of judgment, the clerk
13    shall be entitled to the same fee as if it were the
14    commencement of a new suit.
15(y) Change of Venue.
16        (1) For the filing of a change of case on a change of
17    venue, the clerk shall be entitled to the same fee as if it
18    were the commencement of a new suit.
19        (2) The fee for the preparation and certification of a
20    record on a change of venue to another jurisdiction, when
21    original documents are forwarded, a minimum of $10 and a
22    maximum of $40.
23(z) Tax objection complaints.
24        For each tax objection complaint containing one or more
25    tax objections, regardless of the number of parcels
26    involved or the number of taxpayers joining on the

 

 

HB4010- 54 -LRB099 11225 RLC 31759 b

1    complaint, a minimum of $10 and a maximum of $50.
2(aa) Tax Deeds.
3        (1) Petition for tax deed, if only one parcel is
4    involved, a minimum of $45 and a maximum of $200.
5        (2) For each additional parcel, add a fee of a minimum
6    of $10 and a maximum of $60.
7(bb) Collections.
8        (1) For all collections made of others, except the
9    State and county and except in maintenance or child support
10    cases, a sum equal to a minimum of 2% and a maximum of 2.5%
11    of the amount collected and turned over.
12        (2) Interest earned on any funds held by the clerk
13    shall be turned over to the county general fund as an
14    earning of the office.
15        (3) For any check, draft, or other bank instrument
16    returned to the clerk for non-sufficient funds, account
17    closed, or payment stopped, $25.
18        (4) In child support and maintenance cases, the clerk,
19    if authorized by an ordinance of the county board, may
20    collect an annual fee of up to $36 from the person making
21    payment for maintaining child support records and the
22    processing of support orders to the State of Illinois KIDS
23    system and the recording of payments issued by the State
24    Disbursement Unit for the official record of the Court.
25    This fee shall be in addition to and separate from amounts
26    ordered to be paid as maintenance or child support and

 

 

HB4010- 55 -LRB099 11225 RLC 31759 b

1    shall be deposited into a Separate Maintenance and Child
2    Support Collection Fund, of which the clerk shall be the
3    custodian, ex-officio, to be used by the clerk to maintain
4    child support orders and record all payments issued by the
5    State Disbursement Unit for the official record of the
6    Court. The clerk may recover from the person making the
7    maintenance or child support payment any additional cost
8    incurred in the collection of this annual fee.
9        The clerk shall also be entitled to a fee of $5 for
10    certifications made to the Secretary of State as provided
11    in Section 7-703 of the Family Financial Responsibility Law
12    and these fees shall also be deposited into the Separate
13    Maintenance and Child Support Collection Fund.
14(cc) Corrections of Numbers.
15        For correction of the case number, case title, or
16    attorney computer identification number, if required by
17    rule of court, on any document filed in the clerk's office,
18    to be charged against the party that filed the document, a
19    minimum of $10 and a maximum of $25.
20(dd) Exceptions.
21        (1) The fee requirements of this Section shall not
22    apply to police departments or other law enforcement
23    agencies. In this Section, "law enforcement agency" means
24    an agency of the State or a unit of local government which
25    is vested by law or ordinance with the duty to maintain
26    public order and to enforce criminal laws or ordinances.

 

 

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1    "Law enforcement agency" also means the Attorney General or
2    any state's attorney.
3        (2) No fee provided herein shall be charged to any unit
4    of local government or school district.
5        (3) The fee requirements of this Section shall not
6    apply to any action instituted under subsection (b) of
7    Section 11-31-1 of the Illinois Municipal Code by a private
8    owner or tenant of real property within 1200 feet of a
9    dangerous or unsafe building seeking an order compelling
10    the owner or owners of the building to take any of the
11    actions authorized under that subsection.
12        (4) The fee requirements of this Section shall not
13    apply to the filing of any commitment petition or petition
14    for an order authorizing the administration of
15    psychotropic medication or electroconvulsive therapy under
16    the Mental Health and Developmental Disabilities Code.
17(ee) Adoptions.
18        (1) For an adoption...............................$65
19        (2) Upon good cause shown, the court may waive the
20    adoption filing fee in a special needs adoption. The term
21    "special needs adoption" shall have the meaning ascribed to
22    it by the Illinois Department of Children and Family
23    Services.
24(ff) Adoption exemptions.
25        No fee other than that set forth in subsection (ee)
26    shall be charged to any person in connection with an

 

 

HB4010- 57 -LRB099 11225 RLC 31759 b

1    adoption proceeding nor may any fee be charged for
2    proceedings for the appointment of a confidential
3    intermediary under the Adoption Act.
4(Source: P.A. 95-172, eff. 8-14-07; 95-331, eff. 8-21-07.)
 
5    (705 ILCS 105/27.2a)  (from Ch. 25, par. 27.2a)
6    Sec. 27.2a. The fees of the clerks of the circuit court in
7all counties having a population of 3,000,000 or more
8inhabitants in the instances described in this Section shall be
9as provided in this Section. In those instances where a minimum
10and maximum fee is stated, the clerk of the circuit court must
11charge the minimum fee listed and may charge up to the maximum
12fee if the county board has by resolution increased the fee.
13The fees shall be paid in advance and shall be as follows:
14(a) Civil Cases.
15        The fee for filing a complaint, petition, or other
16    pleading initiating a civil action, with the following
17    exceptions, shall be a minimum of $190 and a maximum of
18    $240.
19            (A) When the amount of money or damages or the
20        value of personal property claimed does not exceed
21        $250, a minimum of $15 and a maximum of $22.
22            (B) When that amount exceeds $250 but does not
23        exceed $1000, a minimum of $40 and a maximum of $75.
24            (C) When that amount exceeds $1000 but does not
25        exceed $2500, a minimum of $50 and a maximum of $80.

 

 

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1            (D) When that amount exceeds $2500 but does not
2        exceed $5000, a minimum of $100 and a maximum of $130.
3            (E) When that amount exceeds $5000 but does not
4        exceed $15,000, $150.
5            (F) For the exercise of eminent domain, $150. For
6        each additional lot or tract of land or right or
7        interest therein subject to be condemned, the damages
8        in respect to which shall require separate assessment
9        by a jury, $150.
10            (G) For the final determination of parking,
11        standing, and compliance violations and final
12        administrative decisions issued after hearings
13        regarding vehicle immobilization and impoundment made
14        pursuant to Sections 3-704.1, 6-306.5, and 11-208.3 of
15        the Illinois Vehicle Code, $25.
16            (H) No fees shall be charged by the clerk to a
17        petitioner in any order of protection including, but
18        not limited to, filing, modifying, withdrawing,
19        certifying, or photocopying petitions for orders of
20        protection, or for issuing alias summons, or for any
21        related filing service, certifying, modifying,
22        vacating, or photocopying any orders of protection.
23(b) Forcible Entry and Detainer.
24        In each forcible entry and detainer case when the
25    plaintiff seeks possession only or unites with his or her
26    claim for possession of the property a claim for rent or

 

 

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1    damages or both in the amount of $15,000 or less, a minimum
2    of $75 and a maximum of $140. When the plaintiff unites his
3    or her claim for possession with a claim for rent or
4    damages or both exceeding $15,000, a minimum of $225 and a
5    maximum of $335.
6(c) Counterclaim or Joining Third Party Defendant.
7        When any defendant files a counterclaim as part of his
8    or her answer or otherwise or joins another party as a
9    third party defendant, or both, the defendant shall pay a
10    fee for each counterclaim or third party action in an
11    amount equal to the fee he or she would have had to pay had
12    he or she brought a separate action for the relief sought
13    in the counterclaim or against the third party defendant,
14    less the amount of the appearance fee, if that has been
15    paid.
16(d) Confession of Judgment.
17        In a confession of judgment when the amount does not
18    exceed $1500, a minimum of $60 and a maximum of $70. When
19    the amount exceeds $1500, but does not exceed $5000, a
20    minimum of $75 and a maximum of $150. When the amount
21    exceeds $5000, but does not exceed $15,000, a minimum of
22    $175 and a maximum of $260. When the amount exceeds
23    $15,000, a minimum of $250 and a maximum of $310.
24(e) Appearance.
25        The fee for filing an appearance in each civil case
26    shall be a minimum of $75 and a maximum of $110, except as

 

 

HB4010- 60 -LRB099 11225 RLC 31759 b

1    follows:
2            (A) When the plaintiff in a forcible entry and
3        detainer case seeks possession only, a minimum of $40
4        and a maximum of $80.
5            (B) When the amount in the case does not exceed
6        $1500, a minimum of $40 and a maximum of $80.
7            (C) When that amount exceeds $1500 but does not
8        exceed $15,000, a minimum of $60 and a maximum of $90.
9(f) Garnishment, Wage Deduction, and Citation.
10        In garnishment affidavit, wage deduction affidavit,
11    and citation petition when the amount does not exceed
12    $1,000, a minimum of $15 and a maximum of $25; when the
13    amount exceeds $1,000 but does not exceed $5,000, a minimum
14    of $30 and a maximum of $45; and when the amount exceeds
15    $5,000, a minimum of $50 and a maximum of $80.
16(g) Petition to Vacate or Modify.
17        (1) Petition to vacate or modify any final judgment or
18    order of court, except in forcible entry and detainer cases
19    and small claims cases or a petition to reopen an estate,
20    to modify, terminate, or enforce a judgment or order for
21    child or spousal support, or to modify, suspend, or
22    terminate an order for withholding, if filed before 30 days
23    after the entry of the judgment or order, a minimum of $50
24    and a maximum of $60.
25        (2) Petition to vacate or modify any final judgment or
26    order of court, except a petition to modify, terminate, or

 

 

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1    enforce a judgment or order for child or spousal support or
2    to modify, suspend, or terminate an order for withholding,
3    if filed later than 30 days after the entry of the judgment
4    or order, a minimum of $75 and a maximum of $90.
5        (3) Petition to vacate order of bond forfeiture, a
6    minimum of $40 and a maximum of $80.
7(h) Mailing.
8        When the clerk is required to mail, the fee will be a
9    minimum of $10 and a maximum of $15, plus the cost of
10    postage.
11(i) Certified Copies.
12        Each certified copy of a judgment after the first,
13    except in small claims and forcible entry and detainer
14    cases, a minimum of $15 and a maximum of $20.
15(j) Habeas Corpus.
16        For filing a petition for relief by habeas corpus, a
17    minimum of $125 and a maximum of $190.
18(k) Certification, Authentication, and Reproduction.
19        (1) Each certification or authentication for taking
20    the acknowledgment of a deed or other instrument in writing
21    with the seal of office, a minimum of $6 and a maximum of
22    $9.
23        (2) Court appeals when original documents are
24    forwarded, under 100 pages, plus delivery and costs, a
25    minimum of $75 and a maximum of $110.
26        (3) Court appeals when original documents are

 

 

HB4010- 62 -LRB099 11225 RLC 31759 b

1    forwarded, over 100 pages, plus delivery and costs, a
2    minimum of $150 and a maximum of $185.
3        (4) Court appeals when original documents are
4    forwarded, over 200 pages, an additional fee of a minimum
5    of 25 and a maximum of 30 cents per page.
6        (5) For reproduction of any document contained in the
7    clerk's files:
8            (A) First page, $2.
9            (B) Next 19 pages, 50 cents per page.
10            (C) All remaining pages, 25 cents per page.
11(l) Remands.
12        In any cases remanded to the Circuit Court from the
13    Supreme Court or the Appellate Court for a new trial, the
14    clerk shall file the remanding order and reinstate the case
15    with either its original number or a new number. The Clerk
16    shall not charge any new or additional fee for the
17    reinstatement. Upon reinstatement the Clerk shall advise
18    the parties of the reinstatement. A party shall have the
19    same right to a jury trial on remand and reinstatement as
20    he or she had before the appeal, and no additional or new
21    fee or charge shall be made for a jury trial after remand.
22(m) Record Search.
23        For each record search, within a division or municipal
24    district, the clerk shall be entitled to a search fee of a
25    minimum of $6 and a maximum of $9 for each year searched.
26(n) Hard Copy.

 

 

HB4010- 63 -LRB099 11225 RLC 31759 b

1        For each page of hard copy print output, when case
2    records are maintained on an automated medium, the clerk
3    shall be entitled to a fee of a minimum of $6 and a maximum
4    of $9.
5(o) Index Inquiry and Other Records.
6        No fee shall be charged for a single
7    plaintiff/defendant index inquiry or single case record
8    inquiry when this request is made in person and the records
9    are maintained in a current automated medium, and when no
10    hard copy print output is requested. The fees to be charged
11    for management records, multiple case records, and
12    multiple journal records may be specified by the Chief
13    Judge pursuant to the guidelines for access and
14    dissemination of information approved by the Supreme
15    Court.
16(p) (Blank).
17(q) Alias Summons.
18        For each alias summons or citation issued by the clerk,
19    a minimum of $5 and a maximum of $6.
20(r) Other Fees.
21        Any fees not covered in this Section shall be set by
22    rule or administrative order of the Circuit Court with the
23    approval of the Administrative Office of the Illinois
24    Courts.
25        The clerk of the circuit court may provide additional
26    services for which there is no fee specified by statute in

 

 

HB4010- 64 -LRB099 11225 RLC 31759 b

1    connection with the operation of the clerk's office as may
2    be requested by the public and agreed to by the clerk and
3    approved by the chief judge of the circuit court. Any
4    charges for additional services shall be as agreed to
5    between the clerk and the party making the request and
6    approved by the chief judge of the circuit court. Nothing
7    in this subsection shall be construed to require any clerk
8    to provide any service not otherwise required by law.
9(s) Jury Services.
10        The clerk shall be entitled to receive, in addition to
11    other fees allowed by law, the sum of a minimum of $212.50
12    and maximum of $230, as a fee for the services of a jury in
13    every civil action not quasi-criminal in its nature and not
14    a proceeding for the exercise of the right of eminent
15    domain and in every other action wherein the right of trial
16    by jury is or may be given by law. The jury fee shall be
17    paid by the party demanding a jury at the time of filing
18    the jury demand. If the fee is not paid by either party, no
19    jury shall be called in the action or proceeding, and the
20    same shall be tried by the court without a jury.
21(t) Voluntary Assignment.
22        For filing each deed of voluntary assignment, a minimum
23    of $20 and a maximum of $40; for recording the same, a
24    minimum of 50 and a maximum of $0.80 for each 100 words.
25    Exceptions filed to claims presented to an assignee of a
26    debtor who has made a voluntary assignment for the benefit

 

 

HB4010- 65 -LRB099 11225 RLC 31759 b

1    of creditors shall be considered and treated, for the
2    purpose of taxing costs therein, as actions in which the
3    party or parties filing the exceptions shall be considered
4    as party or parties plaintiff, and the claimant or
5    claimants as party or parties defendant, and those parties
6    respectively shall pay to the clerk the same fees as
7    provided by this Section to be paid in other actions.
8(u) Expungement Petition.
9        The clerk shall be entitled to receive a fee of a
10    minimum of $60 and a maximum of $120 for each expungement
11    petition filed and an additional fee of a minimum of $4 and
12    a maximum of $8 for each certified copy of an order to
13    expunge arrest records.
14(v) Probate.
15        The clerk is entitled to receive the fees specified in
16    this subsection (v), which shall be paid in advance, except
17    that, for good cause shown, the court may suspend, reduce,
18    or release the costs payable under this subsection:
19        (1) For administration of the estate of a decedent
20    (whether testate or intestate) or of a missing person, a
21    minimum of $150 and a maximum of $225, plus the fees
22    specified in subsection (v)(3), except:
23            (A) When the value of the real and personal
24        property does not exceed $15,000, the fee shall be a
25        minimum of $40 and a maximum of $65.
26            (B) When (i) proof of heirship alone is made, (ii)

 

 

HB4010- 66 -LRB099 11225 RLC 31759 b

1        a domestic or foreign will is admitted to probate
2        without administration (including proof of heirship),
3        or (iii) letters of office are issued for a particular
4        purpose without administration of the estate, the fee
5        shall be a minimum of $40 and a maximum of $65.
6        (2) For administration of the estate of a ward, a
7    minimum of $75 and a maximum of $110, plus the fees
8    specified in subsection (v)(3), except:
9            (A) When the value of the real and personal
10        property does not exceed $15,000, the fee shall be a
11        minimum of $40 and a maximum of $65.
12            (B) When (i) letters of office are issued to a
13        guardian of the person or persons, but not of the
14        estate or (ii) letters of office are issued in the
15        estate of a ward without administration of the estate,
16        including filing or joining in the filing of a tax
17        return or releasing a mortgage or consenting to the
18        marriage of the ward, the fee shall be a minimum of $20
19        and a maximum of $40.
20        (3) In addition to the fees payable under subsection
21    (v)(1) or (v)(2) of this Section, the following fees are
22    payable:
23            (A) For each account (other than one final account)
24        filed in the estate of a decedent, or ward, a minimum
25        of $25 and a maximum of $40.
26            (B) For filing a claim in an estate when the amount

 

 

HB4010- 67 -LRB099 11225 RLC 31759 b

1        claimed is $150 or more but less than $500, a minimum
2        of $20 and a maximum of $40; when the amount claimed is
3        $500 or more but less than $10,000, a minimum of $40
4        and a maximum of $65; when the amount claimed is
5        $10,000 or more, a minimum of $60 and a maximum of $90;
6        provided that the court in allowing a claim may add to
7        the amount allowed the filing fee paid by the claimant.
8            (C) For filing in an estate a claim, petition, or
9        supplemental proceeding based upon an action seeking
10        equitable relief including the construction or contest
11        of a will, enforcement of a contract to make a will,
12        and proceedings involving testamentary trusts or the
13        appointment of testamentary trustees, a minimum of $60
14        and a maximum of $90.
15            (D) For filing in an estate (i) the appearance of
16        any person for the purpose of consent or (ii) the
17        appearance of an executor, administrator,
18        administrator to collect, guardian, guardian ad litem,
19        or special administrator, no fee.
20            (E) Except as provided in subsection (v)(3)(D),
21        for filing the appearance of any person or persons, a
22        minimum of $30 and a maximum of $90.
23            (F) For each jury demand, a minimum of $137.50 and
24        a maximum of $180.
25            (G) For disposition of the collection of a judgment
26        or settlement of an action or claim for wrongful death

 

 

HB4010- 68 -LRB099 11225 RLC 31759 b

1        of a decedent or of any cause of action of a ward, when
2        there is no other administration of the estate, a
3        minimum of $50 and a maximum of $80, less any amount
4        paid under subsection (v)(1)(B) or (v)(2)(B) except
5        that if the amount involved does not exceed $5,000, the
6        fee, including any amount paid under subsection
7        (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a
8        maximum of $40.
9            (H) For each certified copy of letters of office,
10        of court order or other certification, a minimum of $2
11        and a maximum of $4, plus $1 per page in excess of 3
12        pages for the document certified.
13            (I) For each exemplification, $2, plus the fee for
14        certification.
15        (4) The executor, administrator, guardian, petitioner,
16    or other interested person or his or her attorney shall pay
17    the cost of publication by the clerk directly to the
18    newspaper.
19        (5) The person on whose behalf a charge is incurred for
20    witness, court reporter, appraiser, or other miscellaneous
21    fee shall pay the same directly to the person entitled
22    thereto.
23        (6) The executor, administrator, guardian, petitioner,
24    or other interested person or his or her attorney shall pay
25    to the clerk all postage charges incurred by the clerk in
26    mailing petitions, orders, notices, or other documents

 

 

HB4010- 69 -LRB099 11225 RLC 31759 b

1    pursuant to the provisions of the Probate Act of 1975.
2(w) Criminal and Quasi-Criminal Costs and Fees.
3        (1) The clerk shall be entitled to costs in all
4    criminal and quasi-criminal cases from each person
5    convicted or sentenced to supervision therein as follows:
6            (A) Felony complaints, a minimum of $125 and a
7        maximum of $190.
8            (B) Misdemeanor complaints, a minimum of $75 and a
9        maximum of $110.
10            (C) Business offense complaints, a minimum of $75
11        and a maximum of $110.
12            (D) Petty offense complaints, a minimum of $75 and
13        a maximum of $110.
14            (E) Minor traffic or ordinance violations, $30.
15            (E-5) Regulatory offense 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

 

 

HB4010- 70 -LRB099 11225 RLC 31759 b

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            (A-5) Regulatory offense violations, $30.
8            (B) When court appearance required, $50.
9        (3) In ordinance violation cases punishable by fine
10    only, the clerk of the circuit court shall be entitled to
11    receive, unless the fee is excused upon a finding by the
12    court that the defendant is indigent, in addition to other
13    fees or costs allowed or imposed by law, the sum of a
14    minimum of $112.50 and a maximum of $250 as a fee for the
15    services of a jury. The jury fee shall be paid by the
16    defendant at the time of filing his or her jury demand. If
17    the fee is not so paid by the defendant, no jury shall be
18    called, and the case shall be tried by the court without a
19    jury.
20(x) Transcripts of Judgment.
21        For the filing of a transcript of judgment, the clerk
22    shall be entitled to the same fee as if it were the
23    commencement of a new suit.
24(y) Change of Venue.
25        (1) For the filing of a change of case on a change of
26    venue, the clerk shall be entitled to the same fee as if it

 

 

HB4010- 71 -LRB099 11225 RLC 31759 b

1    were the commencement of a new suit.
2        (2) The fee for the preparation and certification of a
3    record on a change of venue to another jurisdiction, when
4    original documents are forwarded, a minimum of $40 and a
5    maximum of $65.
6(z) Tax objection complaints.
7        For each tax objection complaint containing one or more
8    tax objections, regardless of the number of parcels
9    involved or the number of taxpayers joining in the
10    complaint, a minimum of $50 and a maximum of $100.
11(aa) Tax Deeds.
12        (1) Petition for tax deed, if only one parcel is
13    involved, a minimum of $250 and a maximum of $400.
14        (2) For each additional parcel, add a fee of a minimum
15    of $100 and a maximum of $200.
16(bb) Collections.
17        (1) For all collections made of others, except the
18    State and county and except in maintenance or child support
19    cases, a sum equal to 3.0% of the amount collected and
20    turned over.
21        (2) Interest earned on any funds held by the clerk
22    shall be turned over to the county general fund as an
23    earning of the office.
24        (3) For any check, draft, or other bank instrument
25    returned to the clerk for non-sufficient funds, account
26    closed, or payment stopped, $25.

 

 

HB4010- 72 -LRB099 11225 RLC 31759 b

1        (4) In child support and maintenance cases, the clerk,
2    if authorized by an ordinance of the county board, may
3    collect an annual fee of up to $36 from the person making
4    payment for maintaining child support records and the
5    processing of support orders to the State of Illinois KIDS
6    system and the recording of payments issued by the State
7    Disbursement Unit for the official record of the Court.
8    This fee shall be in addition to and separate from amounts
9    ordered to be paid as maintenance or child support and
10    shall be deposited into a Separate Maintenance and Child
11    Support Collection Fund, of which the clerk shall be the
12    custodian, ex-officio, to be used by the clerk to maintain
13    child support orders and record all payments issued by the
14    State Disbursement Unit for the official record of the
15    Court. The clerk may recover from the person making the
16    maintenance or child support payment any additional cost
17    incurred in the collection of this annual fee.
18        The clerk shall also be entitled to a fee of $5 for
19    certifications made to the Secretary of State as provided
20    in Section 7-703 of the Family Financial Responsibility Law
21    and these fees shall also be deposited into the Separate
22    Maintenance and Child Support Collection Fund.
23(cc) Corrections of Numbers.
24        For correction of the case number, case title, or
25    attorney computer identification number, if required by
26    rule of court, on any document filed in the clerk's office,

 

 

HB4010- 73 -LRB099 11225 RLC 31759 b

1    to be charged against the party that filed the document, a
2    minimum of $25 and a maximum of $40.
3(dd) Exceptions.
4        (1) The fee requirements of this Section shall not
5    apply to police departments or other law enforcement
6    agencies. In this Section, "law enforcement agency" means
7    an agency of the State or a unit of local government which
8    is vested by law or ordinance with the duty to maintain
9    public order and to enforce criminal laws or ordinances.
10    "Law enforcement agency" also means the Attorney General or
11    any state's attorney.
12        (2) No fee provided herein shall be charged to any unit
13    of local government or school district. The fee
14    requirements of this Section shall not apply to any action
15    instituted under subsection (b) of Section 11-31-1 of the
16    Illinois Municipal Code by a private owner or tenant of
17    real property within 1200 feet of a dangerous or unsafe
18    building seeking an order compelling the owner or owners of
19    the building to take any of the actions authorized under
20    that subsection.
21        (3) The fee requirements of this Section shall not
22    apply to the filing of any commitment petition or petition
23    for an order authorizing the administration of
24    psychotropic medication or electroconvulsive therapy under
25    the Mental Health and Developmental Disabilities Code.
26(ee) Adoption.

 

 

HB4010- 74 -LRB099 11225 RLC 31759 b

1        (1) For an adoption...............................$65
2        (2) Upon good cause shown, the court may waive the
3    adoption filing fee in a special needs adoption. The term
4    "special needs adoption" shall have the meaning ascribed to
5    it by the Illinois Department of Children and Family
6    Services.
7(ff) Adoption exemptions.
8        No fee other than that set forth in subsection (ee)
9    shall be charged to any person in connection with an
10    adoption proceeding nor may any fee be charged for
11    proceedings for the appointment of a confidential
12    intermediary under the Adoption Act.
13(gg) Unpaid fees.
14        Unless a court ordered payment schedule is implemented
15    or the fee requirements of this Section are waived pursuant
16    to court order, the clerk of the court may add to any
17    unpaid fees and costs under this Section a delinquency
18    amount equal to 5% of the unpaid fees that remain unpaid
19    after 30 days, 10% of the unpaid fees that remain unpaid
20    after 60 days, and 15% of the unpaid fees that remain
21    unpaid after 90 days. Notice to those parties may be made
22    by signage posting or publication. The additional
23    delinquency amounts collected under this Section shall be
24    used to defray additional administrative costs incurred by
25    the clerk of the circuit court in collecting unpaid fees
26    and costs.

 

 

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1(Source: P.A. 95-172, eff. 8-14-07.)
 
2    (705 ILCS 105/27.3b)  (from Ch. 25, par. 27.3b)
3    Sec. 27.3b. The clerk of court may accept payment of fines,
4penalties, or costs by credit card or debit card approved by
5the clerk from an offender who has been convicted of or placed
6on court supervision for a traffic offense, petty offense,
7regulatory offense, ordinance offense, or misdemeanor or who
8has been convicted of a felony offense. The clerk of the
9circuit court may accept credit card payments over the Internet
10for fines, penalties, or costs from offenders on voluntary
11electronic pleas of guilty in minor traffic and conservation
12offenses to satisfy the requirement of written pleas of guilty
13as provided in Illinois Supreme Court Rule 529. The clerk of
14the circuit court may accept credit card payments over the
15Internet for fines or costs from offenders in regulatory
16offenses to satisfy the requirement of written pleas of guilty
17as provided in Section 111-3.1 of the Code of Criminal
18Procedure of 1963. The clerk of the court may also accept
19payment of statutory fees by a credit card or debit card. The
20clerk of the court may also accept the credit card or debit
21card for the cash deposit of bail bond fees.
22    The Clerk of the circuit court is authorized to enter into
23contracts with credit card or debit card companies approved by
24the clerk and to negotiate the payment of convenience and
25administrative fees normally charged by those companies for

 

 

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1allowing the clerk of the circuit court to accept their credit
2cards or debit cards in payment as authorized herein. The clerk
3of the circuit court is authorized to enter into contracts with
4third party fund guarantors, facilitators, and service
5providers under which those entities may contract directly with
6customers of the clerk of the circuit court and guarantee and
7remit the payments to the clerk of the circuit court. Where the
8offender pays fines, penalties, or costs by credit card or
9debit card or through a third party fund guarantor,
10facilitator, or service provider, or anyone paying statutory
11fees of the circuit court clerk or the posting of cash bail,
12the clerk shall collect a service fee of up to $5 or the amount
13charged to the clerk for use of its services by the credit card
14or debit card issuer, third party fund guarantor, facilitator,
15or service provider. This service fee shall be in addition to
16any other fines, penalties, or costs. The clerk of the circuit
17court is authorized to negotiate the assessment of convenience
18and administrative fees by the third party fund guarantors,
19facilitators, and service providers with the revenue earned by
20the clerk of the circuit court to be remitted to the county
21general revenue fund.
22(Source: P.A. 95-331, eff. 8-21-07.)
 
23    Section 15. The Cannabis Control Act is amended by changing
24Sections 1, 4, 9, and 10 as follows:
 

 

 

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1    (720 ILCS 550/1)  (from Ch. 56 1/2, par. 701)
2    Sec. 1.
3    The General Assembly recognizes that (1) the current state
4of scientific and medical knowledge concerning the effects of
5cannabis makes it necessary to acknowledge the physical,
6psychological and sociological damage which is incumbent upon
7its use; and (2) the use of cannabis occupies the unusual
8position of being widely used and pervasive among the citizens
9of Illinois despite its harmful effects; and (2) (3) previous
10legislation enacted to control or forbid the use of cannabis
11has often unnecessarily and unrealistically drawn a large
12segment of our population within the criminal justice system
13without succeeding in deterring the expansion of cannabis use.
14It is, therefore, the intent of the General Assembly, in the
15interest of the health and welfare of the citizens of Illinois,
16to establish a reasonable penalty system which is responsive to
17the current state of knowledge concerning cannabis and which
18directs the greatest efforts of law enforcement agencies toward
19the commercial traffickers and large-scale purveyors of
20cannabis. To this end, this Act provides wide latitude in the
21sentencing discretion of the courts and establishes penalties
22in a sharply rising progression based on the amount of
23substances containing cannabis involved in each case.
24(Source: P.A. 77-758.)
 
25    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)

 

 

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1    Sec. 4. Cannabis possession.
2    (a) It is unlawful for any person knowingly to possess
3cannabis. Any person who violates this section with respect to:
4        (1) (a) not more than 30 2.5 grams of any substance
5    containing cannabis is guilty of a regulatory offense
6    charged by a Uniform Cannabis Ticket and shall be fined
7    $100 Class C misdemeanor;
8        (2) (blank); (b) more than 2.5 grams but not more than
9    10 grams of any substance containing cannabis is guilty of
10    a Class B misdemeanor;
11        (3) (blank); (c) more than 10 grams but not more than
12    30 grams of any substance containing cannabis is guilty of
13    a Class A misdemeanor; provided, that if any offense under
14    this subsection (c) is a subsequent offense, the offender
15    shall be guilty of a Class 4 felony;
16        (4) (d) more than 30 grams but not more than 500 grams
17    of any substance containing cannabis is guilty of a Class A
18    misdemeanor 4 felony; provided that if any offense under
19    this paragraph (4) subsection (d) is a subsequent offense,
20    the offender shall be guilty of a Class 4 3 felony;
21        (5) (e) more than 500 grams but not more than 2,000
22    grams of any substance containing cannabis is guilty of a
23    Class 3 felony;
24        (6) (f) more than 2,000 grams but not more than 5,000
25    grams of any substance containing cannabis is guilty of a
26    Class 2 felony;

 

 

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1        (7) (g) more than 5,000 grams of any substance
2    containing cannabis is guilty of a Class 1 felony.
3(Source: P.A. 90-397, eff. 8-15-97.)
 
4    (720 ILCS 550/9)  (from Ch. 56 1/2, par. 709)
5    Sec. 9. (a) Any person who engages in a calculated criminal
6cannabis conspiracy, as defined in subsection (b), is guilty of
7a Class 3 felony, and fined not more than $200,000 and shall be
8subject to the forfeitures prescribed in subsection (c); except
9that, if any person engages in such offense after one or more
10prior convictions under this Section, Section 4 (a)(4) (d),
11Section 5 (d), Section 8 (d) or any law of the United States or
12of any State relating to cannabis, or controlled substances as
13defined in the Illinois Controlled Substances Act, in addition
14to the fine and forfeiture authorized above, he shall be guilty
15of a Class 1 felony for which an offender may not be sentenced
16to death.
17    (b) For purposes of this section, a person engages in a
18calculated criminal cannabis conspiracy when:
19    (1) he violates Section 4 (a)(4) (d), 4 (a)(5) (e), 5 (d), 5
20(e), 8 (c) or 8 (d) of this Act; and
21    (2) such violation is a part of a conspiracy undertaken or
22carried on with 2 or more other persons; and
23    (3) he obtains anything of value greater than $500 from, or
24organizes, directs or finances such violation or conspiracy.
25    (c) Any person who is convicted under this Section of

 

 

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1engaging in a calculated criminal cannabis conspiracy shall
2forfeit to the State of Illinois:
3    (1) the receipts obtained by him in such conspiracy; and
4    (2) any of his interests in, claims against, receipts from,
5or property or rights of any kind affording a source of
6influence over, such conspiracy.
7    (d) The circuit court may enter such injunctions,
8restraining orders, directions, or prohibitions, or take such
9other actions, including the acceptance of satisfactory
10performance bonds, in connection with any property, claim,
11receipt, right or other interest subject to forfeiture under
12this Section, as it deems proper.
13(Source: P.A. 84-1233.)
 
14    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
15    Sec. 10. (a) Whenever any person who has not previously
16been convicted of, or placed on probation or court supervision
17for, any offense under this Act or any law of the United States
18or of any State relating to cannabis, or controlled substances
19as defined in the Illinois Controlled Substances Act, pleads
20guilty to or is found guilty of violating Sections 4(a), 4(b),
214(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
22entering a judgment and with the consent of such person,
23sentence him to probation.
24    (b) When a person is placed on probation, the court shall
25enter an order specifying a period of probation of 24 months,

 

 

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1and shall defer further proceedings in the case until the
2conclusion of the period or until the filing of a petition
3alleging violation of a term or condition of probation.
4    (c) The conditions of probation shall be that the person:
5(1) not violate any criminal statute of any jurisdiction; (2)
6refrain from possession of a firearm or other dangerous weapon;
7(3) submit to periodic drug testing at a time and in a manner
8as ordered by the court, but no less than 3 times during the
9period of the probation, with the cost of the testing to be
10paid by the probationer; and (4) perform no less than 30 hours
11of community service, provided community service is available
12in the jurisdiction and is funded and approved by the county
13board.
14    (d) The court may, in addition to other conditions, require
15that the person:
16        (1) make a report to and appear in person before or
17    participate with the court or such courts, person, or
18    social service agency as directed by the court in the order
19    of probation;
20        (2) pay a fine and costs;
21        (3) work or pursue a course of study or vocational
22    training;
23        (4) undergo medical or psychiatric treatment; or
24    treatment for drug addiction or alcoholism;
25        (5) attend or reside in a facility established for the
26    instruction or residence of defendants on probation;

 

 

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1        (6) support his dependents;
2        (7) refrain from possessing a firearm or other
3    dangerous weapon;
4        (7-5) refrain from having in his or her body the
5    presence of any illicit drug prohibited by the Cannabis
6    Control Act, the Illinois Controlled Substances Act, or the
7    Methamphetamine Control and Community Protection Act,
8    unless prescribed by a physician, and submit samples of his
9    or her blood or urine or both for tests to determine the
10    presence of any illicit drug;
11        (8) and in addition, if a minor:
12            (i) reside with his parents or in a foster home;
13            (ii) attend school;
14            (iii) attend a non-residential program for youth;
15            (iv) contribute to his own support at home or in a
16        foster home.
17    (e) Upon violation of a term or condition of probation, the
18court may enter a judgment on its original finding of guilt and
19proceed as otherwise provided.
20    (f) Upon fulfillment of the terms and conditions of
21probation, the court shall discharge such person and dismiss
22the proceedings against him.
23    (g) A disposition of probation is considered to be a
24conviction for the purposes of imposing the conditions of
25probation and for appeal, however, discharge and dismissal
26under this Section is not a conviction for purposes of

 

 

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1disqualification or disabilities imposed by law upon
2conviction of a crime (including the additional penalty imposed
3for subsequent offenses under Section 4(a)(4), 4(c), 4(d), 5(c)
4or 5(d) of this Act).
5    (h) Discharge and dismissal under this Section, Section 410
6of the Illinois Controlled Substances Act, Section 70 of the
7Methamphetamine Control and Community Protection Act, Section
85-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
9subsection (c) of Section 11-14 of the Criminal Code of 1961 or
10the Criminal Code of 2012 may occur only once with respect to
11any person.
12    (i) If a person is convicted of an offense under this Act,
13the Illinois Controlled Substances Act, or the Methamphetamine
14Control and Community Protection Act within 5 years subsequent
15to a discharge and dismissal under this Section, the discharge
16and dismissal under this Section shall be admissible in the
17sentencing proceeding for that conviction as a factor in
18aggravation.
19(Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13;
2098-164, eff. 1-1-14.)
 
21    Section 20. The Code of Criminal Procedure of 1963 is
22amended by adding Section 111-3.1 as follows:
 
23    (725 ILCS 5/111-3.1 new)
24    Sec. 111-3.1. Uniform Cannabis Ticket.

 

 

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1    (a) As used in this Section, "local authorities" means a
2duly organized State, county, or municipal peace unit or police
3force.
4    (b) For violation of paragraph (1) of subsection (a) of
5Section 4 of the Cannabis Control Act, the local authorities
6having jurisdiction shall, except as otherwise provided in this
7Section, charge the violation by a Uniform Cannabis Ticket. A
8copy of the Uniform Cannabis Ticket shall be sent to the
9circuit court clerk, within 30 days, but in no event later than
1090 days after the violation. The Uniform Cannabis Ticket shall
11include:
12        (1) the name and address of the defendant;
13        (2) the violation charged;
14        (3) the municipality where the violation occurred or if
15    in an unincorporated area the county where the violation
16    occurred;
17        (4) the statutory fine for the offense;
18        (5) the date by which the fine must be paid or plea of
19    not guilty entered by the defendant;
20        (6) a warning that failure to pay the fine or enter a
21    plea of not guilty by the date set in the Ticket, may
22    result in an order of contempt by the court and shall
23    result in issuance of a warrant of arrest for the
24    defendant; and
25        (7) a notice that the person may plead guilty and pay
26    the fine to the circuit court clerk or enter a plea of not

 

 

HB4010- 85 -LRB099 11225 RLC 31759 b

1    guilty to the circuit court clerk and request a trial.
2    (c) A person may not be arrested for an offense subject to
3charging by a Uniform Cannabis Ticket, except as provided in
4this subsection. A person may be arrested if:
5        (1) he or she is in possession of an identification
6    card, license, or other form of identification issued by
7    the federal government, this State or any other state,
8    municipality, or college or university, and fails to
9    produce the identification upon request of a police officer
10    who informs the person that he or she has been found in
11    possession of what appears to the officer to be a violation
12    of paragraph (1) of subsection (a) of Section 4 of the
13    Cannabis Control Act;
14        (2) he or she is without any form of identification and
15    fails or refuses to truthfully provide his or her name,
16    address, and date of birth to a police officer who has
17    informed the person that the officer intends to issue the
18    person with a Uniform Cannabis Ticket for a violation of
19    paragraph (1) of subsection (a) of Section 4 of the
20    Cannabis Control Act; or
21        (3) he or she fails to pay the fine or enter a plea of
22    not guilty within the time period set in the Uniform
23    Cannabis Ticket.
24    (d) The amount of bail for the offense charged by a Uniform
25Cannabis Ticket shall be the amount as the Illinois Supreme
26Court may establish by rule.

 

 

HB4010- 86 -LRB099 11225 RLC 31759 b

1    (e) The copy of the Uniform Cannabis Ticket filed with the
2circuit court constitutes a complaint to which the defendant
3may plead, unless he or she specifically requests that a
4verified complaint be filed. A Uniform Cannabis Ticket may be
5satisfied without a court appearance by a written plea of
6guilty, and payment of fines and costs equal to $100, and if a
7failure to appear to answer the charge has been entered, in
8which case the fine and costs shall be equal to the $100 fine
9plus $35. The balance remaining after deducting the amount
10required by Section 27.1a or 27.2a of the Clerks of Courts Act
11shall be distributed as follows:
12        (1) 44.5% shall be disbursed to the entity authorized
13    to receive the fine imposed in the case;
14        (2) 16.825% shall be disbursed to the State Treasurer;
15    and
16        (3) 38.675% shall be disbursed to the county's general
17    corporate fund.
18    (f) Except as otherwise provided in this Section, no other
19fines, fees, penalties, or costs shall be assessed on a
20conviction or plea of guilty to a Uniform Cannabis Ticket.
21    (g) A defendant who fails to pay the fine or enter a plea
22of not guilty within the time period set in the Uniform
23Cannabis Ticket is guilty of a regulatory offense as provided
24in the offense charged in the Ticket.
25    (h) Nothing contained in this Section shall prohibit a unit
26of local government from enacting an ordinance or bylaw

 

 

HB4010- 87 -LRB099 11225 RLC 31759 b

1regulating or prohibiting the consumption of cannabis in public
2places and providing for additional penalties for the public
3use of cannabis, provided that the penalties are not greater
4than those for the public consumption of alcohol.
5    (i) No issuance of a Uniform Cannabis Ticket, conviction,
6or entry of a plea of guilty to a Uniform Cannabis Ticket shall
7be considered a criminal offense or a violation of parole,
8mandatory supervised release, probation, conditional
9discharge, or supervision.
10    (j) No Uniform Cannabis Ticket for a violation of paragraph
11(1) of subsection (a) of Section 4 of the Cannabis Control Act
12shall be maintained in any criminal record or database.
 
13    Section 25. The Unified Code of Corrections is amended by
14changing Sections 5-9-1.1 and 5-9-1.4 and by adding Sections
155-1-18.1-1 and 5-4.5-83 as follows:
 
16    (730 ILCS 5/5-1-18.1-1 new)
17    Sec. 5-1-18.1-1. Regulatory Offense. "Regulatory offense"
18means an offense which is not to be considered a criminal
19offense and for which a fine in the amount specified in the
20offense is the only allowed disposition.
 
21    (730 ILCS 5/5-4.5-83 new)
22    Sec. 5-4.5-83. REGULATORY OFFENSES; SENTENCE.
23    (a) FINE. A defendant may be sentenced to pay a fine not to

 

 

HB4010- 88 -LRB099 11225 RLC 31759 b

1exceed for each offense the amount specified in the statute
2defining that offense.
3    (b) PROBATION; CONDITIONAL DISCHARGE. A period of
4probation or conditional discharge shall not be imposed.
5    (c) SUPERVISION. A period of supervision shall not be
6imposed.
7    (d) NO CRIMINAL OFFENSE. A regulatory offense shall not be
8considered a criminal offense, for any purpose, or a violation
9of parole, mandatory supervised release, probation,
10conditional discharge, or supervision.
11    (e) RECORDS. Upon final disposition and payment of all
12fines and costs in relation to a regulatory offense after a
13court appearance before a judge, the judge shall order the
14sealing of the records of or relating to the regulatory offense
15from the official records kept by the circuit court clerk, as
16well as the obliteration of the name of the defendant from the
17official index requested to be kept by the circuit court clerk
18under Section 16 of the Clerks of Court Act. Upon final
19disposition and payment of all fines and costs in relation to a
20regulatory offense when a court appearance before a judge did
21not occur, the circuit court clerk shall immediately seek a
22court order to seal the records of or relating to the
23regulatory offense from the official records kept by the
24circuit court clerk, as well as the obliteration of the name of
25the defendant from the official index requested to be kept by
26the circuit court clerk under Section 16 of the Clerks of Court

 

 

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1Act. Upon entry of a sealing order, no information of any
2character relating to its records shall be given or furnished
3by the circuit court clerk to any person, bureau, or
4institution other than as provided in this Act or other State
5law, or when a governmental unit is required by state or
6federal law to consider this information in the performance of
7its duties. The circuit court clerk shall retain the records
8sealed under this subsection (e). The sealed records maintained
9under this subsection; however, are exempt from disclosure
10under the Freedom of Information Act. No regulatory offense
11record shall be maintained in any criminal record or database.
 
12    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)
13    (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234,
1497-545, and 98-537)
15    Sec. 5-9-1.1. Drug related offenses.
16    (a) Except for a conviction or plea of guilty to a Uniform
17Cannabis Ticket, when When a person has been adjudged guilty of
18a drug related offense involving possession or delivery of
19cannabis or possession or delivery of a controlled substance,
20other than methamphetamine, as defined in the Cannabis Control
21Act, as amended, or the Illinois Controlled Substances Act, as
22amended, in addition to any other penalty imposed, a fine shall
23be levied by the court at not less than the full street value
24of the cannabis or controlled substances seized.
25    "Street value" shall be determined by the court on the

 

 

HB4010- 90 -LRB099 11225 RLC 31759 b

1basis of testimony of law enforcement personnel and the
2defendant as to the amount seized and such testimony as may be
3required by the court as to the current street value of the
4cannabis or controlled substance seized.
5    (b) In addition to any penalty imposed under subsection (a)
6of this Section, a fine of $100 shall be levied by the court,
7the proceeds of which shall be collected by the Circuit Clerk
8and remitted to the State Treasurer under Section 27.6 of the
9Clerks of Courts Act for deposit into the Trauma Center Fund
10for distribution as provided under Section 3.225 of the
11Emergency Medical Services (EMS) Systems Act.
12    (c) In addition to any penalty imposed under subsection (a)
13of this Section, a fee of $5 shall be assessed by the court,
14the proceeds of which shall be collected by the Circuit Clerk
15and remitted to the State Treasurer under Section 27.6 of the
16Clerks of Courts Act for deposit into the Spinal Cord Injury
17Paralysis Cure Research Trust Fund. This additional fee of $5
18shall not be considered a part of the fine for purposes of any
19reduction in the fine for time served either before or after
20sentencing.
21    (d) In addition to any penalty imposed under subsection (a)
22of this Section for a drug related offense involving possession
23or delivery of cannabis or possession or delivery of a
24controlled substance as defined in the Cannabis Control Act,
25the Illinois Controlled Substances Act, or the Methamphetamine
26Control and Community Protection Act, a fee of $50 shall be

 

 

HB4010- 91 -LRB099 11225 RLC 31759 b

1assessed by the court, the proceeds of which shall be collected
2by the Circuit Clerk and remitted to the State Treasurer under
3Section 27.6 of the Clerks of Courts Act for deposit into the
4Performance-enhancing Substance Testing Fund. This additional
5fee of $50 shall not be considered a part of the fine for
6purposes of any reduction in the fine for time served either
7before or after sentencing. The provisions of this subsection
8(d), other than this sentence, are inoperative after June 30,
92011.
10    (e) In addition to any penalty imposed under subsection (a)
11of this Section, a $25 assessment shall be assessed by the
12court, the proceeds of which shall be collected by the Circuit
13Clerk and remitted to the State Treasurer for deposit into the
14Criminal Justice Information Projects Fund. The moneys
15deposited into the Criminal Justice Information Projects Fund
16under this Section shall be appropriated to and administered by
17the Illinois Criminal Justice Information Authority for
18funding of drug task forces and Metropolitan Enforcement
19Groups.
20    (f) In addition to any penalty imposed under subsection (a)
21of this Section, a $20 assessment shall be assessed by the
22court, the proceeds of which shall be collected by the Circuit
23Clerk. Of the collected proceeds, (i) 90% shall be remitted to
24the State Treasurer for deposit into the Prescription Pill and
25Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
26the Criminal Justice Information Projects Fund, for use by the

 

 

HB4010- 92 -LRB099 11225 RLC 31759 b

1Illinois Criminal Justice Information Authority for the costs
2associated with making grants from the Prescription Pill and
3Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
4for deposit into the Circuit Court Clerk Operation and
5Administrative Fund for the costs associated with
6administering this subsection.
7(Source: P.A. 97-545, eff. 1-1-12; 98-537, eff. 8-23-13.)
 
8    (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234,
997-545, and 98-537)
10    Sec. 5-9-1.1. Drug related offenses.
11    (a) Except for a conviction or plea of guilty to a Uniform
12Cannabis Ticket, when When a person has been adjudged guilty of
13a drug related offense involving possession or delivery of
14cannabis or possession or delivery of a controlled substance as
15defined in the Cannabis Control Act, the Illinois Controlled
16Substances Act, or the Methamphetamine Control and Community
17Protection Act, in addition to any other penalty imposed, a
18fine shall be levied by the court at not less than the full
19street value of the cannabis or controlled substances seized.
20    "Street value" shall be determined by the court on the
21basis of testimony of law enforcement personnel and the
22defendant as to the amount seized and such testimony as may be
23required by the court as to the current street value of the
24cannabis or controlled substance seized.
25    (b) In addition to any penalty imposed under subsection (a)

 

 

HB4010- 93 -LRB099 11225 RLC 31759 b

1of this Section, a fine of $100 shall be levied by the court,
2the proceeds of which shall be collected by the Circuit Clerk
3and remitted to the State Treasurer under Section 27.6 of the
4Clerks of Courts Act for deposit into the Trauma Center Fund
5for distribution as provided under Section 3.225 of the
6Emergency Medical Services (EMS) Systems Act.
7    (c) In addition to any penalty imposed under subsection (a)
8of this Section, a fee of $5 shall be assessed by the court,
9the proceeds of which shall be collected by the Circuit Clerk
10and remitted to the State Treasurer under Section 27.6 of the
11Clerks of Courts Act for deposit into the Spinal Cord Injury
12Paralysis Cure Research Trust Fund. This additional fee of $5
13shall not be considered a part of the fine for purposes of any
14reduction in the fine for time served either before or after
15sentencing.
16    (d) In addition to any penalty imposed under subsection (a)
17of this Section for a drug related offense involving possession
18or delivery of cannabis or possession or delivery of a
19controlled substance as defined in the Cannabis Control Act,
20the Illinois Controlled Substances Act, or the Methamphetamine
21Control and Community Protection Act, a fee of $50 shall be
22assessed by the court, the proceeds of which shall be collected
23by the Circuit Clerk and remitted to the State Treasurer under
24Section 27.6 of the Clerks of Courts Act for deposit into the
25Performance-enhancing Substance Testing Fund. This additional
26fee of $50 shall not be considered a part of the fine for

 

 

HB4010- 94 -LRB099 11225 RLC 31759 b

1purposes of any reduction in the fine for time served either
2before or after sentencing. The provisions of this subsection
3(d), other than this sentence, are inoperative after June 30,
42011.
5    (e) In addition to any penalty imposed under subsection (a)
6of this Section, a $25 assessment shall be assessed by the
7court, the proceeds of which shall be collected by the Circuit
8Clerk and remitted to the State Treasurer for deposit into the
9Criminal Justice Information Projects Fund. The moneys
10deposited into the Criminal Justice Information Projects Fund
11under this Section shall be appropriated to and administered by
12the Illinois Criminal Justice Information Authority for
13funding of drug task forces and Metropolitan Enforcement
14Groups.
15    (f) In addition to any penalty imposed under subsection (a)
16of this Section, a $20 assessment shall be assessed by the
17court, the proceeds of which shall be collected by the Circuit
18Clerk. Of the collected proceeds, (i) 90% shall be remitted to
19the State Treasurer for deposit into the Prescription Pill and
20Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
21the Criminal Justice Information Projects Fund, for use by the
22Illinois Criminal Justice Information Authority for the costs
23associated with making grants from the Prescription Pill and
24Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
25for deposit into the Circuit Court Clerk Operation and
26Administrative Fund for the costs associated with

 

 

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1administering this subsection.
2(Source: P.A. 97-545, eff. 1-1-12; 98-537, eff. 8-23-13.)
 
3    (730 ILCS 5/5-9-1.4)  (from Ch. 38, par. 1005-9-1.4)
4    Sec. 5-9-1.4. (a) "Crime laboratory" means any
5not-for-profit laboratory registered with the Drug Enforcement
6Administration of the United States Department of Justice,
7substantially funded by a unit or combination of units of local
8government or the State of Illinois, which regularly employs at
9least one person engaged in the analysis of controlled
10substances, cannabis, methamphetamine, or steroids for
11criminal justice agencies in criminal matters and provides
12testimony with respect to such examinations.
13    (b) Except for a conviction or plea of guilty to a Uniform
14Cannabis Ticket, when When a person has been adjudged guilty of
15an offense in violation of the Cannabis Control Act, the
16Illinois Controlled Substances Act, the Methamphetamine
17Control and Community Protection Act, or the Steroid Control
18Act, in addition to any other disposition, penalty or fine
19imposed, a criminal laboratory analysis fee of $100 for each
20offense for which he was convicted shall be levied by the
21court. Any person placed on probation pursuant to Section 10 of
22the Cannabis Control Act, Section 410 of the Illinois
23Controlled Substances Act, Section 70 of the Methamphetamine
24Control and Community Protection Act, or Section 10 of the
25Steroid Control Act or placed on supervision for a violation of

 

 

HB4010- 96 -LRB099 11225 RLC 31759 b

1the Cannabis Control Act, the Illinois Controlled Substances
2Act or the Steroid Control Act shall be assessed a criminal
3laboratory analysis fee of $100 for each offense for which he
4was charged. Upon verified petition of the person, the court
5may suspend payment of all or part of the fee if it finds that
6the person does not have the ability to pay the fee.
7    (c) In addition to any other disposition made pursuant to
8the provisions of the Juvenile Court Act of 1987, any minor
9adjudicated delinquent for an offense which if committed by an
10adult would constitute a violation of the Cannabis Control Act,
11the Illinois Controlled Substances Act, the Methamphetamine
12Control and Community Protection Act, or the Steroid Control
13Act shall be assessed a criminal laboratory analysis fee of
14$100 for each adjudication. Upon verified petition of the
15minor, the court may suspend payment of all or part of the fee
16if it finds that the minor does not have the ability to pay the
17fee. The parent, guardian or legal custodian of the minor may
18pay some or all of such fee on the minor's behalf.
19    (d) All criminal laboratory analysis fees provided for by
20this Section shall be collected by the clerk of the court and
21forwarded to the appropriate crime laboratory fund as provided
22in subsection (f).
23    (e) Crime laboratory funds shall be established as follows:
24        (1) Any unit of local government which maintains a
25    crime laboratory may establish a crime laboratory fund
26    within the office of the county or municipal treasurer.

 

 

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1        (2) Any combination of units of local government which
2    maintains a crime laboratory may establish a crime
3    laboratory fund within the office of the treasurer of the
4    county where the crime laboratory is situated.
5        (3) The State Crime Laboratory Fund is hereby created
6    as a special fund in the State Treasury.
7    (f) The analysis fee provided for in subsections (b) and
8(c) of this Section shall be forwarded to the office of the
9treasurer of the unit of local government that performed the
10analysis if that unit of local government has established a
11crime laboratory fund, or to the State Crime Laboratory Fund if
12the analysis was performed by a laboratory operated by the
13Illinois State Police. If the analysis was performed by a crime
14laboratory funded by a combination of units of local
15government, the analysis fee shall be forwarded to the
16treasurer of the county where the crime laboratory is situated
17if a crime laboratory fund has been established in that county.
18If the unit of local government or combination of units of
19local government has not established a crime laboratory fund,
20then the analysis fee shall be forwarded to the State Crime
21Laboratory Fund. The clerk of the circuit court may retain the
22amount of $10 from each collected analysis fee to offset
23administrative costs incurred in carrying out the clerk's
24responsibilities under this Section.
25    (g) Fees deposited into a crime laboratory fund created
26pursuant to paragraphs (1) or (2) of subsection (e) of this

 

 

HB4010- 98 -LRB099 11225 RLC 31759 b

1Section shall be in addition to any allocations made pursuant
2to existing law and shall be designated for the exclusive use
3of the crime laboratory. These uses may include, but are not
4limited to, the following:
5        (1) costs incurred in providing analysis for
6    controlled substances in connection with criminal
7    investigations conducted within this State;
8        (2) purchase and maintenance of equipment for use in
9    performing analyses; and
10        (3) continuing education, training and professional
11    development of forensic scientists regularly employed by
12    these laboratories.
13    (h) Fees deposited in the State Crime Laboratory Fund
14created pursuant to paragraph (3) of subsection (d) of this
15Section shall be used by State crime laboratories as designated
16by the Director of State Police. These funds shall be in
17addition to any allocations made pursuant to existing law and
18shall be designated for the exclusive use of State crime
19laboratories. These uses may include those enumerated in
20subsection (g) of this Section.
21(Source: P.A. 94-556, eff. 9-11-05.)

 

 

HB4010- 99 -LRB099 11225 RLC 31759 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 2630/5from Ch. 38, par. 206-5
4    20 ILCS 2630/5.2
5    705 ILCS 105/16from Ch. 25, par. 16
6    705 ILCS 105/27.1afrom Ch. 25, par. 27.1a
7    705 ILCS 105/27.2afrom Ch. 25, par. 27.2a
8    705 ILCS 105/27.3bfrom Ch. 25, par. 27.3b
9    720 ILCS 550/1from Ch. 56 1/2, par. 701
10    720 ILCS 550/4from Ch. 56 1/2, par. 704
11    720 ILCS 550/9from Ch. 56 1/2, par. 709
12    720 ILCS 550/10from Ch. 56 1/2, par. 710
13    725 ILCS 5/111-3.1 new
14    730 ILCS 5/5-1-18.1-1 new
15    730 ILCS 5/5-4.5-83 new
16    730 ILCS 5/5-9-1.1from Ch. 38, par. 1005-9-1.1
17    730 ILCS 5/5-9-1.4from Ch. 38, par. 1005-9-1.4