Illinois General Assembly - Full Text of SB0544
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Full Text of SB0544  100th General Assembly

SB0544enr 100TH GENERAL ASSEMBLY



 


 
SB0544 EnrolledLRB100 04857 SLF 14867 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. If and only if House Bill 4594 of the 100th
5General Assembly becomes law, then "AN ACT concerning fees,
6fines, and assessments" (House Bill 4594 of the 100th General
7Assembly) is amended by changing Section 1-5 as follows:
 
8    (H.B. 4594, 100th G.A., Sec. 1-5)
9    Sec. 1-5. Definitions. In this Act:
10    "Assessment" means any costs imposed on a defendant under
11schedules 1 through 13 of this Act.
12    "Business offense" means a petty offense for which the fine
13is in excess of $1,000.
14    "Case" means all charges and counts filed against a single
15defendant which are being prosecuted as a single proceeding
16before the court.
17    "Count" means each separate offense charged in the same
18indictment, information, or complaint when the indictment,
19information, or complaint alleges the commission of more than
20one offense.
21    "Conservation offense" means any violation of the
22following Acts, Codes, or ordinances, except any offense
23punishable upon conviction by imprisonment in the

 

 

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1penitentiary:
2        (1) Fish and Aquatic Life Code;
3        (2) Wildlife Code;
4        (3) Boat Registration and Safety Act;
5        (4) Park District Code;
6        (5) Chicago Park District Act;
7        (6) State Parks Act;
8        (7) State Forest Act;
9        (8) Forest Fire Protection District Act;
10        (9) Snowmobile Registration and Safety Act;
11        (10) Endangered Species Protection Act;
12        (11) Forest Products Transportation Act;
13        (12) Timber Buyers Licensing Act;
14        (13) Downstate Forest Preserve District Act;
15        (14) Exotic Weed Act;
16        (15) Ginseng Harvesting Act;
17        (16) Cave Protection Act;
18        (17) ordinances adopted under the Counties Code for the
19    acquisition of property for parks or recreational areas;
20        (18) Recreational Trails of Illinois Act;
21        (19) Herptiles-Herps Act; or
22        (20) any rule, regulation, proclamation, or ordinance
23    adopted under any Code or Act named in paragraphs (1)
24    through (19) of this definition.
25    "Conviction" means a judgment of conviction or sentence
26entered upon a plea of guilty or upon a verdict or finding of

 

 

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1guilty of an offense, rendered by a legally constituted jury or
2by a court of competent jurisdiction authorized to try the case
3without a jury.
4    "Drug offense" means any violation of the Cannabis Control
5Act, the Illinois Controlled Substances Act, the
6Methamphetamine Control and Community Protection Act, or any
7similar local ordinance which involves the possession or
8delivery of a drug.
9    "Drug-related emergency response" means the act of
10collecting evidence from or securing a site where controlled
11substances were manufactured, or where by-products from the
12manufacture of controlled substances are present, and cleaning
13up the site, whether these actions are performed by public
14entities or private contractors paid by public entities.
15    "Electronic citation" means the process of transmitting
16traffic, misdemeanor, municipal ordinance, conservation, or
17other citations and law enforcement data via electronic means
18to a circuit court clerk.
19    "Emergency response" means any incident requiring a
20response by a police officer, an ambulance, a firefighter
21carried on the rolls of a regularly constituted fire department
22or fire protection district, a firefighter of a volunteer fire
23department, or a member of a recognized not-for-profit rescue
24or emergency medical service provider. "Emergency response"
25does not include a drug-related emergency response.
26    "Felony offense" means an offense for which a sentence to a

 

 

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1term of imprisonment in a penitentiary for one year or more is
2provided.
3    "Fine" means a pecuniary punishment for a conviction as
4ordered by a court of law.
5    "Highest classified offense" means the offense in the case
6which carries the most severe potential disposition under
7Article 4.5 of the Unified Code of Corrections.
8    "Major traffic offense" means a traffic offense under the
9Illinois Vehicle Code or a similar provision of a local
10ordinance other than a petty offense or business offense.
11    "Minor traffic offense" means a petty offense or business
12offense under the Illinois Vehicle Code or a similar provision
13of a local ordinance.
14    "Misdemeanor offense" means any offense for which a
15sentence to a term of imprisonment in other than a penitentiary
16for less than one year may be imposed.
17    "Offense" means a violation of any local ordinance or penal
18statute of this State.
19    "Petty offense" means any offense for which a sentence of
20imprisonment is not an authorized disposition.
21    "Service provider costs" means costs incurred as a result
22of services provided by an entity including, but not limited
23to, traffic safety programs, laboratories, ambulance
24companies, and fire departments. "Service provider costs"
25includes conditional amounts under this Act that are
26reimbursements for services provided.

 

 

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1    "Street value" means the amount determined by the court on
2the basis of testimony of law enforcement personnel and the
3defendant as to the amount of drug or materials seized and any
4testimony as may be required by the court as to the current
5street value of the cannabis, controlled substance,
6methamphetamine or salt of an optical isomer of
7methamphetamine, or methamphetamine manufacturing materials
8seized.
9    "Supervision" means a disposition of conditional and
10revocable release without probationary supervision, but under
11the conditions and reporting requirements as are imposed by the
12court, at the successful conclusion of which disposition the
13defendant is discharged and a judgment dismissing the charges
14is entered.
15(Source: H.B. 4594, 100th G.A., Sec. 1-5.)
 
16    Section 10. If and only if the provisions of House Bill
174594 of the 100th General Assembly that are changed by this
18amendatory Act of the 100th General Assembly becomes law, then
19the Clerks of Courts Act is amended by changing Section 27.1b
20as follows:
 
21    (705 ILCS 105/27.1b)
22    Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
23other provision of law, all fees charged by the clerks of the
24circuit court for the services described in this Section shall

 

 

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1be established, collected, and disbursed in accordance with
2this Section. Except as otherwise specified in this Section,
3all All fees under this Section shall be paid in advance and
4disbursed by each clerk on a monthly basis. In a county with a
5population of over 3,000,000, units of local government and
6school districts shall not be required to pay fees under this
7Section in advance and the clerk shall instead send an itemized
8bill to the unit of local government or school district, within
930 days of the fee being incurred, and the unit of local
10government or school district shall be allowed at least 30 days
11from the date of the itemized bill to pay; these payments shall
12be disbursed by each clerk on a monthly basis. Unless otherwise
13specified in this Section, the amount of a fee shall be
14determined by ordinance or resolution of the county board and
15remitted to the county treasurer to be used for purposes
16related to the operation of the court system in the county. In
17a county with population of over 3,000,000, any amount retained
18by the clerk of the circuit court or remitted to the county
19treasurer shall be subject to appropriation by the county
20board.
21    (a) Civil cases. The fee for filing a complaint, petition,
22or other pleading initiating a civil action shall be as set
23forth in the applicable schedule under this subsection in
24accordance with case categories established by the Supreme
25Court in schedules.
26        (1) SCHEDULE 1: not to exceed a total of $366 in a

 

 

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1    county with a population of 3,000,000 or more and $316 in
2    any other county, except as applied to units of local
3    government and school districts in counties with more than
4    3,000,000 inhabitants an amount not to exceed $190 through
5    December 31, 2021 and $184 on and after January 1, 2022.
6    The fees collected under this schedule shall be disbursed
7    as follows:
8            (A) The clerk shall retain a sum, in an amount not
9        to exceed $55 in a county with a population of
10        3,000,000 or more and $45 in any other county
11        determined by the clerk with the approval of the
12        Supreme Court, to be used for court automation, court
13        document storage, and administrative purposes.
14            (B) The clerk shall remit up to $21 to the State
15        Treasurer. The State Treasurer shall deposit the
16        appropriate amounts, in accordance with the clerk's
17        instructions, as follows:
18                (i) up to $10, as specified by the Supreme
19            Court in accordance with Part 10A of Article II of
20            the Code of Civil Procedure, into the Mandatory
21            Arbitration Fund;
22                (ii) $2 into the Access to Justice Fund; and
23                (iii) $9 into the Supreme Court Special
24            Purposes Fund.
25            (C) The clerk shall remit a sum to the County
26        Treasurer, in an amount not to exceed $290 in a county

 

 

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1        with a population of 3,000,000 or more and in an amount
2        not to exceed $250 in any other county, as specified by
3        ordinance or resolution passed by the county board, for
4        purposes related to the operation of the court system
5        in the county.
6        (2) SCHEDULE 2: not to exceed a total of $357 in a
7    county with a population of 3,000,000 or more and $266 in
8    any other county, except as applied to units of local
9    government and school districts in counties with more than
10    3,000,000 inhabitants an amount not to exceed $190 through
11    December 31, 2021 and $184 on and after January 1, 2022.
12    The fees collected under this schedule shall be disbursed
13    as follows:
14            (A) The clerk shall retain a sum, in an amount not
15        to exceed $55 in a county with a population of
16        3,000,000 or more and $45 in any other county
17        determined by the clerk with the approval of the
18        Supreme Court, to be used for court automation, court
19        document storage, and administrative purposes.
20            (B) The clerk shall remit up to $21 to the State
21        Treasurer. The State Treasurer shall deposit the
22        appropriate amounts, in accordance with the clerk's
23        instructions, as follows:
24                (i) up to $10, as specified by the Supreme
25            Court in accordance with Part 10A of Article II of
26            the Code of Civil Procedure, into the Mandatory

 

 

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1            Arbitration Fund;
2                (ii) $2 into the Access to Justice Fund: and
3                (iii) $9 into the Supreme Court Special
4            Purposes Fund.
5            (C) The clerk shall remit a sum to the County
6        Treasurer, in an amount not to exceed $281 in a county
7        with a population of 3,000,000 or more and in an amount
8        not to exceed $200 in any other county, as specified by
9        ordinance or resolution passed by the county board, for
10        purposes related to the operation of the court system
11        in the county.
12        (3) SCHEDULE 3: not to exceed a total of $265 in a
13    county with a population of 3,000,000 or more and $89 in
14    any other county, except as applied to units of local
15    government and school districts in counties with more than
16    3,000,000 inhabitants an amount not to exceed $190 through
17    December 31, 2021 and $184 on and after January 1, 2022.
18    The fees collected under this schedule shall be disbursed
19    as follows:
20            (A) The clerk shall retain a sum, in an amount not
21        to exceed $55 in a county with a population of
22        3,000,000 or more and $22 in any other county
23        determined by the clerk with the approval of the
24        Supreme Court, to be used for court automation, court
25        document storage, and administrative purposes.
26            (B) The clerk shall remit $11 to the State

 

 

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1        Treasurer. The State Treasurer shall deposit the
2        appropriate amounts in accordance with the clerk's
3        instructions, as follows:
4                (i) $2 into the Access to Justice Fund; and
5                (ii) $9 into the Supreme Court Special
6            Purposes Fund.
7            (C) The clerk shall remit a sum to the County
8        Treasurer, in an amount not to exceed $199 in a county
9        with a population of 3,000,000 or more and in an amount
10        not to exceed $56 in any other county, as specified by
11        ordinance or resolution passed by the county board, for
12        purposes related to the operation of the court system
13        in the county.
14        (4) SCHEDULE 4: $0.
15    (b) Appearance. The fee for filing an appearance in a civil
16action, including a cannabis civil law action under the
17Cannabis Control Act, shall be as set forth in the applicable
18schedule under this subsection in accordance with case
19categories established by the Supreme Court in schedules.
20        (1) SCHEDULE 1: not to exceed a total of $230 in a
21    county with a population of 3,000,000 or more and $191 in
22    any other county, except as applied to units of local
23    government and school districts in counties with more than
24    3,000,000 inhabitants an amount not to exceed $75. The fees
25    collected under this schedule shall be disbursed as
26    follows:

 

 

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1            (A) The clerk shall retain a sum, in an amount not
2        to exceed $50 in a county with a population of
3        3,000,000 or more and $45 in any other county
4        determined by the clerk with the approval of the
5        Supreme Court, to be used for court automation, court
6        document storage, and administrative purposes.
7            (B) The clerk shall remit up to $21 to the State
8        Treasurer. The State Treasurer shall deposit the
9        appropriate amounts, in accordance with the clerk's
10        instructions, as follows:
11                (i) up to $10, as specified by the Supreme
12            Court in accordance with Part 10A of Article II of
13            the Code of Civil Procedure, into the Mandatory
14            Arbitration Fund;
15                (ii) $2 into the Access to Justice Fund; and
16                (iii) $9 into the Supreme Court Special
17            Purposes Fund.
18            (C) The clerk shall remit a sum to the County
19        Treasurer, in an amount not to exceed $159 in a county
20        with a population of 3,000,000 or more and in an amount
21        not to exceed $125 in any other county, as specified by
22        ordinance or resolution passed by the county board, for
23        purposes related to the operation of the court system
24        in the county.
25        (2) SCHEDULE 2: not to exceed a total of $130 in a
26    county with a population of 3,000,000 or more and $109 in

 

 

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1    any other county, except as applied to units of local
2    government and school districts in counties with more than
3    3,000,000 inhabitants an amount not to exceed $75. The fees
4    collected under this schedule shall be disbursed as
5    follows:
6            (A) The clerk shall retain a sum, in an amount not
7        to exceed $50 in a county with a population of
8        3,000,000 or more and $10 in any other county
9        determined by the clerk with the approval of the
10        Supreme Court, to be used for court automation, court
11        document storage, and administrative purposes.
12            (B) The clerk shall remit $9 to the State
13        Treasurer, which the State Treasurer shall deposit
14        into the Supreme Court Special Purpose Fund.
15            (C) The clerk shall remit a sum to the County
16        Treasurer, in an amount not to exceed $71 in a county
17        with a population of 3,000,000 or more and in an amount
18        not to exceed $90 in any other county, as specified by
19        ordinance or resolution passed by the county board, for
20        purposes related to the operation of the court system
21        in the county.
22        (3) SCHEDULE 3: $0.
23    (b-5) Kane County and Will County. In Kane County and Will
24County civil cases, there is an additional fee of up to $30 as
25set by the county board under Section 5-1101.3 of the Counties
26Code to be paid by each party at the time of filing the first

 

 

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1pleading, paper, or other appearance; provided that no
2additional fee shall be required if more than one party is
3represented in a single pleading, paper, or other appearance.
4Distribution of fees collected under this subsection (b-5)
5shall be as provided in Section 5-1101.3 of the Counties Code.
6    (c) Counterclaim or third party complaint. When any
7defendant files a counterclaim or third party complaint, as
8part of the defendant's answer or otherwise, the defendant
9shall pay a filing fee for each counterclaim or third party
10complaint in an amount equal to the filing fee the defendant
11would have had to pay had the defendant brought a separate
12action for the relief sought in the counterclaim or third party
13complaint, less the amount of the appearance fee, if any, that
14the defendant has already paid in the action in which the
15counterclaim or third party complaint is filed.
16    (d) Alias summons. The clerk shall collect a fee not to
17exceed $6 in a county with a population of 3,000,000 or more
18and $5 in any other county for each alias summons or citation
19issued by the clerk, except as applied to units of local
20government and school districts in counties with more than
213,000,000 inhabitants an amount not to exceed $5 for each alias
22summons or citation issued by the clerk.
23    (e) Jury services. The clerk shall collect, in addition to
24other fees allowed by law, a sum not to exceed $212.50, as a
25fee for the services of a jury in every civil action not
26quasi-criminal in its nature and not a proceeding for the

 

 

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1exercise of the right of eminent domain and in every other
2action wherein the right of trial by jury is or may be given by
3law. The jury fee shall be paid by the party demanding a jury
4at the time of filing the jury demand. If the fee is not paid by
5either party, no jury shall be called in the action or
6proceeding, and the action or proceeding shall be tried by the
7court without a jury.
8    (f) Change of venue. In connection with a change of venue:
9        (1) The clerk of the jurisdiction from which the case
10    is transferred may charge a fee, not to exceed $40, for the
11    preparation and certification of the record; and
12        (2) The clerk of the jurisdiction to which the case is
13    transferred may charge the same filing fee as if it were
14    the commencement of a new suit.
15    (g) Petition to vacate or modify.
16        (1) In a proceeding involving a petition to vacate or
17    modify any final judgment or order filed within 30 days
18    after the judgment or order was entered, except for a
19    forcible entry and detainer case, small claims case,
20    petition to reopen an estate, petition to modify,
21    terminate, or enforce a judgment or order for child or
22    spousal support, or petition to modify, suspend, or
23    terminate an order for withholding, the fee shall not
24    exceed $60 in a county with a population of 3,000,000 or
25    more and $50 in any other county, except as applied to
26    units of local government and school districts in counties

 

 

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1    with more than 3,000,000 inhabitants an amount not to
2    exceed $50.
3        (2) In a proceeding involving a petition to vacate or
4    modify any final judgment or order filed more than 30 days
5    after the judgment or order was entered, except for a
6    petition to modify, terminate, or enforce a judgment or
7    order for child or spousal support, or petition to modify,
8    suspend, or terminate an order for withholding, the fee
9    shall not exceed $75.
10        (3) In a proceeding involving a motion to vacate or
11    amend a final order, motion to vacate an ex parte judgment,
12    judgment of forfeiture, or "failure to appear" or "failure
13    to comply" notices sent to the Secretary of State, the fee
14    shall equal $40.
15    (h) Appeals preparation. The fee for preparation of a
16record on appeal shall be based on the number of pages, as
17follows:
18        (1) if the record contains no more than 100 pages, the
19    fee shall not exceed $70 in a county with a population of
20    3,000,000 or more and $50 in any other county;
21        (2) if the record contains between 100 and 200 pages,
22    the fee shall not exceed $100; and
23        (3) if the record contains 200 or more pages, the clerk
24    may collect an additional fee not to exceed 25 cents per
25    page.
26    (i) Remands. In any cases remanded to the circuit court

 

 

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1from the Supreme Court or the appellate court for a new trial,
2the clerk shall reinstate the case with either its original
3number or a new number. The clerk shall not charge any new or
4additional fee for the reinstatement. Upon reinstatement, the
5clerk shall advise the parties of the reinstatement. Parties
6shall have the same right to a jury trial on remand and
7reinstatement that they had before the appeal, and no
8additional or new fee or charge shall be made for a jury trial
9after remand.
10    (j) Garnishment, wage deduction, and citation. In
11garnishment affidavit, wage deduction affidavit, and citation
12petition proceedings:
13        (1) if the amount in controversy in the proceeding is
14    not more than $1,000, the fee may not exceed $35 in a
15    county with a population of 3,000,000 or more and $15 in
16    any other county, except as applied to units of local
17    government and school districts in counties with more than
18    3,000,000 inhabitants an amount not to exceed $15;
19        (2) if the amount in controversy in the proceeding is
20    greater than $1,000 and not more than $5,000, the fee may
21    not exceed $45 in a county with a population of 3,000,000
22    or more and $30 in any other county, except as applied to
23    units of local government and school districts in counties
24    with more than 3,000,000 inhabitants an amount not to
25    exceed $30; and
26        (3) if the amount in controversy in the proceeding is

 

 

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1    greater than $5,000, the fee may not exceed $65 in a county
2    with a population of 3,000,000 or more and $50 in any other
3    county, except as applied to units of local government and
4    school districts in counties with more than 3,000,000
5    inhabitants an amount not to exceed $50.
6    (j-5) Debt Collection. In any proceeding to collect a debt
7subject to the exception in item (ii) of subparagraph (A-5) of
8paragraph (1) of subsection (z) of this Section, the circuit
9court shall order and the clerk shall collect from each
10judgment debtor a fee of:
11        (1) $35 if the amount in controversy in the proceeding
12    is not more than $1,000;
13        (2) $45 if the amount in controversy in the proceeding
14    is greater than $1,000 and not more than $5,000; and
15        (3) $65 if the amount in controversy in the proceeding
16    is greater than $5,000.
17    (k) Collections.
18        (1) For all collections made of others, except the
19    State and county and except in maintenance or child support
20    cases, the clerk may collect a fee of up to 2.5% of the
21    amount collected and turned over.
22        (2) In child support and maintenance cases, the clerk
23    may collect an annual fee of up to $36 from the person
24    making payment for maintaining child support records and
25    the processing of support orders to the State of Illinois
26    KIDS system and the recording of payments issued by the

 

 

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1    State Disbursement Unit for the official record of the
2    Court. This fee is in addition to and separate from amounts
3    ordered to be paid as maintenance or child support and
4    shall be deposited into a Separate Maintenance and Child
5    Support Collection Fund, of which the clerk shall be the
6    custodian, ex officio, to be used by the clerk to maintain
7    child support orders and record all payments issued by the
8    State Disbursement Unit for the official record of the
9    Court. The clerk may recover from the person making the
10    maintenance or child support payment any additional cost
11    incurred in the collection of this annual fee.
12        (3) The clerk may collect a fee of $5 for
13    certifications made to the Secretary of State as provided
14    in Section 7-703 of the Family Financial Responsibility Law
15    and these fees shall be deposited into the Separate
16    Maintenance and Child Support Collection Fund.
17        (4) In proceedings to foreclose the lien of delinquent
18    real estate taxes State's Attorneys shall receive a fee of
19    10% of the total amount realized from the sale of real
20    estate sold in the proceedings. The clerk shall collect the
21    fee from the total amount realized from the sale of the
22    real estate sold in the proceedings and remit to the County
23    Treasurer to be credited to the earnings of the Office of
24    State's Attorney.
25    (l) Mailing. The fee for the clerk mailing documents shall
26not exceed $10 plus the cost of postage.

 

 

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1    (m) Certified copies. The fee for each certified copy of a
2judgment, after the first copy, shall not exceed $10.
3    (n) Certification, authentication, and reproduction.
4        (1) The fee for each certification or authentication
5    for taking the acknowledgment of a deed or other instrument
6    in writing with the seal of office shall not exceed $6.
7        (2) The fee for reproduction of any document contained
8    in the clerk's files shall not exceed:
9            (A) $2 for the first page;
10            (B) 50 cents per page for the next 19 pages; and
11            (C) 25 cents per page for all additional pages.
12    (o) Record search. For each record search, within a
13division or municipal district, the clerk may collect a search
14fee not to exceed $6 for each year searched.
15    (p) Hard copy. For each page of hard copy print output,
16when case records are maintained on an automated medium, the
17clerk may collect a fee not to exceed $10 in a county with a
18population of 3,000,000 or more and $6 in any other county,
19except as applied to units of local government and school
20districts in counties with more than 3,000,000 inhabitants an
21amount not to exceed $6.
22    (q) Index inquiry and other records. No fee shall be
23charged for a single plaintiff and defendant index inquiry or
24single case record inquiry when this request is made in person
25and the records are maintained in a current automated medium,
26and when no hard copy print output is requested. The fees to be

 

 

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1charged for management records, multiple case records, and
2multiple journal records may be specified by the Chief Judge
3pursuant to the guidelines for access and dissemination of
4information approved by the Supreme Court.
5    (r) Performing a marriage. There shall be a $10 fee for
6performing a marriage in court.
7    (s) Voluntary assignment. For filing each deed of voluntary
8assignment, the clerk shall collect a fee not to exceed $20.
9For recording a deed of voluntary assignment, the clerk shall
10collect a fee not to exceed 50 cents for each 100 words.
11Exceptions filed to claims presented to an assignee of a debtor
12who has made a voluntary assignment for the benefit of
13creditors shall be considered and treated, for the purpose of
14taxing costs therein, as actions in which the party or parties
15filing the exceptions shall be considered as party or parties
16plaintiff, and the claimant or claimants as party or parties
17defendant, and those parties respectively shall pay to the
18clerk the same fees as provided by this Section to be paid in
19other actions.
20    (t) Expungement petition. The clerk may collect a fee not
21to exceed $60 for each expungement petition filed and an
22additional fee not to exceed $4 for each certified copy of an
23order to expunge arrest records.
24    (u) Transcripts of judgment. For the filing of a transcript
25of judgment, the clerk may collect the same fee as if it were
26the commencement of a new suit.

 

 

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1    (v) Probate filings.
2        (1) For each account (other than one final account)
3    filed in the estate of a decedent, or ward, the fee shall
4    not exceed $25.
5        (2) For filing a claim in an estate when the amount
6    claimed is greater than $150 and not more than $500, the
7    fee shall not exceed $40 in a county with a population of
8    3,000,000 or more and $25 in any other county; when the
9    amount claimed is greater than $500 and not more than
10    $10,000, the fee shall not exceed $55 in a county with a
11    population of 3,000,000 or more and $40 in any other
12    county; and when the amount claimed is more than $10,000,
13    the fee shall not exceed $75 in a county with a population
14    of 3,000,000 or more and $60 in any other county; except
15    the court in allowing a claim may add to the amount allowed
16    the filing fee paid by the claimant.
17        (3) For filing in an estate a claim, petition, or
18    supplemental proceeding based upon an action seeking
19    equitable relief including the construction or contest of a
20    will, enforcement of a contract to make a will, and
21    proceedings involving testamentary trusts or the
22    appointment of testamentary trustees, the fee shall not
23    exceed $60.
24        (4) There shall be no fee for filing in an estate: (i)
25    the appearance of any person for the purpose of consent; or
26    (ii) the appearance of an executor, administrator,

 

 

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1    administrator to collect, guardian, guardian ad litem, or
2    special administrator.
3        (5) For each jury demand, the fee shall not exceed
4    $137.50.
5        (6) For each certified copy of letters of office, of
6    court order, or other certification, the fee shall not
7    exceed $2 per page.
8        (7) For each exemplification, the fee shall not exceed
9    $2, plus the fee for certification.
10        (8) The executor, administrator, guardian, petitioner,
11    or other interested person or his or her attorney shall pay
12    the cost of publication by the clerk directly to the
13    newspaper.
14        (9) The person on whose behalf a charge is incurred for
15    witness, court reporter, appraiser, or other miscellaneous
16    fees shall pay the same directly to the person entitled
17    thereto.
18        (10) The executor, administrator, guardian,
19    petitioner, or other interested person or his or her
20    attorney shall pay to the clerk all postage charges
21    incurred by the clerk in mailing petitions, orders,
22    notices, or other documents pursuant to the provisions of
23    the Probate Act of 1975.
24    (w) Corrections of numbers. For correction of the case
25number, case title, or attorney computer identification
26number, if required by rule of court, on any document filed in

 

 

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1the clerk's office, to be charged against the party that filed
2the document, the fee shall not exceed $25.
3    (x) Miscellaneous.
4        (1) Interest earned on any fees collected by the clerk
5    shall be turned over to the county general fund as an
6    earning of the office.
7        (2) For any check, draft, or other bank instrument
8    returned to the clerk for non-sufficient funds, account
9    closed, or payment stopped, the clerk shall collect a fee
10    of $25.
11    (y) Other fees. The clerk of the circuit court may provide
12services in connection with the operation of the clerk's
13office, other than those services mentioned in this Section, as
14may be requested by the public and agreed to by the clerk and
15approved by the Chief Judge. Any charges for additional
16services shall be as agreed to between the clerk and the party
17making the request and approved by the Chief Judge. Nothing in
18this subsection shall be construed to require any clerk to
19provide any service not otherwise required by law.
20    (y-5) Unpaid fees. Unless a court ordered payment schedule
21is implemented or the fee requirements of this Section are
22waived under a court order, the clerk of the circuit court may
23add to any unpaid fees and costs under this Section a
24delinquency amount equal to 5% of the unpaid fees that remain
25unpaid after 30 days, 10% of the unpaid fees that remain unpaid
26after 60 days, and 15% of the unpaid fees that remain unpaid

 

 

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1after 90 days. Notice to those parties may be made by signage
2posting or publication. The additional delinquency amounts
3collected under this Section shall be used to defray additional
4administrative costs incurred by the clerk of the circuit court
5in collecting unpaid fees and costs.
6    (z) Exceptions.
7        (1) No fee authorized by this Section shall apply to:
8            (A) police departments or other law enforcement
9        agencies. In this Section, "law enforcement agency"
10        means: an agency of the State or agency of a unit of
11        local government which is vested by law or ordinance
12        with the duty to maintain public order and to enforce
13        criminal laws or ordinances; the Attorney General; or
14        any State's Attorney;
15            (A-5) any unit of local government or school
16        district, except in counties having a population of
17        500,000 or more the county board may by resolution set
18        fees for units of local government or school districts
19        no greater than the minimum fees applicable in counties
20        with a population less than 3,000,000; provided
21        however, no fee may be charged to any unit of local
22        government or school district in connection with any
23        action which, in whole or in part, is: (i) to enforce
24        an ordinance; (ii) to collect a debt; or (iii) under
25        the Administrative Review Law in counties having a
26        population of 500,000 or less and the county board in

 

 

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1        counties having a population exceeding 500,000 may by
2        resolution set reduced fees for units of local
3        government or school districts;
4            (B) any action instituted by the corporate
5        authority of a municipality with more than 1,000,000
6        inhabitants under Section 11-31-1 of the Illinois
7        Municipal Code and any action instituted under
8        subsection (b) of Section 11-31-1 of the Illinois
9        Municipal Code by a private owner or tenant of real
10        property within 1,200 feet of a dangerous or unsafe
11        building seeking an order compelling the owner or
12        owners of the building to take any of the actions
13        authorized under that subsection;
14            (C) any commitment petition or petition for an
15        order authorizing the administration of psychotropic
16        medication or electroconvulsive therapy under the
17        Mental Health and Developmental Disabilities Code;
18            (D) a petitioner in any order of protection
19        proceeding, including, but not limited to, fees for
20        filing, modifying, withdrawing, certifying, or
21        photocopying petitions for orders of protection,
22        issuing alias summons, any related filing service, or
23        certifying, modifying, vacating, or photocopying any
24        orders of protection; or
25            (E) proceedings for the appointment of a
26        confidential intermediary under the Adoption Act.

 

 

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1        (2) No fee other than the filing fee contained in the
2    applicable schedule in subsection (a) shall be charged to
3    any person in connection with an adoption proceeding.
4        (3) Upon good cause shown, the court may waive any fees
5    associated with a special needs adoption. The term "special
6    needs adoption" has the meaning provided by the Illinois
7    Department of Children and Family Services.
8    (aa) This Section is repealed on December 31, 2019.
9(Source: 100HB4594enr.)
 
10    Section 99. Effective date. This Act takes effect July 1,
112019.