Full Text of HB3455 95th General Assembly
HB3455 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3455
Introduced 2/28/2007, by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED: |
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405 ILCS 5/2-102 |
from Ch. 91 1/2, par. 2-102 |
405 ILCS 5/2-107 |
from Ch. 91 1/2, par. 2-107 |
405 ILCS 5/2-107.1 |
from Ch. 91 1/2, par. 2-107.1 |
405 ILCS 5/2-107.2 |
from Ch. 91 1/2, par. 2-107.2 |
405 ILCS 5/2-107.3 |
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405 ILCS 5/2-200 |
from Ch. 91 1/2, par. 2-200 |
405 ILCS 5/3-802 |
from Ch. 91 1/2, par. 3-802 |
405 ILCS 5/1-121.5 rep. |
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705 ILCS 105/27.1a |
from Ch. 25, par. 27.1a |
705 ILCS 105/27.2 |
from Ch. 25, par. 27.2 |
705 ILCS 105/27.2a |
from Ch. 25, par. 27.2a |
755 ILCS 40/60 |
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Amends the Mental Health and Developmental Disabilities Code. Changes references from "authorized involuntary treatment" to "electroconvulsive therapy or psychotropic medication". Provides that an adult recipient of mental health services, or the recipient's guardian, and the recipient's substitute decision maker must be informed of the recipient's right to refuse electroconvulsive therapy. Provides that a court may, in its discretion, appoint a guardian ad litem for a recipient before the court or authorize an existing guardian of the person to monitor treatment and compliance with court orders in connection with the administration of psychotropic medication and electroconvulsive therapy. Provides that upon the commencement of mental health services, or as soon thereafter as the condition of the recipient permits, the facility must advise the recipient as to the circumstances under which the law permits the use of electroconvulsive therapy. Amends the Clerks of Courts Act and the Health Care Surrogate Act to make conforming changes. Effective immediately.
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A BILL FOR
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HB3455 |
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LRB095 07220 DRJ 27355 b |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Mental Health and Developmental | 5 |
| Disabilities Code is amended by changing Sections 2-102, 2-107, | 6 |
| 2-107.1, 2-107.2, 2-107.3, 2-200, and 3-802 as follows:
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| (405 ILCS 5/2-102) (from Ch. 91 1/2, par. 2-102)
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| Sec. 2-102. (a) A recipient of services shall be provided | 9 |
| with adequate
and humane care and services in the least | 10 |
| restrictive environment, pursuant
to an individual services | 11 |
| plan. The Plan shall be formulated
and periodically
reviewed | 12 |
| with the participation of the recipient to the extent feasible
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| and the recipient's
guardian, the recipient's substitute | 14 |
| decision maker, if any, or any other
individual
designated in | 15 |
| writing by the recipient. The facility shall advise the
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| recipient of
his or her right to designate a family member or | 17 |
| other individual to
participate in the formulation and review | 18 |
| of the treatment plan. In
determining whether care and services | 19 |
| are being provided in the least
restrictive environment, the | 20 |
| facility shall consider the views of the
recipient, if any, | 21 |
| concerning the treatment being provided. The recipient's
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| preferences regarding emergency interventions under
subsection | 23 |
| (d) of Section 2-200 shall be noted in the recipient's |
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| treatment
plan.
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| (a-5) If
the services include the administration of | 3 |
| electroconvulsive therapy or psychotropic medication
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| authorized involuntary treatment ,
the
physician or the | 5 |
| physician's designee shall advise the recipient, in
writing, of | 6 |
| the side effects,
risks, and benefits of
the treatment, as well | 7 |
| as alternatives to the proposed treatment, to the
extent such | 8 |
| advice is consistent with the recipient's ability to understand | 9 |
| the
information communicated.
The physician shall determine | 10 |
| and state in writing whether the
recipient has the capacity to | 11 |
| make a reasoned decision about the treatment.
The physician or | 12 |
| the physician's designee shall provide to the recipient's
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| substitute decision maker, if any, the same written information | 14 |
| that is
required to be presented to the recipient in writing.
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| If
the recipient lacks the capacity to make a reasoned decision | 16 |
| about the
treatment, the treatment may be administered only (i) | 17 |
| pursuant to the
provisions
of Section 2-107 or 2-107.1 or (ii) | 18 |
| pursuant to
a power of attorney for health care under the | 19 |
| Powers of
Attorney for Health Care Law or a declaration for | 20 |
| mental health treatment
under the Mental Health Treatment | 21 |
| Preference Declaration
Act.
A surrogate decision maker, other | 22 |
| than a court appointed guardian, under the
Health Care | 23 |
| Surrogate Act may not consent to the administration of | 24 |
| electroconvulsive therapy or psychotropic medication
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| authorized
involuntary
treatment . A surrogate may, however, | 26 |
| petition for administration of such
authorized
involuntary
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| treatment pursuant to this Act.
If the recipient is under | 2 |
| guardianship and the guardian is
authorized
to consent to the | 3 |
| administration of electroconvulsive therapy or psychotropic | 4 |
| medication
authorized involuntary treatment pursuant
to | 5 |
| subsection (c) of Section
2-107.1 of this Code,
the
physician | 6 |
| shall advise the guardian in writing of the side effects and | 7 |
| risks of
the treatment, alternatives to the proposed treatment, | 8 |
| and the risks and
benefits of the treatment. A qualified | 9 |
| professional shall be responsible for overseeing
the | 10 |
| implementation of such plan. Such care and treatment shall
make | 11 |
| reasonable accommodation of any physical disability of the | 12 |
| recipient,
including but not limited to
the regular use of sign | 13 |
| language for any hearing impaired individual for
whom sign | 14 |
| language is a primary mode of communication.
If the recipient | 15 |
| is unable to communicate effectively in English, the
facility | 16 |
| shall make reasonable efforts to provide services to the
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| recipient in a language that the recipient understands.
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| (b) A recipient of services who is an adherent or a member | 19 |
| of any
well-recognized religious denomination, the principles | 20 |
| and tenets of which
teach reliance upon services by spiritual | 21 |
| means through prayer alone for
healing by a duly accredited | 22 |
| practitioner thereof, shall have the right to
choose such | 23 |
| services. The parent or guardian of a recipient of services who
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| is a minor, or a guardian of a recipient of services who is not | 25 |
| a minor,
shall have the right to choose services by spiritual | 26 |
| means through prayer
for the recipient of services.
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| (Source: P.A. 90-538, eff. 12-1-97; 91-726, eff. 6-2-00.)
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| (405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107)
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| Sec. 2-107. Refusal of services; informing of risks.
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| (a) An adult recipient of services or the recipient's | 5 |
| guardian,
if the recipient is under guardianship, and the | 6 |
| recipient's substitute
decision maker, if any, must be informed | 7 |
| of the recipient's right to
refuse medication or | 8 |
| electroconvulsive therapy . The recipient and the recipient's | 9 |
| guardian or substitute
decision maker shall be given the | 10 |
| opportunity to
refuse generally accepted mental health or | 11 |
| developmental disability services,
including but not limited | 12 |
| to medication or electroconvulsive therapy . If such services | 13 |
| are refused, they
shall not be given unless such services are | 14 |
| necessary to prevent the recipient
from causing serious and | 15 |
| imminent physical harm to the recipient or others and
no less | 16 |
| restrictive alternative is available.
The facility director | 17 |
| shall inform a recipient, guardian, or
substitute decision | 18 |
| maker, if any, who refuses such
services of alternate services | 19 |
| available and the risks of such alternate
services, as well as | 20 |
| the possible consequences to the recipient of refusal of
such | 21 |
| services.
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| (b) Psychotropic medication or electroconvulsive therapy
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| Authorized involuntary treatment may be administered
given
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| under this Section for
up to 24 hours only if the circumstances | 25 |
| leading up to the need for emergency
treatment are set forth in |
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| writing in the recipient's record.
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| (c) Administration of medication or electroconvulsive | 3 |
| therapy
Authorized involuntary treatment may not be continued | 4 |
| unless the need
for such treatment is redetermined at least | 5 |
| every 24 hours based upon a
personal examination of the | 6 |
| recipient by a physician or a nurse under the
supervision of a | 7 |
| physician and the circumstances demonstrating that need are
set | 8 |
| forth in writing in the recipient's record.
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| (d) Neither psychotropic medication nor electroconvulsive | 10 |
| therapy
Authorized involuntary treatment may not be | 11 |
| administered under this
Section for a period in excess of 72 | 12 |
| hours, excluding Saturdays, Sundays, and
holidays, unless a | 13 |
| petition is filed under Section 2-107.1 and the treatment
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| continues to be necessary under subsection (a) of this Section. | 15 |
| Once the
petition has been filed, treatment may continue in | 16 |
| compliance with subsections
(a), (b), and (c) of this Section | 17 |
| until the final outcome of the hearing on the
petition.
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| (e) The Department shall issue rules designed to insure | 19 |
| that in
State-operated mental health facilities psychotropic | 20 |
| medication and electroconvulsive therapy are
authorized | 21 |
| involuntary treatment is
administered in accordance with this | 22 |
| Section and only when appropriately
authorized and monitored by | 23 |
| a physician or a nurse under the supervision
of a physician
in | 24 |
| accordance with accepted medical practice. The facility | 25 |
| director of each
mental health facility not operated by the | 26 |
| State shall issue rules designed to
insure that in that |
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LRB095 07220 DRJ 27355 b |
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| facility psychotropic medication and electroconvulsive therapy | 2 |
| are
authorized involuntary treatment is administered
in
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| accordance with this Section and only when appropriately | 4 |
| authorized and
monitored by a physician or a nurse under the | 5 |
| supervision of a
physician in accordance with accepted medical | 6 |
| practice. Such rules shall be
available for public inspection | 7 |
| and copying during normal business hours.
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| (f) The provisions of this Section with respect to the | 9 |
| emergency
administration of psychotropic medication and | 10 |
| electroconvulsive therapy
authorized involuntary treatment do | 11 |
| not apply to facilities
licensed under the Nursing Home Care | 12 |
| Act.
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| (g) Under no circumstances may long-acting psychotropic | 14 |
| medications be
administered under this Section.
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| (h) Whenever psychotropic medication or electroconvulsive | 16 |
| therapy is refused pursuant to subsection (a) of this Section | 17 |
| at least once that day, the physician shall determine and state | 18 |
| in writing the reasons why the recipient did not meet the | 19 |
| criteria for administration of medication or electroconvulsive | 20 |
| therapy
involuntary treatment under subsection (a) and whether | 21 |
| the recipient meets the standard for administration of | 22 |
| psychotropic medication or electroconvulsive therapy
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| authorized involuntary treatment under Section 2-107.1 of this | 24 |
| Code. If the physician determines that the recipient meets the | 25 |
| standard for administration of psychotropic medication or | 26 |
| electroconvulsive therapy
authorized involuntary treatment
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| under Section 2-107.1, the facility director or his or her | 2 |
| designee shall petition the court for administration of | 3 |
| psychotropic medication or electroconvulsive therapy
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| authorized involuntary treatment pursuant to that Section | 5 |
| unless the facility director or his or her designee states in | 6 |
| writing in the recipient's record why the filing of such a | 7 |
| petition is not warranted. This subsection (h) applies only to | 8 |
| State-operated mental health facilities. | 9 |
| (i) The Department shall conduct annual trainings for all | 10 |
| physicians and registered nurses working in State-operated | 11 |
| mental health facilities on the appropriate use of emergency | 12 |
| administration of psychotropic medication and | 13 |
| electroconvulsive therapy
authorized involuntary treatment , | 14 |
| standards for their
its use, and the methods of authorization | 15 |
| under this Section.
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| (Source: P.A. 94-1066, eff. 8-1-06.)
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| (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
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| Sec. 2-107.1. Administration of psychotropic medication | 19 |
| and electroconvulsive therapy
authorized involuntary treatment
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| upon
application to a court.
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| (a) (Blank).
An adult recipient of services and the | 22 |
| recipient's guardian, if the
recipient is under guardianship, | 23 |
| and the substitute decision
maker, if any, shall be informed of | 24 |
| the recipient's right to refuse medication.
The recipient and | 25 |
| the recipient's guardian or substitute
decision maker shall be |
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| given the opportunity to refuse generally accepted
mental | 2 |
| health or developmental disability services, including
but not | 3 |
| limited to medication.
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| (a-5) Notwithstanding the provisions of Section 2-107 of | 5 |
| this
Code, psychotropic medication and electroconvulsive | 6 |
| therapy
authorized
involuntary treatment may be administered | 7 |
| to an adult recipient of
services without the informed consent | 8 |
| of the recipient under the following
standards:
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| (1) Any person 18 years of age or older, including any | 10 |
| guardian, may
petition the circuit court for an order | 11 |
| authorizing the administration of psychotropic medication | 12 |
| and electroconvulsive therapy
authorized involuntary | 13 |
| treatment to a recipient
of services.
The petition shall | 14 |
| state that the petitioner has made a good faith attempt to
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| determine whether the recipient has executed a power of | 16 |
| attorney for health
care under the Powers of Attorney for | 17 |
| Health Care Law or a declaration for
mental health | 18 |
| treatment under the Mental Health Treatment Preference
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| Declaration Act and to obtain copies of these instruments | 20 |
| if they exist. If
either of the above-named instruments is | 21 |
| available to the petitioner, the
instrument or a copy of | 22 |
| the instrument shall be attached to the petition as
an | 23 |
| exhibit.
The petitioner shall deliver a copy of the | 24 |
| petition, and notice of the time
and place of the hearing, | 25 |
| to the respondent, his or her attorney, any known
agent or
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| attorney-in-fact, if any, and the
guardian, if any, no |
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| later than 3 days prior to the date of the
hearing.
Service | 2 |
| of the petition and notice of the time and place of the | 3 |
| hearing may
be made by transmitting them via facsimile | 4 |
| machine to the
respondent or other party. Upon receipt of | 5 |
| the petition and notice, the party
served, or the person | 6 |
| delivering the petition and notice to
the party served, | 7 |
| shall acknowledge service. If the party sending the | 8 |
| petition
and notice does not receive acknowledgement of | 9 |
| service
within 24 hours, service must be made by personal | 10 |
| service.
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| The
petition may include a request that the court | 12 |
| authorize such testing and
procedures as may be essential | 13 |
| for the safe and effective administration of the | 14 |
| psychotropic medication or electroconvulsive therapy
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| authorized involuntary treatment sought to be
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| administered, but only where the
petition
sets forth the | 17 |
| specific testing and procedures sought to be administered.
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| If a hearing is requested to be held immediately | 19 |
| following the hearing on
a petition for
involuntary | 20 |
| admission, then the notice requirement shall be the same as | 21 |
| that
for the hearing on
the petition for involuntary | 22 |
| admission, and the petition filed pursuant to this
Section | 23 |
| shall be filed
with the petition for involuntary admission.
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| (2) The court shall hold a hearing within 7 days of the | 25 |
| filing
of the petition. The People, the petitioner, or the | 26 |
| respondent shall be
entitled
to a continuance of up to 7 |
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| days as of right. An additional
continuance of not more | 2 |
| than 7 days may be granted to
any party (i)
upon a showing | 3 |
| that the continuance is needed in order
to adequately
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| prepare for or present evidence in a hearing under this | 5 |
| Section or
(ii) under exceptional circumstances. The court | 6 |
| may
grant an additional continuance
not to exceed 21 days | 7 |
| when, in its discretion, the court determines that such a
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| continuance is necessary in order to provide the recipient | 9 |
| with an examination
pursuant to Section 3-803 or 3-804 of | 10 |
| this Act, to provide the recipient with a
trial by jury as | 11 |
| provided in Section 3-802 of this Act, or to arrange for | 12 |
| the
substitution of counsel as provided for by the Illinois | 13 |
| Supreme Court Rules.
The hearing shall be
separate from a | 14 |
| judicial proceeding held to determine whether a person is
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| subject to involuntary admission but may be heard | 16 |
| immediately preceding or
following such a judicial | 17 |
| proceeding and may be heard by the same trier of fact
or | 18 |
| law as in that judicial proceeding.
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| (3) Unless otherwise provided herein, the procedures | 20 |
| set forth in
Article VIII of Chapter 3 of this Act, | 21 |
| including the provisions regarding
appointment of counsel, | 22 |
| shall govern hearings held under this subsection
(a-5).
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| (4) Psychotropic medication and electroconvulsive | 24 |
| therapy may
Authorized involuntary treatment shall
not be | 25 |
| administered to the recipient if and only if
unless
it has | 26 |
| been determined by clear and convincing evidence that all |
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| of
the following factors are present. In determining | 2 |
| whether a person meets the criteria specified in the | 3 |
| following
paragraphs (A) through (G), the court may | 4 |
| consider evidence of the person's history of
serious | 5 |
| violence, repeated past pattern of specific behavior, | 6 |
| actions related to the person's
illness, or past outcomes | 7 |
| of various treatment options.
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| (A) That the recipient has a serious mental illness | 9 |
| or
developmental disability.
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| (B) That because of said mental illness or | 11 |
| developmental disability,
the recipient currently | 12 |
| exhibits any one of the following: (i)
deterioration of | 13 |
| his
or her ability to function, as compared to the | 14 |
| recipient's ability to
function prior to the current | 15 |
| onset of symptoms of the mental illness or
disability | 16 |
| for which treatment is presently sought, (ii) | 17 |
| suffering, or (iii)
threatening
behavior.
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| (C) That the illness or disability has existed for | 19 |
| a period marked by
the continuing presence of the | 20 |
| symptoms set forth in item (B) of this
subdivision (4) | 21 |
| or the repeated episodic occurrence of these symptoms.
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| (D) That the benefits of the treatment
outweigh the | 23 |
| harm.
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| (E) That the recipient lacks the capacity to make a
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| reasoned
decision about the treatment.
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| (F) That other less restrictive services have been |
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| explored
and found inappropriate.
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| (G) If the petition seeks authorization for | 3 |
| testing and other
procedures,
that such testing and | 4 |
| procedures are essential for the safe and effective
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| administration of the treatment.
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| (5) In no event shall an order issued under this | 7 |
| Section be effective
for more than 90 days.
A second 90-day | 8 |
| period of involuntary treatment may be authorized pursuant | 9 |
| to
a hearing that
complies
with the standards and | 10 |
| procedures of this subsection (a-5).
Thereafter, | 11 |
| additional 180-day periods of involuntary treatment may be
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| authorized pursuant to
the standards and procedures of this | 13 |
| Section without limit.
If a new petition to authorize the | 14 |
| administration of psychotropic medication or | 15 |
| electroconvulsive therapy
authorized involuntary
treatment
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| is filed at least 15 days prior to the
expiration of the | 17 |
| prior order, and if
any continuance of the hearing is | 18 |
| agreed to by the recipient, the
administration of the | 19 |
| treatment may continue in accordance
with
the prior order
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| pending the completion of a hearing under this Section.
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| (6) An order issued under this subsection (a-5) shall
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| designate the persons
authorized to administer the | 23 |
| authorized involuntary treatment under the
standards
and | 24 |
| procedures of this subsection (a-5).
Those persons shall | 25 |
| have complete discretion not to administer any
treatment | 26 |
| authorized under this Section.
The order shall also specify |
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| the medications and the anticipated range of
dosages that | 2 |
| have been authorized and may include a list of any | 3 |
| alternative
medications and range of dosages deemed | 4 |
| necessary.
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| (a-10) The court may, in its discretion, appoint a guardian | 6 |
| ad litem for a recipient before the court or authorize an | 7 |
| existing guardian of the person to monitor treatment and | 8 |
| compliance with court orders under this Section.
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| (b) A guardian may be authorized to consent to the | 10 |
| administration
of psychotropic medication or electroconvulsive | 11 |
| therapy
authorized involuntary treatment to an
objecting | 12 |
| recipient only under the
standards and procedures of subsection | 13 |
| (a-5).
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| (c) Notwithstanding any other provision of this Section, a | 15 |
| guardian may
consent to the administration of psychotropic | 16 |
| medication or electroconvulsive therapy
authorized involuntary | 17 |
| treatment to a
non-objecting
recipient under Article XIa of the | 18 |
| Probate Act of 1975.
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| (d) Nothing in this Section shall prevent the | 20 |
| administration of psychotropic medication or electroconvulsive | 21 |
| therapy
authorized involuntary treatment to recipients
in an | 22 |
| emergency under Section 2-107 of
this Act.
| 23 |
| (e) Notwithstanding any of the provisions of this Section, | 24 |
| psychotropic medication or electroconvulsive therapy
| 25 |
| authorized
involuntary treatment may be administered pursuant | 26 |
| to a power of attorney for
health care under the Powers of |
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| Attorney for Health Care Law or a declaration
for mental health | 2 |
| treatment under the Mental Health Treatment Preference
| 3 |
| Declaration Act.
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| (f) The Department shall conduct annual trainings for | 5 |
| physicians and registered nurses working in State-operated | 6 |
| mental health facilities on the appropriate use of psychotropic | 7 |
| medication and electroconvulsive therapy
authorized | 8 |
| involuntary treatment , standards for their
its use, and the | 9 |
| preparation of court petitions under this Section.
| 10 |
| (Source: P.A. 93-573, eff. 8-21-03; 94-1066, eff. 8-1-06.)
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| (405 ILCS 5/2-107.2) (from Ch. 91 1/2, par. 2-107.2)
| 12 |
| Sec. 2-107.2. Review; notice.
| 13 |
| (a) Whenever any recipient, who is receiving treatment in a
| 14 |
| residential mental health facility, has been receiving | 15 |
| psychotropic medication or electroconvulsive therapy
| 16 |
| authorized involuntary
treatment in that facility continuously | 17 |
| or on a regular basis for a
period of 3 months, and, if the | 18 |
| treatment is continued while
the recipient
is a resident in | 19 |
| that facility, every 6 months
thereafter, for so long as the | 20 |
| treatment shall continue, the
facility
director shall convene a | 21 |
| treatment review panel to review the treatment.
| 22 |
| (b) At least 7 days prior to the date of the meeting, the | 23 |
| recipient, his
or her guardian, if any, and the person | 24 |
| designated under subsection (b) of
Section 2-200 shall be given | 25 |
| written notification of the time and place of the
treatment |
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| review meeting. The notice shall also advise the recipient of | 2 |
| his or
her right to designate some person to attend the meeting | 3 |
| and assist the
recipient.
| 4 |
| (c) If, during the course of the review, the recipient or | 5 |
| guardian, if
any, advises the committee that
he no longer | 6 |
| agrees to continue receiving the treatment,
the treatment must | 7 |
| be
discontinued except that the treatment may be administered
| 8 |
| under either
Section 2-107 or 2-107.1. If the recipient and | 9 |
| guardian, if any, continues
to agree to the treatment, the | 10 |
| treatment
shall be continued if the
committee determines that | 11 |
| the recipient is receiving appropriate treatment and that the | 12 |
| benefit to the recipient outweighs any risk of harm
to the
| 13 |
| recipient.
| 14 |
| (d) The Department shall issue rules to implement the | 15 |
| requirements of this
Section.
| 16 |
| (Source: P.A. 89-439, eff. 6-1-96; 90-538, eff. 12-1-97.)
| 17 |
| (405 ILCS 5/2-107.3) | 18 |
| Sec. 2-107.3. Reports. Each facility director of a | 19 |
| State-operated mental health facility shall prepare a | 20 |
| quarterly report stating the number of persons who were | 21 |
| determined to meet the
standard for administration of | 22 |
| psychotropic medication or electroconvulsive therapy
| 23 |
| authorized involuntary treatment but for whom it was determined | 24 |
| that the filing of such a petition was not warranted as | 25 |
| provided for in subsection (h) of Section 2-107 of this Code |
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| and the reasons for each such determination. The Department | 2 |
| shall prepare and publish an annual report summarizing the | 3 |
| information received under this Section. The Department's | 4 |
| report shall include the data from each facility filing such a | 5 |
| report and shall separately report the data from each such | 6 |
| facility, identified by facility.
| 7 |
| (Source: P.A. 94-1066, eff. 8-1-06.)
| 8 |
| (405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
| 9 |
| Sec. 2-200. (a) Upon commencement of services, or as soon | 10 |
| thereafter as
the condition of the recipient permits, every | 11 |
| adult recipient, as well as the
recipient's guardian or | 12 |
| substitute decision maker, and every recipient who is
12
years | 13 |
| of age or older and the parent or guardian of a minor or person
| 14 |
| under guardianship shall be informed orally and in writing of | 15 |
| the rights
guaranteed by this Chapter which are relevant to the | 16 |
| nature of the
recipient's services
program. Every facility | 17 |
| shall also post conspicuously in public areas
a summary of the | 18 |
| rights which are relevant to the services delivered by
that | 19 |
| facility.
| 20 |
| (b) A recipient who is 12 years of age or older and the | 21 |
| parent or guardian
of a minor or person under guardianship at | 22 |
| any time may designate, and upon
commencement of services shall | 23 |
| be informed of the right to designate, a
person or agency to | 24 |
| receive notice under Section 2-201 or to direct that
no | 25 |
| information about the recipient be disclosed to any person or |
|
|
|
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| agency.
| 2 |
| (c) Upon commencement of services, or as soon thereafter as | 3 |
| the
condition of the recipient permits, the facility shall ask | 4 |
| the adult
recipient or minor recipient admitted pursuant to | 5 |
| Section 3-502 whether the
recipient wants the facility to | 6 |
| contact the recipient's spouse, parents,
guardian, close | 7 |
| relatives, friends, attorney, advocate from the
Guardianship | 8 |
| and Advocacy Commission or the agency designated by the
| 9 |
| Governor under Section 1 of "An Act in relation to the | 10 |
| protection and
advocacy of the rights of persons with | 11 |
| developmental disabilities, and
amending Acts therein named", | 12 |
| approved September 20, 1985, or others and
inform them of the | 13 |
| recipient's presence at the facility. The facility
shall by | 14 |
| phone or by mail contact at least two of those people | 15 |
| designated
by the recipient and shall inform them of the | 16 |
| recipient's location. If the
recipient so requests, the | 17 |
| facility shall also inform them of how to
contact the | 18 |
| recipient.
| 19 |
| (d) Upon commencement of services, or as soon thereafter as | 20 |
| the condition
of the recipient permits, the facility shall | 21 |
| advise the recipient as to the
circumstances under which the | 22 |
| law permits the use of emergency forced
medication or | 23 |
| electroconvulsive therapy under subsection (a) of Section | 24 |
| 2-107, restraint under Section
2-108, or seclusion under | 25 |
| Section 2-109. At the same time, the facility shall
inquire of | 26 |
| the recipient which form of intervention the recipient would |
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| prefer
if any of these circumstances should arise. The | 2 |
| recipient's preference shall
be noted in the recipient's record | 3 |
| and communicated by the facility to the
recipient's guardian or | 4 |
| substitute decision maker, if any, and any other
individual | 5 |
| designated by the recipient. If any such circumstances | 6 |
| subsequently
do arise, the facility shall give due | 7 |
| consideration to the preferences of the
recipient regarding | 8 |
| which form of intervention to use as communicated to the
| 9 |
| facility by the recipient or as stated in the recipient's | 10 |
| advance directive.
| 11 |
| (Source: P.A. 91-726, eff. 6-2-00.)
| 12 |
| (405 ILCS 5/3-802) (from Ch. 91 1/2, par. 3-802)
| 13 |
| Sec. 3-802. The respondent is entitled to a jury on the | 14 |
| question of
whether he is subject to involuntary admission. The | 15 |
| jury shall consist
of 6 persons to be chosen in the same manner | 16 |
| as are jurors in other civil
proceedings.
A respondent is not | 17 |
| entitled to a jury on the question of whether psychotropic | 18 |
| medication or electroconvulsive therapy
authorized
involuntary
| 19 |
| treatment may be administered under Section 2-107.1.
| 20 |
| (Source: P.A. 93-573, eff. 8-21-03.)
| 21 |
| (405 ILCS 5/1-121.5 rep.)
| 22 |
| Section 10. The Mental Health and Developmental | 23 |
| Disabilities Code is amended by repealing Section 1-121.5. |
|
|
|
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| Section 15. The Clerks of Courts Act is amended by changing | 2 |
| Sections 27.1a, 27.2, and 27.2a as follows:
| 3 |
| (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
| 4 |
| Sec. 27.1a. The fees of the clerks of the circuit court in | 5 |
| all
counties having a population of not more than
500,000 | 6 |
| inhabitants in the instances described in this Section
shall be | 7 |
| as provided in this Section.
In those instances where a minimum | 8 |
| and maximum fee is stated, the clerk of
the circuit court must | 9 |
| charge the minimum fee listed and may charge up to the
maximum | 10 |
| fee if the county board has by resolution increased the fee.
| 11 |
| The fees shall be paid in advance and
shall be as follows:
| 12 |
| (a) Civil Cases.
| 13 |
| The fee for filing a complaint, petition, or other | 14 |
| pleading initiating
a civil action, with the following | 15 |
| exceptions, shall be a minimum of $40 and
a maximum of | 16 |
| $160.
| 17 |
| (A) When the amount of money or damages or the | 18 |
| value of personal
property claimed does not exceed | 19 |
| $250, $10.
| 20 |
| (B) When that amount exceeds $250 but does not | 21 |
| exceed $500, a minimum
of $10 and a maximum of $20.
| 22 |
| (C) When that amount exceeds $500 but does not | 23 |
| exceed $2500, a minimum
of $25 and a maximum of $40.
| 24 |
| (D) When that amount exceeds $2500 but does not | 25 |
| exceed $15,000, a
minimum of $25 and a maximum of $75.
|
|
|
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| (E) For the exercise of eminent domain, a minimum | 2 |
| of $45 and
a maximum of $150. For each additional
lot | 3 |
| or tract of land or right or interest therein subject | 4 |
| to be condemned,
the damages in respect to which shall | 5 |
| require separate assessment by a
jury, a minimum of $45 | 6 |
| and a maximum of $150.
| 7 |
| (a-1) Family.
| 8 |
| For filing a petition under the Juvenile Court Act of | 9 |
| 1987, $25.
| 10 |
| For filing a petition for a marriage license, $10.
| 11 |
| For performing a marriage in court, $10.
| 12 |
| For filing a petition under the Illinois Parentage Act | 13 |
| of 1984, $40.
| 14 |
| (b) Forcible Entry and Detainer.
| 15 |
| In each forcible entry and detainer case when the | 16 |
| plaintiff seeks
possession only or unites with his or her | 17 |
| claim for possession of the property
a claim for rent or | 18 |
| damages or both in the amount of $15,000 or less, a
minimum | 19 |
| of $10 and a maximum of $50.
When the plaintiff unites his | 20 |
| or her claim for possession with a claim for
rent or | 21 |
| damages or both exceeding $15,000, a minimum of $40 and a | 22 |
| maximum of
$160.
| 23 |
| (c) Counterclaim or Joining Third Party Defendant.
| 24 |
| When any defendant files a counterclaim as part of his | 25 |
| or her
answer or otherwise or joins another party as a | 26 |
| third party defendant, or
both, the defendant shall pay a |
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| fee for each counterclaim or third
party action in an | 2 |
| amount equal to the fee he or she would have had to pay
had | 3 |
| he or she brought a separate action for the relief sought | 4 |
| in the
counterclaim or against the third party defendant, | 5 |
| less the amount of the
appearance fee, if that has been | 6 |
| paid.
| 7 |
| (d) Confession of Judgment.
| 8 |
| In a confession of judgment when the amount does not | 9 |
| exceed $1500, a
minimum of $20 and a maximum of $50.
When | 10 |
| the amount exceeds $1500, but does not exceed $15,000, a
| 11 |
| minimum of $40 and a maximum of $115. When the
amount | 12 |
| exceeds $15,000, a minimum of $40 and a maximum of $200.
| 13 |
| (e) Appearance.
| 14 |
| The fee for filing an appearance in each civil case | 15 |
| shall be a minimum of
$15 and a maximum of $60,
except as | 16 |
| follows:
| 17 |
| (A) When the plaintiff in a forcible entry and | 18 |
| detainer case seeks
possession only, a minimum of $10 | 19 |
| and a maximum of $50.
| 20 |
| (B) When the amount in the case does not exceed | 21 |
| $1500, a minimum of
$10 and a maximum of $30.
| 22 |
| (C) When that amount exceeds $1500 but does not | 23 |
| exceed $15,000, a
minimum of $15 and a maximum of $60.
| 24 |
| (f) Garnishment, Wage Deduction, and Citation.
| 25 |
| In garnishment affidavit, wage deduction affidavit, | 26 |
| and citation
petition when the amount does not exceed |
|
|
|
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LRB095 07220 DRJ 27355 b |
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| 1 |
| $1,000, a minimum of $5 and a
maximum
of $15; when the | 2 |
| amount
exceeds $1,000 but does not exceed $5,000, a minimum | 3 |
| of $5 and a maximum of
$30; and when the amount exceeds
| 4 |
| $5,000, a minimum of $5 and a maximum of $50.
| 5 |
| (g) Petition to Vacate or Modify.
| 6 |
| (1) Petition to vacate or modify any final judgment or | 7 |
| order of
court, except in forcible entry and detainer cases | 8 |
| and small claims cases
or a petition to reopen an estate, | 9 |
| to modify, terminate, or enforce a
judgment or order for | 10 |
| child or spousal support, or to modify, suspend, or
| 11 |
| terminate an order for withholding, if filed before 30 days | 12 |
| after the entry
of the judgment or order, a minimum of $20 | 13 |
| and a maximum of $50.
| 14 |
| (2) Petition to vacate or modify any final judgment or | 15 |
| order of court,
except a petition to modify, terminate, or | 16 |
| enforce a judgment or order for
child or spousal support or | 17 |
| to modify, suspend, or terminate an order for
withholding, | 18 |
| if filed later than 30 days after the entry of the judgment | 19 |
| or
order, a minimum of $20 and a maximum of $75.
| 20 |
| (3) Petition to vacate order of bond forfeiture, a | 21 |
| minimum of $10 and a
maximum of $40.
| 22 |
| (h) Mailing.
| 23 |
| When the clerk is required to mail, the fee will be a | 24 |
| minimum of $2 and a
maximum of $10,
plus the cost of | 25 |
| postage.
| 26 |
| (i) Certified Copies.
|
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| Each certified copy of a judgment after the first, | 2 |
| except in small
claims and forcible entry and detainer | 3 |
| cases, a minimum of $2 and a maximum
of $10.
| 4 |
| (j) Habeas Corpus.
| 5 |
| For filing a petition for relief by habeas corpus, a | 6 |
| minimum of $60 and a
maximum of $100.
| 7 |
| (k) Certification, Authentication, and Reproduction.
| 8 |
| (1) Each certification or authentication for taking | 9 |
| the acknowledgment
of a deed or other instrument in writing | 10 |
| with the seal of office, a minimum
of $2 and a maximum of | 11 |
| $6.
| 12 |
| (2) Court appeals when original documents are | 13 |
| forwarded, under 100 pages,
plus delivery and costs, a | 14 |
| minimum of $20 and a maximum of $60.
| 15 |
| (3) Court appeals when original documents are | 16 |
| forwarded, over 100 pages,
plus delivery and costs, a | 17 |
| minimum of $50 and a maximum of $150.
| 18 |
| (4) Court appeals when original documents are | 19 |
| forwarded, over 200
pages, an additional fee of a minimum | 20 |
| of 20 cents and a maximum of 25 cents per page.
| 21 |
| (5) For reproduction of any document contained in the | 22 |
| clerk's files:
| 23 |
| (A) First page, a minimum of $1 and a maximum
of | 24 |
| $2.
| 25 |
| (B) Next 19 pages, 50 cents per page.
| 26 |
| (C) All remaining pages, 25 cents per page.
|
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| (l) Remands.
| 2 |
| In any cases remanded to the Circuit Court from the | 3 |
| Supreme Court
or the Appellate Court for a new trial, the | 4 |
| clerk shall file the remanding
order and reinstate the case | 5 |
| with either its original number or a new number.
The Clerk | 6 |
| shall not charge any new or additional fee for the | 7 |
| reinstatement.
Upon reinstatement the Clerk shall advise | 8 |
| the parties of the reinstatement. A
party shall have the | 9 |
| same right to a jury trial on remand and reinstatement as
| 10 |
| he or she had before the appeal, and no additional or new | 11 |
| fee or charge shall
be made for a jury trial after remand.
| 12 |
| (m) Record Search.
| 13 |
| For each record search, within a division or municipal | 14 |
| district, the
clerk shall be entitled to a search fee of a | 15 |
| minimum of $4 and a maximum of
$6 for each year searched.
| 16 |
| (n) Hard Copy.
| 17 |
| For each page of hard copy print output, when case | 18 |
| records are
maintained on an automated medium, the clerk | 19 |
| shall be entitled to a fee of a
minimum of $4 and a maximum | 20 |
| of $6.
| 21 |
| (o) Index Inquiry and Other Records.
| 22 |
| No fee shall be charged for a single | 23 |
| plaintiff/defendant index inquiry
or single case record | 24 |
| inquiry when this request is made in person and the
records | 25 |
| are maintained in a current automated medium, and when no | 26 |
| hard copy
print output is requested. The fees to be charged |
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| for management records,
multiple case records, and | 2 |
| multiple journal records may be specified by the
Chief | 3 |
| Judge pursuant to the guidelines for access and | 4 |
| dissemination of
information approved by the Supreme | 5 |
| Court.
| 6 |
| (p) (Blank).
| 7 |
| a minimum of $25 and a maximum
of $50
| 8 |
| (q) Alias Summons.
| 9 |
| For each alias summons or citation issued by the clerk, | 10 |
| a minimum of $2
and a maximum of $5.
| 11 |
| (r) Other Fees.
| 12 |
| Any fees not covered in this Section shall be set by | 13 |
| rule or
administrative order of the Circuit Court with the | 14 |
| approval of the
Administrative Office of the Illinois | 15 |
| Courts.
| 16 |
| The clerk of the circuit court may provide additional | 17 |
| services for
which there is no fee specified by statute in | 18 |
| connection with the operation
of the clerk's office as may | 19 |
| be requested by the public and agreed to by
the clerk and | 20 |
| approved by the chief judge of the circuit court. Any
| 21 |
| charges for additional services shall be as agreed to
| 22 |
| between the clerk and the party making the request and | 23 |
| approved by the
chief judge of the circuit court. Nothing | 24 |
| in this
subsection shall be construed to require any clerk | 25 |
| to provide any service
not otherwise required by law.
| 26 |
| (s) Jury Services.
|
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| The clerk shall be entitled to receive, in addition to | 2 |
| other fees
allowed by law, the sum of a minimum of $62.50 | 3 |
| and a maximum of $212.50, as a fee for the services of a | 4 |
| jury in
every civil action not quasi-criminal in its nature | 5 |
| and not a proceeding
for the exercise of the right of | 6 |
| eminent domain and in every other action
wherein the right | 7 |
| of trial by jury is or may be given by law. The jury fee
| 8 |
| shall be paid by the party demanding a jury at the time of | 9 |
| filing the jury
demand. If the fee is not paid by either | 10 |
| party, no jury shall be called in
the action or proceeding, | 11 |
| and the same shall be tried by the court without
a jury.
| 12 |
| (t) Voluntary Assignment.
| 13 |
| For filing each deed of voluntary assignment, a minimum | 14 |
| of $10 and a
maximum of $20; for recording
the same, a | 15 |
| minimum of 25 cents and a maximum of 50 cents for each
100 | 16 |
| words. Exceptions filed to claims presented
to an assignee | 17 |
| of a debtor who has made a voluntary assignment for the
| 18 |
| benefit of creditors shall be considered and treated, for | 19 |
| the purpose of
taxing costs therein, as actions in which | 20 |
| the party or parties filing
the exceptions shall be | 21 |
| considered as party or parties plaintiff, and
the claimant | 22 |
| or claimants as party or parties defendant, and those
| 23 |
| parties respectively shall pay to the clerk the same fees
| 24 |
| as provided by this Section to be paid in other actions.
| 25 |
| (u) Expungement Petition.
| 26 |
| The clerk shall be entitled to receive a fee of a |
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| minimum of $15 and a
maximum of $60 for each
expungement | 2 |
| petition filed and an additional fee of a minimum of $2 and | 3 |
| a
maximum of $4 for each certified
copy of an order to | 4 |
| expunge arrest records.
| 5 |
| (v) Probate.
| 6 |
| The clerk is entitled to receive the fees
specified in | 7 |
| this subsection (v), which shall be paid in advance,
except | 8 |
| that, for good cause shown, the court may suspend, reduce, | 9 |
| or
release the costs payable under this subsection:
| 10 |
| (1) For administration of the estate of a decedent | 11 |
| (whether testate
or intestate) or of a missing person, a | 12 |
| minimum of $50 and a maximum of
$150, plus the fees | 13 |
| specified in
subsection (v)(3), except:
| 14 |
| (A) When the value of the real and personal | 15 |
| property does not exceed
$15,000, the fee shall be a | 16 |
| minimum of $25 and a maximum of $40.
| 17 |
| (B) When (i) proof of heirship alone is made, (ii) | 18 |
| a domestic or
foreign will is admitted to probate | 19 |
| without administration (including
proof of heirship), | 20 |
| or (iii) letters of office are issued for a particular
| 21 |
| purpose without administration of the estate, the fee | 22 |
| shall be a minimum of
$10 and a maximum of $40.
| 23 |
| (C) For filing a petition to sell Real Estate, $50.
| 24 |
| (2) For administration of the estate of a ward, a | 25 |
| minimum of $50 and a
maximum of $75,
plus the fees | 26 |
| specified in subsection (v)(3), except:
|
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| (A) When the value of the real and personal | 2 |
| property does not exceed
$15,000, the fee shall be a | 3 |
| minimum of $25 and a maximum of $40.
| 4 |
| (B) When (i) letters of office are issued to a | 5 |
| guardian of the person
or persons,
but not of the | 6 |
| estate or (ii) letters of office are issued in the | 7 |
| estate of
a ward without administration of the estate, | 8 |
| including filing or joining in
the filing of a tax | 9 |
| return or releasing a mortgage or consenting to the
| 10 |
| marriage of the ward, the fee shall be a minimum of $10 | 11 |
| and a maximum of
$20.
| 12 |
| (C) For filing a Petition to sell Real Estate, $50.
| 13 |
| (3) In addition to the fees payable under subsection | 14 |
| (v)(1) or (v)(2)
of this Section, the following fees are | 15 |
| payable:
| 16 |
| (A) For each account (other than one final account) | 17 |
| filed in the
estate of a decedent, or ward, a minimum | 18 |
| of $10 and a maximum of $25.
| 19 |
| (B) For filing a claim in an estate when the amount | 20 |
| claimed is $150
or more but less than $500, a minimum | 21 |
| of $10 and a maximum of $25;
when the amount claimed is | 22 |
| $500 or more
but less than $10,000, a minimum of $10 | 23 |
| and a maximum of $40; when
the amount claimed is | 24 |
| $10,000 or more, a minimum of $10 and a maximum of
$60; | 25 |
| provided that the court in allowing a claim may add to | 26 |
| the
amount
allowed the filing fee paid by the claimant.
|
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| (C) For filing in an estate a claim, petition, or | 2 |
| supplemental
proceeding based upon an action seeking | 3 |
| equitable relief including the
construction or contest | 4 |
| of a will, enforcement of a contract to make a
will, | 5 |
| and proceedings involving testamentary trusts or the | 6 |
| appointment of
testamentary trustees, a minimum of $40 | 7 |
| and a maximum of $60.
| 8 |
| (D) For filing in an estate (i) the appearance of | 9 |
| any person for the
purpose of consent or (ii) the | 10 |
| appearance of an executor, administrator,
| 11 |
| administrator to collect, guardian, guardian ad litem, | 12 |
| or special
administrator, no fee.
| 13 |
| (E) Except as provided in subsection (v)(3)(D), | 14 |
| for filing the
appearance of any person or persons, a | 15 |
| minimum of $10 and a maximum of $30.
| 16 |
| (F) For each jury demand, a minimum of $62.50 and a | 17 |
| maximum of
$137.50.
| 18 |
| (G) For disposition of the collection of a judgment | 19 |
| or settlement of
an action or claim for wrongful death | 20 |
| of a decedent or of any cause of
action of a ward, when | 21 |
| there is no other administration of the estate, a
| 22 |
| minimum of $30 and a maximum of $50,
less any amount | 23 |
| paid under subsection (v)(1)(B) or (v)(2)(B) except | 24 |
| that if
the amount involved does not exceed $5,000, the | 25 |
| fee, including any amount
paid under subsection | 26 |
| (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
|
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| maximum of $20.
| 2 |
| (H) For each certified copy of letters of office, | 3 |
| of court order or
other certification, a minimum of $1 | 4 |
| and a maximum of $2, plus a
minimum of 50 cents and a | 5 |
| maximum of $1 per page in excess of 3 pages
for the
| 6 |
| document certified.
| 7 |
| (I) For each exemplification, a minimum of $1 and a | 8 |
| maximum of $2, plus the fee for certification.
| 9 |
| (4) The executor, administrator, guardian, petitioner,
| 10 |
| or other interested person or his or her attorney shall pay | 11 |
| the cost of
publication by the clerk directly to the | 12 |
| newspaper.
| 13 |
| (5) The person on whose behalf a charge is incurred for | 14 |
| witness,
court reporter, appraiser, or other miscellaneous | 15 |
| fee shall pay the same
directly to the person entitled | 16 |
| thereto.
| 17 |
| (6) The executor, administrator, guardian, petitioner, | 18 |
| or other
interested person or his or her attorney shall pay | 19 |
| to the clerk all postage
charges incurred by the clerk in | 20 |
| mailing petitions, orders, notices, or
other documents | 21 |
| pursuant to the provisions of the Probate Act of 1975.
| 22 |
| (w) Criminal and Quasi-Criminal Costs and Fees.
| 23 |
| (1) The clerk shall be entitled to costs in all | 24 |
| criminal
and quasi-criminal cases from each person | 25 |
| convicted or sentenced to
supervision therein as follows:
| 26 |
| (A) Felony complaints, a minimum of $40 and a |
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| maximum of $100.
| 2 |
| (B) Misdemeanor complaints, a minimum of $25 and a | 3 |
| maximum of $75.
| 4 |
| (C) Business offense complaints, a minimum of $25 | 5 |
| and a maximum of
$75.
| 6 |
| (D) Petty offense complaints, a minimum of $25 and | 7 |
| a maximum of $75.
| 8 |
| (E) Minor traffic or ordinance violations, $10.
| 9 |
| (F) When court appearance required, $15.
| 10 |
| (G) Motions to vacate or amend final orders, a | 11 |
| minimum of $20 and a
maximum of $40.
| 12 |
| (H) Motions to vacate bond forfeiture orders, a | 13 |
| minimum of $20 and
a maximum of $40.
| 14 |
| (I) Motions to vacate ex parte judgments, whenever | 15 |
| filed, a minimum of
$20 and a maximum of $40.
| 16 |
| (J) Motions to vacate judgment on forfeitures, | 17 |
| whenever filed, a
minimum of $20 and a maximum of $40.
| 18 |
| (K) Motions to vacate "failure to appear" or | 19 |
| "failure to comply"
notices sent to the Secretary of | 20 |
| State, a minimum of $20 and a maximum of
$40.
| 21 |
| (2) In counties having a population of not
more
than | 22 |
| 500,000 inhabitants, when the violation complaint is
| 23 |
| issued by a
municipal police department, the clerk shall be | 24 |
| entitled to costs from each
person convicted therein as | 25 |
| follows:
| 26 |
| (A) Minor traffic or ordinance violations, $10.
|
|
|
|
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| 1 |
| (B) When court appearance required, $15.
| 2 |
| (3) In ordinance violation cases punishable by fine | 3 |
| only, the clerk
of the circuit court shall be entitled to | 4 |
| receive, unless the fee is
excused upon a finding by the | 5 |
| court that the defendant is indigent, in
addition to other | 6 |
| fees or costs allowed or imposed by law, the sum of a
| 7 |
| minimum of $62.50 and a maximum of $137.50
as a fee for the | 8 |
| services of a jury. The jury fee shall be paid by the
| 9 |
| defendant at the time of filing his or her jury demand. If | 10 |
| the fee is not
so paid by the defendant, no jury shall be | 11 |
| called, and the case shall be
tried by the court without a | 12 |
| jury.
| 13 |
| (x) Transcripts of Judgment.
| 14 |
| For the filing of a transcript of judgment, the clerk | 15 |
| shall be entitled
to the same fee as if it were the | 16 |
| commencement of a new suit.
| 17 |
| (y) Change of Venue.
| 18 |
| (1) For the filing of a change of case on a change of | 19 |
| venue, the clerk
shall be entitled to the same fee as if it | 20 |
| were the commencement of a new suit.
| 21 |
| (2) The fee for the preparation and certification of a | 22 |
| record on a
change of venue to another jurisdiction, when | 23 |
| original documents are
forwarded, a minimum of $10 and a | 24 |
| maximum of $40.
| 25 |
| (z) Tax objection complaints.
| 26 |
| For each tax objection complaint containing one or more |
|
|
|
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| tax
objections, regardless of the number of parcels | 2 |
| involved or the number of
taxpayers joining on the | 3 |
| complaint, a minimum of $10 and a maximum of $50.
| 4 |
| (aa) Tax Deeds.
| 5 |
| (1) Petition for tax deed, if only one parcel is | 6 |
| involved, a minimum of
$45 and a maximum of $200.
| 7 |
| (2) For each additional parcel, add a fee of a minimum | 8 |
| of $10 and a
maximum of $60.
| 9 |
| (bb) Collections.
| 10 |
| (1) For all collections made of others, except the | 11 |
| State and county
and except in maintenance or child support | 12 |
| cases, a sum equal to a
minimum of 2% and a maximum of 2.5% | 13 |
| of
the amount collected and turned over.
| 14 |
| (2) Interest earned on any funds held by the clerk | 15 |
| shall be turned
over to the county general fund as an | 16 |
| earning of the office.
| 17 |
| (3) For any check, draft, or other bank instrument | 18 |
| returned to the
clerk for non-sufficient funds, account | 19 |
| closed, or
payment stopped, $25.
| 20 |
| (4) In child support and maintenance cases, the clerk, | 21 |
| if authorized by an
ordinance of the county board, may | 22 |
| collect an annual fee of up to $36 from
the person making | 23 |
| payment for maintaining child support records and the
| 24 |
| processing of support orders to the State of Illinois KIDS | 25 |
| system and the
recording of payments issued by the State | 26 |
| Disbursement Unit for the official
record of the Court. |
|
|
|
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LRB095 07220 DRJ 27355 b |
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| 1 |
| This fee shall be in addition
to and separate from amounts | 2 |
| ordered to be paid as maintenance or child
support and | 3 |
| shall be deposited into a Separate Maintenance and Child | 4 |
| Support
Collection Fund, of which the clerk shall be the | 5 |
| custodian, ex-officio, to
be used by the clerk to maintain | 6 |
| child support orders and record all payments
issued by the | 7 |
| State Disbursement Unit for the official record of the | 8 |
| Court.
The clerk may recover from the person making the | 9 |
| maintenance or child support
payment any additional cost | 10 |
| incurred in the collection of this annual
fee.
| 11 |
| The clerk shall also be entitled to a fee of $5 for | 12 |
| certifications made
to the Secretary of State as provided | 13 |
| in Section 7-703 of the Family
Financial Responsibility Law | 14 |
| and these fees shall also be deposited into the
Separate | 15 |
| Maintenance and Child Support Collection Fund.
| 16 |
| (cc) Corrections of Numbers.
| 17 |
| For correction of the case number, case
title, or | 18 |
| attorney computer identification number, if required by | 19 |
| rule of
court, on any document filed in the clerk's office, | 20 |
| to be charged against
the party that filed the document, a | 21 |
| minimum of $10 and a maximum of $25.
| 22 |
| (dd) Exceptions.
| 23 |
| (1) The fee requirements of this Section shall not | 24 |
| apply to police
departments or other law enforcement | 25 |
| agencies. In this Section, "law
enforcement agency" means | 26 |
| an agency of the State or a unit of local
government which |
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| is vested by law or ordinance with the duty to maintain
| 2 |
| public order and to enforce criminal laws or ordinances. | 3 |
| "Law enforcement
agency" also means the Attorney General or | 4 |
| any state's attorney.
| 5 |
| (2) No fee provided herein shall be charged to any unit | 6 |
| of local
government or school district.
| 7 |
| (3) The fee requirements of this Section shall not | 8 |
| apply to any action
instituted under subsection (b) of | 9 |
| Section 11-31-1 of the Illinois Municipal
Code by a private | 10 |
| owner or tenant of real property within 1200 feet of a
| 11 |
| dangerous or unsafe building seeking an order compelling | 12 |
| the owner or owners of
the building to take any of the | 13 |
| actions authorized under that subsection.
| 14 |
| (4) The fee requirements of this Section shall not | 15 |
| apply to the filing of
any
commitment petition or petition | 16 |
| for an order authorizing the administration of | 17 |
| psychotropic medication or electroconvulsive therapy
| 18 |
| authorized
involuntary treatment in the form of medication
| 19 |
| under the Mental Health and
Developmental Disabilities | 20 |
| Code.
| 21 |
| (ee) Adoptions.
| 22 |
| (1) For an adoption ..............................$65
| 23 |
| (2) Upon good cause shown, the court may waive the | 24 |
| adoption filing fee in
a special needs adoption. The term | 25 |
| "special needs adoption" shall have the
meaning ascribed to | 26 |
| it by the Illinois Department of Children and Family
|
|
|
|
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| Services.
| 2 |
| (ff) Adoption exemptions.
| 3 |
| No fee other than that set forth in subsection (ee) | 4 |
| shall be charged to any
person in connection with an | 5 |
| adoption proceeding nor may any fee be charged for
| 6 |
| proceedings for the appointment of a confidential | 7 |
| intermediary under the
Adoption Act.
| 8 |
| (Source: P.A. 92-16, eff.
6-28-01; 92-521, eff. 6-1-02; 93-39, | 9 |
| eff. 7-1-03; 93-385, eff. 7-25-03; 93-573,
eff. 8-21-03; | 10 |
| revised 9-5-03.)
| 11 |
| (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
| 12 |
| Sec. 27.2. The fees of the clerks of the circuit court in | 13 |
| all
counties having a population in excess of 500,000 | 14 |
| inhabitants
but less than 3,000,000 inhabitants in the | 15 |
| instances described in this Section
shall be as provided in | 16 |
| this Section.
In those instances where a minimum and maximum | 17 |
| fee is stated, counties with
more than 500,000 inhabitants but | 18 |
| less than 3,000,000 inhabitants must charge
the minimum fee | 19 |
| listed in this Section and may charge up to the maximum fee if
| 20 |
| the county board has by resolution increased the fee.
In | 21 |
| addition, the minimum fees authorized in this
Section shall | 22 |
| apply to all units of local government and school districts
in | 23 |
| counties with more than 3,000,000 inhabitants. The fees shall | 24 |
| be paid
in advance and shall be as follows:
| 25 |
| (a) Civil Cases.
|
|
|
|
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| The fee for filing a complaint, petition, or other | 2 |
| pleading initiating
a civil action, with the following | 3 |
| exceptions, shall be a minimum of $150
and a maximum of | 4 |
| $190.
| 5 |
| (A) When the amount of money or damages or the | 6 |
| value of personal
property claimed does not exceed | 7 |
| $250, a minimum of $10 and a maximum of
$15.
| 8 |
| (B) When that amount exceeds $250 but does not | 9 |
| exceed $1,000, a minimum of $20 and a maximum of $40.
| 10 |
| (C) When that amount exceeds $1,000 but does not | 11 |
| exceed
$2500, a minimum
of $30 and a maximum of $50.
| 12 |
| (D) When that amount exceeds $2500 but does not | 13 |
| exceed $5,000, a minimum of $75 and a maximum of $100.
| 14 |
| (D-5) When the amount exceeds $5,000 but does not | 15 |
| exceed $15,000, a
minimum of $75 and a maximum of $150.
| 16 |
| (E) For the exercise of eminent domain, $150. For | 17 |
| each
additional lot or tract of land or right or | 18 |
| interest therein subject to be
condemned, the damages | 19 |
| in respect to which shall require separate
assessment | 20 |
| by a jury, $150.
| 21 |
| (F) No fees shall be charged by the clerk to a | 22 |
| petitioner in any
order of
protection including, but | 23 |
| not limited to, filing, modifying, withdrawing,
| 24 |
| certifying, or
photocopying petitions for orders of | 25 |
| protection, or for issuing alias summons,
or for any
| 26 |
| related filing service, certifying, modifying, |
|
|
|
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| vacating, or
photocopying any
orders of protection.
| 2 |
| (b) Forcible Entry and Detainer.
| 3 |
| In each forcible entry and detainer case when the | 4 |
| plaintiff seeks
possession only or unites with his or her | 5 |
| claim for possession of the property
a claim for rent or | 6 |
| damages or both in the amount of $15,000 or less, a
minimum | 7 |
| of $40 and a maximum of $75.
When the plaintiff unites his | 8 |
| or her claim for possession with a claim for
rent or | 9 |
| damages or both exceeding $15,000, a minimum of $150 and a
| 10 |
| maximum of $225.
| 11 |
| (c) Counterclaim or Joining Third Party Defendant.
| 12 |
| When any defendant files a counterclaim as part of his | 13 |
| or her
answer or otherwise or joins another party as a | 14 |
| third party defendant, or
both, the defendant shall pay a | 15 |
| fee for each counterclaim or third
party action in an | 16 |
| amount equal to the fee he or she would have had to pay
had | 17 |
| he or she brought a separate action for the relief sought | 18 |
| in the
counterclaim or against the third party defendant, | 19 |
| less the amount of the
appearance fee, if that has been | 20 |
| paid.
| 21 |
| (d) Confession of Judgment.
| 22 |
| In a confession of judgment when the amount does not | 23 |
| exceed $1500, a
minimum of $50 and a maximum of $60. When | 24 |
| the amount exceeds
$1500, but does not exceed $5,000, $75.
| 25 |
| When the amount exceeds $5,000, but does not exceed
| 26 |
| $15,000, $175.
When the amount exceeds $15,000, a minimum |
|
|
|
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| of $200 and a maximum of
$250.
| 2 |
| (e) Appearance.
| 3 |
| The fee for filing an appearance in each civil case | 4 |
| shall be a minimum
of $50 and a maximum of $75,
except as | 5 |
| follows:
| 6 |
| (A) When the plaintiff in a forcible entry and | 7 |
| detainer case seeks
possession only, a minimum of $20 | 8 |
| and a maximum of $40.
| 9 |
| (B) When the amount in the case does not exceed | 10 |
| $1500, a minimum of
$20 and a maximum of $40.
| 11 |
| (C) When the amount in the case exceeds $1500 but | 12 |
| does
not exceed $15,000, a minimum of $40 and a maximum | 13 |
| of $60.
| 14 |
| (f) Garnishment, Wage Deduction, and Citation.
| 15 |
| In garnishment affidavit, wage deduction affidavit, | 16 |
| and citation
petition when the amount does not exceed | 17 |
| $1,000, a minimum of $10 and a
maximum of $15; when the | 18 |
| amount
exceeds $1,000 but does not exceed $5,000, a minimum | 19 |
| of $20 and a maximum
of $30; and when the amount exceeds
| 20 |
| $5,000, a minimum of $30 and a maximum of $50.
| 21 |
| (g) Petition to Vacate
or Modify.
| 22 |
| (1) Petition to vacate
or modify any final judgment or | 23 |
| order of court,
except in forcible entry and detainer cases | 24 |
| and small claims cases or a
petition to reopen an estate, | 25 |
| to modify, terminate, or enforce a
judgment or order for | 26 |
| child or spousal support, or to modify, suspend, or
|
|
|
|
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| terminate an order for withholding, if filed before 30 days | 2 |
| after the entry
of the judgment or order, a minimum of $40 | 3 |
| and a maximum of $50.
| 4 |
| (2) Petition to vacate
or modify any final judgment
or | 5 |
| order of court, except a petition to modify, terminate, or | 6 |
| enforce a
judgment or order for child or spousal support or | 7 |
| to modify, suspend, or
terminate an order for withholding, | 8 |
| if filed later than 30 days
after the entry of the judgment | 9 |
| or order, a minimum of $60 and a maximum
of $75.
| 10 |
| (3) Petition to vacate order of bond forfeiture, a | 11 |
| minimum of $20
and a maximum of $40.
| 12 |
| (h) Mailing.
| 13 |
| When the clerk is required to mail, the fee will be a | 14 |
| minimum of $6
and a maximum of $10, plus the cost of | 15 |
| postage.
| 16 |
| (i) Certified Copies.
| 17 |
| Each certified copy of a judgment after the first, | 18 |
| except in small
claims and forcible entry and detainer | 19 |
| cases, a minimum of $10 and a
maximum of $15.
| 20 |
| (j) Habeas Corpus.
| 21 |
| For filing a petition for relief by habeas corpus, a | 22 |
| minimum of $80
and a maximum of $125.
| 23 |
| (k) Certification, Authentication, and Reproduction.
| 24 |
| (1) Each certification or authentication for taking | 25 |
| the acknowledgment
of a deed or other instrument in writing | 26 |
| with the seal of office, a minimum
of $4 and a maximum of |
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| $6.
| 2 |
| (2) Court appeals when original documents are | 3 |
| forwarded, under 100 pages,
plus delivery and costs, a | 4 |
| minimum of $50 and a maximum of $75.
| 5 |
| (3) Court appeals when original documents are | 6 |
| forwarded, over 100 pages,
plus delivery and costs, a | 7 |
| minimum of $120 and a maximum of $150.
| 8 |
| (4) Court appeals when original documents are | 9 |
| forwarded, over 200
pages, an additional fee of a minimum | 10 |
| of 20 and a maximum of 25 cents
per page.
| 11 |
| (5) For reproduction of any document contained in the | 12 |
| clerk's files:
| 13 |
| (A) First page, $2.
| 14 |
| (B) Next 19 pages, 50 cents per page.
| 15 |
| (C) All remaining pages, 25 cents per page.
| 16 |
| (l) Remands.
| 17 |
| In any cases remanded to the Circuit Court from the | 18 |
| Supreme Court
or the Appellate Court for a new trial, the | 19 |
| clerk shall file the remanding
order and reinstate the case | 20 |
| with either its original number or a new number.
The Clerk | 21 |
| shall not
charge any new or additional fee for the | 22 |
| reinstatement. Upon reinstatement the
Clerk shall advise | 23 |
| the parties of the reinstatement. A party shall have the
| 24 |
| same right to a jury trial on remand and reinstatement as | 25 |
| he or she had before
the appeal, and no additional or new | 26 |
| fee or charge shall be made for a jury
trial after remand.
|
|
|
|
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| (m) Record Search.
| 2 |
| For each record search, within a division or municipal | 3 |
| district, the
clerk shall be entitled to a search fee of a | 4 |
| minimum of $4 and a maximum
of $6 for each year searched.
| 5 |
| (n) Hard Copy.
| 6 |
| For each page of hard copy print output, when case | 7 |
| records are
maintained on an automated medium, the clerk | 8 |
| shall be entitled to a fee of a
minimum of $4 and a maximum | 9 |
| of $6.
| 10 |
| (o) Index Inquiry and Other Records.
| 11 |
| No fee shall be charged for a single | 12 |
| plaintiff/defendant index inquiry
or single case record | 13 |
| inquiry when this request is made in person and the
records | 14 |
| are maintained in a current automated medium, and when no | 15 |
| hard copy
print output is requested. The fees to be charged | 16 |
| for management records,
multiple case records, and | 17 |
| multiple journal records may be specified by the
Chief | 18 |
| Judge pursuant to the guidelines for access and | 19 |
| dissemination of
information approved by the Supreme | 20 |
| Court.
| 21 |
| (p) (Blank).
| 22 |
| (q) Alias Summons.
| 23 |
| For each alias summons or citation issued by the clerk, | 24 |
| a minimum of $4
and a maximum of $5.
| 25 |
| (r) Other Fees.
| 26 |
| Any fees not covered in this Section shall be set by |
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| rule or
administrative order of the Circuit Court with the | 2 |
| approval of the
Administrative Office of the Illinois | 3 |
| Courts.
| 4 |
| The clerk of the circuit court may provide additional | 5 |
| services for
which there is no fee specified by statute in | 6 |
| connection with the operation
of the clerk's office as may | 7 |
| be requested by the public and agreed to by
the clerk and | 8 |
| approved by the chief judge of the circuit court. Any
| 9 |
| charges for additional services shall be as agreed to
| 10 |
| between the clerk and the party making the request and | 11 |
| approved by the
chief judge of the circuit court. Nothing | 12 |
| in this
subsection shall be construed to require any clerk | 13 |
| to provide any service
not otherwise required by law.
| 14 |
| (s) Jury Services.
| 15 |
| The clerk shall be entitled to receive, in
addition to | 16 |
| other fees allowed by law, the sum of a minimum of $192.50
| 17 |
| and a maximum of $212.50, as a fee for the
services of a | 18 |
| jury in every civil action not quasi-criminal in its
nature | 19 |
| and not a proceeding for the exercise of the right of | 20 |
| eminent
domain and in every other action wherein the right | 21 |
| of trial by jury
is or may be given by law. The jury fee | 22 |
| shall be paid by the party
demanding a jury at the time of | 23 |
| filing the jury demand. If the fee is
not paid by either | 24 |
| party, no jury shall be called in the action or
proceeding, | 25 |
| and the same shall be tried by the court without a jury.
| 26 |
| (t) Voluntary Assignment.
|
|
|
|
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| For filing each deed of voluntary assignment, a minimum | 2 |
| of $10 and a
maximum of $20; for recording
the same, a | 3 |
| minimum of 25˘ and a maximum of 50˘ for each 100 words.
| 4 |
| Exceptions filed to claims presented
to an assignee of a | 5 |
| debtor who has made a voluntary assignment for the
benefit | 6 |
| of creditors shall be considered and treated, for the | 7 |
| purpose of
taxing costs therein, as actions in which the | 8 |
| party or parties filing
the exceptions shall be considered | 9 |
| as party or parties plaintiff, and
the claimant or | 10 |
| claimants as party or parties defendant, and those
parties | 11 |
| respectively shall pay to the clerk the same fees
as | 12 |
| provided by this Section to be paid in other actions.
| 13 |
| (u) Expungement Petition.
| 14 |
| The clerk shall be entitled to receive a
fee of a | 15 |
| minimum of $30 and a maximum of $60 for each expungement
| 16 |
| petition filed and an additional fee of a minimum of $2 and | 17 |
| a maximum of
$4 for each certified copy of an order to | 18 |
| expunge arrest records.
| 19 |
| (v) Probate.
| 20 |
| The clerk is entitled to receive the fees specified in | 21 |
| this subsection
(v), which shall be paid in advance, except | 22 |
| that, for good cause shown, the
court may suspend, reduce, | 23 |
| or release the costs payable under this subsection:
| 24 |
| (1) For administration of the estate of a decedent | 25 |
| (whether testate
or intestate) or of a missing person, a | 26 |
| minimum of $100 and a maximum of
$150, plus the fees |
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| specified in
subsection (v)(3), except:
| 2 |
| (A) When the value of the real and personal | 3 |
| property does not exceed
$15,000, the fee shall be a | 4 |
| minimum of $25 and a maximum of $40.
| 5 |
| (B) When (i) proof of heirship alone is made, (ii) | 6 |
| a domestic or
foreign will is admitted to probate | 7 |
| without administration (including
proof of heirship), | 8 |
| or (iii) letters of office are issued for a particular
| 9 |
| purpose without administration of the estate, the fee | 10 |
| shall be a minimum of
$25 and a maximum of $40.
| 11 |
| (2) For administration of the estate of a ward, a | 12 |
| minimum of $50 and
a maximum of $75,
plus the fees | 13 |
| specified in subsection (v)(3), except:
| 14 |
| (A) When the value of the real and personal | 15 |
| property does not exceed
$15,000, the fee shall be a | 16 |
| minimum of $25 and a maximum of $40.
| 17 |
| (B) When (i) letters of office are issued to a | 18 |
| guardian of the
person or persons, but not of the | 19 |
| estate or (ii) letters of office are
issued in the
| 20 |
| estate of a ward without administration of the estate, | 21 |
| including filing or
joining in the filing of a tax | 22 |
| return or releasing a mortgage or consenting
to the | 23 |
| marriage of the ward, the fee shall be a minimum of $10 | 24 |
| and a
maximum
of $20.
| 25 |
| (3) In addition to the fees payable under subsection | 26 |
| (v)(1) or (v)(2)
of this Section, the following fees are |
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| payable:
| 2 |
| (A) For each account (other than one final account) | 3 |
| filed in the
estate of a decedent, or ward, a minimum | 4 |
| of $15 and a maximum of $25.
| 5 |
| (B) For filing a claim in an estate when the amount | 6 |
| claimed is $150
or more but less than $500, a minimum | 7 |
| of $10 and a maximum of $20; when
the amount claimed is | 8 |
| $500 or
more but less than $10,000, a minimum of $25 | 9 |
| and a maximum of $40; when
the amount claimed is | 10 |
| $10,000 or more, a minimum of $40 and a maximum of
$60; | 11 |
| provided that the court in allowing a claim may add to | 12 |
| the amount
allowed
the filing fee paid by the claimant.
| 13 |
| (C) For filing in an estate a claim, petition, or | 14 |
| supplemental
proceeding based upon an action seeking | 15 |
| equitable relief including the
construction or contest | 16 |
| of a will, enforcement of a contract to make a
will, | 17 |
| and proceedings involving testamentary trusts or the | 18 |
| appointment of
testamentary trustees, a minimum of $40 | 19 |
| and a maximum of $60.
| 20 |
| (D) For filing in an estate (i) the appearance of | 21 |
| any person for the
purpose of consent or (ii) the | 22 |
| appearance of an executor, administrator,
| 23 |
| administrator to collect, guardian, guardian ad litem, | 24 |
| or special
administrator, no fee.
| 25 |
| (E) Except as provided in subsection (v)(3)(D), | 26 |
| for filing the
appearance of any person or persons, a |
|
|
|
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| 1 |
| minimum of $10 and a maximum of
$30.
| 2 |
| (F) For each jury demand, a minimum of $102.50 and | 3 |
| a maximum of
$137.50.
| 4 |
| (G) For disposition of the collection of a judgment | 5 |
| or settlement of
an action or claim for wrongful death | 6 |
| of a decedent or of any cause of
action of a ward, when | 7 |
| there is no other administration
of the estate, a | 8 |
| minimum of $30 and a maximum of $50, less any amount
| 9 |
| paid under subsection (v)(1)(B)
or (v)(2)(B) except | 10 |
| that if the amount involved does not exceed
$5,000, the | 11 |
| fee, including any amount paid under subsection | 12 |
| (v)(1)(B) or
(v)(2)(B), shall be a minimum of $10 and a | 13 |
| maximum of $20.
| 14 |
| (H) For each certified copy of letters of office, | 15 |
| of court order or
other certification, a minimum of $1 | 16 |
| and a maximum of $2, plus a
minimum of 50˘ and a | 17 |
| maximum of $1 per page in excess of 3 pages for the
| 18 |
| document certified.
| 19 |
| (I) For each exemplification, a minimum of $1 and a | 20 |
| maximum of
$2, plus the fee for certification.
| 21 |
| (4) The executor, administrator, guardian, petitioner,
| 22 |
| or other interested person or his or her attorney shall pay | 23 |
| the cost of
publication by the clerk directly to the | 24 |
| newspaper.
| 25 |
| (5) The person on whose behalf a charge is incurred for | 26 |
| witness,
court reporter, appraiser, or other miscellaneous |
|
|
|
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| 1 |
| fee shall pay the same
directly to the person entitled | 2 |
| thereto.
| 3 |
| (6) The executor, administrator, guardian, petitioner,
| 4 |
| or other interested person or his attorney shall pay to the | 5 |
| clerk all
postage charges incurred by the clerk in mailing | 6 |
| petitions, orders,
notices, or other documents pursuant to | 7 |
| the provisions of the Probate Act
of 1975.
| 8 |
| (w) Criminal and Quasi-Criminal Costs and Fees.
| 9 |
| (1) The clerk shall be entitled to costs in all | 10 |
| criminal
and quasi-criminal cases from each person | 11 |
| convicted or sentenced to
supervision therein as follows:
| 12 |
| (A) Felony complaints, a minimum of $80 and a | 13 |
| maximum of $125.
| 14 |
| (B) Misdemeanor complaints, a minimum of $50 and a | 15 |
| maximum of
$75.
| 16 |
| (C) Business offense complaints, a minimum of $50 | 17 |
| and a maximum of
$75.
| 18 |
| (D) Petty offense complaints, a minimum of $50 and | 19 |
| a maximum of
$75.
| 20 |
| (E) Minor traffic or ordinance violations, $20.
| 21 |
| (F) When court appearance required, $30.
| 22 |
| (G) Motions to vacate or amend final orders, a | 23 |
| minimum of $20 and
a maximum of $40.
| 24 |
| (H) Motions to vacate bond forfeiture orders, a | 25 |
| minimum of $20 and
a maximum of $30.
| 26 |
| (I) Motions to vacate ex parte judgments, whenever |
|
|
|
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| 1 |
| filed, a minimum
of $20 and a maximum of $30.
| 2 |
| (J) Motions to vacate judgment on forfeitures, | 3 |
| whenever filed, a
minimum of $20 and a maximum of $25.
| 4 |
| (K) Motions to vacate "failure to appear" or | 5 |
| "failure to comply"
notices sent to the Secretary of | 6 |
| State, a minimum of $20 and a maximum of
$40.
| 7 |
| (2) In counties having a population of more than | 8 |
| 500,000
but fewer
than 3,000,000 inhabitants, when the | 9 |
| violation complaint is issued by a
municipal police | 10 |
| department, the clerk shall be entitled to costs from each
| 11 |
| person convicted therein as follows:
| 12 |
| (A) Minor traffic or ordinance violations, $10.
| 13 |
| (B) When court appearance required, $15.
| 14 |
| (3) In ordinance violation cases punishable by fine | 15 |
| only, the clerk
of the circuit court shall be entitled to | 16 |
| receive, unless the fee is
excused upon a finding by the | 17 |
| court that the defendant is indigent, in
addition to other | 18 |
| fees or costs allowed or imposed by law, the sum of a
| 19 |
| minimum of $50 and a maximum of $112.50
as a fee for the | 20 |
| services of a jury. The jury fee shall be paid by the
| 21 |
| defendant at the time of filing his or her jury demand. If | 22 |
| the fee is not
so paid by the defendant, no jury shall be | 23 |
| called, and the case shall be
tried by the court without a | 24 |
| jury.
| 25 |
| (x) Transcripts of Judgment.
| 26 |
| For the filing of a transcript of judgment, the clerk |
|
|
|
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LRB095 07220 DRJ 27355 b |
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| 1 |
| shall be entitled
to the same fee as if it were the | 2 |
| commencement of new suit.
| 3 |
| (y) Change of Venue.
| 4 |
| (1) For the filing of a change of case on a change of | 5 |
| venue, the clerk
shall be entitled to the same fee as if it | 6 |
| were the commencement of a new suit.
| 7 |
| (2) The fee for the preparation and certification of a | 8 |
| record on a
change of venue to another jurisdiction, when | 9 |
| original documents are
forwarded, a minimum of $25 and a | 10 |
| maximum of $40.
| 11 |
| (z) Tax objection complaints.
| 12 |
| For each tax objection complaint containing one or more | 13 |
| tax
objections, regardless of the number of parcels | 14 |
| involved
or the number of taxpayers joining in the | 15 |
| complaint, a minimum of $25
and a maximum of $50.
| 16 |
| (aa) Tax Deeds.
| 17 |
| (1) Petition for tax deed, if only one parcel is | 18 |
| involved, a minimum
of $150 and a maximum of $250.
| 19 |
| (2) For each additional parcel, add a fee of a minimum | 20 |
| of $50 and a
maximum of $100.
| 21 |
| (bb) Collections.
| 22 |
| (1) For all collections made of others, except the | 23 |
| State and county
and except in maintenance or child support | 24 |
| cases, a sum equal to a minimum
of 2.5% and a maximum of | 25 |
| 3.0% of the amount collected and turned over.
| 26 |
| (2) Interest earned on any funds held by the clerk |
|
|
|
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LRB095 07220 DRJ 27355 b |
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| 1 |
| shall be turned
over to the county general fund as an | 2 |
| earning of the office.
| 3 |
| (3) For any check, draft, or other bank instrument | 4 |
| returned to the clerk
for non-sufficient funds, account | 5 |
| closed, or payment stopped, $25.
| 6 |
| (4) In child support and maintenance cases, the clerk, | 7 |
| if authorized by an
ordinance of the county board, may | 8 |
| collect an annual fee of up to $36 from
the person making | 9 |
| payment for maintaining child support records and the
| 10 |
| processing of support orders to the State of Illinois KIDS | 11 |
| system and the
recording of payments issued by the State | 12 |
| Disbursement Unit for the official
record of the Court.
| 13 |
| This fee shall be in addition
to and separate from amounts | 14 |
| ordered to be paid as maintenance or child
support and | 15 |
| shall be deposited into a Separate Maintenance and Child | 16 |
| Support
Collection Fund, of which the clerk shall be the | 17 |
| custodian, ex-officio, to
be used by the clerk to maintain | 18 |
| child support orders and record all payments
issued by the | 19 |
| State Disbursement Unit for the official record of the | 20 |
| Court.
The clerk may recover from the person making the | 21 |
| maintenance or child support
payment any additional cost | 22 |
| incurred in the collection of this annual
fee.
| 23 |
| The clerk shall also be entitled to a fee of $5 for | 24 |
| certifications made
to the Secretary of State as provided | 25 |
| in Section 7-703 of the Family Financial
Responsibility Law | 26 |
| and these fees shall also be deposited into the Separate
|
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
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| 1 |
| Maintenance and Child Support Collection Fund.
| 2 |
| (cc) Corrections of Numbers.
| 3 |
| For correction of the case number, case title, or | 4 |
| attorney computer
identification number, if required by | 5 |
| rule of court, on any document filed
in the clerk's office, | 6 |
| to be charged against the party that filed the
document, a | 7 |
| minimum of $15 and a maximum of $25.
| 8 |
| (dd) Exceptions.
| 9 |
| The fee requirements of this Section shall not apply to | 10 |
| police
departments or other law enforcement agencies. In | 11 |
| this Section, "law
enforcement agency" means an agency of | 12 |
| the State or a unit of local
government which is vested by | 13 |
| law or ordinance with the duty to maintain
public order and | 14 |
| to enforce criminal laws or ordinances. "Law enforcement
| 15 |
| agency" also means the Attorney General or any state's | 16 |
| attorney.
The fee requirements of this Section shall not | 17 |
| apply to any action instituted
under subsection (b) of | 18 |
| Section 11-31-1 of the Illinois Municipal Code by a
private | 19 |
| owner or tenant of real property within 1200 feet of a | 20 |
| dangerous or
unsafe building seeking an order compelling | 21 |
| the owner or owners of the building
to take any of the | 22 |
| actions authorized under that subsection.
| 23 |
| The fee requirements of this Section shall not apply to | 24 |
| the filing of any
commitment petition or petition for an | 25 |
| order authorizing the administration of psychotropic | 26 |
| medication or electroconvulsive therapy
authorized
|
|
|
|
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| involuntary treatment in the form of medication under the | 2 |
| Mental Health and
Developmental Disabilities Code.
| 3 |
| (ee) Adoptions.
| 4 |
| (1) For an adoption ..............................$65
| 5 |
| (2) Upon good cause shown, the court may waive the | 6 |
| adoption filing fee in
a special needs adoption. The term | 7 |
| "special needs adoption" shall have the
meaning ascribed to | 8 |
| it by the Illinois Department of Children and Family
| 9 |
| Services.
| 10 |
| (ff) Adoption exemptions.
| 11 |
| No fee other than that set forth in subsection (ee) | 12 |
| shall be charged to any
person in connection with an | 13 |
| adoption proceeding
nor may any fee be charged
for | 14 |
| proceedings for the
appointment of a confidential | 15 |
| intermediary under the Adoption Act.
| 16 |
| (gg) Unpaid fees.
| 17 |
| Unless a court ordered payment schedule is implemented | 18 |
| or the fee
requirements of this Section are waived pursuant | 19 |
| to court order, the clerk of
the court may add to any | 20 |
| unpaid fees and costs under this Section a delinquency
| 21 |
| amount equal to 5% of the unpaid fees that remain unpaid | 22 |
| after 30 days, 10% of
the unpaid fees that remain unpaid | 23 |
| after 60 days, and 15% of the unpaid fees
that remain | 24 |
| unpaid after 90 days. Notice to those parties may be made | 25 |
| by
signage posting or publication. The additional | 26 |
| delinquency amounts collected under this Section shall
be |
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| used to defray additional administrative costs incurred by | 2 |
| the clerk of the
circuit court in collecting unpaid fees | 3 |
| and costs.
| 4 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-521, eff. 6-1-02; 93-385, | 5 |
| eff. 7-25-03; 93-573, eff. 8-21-03; 93-760, eff. 1-1-05.)
| 6 |
| (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
| 7 |
| Sec. 27.2a. The fees of the clerks of the circuit court in | 8 |
| all
counties having a population of 3,000,000 or more | 9 |
| inhabitants in the
instances described in this Section shall be | 10 |
| as provided in this
Section. In those instances where a minimum | 11 |
| and maximum fee is stated, the
clerk of the circuit court must | 12 |
| charge the minimum fee listed
and may charge up to the maximum | 13 |
| fee if the county board has by resolution
increased the fee. | 14 |
| The fees shall be paid in advance and shall be as follows:
| 15 |
| (a) Civil Cases.
| 16 |
| The fee for filing a complaint, petition, or other | 17 |
| pleading
initiating a civil action, with the following | 18 |
| exceptions, shall be a minimum
of $190 and a maximum of | 19 |
| $240.
| 20 |
| (A) When the amount of money or damages or the | 21 |
| value of personal
property claimed does not exceed | 22 |
| $250, a minimum of $15 and a maximum of
$22.
| 23 |
| (B) When that amount exceeds $250 but does not | 24 |
| exceed $1000, a minimum
of $40 and a maximum of $75.
| 25 |
| (C) When that amount exceeds $1000 but does not |
|
|
|
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| exceed $2500, a
minimum of $50 and a maximum of $80.
| 2 |
| (D) When that amount exceeds $2500 but does not | 3 |
| exceed $5000, a
minimum of $100 and a maximum of $130.
| 4 |
| (E) When that amount exceeds $5000 but does not | 5 |
| exceed $15,000, $150.
| 6 |
| (F) For the exercise of eminent domain, $150. For | 7 |
| each additional
lot or tract of land or right or | 8 |
| interest therein subject to be condemned,
the damages | 9 |
| in respect to which shall require separate assessment | 10 |
| by a jury,
$150.
| 11 |
| (G) For the final determination of parking, | 12 |
| standing, and compliance
violations and final | 13 |
| administrative decisions issued after hearings | 14 |
| regarding
vehicle immobilization and impoundment made | 15 |
| pursuant to Sections 3-704.1,
6-306.5, and 11-208.3 of | 16 |
| the Illinois Vehicle Code, $25.
| 17 |
| (H) No fees shall be charged by the clerk to a | 18 |
| petitioner in any
order
of
protection including, but | 19 |
| not limited to, filing, modifying, withdrawing,
| 20 |
| certifying, or
photocopying petitions for orders of | 21 |
| protection, or for issuing alias summons,
or for any
| 22 |
| related filing service, certifying, modifying, | 23 |
| vacating, or
photocopying any
orders of protection.
| 24 |
| (b) Forcible Entry and Detainer.
| 25 |
| In each forcible entry and detainer case when the | 26 |
| plaintiff seeks
possession only or unites with his or her |
|
|
|
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| claim for possession of the property
a claim for rent or | 2 |
| damages or both in the amount of $15,000 or less, a
minimum | 3 |
| of $75 and a maximum of $140.
When the plaintiff unites his | 4 |
| or her claim for possession with a claim for
rent or | 5 |
| damages or both exceeding $15,000, a minimum of $225 and a
| 6 |
| maximum of
$335.
| 7 |
| (c) Counterclaim or Joining Third Party Defendant.
| 8 |
| When any defendant files a counterclaim as part of his | 9 |
| or her answer or
otherwise or joins another party as a | 10 |
| third party defendant, or both, the
defendant shall pay a | 11 |
| fee for each counterclaim or third party action in an
| 12 |
| amount equal to the fee he or she would have had to pay had | 13 |
| he or she
brought a separate action for the relief sought | 14 |
| in the counterclaim or
against the third party defendant, | 15 |
| less the amount of the appearance fee,
if that has been | 16 |
| paid.
| 17 |
| (d) Confession of Judgment.
| 18 |
| In a confession of judgment when the amount does not | 19 |
| exceed $1500, a
minimum of $60 and a maximum of $70.
When | 20 |
| the amount exceeds $1500, but does not exceed $5000, a | 21 |
| minimum of $75
and a maximum of $150.
When the
amount | 22 |
| exceeds $5000, but does not exceed $15,000, a minimum of | 23 |
| $175 and
a
maximum of $260. When the
amount
exceeds | 24 |
| $15,000, a minimum of $250 and a maximum of $310.
| 25 |
| (e) Appearance.
| 26 |
| The fee for filing an appearance in each civil case |
|
|
|
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| shall be a minimum
of
$75 and a maximum of $110,
except as | 2 |
| follows:
| 3 |
| (A) When the plaintiff in a forcible entry and | 4 |
| detainer case seeks
possession only, a minimum of $40 | 5 |
| and a maximum of $80.
| 6 |
| (B) When the amount in the case does not exceed | 7 |
| $1500, a minimum of
$40 and a maximum of $80.
| 8 |
| (C) When that amount exceeds $1500 but does not | 9 |
| exceed $15,000, a
minimum of $60 and a maximum of $90.
| 10 |
| (f) Garnishment, Wage Deduction, and Citation.
| 11 |
| In garnishment affidavit, wage deduction affidavit, | 12 |
| and citation
petition when the amount does not exceed | 13 |
| $1,000, a minimum of $15 and a
maximum of $25; when the
| 14 |
| amount
exceeds $1,000 but does not exceed $5,000, a minimum | 15 |
| of $30 and a maximum
of
$45; and when the amount
exceeds
| 16 |
| $5,000, a minimum of $50 and a maximum of $80.
| 17 |
| (g) Petition to Vacate
or Modify.
| 18 |
| (1) Petition to vacate
or modify any final judgment or | 19 |
| order of court,
except in forcible entry and detainer cases | 20 |
| and small claims cases or a
petition to reopen an estate, | 21 |
| to modify, terminate, or enforce a
judgment or order for | 22 |
| child or spousal support, or to modify, suspend, or
| 23 |
| terminate an order for withholding, if filed before 30 days | 24 |
| after the entry
of the judgment or order, a minimum of $50 | 25 |
| and a maximum of $60.
| 26 |
| (2) Petition to vacate
or modify any final judgment
or |
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| order of court, except a petition to modify, terminate, or | 2 |
| enforce a
judgment or order for child or spousal support or | 3 |
| to modify, suspend, or
terminate an order for withholding, | 4 |
| if filed later than 30 days
after the entry of the judgment | 5 |
| or order, a minimum of $75 and a maximum
of
$90.
| 6 |
| (3) Petition to vacate order of bond forfeiture, a | 7 |
| minimum of $40
and a
maximum of $80.
| 8 |
| (h) Mailing.
| 9 |
| When the clerk is required to mail, the fee will be a | 10 |
| minimum of $10
and
a maximum of $15,
plus the cost of | 11 |
| postage.
| 12 |
| (i) Certified Copies.
| 13 |
| Each certified copy of a judgment after the first, | 14 |
| except in small
claims and forcible entry and detainer | 15 |
| cases, a minimum of $15 and a
maximum
of $20.
| 16 |
| (j) Habeas Corpus.
| 17 |
| For filing a petition for relief by habeas corpus, a | 18 |
| minimum of $125
and
a maximum of $190.
| 19 |
| (k) Certification, Authentication, and Reproduction.
| 20 |
| (1) Each certification or authentication for taking | 21 |
| the acknowledgment
of a deed or other instrument in writing | 22 |
| with the seal of office, a minimum
of $6 and a maximum of | 23 |
| $9.
| 24 |
| (2) Court appeals when original documents are | 25 |
| forwarded, under 100 pages,
plus delivery and costs, a | 26 |
| minimum of $75 and a maximum of $110.
|
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| (3) Court appeals when original documents are | 2 |
| forwarded, over 100 pages,
plus delivery and costs, a | 3 |
| minimum of $150 and a maximum of $185.
| 4 |
| (4) Court appeals when original documents are | 5 |
| forwarded, over 200
pages, an additional fee of a minimum | 6 |
| of 25 and a maximum of 30 cents
per
page.
| 7 |
| (5) For reproduction of any document contained in the | 8 |
| clerk's files:
| 9 |
| (A) First page, $2.
| 10 |
| (B) Next 19 pages, 50 cents per page.
| 11 |
| (C) All remaining pages, 25 cents per page.
| 12 |
| (l) Remands.
| 13 |
| In any cases remanded to the Circuit Court from the | 14 |
| Supreme Court
or the Appellate Court for a new trial, the | 15 |
| clerk shall file the
remanding order and reinstate the case | 16 |
| with either its original number or a new
number. The Clerk
| 17 |
| shall not charge any new or additional fee for the | 18 |
| reinstatement. Upon
reinstatement the Clerk shall advise | 19 |
| the parties of the reinstatement. A
party shall have the | 20 |
| same right to a jury trial on remand and reinstatement
as | 21 |
| he or she had before the appeal, and no additional or new | 22 |
| fee or charge
shall be made for a jury trial after remand.
| 23 |
| (m) Record Search.
| 24 |
| For each record search, within a division or municipal | 25 |
| district, the
clerk shall be entitled to a search fee of a | 26 |
| minimum of $6 and a maximum
of
$9 for each year
searched.
|
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| (n) Hard Copy.
| 2 |
| For each page of hard copy print output, when case | 3 |
| records are
maintained on an automated medium, the clerk | 4 |
| shall be entitled to a fee of
a minimum of $6 and a maximum | 5 |
| of $9.
| 6 |
| (o) Index Inquiry and Other Records.
| 7 |
| No fee shall be charged for a single | 8 |
| plaintiff/defendant index inquiry
or single case record | 9 |
| inquiry when this request is made in person and the
records | 10 |
| are maintained in a current automated medium, and when no | 11 |
| hard copy
print output is requested. The fees to be charged | 12 |
| for management records,
multiple case records, and | 13 |
| multiple journal records may be specified by the
Chief | 14 |
| Judge pursuant to the guidelines for access and | 15 |
| dissemination of
information approved by the Supreme | 16 |
| Court.
| 17 |
| (p) (Blank).
| 18 |
| (q) Alias Summons.
| 19 |
| For each alias summons or citation issued by the clerk, | 20 |
| a minimum of $5
and a maximum of $6.
| 21 |
| (r) Other Fees.
| 22 |
| Any fees not covered in this Section shall be set by | 23 |
| rule or
administrative order of the Circuit Court with the | 24 |
| approval of the
Administrative Office of the Illinois | 25 |
| Courts.
| 26 |
| The clerk of the circuit court may provide additional |
|
|
|
HB3455 |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| services for
which there is no fee specified by statute in | 2 |
| connection with the operation
of the clerk's office as may | 3 |
| be requested by the public and agreed to by
the clerk and | 4 |
| approved by the chief judge of the circuit court. Any
| 5 |
| charges for additional services shall be as agreed to
| 6 |
| between the clerk and the party making the request and | 7 |
| approved by the
chief judge of the circuit court. Nothing | 8 |
| in this
subsection shall be construed to require any clerk | 9 |
| to provide any service
not otherwise required by law.
| 10 |
| (s) Jury Services.
| 11 |
| The clerk shall be entitled to receive, in
addition to | 12 |
| other fees allowed by law, the sum of a minimum of $212.50
| 13 |
| and
maximum of $230, as a
fee for the
services of a jury in | 14 |
| every civil action not quasi-criminal in its
nature and not | 15 |
| a proceeding for the exercise of the right of eminent
| 16 |
| domain and in every other action wherein the right of trial | 17 |
| by jury
is or may be given by law. The jury fee shall be | 18 |
| paid by the party
demanding a jury at the time of filing | 19 |
| the jury demand. If the fee is
not paid by either party, no | 20 |
| jury shall be called in the action or
proceeding, and the | 21 |
| same shall be tried by the court without a jury.
| 22 |
| (t) Voluntary Assignment.
| 23 |
| For filing each deed of voluntary assignment, a minimum | 24 |
| of $20 and a
maximum of $40; for
recording
the same, a | 25 |
| minimum of 50˘ and a maximum of $0.80 for each 100 words.
| 26 |
| Exceptions filed to claims
presented
to an assignee of a |
|
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| debtor who has made a voluntary assignment for the
benefit | 2 |
| of creditors shall be considered and treated, for the | 3 |
| purpose of
taxing costs therein, as actions in which the | 4 |
| party or parties filing
the exceptions shall be considered | 5 |
| as party or parties plaintiff, and
the claimant or | 6 |
| claimants as party or parties defendant, and those
parties | 7 |
| respectively shall pay to the clerk the same fees
as | 8 |
| provided by this Section to be paid in other actions.
| 9 |
| (u) Expungement Petition.
| 10 |
| The clerk shall be entitled to receive a fee of a | 11 |
| minimum of $60 and
a
maximum of $120 for each
expungement | 12 |
| petition filed and an additional fee of a minimum of $4 and | 13 |
| a
maximum of $8 for each
certified
copy of an order to | 14 |
| expunge arrest records.
| 15 |
| (v) Probate.
| 16 |
| The clerk is entitled to receive the fees
specified in | 17 |
| this subsection (v), which shall be paid in advance,
except | 18 |
| that, for good cause shown, the court may suspend, reduce, | 19 |
| or
release the costs payable under this subsection:
| 20 |
| (1) For administration of the estate of a decedent | 21 |
| (whether testate
or intestate) or of a missing person, a | 22 |
| minimum of $150 and a maximum of
$225, plus the fees
| 23 |
| specified in
subsection (v)(3), except:
| 24 |
| (A) When the value of the real and personal | 25 |
| property does not exceed
$15,000, the fee shall be a | 26 |
| minimum of $40 and a maximum of $65.
|
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| (B) When (i) proof of heirship alone is made, (ii) | 2 |
| a domestic or
foreign will is admitted to probate | 3 |
| without administration (including
proof of heirship), | 4 |
| or (iii) letters of office are issued for a particular
| 5 |
| purpose without administration of the estate, the fee | 6 |
| shall be a minimum of
$40 and a maximum of $65.
| 7 |
| (2) For administration of the estate of a ward, a | 8 |
| minimum of $75 and
a
maximum of $110,
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 $40 and a maximum of $65.
| 13 |
| (B) When (i) letters of office are issued to a | 14 |
| guardian of the person
or persons,
but not of the | 15 |
| estate or (ii) letters of office are issued in the | 16 |
| estate of
a ward without administration of the estate, | 17 |
| including filing or joining in
the filing of a tax | 18 |
| return or releasing a mortgage or consenting to the
| 19 |
| marriage of the ward, the fee shall be a minimum of $20 | 20 |
| and a maximum of
$40.
| 21 |
| (3) In addition to the fees payable under subsection | 22 |
| (v)(1) or
(v)(2) of this Section, the following fees are | 23 |
| payable:
| 24 |
| (A) For each account (other than one final account) | 25 |
| filed in the
estate of a decedent, or ward, a minimum | 26 |
| of $25 and a maximum of $40.
|
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| (B) For filing a claim in an estate when the amount | 2 |
| claimed is $150
or more but less than $500, a minimum | 3 |
| of $20 and a maximum of $40; when
the
amount claimed is | 4 |
| $500 or
more but less than $10,000, a minimum of $40 | 5 |
| and a maximum of $65; when
the
amount claimed is | 6 |
| $10,000
or more,
a minimum of $60 and a maximum of $90; | 7 |
| provided that the court in
allowing
a claim may add to | 8 |
| the
amount allowed
the filing fee paid by the claimant.
| 9 |
| (C) For filing in an estate a claim, petition, or | 10 |
| supplemental
proceeding based upon an action seeking | 11 |
| equitable relief including the
construction or contest | 12 |
| of a will, enforcement of a contract to make a
will, | 13 |
| and proceedings involving testamentary trusts or the | 14 |
| appointment of
testamentary trustees, a minimum of $60 | 15 |
| and a maximum of $90.
| 16 |
| (D) For filing in an estate (i) the appearance of | 17 |
| any person for the
purpose of consent or (ii) the | 18 |
| appearance of an executor, administrator,
| 19 |
| administrator to collect, guardian, guardian ad litem, | 20 |
| or special
administrator, no fee.
| 21 |
| (E) Except as provided in subsection (v)(3)(D), | 22 |
| for filing the
appearance of any person or persons, a | 23 |
| minimum of $30 and a maximum of
$90.
| 24 |
| (F) For each jury demand, a minimum of $137.50 and | 25 |
| a maximum of
$180.
| 26 |
| (G) For disposition of the collection of a judgment |
|
|
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| or settlement of
an action or claim for wrongful death | 2 |
| of a decedent or of any cause of
action of a ward, when | 3 |
| there is no other administration
of the estate, a | 4 |
| minimum of $50 and a maximum of $80, less any amount
| 5 |
| paid
under subsection (v)(1)(B)
or (v)(2)(B) except | 6 |
| that if the amount involved does not exceed
$5,000, the | 7 |
| fee, including any amount paid under subsection
| 8 |
| (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a | 9 |
| maximum of $40.
| 10 |
| (H) For each certified copy of letters of office, | 11 |
| of court order or
other certification, a minimum of $2 | 12 |
| and a maximum of $4, plus $1 per
page
in excess
of 3 | 13 |
| pages for the document certified.
| 14 |
| (I) For each exemplification, $2, plus the fee for | 15 |
| certification.
| 16 |
| (4) The executor, administrator, guardian, petitioner,
| 17 |
| or other interested person or his or her attorney shall pay | 18 |
| the cost of
publication by the clerk directly to the | 19 |
| newspaper.
| 20 |
| (5) The person on whose behalf a charge is incurred for | 21 |
| witness,
court reporter, appraiser, or other miscellaneous | 22 |
| fee shall pay the same
directly to the person entitled | 23 |
| thereto.
| 24 |
| (6) The executor, administrator, guardian, petitioner, | 25 |
| or other
interested person or his or her attorney shall pay | 26 |
| to the clerk all postage
charges incurred by the clerk in |
|
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LRB095 07220 DRJ 27355 b |
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| 1 |
| mailing petitions, orders, notices, or
other documents | 2 |
| pursuant to the provisions of the Probate Act of 1975.
| 3 |
| (w) Criminal and Quasi-Criminal Costs and Fees.
| 4 |
| (1) The clerk shall be entitled to costs in all | 5 |
| criminal
and quasi-criminal cases from each person | 6 |
| convicted or sentenced to
supervision therein as follows:
| 7 |
| (A) Felony complaints, a minimum of $125 and a | 8 |
| maximum of $190.
| 9 |
| (B) Misdemeanor complaints, a minimum of $75 and a | 10 |
| maximum of
$110.
| 11 |
| (C) Business offense complaints, a minimum of $75 | 12 |
| and a maximum of
$110.
| 13 |
| (D) Petty offense complaints, a minimum of $75 and | 14 |
| a maximum of
$110.
| 15 |
| (E) Minor traffic or ordinance 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 |
|
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LRB095 07220 DRJ 27355 b |
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| 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 |
| (B) When court appearance required, $50.
| 8 |
| (3) In ordinance violation cases punishable by fine | 9 |
| only, the clerk
of the circuit court shall be entitled to | 10 |
| receive, unless the fee is
excused upon a finding by the | 11 |
| court that the defendant is indigent, in
addition to other | 12 |
| fees or costs allowed or imposed by law, the sum of a
| 13 |
| minimum of
$112.50 and a maximum of $250
as a fee for the | 14 |
| services of a jury. The jury fee shall be paid by the
| 15 |
| defendant at the time of filing his or her jury demand. If | 16 |
| the fee is not
so paid by the defendant, no jury shall be | 17 |
| called, and the case shall be
tried by the court without a | 18 |
| jury.
| 19 |
| (x) Transcripts of Judgment.
| 20 |
| For the filing of a transcript of judgment, the clerk | 21 |
| shall be entitled
to the same fee as if it were the | 22 |
| commencement of a new suit.
| 23 |
| (y) Change of Venue.
| 24 |
| (1) For the filing of a change of case on a change of | 25 |
| venue, the clerk
shall be entitled to the same fee as if it | 26 |
| were the commencement of a new suit.
|
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LRB095 07220 DRJ 27355 b |
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| 1 |
| (2) The fee for the preparation and certification of a | 2 |
| record on a
change of venue to another jurisdiction, when | 3 |
| original documents are
forwarded, a minimum of $40 and a | 4 |
| maximum of $65.
| 5 |
| (z) Tax objection complaints.
| 6 |
| For each tax objection complaint containing one or more | 7 |
| tax
objections, regardless of the number of parcels | 8 |
| involved or the number of
taxpayers joining in the | 9 |
| complaint, a minimum of $50 and a maximum of
$100.
| 10 |
| (aa) Tax Deeds.
| 11 |
| (1) Petition for tax deed, if only one parcel is | 12 |
| involved, a minimum
of
$250 and a maximum of $400.
| 13 |
| (2) For each additional parcel, add a fee of a minimum | 14 |
| of $100 and a
maximum of $200.
| 15 |
| (bb) Collections.
| 16 |
| (1) For all collections made of others, except the | 17 |
| State and county
and except in maintenance or child support | 18 |
| cases, a sum equal to 3.0% of
the amount collected and | 19 |
| turned over.
| 20 |
| (2) Interest earned on any funds held by the clerk | 21 |
| shall be turned
over to the county general fund as an | 22 |
| earning of the office.
| 23 |
| (3) For any check, draft, or other bank instrument | 24 |
| returned to the
clerk for non-sufficient funds, account | 25 |
| closed, or payment stopped, $25.
| 26 |
| (4) In child support and maintenance cases, the clerk, |
|
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LRB095 07220 DRJ 27355 b |
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| 1 |
| if authorized by an
ordinance of the county board, may | 2 |
| collect an annual fee of up to $36 from
the person making | 3 |
| payment for maintaining child support records and the
| 4 |
| processing of support orders to the State of Illinois KIDS | 5 |
| system and the
recording of payments issued by the State | 6 |
| Disbursement Unit for the official
record of the Court. | 7 |
| This fee shall be in addition
to and separate from amounts | 8 |
| ordered to be paid as maintenance or child
support and | 9 |
| shall be deposited into a Separate Maintenance and Child | 10 |
| Support
Collection Fund, of which the clerk shall be the | 11 |
| custodian, ex-officio, to
be used by the clerk to maintain | 12 |
| child support orders and record all payments
issued by the | 13 |
| State Disbursement Unit for the official record of the | 14 |
| Court.
The clerk may recover from the person making the | 15 |
| maintenance or child
support payment any additional cost | 16 |
| incurred in the collection of this annual
fee.
| 17 |
| The clerk shall also be entitled to a fee of $5 for | 18 |
| certifications made
to the Secretary of State as provided | 19 |
| in Section 7-703 of the Family
Financial Responsibility Law | 20 |
| and these fees shall also be deposited into the
Separate | 21 |
| Maintenance and Child Support Collection Fund.
| 22 |
| (cc) Corrections of Numbers.
| 23 |
| For correction of the case number, case title, or | 24 |
| attorney computer
identification number, if required by | 25 |
| rule of court, on any document filed
in the clerk's office, | 26 |
| to be charged against the party that filed the document,
a |
|
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LRB095 07220 DRJ 27355 b |
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| 1 |
| minimum of $25 and a maximum of $40.
| 2 |
| (dd) Exceptions.
| 3 |
| (1) The fee requirements of this Section shall not | 4 |
| apply to police
departments or other law enforcement | 5 |
| agencies. In this Section, "law
enforcement agency" means | 6 |
| an agency of the State or a unit of local
government which | 7 |
| is vested by law or ordinance with the duty to maintain
| 8 |
| public order and to enforce criminal laws or ordinances. | 9 |
| "Law enforcement
agency" also means the Attorney General or | 10 |
| any state's attorney.
| 11 |
| (2) No fee provided herein shall be charged to any unit | 12 |
| of
local government or school district.
The fee | 13 |
| requirements of this Section shall not apply to any action | 14 |
| instituted
under subsection (b) of Section 11-31-1 of the | 15 |
| Illinois Municipal Code by a
private owner or tenant of | 16 |
| real property within 1200 feet of a dangerous or
unsafe | 17 |
| building seeking an order compelling the owner or owners of | 18 |
| the building
to take any of the actions authorized under | 19 |
| that subsection.
| 20 |
| (3) The fee requirements of this Section shall not | 21 |
| apply to the filing
of any
commitment petition or petition | 22 |
| for an order authorizing the administration of | 23 |
| psychotropic medication or electroconvulsive therapy
| 24 |
| authorized
involuntary treatment in the form of medication
| 25 |
| under the Mental Health and
Developmental Disabilities | 26 |
| Code.
|
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LRB095 07220 DRJ 27355 b |
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| (ee) Adoption.
| 2 |
| (1) For an adoption ..............................$65
| 3 |
| (2) Upon good cause shown, the court may waive the | 4 |
| adoption filing fee
in a special needs adoption. The term | 5 |
| "special needs adoption" shall have
the meaning ascribed to | 6 |
| it by the Illinois Department of Children and Family
| 7 |
| Services.
| 8 |
| (ff) Adoption exemptions.
| 9 |
| No fee other than that set forth in subsection (ee) | 10 |
| shall be charged to
any person in connection with an | 11 |
| adoption proceeding
nor may any fee be
charged for | 12 |
| proceedings for
the appointment of a confidential | 13 |
| intermediary under the Adoption Act.
| 14 |
| (gg) Unpaid fees.
| 15 |
| Unless a court ordered payment schedule is implemented | 16 |
| or the fee
requirements of this Section are waived pursuant | 17 |
| to court order, the clerk of
the court may add to any | 18 |
| unpaid fees and costs under this Section a delinquency
| 19 |
| amount equal to 5% of the unpaid fees that remain unpaid | 20 |
| after 30 days, 10% of
the unpaid fees that remain unpaid | 21 |
| after 60 days, and 15% of the unpaid fees
that remain | 22 |
| unpaid after 90 days. Notice to those parties may be made | 23 |
| by
signage posting or publication. The additional | 24 |
| delinquency amounts collected under this Section shall
be | 25 |
| used to defray additional administrative costs incurred by | 26 |
| the clerk of the
circuit court in collecting unpaid fees |
|
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LRB095 07220 DRJ 27355 b |
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| 1 |
| and costs.
| 2 |
| (Source: P.A. 92-521, eff. 6-1-02; 93-385, eff. 7-25-03; | 3 |
| 93-573, eff. 8-21-03; 93-760, eff. 1-1-05 .)
| 4 |
| Section 20. The Health Care Surrogate Act is amended by | 5 |
| changing Section 60 as follows:
| 6 |
| (755 ILCS 40/60)
| 7 |
| Sec. 60. Health care surrogate; specific mental health | 8 |
| services.
| 9 |
| (a) In this Section, "specific mental health services" | 10 |
| means the
administration of psychotropic medication or | 11 |
| electroconvulsive therapy under Section 2-107 or 2-107.1
| 12 |
| authorized involuntary treatment as defined in Section
1-121.5
| 13 |
| of the Mental Health and Developmental Disabilities Code or
| 14 |
| admission to a mental health facility as defined in Section | 15 |
| 1-114 of that
Code.
| 16 |
| (b) A surrogate decision maker, other than a court | 17 |
| appointed
guardian, may not consent to specific mental health | 18 |
| services for an adult
patient.
A surrogate decision maker may, | 19 |
| however, petition for the
provision of specific mental health | 20 |
| services pursuant to the Mental Health and
Developmental | 21 |
| Disabilities Code.
| 22 |
| (c) This Section does not grant a court-appointed guardian | 23 |
| any additional
authority to consent to specific mental health | 24 |
| services than is permitted by
the Mental Health and |
|
|
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LRB095 07220 DRJ 27355 b |
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| 1 |
| Developmental Disabilities Code.
| 2 |
| (Source: P.A. 91-658, eff. 1-1-00.)
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
|
|