Full Text of SB1374 95th General Assembly
SB1374 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1374
Introduced 2/9/2007, by Sen. John J. Millner SYNOPSIS AS INTRODUCED: |
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705 ILCS 105/16 |
from Ch. 25, par. 16 |
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Amends the Clerk of Courts Act. Provides that a circuit clerk shall impound any document relating to child support that contains a social security number.
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A BILL FOR
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SB1374 |
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LRB095 04781 AJO 24840 b |
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| AN ACT concerning civil law.
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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 Clerks of Courts Act is amended by changing | 5 |
| Section 16 as follows:
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| (705 ILCS 105/16) (from Ch. 25, par. 16)
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| Sec. 16. Records kept by the clerks of the circuit courts | 8 |
| are
subject to the provisions of "The Local Records Act", | 9 |
| approved
August 18, 1961, as amended.
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| (a) Unless otherwise provided by rule or administrative | 11 |
| order of the Supreme
Court, the respective clerks of the | 12 |
| circuit courts shall keep in their
offices the following books:
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| 1. A general docket, upon which shall be entered all suits, | 14 |
| in the
order in which they are commenced.
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| 2. Two well-bound books, to be denominated "Plaintiff's | 16 |
| Index to
Court Records," and "Defendant's Index to Court | 17 |
| Records" to be ruled and
printed substantially in the following | 18 |
| manner:
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19 | | ....... |
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20 | | Plaintiffs |
Defendants |
Kind of |
Date |
Record |
Pages |
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21 | | |
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Action |
Commenced |
Book |
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22 | | ....... |
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23 | | ......
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SB1374 |
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LRB095 04781 AJO 24840 b |
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| 1 | | ........ |
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2 | | Date of |
Judgment |
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3 | | |
judgment |
docket |
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4 | | ....... |
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5 | | |
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Book Page |
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6 | | ....... |
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7 | | | | | Certificate | Satisfied |
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8 | | | Certificate | Certificate | of | or not | Number |
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9 | | |
of levy |
of sale |
redemption |
satisfied of case |
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10 | | ........ |
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11 | | Fee Book | Book Page | Book Page | Book Page | | |
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12 | | ....... |
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| All cases shall be entered in such books, in alphabetical | 14 |
| order, by the
name of each plaintiff and defendant. The books | 15 |
| shall set forth the names
of the parties, kind of action, date | 16 |
| commenced, the record books and pages
on which the cases are | 17 |
| recorded, the date of judgment, books and pages of
the judgment | 18 |
| dockets, fee book, certificates of levy, sale and redemption
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| records on which they are entered satisfied or not satisfied, | 20 |
| and number of
case. The defendant's index shall be ruled and | 21 |
| printed in the same manner
as the plaintiff's except the | 22 |
| parties shall be reversed.
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| 3. Proper books of record, with indices, showing the names
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| of all parties to any action or judgment therein recorded,
with | 25 |
| a reference to the page where it is recorded.
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| 4. A judgment docket, in which all final
judgments (except |
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SB1374 |
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LRB095 04781 AJO 24840 b |
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| child support orders as hereinafter provided) shall
be minuted | 2 |
| at the time they are entered, or within 60 days
thereafter in | 3 |
| alphabetical order, by the name of every person against whom
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| the judgment is entered, showing, in the proper columns ruled | 5 |
| for
that purpose, the names of the parties, the date, nature of | 6 |
| the judgment,
amount of the judgment and costs in separate | 7 |
| items,
for which it is issued, to whom issued, when returned, | 8 |
| and the manner of
its enforcement; a blank column shall be kept | 9 |
| in which
may be entered a note of the satisfaction or other | 10 |
| disposition of the judgment
or order and when satisfied by | 11 |
| enforcement or otherwise, or set aside or
enjoined; the clerk | 12 |
| shall enter a minute thereof in such column, showing
how | 13 |
| disposed of, the date and the book and page, where the evidence | 14 |
| thereof
is to be found. In the case of child support orders or | 15 |
| modifications of
such orders entered on or after May 1, 1987, | 16 |
| the clerk shall minute such
orders or modifications in the | 17 |
| manner and form provided herein but shall
not minute every | 18 |
| child support installment when due or every child support
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| payment when made. Such dockets may be searched by persons, at | 20 |
| all reasonable
times without fee.
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| 5. A fee book, in which shall be distinctly set down, in
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| items, the proper title of the cause and heads, the cost of | 23 |
| each action,
including clerk's, sheriff's and witness' fees, | 24 |
| stating the name
of each witness having claimed attendance in | 25 |
| respect of the trial
or hearing of such action with the number | 26 |
| of days attended. It shall
not be necessary to insert the cost |
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SB1374 |
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LRB095 04781 AJO 24840 b |
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| in the judgment; but whenever an action is
determined and final | 2 |
| judgment entered, the costs of each party litigant
shall be | 3 |
| made up and entered in such fee book, which shall be considered | 4 |
| a
part of the record and judgment, subject, however, at all | 5 |
| times to be
corrected by the court; and the prevailing party | 6 |
| shall be considered as
having recovered judgment for the amount | 7 |
| of the costs so taxed in his or
her favor, and the same shall be | 8 |
| included in the certified copy of such
judgment, and a bill | 9 |
| thereof accompanying certified copy of the judgment.
If any | 10 |
| clerk shall issue a fee bill or a bill of costs,
with the | 11 |
| certified copy of the judgment without
first entering the same | 12 |
| in the fee book, or if any such bill
of costs or fee bill shall | 13 |
| be issued which shall not be in substance a copy
of the | 14 |
| recorded bill, the same shall be void. Any person having paid | 15 |
| such
bill of costs or fee bill, may recover from the clerk the | 16 |
| amount thereof,
with costs of the action, in any circuit court.
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| 6. Such other books of record and entry as are provided by | 18 |
| law, or
may be required in the proper performance of their | 19 |
| duties. All records,
dockets and books required by law to be | 20 |
| kept by such clerks shall be deemed
public records, and shall | 21 |
| at all times be open to inspection without fee or
reward, and | 22 |
| all persons shall have free access for inspection and
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| examination to such records, docket and books, and also to all | 24 |
| papers on
file in the different clerks' offices and shall have | 25 |
| the right to take
memoranda and abstracts thereto.
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| (b) Except as otherwise provided by rule or administrative |
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SB1374 |
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LRB095 04781 AJO 24840 b |
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| order of the Supreme Court or federal regulation or rule, the | 2 |
| circuit court clerk record entitled "Child Support Data Sheet" | 3 |
| and similar documents containing a social security number of | 4 |
| the obligor or noncustodial parent, the obligee or custodial | 5 |
| parent, or the child that is required for purposes of | 6 |
| establishing child support or maintenance under the Illinois | 7 |
| Marriage and Dissolution of Marriage Act, the Illinois | 8 |
| Parentage Act, or the Illinois Parentage Act of 1984 shall be | 9 |
| impounded except as to the parties, attorneys of record, | 10 |
| circuit court clerk personnel, State's attorney personnel, law | 11 |
| enforcement, and other persons deemed interested by the court. | 12 |
| The document shall not be deemed a public record at all times | 13 |
| open to inspection.
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| (Source: P.A. 85-1156 .)
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