Full Text of HB4032 97th General Assembly
HB4032eng 97TH GENERAL ASSEMBLY |
| | HB4032 Engrossed | | LRB097 15490 RLC 60604 b |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Clerks of Courts Act is amended by changing | 5 | | Section 16 as follows:
| 6 | | (705 ILCS 105/16) (from Ch. 25, par. 16)
| 7 | | Sec. 16.
Records kept by the clerks of the circuit courts | 8 | | are
subject to the provisions of "The Local Records Act", | 9 | | approved
August 18, 1961, as amended.
| 10 | | Unless otherwise provided by rule or administrative order | 11 | | of the Supreme
Court, the respective clerks of the circuit | 12 | | courts shall keep in their
offices the following books:
| 13 | | 1. A general docket, upon which shall be entered all suits, | 14 | | in the
order in which they are commenced.
| 15 | | 2. Two well-bound books, to be denominated "Plaintiff's | 16 | | Index to
Court Records," and "Defendant's Index to Court | 17 | | Records" to be ruled and
printed substantially in the following | 18 | | manner:
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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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| 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 | |
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 | | ........ | |
11 | | Fee Book | Book Page | Book Page | Book Page | | |
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12 | | ........ |
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13 | | 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
| 19 | | 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.
| 23 | | 3. Proper books of record, with indices, showing the names
| 24 | | of all parties to any action or judgment therein recorded,
with | 25 | | a reference to the page where it is recorded.
| 26 | | 4. A judgment docket, in which all final
judgments (except |
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| 1 | | 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
| 4 | | 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
| 19 | | payment when made. Such dockets may be searched by persons, at | 20 | | all reasonable
times without fee.
| 21 | | 5. A fee book, in which shall be distinctly set down, in
| 22 | | 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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| 1 | | 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.
| 17 | | 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 , including any and all records in | 21 | | possession of such clerks obtained pursuant to Section 108-10 | 22 | | of the Code of Criminal Procedure of 1963, shall be deemed
| 23 | | public records, and shall at all times be open to inspection | 24 | | without fee or
reward, and all persons shall have free access | 25 | | for inspection and
examination to such records, docket and | 26 | | books, and also to all papers on
file in the different clerks' |
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| 1 | | offices and shall have the right to take
memoranda and | 2 | | abstracts thereto.
| 3 | | (Source: P.A. 85-1156 .)
| 4 | | Section 10. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 108-10 as follows:
| 6 | | (725 ILCS 5/108-10) (from Ch. 38, par. 108-10)
| 7 | | Sec. 108-10. Return to court of things seized.
| 8 | | A return of all instruments, articles or things seized | 9 | | shall be made
without unnecessary delay , but not more than 8 | 10 | | business days after the execution of the warrant, before the | 11 | | judge issuing the warrant or before
any judge named in the | 12 | | warrant or before any court of competent
jurisdiction. An | 13 | | inventory of any instruments, articles or things seized
shall | 14 | | be filed with the return and signed under oath by the officer | 15 | | or
person executing the warrant. The judge shall upon request | 16 | | deliver a copy
of the inventory to the person from whom or from | 17 | | whose premises the
instruments, articles or things were taken | 18 | | and to the applicant for the
warrant.
| 19 | | (Source: Laws 1963, p. 2836.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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