Full Text of SB1562 102nd General Assembly
SB1562 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB1562 Introduced 2/26/2021, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: |
| 705 ILCS 105/27.1b | | 705 ILCS 135/1-15 new | | 705 ILCS 135/20-5 | |
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Amends the Criminal and Traffic Assessment Act. Creates the Criminal and Traffic Assessment Act Revisionary Task Force. Provides that the purpose of the Task Force is to conduct a thorough review of the implementation of Public Act 100-987, study the municipal administrative adjudication process, and make recommendations for revisions. Provides requirements for: appointment of members; compensation; administrative support; and reporting. Provides that the Act is repealed on January 1, 2024 (instead of January 1, 2022). Makes a corresponding change in the Clerks of Courts Act. Effective immediately.
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| | A BILL FOR |
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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is amended by changing | 5 | | Section 27.1b as follows: | 6 | | (705 ILCS 105/27.1b) | 7 | | (Section scheduled to be repealed on January 1, 2022) | 8 | | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any | 9 | | other provision of law, all fees charged by the clerks of the | 10 | | circuit court for the services described in this Section shall | 11 | | be established, collected, and disbursed in accordance with | 12 | | this Section. Except as otherwise specified in this Section, | 13 | | all fees under this Section shall be paid in advance and | 14 | | disbursed by each clerk on a monthly basis. In a county with a | 15 | | population of over 3,000,000, units of local government and | 16 | | school districts shall not be required to pay fees under this | 17 | | Section in advance and the clerk shall instead send an | 18 | | itemized bill to the unit of local government or school | 19 | | district, within 30 days of the fee being incurred, and the | 20 | | unit of local government or school district shall be allowed | 21 | | at least 30 days from the date of the itemized bill to pay; | 22 | | these payments shall be disbursed by each clerk on a monthly | 23 | | basis. Unless otherwise specified in this Section, the amount |
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| 1 | | of a fee shall be determined by ordinance or resolution of the | 2 | | county board and remitted to the county treasurer to be used | 3 | | for purposes related to the operation of the court system in | 4 | | the county. In a county with a population of over 3,000,000, | 5 | | any amount retained by the clerk of the circuit court or | 6 | | remitted to the county treasurer shall be subject to | 7 | | appropriation by the county board. | 8 | | (a) Civil cases. The fee for filing a complaint, petition, | 9 | | or other pleading initiating a civil action shall be as set | 10 | | forth in the applicable schedule under this subsection in | 11 | | accordance with case categories established by the Supreme | 12 | | Court in schedules. | 13 | | (1) SCHEDULE 1: not to exceed a total of $366 in a | 14 | | county with a population of 3,000,000 or more and not to | 15 | | exceed $316 in any other county, except as applied to | 16 | | units of local government and school districts in counties | 17 | | with more than 3,000,000 inhabitants an amount not to | 18 | | exceed $190 through December 31, 2021 and $184 on and | 19 | | after January 1, 2022. The fees collected under this | 20 | | schedule shall be disbursed as follows: | 21 | | (A) The clerk shall retain a sum, in an amount not | 22 | | to exceed $55 in a county with a population of | 23 | | 3,000,000 or more and in an amount not to exceed $45 in | 24 | | any other county determined by the clerk with the | 25 | | approval of the Supreme Court, to be used for court | 26 | | automation, court document storage, and administrative |
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| 1 | | purposes. | 2 | | (B) The clerk shall remit up to $21 to the State | 3 | | Treasurer. The State Treasurer shall deposit the | 4 | | appropriate amounts, in accordance with the clerk's | 5 | | instructions, as follows: | 6 | | (i) up to $10, as specified by the Supreme | 7 | | Court in accordance with Part 10A of Article II of | 8 | | the Code of Civil Procedure, into the Mandatory | 9 | | Arbitration Fund; | 10 | | (ii) $2 into the Access to Justice Fund; and | 11 | | (iii) $9 into the Supreme Court Special | 12 | | Purposes Fund. | 13 | | (C) The clerk shall remit a sum to the County | 14 | | Treasurer, in an amount not to exceed $290 in a county | 15 | | with a population of 3,000,000 or more and in an amount | 16 | | not to exceed $250 in any other county, as specified by | 17 | | ordinance or resolution passed by the county board, | 18 | | for purposes related to the operation of the court | 19 | | system in the county. | 20 | | (2) SCHEDULE 2: not to exceed a total of $357 in a | 21 | | county with a population of 3,000,000 or more and not to | 22 | | exceed $266 in any other county, except as applied to | 23 | | units of local government and school districts in counties | 24 | | with more than 3,000,000 inhabitants an amount not to | 25 | | exceed $190 through December 31, 2021 and $184 on and | 26 | | after January 1, 2022. The fees collected under this |
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| 1 | | schedule shall be disbursed as follows: | 2 | | (A) The clerk shall retain a sum, in an amount not | 3 | | to exceed $55 in a county with a population of | 4 | | 3,000,000 or more and in an amount not to exceed $45 in | 5 | | any other county determined by the clerk with the | 6 | | approval of the Supreme Court, to be used for court | 7 | | automation, court document storage, and administrative | 8 | | purposes. | 9 | | (B) The clerk shall remit up to $21 to the State | 10 | | Treasurer. The State Treasurer shall deposit the | 11 | | appropriate amounts, in accordance with the clerk's | 12 | | instructions, as follows: | 13 | | (i) up to $10, as specified by the Supreme | 14 | | Court in accordance with Part 10A of Article II of | 15 | | the Code of Civil Procedure, into the Mandatory | 16 | | Arbitration Fund; | 17 | | (ii) $2 into the Access to Justice Fund: and | 18 | | (iii) $9 into the Supreme Court Special | 19 | | Purposes Fund. | 20 | | (C) The clerk shall remit a sum to the County | 21 | | Treasurer, in an amount not to exceed $281 in a county | 22 | | with a population of 3,000,000 or more and in an amount | 23 | | not to exceed $200 in any other county, as specified by | 24 | | ordinance or resolution passed by the county board, | 25 | | for purposes related to the operation of the court | 26 | | system in the county. |
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| 1 | | (3) SCHEDULE 3: not to exceed a total of $265 in a | 2 | | county with a population of 3,000,000 or more and not to | 3 | | exceed $89 in any other county, except as applied to units | 4 | | of local government and school districts in counties with | 5 | | more than 3,000,000 inhabitants an amount not to exceed | 6 | | $190 through December 31, 2021 and $184 on and after | 7 | | January 1, 2022. The fees collected under this schedule | 8 | | shall be disbursed as follows: | 9 | | (A) The clerk shall retain a sum, in an amount not | 10 | | to exceed $55 in a county with a population of | 11 | | 3,000,000 or more and in an amount not to exceed $22 in | 12 | | any other county determined by the clerk with the | 13 | | approval of the Supreme Court, to be used for court | 14 | | automation, court document storage, and administrative | 15 | | purposes. | 16 | | (B) The clerk shall remit $11 to the State | 17 | | Treasurer. The State Treasurer shall deposit the | 18 | | appropriate amounts in accordance with the clerk's | 19 | | instructions, as follows: | 20 | | (i) $2 into the Access to Justice Fund; and | 21 | | (ii) $9 into the Supreme Court Special | 22 | | Purposes Fund. | 23 | | (C) The clerk shall remit a sum to the County | 24 | | Treasurer, in an amount not to exceed $199 in a county | 25 | | with a population of 3,000,000 or more and in an amount | 26 | | not to exceed $56 in any other county, as specified by |
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| 1 | | ordinance or resolution passed by the county board, | 2 | | for purposes related to the operation of the court | 3 | | system in the county. | 4 | | (4) SCHEDULE 4: $0. | 5 | | (b) Appearance. The fee for filing an appearance in a | 6 | | civil action, including a cannabis civil law action under the | 7 | | Cannabis Control Act, shall be as set forth in the applicable | 8 | | schedule under this subsection in accordance with case | 9 | | categories established by the Supreme Court in schedules. | 10 | | (1) SCHEDULE 1: not to exceed a total of $230 in a | 11 | | county with a population of 3,000,000 or more and not to | 12 | | exceed $191 in any other county, except as applied to | 13 | | units of local government and school districts in counties | 14 | | with more than 3,000,000 inhabitants an amount not to | 15 | | exceed $75. The fees collected under this schedule shall | 16 | | be disbursed as follows: | 17 | | (A) The clerk shall retain a sum, in an amount not | 18 | | to exceed $50 in a county with a population of | 19 | | 3,000,000 or more and in an amount not to exceed $45 in | 20 | | any other county determined by the clerk with the | 21 | | approval of the Supreme Court, to be used for court | 22 | | automation, court document storage, and administrative | 23 | | purposes. | 24 | | (B) The clerk shall remit up to $21 to the State | 25 | | Treasurer. The State Treasurer shall deposit the | 26 | | appropriate amounts, in accordance with the clerk's |
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| 1 | | instructions, as follows: | 2 | | (i) up to $10, as specified by the Supreme | 3 | | Court in accordance with Part 10A of Article II of | 4 | | the Code of Civil Procedure, into the Mandatory | 5 | | Arbitration Fund; | 6 | | (ii) $2 into the Access to Justice Fund; and | 7 | | (iii) $9 into the Supreme Court Special | 8 | | Purposes Fund. | 9 | | (C) The clerk shall remit a sum to the County | 10 | | Treasurer, in an amount not to exceed $159 in a county | 11 | | with a population of 3,000,000 or more and in an amount | 12 | | not to exceed $125 in any other county, as specified by | 13 | | ordinance or resolution passed by the county board, | 14 | | for purposes related to the operation of the court | 15 | | system in the county. | 16 | | (2) SCHEDULE 2: not to exceed a total of $130 in a | 17 | | county with a population of 3,000,000 or more and not to | 18 | | exceed $109 in any other county, except as applied to | 19 | | units of local government and school districts in counties | 20 | | with more than 3,000,000 inhabitants an amount not to | 21 | | exceed $75. The fees collected under this schedule shall | 22 | | be disbursed as follows: | 23 | | (A) The clerk shall retain a sum, in an amount not | 24 | | to exceed $50 in a county with a population of | 25 | | 3,000,000 or more and in an amount not to exceed $10 in | 26 | | any other county determined by the clerk with the |
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| 1 | | approval of the Supreme Court, to be used for court | 2 | | automation, court document storage, and administrative | 3 | | purposes. | 4 | | (B) The clerk shall remit $9 to the State | 5 | | Treasurer, which the State Treasurer shall deposit | 6 | | into the Supreme Court Special Purpose Fund. | 7 | | (C) The clerk shall remit a sum to the County | 8 | | Treasurer, in an amount not to exceed $71 in a county | 9 | | with a population of 3,000,000 or more and in an amount | 10 | | not to exceed $90 in any other county, as specified by | 11 | | ordinance or resolution passed by the county board, | 12 | | for purposes related to the operation of the court | 13 | | system in the county. | 14 | | (3) SCHEDULE 3: $0. | 15 | | (b-5) Kane County and Will County. In Kane County and Will | 16 | | County civil cases, there is an additional fee of up to $30 as | 17 | | set by the county board under Section 5-1101.3 of the Counties | 18 | | Code to be paid by each party at the time of filing the first | 19 | | pleading, paper, or other appearance; provided that no | 20 | | additional fee shall be required if more than one party is | 21 | | represented in a single pleading, paper, or other appearance. | 22 | | Distribution of fees collected under this subsection (b-5) | 23 | | shall be as provided in Section 5-1101.3 of the Counties Code. | 24 | | (c) Counterclaim or third party complaint. When any | 25 | | defendant files a counterclaim or third party complaint, as | 26 | | part of the defendant's answer or otherwise, the defendant |
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| 1 | | shall pay a filing fee for each counterclaim or third party | 2 | | complaint in an amount equal to the filing fee the defendant | 3 | | would have had to pay had the defendant brought a separate | 4 | | action for the relief sought in the counterclaim or third | 5 | | party complaint, less the amount of the appearance fee, if | 6 | | any, that the defendant has already paid in the action in which | 7 | | the counterclaim or third party complaint is filed. | 8 | | (d) Alias summons. The clerk shall collect a fee not to | 9 | | exceed $6 in a county with a population of 3,000,000 or more | 10 | | and not to exceed $5 in any other county for each alias summons | 11 | | or citation issued by the clerk, except as applied to units of | 12 | | local government and school districts in counties with more | 13 | | than 3,000,000 inhabitants an amount not to exceed $5 for each | 14 | | alias summons or citation issued by the clerk. | 15 | | (e) Jury services. The clerk shall collect, in addition to | 16 | | other fees allowed by law, a sum not to exceed $212.50, as a | 17 | | fee for the services of a jury in every civil action not | 18 | | quasi-criminal in its nature and not a proceeding for the | 19 | | exercise of the right of eminent domain and in every other | 20 | | action wherein the right of trial by jury is or may be given by | 21 | | law. The jury fee shall be paid by the party demanding a jury | 22 | | at the time of filing the jury demand. If the fee is not paid | 23 | | by either party, no jury shall be called in the action or | 24 | | proceeding, and the action or proceeding shall be tried by the | 25 | | court without a jury. | 26 | | (f) Change of venue. In connection with a change of venue: |
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| 1 | | (1) The clerk of the jurisdiction from which the case | 2 | | is transferred may charge a fee, not to exceed $40, for the | 3 | | preparation and certification of the record; and | 4 | | (2) The clerk of the jurisdiction to which the case is | 5 | | transferred may charge the same filing fee as if it were | 6 | | the commencement of a new suit. | 7 | | (g) Petition to vacate or modify. | 8 | | (1) In a proceeding involving a petition to vacate or | 9 | | modify any final judgment or order filed within 30 days | 10 | | after the judgment or order was entered, except for an | 11 | | eviction case, small claims case, petition to reopen an | 12 | | estate, petition to modify, terminate, or enforce a | 13 | | judgment or order for child or spousal support, or | 14 | | petition to modify, suspend, or terminate an order for | 15 | | withholding, the fee shall not exceed $60 in a county with | 16 | | a population of 3,000,000 or more and shall not exceed $50 | 17 | | in any other county, except as applied to units of local | 18 | | government and school districts in counties with more than | 19 | | 3,000,000 inhabitants an amount not to exceed $50. | 20 | | (2) In a proceeding involving a petition to vacate or | 21 | | modify any final judgment or order filed more than 30 days | 22 | | after the judgment or order was entered, except for a | 23 | | petition to modify, terminate, or enforce a judgment or | 24 | | order for child or spousal support, or petition to modify, | 25 | | suspend, or terminate an order for withholding, the fee | 26 | | shall not exceed $75. |
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| 1 | | (3) In a proceeding involving a motion to vacate or | 2 | | amend a final order, motion to vacate an ex parte | 3 | | judgment, judgment of forfeiture, or "failure to appear" | 4 | | or "failure to comply" notices sent to the Secretary of | 5 | | State, the fee shall equal $40. | 6 | | (h) Appeals preparation. The fee for preparation of a | 7 | | record on appeal shall be based on the number of pages, as | 8 | | follows: | 9 | | (1) if the record contains no more than 100 pages, the | 10 | | fee shall not exceed $70 in a county with a population of | 11 | | 3,000,000 or more and shall not exceed $50 in any other | 12 | | county; | 13 | | (2) if the record contains between 100 and 200 pages, | 14 | | the fee shall not exceed $100; and | 15 | | (3) if the record contains 200 or more pages, the | 16 | | clerk may collect an additional fee not to exceed 25 cents | 17 | | per page. | 18 | | (i) Remands. In any cases remanded to the circuit court | 19 | | from the Supreme Court or the appellate court for a new trial, | 20 | | the clerk shall reinstate the case with either its original | 21 | | number or a new number. The clerk shall not charge any new or | 22 | | additional fee for the reinstatement. Upon reinstatement, the | 23 | | clerk shall advise the parties of the reinstatement. Parties | 24 | | shall have the same right to a jury trial on remand and | 25 | | reinstatement that they had before the appeal, and no | 26 | | additional or new fee or charge shall be made for a jury trial |
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| 1 | | after remand. | 2 | | (j) Garnishment, wage deduction, and citation. In | 3 | | garnishment affidavit, wage deduction affidavit, and citation | 4 | | petition proceedings: | 5 | | (1) if the amount in controversy in the proceeding is | 6 | | not more than $1,000, the fee may not exceed $35 in a | 7 | | county with a population of 3,000,000 or more and may not | 8 | | exceed $15 in any other county, except as applied to units | 9 | | of local government and school districts in counties with | 10 | | more than 3,000,000 inhabitants an amount not to exceed | 11 | | $15; | 12 | | (2) if the amount in controversy in the proceeding is | 13 | | greater than $1,000 and not more than $5,000, the fee may | 14 | | not exceed $45 in a county with a population of 3,000,000 | 15 | | or more and may not exceed $30 in any other county, except | 16 | | as applied to units of local government and school | 17 | | districts in counties with more than 3,000,000 inhabitants | 18 | | an amount not to exceed $30; and | 19 | | (3) if the amount in controversy in the proceeding is | 20 | | greater than $5,000, the fee may not exceed $65 in a county | 21 | | with a population of 3,000,000 or more and may not exceed | 22 | | $50 in any other county, except as applied to units of | 23 | | local government and school districts in counties with | 24 | | more than 3,000,000 inhabitants an amount not to exceed | 25 | | $50. | 26 | | (j-5) Debt collection. In any proceeding to collect a debt |
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| 1 | | subject to the exception in item (ii) of subparagraph (A-5) of | 2 | | paragraph (1) of subsection (z) of this Section, the circuit | 3 | | court shall order and the clerk shall collect from each | 4 | | judgment debtor a fee of: | 5 | | (1) $35 if the amount in controversy in the proceeding | 6 | | is not more than $1,000; | 7 | | (2) $45 if the amount in controversy in the proceeding | 8 | | is greater than $1,000 and not more than $5,000; and | 9 | | (3) $65 if the amount in controversy in the proceeding | 10 | | is greater than $5,000. | 11 | | (k) Collections. | 12 | | (1) For all collections made of others, except the | 13 | | State and county and except in maintenance or child | 14 | | support cases, the clerk may collect a fee of up to 2.5% of | 15 | | the amount collected and turned over. | 16 | | (2) In child support and maintenance cases, the clerk | 17 | | may collect an annual fee of up to $36 from the person | 18 | | making payment for maintaining child support records and | 19 | | the processing of support orders to the State of Illinois | 20 | | KIDS system and the recording of payments issued by the | 21 | | State Disbursement Unit for the official record of the | 22 | | Court. This fee is in addition to and separate from | 23 | | amounts ordered to be paid as maintenance or child support | 24 | | and shall be deposited into a Separate Maintenance and | 25 | | Child Support Collection Fund, of which the clerk shall be | 26 | | the custodian, ex officio, to be used by the clerk to |
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| 1 | | maintain child support orders and record all payments | 2 | | issued by the State Disbursement Unit for the official | 3 | | record of the Court. The clerk may recover from the person | 4 | | making the maintenance or child support payment any | 5 | | additional cost incurred in the collection of this annual | 6 | | fee. | 7 | | (3) The clerk may collect a fee of $5 for | 8 | | certifications made to the Secretary of State as provided | 9 | | in Section 7-703 of the Illinois Vehicle Code, and this | 10 | | fee shall be deposited into the Separate Maintenance and | 11 | | Child Support Collection Fund. | 12 | | (4) In proceedings
to foreclose the lien of delinquent | 13 | | real estate taxes, State's Attorneys
shall receive a fee | 14 | | of 10%
of the total amount realized from the sale of real | 15 | | estate sold in the
proceedings. The clerk shall collect | 16 | | the fee from the total amount realized from
the sale of the | 17 | | real estate sold in the proceedings and remit to the | 18 | | County Treasurer to be credited to the earnings of the | 19 | | Office of the State's Attorney. | 20 | | (l) Mailing. The fee for the clerk mailing documents shall | 21 | | not exceed $10 plus the cost of postage. | 22 | | (m) Certified copies. The fee for each certified copy of a | 23 | | judgment, after the first copy, shall not exceed $10. | 24 | | (n) Certification, authentication, and reproduction. | 25 | | (1) The fee for each certification or authentication | 26 | | for taking the acknowledgment of a deed or other |
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| 1 | | instrument in writing with the seal of office shall not | 2 | | exceed $6. | 3 | | (2) The fee for reproduction of any document contained | 4 | | in the clerk's files shall not exceed: | 5 | | (A) $2 for the first page; | 6 | | (B) 50 cents per page for the next 19 pages; and | 7 | | (C) 25 cents per page for all additional pages. | 8 | | (o) Record search. For each record search, within a | 9 | | division or municipal district, the clerk may collect a search | 10 | | fee not to exceed $6 for each year searched. | 11 | | (p) Hard copy. For each page of hard copy print output, | 12 | | when case records are maintained on an automated medium, the | 13 | | clerk may collect a fee not to exceed $10 in a county with a | 14 | | population of 3,000,000 or more and not to exceed $6 in any | 15 | | other county, except as applied to units of local government | 16 | | and school districts in counties with more than 3,000,000 | 17 | | inhabitants an amount not to exceed $6. | 18 | | (q) Index inquiry and other records. No fee shall be | 19 | | charged for a single plaintiff and defendant index inquiry or | 20 | | single case record inquiry when this request is made in person | 21 | | and the records are maintained in a current automated medium, | 22 | | and when no hard copy print output is requested. The fees to be | 23 | | charged for management records, multiple case records, and | 24 | | multiple journal records may be specified by the Chief Judge | 25 | | pursuant to the guidelines for access and dissemination of | 26 | | information approved by the Supreme Court. |
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| 1 | | (r) Performing a marriage. There shall be a $10 fee for | 2 | | performing a marriage in court. | 3 | | (s) Voluntary assignment. For filing each deed of | 4 | | voluntary assignment, the clerk shall collect a fee not to | 5 | | exceed $20. For recording a deed of voluntary assignment, the | 6 | | clerk shall collect a fee not to exceed 50 cents for each 100 | 7 | | words. Exceptions filed to claims presented to an assignee of | 8 | | a debtor who has made a voluntary assignment for the benefit of | 9 | | creditors shall be considered and treated, for the purpose of | 10 | | taxing costs therein, as actions in which the party or parties | 11 | | filing the exceptions shall be considered as party or parties | 12 | | plaintiff, and the claimant or claimants as party or parties | 13 | | defendant, and those parties respectively shall pay to the | 14 | | clerk the same fees as provided by this Section to be paid in | 15 | | other actions. | 16 | | (t) Expungement petition. The clerk may collect a fee not | 17 | | to exceed $60 for each expungement petition filed and an | 18 | | additional fee not to exceed $4 for each certified copy of an | 19 | | order to expunge arrest records. | 20 | | (u) Transcripts of judgment. For the filing of a | 21 | | transcript of judgment, the clerk may collect the same fee as | 22 | | if it were the commencement of a new suit. | 23 | | (v) Probate filings. | 24 | | (1) For each account (other than one final account) | 25 | | filed in the estate of a decedent, or ward, the fee shall | 26 | | not exceed $25. |
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| 1 | | (2) For filing a claim in an estate when the amount | 2 | | claimed is greater than $150 and not more than $500, the | 3 | | fee shall not exceed $40 in a county with a population of | 4 | | 3,000,000 or more and shall not exceed $25 in any other | 5 | | county; when the amount claimed is greater than $500 and | 6 | | not more than $10,000, the fee shall not exceed $55 in a | 7 | | county with a population of 3,000,000 or more and shall | 8 | | not exceed $40 in any other county; and when the amount | 9 | | claimed is more than $10,000, the fee shall not exceed $75 | 10 | | in a county with a population of 3,000,000 or more and | 11 | | shall not exceed $60 in any other county; except the court | 12 | | in allowing a claim may add to the amount allowed the | 13 | | filing fee paid by the claimant. | 14 | | (3) For filing in an estate a claim, petition, or | 15 | | supplemental proceeding based upon an action seeking | 16 | | equitable relief including the construction or contest of | 17 | | a will, enforcement of a contract to make a will, and | 18 | | proceedings involving testamentary trusts or the | 19 | | appointment of testamentary trustees, the fee shall not | 20 | | exceed $60. | 21 | | (4) There shall be no fee for filing in an estate: (i) | 22 | | the appearance of any person for the purpose of consent; | 23 | | or (ii) the appearance of an executor, administrator, | 24 | | administrator to collect, guardian, guardian ad litem, or | 25 | | special administrator. | 26 | | (5) For each jury demand, the fee shall not exceed |
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| 1 | | $137.50. | 2 | | (6) For each certified copy of letters of office, of | 3 | | court order, or other certification, the fee shall not | 4 | | exceed
$2 per page. | 5 | | (7) For each exemplification, the fee shall not exceed | 6 | | $2, plus the fee for certification. | 7 | | (8) The executor, administrator, guardian, petitioner, | 8 | | or other interested person or his or her attorney shall | 9 | | pay the cost of publication by the clerk directly to the | 10 | | newspaper. | 11 | | (9) The person on whose behalf a charge is incurred | 12 | | for witness, court reporter, appraiser, or other | 13 | | miscellaneous fees shall pay the same directly to the | 14 | | person entitled thereto. | 15 | | (10) The executor, administrator, guardian, | 16 | | petitioner, or other interested person or his or her | 17 | | attorney shall pay to the clerk all postage charges | 18 | | incurred by the clerk in mailing petitions, orders, | 19 | | notices, or other documents pursuant to the provisions of | 20 | | the Probate Act of 1975. | 21 | | (w) Corrections of numbers. For correction of the case | 22 | | number, case title, or attorney computer identification | 23 | | number, if required by rule of court, on any document filed in | 24 | | the clerk's office, to be charged against the party that filed | 25 | | the document, the fee shall not exceed $25. | 26 | | (x) Miscellaneous. |
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| 1 | | (1) Interest earned on any fees collected by the clerk | 2 | | shall be turned over to the county general fund as an | 3 | | earning of the office. | 4 | | (2) For any check, draft, or other bank instrument | 5 | | returned to the clerk for non-sufficient funds, account | 6 | | closed, or payment stopped, the clerk shall collect a fee | 7 | | of $25. | 8 | | (y) Other fees. Any fees not covered in this Section shall | 9 | | be set by rule or administrative order of the circuit court | 10 | | with the approval of the Administrative Office of the Illinois | 11 | | Courts. The clerk of the circuit court may provide services in | 12 | | connection with the operation of the clerk's office, other | 13 | | than those services mentioned in this Section, as may be | 14 | | requested by the public and agreed to by the clerk and approved | 15 | | by the Chief Judge. Any charges for additional services shall | 16 | | be as agreed to between the clerk and the party making the | 17 | | request and approved by the Chief Judge. Nothing in this | 18 | | subsection shall be construed to require any clerk to provide | 19 | | any service not otherwise required by law. | 20 | | (y-5) Unpaid fees. Unless a court ordered payment schedule | 21 | | is implemented or the fee
requirements of this Section are | 22 | | waived under a court order, the clerk of
the circuit court may | 23 | | add to any unpaid fees and costs under this Section a | 24 | | delinquency
amount equal to 5% of the unpaid fees that remain | 25 | | unpaid after 30 days, 10% of
the unpaid fees that remain unpaid | 26 | | after 60 days, and 15% of the unpaid fees
that remain unpaid |
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| 1 | | after 90 days. Notice to those parties may be made by
signage | 2 | | posting or publication. The additional delinquency amounts | 3 | | collected under this Section shall
be deposited into the | 4 | | Circuit Court Clerk Operations and Administration Fund and | 5 | | used to defray additional administrative costs incurred by the | 6 | | clerk of the
circuit court in collecting unpaid fees and | 7 | | costs. | 8 | | (z) Exceptions. | 9 | | (1) No fee authorized by this Section shall apply to: | 10 | | (A) police departments or other law enforcement | 11 | | agencies. In this Section, "law enforcement agency" | 12 | | means: an agency of the State or agency of a unit of | 13 | | local government which is vested by law or ordinance | 14 | | with the duty to maintain public order and to enforce | 15 | | criminal laws or ordinances; the Attorney General; or | 16 | | any State's Attorney; | 17 | | (A-5) any unit of local government or school | 18 | | district, except in counties having a population of | 19 | | 500,000 or more the county board may by resolution set | 20 | | fees for units of local government or school districts | 21 | | no greater than the minimum fees applicable in | 22 | | counties with a population less than 3,000,000; | 23 | | provided however, no fee may be charged to any unit of | 24 | | local government or school district in connection with | 25 | | any action which, in whole or in part, is: (i) to | 26 | | enforce an ordinance; (ii) to collect a debt; or (iii) |
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| 1 | | under the Administrative Review Law; | 2 | | (B) any action instituted by the corporate | 3 | | authority of a municipality with more than 1,000,000 | 4 | | inhabitants under Section 11-31-1 of the Illinois | 5 | | Municipal Code and any action instituted under | 6 | | subsection (b) of Section 11-31-1 of the Illinois | 7 | | Municipal Code by a private owner or tenant of real | 8 | | property within 1,200 feet of a dangerous or unsafe | 9 | | building seeking an order compelling the owner or | 10 | | owners of the building to take any of the actions | 11 | | authorized under that subsection; | 12 | | (C) any commitment petition or petition for an | 13 | | order authorizing the administration of psychotropic | 14 | | medication or electroconvulsive therapy under the | 15 | | Mental Health and Developmental Disabilities Code; | 16 | | (D) a petitioner in any order of protection | 17 | | proceeding, including, but not limited to, fees for | 18 | | filing, modifying, withdrawing, certifying, or | 19 | | photocopying petitions for orders of protection, | 20 | | issuing alias summons, any related filing service, or | 21 | | certifying, modifying, vacating, or photocopying any | 22 | | orders of protection; or | 23 | | (E) proceedings for the appointment of a | 24 | | confidential intermediary under the Adoption Act. | 25 | | (2) No fee other than the filing fee contained in the | 26 | | applicable schedule in subsection (a) shall be charged to |
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| 1 | | any person in connection with an adoption proceeding. | 2 | | (3) Upon good cause shown, the court may waive any | 3 | | fees associated with a special needs adoption. The term | 4 | | "special needs adoption" has the meaning provided by the | 5 | | Illinois Department of Children and Family Services. | 6 | | (aa) This Section is repealed on January 1, 2024 2022 .
| 7 | | (Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19; | 8 | | 100-1161, eff. 7-1-19; 101-645, eff. 6-26-20; revised | 9 | | 8-18-20.) | 10 | | Section 10. The Criminal and Traffic Assessment Act is | 11 | | amended by changing Section 20-5 and by adding Section 1-15 as | 12 | | follows: | 13 | | (705 ILCS 135/1-15 new) | 14 | | Sec. 1-15. Criminal and Traffic Assessment Act Revisionary | 15 | | Task Force. | 16 | | (a) The Criminal and Traffic Assessment Act Revisionary | 17 | | Task Force is created. | 18 | | (b) The purpose of the Task Force is to conduct a thorough | 19 | | review of the implementation of Public Act 100-987, study the | 20 | | municipal administrative adjudication process, and make | 21 | | recommendations for revisions. | 22 | | (c) The Task Force shall consist of the following members: | 23 | | (1) one member appointed by the Speaker of the House | 24 | | of Representatives; |
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| 1 | | (2) one member appointed by the Minority Leader of the | 2 | | House of Representatives; | 3 | | (3) one member appointed by the President of the | 4 | | Senate; | 5 | | (4) one member appointed by the Minority Leader of the | 6 | | Senate; | 7 | | (5) the Director of the Illinois State Police, or his | 8 | | or her designee; | 9 | | (6) the Executive Director of the Illinois Law | 10 | | Enforcement Training Standards Board, or his or her | 11 | | designee; | 12 | | (7) the Chairman of the Illinois Criminal Justice | 13 | | Information Authority, or his or her designee; | 14 | | (8) the Attorney General, or his or her designee; | 15 | | (9) 7 members from the Supreme Court; | 16 | | (10) one member from an association representing court | 17 | | clerks; | 18 | | (11) one member from an association representing | 19 | | municipalities; | 20 | | (12) one member from an association representing | 21 | | counties; and | 22 | | (13) one member from an association representing | 23 | | sheriffs. | 24 | | (d) At the direction of the Supreme Court, the | 25 | | Administrative Office of the Illinois Courts shall provide | 26 | | administrative support to the Task Force. |
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| 1 | | (e) Task Force members shall serve without compensation | 2 | | but may be reimbursed for their expenses incurred in | 3 | | performing their duties. | 4 | | (f) The Task Force shall submit a report containing its | 5 | | findings and any recommendations to the Supreme Court and the | 6 | | General Assembly by June 1, 2022. The Task Force is dissolved, | 7 | | and this Section is repealed, on June 1, 2023. | 8 | | (705 ILCS 135/20-5)
| 9 | | (Section scheduled to be repealed on January 1, 2022) | 10 | | Sec. 20-5. Repeal. This Act is repealed on January 1, 2024 | 11 | | 2022 .
| 12 | | (Source: P.A. 100-987, eff. 7-1-19; 101-645, eff. 6-26-20.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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