Full Text of HB0216 97th General Assembly
HB0216 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0216 Introduced 01/21/11, by Rep. Timothy L. Schmitz SYNOPSIS AS INTRODUCED: |
| 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 |
|
Amends the Clerks of Courts Act. Provides that the clerk of the circuit clerk, if authorized by an ordinance of the county board, may collect a fee of up to $10 for court interpreter services, in addition to other fees or costs allowed or imposed by law, in all criminal and quasi-criminal cases from each person convicted or sentenced to supervision in a case arising from a felony, misdemeanor, business offense, or petty offense complaint or arising from a minor traffic or ordinance violation. Provides that the fee shall be deposited into a separate Court Interpreter Services Fund, of which the chief judge shall be the custodian, to be used to maintain court interpreter services. If this fee is collected, 10% shall be deposited into the Circuit Court Clerk Operation and Administrative Fund.
Effective June 1, 2011.
|
| |
| | A BILL FOR |
|
| | | HB0216 | | LRB097 02984 AJO 43011 b |
|
| 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 | | Sections 27.1a, 27.2, and 27.2a as follows: | 6 | | (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a) | 7 | | Sec. 27.1a. The fees of the clerks of the circuit court in | 8 | | all
counties having a population of not more than
500,000 | 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 $40 and
a maximum of | 19 | | $160. | 20 | | (A) When the amount of money or damages or the | 21 | | value of personal
property claimed does not exceed | 22 | | $250, $10. | 23 | | (B) When that amount exceeds $250 but does not |
| | | HB0216 | - 2 - | LRB097 02984 AJO 43011 b |
|
| 1 | | exceed $500, a minimum
of $10 and a maximum of $20. | 2 | | (C) When that amount exceeds $500 but does not | 3 | | exceed $2500, a minimum
of $25 and a maximum of $40. | 4 | | (D) When that amount exceeds $2500 but does not | 5 | | exceed $15,000, a
minimum of $25 and a maximum of $75. | 6 | | (E) For the exercise of eminent domain, a minimum | 7 | | of $45 and
a maximum of $150. For each additional
lot | 8 | | or tract of land or right or interest therein subject | 9 | | to be condemned,
the damages in respect to which shall | 10 | | require separate assessment by a
jury, a minimum of $45 | 11 | | and a maximum of $150. | 12 | | (a-1) Family. | 13 | | For filing a petition under the Juvenile Court Act of | 14 | | 1987, $25. | 15 | | For filing a petition for a marriage license, $10. | 16 | | For performing a marriage in court, $10. | 17 | | For filing a petition under the Illinois Parentage Act | 18 | | of 1984, $40. | 19 | | (b) Forcible Entry and Detainer. | 20 | | In each forcible entry and detainer case when the | 21 | | plaintiff seeks
possession only or unites with his or her | 22 | | claim for possession of the property
a claim for rent or | 23 | | damages or both in the amount of $15,000 or less, a
minimum | 24 | | of $10 and a maximum of $50.
When the plaintiff unites his | 25 | | or her claim for possession with a claim for
rent or | 26 | | damages or both exceeding $15,000, a minimum of $40 and a |
| | | HB0216 | - 3 - | LRB097 02984 AJO 43011 b |
|
| 1 | | maximum of
$160. | 2 | | (c) Counterclaim or Joining Third Party Defendant. | 3 | | When any defendant files a counterclaim as part of his | 4 | | or her
answer or otherwise or joins another party as a | 5 | | third party defendant, or
both, the defendant shall pay a | 6 | | fee for each counterclaim or third
party action in an | 7 | | amount equal to the fee he or she would have had to pay
had | 8 | | he or she brought a separate action for the relief sought | 9 | | in the
counterclaim or against the third party defendant, | 10 | | less the amount of the
appearance fee, if that has been | 11 | | paid. | 12 | | (d) Confession of Judgment. | 13 | | In a confession of judgment when the amount does not | 14 | | exceed $1500, a
minimum of $20 and a maximum of $50.
When | 15 | | the amount exceeds $1500, but does not exceed $15,000, a
| 16 | | minimum of $40 and a maximum of $115. When the
amount | 17 | | exceeds $15,000, a minimum of $40 and a maximum of $200. | 18 | | (e) Appearance. | 19 | | The fee for filing an appearance in each civil case | 20 | | shall be a minimum of
$15 and a maximum of $60,
except as | 21 | | follows: | 22 | | (A) When the plaintiff in a forcible entry and | 23 | | detainer case seeks
possession only, a minimum of $10 | 24 | | and a maximum of $50. | 25 | | (B) When the amount in the case does not exceed | 26 | | $1500, a minimum of
$10 and a maximum of $30. |
| | | HB0216 | - 4 - | LRB097 02984 AJO 43011 b |
|
| 1 | | (C) When that amount exceeds $1500 but does not | 2 | | exceed $15,000, a
minimum of $15 and a maximum of $60. | 3 | | (f) Garnishment, Wage Deduction, and Citation. | 4 | | In garnishment affidavit, wage deduction affidavit, | 5 | | and citation
petition when the amount does not exceed | 6 | | $1,000, a minimum of $5 and a
maximum
of $15; when the | 7 | | amount
exceeds $1,000 but does not exceed $5,000, a minimum | 8 | | of $5 and a maximum of
$30; and when the amount exceeds
| 9 | | $5,000, a minimum of $5 and a maximum of $50. | 10 | | (g) Petition to Vacate or Modify. | 11 | | (1) Petition to vacate or modify any final judgment or | 12 | | order of
court, except in forcible entry and detainer cases | 13 | | and small claims cases
or a petition to reopen an estate, | 14 | | to modify, terminate, or enforce a
judgment or order for | 15 | | child or spousal support, or to modify, suspend, or
| 16 | | terminate an order for withholding, if filed before 30 days | 17 | | after the entry
of the judgment or order, a minimum of $20 | 18 | | and a maximum of $50. | 19 | | (2) Petition to vacate or modify any final judgment or | 20 | | order of court,
except a petition to modify, terminate, or | 21 | | enforce a judgment or order for
child or spousal support or | 22 | | to modify, suspend, or terminate an order for
withholding, | 23 | | if filed later than 30 days after the entry of the judgment | 24 | | or
order, a minimum of $20 and a maximum of $75. | 25 | | (3) Petition to vacate order of bond forfeiture, a | 26 | | minimum of $10 and a
maximum of $40. |
| | | HB0216 | - 5 - | LRB097 02984 AJO 43011 b |
|
| 1 | | (h) Mailing. | 2 | | When the clerk is required to mail, the fee will be a | 3 | | minimum of $2 and a
maximum of $10,
plus the cost of | 4 | | postage. | 5 | | (i) Certified Copies. | 6 | | Each certified copy of a judgment after the first, | 7 | | except in small
claims and forcible entry and detainer | 8 | | cases, a minimum of $2 and a maximum
of $10. | 9 | | (j) Habeas Corpus. | 10 | | For filing a petition for relief by habeas corpus, a | 11 | | minimum of $60 and a
maximum of $100. | 12 | | (k) Certification, Authentication, and Reproduction. | 13 | | (1) Each certification or authentication for taking | 14 | | the acknowledgment
of a deed or other instrument in writing | 15 | | with the seal of office, a minimum
of $2 and a maximum of | 16 | | $6. | 17 | | (2) Court appeals when original documents are | 18 | | forwarded, under 100 pages,
plus delivery and costs, a | 19 | | minimum of $20 and a maximum of $60. | 20 | | (3) Court appeals when original documents are | 21 | | forwarded, over 100 pages,
plus delivery and costs, a | 22 | | minimum of $50 and a maximum of $150. | 23 | | (4) Court appeals when original documents are | 24 | | forwarded, over 200
pages, an additional fee of a minimum | 25 | | of 20 cents and a maximum of 25 cents per page. | 26 | | (5) For reproduction of any document contained in the |
| | | HB0216 | - 6 - | LRB097 02984 AJO 43011 b |
|
| 1 | | clerk's files: | 2 | | (A) First page, a minimum of $1 and a maximum
of | 3 | | $2. | 4 | | (B) Next 19 pages, 50 cents per page. | 5 | | (C) All remaining pages, 25 cents per page. | 6 | | (l) Remands. | 7 | | In any cases remanded to the Circuit Court from the | 8 | | Supreme Court
or the Appellate Court for a new trial, the | 9 | | clerk shall file the remanding
order and reinstate the case | 10 | | with either its original number or a new number.
The Clerk | 11 | | shall not charge any new or additional fee for the | 12 | | reinstatement.
Upon reinstatement the Clerk shall advise | 13 | | the parties of the reinstatement. A
party shall have the | 14 | | same right to a jury trial on remand and reinstatement as
| 15 | | he or she had before the appeal, and no additional or new | 16 | | fee or charge shall
be made for a jury trial after remand. | 17 | | (m) Record Search. | 18 | | For each record search, within a division or municipal | 19 | | district, the
clerk shall be entitled to a search fee of a | 20 | | minimum of $4 and a maximum of
$6 for each year searched. | 21 | | (n) Hard Copy. | 22 | | For each page of hard copy print output, when case | 23 | | records are
maintained on an automated medium, the clerk | 24 | | shall be entitled to a fee of a
minimum of $4 and a maximum | 25 | | of $6. | 26 | | (o) Index Inquiry and Other Records. |
| | | HB0216 | - 7 - | LRB097 02984 AJO 43011 b |
|
| 1 | | No fee shall be charged for a single | 2 | | plaintiff/defendant index inquiry
or single case record | 3 | | inquiry when this request is made in person and the
records | 4 | | are maintained in a current automated medium, and when no | 5 | | hard copy
print output is requested. The fees to be charged | 6 | | for management records,
multiple case records, and | 7 | | multiple journal records may be specified by the
Chief | 8 | | Judge pursuant to the guidelines for access and | 9 | | dissemination of
information approved by the Supreme | 10 | | Court. | 11 | | (p) (Blank). | 12 | | (q) Alias Summons. | 13 | | For each alias summons or citation issued by the clerk, | 14 | | a minimum of $2
and a maximum of $5. | 15 | | (r) Other Fees. | 16 | | Any fees not covered in this Section shall be set by | 17 | | rule or
administrative order of the Circuit Court with the | 18 | | approval of the
Administrative Office of the Illinois | 19 | | Courts. | 20 | | The clerk of the circuit court may provide additional | 21 | | services for
which there is no fee specified by statute in | 22 | | connection with the operation
of the clerk's office as may | 23 | | be requested by the public and agreed to by
the clerk and | 24 | | approved by the chief judge of the circuit court. Any
| 25 | | charges for additional services shall be as agreed to
| 26 | | between the clerk and the party making the request and |
| | | HB0216 | - 8 - | LRB097 02984 AJO 43011 b |
|
| 1 | | approved by the
chief judge of the circuit court. Nothing | 2 | | in this
subsection shall be construed to require any clerk | 3 | | to provide any service
not otherwise required by law. | 4 | | (s) Jury Services. | 5 | | The clerk shall be entitled to receive, in addition to | 6 | | other fees
allowed by law, the sum of a minimum of $62.50 | 7 | | and a maximum of $212.50, as a fee for the services of a | 8 | | jury in
every civil action not quasi-criminal in its nature | 9 | | and not a proceeding
for the exercise of the right of | 10 | | eminent domain and in every other action
wherein the right | 11 | | of trial by jury is or may be given by law. The jury fee
| 12 | | shall be paid by the party demanding a jury at the time of | 13 | | filing the jury
demand. If the fee is not paid by either | 14 | | party, no jury shall be called in
the action or proceeding, | 15 | | and the same shall be tried by the court without
a jury. | 16 | | (t) Voluntary Assignment. | 17 | | For filing each deed of voluntary assignment, a minimum | 18 | | of $10 and a
maximum of $20; for recording
the same, a | 19 | | minimum of 25 cents and a maximum of 50 cents for each
100 | 20 | | words. Exceptions filed to claims presented
to an assignee | 21 | | of a debtor who has made a voluntary assignment for the
| 22 | | benefit of creditors shall be considered and treated, for | 23 | | the purpose of
taxing costs therein, as actions in which | 24 | | the party or parties filing
the exceptions shall be | 25 | | considered as party or parties plaintiff, and
the claimant | 26 | | or claimants as party or parties defendant, and those
|
| | | HB0216 | - 9 - | LRB097 02984 AJO 43011 b |
|
| 1 | | parties respectively shall pay to the clerk the same fees
| 2 | | as provided by this Section to be paid in other actions. | 3 | | (u) Expungement Petition. | 4 | | The clerk shall be entitled to receive a fee of a | 5 | | minimum of $15 and a
maximum of $60 for each
expungement | 6 | | petition filed and an additional fee of a minimum of $2 and | 7 | | a
maximum of $4 for each certified
copy of an order to | 8 | | expunge arrest records. | 9 | | (v) Probate. | 10 | | The clerk is entitled to receive the fees
specified in | 11 | | this subsection (v), which shall be paid in advance,
except | 12 | | that, for good cause shown, the court may suspend, reduce, | 13 | | or
release the costs payable under this subsection: | 14 | | (1) For administration of the estate of a decedent | 15 | | (whether testate
or intestate) or of a missing person, a | 16 | | minimum of $50 and a maximum of
$150, plus the fees | 17 | | specified in
subsection (v)(3), except: | 18 | | (A) When the value of the real and personal | 19 | | property does not exceed
$15,000, the fee shall be a | 20 | | minimum of $25 and a maximum of $40. | 21 | | (B) When (i) proof of heirship alone is made, (ii) | 22 | | a domestic or
foreign will is admitted to probate | 23 | | without administration (including
proof of heirship), | 24 | | or (iii) letters of office are issued for a particular
| 25 | | purpose without administration of the estate, the fee | 26 | | shall be a minimum of
$10 and a maximum of $40. |
| | | HB0216 | - 10 - | LRB097 02984 AJO 43011 b |
|
| 1 | | (C) For filing a petition to sell Real Estate, $50. | 2 | | (2) For administration of the estate of a ward, a | 3 | | minimum of $50 and a
maximum of $75,
plus the fees | 4 | | specified in subsection (v)(3), except: | 5 | | (A) When the value of the real and personal | 6 | | property does not exceed
$15,000, the fee shall be a | 7 | | minimum of $25 and a maximum of $40. | 8 | | (B) When (i) letters of office are issued to a | 9 | | guardian of the person
or persons,
but not of the | 10 | | estate or (ii) letters of office are issued in the | 11 | | estate of
a ward without administration of the estate, | 12 | | including filing or joining in
the filing of a tax | 13 | | return or releasing a mortgage or consenting to the
| 14 | | marriage of the ward, the fee shall be a minimum of $10 | 15 | | and a maximum of
$20. | 16 | | (C) For filing a Petition to sell Real Estate, $50. | 17 | | (3) In addition to the fees payable under subsection | 18 | | (v)(1) or (v)(2)
of this Section, the following fees are | 19 | | payable: | 20 | | (A) For each account (other than one final account) | 21 | | filed in the
estate of a decedent, or ward, a minimum | 22 | | of $10 and a maximum of $25. | 23 | | (B) For filing a claim in an estate when the amount | 24 | | claimed is $150
or more but less than $500, a minimum | 25 | | of $10 and a maximum of $25;
when the amount claimed is | 26 | | $500 or more
but less than $10,000, a minimum of $10 |
| | | HB0216 | - 11 - | LRB097 02984 AJO 43011 b |
|
| 1 | | and a maximum of $40; when
the amount claimed is | 2 | | $10,000 or more, a minimum of $10 and a maximum of
$60; | 3 | | provided that the court in allowing a claim may add to | 4 | | the
amount
allowed the filing fee paid by the claimant. | 5 | | (C) For filing in an estate a claim, petition, or | 6 | | supplemental
proceeding based upon an action seeking | 7 | | equitable relief including the
construction or contest | 8 | | of a will, enforcement of a contract to make a
will, | 9 | | and proceedings involving testamentary trusts or the | 10 | | appointment of
testamentary trustees, a minimum of $40 | 11 | | and a maximum of $60. | 12 | | (D) For filing in an estate (i) the appearance of | 13 | | any person for the
purpose of consent or (ii) the | 14 | | appearance of an executor, administrator,
| 15 | | administrator to collect, guardian, guardian ad litem, | 16 | | or special
administrator, no fee. | 17 | | (E) Except as provided in subsection (v)(3)(D), | 18 | | for filing the
appearance of any person or persons, a | 19 | | minimum of $10 and a maximum of $30. | 20 | | (F) For each jury demand, a minimum of $62.50 and a | 21 | | maximum of
$137.50. | 22 | | (G) For disposition of the collection of a judgment | 23 | | or settlement of
an action or claim for wrongful death | 24 | | of a decedent or of any cause of
action of a ward, when | 25 | | there is no other administration of the estate, a
| 26 | | minimum of $30 and a maximum of $50,
less any amount |
| | | HB0216 | - 12 - | LRB097 02984 AJO 43011 b |
|
| 1 | | paid under subsection (v)(1)(B) or (v)(2)(B) except | 2 | | that if
the amount involved does not exceed $5,000, the | 3 | | fee, including any amount
paid under subsection | 4 | | (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
| 5 | | maximum of $20. | 6 | | (H) For each certified copy of letters of office, | 7 | | of court order or
other certification, a minimum of $1 | 8 | | and a maximum of $2, plus a
minimum of 50 cents and a | 9 | | maximum of $1 per page in excess of 3 pages
for the
| 10 | | document certified. | 11 | | (I) For each exemplification, a minimum of $1 and a | 12 | | maximum of $2, plus the fee for certification. | 13 | | (4) The executor, administrator, guardian, petitioner,
| 14 | | or other interested person or his or her attorney shall pay | 15 | | the cost of
publication by the clerk directly to the | 16 | | newspaper. | 17 | | (5) The person on whose behalf a charge is incurred for | 18 | | witness,
court reporter, appraiser, or other miscellaneous | 19 | | fee shall pay the same
directly to the person entitled | 20 | | thereto. | 21 | | (6) The executor, administrator, guardian, petitioner, | 22 | | or other
interested person or his or her attorney shall pay | 23 | | to the clerk all postage
charges incurred by the clerk in | 24 | | mailing petitions, orders, notices, or
other documents | 25 | | pursuant to the provisions of the Probate Act of 1975. | 26 | | (w) Criminal and Quasi-Criminal Costs and Fees. |
| | | HB0216 | - 13 - | LRB097 02984 AJO 43011 b |
|
| 1 | | (1) The clerk shall be entitled to costs in all | 2 | | criminal
and quasi-criminal cases from each person | 3 | | convicted or sentenced to
supervision therein as follows: | 4 | | (A) Felony complaints, a minimum of $40 and a | 5 | | maximum of $100. | 6 | | (B) Misdemeanor complaints, a minimum of $25 and a | 7 | | maximum of $75. | 8 | | (C) Business offense complaints, a minimum of $25 | 9 | | and a maximum of
$75. | 10 | | (D) Petty offense complaints, a minimum of $25 and | 11 | | a maximum of $75. | 12 | | (E) Minor traffic or ordinance violations, $10. | 13 | | (F) When court appearance required, $15. | 14 | | (G) Motions to vacate or amend final orders, a | 15 | | minimum of $20 and a
maximum of $40. | 16 | | (H) Motions to vacate bond forfeiture orders, a | 17 | | minimum of $20 and
a maximum of $40. | 18 | | (I) Motions to vacate ex parte judgments, whenever | 19 | | filed, a minimum of
$20 and a maximum of $40. | 20 | | (J) Motions to vacate judgment on forfeitures, | 21 | | whenever filed, a
minimum of $20 and a maximum of $40. | 22 | | (K) Motions to vacate "failure to appear" or | 23 | | "failure to comply"
notices sent to the Secretary of | 24 | | State, a minimum of $20 and a maximum of
$40. | 25 | | (2) In counties having a population of not
more
than | 26 | | 500,000 inhabitants, when the violation complaint is
|
| | | HB0216 | - 14 - | LRB097 02984 AJO 43011 b |
|
| 1 | | issued by a
municipal police department, the clerk shall be | 2 | | entitled to costs from each
person convicted therein as | 3 | | follows: | 4 | | (A) Minor traffic or ordinance violations, $10. | 5 | | (B) When court appearance required, $15. | 6 | | (3) In ordinance violation cases punishable by fine | 7 | | only, the clerk
of the circuit court shall be entitled to | 8 | | receive, unless the fee is
excused upon a finding by the | 9 | | court that the defendant is indigent, in
addition to other | 10 | | fees or costs allowed or imposed by law, the sum of a
| 11 | | minimum of $62.50 and a maximum of $137.50
as a fee for the | 12 | | services of a jury. The jury fee shall be paid by the
| 13 | | defendant at the time of filing his or her jury demand. If | 14 | | the fee is not
so paid by the defendant, no jury shall be | 15 | | called, and the case shall be
tried by the court without a | 16 | | jury. | 17 | | (4) The clerk of the circuit clerk, if authorized by an | 18 | | ordinance of the county board, may collect a fee of up to | 19 | | $10 for court interpreter services, in addition to other | 20 | | fees or costs allowed or imposed by law, in all criminal | 21 | | and quasi-criminal cases from each person convicted or | 22 | | sentenced to supervision in a case arising from a felony, | 23 | | misdemeanor, business offense, or petty offense complaint | 24 | | or arising from a minor traffic or ordinance violation. | 25 | | This fee shall be deposited into a separate Court | 26 | | Interpreter Services Fund, of which the chief judge or his |
| | | HB0216 | - 15 - | LRB097 02984 AJO 43011 b |
|
| 1 | | or her designee shall be the custodian, to be used to | 2 | | maintain court interpreter services. If this fee for court | 3 | | interpreter services is collected, 10% shall be deposited | 4 | | into the Circuit Court Clerk Operation and Administrative | 5 | | Fund created by the clerk of the circuit court. | 6 | | (x) Transcripts of Judgment. | 7 | | For the filing of a transcript of judgment, the clerk | 8 | | shall be entitled
to the same fee as if it were the | 9 | | commencement of a new suit. | 10 | | (y) Change of Venue. | 11 | | (1) For the filing of a change of case on a change of | 12 | | venue, the clerk
shall be entitled to the same fee as if it | 13 | | were the commencement of a new suit. | 14 | | (2) The fee for the preparation and certification of a | 15 | | record on a
change of venue to another jurisdiction, when | 16 | | original documents are
forwarded, a minimum of $10 and a | 17 | | maximum of $40. | 18 | | (z) Tax objection complaints. | 19 | | For each tax objection complaint containing one or more | 20 | | tax
objections, regardless of the number of parcels | 21 | | involved or the number of
taxpayers joining on the | 22 | | complaint, a minimum of $10 and a maximum of $50. | 23 | | (aa) Tax Deeds. | 24 | | (1) Petition for tax deed, if only one parcel is | 25 | | involved, a minimum of
$45 and a maximum of $200. | 26 | | (2) For each additional parcel, add a fee of a minimum |
| | | HB0216 | - 16 - | LRB097 02984 AJO 43011 b |
|
| 1 | | of $10 and a
maximum of $60. | 2 | | (bb) Collections. | 3 | | (1) For all collections made of others, except the | 4 | | State and county
and except in maintenance or child support | 5 | | cases, a sum equal to a
minimum of 2% and a maximum of 2.5% | 6 | | of
the amount collected and turned over. | 7 | | (2) Interest earned on any funds held by the clerk | 8 | | shall be turned
over to the county general fund as an | 9 | | earning of the office. | 10 | | (3) For any check, draft, or other bank instrument | 11 | | returned to the
clerk for non-sufficient funds, account | 12 | | closed, or
payment stopped, $25. | 13 | | (4) In child support and maintenance cases, the clerk, | 14 | | if authorized by an
ordinance of the county board, may | 15 | | collect an annual fee of up to $36 from
the person making | 16 | | payment for maintaining child support records and the
| 17 | | processing of support orders to the State of Illinois KIDS | 18 | | system and the
recording of payments issued by the State | 19 | | Disbursement Unit for the official
record of the Court. | 20 | | This fee shall be in addition
to and separate from amounts | 21 | | ordered to be paid as maintenance or child
support and | 22 | | shall be deposited into a Separate Maintenance and Child | 23 | | Support
Collection Fund, of which the clerk shall be the | 24 | | custodian, ex-officio, to
be used by the clerk to maintain | 25 | | child support orders and record all payments
issued by the | 26 | | State Disbursement Unit for the official record of the |
| | | HB0216 | - 17 - | LRB097 02984 AJO 43011 b |
|
| 1 | | Court.
The clerk may recover from the person making the | 2 | | maintenance or child support
payment any additional cost | 3 | | incurred in the collection of this annual
fee. | 4 | | The clerk shall also be entitled to a fee of $5 for | 5 | | certifications made
to the Secretary of State as provided | 6 | | in Section 7-703 of the Family
Financial Responsibility Law | 7 | | and these fees shall also be deposited into the
Separate | 8 | | Maintenance and Child Support Collection Fund. | 9 | | (cc) Corrections of Numbers. | 10 | | For correction of the case number, case
title, or | 11 | | attorney computer identification number, if required by | 12 | | rule of
court, on any document filed in the clerk's office, | 13 | | to be charged against
the party that filed the document, a | 14 | | minimum of $10 and a maximum of $25. | 15 | | (dd) Exceptions. | 16 | | (1) The fee requirements of this Section shall not | 17 | | apply to police
departments or other law enforcement | 18 | | agencies. In this Section, "law
enforcement agency" means | 19 | | an agency of the State or a unit of local
government which | 20 | | is vested by law or ordinance with the duty to maintain
| 21 | | public order and to enforce criminal laws or ordinances. | 22 | | "Law enforcement
agency" also means the Attorney General or | 23 | | any state's attorney. | 24 | | (2) No fee provided herein shall be charged to any unit | 25 | | of local
government or school district. | 26 | | (3) The fee requirements of this Section shall not |
| | | HB0216 | - 18 - | LRB097 02984 AJO 43011 b |
|
| 1 | | apply to any action
instituted under subsection (b) of | 2 | | Section 11-31-1 of the Illinois Municipal
Code by a private | 3 | | owner or tenant of real property within 1200 feet of a
| 4 | | dangerous or unsafe building seeking an order compelling | 5 | | the owner or owners of
the building to take any of the | 6 | | actions authorized under that subsection. | 7 | | (4) The fee requirements of this Section shall not | 8 | | apply to the filing of
any
commitment petition or petition | 9 | | for an order authorizing the administration of | 10 | | psychotropic medication or electroconvulsive therapy
under | 11 | | the Mental Health and
Developmental Disabilities Code. | 12 | | (ee) Adoptions. | 13 | | (1) For an adoption ...............................$65 | 14 | | (2) Upon good cause shown, the court may waive the | 15 | | adoption filing fee in
a special needs adoption. The term | 16 | | "special needs adoption" shall have the
meaning ascribed to | 17 | | it by the Illinois Department of Children and Family
| 18 | | Services. | 19 | | (ff) Adoption exemptions. | 20 | | No fee other than that set forth in subsection (ee) | 21 | | shall be charged to any
person in connection with an | 22 | | adoption proceeding nor may any fee be charged for
| 23 | | proceedings for the appointment of a confidential | 24 | | intermediary under the
Adoption Act. | 25 | | (Source: P.A. 95-172, eff. 8-14-07; 95-331, eff. 8-21-07.) |
| | | HB0216 | - 19 - | LRB097 02984 AJO 43011 b |
|
| 1 | | (705 ILCS 105/27.2) (from Ch. 25, par. 27.2) | 2 | | Sec. 27.2. The fees of the clerks of the circuit court in | 3 | | all
counties having a population in excess of 500,000 | 4 | | inhabitants
but less than 3,000,000 inhabitants in the | 5 | | instances described in this Section
shall be as provided in | 6 | | this Section.
In those instances where a minimum and maximum | 7 | | fee is stated, counties with
more than 500,000 inhabitants but | 8 | | less than 3,000,000 inhabitants must charge
the minimum fee | 9 | | listed in this Section and may charge up to the maximum fee if
| 10 | | the county board has by resolution increased the fee.
In | 11 | | addition, the minimum fees authorized in this
Section shall | 12 | | apply to all units of local government and school districts
in | 13 | | counties with more than 3,000,000 inhabitants. The fees shall | 14 | | 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 $150
and a maximum of | 19 | | $190. | 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 $10 and a maximum of
$15. | 23 | | (B) When that amount exceeds $250 but does not | 24 | | exceed $1,000, a minimum of $20 and a maximum of $40. | 25 | | (C) When that amount exceeds $1,000 but does not | 26 | | exceed
$2500, a minimum
of $30 and a maximum of $50. |
| | | HB0216 | - 20 - | LRB097 02984 AJO 43011 b |
|
| 1 | | (D) When that amount exceeds $2500 but does not | 2 | | exceed $5,000, a minimum of $75 and a maximum of $100. | 3 | | (D-5) When the amount exceeds $5,000 but does not | 4 | | exceed $15,000, a
minimum of $75 and a maximum of $150. | 5 | | (E) For the exercise of eminent domain, $150. For | 6 | | each
additional lot or tract of land or right or | 7 | | interest therein subject to be
condemned, the damages | 8 | | in respect to which shall require separate
assessment | 9 | | by a jury, $150. | 10 | | (F) No fees shall be charged by the clerk to a | 11 | | petitioner in any
order of
protection including, but | 12 | | not limited to, filing, modifying, withdrawing,
| 13 | | certifying, or
photocopying petitions for orders of | 14 | | protection, or for issuing alias summons,
or for any
| 15 | | related filing service, certifying, modifying, | 16 | | vacating, or
photocopying any
orders of protection.
| 17 | | (b) Forcible Entry and Detainer. | 18 | | In each forcible entry and detainer case when the | 19 | | plaintiff seeks
possession only or unites with his or her | 20 | | claim for possession of the property
a claim for rent or | 21 | | damages or both in the amount of $15,000 or less, a
minimum | 22 | | of $40 and a maximum of $75.
When the plaintiff unites his | 23 | | or her claim for possession with a claim for
rent or | 24 | | damages or both exceeding $15,000, a minimum of $150 and a
| 25 | | maximum of $225. | 26 | | (c) Counterclaim or Joining Third Party Defendant. |
| | | HB0216 | - 21 - | LRB097 02984 AJO 43011 b |
|
| 1 | | When any defendant files a counterclaim as part of his | 2 | | or her
answer or otherwise or joins another party as a | 3 | | third party defendant, or
both, the defendant shall pay a | 4 | | fee for each counterclaim or third
party action in an | 5 | | amount equal to the fee he or she would have had to pay
had | 6 | | he or she brought a separate action for the relief sought | 7 | | in the
counterclaim or against the third party defendant, | 8 | | less the amount of the
appearance fee, if that has been | 9 | | paid. | 10 | | (d) Confession of Judgment. | 11 | | In a confession of judgment when the amount does not | 12 | | exceed $1500, a
minimum of $50 and a maximum of $60. When | 13 | | the amount exceeds
$1500, but does not exceed $5,000, $75.
| 14 | | When the amount exceeds $5,000, but does not exceed
| 15 | | $15,000, $175.
When the amount exceeds $15,000, a minimum | 16 | | of $200 and a maximum of
$250. | 17 | | (e) Appearance. | 18 | | The fee for filing an appearance in each civil case | 19 | | shall be a minimum
of $50 and a maximum of $75,
except as | 20 | | follows: | 21 | | (A) When the plaintiff in a forcible entry and | 22 | | detainer case seeks
possession only, a minimum of $20 | 23 | | and a maximum of $40. | 24 | | (B) When the amount in the case does not exceed | 25 | | $1500, a minimum of
$20 and a maximum of $40. | 26 | | (C) When the amount in the case exceeds $1500 but |
| | | HB0216 | - 22 - | LRB097 02984 AJO 43011 b |
|
| 1 | | does
not exceed $15,000, a minimum of $40 and a maximum | 2 | | of $60. | 3 | | (f) Garnishment, Wage Deduction, and Citation. | 4 | | In garnishment affidavit, wage deduction affidavit, | 5 | | and citation
petition when the amount does not exceed | 6 | | $1,000, a minimum of $10 and a
maximum of $15; when the | 7 | | amount
exceeds $1,000 but does not exceed $5,000, a minimum | 8 | | of $20 and a maximum
of $30; and when the amount exceeds
| 9 | | $5,000, a minimum of $30 and a maximum of $50. | 10 | | (g) Petition to Vacate
or Modify. | 11 | | (1) Petition to vacate
or modify any final judgment or | 12 | | order of court,
except in forcible entry and detainer cases | 13 | | and small claims cases or a
petition to reopen an estate, | 14 | | to modify, terminate, or enforce a
judgment or order for | 15 | | child or spousal support, or to modify, suspend, or
| 16 | | terminate an order for withholding, if filed before 30 days | 17 | | after the entry
of the judgment or order, a minimum of $40 | 18 | | and a maximum of $50. | 19 | | (2) Petition to vacate
or modify any final judgment
or | 20 | | order of court, except a petition to modify, terminate, or | 21 | | enforce a
judgment or order for child or spousal support or | 22 | | to modify, suspend, or
terminate an order for withholding, | 23 | | if filed later than 30 days
after the entry of the judgment | 24 | | or order, a minimum of $60 and a maximum
of $75. | 25 | | (3) Petition to vacate order of bond forfeiture, a | 26 | | minimum of $20
and a maximum of $40. |
| | | HB0216 | - 23 - | LRB097 02984 AJO 43011 b |
|
| 1 | | (h) Mailing. | 2 | | When the clerk is required to mail, the fee will be a | 3 | | minimum of $6
and a maximum of $10, plus the cost of | 4 | | postage. | 5 | | (i) Certified Copies. | 6 | | Each certified copy of a judgment after the first, | 7 | | except in small
claims and forcible entry and detainer | 8 | | cases, a minimum of $10 and a
maximum of $15. | 9 | | (j) Habeas Corpus. | 10 | | For filing a petition for relief by habeas corpus, a | 11 | | minimum of $80
and a maximum of $125. | 12 | | (k) Certification, Authentication, and Reproduction. | 13 | | (1) Each certification or authentication for taking | 14 | | the acknowledgment
of a deed or other instrument in writing | 15 | | with the seal of office, a minimum
of $4 and a maximum of | 16 | | $6. | 17 | | (2) Court appeals when original documents are | 18 | | forwarded, under 100 pages,
plus delivery and costs, a | 19 | | minimum of $50 and a maximum of $75. | 20 | | (3) Court appeals when original documents are | 21 | | forwarded, over 100 pages,
plus delivery and costs, a | 22 | | minimum of $120 and a maximum of $150. | 23 | | (4) Court appeals when original documents are | 24 | | forwarded, over 200
pages, an additional fee of a minimum | 25 | | of 20 and a maximum of 25 cents
per page. | 26 | | (5) For reproduction of any document contained in the |
| | | HB0216 | - 24 - | LRB097 02984 AJO 43011 b |
|
| 1 | | clerk's files: | 2 | | (A) First page, $2. | 3 | | (B) Next 19 pages, 50 cents per page. | 4 | | (C) All remaining pages, 25 cents per page. | 5 | | (l) Remands. | 6 | | In any cases remanded to the Circuit Court from the | 7 | | Supreme Court
or the Appellate Court for a new trial, the | 8 | | clerk shall file the remanding
order and reinstate the case | 9 | | with either its original number or a new number.
The Clerk | 10 | | shall not
charge any new or additional fee for the | 11 | | reinstatement. Upon reinstatement the
Clerk shall advise | 12 | | the parties of the reinstatement. A party shall have the
| 13 | | same right to a jury trial on remand and reinstatement as | 14 | | he or she had before
the appeal, and no additional or new | 15 | | fee or charge shall be made for a jury
trial after remand. | 16 | | (m) Record Search. | 17 | | For each record search, within a division or municipal | 18 | | district, the
clerk shall be entitled to a search fee of a | 19 | | minimum of $4 and a maximum
of $6 for each year searched. | 20 | | (n) Hard Copy. | 21 | | For each page of hard copy print output, when case | 22 | | records are
maintained on an automated medium, the clerk | 23 | | shall be entitled to a fee of a
minimum of $4 and a maximum | 24 | | of $6. | 25 | | (o) Index Inquiry and Other Records. | 26 | | No fee shall be charged for a single |
| | | HB0216 | - 25 - | LRB097 02984 AJO 43011 b |
|
| 1 | | plaintiff/defendant index inquiry
or single case record | 2 | | inquiry when this request is made in person and the
records | 3 | | are maintained in a current automated medium, and when no | 4 | | hard copy
print output is requested. The fees to be charged | 5 | | for management records,
multiple case records, and | 6 | | multiple journal records may be specified by the
Chief | 7 | | Judge pursuant to the guidelines for access and | 8 | | dissemination of
information approved by the Supreme | 9 | | Court. | 10 | | (p) (Blank). | 11 | | (q) Alias Summons. | 12 | | For each alias summons or citation issued by the clerk, | 13 | | a minimum of $4
and a maximum of $5. | 14 | | (r) Other Fees. | 15 | | Any fees not covered in this Section shall be set by | 16 | | rule or
administrative order of the Circuit Court with the | 17 | | approval of the
Administrative Office of the Illinois | 18 | | Courts. | 19 | | The clerk of the circuit court may provide additional | 20 | | services for
which there is no fee specified by statute in | 21 | | connection with the operation
of the clerk's office as may | 22 | | be requested by the public and agreed to by
the clerk and | 23 | | approved by the chief judge of the circuit court. Any
| 24 | | charges for additional services shall be as agreed to
| 25 | | between the clerk and the party making the request and | 26 | | approved by the
chief judge of the circuit court. Nothing |
| | | HB0216 | - 26 - | LRB097 02984 AJO 43011 b |
|
| 1 | | in this
subsection shall be construed to require any clerk | 2 | | to provide any service
not otherwise required by law. | 3 | | (s) Jury Services. | 4 | | The clerk shall be entitled to receive, in
addition to | 5 | | other fees allowed by law, the sum of a minimum of $192.50
| 6 | | and a maximum of $212.50, as a fee for the
services of a | 7 | | jury in every civil action not quasi-criminal in its
nature | 8 | | and not a proceeding for the exercise of the right of | 9 | | eminent
domain and in every other action wherein the right | 10 | | of trial by jury
is or may be given by law. The jury fee | 11 | | shall be paid by the party
demanding a jury at the time of | 12 | | filing the jury demand. If the fee is
not paid by either | 13 | | party, no jury shall be called in the action or
proceeding, | 14 | | and the same shall be tried by the court without a jury. | 15 | | (t) Voluntary Assignment. | 16 | | For filing each deed of voluntary assignment, a minimum | 17 | | of $10 and a
maximum of $20; for recording
the same, a | 18 | | minimum of 25˘ and a maximum of 50˘ for each 100 words.
| 19 | | Exceptions filed to claims presented
to an assignee of a | 20 | | debtor who has made a voluntary assignment for the
benefit | 21 | | of creditors shall be considered and treated, for the | 22 | | purpose of
taxing costs therein, as actions in which the | 23 | | party or parties filing
the exceptions shall be considered | 24 | | as party or parties plaintiff, and
the claimant or | 25 | | claimants as party or parties defendant, and those
parties | 26 | | respectively shall pay to the clerk the same fees
as |
| | | HB0216 | - 27 - | LRB097 02984 AJO 43011 b |
|
| 1 | | provided by this Section to be paid in other actions. | 2 | | (u) Expungement Petition. | 3 | | The clerk shall be entitled to receive a
fee of a | 4 | | minimum of $30 and a maximum of $60 for each expungement
| 5 | | petition filed and an additional fee of a minimum of $2 and | 6 | | a maximum of
$4 for each certified copy of an order to | 7 | | expunge arrest records. | 8 | | (v) Probate. | 9 | | The clerk is entitled to receive the fees specified in | 10 | | this subsection
(v), which shall be paid in advance, except | 11 | | that, for good cause shown, the
court may suspend, reduce, | 12 | | or release the costs payable under this subsection: | 13 | | (1) For administration of the estate of a decedent | 14 | | (whether testate
or intestate) or of a missing person, a | 15 | | minimum of $100 and a maximum of
$150, plus the fees | 16 | | specified in
subsection (v)(3), except: | 17 | | (A) When the value of the real and personal | 18 | | property does not exceed
$15,000, the fee shall be a | 19 | | minimum of $25 and a maximum of $40. | 20 | | (B) When (i) proof of heirship alone is made, (ii) | 21 | | a domestic or
foreign will is admitted to probate | 22 | | without administration (including
proof of heirship), | 23 | | or (iii) letters of office are issued for a particular
| 24 | | purpose without administration of the estate, the fee | 25 | | shall be a minimum of
$25 and a maximum of $40. | 26 | | (2) For administration of the estate of a ward, a |
| | | HB0216 | - 28 - | LRB097 02984 AJO 43011 b |
|
| 1 | | minimum of $50 and
a maximum of $75,
plus the fees | 2 | | specified in subsection (v)(3), except: | 3 | | (A) When the value of the real and personal | 4 | | property does not exceed
$15,000, the fee shall be a | 5 | | minimum of $25 and a maximum of $40. | 6 | | (B) When (i) letters of office are issued to a | 7 | | guardian of the
person or persons, but not of the | 8 | | estate or (ii) letters of office are
issued in the
| 9 | | estate of a ward without administration of the estate, | 10 | | including filing or
joining in the filing of a tax | 11 | | return or releasing a mortgage or consenting
to the | 12 | | marriage of the ward, the fee shall be a minimum of $10 | 13 | | and a
maximum
of $20. | 14 | | (3) In addition to the fees payable under subsection | 15 | | (v)(1) or (v)(2)
of this Section, the following fees are | 16 | | payable: | 17 | | (A) For each account (other than one final account) | 18 | | filed in the
estate of a decedent, or ward, a minimum | 19 | | of $15 and a maximum of $25. | 20 | | (B) For filing a claim in an estate when the amount | 21 | | claimed is $150
or more but less than $500, a minimum | 22 | | of $10 and a maximum of $20; when
the amount claimed is | 23 | | $500 or
more but less than $10,000, a minimum of $25 | 24 | | and a maximum of $40; when
the amount claimed is | 25 | | $10,000 or more, a minimum of $40 and a maximum of
$60; | 26 | | provided that the court in allowing a claim may add to |
| | | HB0216 | - 29 - | LRB097 02984 AJO 43011 b |
|
| 1 | | the amount
allowed
the filing fee paid by the claimant. | 2 | | (C) For filing in an estate a claim, petition, or | 3 | | supplemental
proceeding based upon an action seeking | 4 | | equitable relief including the
construction or contest | 5 | | of a will, enforcement of a contract to make a
will, | 6 | | and proceedings involving testamentary trusts or the | 7 | | appointment of
testamentary trustees, a minimum of $40 | 8 | | and a maximum of $60. | 9 | | (D) For filing in an estate (i) the appearance of | 10 | | any person for the
purpose of consent or (ii) the | 11 | | appearance of an executor, administrator,
| 12 | | administrator to collect, guardian, guardian ad litem, | 13 | | or special
administrator, no fee. | 14 | | (E) Except as provided in subsection (v)(3)(D), | 15 | | for filing the
appearance of any person or persons, a | 16 | | minimum of $10 and a maximum of
$30. | 17 | | (F) For each jury demand, a minimum of $102.50 and | 18 | | a maximum of
$137.50. | 19 | | (G) For disposition of the collection of a judgment | 20 | | or settlement of
an action or claim for wrongful death | 21 | | of a decedent or of any cause of
action of a ward, when | 22 | | there is no other administration
of the estate, a | 23 | | minimum of $30 and a maximum of $50, less any amount
| 24 | | paid under subsection (v)(1)(B)
or (v)(2)(B) except | 25 | | that if the amount involved does not exceed
$5,000, the | 26 | | fee, including any amount paid under subsection |
| | | HB0216 | - 30 - | LRB097 02984 AJO 43011 b |
|
| 1 | | (v)(1)(B) or
(v)(2)(B), shall be a minimum of $10 and a | 2 | | maximum of $20. | 3 | | (H) For each certified copy of letters of office, | 4 | | of court order or
other certification, a minimum of $1 | 5 | | and a maximum of $2, plus a
minimum of 50˘ and a | 6 | | maximum of $1 per page in excess of 3 pages for the
| 7 | | document certified. | 8 | | (I) For each exemplification, a minimum of $1 and a | 9 | | maximum of
$2, plus the fee for certification. | 10 | | (4) The executor, administrator, guardian, petitioner,
| 11 | | or other interested person or his or her attorney shall pay | 12 | | the cost of
publication by the clerk directly to the | 13 | | newspaper. | 14 | | (5) The person on whose behalf a charge is incurred for | 15 | | witness,
court reporter, appraiser, or other miscellaneous | 16 | | fee shall pay the same
directly to the person entitled | 17 | | thereto. | 18 | | (6) The executor, administrator, guardian, petitioner,
| 19 | | or other interested person or his attorney shall pay to the | 20 | | clerk all
postage charges incurred by the clerk in mailing | 21 | | petitions, orders,
notices, or other documents pursuant to | 22 | | the provisions of the Probate Act
of 1975. | 23 | | (w) Criminal and Quasi-Criminal Costs and Fees. | 24 | | (1) The clerk shall be entitled to costs in all | 25 | | criminal
and quasi-criminal cases from each person | 26 | | convicted or sentenced to
supervision therein as follows: |
| | | HB0216 | - 31 - | LRB097 02984 AJO 43011 b |
|
| 1 | | (A) Felony complaints, a minimum of $80 and a | 2 | | maximum of $125. | 3 | | (B) Misdemeanor complaints, a minimum of $50 and a | 4 | | maximum of
$75. | 5 | | (C) Business offense complaints, a minimum of $50 | 6 | | and a maximum of
$75. | 7 | | (D) Petty offense complaints, a minimum of $50 and | 8 | | a maximum of
$75. | 9 | | (E) Minor traffic or ordinance violations, $20. | 10 | | (F) When court appearance required, $30. | 11 | | (G) Motions to vacate or amend final orders, a | 12 | | minimum of $20 and
a maximum of $40. | 13 | | (H) Motions to vacate bond forfeiture orders, a | 14 | | minimum of $20 and
a maximum of $30. | 15 | | (I) Motions to vacate ex parte judgments, whenever | 16 | | filed, a minimum
of $20 and a maximum of $30. | 17 | | (J) Motions to vacate judgment on forfeitures, | 18 | | whenever filed, a
minimum of $20 and a maximum of $25. | 19 | | (K) Motions to vacate "failure to appear" or | 20 | | "failure to comply"
notices sent to the Secretary of | 21 | | State, a minimum of $20 and a maximum of
$40. | 22 | | (2) In counties having a population of more than | 23 | | 500,000
but fewer
than 3,000,000 inhabitants, when the | 24 | | violation complaint is issued by a
municipal police | 25 | | department, the clerk shall be entitled to costs from each
| 26 | | person convicted therein as follows: |
| | | HB0216 | - 32 - | LRB097 02984 AJO 43011 b |
|
| 1 | | (A) Minor traffic or ordinance violations, $10. | 2 | | (B) When court appearance required, $15. | 3 | | (3) In ordinance violation cases punishable by fine | 4 | | only, the clerk
of the circuit court shall be entitled to | 5 | | receive, unless the fee is
excused upon a finding by the | 6 | | court that the defendant is indigent, in
addition to other | 7 | | fees or costs allowed or imposed by law, the sum of a
| 8 | | minimum of $50 and a maximum of $112.50
as a fee for the | 9 | | services of a jury. The jury fee shall be paid by the
| 10 | | defendant at the time of filing his or her jury demand. If | 11 | | the fee is not
so paid by the defendant, no jury shall be | 12 | | called, and the case shall be
tried by the court without a | 13 | | jury. | 14 | | (4) The clerk of the circuit clerk, if authorized by an | 15 | | ordinance of the county board, may collect a fee of up to | 16 | | $10 for court interpreter services, in addition to other | 17 | | fees or costs allowed or imposed by law, in all criminal | 18 | | and quasi-criminal cases from each person convicted or | 19 | | sentenced to supervision in a case arising from a felony, | 20 | | misdemeanor, business offense, or petty offense complaint | 21 | | or arising from a minor traffic or ordinance violation. | 22 | | This fee shall be deposited into a separate Court | 23 | | Interpreter Services Fund, of which the chief judge or his | 24 | | or her designee shall be the custodian, to be used to | 25 | | maintain court interpreter services. If this fee for court | 26 | | interpreter services is collected, 10% shall be deposited |
| | | HB0216 | - 33 - | LRB097 02984 AJO 43011 b |
|
| 1 | | into the Circuit Court Clerk Operation and Administrative | 2 | | Fund created by the clerk of the circuit court. | 3 | | (x) Transcripts of Judgment. | 4 | | For the filing of a transcript of judgment, the clerk | 5 | | shall be entitled
to the same fee as if it were the | 6 | | commencement of new suit. | 7 | | (y) Change of Venue. | 8 | | (1) For the filing of a change of case on a change of | 9 | | venue, the clerk
shall be entitled to the same fee as if it | 10 | | were the commencement of a new suit. | 11 | | (2) The fee for the preparation and certification of a | 12 | | record on a
change of venue to another jurisdiction, when | 13 | | original documents are
forwarded, a minimum of $25 and a | 14 | | maximum of $40. | 15 | | (z) Tax objection complaints. | 16 | | For each tax objection complaint containing one or more | 17 | | tax
objections, regardless of the number of parcels | 18 | | involved
or the number of taxpayers joining in the | 19 | | complaint, a minimum of $25
and a maximum of $50. | 20 | | (aa) Tax Deeds. | 21 | | (1) Petition for tax deed, if only one parcel is | 22 | | involved, a minimum
of $150 and a maximum of $250. | 23 | | (2) For each additional parcel, add a fee of a minimum | 24 | | of $50 and a
maximum of $100. | 25 | | (bb) Collections. | 26 | | (1) For all collections made of others, except the |
| | | HB0216 | - 34 - | LRB097 02984 AJO 43011 b |
|
| 1 | | State and county
and except in maintenance or child support | 2 | | cases, a sum equal to a minimum
of 2.5% and a maximum of | 3 | | 3.0% of the amount collected and turned over. | 4 | | (2) Interest earned on any funds held by the clerk | 5 | | shall be turned
over to the county general fund as an | 6 | | earning of the office. | 7 | | (3) For any check, draft, or other bank instrument | 8 | | returned to the clerk
for non-sufficient funds, account | 9 | | closed, or payment stopped, $25. | 10 | | (4) In child support and maintenance cases, the clerk, | 11 | | if authorized by an
ordinance of the county board, may | 12 | | collect an annual fee of up to $36 from
the person making | 13 | | payment for maintaining child support records and the
| 14 | | processing of support orders to the State of Illinois KIDS | 15 | | system and the
recording of payments issued by the State | 16 | | Disbursement Unit for the official
record of the Court.
| 17 | | This fee shall be in addition
to and separate from amounts | 18 | | ordered to be paid as maintenance or child
support and | 19 | | shall be deposited into a Separate Maintenance and Child | 20 | | Support
Collection Fund, of which the clerk shall be the | 21 | | custodian, ex-officio, to
be used by the clerk to maintain | 22 | | child support orders and record all payments
issued by the | 23 | | State Disbursement Unit for the official record of the | 24 | | Court.
The clerk may recover from the person making the | 25 | | maintenance or child support
payment any additional cost | 26 | | incurred in the collection of this annual
fee. |
| | | HB0216 | - 35 - | LRB097 02984 AJO 43011 b |
|
| 1 | | The clerk shall also be entitled to a fee of $5 for | 2 | | certifications made
to the Secretary of State as provided | 3 | | in Section 7-703 of the Family Financial
Responsibility Law | 4 | | and these fees shall also be deposited into the Separate
| 5 | | Maintenance and Child Support Collection Fund. | 6 | | (cc) Corrections of Numbers. | 7 | | For correction of the case number, case title, or | 8 | | attorney computer
identification number, if required by | 9 | | rule of court, on any document filed
in the clerk's office, | 10 | | to be charged against the party that filed the
document, a | 11 | | minimum of $15 and a maximum of $25. | 12 | | (dd) Exceptions. | 13 | | The fee requirements of this Section shall not apply to | 14 | | police
departments or other law enforcement agencies. In | 15 | | this Section, "law
enforcement agency" means an agency of | 16 | | the State or a unit of local
government which is vested by | 17 | | law or ordinance with the duty to maintain
public order and | 18 | | to enforce criminal laws or ordinances. "Law enforcement
| 19 | | agency" also means the Attorney General or any state's | 20 | | attorney.
The fee requirements of this Section shall not | 21 | | apply to any action instituted
under subsection (b) of | 22 | | Section 11-31-1 of the Illinois Municipal Code by a
private | 23 | | owner or tenant of real property within 1200 feet of a | 24 | | dangerous or
unsafe building seeking an order compelling | 25 | | the owner or owners of the building
to take any of the | 26 | | actions authorized under that subsection. |
| | | HB0216 | - 36 - | LRB097 02984 AJO 43011 b |
|
| 1 | | The fee requirements of this Section shall not apply to | 2 | | the filing of any
commitment petition or petition for an | 3 | | order authorizing the administration of psychotropic | 4 | | medication or electroconvulsive therapy under the Mental | 5 | | Health and
Developmental Disabilities Code. | 6 | | (ee) Adoptions. | 7 | | (1) For an adoption ...............................$65 | 8 | | (2) Upon good cause shown, the court may waive the | 9 | | adoption filing fee in
a special needs adoption. The term | 10 | | "special needs adoption" shall have the
meaning ascribed to | 11 | | it by the Illinois Department of Children and Family
| 12 | | Services. | 13 | | (ff) Adoption exemptions. | 14 | | No fee other than that set forth in subsection (ee) | 15 | | shall be charged to any
person in connection with an | 16 | | adoption proceeding
nor may any fee be charged
for | 17 | | proceedings for the
appointment of a confidential | 18 | | intermediary under the Adoption Act. | 19 | | (gg) Unpaid fees.
| 20 | | Unless a court ordered payment schedule is implemented | 21 | | or the fee
requirements of this Section are waived pursuant | 22 | | to court order, the clerk of
the court may add to any | 23 | | unpaid fees and costs under this Section a delinquency
| 24 | | amount equal to 5% of the unpaid fees that remain unpaid | 25 | | after 30 days, 10% of
the unpaid fees that remain unpaid | 26 | | after 60 days, and 15% of the unpaid fees
that remain |
| | | HB0216 | - 37 - | LRB097 02984 AJO 43011 b |
|
| 1 | | unpaid after 90 days. Notice to those parties may be made | 2 | | by
signage posting or publication. The additional | 3 | | delinquency amounts collected under this Section shall
be | 4 | | used to defray additional administrative costs incurred by | 5 | | the clerk of the
circuit court in collecting unpaid fees | 6 | | and costs.
| 7 | | (Source: P.A. 95-172, eff. 8-14-07.) | 8 | | (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a) | 9 | | Sec. 27.2a. The fees of the clerks of the circuit court in | 10 | | all
counties having a population of 3,000,000 or more | 11 | | inhabitants in the
instances described in this Section shall be | 12 | | as provided in this
Section. In those instances where a minimum | 13 | | and maximum fee is stated, the
clerk of the circuit court must | 14 | | charge the minimum fee listed
and may charge up to the maximum | 15 | | fee if the county board has by resolution
increased the fee. | 16 | | The fees shall be paid in advance and shall be as follows: | 17 | | (a) Civil Cases. | 18 | | The fee for filing a complaint, petition, or other | 19 | | pleading
initiating a civil action, with the following | 20 | | exceptions, shall be a minimum
of $190 and a maximum of | 21 | | $240. | 22 | | (A) When the amount of money or damages or the | 23 | | value of personal
property claimed does not exceed | 24 | | $250, a minimum of $15 and a maximum of
$22. | 25 | | (B) When that amount exceeds $250 but does not |
| | | HB0216 | - 38 - | LRB097 02984 AJO 43011 b |
|
| 1 | | exceed $1000, a minimum
of $40 and a maximum of $75. | 2 | | (C) When that amount exceeds $1000 but does not | 3 | | exceed $2500, a
minimum of $50 and a maximum of $80. | 4 | | (D) When that amount exceeds $2500 but does not | 5 | | exceed $5000, a
minimum of $100 and a maximum of $130. | 6 | | (E) When that amount exceeds $5000 but does not | 7 | | exceed $15,000, $150. | 8 | | (F) For the exercise of eminent domain, $150. For | 9 | | each additional
lot or tract of land or right or | 10 | | interest therein subject to be condemned,
the damages | 11 | | in respect to which shall require separate assessment | 12 | | by a jury,
$150. | 13 | | (G) For the final determination of parking, | 14 | | standing, and compliance
violations and final | 15 | | administrative decisions issued after hearings | 16 | | regarding
vehicle immobilization and impoundment made | 17 | | pursuant to Sections 3-704.1,
6-306.5, and 11-208.3 of | 18 | | the Illinois Vehicle Code, $25. | 19 | | (H) No fees shall be charged by the clerk to a | 20 | | petitioner in any
order
of
protection including, but | 21 | | not limited to, filing, modifying, withdrawing,
| 22 | | certifying, or
photocopying petitions for orders of | 23 | | protection, or for issuing alias summons,
or for any
| 24 | | related filing service, certifying, modifying, | 25 | | vacating, or
photocopying any
orders of protection.
| 26 | | (b) Forcible Entry and Detainer. |
| | | HB0216 | - 39 - | LRB097 02984 AJO 43011 b |
|
| 1 | | In each forcible entry and detainer case when the | 2 | | plaintiff seeks
possession only or unites with his or her | 3 | | claim for possession of the property
a claim for rent or | 4 | | damages or both in the amount of $15,000 or less, a
minimum | 5 | | of $75 and a maximum of $140.
When the plaintiff unites his | 6 | | or her claim for possession with a claim for
rent or | 7 | | damages or both exceeding $15,000, a minimum of $225 and a
| 8 | | maximum of
$335. | 9 | | (c) Counterclaim or Joining Third Party Defendant. | 10 | | When any defendant files a counterclaim as part of his | 11 | | or her answer or
otherwise or joins another party as a | 12 | | third party defendant, or both, the
defendant shall pay a | 13 | | fee for each counterclaim or third party action in an
| 14 | | amount equal to the fee he or she would have had to pay had | 15 | | he or she
brought a separate action for the relief sought | 16 | | in the counterclaim or
against the third party defendant, | 17 | | less the amount of the appearance fee,
if that has been | 18 | | paid. | 19 | | (d) Confession of Judgment. | 20 | | In a confession of judgment when the amount does not | 21 | | exceed $1500, a
minimum of $60 and a maximum of $70.
When | 22 | | the amount exceeds $1500, but does not exceed $5000, a | 23 | | minimum of $75
and a maximum of $150.
When the
amount | 24 | | exceeds $5000, but does not exceed $15,000, a minimum of | 25 | | $175 and
a
maximum of $260. When the
amount
exceeds | 26 | | $15,000, a minimum of $250 and a maximum of $310. |
| | | HB0216 | - 40 - | LRB097 02984 AJO 43011 b |
|
| 1 | | (e) Appearance. | 2 | | The fee for filing an appearance in each civil case | 3 | | shall be a minimum
of
$75 and a maximum of $110,
except as | 4 | | follows: | 5 | | (A) When the plaintiff in a forcible entry and | 6 | | detainer case seeks
possession only, a minimum of $40 | 7 | | and a maximum of $80. | 8 | | (B) When the amount in the case does not exceed | 9 | | $1500, a minimum of
$40 and a maximum of $80. | 10 | | (C) When that amount exceeds $1500 but does not | 11 | | exceed $15,000, a
minimum of $60 and a maximum of $90. | 12 | | (f) Garnishment, Wage Deduction, and Citation. | 13 | | In garnishment affidavit, wage deduction affidavit, | 14 | | and citation
petition when the amount does not exceed | 15 | | $1,000, a minimum of $15 and a
maximum of $25; when the
| 16 | | amount
exceeds $1,000 but does not exceed $5,000, a minimum | 17 | | of $30 and a maximum
of
$45; and when the amount
exceeds
| 18 | | $5,000, a minimum of $50 and a maximum of $80. | 19 | | (g) Petition to Vacate
or Modify. | 20 | | (1) Petition to vacate
or modify any final judgment or | 21 | | order of court,
except in forcible entry and detainer cases | 22 | | and small claims cases or a
petition to reopen an estate, | 23 | | to modify, terminate, or enforce a
judgment or order for | 24 | | child or spousal support, or to modify, suspend, or
| 25 | | terminate an order for withholding, if filed before 30 days | 26 | | after the entry
of the judgment or order, a minimum of $50 |
| | | HB0216 | - 41 - | LRB097 02984 AJO 43011 b |
|
| 1 | | and a maximum of $60. | 2 | | (2) Petition to vacate
or modify any final judgment
or | 3 | | order of court, except a petition to modify, terminate, or | 4 | | enforce a
judgment or order for child or spousal support or | 5 | | to modify, suspend, or
terminate an order for withholding, | 6 | | if filed later than 30 days
after the entry of the judgment | 7 | | or order, a minimum of $75 and a maximum
of
$90. | 8 | | (3) Petition to vacate order of bond forfeiture, a | 9 | | minimum of $40
and a
maximum of $80. | 10 | | (h) Mailing. | 11 | | When the clerk is required to mail, the fee will be a | 12 | | minimum of $10
and
a maximum of $15,
plus the cost of | 13 | | postage. | 14 | | (i) Certified Copies. | 15 | | Each certified copy of a judgment after the first, | 16 | | except in small
claims and forcible entry and detainer | 17 | | cases, a minimum of $15 and a
maximum
of $20. | 18 | | (j) Habeas Corpus. | 19 | | For filing a petition for relief by habeas corpus, a | 20 | | minimum of $125
and
a maximum of $190. | 21 | | (k) Certification, Authentication, and Reproduction. | 22 | | (1) Each certification or authentication for taking | 23 | | the acknowledgment
of a deed or other instrument in writing | 24 | | with the seal of office, a minimum
of $6 and a maximum of | 25 | | $9. | 26 | | (2) Court appeals when original documents are |
| | | HB0216 | - 42 - | LRB097 02984 AJO 43011 b |
|
| 1 | | forwarded, under 100 pages,
plus delivery and costs, a | 2 | | minimum of $75 and a maximum of $110. | 3 | | (3) Court appeals when original documents are | 4 | | forwarded, over 100 pages,
plus delivery and costs, a | 5 | | minimum of $150 and a maximum of $185. | 6 | | (4) Court appeals when original documents are | 7 | | forwarded, over 200
pages, an additional fee of a minimum | 8 | | of 25 and a maximum of 30 cents
per
page. | 9 | | (5) For reproduction of any document contained in the | 10 | | clerk's files: | 11 | | (A) First page, $2. | 12 | | (B) Next 19 pages, 50 cents per page. | 13 | | (C) All remaining pages, 25 cents per page. | 14 | | (l) Remands. | 15 | | In any cases remanded to the Circuit Court from the | 16 | | Supreme Court
or the Appellate Court for a new trial, the | 17 | | clerk shall file the
remanding order and reinstate the case | 18 | | with either its original number or a new
number. The Clerk
| 19 | | shall not charge any new or additional fee for the | 20 | | reinstatement. Upon
reinstatement the Clerk shall advise | 21 | | the parties of the reinstatement. A
party shall have the | 22 | | same right to a jury trial on remand and reinstatement
as | 23 | | he or she had before the appeal, and no additional or new | 24 | | fee or charge
shall be made for a jury trial after remand. | 25 | | (m) Record Search. | 26 | | For each record search, within a division or municipal |
| | | HB0216 | - 43 - | LRB097 02984 AJO 43011 b |
|
| 1 | | district, the
clerk shall be entitled to a search fee of a | 2 | | minimum of $6 and a maximum
of
$9 for each year
searched. | 3 | | (n) Hard Copy. | 4 | | For each page of hard copy print output, when case | 5 | | records are
maintained on an automated medium, the clerk | 6 | | shall be entitled to a fee of
a minimum of $6 and a maximum | 7 | | of $9. | 8 | | (o) Index Inquiry and Other Records. | 9 | | No fee shall be charged for a single | 10 | | plaintiff/defendant index inquiry
or single case record | 11 | | inquiry when this request is made in person and the
records | 12 | | are maintained in a current automated medium, and when no | 13 | | hard copy
print output is requested. The fees to be charged | 14 | | for management records,
multiple case records, and | 15 | | multiple journal records may be specified by the
Chief | 16 | | Judge pursuant to the guidelines for access and | 17 | | dissemination of
information approved by the Supreme | 18 | | Court. | 19 | | (p) (Blank). | 20 | | (q) Alias Summons. | 21 | | For each alias summons or citation issued by the clerk, | 22 | | a minimum of $5
and a maximum of $6. | 23 | | (r) Other Fees. | 24 | | Any fees not covered in this Section shall be set by | 25 | | rule or
administrative order of the Circuit Court with the | 26 | | approval of the
Administrative Office of the Illinois |
| | | HB0216 | - 44 - | LRB097 02984 AJO 43011 b |
|
| 1 | | Courts. | 2 | | The clerk of the circuit court may provide additional | 3 | | services for
which there is no fee specified by statute in | 4 | | connection with the operation
of the clerk's office as may | 5 | | be requested by the public and agreed to by
the clerk and | 6 | | approved by the chief judge of the circuit court. Any
| 7 | | charges for additional services shall be as agreed to
| 8 | | between the clerk and the party making the request and | 9 | | approved by the
chief judge of the circuit court. Nothing | 10 | | in this
subsection shall be construed to require any clerk | 11 | | to provide any service
not otherwise required by law. | 12 | | (s) Jury Services. | 13 | | The clerk shall be entitled to receive, in
addition to | 14 | | other fees allowed by law, the sum of a minimum of $212.50
| 15 | | and
maximum of $230, as a
fee for the
services of a jury in | 16 | | every civil action not quasi-criminal in its
nature and not | 17 | | a proceeding for the exercise of the right of eminent
| 18 | | domain and in every other action wherein the right of trial | 19 | | by jury
is or may be given by law. The jury fee shall be | 20 | | paid by the party
demanding a jury at the time of filing | 21 | | the jury demand. If the fee is
not paid by either party, no | 22 | | jury shall be called in the action or
proceeding, and the | 23 | | same shall be tried by the court without a jury. | 24 | | (t) Voluntary Assignment. | 25 | | For filing each deed of voluntary assignment, a minimum | 26 | | of $20 and a
maximum of $40; for
recording
the same, a |
| | | HB0216 | - 45 - | LRB097 02984 AJO 43011 b |
|
| 1 | | minimum of 50˘ and a maximum of $0.80 for each 100 words.
| 2 | | Exceptions filed to claims
presented
to an assignee of a | 3 | | debtor who has made a voluntary assignment for the
benefit | 4 | | of creditors shall be considered and treated, for the | 5 | | purpose of
taxing costs therein, as actions in which the | 6 | | party or parties filing
the exceptions shall be considered | 7 | | as party or parties plaintiff, and
the claimant or | 8 | | claimants as party or parties defendant, and those
parties | 9 | | respectively shall pay to the clerk the same fees
as | 10 | | provided by this Section to be paid in other actions. | 11 | | (u) Expungement Petition. | 12 | | The clerk shall be entitled to receive a fee of a | 13 | | minimum of $60 and
a
maximum of $120 for each
expungement | 14 | | petition filed and an additional fee of a minimum of $4 and | 15 | | a
maximum of $8 for each
certified
copy of an order to | 16 | | expunge arrest records. | 17 | | (v) Probate. | 18 | | The clerk is entitled to receive the fees
specified in | 19 | | this subsection (v), which shall be paid in advance,
except | 20 | | that, for good cause shown, the court may suspend, reduce, | 21 | | or
release the costs payable under this subsection: | 22 | | (1) For administration of the estate of a decedent | 23 | | (whether testate
or intestate) or of a missing person, a | 24 | | minimum of $150 and a maximum of
$225, plus the fees
| 25 | | specified in
subsection (v)(3), except: | 26 | | (A) When the value of the real and personal |
| | | HB0216 | - 46 - | LRB097 02984 AJO 43011 b |
|
| 1 | | property does not exceed
$15,000, the fee shall be a | 2 | | minimum of $40 and a maximum of $65. | 3 | | (B) When (i) proof of heirship alone is made, (ii) | 4 | | a domestic or
foreign will is admitted to probate | 5 | | without administration (including
proof of heirship), | 6 | | or (iii) letters of office are issued for a particular
| 7 | | purpose without administration of the estate, the fee | 8 | | shall be a minimum of
$40 and a maximum of $65. | 9 | | (2) For administration of the estate of a ward, a | 10 | | minimum of $75 and
a
maximum of $110,
plus the fees | 11 | | specified in subsection (v)(3), except: | 12 | | (A) When the value of the real and personal | 13 | | property does not exceed
$15,000, the fee shall be a | 14 | | minimum of $40 and a maximum of $65. | 15 | | (B) When (i) letters of office are issued to a | 16 | | guardian of the person
or persons,
but not of the | 17 | | estate or (ii) letters of office are issued in the | 18 | | estate of
a ward without administration of the estate, | 19 | | including filing or joining in
the filing of a tax | 20 | | return or releasing a mortgage or consenting to the
| 21 | | marriage of the ward, the fee shall be a minimum of $20 | 22 | | and a maximum of
$40. | 23 | | (3) In addition to the fees payable under subsection | 24 | | (v)(1) or
(v)(2) of this Section, the following fees are | 25 | | payable: | 26 | | (A) For each account (other than one final account) |
| | | HB0216 | - 47 - | LRB097 02984 AJO 43011 b |
|
| 1 | | filed in the
estate of a decedent, or ward, a minimum | 2 | | of $25 and a maximum of $40. | 3 | | (B) For filing a claim in an estate when the amount | 4 | | claimed is $150
or more but less than $500, a minimum | 5 | | of $20 and a maximum of $40; when
the
amount claimed is | 6 | | $500 or
more but less than $10,000, a minimum of $40 | 7 | | and a maximum of $65; when
the
amount claimed is | 8 | | $10,000
or more,
a minimum of $60 and a maximum of $90; | 9 | | provided that the court in
allowing
a claim may add to | 10 | | the
amount allowed
the filing fee paid by the claimant. | 11 | | (C) For filing in an estate a claim, petition, or | 12 | | supplemental
proceeding based upon an action seeking | 13 | | equitable relief including the
construction or contest | 14 | | of a will, enforcement of a contract to make a
will, | 15 | | and proceedings involving testamentary trusts or the | 16 | | appointment of
testamentary trustees, a minimum of $60 | 17 | | and a maximum of $90. | 18 | | (D) For filing in an estate (i) the appearance of | 19 | | any person for the
purpose of consent or (ii) the | 20 | | appearance of an executor, administrator,
| 21 | | administrator to collect, guardian, guardian ad litem, | 22 | | or special
administrator, no fee. | 23 | | (E) Except as provided in subsection (v)(3)(D), | 24 | | for filing the
appearance of any person or persons, a | 25 | | minimum of $30 and a maximum of
$90. | 26 | | (F) For each jury demand, a minimum of $137.50 and |
| | | HB0216 | - 48 - | LRB097 02984 AJO 43011 b |
|
| 1 | | a maximum of
$180. | 2 | | (G) For disposition of the collection of a judgment | 3 | | or settlement of
an action or claim for wrongful death | 4 | | of a decedent or of any cause of
action of a ward, when | 5 | | there is no other administration
of the estate, a | 6 | | minimum of $50 and a maximum of $80, less any amount
| 7 | | paid
under subsection (v)(1)(B)
or (v)(2)(B) except | 8 | | that if the amount involved does not exceed
$5,000, the | 9 | | fee, including any amount paid under subsection
| 10 | | (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a | 11 | | maximum of $40. | 12 | | (H) For each certified copy of letters of office, | 13 | | of court order or
other certification, a minimum of $2 | 14 | | and a maximum of $4, plus $1 per
page
in excess
of 3 | 15 | | pages for the document certified. | 16 | | (I) For each exemplification, $2, plus the fee for | 17 | | certification. | 18 | | (4) The executor, administrator, guardian, petitioner,
| 19 | | or other interested person or his or her attorney shall pay | 20 | | the cost of
publication by the clerk directly to the | 21 | | newspaper. | 22 | | (5) The person on whose behalf a charge is incurred for | 23 | | witness,
court reporter, appraiser, or other miscellaneous | 24 | | fee shall pay the same
directly to the person entitled | 25 | | thereto. | 26 | | (6) The executor, administrator, guardian, petitioner, |
| | | HB0216 | - 49 - | LRB097 02984 AJO 43011 b |
|
| 1 | | or other
interested person or his or her attorney shall pay | 2 | | to the clerk all postage
charges incurred by the clerk in | 3 | | mailing petitions, orders, notices, or
other documents | 4 | | pursuant to the provisions of the Probate Act of 1975. | 5 | | (w) Criminal and Quasi-Criminal Costs and Fees. | 6 | | (1) The clerk shall be entitled to costs in all | 7 | | criminal
and quasi-criminal cases from each person | 8 | | convicted or sentenced to
supervision therein as follows: | 9 | | (A) Felony complaints, a minimum of $125 and a | 10 | | maximum of $190. | 11 | | (B) Misdemeanor complaints, a minimum of $75 and a | 12 | | maximum of
$110. | 13 | | (C) Business offense complaints, a minimum of $75 | 14 | | and a maximum of
$110. | 15 | | (D) Petty offense complaints, a minimum of $75 and | 16 | | a maximum of
$110. | 17 | | (E) Minor traffic or ordinance violations, $30. | 18 | | (F) When court appearance required, $50. | 19 | | (G) Motions to vacate or amend final orders, a | 20 | | minimum of $40 and
a
maximum of $80. | 21 | | (H) Motions to vacate bond forfeiture orders, a | 22 | | minimum of $30 and
a
maximum of $45. | 23 | | (I) Motions to vacate ex parte judgments, whenever | 24 | | filed, a minimum
of
$30 and a maximum of $45. | 25 | | (J) Motions to vacate judgment on forfeitures, | 26 | | whenever filed, a
minimum of $25 and a maximum of $30. |
| | | HB0216 | - 50 - | LRB097 02984 AJO 43011 b |
|
| 1 | | (K) Motions to vacate "failure to appear" or | 2 | | "failure to comply"
notices sent to the Secretary of | 3 | | State, a minimum of $40 and a maximum of
$50. | 4 | | (2) In counties having a population of 3,000,000 or | 5 | | more,
when the violation complaint is issued by a municipal
| 6 | | police department, the clerk shall be entitled to costs | 7 | | from each person
convicted therein as follows: | 8 | | (A) Minor traffic or ordinance violations, $30. | 9 | | (B) When court appearance required, $50. | 10 | | (3) In ordinance violation cases punishable by fine | 11 | | only, the clerk
of the circuit court shall be entitled to | 12 | | receive, unless the fee is
excused upon a finding by the | 13 | | court that the defendant is indigent, in
addition to other | 14 | | fees or costs allowed or imposed by law, the sum of a
| 15 | | minimum of
$112.50 and a maximum of $250
as a fee for the | 16 | | services of a jury. The jury fee shall be paid by the
| 17 | | defendant at the time of filing his or her jury demand. If | 18 | | the fee is not
so paid by the defendant, no jury shall be | 19 | | called, and the case shall be
tried by the court without a | 20 | | jury. | 21 | | (4) The clerk of the circuit clerk, if authorized by an | 22 | | ordinance of the county board, may collect a fee of up to | 23 | | $10 for court interpreter services, in addition to other | 24 | | fees or costs allowed or imposed by law, in all criminal | 25 | | and quasi-criminal cases from each person convicted or | 26 | | sentenced to supervision in a case arising from a felony, |
| | | HB0216 | - 51 - | LRB097 02984 AJO 43011 b |
|
| 1 | | misdemeanor, business offense, or petty offense complaint | 2 | | or arising from a minor traffic or ordinance violation. | 3 | | This fee shall be deposited into a separate Court | 4 | | Interpreter Services Fund, of which the chief judge or his | 5 | | or her designee shall be the custodian, to be used to | 6 | | maintain court interpreter services. If this fee for court | 7 | | interpreter services is collected, 10% shall be deposited | 8 | | into the Circuit Court Clerk Operation and Administrative | 9 | | Fund created by the clerk of the circuit court. | 10 | | (x) Transcripts of Judgment. | 11 | | For the filing of a transcript of judgment, the clerk | 12 | | shall be entitled
to the same fee as if it were the | 13 | | commencement of a new suit. | 14 | | (y) Change of Venue. | 15 | | (1) For the filing of a change of case on a change of | 16 | | venue, the clerk
shall be entitled to the same fee as if it | 17 | | were the commencement of a new suit. | 18 | | (2) The fee for the preparation and certification of a | 19 | | record on a
change of venue to another jurisdiction, when | 20 | | original documents are
forwarded, a minimum of $40 and a | 21 | | maximum of $65. | 22 | | (z) Tax objection complaints. | 23 | | For each tax objection complaint containing one or more | 24 | | tax
objections, regardless of the number of parcels | 25 | | involved or the number of
taxpayers joining in the | 26 | | complaint, a minimum of $50 and a maximum of
$100. |
| | | HB0216 | - 52 - | LRB097 02984 AJO 43011 b |
|
| 1 | | (aa) Tax Deeds. | 2 | | (1) Petition for tax deed, if only one parcel is | 3 | | involved, a minimum
of
$250 and a maximum of $400. | 4 | | (2) For each additional parcel, add a fee of a minimum | 5 | | of $100 and a
maximum of $200. | 6 | | (bb) Collections. | 7 | | (1) For all collections made of others, except the | 8 | | State and county
and except in maintenance or child support | 9 | | cases, a sum equal to 3.0% of
the amount collected and | 10 | | turned over. | 11 | | (2) Interest earned on any funds held by the clerk | 12 | | shall be turned
over to the county general fund as an | 13 | | earning of the office. | 14 | | (3) For any check, draft, or other bank instrument | 15 | | returned to the
clerk for non-sufficient funds, account | 16 | | closed, or payment stopped, $25. | 17 | | (4) In child support and maintenance cases, the clerk, | 18 | | if authorized by an
ordinance of the county board, may | 19 | | collect an annual fee of up to $36 from
the person making | 20 | | payment for maintaining child support records and the
| 21 | | processing of support orders to the State of Illinois KIDS | 22 | | system and the
recording of payments issued by the State | 23 | | Disbursement Unit for the official
record of the Court. | 24 | | This fee shall be in addition
to and separate from amounts | 25 | | ordered to be paid as maintenance or child
support and | 26 | | shall be deposited into a Separate Maintenance and Child |
| | | HB0216 | - 53 - | LRB097 02984 AJO 43011 b |
|
| 1 | | Support
Collection Fund, of which the clerk shall be the | 2 | | custodian, ex-officio, to
be used by the clerk to maintain | 3 | | child support orders and record all payments
issued by the | 4 | | State Disbursement Unit for the official record of the | 5 | | Court.
The clerk may recover from the person making the | 6 | | maintenance or child
support payment any additional cost | 7 | | incurred in the collection of this annual
fee. | 8 | | The clerk shall also be entitled to a fee of $5 for | 9 | | certifications made
to the Secretary of State as provided | 10 | | in Section 7-703 of the Family
Financial Responsibility Law | 11 | | and these fees shall also be deposited into the
Separate | 12 | | Maintenance and Child Support Collection Fund. | 13 | | (cc) Corrections of Numbers. | 14 | | For correction of the case number, case title, or | 15 | | attorney computer
identification number, if required by | 16 | | rule of court, on any document filed
in the clerk's office, | 17 | | to be charged against the party that filed the document,
a | 18 | | minimum of $25 and a maximum of $40. | 19 | | (dd) Exceptions. | 20 | | (1) The fee requirements of this Section shall not | 21 | | apply to police
departments or other law enforcement | 22 | | agencies. In this Section, "law
enforcement agency" means | 23 | | an agency of the State or a unit of local
government which | 24 | | is vested by law or ordinance with the duty to maintain
| 25 | | public order and to enforce criminal laws or ordinances. | 26 | | "Law enforcement
agency" also means the Attorney General or |
| | | HB0216 | - 54 - | LRB097 02984 AJO 43011 b |
|
| 1 | | any state's attorney. | 2 | | (2) No fee provided herein shall be charged to any unit | 3 | | of
local government or school district.
The fee | 4 | | requirements of this Section shall not apply to any action | 5 | | instituted
under subsection (b) of Section 11-31-1 of the | 6 | | Illinois Municipal Code by a
private owner or tenant of | 7 | | real property within 1200 feet of a dangerous or
unsafe | 8 | | building seeking an order compelling the owner or owners of | 9 | | the building
to take any of the actions authorized under | 10 | | that subsection. | 11 | | (3) The fee requirements of this Section shall not | 12 | | apply to the filing
of any
commitment petition or petition | 13 | | for an order authorizing the administration of | 14 | | psychotropic medication or electroconvulsive therapy
under | 15 | | the Mental Health and
Developmental Disabilities Code. | 16 | | (ee) Adoption. | 17 | | (1) For an adoption ...............................$65 | 18 | | (2) Upon good cause shown, the court may waive the | 19 | | adoption filing fee
in a special needs adoption. The term | 20 | | "special needs adoption" shall have
the meaning ascribed to | 21 | | it by the Illinois Department of Children and Family
| 22 | | Services. | 23 | | (ff) Adoption exemptions. | 24 | | No fee other than that set forth in subsection (ee) | 25 | | shall be charged to
any person in connection with an | 26 | | adoption proceeding
nor may any fee be
charged for |
| | | HB0216 | - 55 - | LRB097 02984 AJO 43011 b |
|
| 1 | | proceedings for
the appointment of a confidential | 2 | | intermediary under the Adoption Act. | 3 | | (gg) Unpaid fees.
| 4 | | Unless a court ordered payment schedule is implemented | 5 | | or the fee
requirements of this Section are waived pursuant | 6 | | to court order, the clerk of
the court may add to any | 7 | | unpaid fees and costs under this Section a delinquency
| 8 | | amount equal to 5% of the unpaid fees that remain unpaid | 9 | | after 30 days, 10% of
the unpaid fees that remain unpaid | 10 | | after 60 days, and 15% of the unpaid fees
that remain | 11 | | unpaid after 90 days. Notice to those parties may be made | 12 | | by
signage posting or publication. The additional | 13 | | delinquency amounts collected under this Section shall
be | 14 | | used to defray additional administrative costs incurred by | 15 | | the clerk of the
circuit court in collecting unpaid fees | 16 | | and costs.
| 17 | | (Source: P.A. 95-172, eff. 8-14-07.)
| 18 | | Section 99. Effective date. This Act takes effect June 1, | 19 | | 2011.
|
|