Public Act 095-0172
 
HB3455 Enrolled LRB095 07220 DRJ 27355 b

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