97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4032

 

Introduced , by Rep. Michael J. Zalewski and Elaine Nekritz

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 105/16  from Ch. 25, par. 16
725 ILCS 5/108-10  from Ch. 38, par. 108-10

    Amends the Clerks of Courts Act and the Code of Criminal Procedure of 1963. Provides that a return of all instruments, articles, or things seized pursuant to a search warrant shall be made no more than 8 business days after the execution of the warrant before the judge issuing the warrant or before any judge named in the warrant or before any court of competent jurisdiction. Provides that any and all records in possession of the clerk of the court obtained pursuant to this provision shall be deemed public records, and shall at all times be open to inspection without fee or reward, and all persons shall have free access for inspection and examination to such records. Effective immediately.


LRB097 15490 RLC 60604 b

 

 

A BILL FOR

 

HB4032LRB097 15490 RLC 60604 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Clerks of Courts Act is amended by changing
5Section 16 as follows:
 
6    (705 ILCS 105/16)  (from Ch. 25, par. 16)
7    Sec. 16. Records kept by the clerks of the circuit courts
8are subject to the provisions of "The Local Records Act",
9approved August 18, 1961, as amended.
10    Unless otherwise provided by rule or administrative order
11of the Supreme Court, the respective clerks of the circuit
12courts shall keep in their offices the following books:
13    1. A general docket, upon which shall be entered all suits,
14in the order in which they are commenced.
15    2. Two well-bound books, to be denominated "Plaintiff's
16Index to Court Records," and "Defendant's Index to Court
17Records" to be ruled and printed substantially in the following
18manner:
19........
20PlaintiffsDefendantsKind ofDateRecordPages
21ActionCommencedBook
22........
23........

 

 

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1........
2Date ofJudgment
3judgmentdocket
4........
5Book Page
6........
7CertificateSatisfied
8CertificateCertificateofor notNumber
9of levyof saleredemptionsatisfied of case
10........
11Fee BookBook PageBook PageBook Page
12........
13    All cases shall be entered in such books, in alphabetical
14order, by the name of each plaintiff and defendant. The books
15shall set forth the names of the parties, kind of action, date
16commenced, the record books and pages on which the cases are
17recorded, the date of judgment, books and pages of the judgment
18dockets, fee book, certificates of levy, sale and redemption
19records on which they are entered satisfied or not satisfied,
20and number of case. The defendant's index shall be ruled and
21printed in the same manner as the plaintiff's except the
22parties shall be reversed.
23    3. Proper books of record, with indices, showing the names
24of all parties to any action or judgment therein recorded, with
25a reference to the page where it is recorded.
26    4. A judgment docket, in which all final judgments (except

 

 

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1child support orders as hereinafter provided) shall be minuted
2at the time they are entered, or within 60 days thereafter in
3alphabetical order, by the name of every person against whom
4the judgment is entered, showing, in the proper columns ruled
5for that purpose, the names of the parties, the date, nature of
6the judgment, amount of the judgment and costs in separate
7items, for which it is issued, to whom issued, when returned,
8and the manner of its enforcement; a blank column shall be kept
9in which may be entered a note of the satisfaction or other
10disposition of the judgment or order and when satisfied by
11enforcement or otherwise, or set aside or enjoined; the clerk
12shall enter a minute thereof in such column, showing how
13disposed of, the date and the book and page, where the evidence
14thereof is to be found. In the case of child support orders or
15modifications of such orders entered on or after May 1, 1987,
16the clerk shall minute such orders or modifications in the
17manner and form provided herein but shall not minute every
18child support installment when due or every child support
19payment when made. Such dockets may be searched by persons, at
20all reasonable times without fee.
21    5. A fee book, in which shall be distinctly set down, in
22items, the proper title of the cause and heads, the cost of
23each action, including clerk's, sheriff's and witness' fees,
24stating the name of each witness having claimed attendance in
25respect of the trial or hearing of such action with the number
26of days attended. It shall not be necessary to insert the cost

 

 

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1in the judgment; but whenever an action is determined and final
2judgment entered, the costs of each party litigant shall be
3made up and entered in such fee book, which shall be considered
4a part of the record and judgment, subject, however, at all
5times to be corrected by the court; and the prevailing party
6shall be considered as having recovered judgment for the amount
7of the costs so taxed in his or her favor, and the same shall be
8included in the certified copy of such judgment, and a bill
9thereof accompanying certified copy of the judgment. If any
10clerk shall issue a fee bill or a bill of costs, with the
11certified copy of the judgment without first entering the same
12in the fee book, or if any such bill of costs or fee bill shall
13be issued which shall not be in substance a copy of the
14recorded bill, the same shall be void. Any person having paid
15such bill of costs or fee bill, may recover from the clerk the
16amount thereof, with costs of the action, in any circuit court.
17    6. Such other books of record and entry as are provided by
18law, or may be required in the proper performance of their
19duties. All records, dockets and books required by law to be
20kept by such clerks, including any and all records in
21possession of such clerks obtained pursuant to Section 108-10
22of the Code of Criminal Procedure of 1963, shall be deemed
23public records, and shall at all times be open to inspection
24without fee or reward, and all persons shall have free access
25for inspection and examination to such records, docket and
26books, and also to all papers on file in the different clerks'

 

 

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1offices and shall have the right to take memoranda and
2abstracts thereto.
3(Source: P.A. 85-1156.)
 
4    Section 10. The Code of Criminal Procedure of 1963 is
5amended by changing Section 108-10 as follows:
 
6    (725 ILCS 5/108-10)  (from Ch. 38, par. 108-10)
7    Sec. 108-10. Return to court of things seized.
8    A return of all instruments, articles or things seized
9shall be made without unnecessary delay, but not more than 8
10business days after the execution of the warrant, before the
11judge issuing the warrant or before any judge named in the
12warrant or before any court of competent jurisdiction. An
13inventory of any instruments, articles or things seized shall
14be filed with the return and signed under oath by the officer
15or person executing the warrant. The judge shall upon request
16deliver a copy of the inventory to the person from whom or from
17whose premises the instruments, articles or things were taken
18and to the applicant for the warrant.
19(Source: Laws 1963, p. 2836.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.