Public Act 100-0173
 
HB3359 EnrolledLRB100 08856 HEP 18999 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by changing
Sections 4-5001, 4-12001, and 4-12001.1 as follows:
 
    (55 ILCS 5/4-5001)  (from Ch. 34, par. 4-5001)
    Sec. 4-5001. Sheriffs; counties of first and second class.
The fees of sheriffs in counties of the first and second class,
except when increased by county ordinance under this Section,
shall be as follows:
    For serving or attempting to serve summons on each
defendant in each county, $10.
    For serving or attempting to serve an order or judgment
granting injunctional relief in each county, $10.
    For serving or attempting to serve each garnishee in each
county, $10.
    For serving or attempting to serve an order for replevin in
each county, $10.
    For serving or attempting to serve an order for attachment
on each defendant in each county, $10.
    For serving or attempting to serve a warrant of arrest, $8,
to be paid upon conviction.
    For returning a defendant from outside the State of
Illinois, upon conviction, the court shall assess, as court
costs, the cost of returning a defendant to the jurisdiction.
    For taking special bail, $1 in each county.
    For serving or attempting to serve a subpoena on each
witness, in each county, $10.
    For advertising property for sale, $5.
    For returning each process, in each county, $5.
    Mileage for each mile of necessary travel to serve any such
process as Stated above, calculating from the place of holding
court to the place of residence of the defendant, or witness,
50 each way.
    For summoning each juror, $3 with 30 mileage each way in
all counties.
    For serving or attempting to serve notice of judgments or
levying to enforce a judgment, $3 with 50 mileage each way in
all counties.
    For taking possession of and removing property levied on,
the officer shall be allowed to tax the actual cost of such
possession or removal.
    For feeding each prisoner, such compensation to cover the
actual cost as may be fixed by the county board, but such
compensation shall not be considered a part of the fees of the
office.
    For attending before a court with prisoner, on an order for
habeas corpus, in each county, $10 per day.
    For attending before a court with a prisoner in any
criminal proceeding, in each county, $10 per day.
    For each mile of necessary travel in taking such prisoner
before the court as Stated above, 15 a mile each way.
    For serving or attempting to serve an order or judgment for
the possession of real estate in an action of ejectment or in
any other action, or for restitution in an eviction action of
forcible entry and detainer without aid, $10 and when aid is
necessary, the sheriff shall be allowed to tax in addition the
actual costs thereof, and for each mile of necessary travel,
50 each way.
    For executing and acknowledging a deed of sale of real
estate, in counties of first class, $4; second class, $4.
    For preparing, executing and acknowledging a deed on
redemption from a court sale of real estate in counties of
first class, $5; second class, $5.
    For making certificates of sale, and making and filing
duplicate, in counties of first class, $3; in counties of the
second class, $3.
    For making certificate of redemption, $3.
    For certificate of levy and filing, $3, and the fee for
recording shall be advanced by the judgment creditor and
charged as costs.
    For taking all bonds on legal process, civil and criminal,
in counties of first class, $1; in second class, $1.
    For executing copies in criminal cases, $4 and mileage for
each mile of necessary travel, 20 each way.
    For executing requisitions from other States, $5.
    For conveying each prisoner from the prisoner's own county
to the jail of another county, or from another county to the
jail of the prisoner's county, per mile, for going, only, 30.
    For conveying persons to the penitentiary, reformatories,
Illinois State Training School for Boys, Illinois State
Training School for Girls and Reception Centers, the following
fees, payable out of the State Treasury. For each person who is
conveyed, 35 per mile in going only to the penitentiary,
reformatory, Illinois State Training School for Boys, Illinois
State Training School for Girls and Reception Centers, from the
place of conviction.
    The fees provided for transporting persons to the
penitentiary, reformatories, Illinois State Training School
for Boys, Illinois State Training School for Girls and
Reception Centers shall be paid for each trip so made. Mileage
as used in this Section means the shortest practical route,
between the place from which the person is to be transported,
to the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls and
Reception Centers and all fees per mile shall be computed on
such basis.
    For conveying any person to or from any of the charitable
institutions of the State, when properly committed by competent
authority, when one person is conveyed, 35 per mile; when two
persons are conveyed at the same time, 35 per mile for the
first person and 20 per mile for the second person; and 10
per mile for each additional person.
    For conveying a person from the penitentiary to the county
jail when required by law, 35 per mile.
    For attending Supreme Court, $10 per day.
    In addition to the above fees there shall be allowed to the
sheriff a fee of $600 for the sale of real estate which is made
by virtue of any judgment of a court, except that in the case
of a sale of unimproved real estate which sells for $10,000 or
less, the fee shall be $150. In addition to this fee and all
other fees provided by this Section, there shall be allowed to
the sheriff a fee in accordance with the following schedule for
the sale of personal estate which is made by virtue of any
judgment of a court:
    For judgments up to $1,000, $75;
    For judgments from $1,001 to $15,000, $150;
    For judgments over $15,000, $300.
    The foregoing fees allowed by this Section are the maximum
fees that may be collected from any officer, agency, department
or other instrumentality of the State. The county board may,
however, by ordinance, increase the fees allowed by this
Section and collect those increased fees from all persons and
entities other than officers, agencies, departments and other
instrumentalities of the State if the increase is justified by
an acceptable cost study showing that the fees allowed by this
Section are not sufficient to cover the costs of providing the
service. A statement of the costs of providing each service,
program and activity shall be prepared by the county board. All
supporting documents shall be public records and subject to
public examination and audit. All direct and indirect costs, as
defined in the United States Office of Management and Budget
Circular A-87, may be included in the determination of the
costs of each service, program and activity.
    In all cases where the judgment is settled by the parties,
replevied, stopped by injunction or paid, or where the property
levied upon is not actually sold, the sheriff shall be allowed
his fee for levying and mileage, together with half the fee for
all money collected by him which he would be entitled to if the
same was made by sale to enforce the judgment. In no case shall
the fee exceed the amount of money arising from the sale.
    The fee requirements of this Section do not apply to police
departments or other law enforcement agencies. For the purposes
of this Section, "law enforcement agency" means an agency of
the State or unit of local government which is vested by law or
ordinance with the duty to maintain public order and to enforce
criminal laws.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (55 ILCS 5/4-12001)  (from Ch. 34, par. 4-12001)
    Sec. 4-12001. Fees of sheriff in third class counties. The
officers herein named, in counties of the third class, shall be
entitled to receive the fees herein specified, for the services
mentioned and such other fees as may be provided by law for
such other services not herein designated.
Fees for Sheriff
    For serving or attempting to serve any summons on each
defendant, $35.
    For serving or attempting to serve each alias summons or
other process mileage will be charged as hereinafter provided
when the address for service differs from the address for
service on the original summons or other process.
    For serving or attempting to serve all other process, on
each defendant, $35.
    For serving or attempting to serve a subpoena on each
witness, $35.
    For serving or attempting to serve each warrant, $35.
    For serving or attempting to serve each garnishee, $35.
    For summoning each juror, $10.
    For serving or attempting to serve each order or judgment
for replevin, $35.
    For serving or attempting to serve an order for attachment,
on each defendant, $35.
    For serving or attempting to serve an order or judgment for
the possession of real estate in an action of ejectment or in
any other action, or for restitution in an eviction action of
forcible entry and detainer, without aid, $35, and when aid is
necessary, the sheriff shall be allowed to tax in addition the
actual costs thereof.
    For serving or attempting to serve notice of judgment, $35.
    For levying to satisfy an order in an action for
attachment, $25.
    For executing order of court to seize personal property,
$25.
    For making certificate of levy on real estate and filing or
recording same, $8, and the fee for filing or recording shall
be advanced by the plaintiff in attachment or by the judgment
creditor and taxed as costs. For taking possession of or
removing property levied on, the sheriff shall be allowed to
tax the necessary actual costs of such possession or removal.
    For advertising property for sale, $20.
    For making certificate of sale and making and filing
duplicate for record, $15, and the fee for recording same shall
be advanced by the judgment creditor and taxed as costs.
    For preparing, executing and acknowledging deed on
redemption from a court sale of real estate, $15; for
preparing, executing and acknowledging all other deeds on sale
of real estate, $10.
    For making and filing certificate of redemption, $15, and
the fee for recording same shall be advanced by party making
the redemption and taxed as costs.
    For making and filing certificate of redemption from a
court sale, $11, and the fee for recording same shall be
advanced by the party making the redemption and taxed as costs.
    For taking all bonds on legal process, $10.
    For taking special bail, $5.
    For returning each process, $15.
    Mileage for service or attempted service of all process is
a $10 flat fee.
    For attending before a court with a prisoner on an order
for habeas corpus, $9 per day.
    For executing requisitions from other States, $13.
    For conveying each prisoner from the prisoner's county to
the jail of another county, per mile for going only, 25.
    For committing to or discharging each prisoner from jail,
$3.
    For feeding each prisoner, such compensation to cover
actual costs as may be fixed by the county board, but such
compensation shall not be considered a part of the fees of the
office.
    For committing each prisoner to jail under the laws of the
United States, to be paid by the marshal or other person
requiring his confinement, $3.
    For feeding such prisoners per day, $3, to be paid by the
marshal or other person requiring the prisoner's confinement.
    For discharging such prisoners, $3.
    For conveying persons to the penitentiary, reformatories,
Illinois State Training School for Boys, Illinois State
Training School for Girls, Reception Centers and Illinois
Security Hospital, the following fees, payable out of the State
Treasury. When one person is conveyed, 20 per mile in going to
the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital from the place
of conviction; when 2 persons are conveyed at the same time,
20 per mile for the first and 15 per mile for the second
person; when more than 2 persons are conveyed at the same time
as Stated above, the sheriff shall be allowed 20 per mile for
the first, 15 per mile for the second and 10 per mile for
each additional person.
    The fees provided for herein for transporting persons to
the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital, shall be paid
for each trip so made. Mileage as used in this Section means
the shortest route on a hard surfaced road, (either State Bond
Issue Route or Federal highways) or railroad, whichever is
shorter, between the place from which the person is to be
transported, to the penitentiary, reformatories, Illinois
State Training School for Boys, Illinois State Training School
for Girls, Reception Centers and Illinois Security Hospital,
and all fees per mile shall be computed on such basis.
    In addition to the above fees, there shall be allowed to
the sheriff a fee of $900 for the sale of real estate which
shall be made by virtue of any judgment of a court. In addition
to this fee and all other fees provided by this Section, there
shall be allowed to the sheriff a fee in accordance with the
following schedule for the sale of personal estate which is
made by virtue of any judgment of a court:
    For judgments up to $1,000, $100;
    For judgments over $1,000 to $15,000, $300;
    For judgments over $15,000, $500.
    In all cases where the judgment is settled by the parties,
replevied, stopped by injunction or paid, or where the property
levied upon is not actually sold, the sheriff shall be allowed
the fee for levying and mileage, together with half the fee for
all money collected by him or her which he or she would be
entitled to if the same were made by sale in the enforcement of
a judgment. In no case shall the fee exceed the amount of money
arising from the sale.
    The fee requirements of this Section do not apply to police
departments or other law enforcement agencies. For the purposes
of this Section, "law enforcement agency" means an agency of
the State or 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.
    The fee requirements of this Section do not apply to units
of local government or school districts.
(Source: P.A. 94-1104, eff. 6-1-07.)
 
    (55 ILCS 5/4-12001.1)  (from Ch. 34, par. 4-12001.1)
    Sec. 4-12001.1. Fees of sheriff in third class counties;
local governments and school districts. The officers herein
named, in counties of the third class, shall be entitled to
receive the fees herein specified from all units of local
government and school districts, for the services mentioned and
such other fees as may be provided by law for such other
services not herein designated.
Fees for Sheriff
    For serving or attempting to serve any summons on each
defendant, $25.
    For serving or attempting to serve each alias summons or
other process mileage will be charged as hereinafter provided
when the address for service differs from the address for
service on the original summons or other process.
    For serving or attempting to serve all other process, on
each defendant, $25.
    For serving or attempting to serve a subpoena on each
witness, $25.
    For serving or attempting to serve each warrant, $25.
    For serving or attempting to serve each garnishee, $25.
    For summoning each juror, $4.
    For serving or attempting to serve each order or judgment
for replevin, $25.
    For serving or attempting to serve an order for attachment,
on each defendant, $25.
    For serving or attempting to serve an order or judgment for
the possession of real estate in an action of ejectment or in
any other action, or for restitution in an eviction action of
forcible entry and detainer, without aid, $9, and when aid is
necessary, the sheriff shall be allowed to tax in addition the
actual costs thereof.
    For serving or attempting to serve notice of judgment, $25.
    For levying to satisfy an order in an action for
attachment, $25.
    For executing order of court to seize personal property,
$25.
    For making certificate of levy on real estate and filing or
recording same, $3, and the fee for filing or recording shall
be advanced by the plaintiff in attachment or by the judgment
creditor and taxed as costs. For taking possession of or
removing property levied on, the sheriff shall be allowed to
tax the necessary actual costs of such possession or removal.
    For advertising property for sale, $3.
    For making certificate of sale and making and filing
duplicate for record, $3, and the fee for recording same shall
be advanced by the judgment creditor and taxed as costs.
    For preparing, executing and acknowledging deed on
redemption from a court sale of real estate, $6; for preparing,
executing and acknowledging all other deeds on sale of real
estate, $4.
    For making and filing certificate of redemption, $3.50, and
the fee for recording same shall be advanced by party making
the redemption and taxed as costs.
    For making and filing certificate of redemption from a
court sale, $4.50, and the fee for recording same shall be
advanced by the party making the redemption and taxed as costs.
    For taking all bonds on legal process, $2.
    For taking special bail, $2.
    For returning each process, $5.
    Mileage for service or attempted service of all process is
a $10 flat fee.
    For attending before a court with a prisoner on an order
for habeas corpus, $3.50 per day.
    For executing requisitions from other States, $5.
    For conveying each prisoner from the prisoner's county to
the jail of another county, per mile for going only, 25.
    For committing to or discharging each prisoner from jail,
$1.
    For feeding each prisoner, such compensation to cover
actual costs as may be fixed by the county board, but such
compensation shall not be considered a part of the fees of the
office.
    For committing each prisoner to jail under the laws of the
United States, to be paid by the marshal or other person
requiring his confinement, $1.
    For feeding such prisoners per day, $1, to be paid by the
marshal or other person requiring the prisoner's confinement.
    For discharging such prisoners, $1.
    For conveying persons to the penitentiary, reformatories,
Illinois State Training School for Boys, Illinois State
Training School for Girls, Reception Centers and Illinois
Security Hospital, the following fees, payable out of the State
Treasury. When one person is conveyed, 15 per mile in going to
the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital from the place
of conviction; when 2 persons are conveyed at the same time,
15 per mile for the first and 10 per mile for the second
person; when more than 2 persons are conveyed at the same time
as stated above, the sheriff shall be allowed 15 per mile for
the first, 10 per mile for the second and 5 per mile for each
additional person.
    The fees provided for herein for transporting persons to
the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital, shall be paid
for each trip so made. Mileage as used in this Section means
the shortest route on a hard surfaced road, (either State Bond
Issue Route or Federal highways) or railroad, whichever is
shorter, between the place from which the person is to be
transported, to the penitentiary, reformatories, Illinois
State Training School for Boys, Illinois State Training School
for Girls, Reception Centers and Illinois Security Hospital,
and all fees per mile shall be computed on such basis.
    In addition to the above fees, there shall be allowed to
the sheriff a fee of $600 for the sale of real estate which
shall be made by virtue of any judgment of a court. In addition
to this fee and all other fees provided by this Section, there
shall be allowed to the sheriff a fee in accordance with the
following schedule for the sale of personal estate which is
made by virtue of any judgment of a court:
    For judgments up to $1,000, $90;
    For judgments over $1,000 to $15,000, $275;
    For judgments over $15,000, $400.
    In all cases where the judgment is settled by the parties,
replevied, stopped by injunction or paid, or where the property
levied upon is not actually sold, the sheriff shall be allowed
the fee for levying and mileage, together with half the fee for
all money collected by him or her which he or she would be
entitled to if the same were made by sale in the enforcement of
a judgment. In no case shall the fee exceed the amount of money
arising from the sale.
     All fees collected under Sections 4-12001 and 4-12001.1
must be used for public safety purposes only.
(Source: P.A. 97-333, eff. 8-12-11.)
 
    Section 10. The Illinois Municipal Code is amended by
changing Sections 1-2-11, 11-31-2.2, and 11-31.1-8 as follows:
 
    (65 ILCS 5/1-2-11)  (from Ch. 24, par. 1-2-11)
    Sec. 1-2-11. (a) A sheriff may serve any process or make
any arrest in a municipality or a part of a municipality
located in the county in which the sheriff was elected that any
officer of that municipality is authorized to make under this
Code or any ordinance passed under this Code.
    (b) Police officers may serve summons for violations of
ordinances occurring within their municipalities. In
municipalities with a population of 1,000,000 or more, active
duty or retired police officers may serve summons for
violations of ordinances occurring within their
municipalities.
    (c) In addition to the powers stated in Section 8.1a of the
Housing Authorities Act, in counties with a population of
3,000,000 or more inhabitants, members of a housing authority
police force may serve process for eviction forcible entry and
detainer actions commenced by that housing authority and may
execute eviction orders of possession for that housing
authority.
(Source: P.A. 98-503, eff. 8-16-13.)
 
    (65 ILCS 5/11-31-2.2)  (from Ch. 24, par. 11-31-2.2)
    Sec. 11-31-2.2. If a receiver is appointed pursuant to
Section 11-31-2 of this Code, the receiver may file in the
appointing Court an eviction a forcible entry and detainer
action as provided in Article IX of the Code of Civil
Procedure. Filing fees and court costs shall be waived for a
receiver filing under this Section.
(Source: P.A. 85-634.)
 
    (65 ILCS 5/11-31.1-8)  (from Ch. 24, par. 11-31.1-8)
    Sec. 11-31.1-8. Eviction - Rights of the occupants. No
action for eviction, abatement of a nuisance, forcible entry
and detainer or other similar proceeding shall be threatened or
instituted against an occupant of a dwelling solely because
such occupant agrees to testify or testifies at a code
violation hearing.
(Source: Laws 1967, p. 1905.)
 
    Section 15. The Illinois Service Member Civil Relief Act is
amended by changing Section 35 as follows:
 
    (330 ILCS 63/35)
    Sec. 35. Eviction action; Action for possession of
residential premises of a tenant. A residential eviction An
action for possession of residential premises of a tenant,
including eviction of a tenant who is a resident of a mobile
home park, who is a service member that has entered military
service, or of any member of the tenant's family who resides
with the tenant, shall be subject to Section 9-107.10 of the
Code of Civil Procedure.
(Source: P.A. 97-913, eff. 1-1-13.)
 
    Section 20. The Environmental Protection Act is amended by
changing Section 44.1 as follows:
 
    (415 ILCS 5/44.1)  (from Ch. 111 1/2, par. 1044.1)
    Sec. 44.1. (a) In addition to all other civil and criminal
penalties provided by law, any person convicted of a criminal
violation of this Act or the regulations adopted thereunder
shall forfeit to the State (1) an amount equal to the value of
all profits earned, savings realized, and benefits incurred as
a direct or indirect result of such violation, and (2) any
vehicle or conveyance used in the perpetration of such
violation, except as provided in subsection (b).
    (b) Forfeiture of conveyances shall be subject to the
following exceptions:
    (1) No conveyance used by any person as a common carrier in
the transaction of business as a common carrier is subject to
forfeiture under this Section unless it is proven that the
owner or other person in charge of the conveyance consented to
or was privy to the covered violation.
    (2) No conveyance is subject to forfeiture under this
Section by reason of any covered violation which the owner
proves to have been committed without his knowledge or consent.
    (3) A forfeiture of a conveyance encumbered by a bona fide
security interest is subject to the interest of the secured
party if he neither had knowledge of nor consented to the
covered violation.
    (c) Except as provided in subsection (d), all property
subject to forfeiture under this Section shall be seized
pursuant to the order of a circuit court.
    (d) Property subject to forfeiture under this Section may
be seized by the Director or any peace officer without process:
    (1) if the seizure is incident to an inspection under an
administrative inspection warrant, or incident to the
execution of a criminal search or arrest warrant;
    (2) if the property subject to seizure has been the subject
of a prior judgment in favor of the State in a criminal
proceeding, or in an injunction or forfeiture proceeding based
upon this Act; or
    (3) if there is probable cause to believe that the property
is directly or indirectly dangerous to health or safety.
    (e) Property taken or detained under this Section shall not
be subject to eviction forcible entry and detainer or replevin,
but is deemed to be in the custody of the Director subject only
to the order and judgments of the circuit court having
jurisdiction over the forfeiture proceedings. When property is
seized under this Act, the Director may:
    (1) place the property under seal;
    (2) secure the property or remove the property to a place
designated by him; or
    (3) require the sheriff of the county in which the seizure
occurs to take custody of the property and secure or remove it
to an appropriate location for disposition in accordance with
law.
    (f) All amounts forfeited under item (1) of subsection (a)
shall be apportioned in the following manner:
    (1) 40% shall be deposited in the Hazardous Waste Fund
created in Section 22.2;
    (2) 30% shall be paid to the office of the Attorney General
or the State's Attorney of the county in which the violation
occurred, whichever brought and prosecuted the action; and
    (3) 30% shall be paid to the law enforcement agency which
investigated the violation.
    Any funds received under this subsection (f) shall be used
solely for the enforcement of the environmental protection laws
of this State.
    (g) When property is forfeited under this Section the court
may order:
    (1) that the property shall be made available for the
official use of the Agency, the Office of the Attorney General,
the State's Attorney of the county in which the violation
occurred, or the law enforcement agency which investigated the
violation, to be used solely for the enforcement of the
environmental protection laws of this State;
    (2) the sheriff of the county in which the forfeiture
occurs to take custody of the property and remove it for
disposition in accordance with law; or
    (3) the sheriff of the county in which the forfeiture
occurs to sell that which is not required to be destroyed by
law and which is not harmful to the public. The proceeds of
such sale shall be used for payment of all proper expenses of
the proceedings for forfeiture and sale, including expenses of
seizure, maintenance of custody, advertising and court costs,
and the balance, if any, shall be apportioned pursuant to
subsection (f).
(Source: P.A. 85-487.)
 
    Section 25. 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.
        With the following exceptions, the fee for filing a
    complaint, petition, or other pleading initiating a civil
    action shall be a minimum of $40 and shall be a maximum of
    $160 through December 31, 2021 and a maximum of $154 on and
    after January 1, 2022.
            (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 2015, $40.
(b) Eviction Forcible Entry and Detainer.
        In each eviction forcible entry and detainer case when
    the plaintiff seeks eviction possession only or unites with
    his or her claim for eviction 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 eviction 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 an eviction a forcible
        entry and detainer case seeks eviction 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 eviction 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 eviction 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).
(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 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. 99-85, eff. 1-1-16; 99-859, eff. 8-19-16.)
 
    (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.
        With the following exceptions, the fee for filing a
    complaint, petition, or other pleading initiating a civil
    action shall be a minimum of $150 and shall be a maximum of
    $190 through December 31, 2021 and a maximum of $184 on and
    after January 1, 2022.
            (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) Eviction Forcible Entry and Detainer.
        In each eviction forcible entry and detainer case when
    the plaintiff seeks eviction possession only or unites with
    his or her claim for eviction 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 eviction 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 an eviction a forcible
        entry and detainer case seeks eviction 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 eviction 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 eviction 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 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. 99-859, eff. 8-19-16.)
 
    (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.
        With the following exceptions, the fee for filing a
    complaint, petition, or other pleading initiating a civil
    action shall be a minimum of $190 and shall be a maximum of
    $240 through December 31, 2021 and a maximum of $234 on and
    after January 1, 2022.
            (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) Eviction Forcible Entry and Detainer.
        In each eviction forcible entry and detainer case when
    the plaintiff seeks eviction possession only or unites with
    his or her claim for eviction 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 eviction 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 an eviction 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 eviction 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 eviction 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 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. 99-859, eff. 8-19-16.)
 
    Section 30. The Code of Civil Procedure is amended by
changing the heading of Article IX and by changing Sections
2-202, 2-1501, 8-1208, 9-104.1, 9-104.2, 9-107, 9-107.5,
9-107.10, 9-109.5, 9-109.7, 9-111, 9-111.1, 9-117, 9-118,
9-119, 9-120, 9-121, 9-207, 9-208, 9-209, 12-903, 15-1504.5,
15-1508, 15-1701, and 19-129 and by adding Section 9-109.6 as
follows:
 
    (735 ILCS 5/2-202)  (from Ch. 110, par. 2-202)
    Sec. 2-202. Persons authorized to serve process; place of
service; failure to make return.
    (a) Process shall be served by a sheriff, or if the sheriff
is disqualified, by a coroner of some county of the State. In
matters where the county or State is an interested party,
process may be served by a special investigator appointed by
the State's Attorney of the county, as defined in Section
3-9005 of the Counties Code. A sheriff of a county with a
population of less than 2,000,000 may employ civilian personnel
to serve process. In counties with a population of less than
2,000,000, process may be served, without special appointment,
by a person who is licensed or registered as a private
detective under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a
registered employee of a private detective agency certified
under that Act as defined in Section (a-5). A private detective
or licensed employee must supply the sheriff of any county in
which he serves process with a copy of his license or
certificate; however, the failure of a person to supply the
copy shall not in any way impair the validity of process served
by the person. The court may, in its discretion upon motion,
order service to be made by a private person over 18 years of
age and not a party to the action. It is not necessary that
service be made by a sheriff or coroner of the county in which
service is made. If served or sought to be served by a sheriff
or coroner, he or she shall endorse his or her return thereon,
and if by a private person the return shall be by affidavit.
    (a-5) Upon motion and in its discretion, the court may
appoint as a special process server a private detective agency
certified under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004. Under
the appointment, any employee of the private detective agency
who is registered under that Act may serve the process. The
motion and the order of appointment must contain the number of
the certificate issued to the private detective agency by the
Department of Professional Regulation under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. A private detective or
private detective agency shall send, one time only, a copy of
his, her, or its individual private detective license or
private detective agency certificate to the county sheriff in
each county in which the detective or detective agency or his,
her, or its employees serve process, regardless of size of the
population of the county. As long as the license or certificate
is valid and meets the requirements of the Department of
Financial and Professional Regulation, a new copy of the
current license or certificate need not be sent to the sheriff.
A private detective agency shall maintain a list of its
registered employees. Registered employees shall consist of:
        (1) an employee who works for the agency holding a
    valid Permanent Employee Registration Card;
        (2) a person who has applied for a Permanent Employee
    Registration Card, has had his or her fingerprints
    processed and cleared by the Department of State Police and
    the FBI, and as to whom the Department of Financial and
    Professional Regulation website shows that the person's
    application for a Permanent Employee Registration Card is
    pending;
        (3) a person employed by a private detective agency who
    is exempt from a Permanent Employee Registration Card
    requirement because the person is a current peace officer;
    and
        (4) a private detective who works for a private
    detective agency as an employee.
A detective agency shall maintain this list and forward it to
any sheriff's department that requests this list within 5
business days after the receipt of the request.
    (b) Summons may be served upon the defendants wherever they
may be found in the State, by any person authorized to serve
process. An officer may serve summons in his or her official
capacity outside his or her county, but fees for mileage
outside the county of the officer cannot be taxed as costs. The
person serving the process in a foreign county may make return
by mail.
    (c) If any sheriff, coroner, or other person to whom any
process is delivered, neglects or refuses to make return of the
same, the plaintiff may petition the court to enter a rule
requiring the sheriff, coroner, or other person, to make return
of the process on a day to be fixed by the court, or to show
cause on that day why that person should not be attached for
contempt of the court. The plaintiff shall then cause a written
notice of the rule to be served on the sheriff, coroner, or
other person. If good and sufficient cause be not shown to
excuse the officer or other person, the court shall adjudge him
or her guilty of a contempt, and shall impose punishment as in
other cases of contempt.
    (d) If process is served by a sheriff, coroner, or special
investigator appointed by the State's Attorney, the court may
tax the fee of the sheriff, coroner, or State's Attorney's
special investigator as costs in the proceeding. If process is
served by a private person or entity, the court may establish a
fee therefor and tax such fee as costs in the proceedings.
    (e) In addition to the powers stated in Section 8.1a of the
Housing Authorities Act, in counties with a population of
3,000,000 or more inhabitants, members of a housing authority
police force may serve process for eviction forcible entry and
detainer actions commenced by that housing authority and may
execute eviction orders of possession for that housing
authority.
    (f) In counties with a population of 3,000,000 or more,
process may be served, with special appointment by the court,
by a private process server or a law enforcement agency other
than the county sheriff in proceedings instituted under the
Forcible Entry and Detainer Article IX of this Code as a result
of a lessor or lessor's assignee declaring a lease void
pursuant to Section 11 of the Controlled Substance and Cannabis
Nuisance Act.
(Source: P.A. 99-169, eff. 7-28-15.)
 
    (735 ILCS 5/2-1501)  (from Ch. 110, par. 2-1501)
    Sec. 2-1501. Writs abolished. The function which was, prior
to January 1, 1979, performed by a writ of execution to enforce
a judgment or order for the payment of money, or by the writs
of mandamus, injunction, prohibition, sequestration, habeas
corpus, replevin, ne exeat or attachment, or by the writ of
possession in an action of ejectment, or by the writ of
restitution in an eviction action of forcible entry and
detainer, or by the writ of assistance for the possession of
real estate, or by a temporary restraining order, shall
hereafter be performed by a copy of the order or judgment to be
enforced, certified by the clerk of the court which entered the
judgment or order.
    The clerk's certification shall bear a legend
substantially as follows:
    I hereby certify the above to be correct.
Dated ..........................
(Seal of Clerk of Circuit Court)
................................
    Clerk of the Circuit Court of .............. Illinois.
    This order is the command of the Circuit Court and
violation thereof is subject to the penalty of the law.
(Source: P.A. 83-707.)
 
    (735 ILCS 5/8-1208)  (from Ch. 110, par. 8-1208)
    Sec. 8-1208. Official certificate - Land office. The
official certificate of any register or receiver of any land
office of the United States, to any fact or matter on record in
his or her office, shall be received in evidence in any court
in this State, and shall be competent to prove the fact so
certified. The certificate of any such register, of the entry
or purchase of any tract of land within his or her district,
shall be deemed and taken to be evidence of title in the party
who made such entry or purchase, or his or her legatees, heirs
or assigns, and shall enable such party, his or her legatees,
heirs or assigns, to recover or protect the possession of the
land described in such certificate, in any eviction action or
action of ejectment or forcible entry and detainer, unless a
better legal and paramount title be exhibited for the same. The
signature of such register or receiver may be proved by a
certificate of the Secretary of State, under his or her seal,
that such signature is genuine.
(Source: P.A. 83-707.)
 
    (735 ILCS 5/Art. IX heading)
ARTICLE IX
EVICTION FORCIBLE ENTRY AND DETAINER

 
    (735 ILCS 5/9-104.1)  (from Ch. 110, par. 9-104.1)
    Sec. 9-104.1. Demand; Notice; Return; Condominium and
Contract Purchasers.
    (a) In case there is a contract for the purchase of such
lands or tenements or in case of condominium property, the
demand shall give the purchaser under such contract, or to the
condominium unit owner, as the case may be, at least 30 days to
satisfy the terms of the demand before an action is filed. In
case of a condominium unit, the demand shall set forth the
amount claimed which must be paid within the time prescribed in
the demand and the time period or periods when the amounts were
originally due, unless the demand is for compliance with
Section 18(n) of the Condominium Property Act, in which case
the demand shall set forth the nature of the lease and
memorandum of lease or the leasing requirement not satisfied.
The amount claimed shall include regular or special
assessments, late charges or interest for delinquent
assessments, and attorneys' fees claimed for services incurred
prior to the demand. Attorneys' fees claimed by condominium
associations in the demand shall be subject to review by the
courts in any eviction forcible entry and detainer proceeding
under subsection (b) of Section 9-111 of this Act. The demand
shall be signed by the person claiming such possession, his or
her agent, or attorney.
    (b) In the case of a condominium unit, the demand is not
invalidated by partial payment of amounts due if the payments
do not, at the end of the notice period, total the amounts
demanded in the notice for common expenses, unpaid fines,
interest, late charges, reasonable attorney fees incurred
prior to the initiation of any court action and costs of
collection. The person claiming possession, or his or her agent
or attorney, may, however, agree in writing to withdraw the
demand in exchange for receiving partial payment. To prevent
invalidation, the notice must prominently state:
    "Only FULL PAYMENT of all amounts demanded in this notice
will invalidate the demand, unless the person claiming
possession, or his or her agent or attorney, agrees in writing
to withdraw the demand in exchange for receiving partial
payment."
    (c) The demand set forth in subsection (a) of this Section
shall be served either personally upon such purchaser or
condominium unit owner or by sending the demand thereof by
registered or certified mail with return receipt requested to
the last known address of such purchaser or condominium unit
owner or in case no one is in the actual possession of the
premises, then by posting the same on the premises. When such
demand is made by an officer authorized to serve process, his
or her return is prima facie evidence of the facts therein
stated and if such demand is made by any person not an officer,
the return may be sworn to by the person serving the same, and
is then prima facie evidence of the facts therein stated. To be
effective service under this Section, a demand sent by
certified or registered mail to the last known address need not
be received by the purchaser or condominium unit owner. No
other demand shall be required as a prerequisite to filing an
action under paragraph (7) of subsection (a) of Section 9-102
of this Act. Service of the demand by registered or certified
mail shall be deemed effective upon deposit in the United
States mail with proper postage prepaid and addressed as
provided in this subsection.
(Source: P.A. 90-496, eff. 8-18-97.)
 
    (735 ILCS 5/9-104.2)  (from Ch. 110, par. 9-104.2)
    Sec. 9-104.2. Condominiums: demand, notice, termination of
lease, and eviction Demand - Notice - Termination of Lease and
Possession of a Condominium.
    (a) Unless the Board of Managers is seeking to evict
terminate the right of possession of a tenant or other occupant
of a unit under an existing lease or other arrangement with the
owner of a unit, no demand nor summons need be served upon the
tenant or other occupant in connection with an action brought
under paragraph (7) of subsection (a) of Section 9-102 of this
Article.
    (a-5) The Board of Managers may seek to evict terminate the
right of possession of a tenant or other occupant of a unit
under an existing lease or other arrangement between the tenant
or other occupant and the defaulting owner of a unit, either
within the same action against the unit owner under paragraph
(7) of subsection (a) of Section 9-102 of this Article or
independently thereafter under other paragraphs of that
subsection. If a tenant or other occupant of a unit is joined
within the same action against the defaulting unit owner under
paragraph (7), only the unit owner and not the tenant or other
occupant need to be served with 30 days prior written notice as
provided in this Article. The tenant or other occupant may be
joined as additional defendants at the time the suit is filed
or at any time thereafter prior to execution of the eviction
order judgment for possession by filing, with or without prior
leave of the court, an amended complaint and summons for trial.
If the complaint alleges that the unit is occupied or may be
occupied by persons other than or in addition to the unit owner
of record, that the identities of the persons are concealed and
unknown, they may be named and joined as defendant "Unknown
Occupants". Summons may be served on the defendant "Unknown
Occupants" by the sheriff or court appointed process server by
leaving a copy at the unit with any person residing at the unit
of the age of 13 years or greater, and if the summons is
returned without service stating that service cannot be
obtained, constructive service may be obtained pursuant to
Section 9-107 of this Code with notice mailed to "Unknown
Occupants" at the address of the unit. If prior to execution of
the eviction order judgment for possession the identity of a
defendant or defendants served in this manner is discovered,
his or her name or names and the record may be corrected upon
hearing pursuant to notice of motion served upon the identified
defendant or defendants at the unit in the manner provided by
court rule for service of notice of motion. If, however, an
action under paragraph (7) was brought against the defaulting
unit owner only, and after obtaining an eviction order judgment
for possession and expiration of the stay on enforcement the
Board of Managers elects not to accept a tenant or occupant in
possession as its own and to commence a separate action,
written notice of the eviction order judgment against the unit
owner and demand to quit the premises shall be served on the
tenant or other occupant in the manner provided under Section
9-211 at least 10 days prior to bringing suit to evict recover
possession from the tenant or other occupant.
    (b) If an eviction order a judgment for possession is
granted to the Board of Managers under Section 9-111, any
interest of the unit owner to receive rents under any lease
arrangement shall be deemed assigned to the Board of Managers
until such time as the judgment is vacated.
    (c) If an eviction order a judgment for possession is
entered, the Board of Managers may obtain from the clerk of the
court an informational certificate notifying any tenants not
parties to the proceeding of the assignment of the unit owner's
interest in the lease arrangement to the Board of Managers as a
result of the entry of the eviction order judgment for
possession and stating that any rent hereinafter due the unit
owner or his agent under the lease arrangement should be paid
to the Board of Managers until further order of court. If the
tenant pays his rent to the association pursuant to the entry
of such an eviction order a judgement for possession, the unit
owner may not sue said tenant for any such amounts the tenant
pays the association. Upon service of the certificate on the
tenant in the manner provided by Section 9-211 of this Code,
the tenant shall be obligated to pay the rent under the lease
arrangement to the Board of Managers as it becomes due. If the
tenant thereafter fails and refuses to pay the rent, the Board
of Managers may bring an eviction action for possession after
making a demand for rent in accordance with Section 9-209 of
this Code.
    (c-5) In an action against the unit owner and lessee to
evict a lessee for failure of the lessor/owner of the
condominium unit to comply with the leasing requirements
prescribed by subsection (n) of Section 18 of the Condominium
Property Act or by the declaration, bylaws, and rules and
regulations of the condominium, or against a lessee for any
other breach by the lessee of any covenants, rules,
regulations, or bylaws of the condominium, the demand shall
give the lessee at least 10 days to quit and vacate the unit.
The notice shall be substantially in the following form:
        "TO A.B. You are hereby notified that in consequence of
    (here insert lessor-owner name) failure to comply with the
    leasing requirements prescribed by Section 18(n) of the
    Condominium Property Act or by the declaration, bylaws, and
    rules and regulations of the condominium, or your default
    of any covenants, rules, regulations or bylaws of the
    condominium, in (here insert the character of the default)
    of the premises now occupied by you, being (here described
    the premises) the Board of Managers of (here describe the
    condominium) Association elects to terminate your lease,
    and you are hereby notified to quit and vacate same within
    10 days of this date.".
    The demand shall be signed by the Board of Managers, its
agent, or attorney and shall be served either personally upon
the lessee with a copy to the unit owner or by sending the
demand thereof by registered or certified mail with return
receipt requested to the unit occupied by the lessee and to the
last known address of the unit owner, and no other demand of
termination of such tenancy shall be required. To be effective
service under this Section, a demand sent by certified mail,
return receipt requested, to the unit occupied by the lessee
and to the last known address of the unit owner need not be
received by the lessee or condominium unit owner.
    (d) Nothing in this Section 9-104.2 is intended to confer
upon a Board of Managers any greater authority with respect to
possession of a unit after a judgment than was previously
established by this Act.
(Source: P.A. 90-496, eff. 8-18-97; 91-196, eff. 7-20-99.)
 
    (735 ILCS 5/9-107)  (from Ch. 110, par. 9-107)
    Sec. 9-107. Constructive service. If the plaintiff, his or
her agent, or attorney files an eviction a forcible detainer
action, with or without joinder of a claim for rent in the
complaint, and is unable to obtain personal service on the
defendant or unknown occupant and a summons duly issued in such
action is returned without service stating that service can not
be obtained, then the plaintiff, his or her agent or attorney
may file an affidavit stating that the defendant or unknown
occupant is not a resident of this State, or has departed from
this State, or on due inquiry cannot be found, or is concealed
within this State so that process cannot be served upon him or
her, and also stating the place of residence of the defendant
or unknown occupant, if known, or if not known, that upon
diligent inquiry the affiant has not been able to ascertain the
defendant's or unknown occupant's place of residence, then in
all such eviction forcible detainer cases whether or not a
claim for rent is joined with the complaint for possession, the
defendant or unknown occupant may be notified by posting and
mailing of notices; or by publication and mailing, as provided
for in Section 2-206 of this Act. However, in cases where the
defendant or unknown occupant is notified by posting and
mailing of notices or by publication and mailing, and the
defendant or unknown occupant does not appear generally, the
court may rule only on the portion of the complaint which seeks
an eviction order judgment for possession, and the court shall
not enter judgment as to any rent claim joined in the complaint
or enter personal judgment for any amount owed by a unit owner
for his or her proportionate share of the common expenses,
however, an in rem judgment may be entered against the unit for
the amount of common expenses due, any other expenses lawfully
agreed upon or the amount of any unpaid fine, together with
reasonable attorney fees, if any, and costs. The claim for rent
may remain pending until such time as the defendant or unknown
occupant appears generally or is served with summons, but the
eviction order for possession shall be final, enforceable and
appealable if the court makes an express written finding that
there is no just reason for delaying enforcement or appeal, as
provided by Supreme Court rule of this State.
    Such notice shall be in the name of the clerk of the court,
be directed to the defendant or unknown occupant, shall state
the nature of the cause against the defendant or unknown
occupant and at whose instance issued and the time and place
for trial, and shall also state that unless the defendant or
unknown occupant appears at the time and place fixed for trial,
judgment will be entered by default, and shall specify the
character of the judgment that will be entered in such cause.
The sheriff shall post 3 copies of the notice in 3 public
places in the neighborhood of the court where the cause is to
be tried, at least 10 days prior to the day set for the
appearance, and, if the place of residence of the defendant or
unknown occupant is stated in any affidavit on file, shall at
the same time mail one copy of the notice addressed to such
defendant or unknown occupant at such place of residence shown
in such affidavit. On or before the day set for the appearance,
the sheriff shall file the notice with an endorsement thereon
stating the time when and places where the sheriff posted and
to whom and at what address he or she mailed copies as required
by this Section. For want of sufficient notice any cause may be
continued from time to time until the court has jurisdiction of
the defendant or unknown occupant.
(Source: P.A. 92-823, eff. 8-21-02.)
 
    (735 ILCS 5/9-107.5)
    Sec. 9-107.5. Notice to unknown occupants.
    (a) Service of process upon an unknown occupant may be had
by delivering a copy of the summons and complaint naming
"unknown occupants" to the tenant or any unknown occupant or
person of the age of 13 or upwards occupying the premises.
    (b) If unknown occupants are not named in the initial
summons and complaint and an eviction order a judgment for
possession in favor of the plaintiff is entered, but the order
does not include unknown occupants and the sheriff determines
when executing the eviction order judgment for possession that
persons not included in the order are in possession of the
premises, then the sheriff shall leave with a person of the age
of 13 years or upwards occupying the premises, a copy of the
order, or if no one is present in the premises to accept the
order or refuses to accept the order, then by posting a copy of
the order on the premises. In addition to leaving a copy of the
order or posting of the order, the sheriff shall also leave or
post a notice addressed to "unknown occupants" that states
unless any unknown occupants file a written petition with the
clerk that sets forth the unknown occupant's legal claim for
possession within 7 days of the date the notice is posted or
left with any unknown occupant, the unknown occupants shall be
evicted from the premises. If any unknown occupants file such a
petition, a hearing on the merits of the unknown occupant's
petition shall be held by the court within 7 days of the filing
of the petition with the clerk. The unknown occupants shall
have the burden of proof in establishing a legal right to
continued possession.
    (c) The plaintiff may obtain an eviction order a judgment
for possession only and not for rent as to any unknown
occupants.
    (d) Nothing in this Section may be construed so as to vest
any rights to persons who are criminal trespassers, nor may
this Section be construed in any way that interferes with the
ability of law enforcement officials removing persons or
property from the premises when there is a criminal trespass.
(Source: P.A. 92-823, eff. 8-21-02.)
 
    (735 ILCS 5/9-107.10)
    Sec. 9-107.10. Military personnel in military service;
eviction action for possession.
    (a) In this Section:
    "Military service" means any full-time training or duty, no
matter how described under federal or State law, for which a
service member is ordered to report by the President, Governor
of a state, commonwealth, or territory of the United States, or
other appropriate military authority.
    "Service member" means a resident of Illinois who is a
member of any component of the U.S. Armed Forces or the
National Guard of any state, the District of Columbia, a
commonwealth, or a territory of the United States.
    (b) In a residential eviction an action for possession of
residential premises of a tenant, including eviction of a
tenant who is a resident of a mobile home park, who is a
service member that has entered military service, or of any
member of the tenant's family who resides with the tenant, if
the tenant entered into the rental agreement on or after the
effective date of this amendatory Act of the 94th General
Assembly, the court may, on its own motion, and shall, upon
motion made by or on behalf of the tenant, do either of the
following if the tenant's ability to pay the agreed rent is
materially affected by the tenant's military service:
        (1) Stay the proceedings for a period of 90 days,
    unless, in the opinion of the court, justice and equity
    require a longer or shorter period of time.
        (2) Adjust the obligation under the rental agreement to
    preserve the interest of all parties to it.
    (c) In order to be eligible for the benefits granted to
service members under this Section, a service member or a
member of the service member's family who resides with the
service member must provide the landlord or mobile home park
operator with a copy of the orders calling the service member
to military service in excess of 29 consecutive days and of any
orders further extending the period of service.
    (d) If a stay is granted under this Section, the court may
grant the landlord or mobile home park operator such relief as
equity may require.
    (e) A violation of this Section constitutes a civil rights
violation under the Illinois Human Rights Act. All proceeds
from the collection of any civil penalty imposed pursuant to
the Illinois Human Rights Act under this subsection shall be
deposited into the Illinois Military Family Relief Fund.
(Source: P.A. 97-913, eff. 1-1-13.)
 
    (735 ILCS 5/9-109.5)
    Sec. 9-109.5. Standard of Proof. After a trial, if the
court finds, by a preponderance of the evidence, that the
allegations in the complaint have been proven, the court shall
enter an eviction order judgment for possession of the premises
in favor of the plaintiff.
(Source: P.A. 90-557, eff. 6-1-98.)
 
    (735 ILCS 5/9-109.6 new)
    Sec. 9-109.6. Residential eviction order; form. A
standardized residential eviction order form, as determined by
the Supreme Court, shall be used statewide.
 
    (735 ILCS 5/9-109.7)
    Sec. 9-109.7. Stay of enforcement; drug related action. An
eviction order A judgment for possession of the premises
entered in an action brought by a lessor or lessor's assignee,
if the action was brought as a result of a lessor or lessor's
assignee declaring a lease void pursuant to Section 11 of the
Controlled Substance and Cannabis Nuisance Act, may not be
stayed for any period in excess of 7 days by the court.
Thereafter the plaintiff shall be entitled to re-enter the
premises immediately. The sheriff or other lawfully deputized
officers shall execute an order entered pursuant to this
Section within 7 days of its entry, or within 7 days of the
expiration of a stay of judgment, if one is entered.
(Source: P.A. 90-557, eff. 6-1-98.)
 
    (735 ILCS 5/9-111)  (from Ch. 110, par. 9-111)
    Sec. 9-111. Condominium property.
    (a) As to property subject to the provisions of the
"Condominium Property Act", approved June 20, 1963, as amended,
when the action is based upon the failure of an owner of a unit
therein to pay when due his or her proportionate share of the
common expenses of the property, or of any other expenses
lawfully agreed upon or the amount of any unpaid fine, and if
the court finds that the expenses or fines are due to the
plaintiff, the plaintiff shall be entitled to the possession of
the whole of the premises claimed, and the court shall enter an
eviction order judgment in favor of the plaintiff shall be
entered for the possession thereof and judgment for the amount
found due by the court including interest and late charges, if
any, together with reasonable attorney's fees, if any, and for
the plaintiff's costs. The awarding of reasonable attorney's
fees shall be pursuant to the standards set forth in subsection
(b) of this Section 9-111. The court shall, by order, stay the
enforcement of the eviction order judgment for possession for a
period of not less than 60 days from the date of the judgment
and may stay the enforcement of the order judgment for a period
not to exceed 180 days from such date. Any judgment for money
or any rent assignment under subsection (b) of Section 9-104.2
is not subject to this stay. The eviction order judgment for
possession is not subject to an exemption of homestead under
Part 9 of Article XII of this Code. If at any time, either
during or after the period of stay, the defendant pays such
expenses found due by the court, and costs, and reasonable
attorney's fees as fixed by the court, and the defendant is not
in arrears on his or her share of the common expenses for the
period subsequent to that covered by the order judgment, the
defendant may file a motion to vacate the order judgment in the
court in which the order judgment was entered, and, if the
court, upon the hearing of such motion, is satisfied that the
default in payment of the proportionate share of expenses has
been cured, and if the court finds that the premises are not
presently let by the board of managers as provided in Section
9-111.1 of this Act, the order judgment shall be vacated. If
the premises are being let by the board of managers as provided
in Section 9-111.1 of this Act, when any order judgment is
sought to be vacated, the court shall vacate the order judgment
effective concurrent with the expiration of the lease term.
Unless defendant files such motion to vacate in the court or
the order judgment is otherwise stayed, enforcement of the
order judgment may proceed immediately upon the expiration of
the period of stay and all rights of the defendant to
possession of his or her unit shall cease and determine until
the date that the order judgment may thereafter be vacated in
accordance with the foregoing provisions, and notwithstanding
payment of the amount of any money judgment if the unit owner
or occupant is in arrears for the period after the date of
entry of the order judgment as provided in this Section.
Nothing herein contained shall be construed as affecting the
right of the board of managers, or its agents, to any lawful
remedy or relief other than that provided by Part 1 of this
Article IX of this Act.
    This amendatory Act of the 92nd General Assembly is
intended as a clarification of existing law and not as a new
enactment.
    (b) For purposes of determining reasonable attorney's fees
under subsection (a), the court shall consider:
        (i) the time expended by the attorney;
        (ii) the reasonableness of the hourly rate for the work
    performed;
        (iii) the reasonableness of the amount of time expended
    for the work performed; and
        (iv) the amount in controversy and the nature of the
    action.
(Source: P.A. 91-196, eff. 7-20-99; 92-540, eff. 6-12-02.)
 
    (735 ILCS 5/9-111.1)
    Sec. 9-111.1. Lease to bona fide tenant. Upon the entry of
an eviction order a judgment in favor of a board of managers
for possession of property under the Condominium Property Act,
as provided in Section 9-111 of this Act, and upon delivery of
possession of the premises by the sheriff or other authorized
official to the board of managers pursuant to execution upon
the order judgment, the board of managers shall have the right
and authority, incidental to the right of possession of a unit
under the order judgment, but not the obligation, to lease the
unit to a bona fide tenant (whether the tenant is in occupancy
or not) pursuant to a written lease for a term which may
commence at any time within 8 months after the month in which
the date of expiration of the stay of the order judgment
occurs. The term may not exceed 13 months from the date of
commencement of the lease. The court may, upon motion of the
board of managers and with notice to the evicted dispossessed
unit owner, permit or extend a lease for one or more additional
terms not to exceed 13 months per term. The board of managers
shall first apply all rental income to assessments and other
charges sued upon in the eviction action for possession plus
statutory interest on a monetary judgment, if any, attorneys'
fees, and court costs incurred; and then to other expenses
lawfully agreed upon (including late charges), any fines and
reasonable expenses necessary to make the unit rentable, and
lastly to assessments accrued thereafter until assessments are
current. Any surplus shall be remitted to the unit owner. The
court shall retain jurisdiction to determine the
reasonableness of the expense of making the unit rentable.
(Source: P.A. 98-996, eff. 1-1-15.)
 
    (735 ILCS 5/9-117)  (from Ch. 110, par. 9-117)
    Sec. 9-117. Expiration of order judgment. No eviction order
judgment for possession obtained in an action brought under
this Article may be enforced more than 120 days after the order
judgment is entered, unless upon motion by the plaintiff the
court grants an extension of the period of enforcement of the
order judgment. Plaintiff's notice of motion shall contain the
following notice directed to the defendant:
        "The plaintiff in this case, (insert name), obtained an
    eviction judgment against you on (insert date), but the
    sheriff did not evict you within the 120 days that the
    plaintiff has to evict after a judgment in court. On the
    date stated in this notice, the plaintiff will be asking
    the court to allow the sheriff to evict you based on that
    judgment. You must attend the court hearing if you want the
    court to stop the plaintiff from having you evicted. To
    prevent the eviction, you must be able to prove that (1)
    the plaintiff and you made an agreement after the judgment
    (for instance, to pay up back rent or to comply with the
    lease) and you have lived up to the agreement; or (2) the
    reason the plaintiff brought the original eviction case has
    been resolved or forgiven, and the eviction the plaintiff
    now wants the court to grant is based on a new or different
    reason; or (3) that you have another legal or equitable
    reason why the court should not grant the plaintiff's
    request for your eviction."
    The court shall grant the motion for the extension of the
eviction order judgment of possession unless the defendant
establishes that the tenancy has been reinstated, that the
breach upon which the order judgment was issued has been cured
or waived, that the plaintiff and defendant entered into a
post-judgment agreement whose terms the defendant has
performed, or that other legal or equitable grounds exist that
bar enforcement of the order judgment. This Section does not
apply to any action based upon a breach of a contract entered
into on or after July 1, 1962, for the purchase of premises in
which the court has entered a stay under Section 9-110; nor
shall this Section apply to any action to which the provisions
of Section 9-111 apply; nor shall this Section affect the
rights of Boards of Managers under Section 9-104.2.
(Source: P.A. 99-753, eff. 1-1-17.)
 
    (735 ILCS 5/9-118)  (from Ch. 110, par. 9-118)
    Sec. 9-118. Emergency housing eviction proceedings.
    (a) As used in this Section:
    "Cannabis" has the meaning ascribed to that term in the
Cannabis Control Act.
    "Narcotics" and "controlled substance" have the meanings
ascribed to those terms in the Illinois Controlled Substances
Act.
    (b) This Section applies only if all of the following
conditions are met:
        (1) The complaint seeks possession of premises that are
    owned or managed by a housing authority established under
    the Housing Authorities Act or privately owned and managed.
        (2) The verified complaint alleges that there is direct
    evidence of any of the following:
            (A) unlawful possessing, serving, storing,
        manufacturing, cultivating, delivering, using,
        selling, giving away, or trafficking in cannabis,
        methamphetamine, narcotics, or controlled substances
        within or upon the premises by or with the knowledge
        and consent of, or in concert with the person or
        persons named in the complaint; or
            (B) the possession, use, sale, or delivery of a
        firearm which is otherwise prohibited by State law
        within or upon the premises by or with the knowledge
        and consent of, or in concert with, the person or
        persons named in the complaint; or
            (C) murder, attempted murder, kidnapping,
        attempted kidnapping, arson, attempted arson,
        aggravated battery, criminal sexual assault, attempted
        criminal sexual assault, aggravated criminal sexual
        assault, predatory criminal sexual assault of a child,
        or criminal sexual abuse within or upon the premises by
        or with the knowledge and consent of, or in concert
        with, the person or persons named in the complaint.
        (3) Notice by verified complaint setting forth the
    relevant facts, and a demand for possession of the type
    specified in Section 9-104 is served on the tenant or
    occupant of the premises at least 14 days before a hearing
    on the complaint is held, and proof of service of the
    complaint is submitted by the plaintiff to the court.
    (b-5) In all actions brought under this Section 9-118, no
predicate notice of termination or demand for possession shall
be required to initiate an eviction action.
    (c) When a complaint has been filed under this Section, a
hearing on the complaint shall be scheduled on any day after
the expiration of 14 days following the filing of the
complaint. The summons shall advise the defendant that a
hearing on the complaint shall be held at the specified date
and time, and that the defendant should be prepared to present
any evidence on his or her behalf at that time.
    If a plaintiff which is a public housing authority accepts
rent from the defendant after an action is initiated under this
Section, the acceptance of rent shall not be a cause for
dismissal of the complaint.
    (d) If the defendant does not appear at the hearing, an
eviction order judgment for possession of the premises in favor
of the plaintiff shall be entered by default. If the defendant
appears, a trial shall be held immediately as is prescribed in
other eviction proceedings for possession. The matter shall not
be continued beyond 7 days from the date set for the first
hearing on the complaint except by agreement of both the
plaintiff and the defendant. After a trial, if the court finds,
by a preponderance of the evidence, that the allegations in the
complaint have been proven, the court shall enter an eviction
order judgment for possession of the premises in favor of the
plaintiff and the court shall order that the plaintiff shall be
entitled to re-enter the premises immediately.
    (d-5) If cannabis, methamphetamine, narcotics, or
controlled substances are found or used anywhere in the
premises, there is a rebuttable presumption either (1) that the
cannabis, methamphetamine, narcotics, or controlled substances
were used or possessed by a tenant or occupant or (2) that a
tenant or occupant permitted the premises to be used for that
use or possession, and knew or should have reasonably known
that the substance was used or possessed.
    (e) An eviction order A judgment for possession entered
under this Section may not be stayed for any period in excess
of 7 days by the court. Thereafter the plaintiff shall be
entitled to re-enter the premises immediately. The sheriff or
other lawfully deputized officers shall give priority to
service and execution of orders entered under this Section over
other possession orders.
    (f) This Section shall not be construed to prohibit the use
or possession of cannabis, methamphetamine, narcotics, or a
controlled substance that has been legally obtained in
accordance with a valid prescription for the personal use of a
lawful occupant of a dwelling unit.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    (735 ILCS 5/9-119)
    Sec. 9-119. Emergency subsidized housing eviction
proceedings.
    (a) As used in this Section:
    "FmHA" means the Farmers Home Administration or a local
housing authority administering an FmHA program.
    "HUD" means the United States Department of Housing and
Urban Development, or the Federal Housing Administration or a
local housing authority administering a HUD program.
    "Section 8 contract" means a contract with HUD or FmHA
which provides rent subsidies entered into pursuant to Section
8 of the United States Housing Act of 1937 or the Section 8
Existing Housing Program (24 C.F.R. Part 882).
    "Subsidized housing" means:
        (1) any housing or unit of housing subject to a Section
    8 contract;
        (2) any housing or unit of housing owned, operated, or
    managed by a housing authority established under the
    Housing Authorities Act; or
        (3) any housing or unit of housing financed by a loan
    or mortgage held by the Illinois Housing Development
    Authority, a local housing authority, or the federal
    Department of Housing and Urban Development ("HUD") that
    is:
            (i) insured or held by HUD under Section 221(d)(3)
        of the National Housing Act and assisted under Section
        101 of the Housing and Urban Development Act of 1965 or
        Section 8 of the United States Housing Act of 1937;
            (ii) insured or held by HUD and bears interest at a
        rate determined under the proviso of Section 221(d)(3)
        of the National Housing Act;
            (iii) insured, assisted, or held by HUD under
        Section 202 or 236 of the National Housing Act;
            (iv) insured or held by HUD under Section 514 or
        515 of the Housing Act of 1949;
            (v) insured or held by HUD under the United States
        Housing Act of 1937; or
            (vi) held by HUD and formerly insured under a
        program listed in subdivision (i), (ii), (iii), (iv),
        or (v).
    (b) This Section applies only if all of the following
conditions are met:
        (1) The verified complaint seeks possession of
    premises that are subsidized housing as defined under this
    Section.
        (2) The verified complaint alleges that there is direct
    evidence of refusal by the tenant to allow the landlord or
    agent of the landlord or other person authorized by State
    or federal law or regulations or local ordinance to inspect
    the premises, provided that all of the following conditions
    have been met:
            (A) on 2 separate occasions within a 30 day period
        the tenant, or another person on the premises with the
        consent of the tenant, refuses to allow the landlord or
        agent of the landlord or other person authorized by
        State or federal law or regulations or local ordinance
        to inspect the premises;
            (B) the landlord then sends written notice to the
        tenant stating that (i) the tenant, or a person on the
        premises with the consent of the tenant, failed twice
        within a 30 day period to allow the landlord or agent
        of the landlord or other person authorized by State or
        federal law or regulations or local ordinance to
        inspect the premises and (ii) the tenant must allow the
        landlord or agent of the landlord or other person
        authorized by State or federal law or regulations or
        local ordinance to inspect the premises within the next
        30 days or face emergency eviction proceedings under
        this Section;
            (C) the tenant subsequently fails to allow the
        landlord or agent of the landlord or other person
        authorized by State or federal law or regulations or
        local ordinance to inspect the premises within 30 days
        of receiving the notice from the landlord; and
            (D) the tenant's written lease states that the
        occurrence of the events described in items (A), (B),
        and (C) may result in eviction.
        (3) Notice, by verified complaint setting forth the
    relevant facts, and a demand for possession of the type
    specified in Section 9-104 is served on the tenant or
    occupant of the premises at least 14 days before a hearing
    on the complaint is held, and proof of service of the
    complaint is submitted by the plaintiff to the court.
    (c) When a complaint has been filed under this Section, a
hearing on the complaint shall be scheduled on any day after
the expiration of 14 days following the filing of the
complaint. The summons shall advise the defendant that a
hearing on the complaint shall be held at the specified date
and time, and that the defendant should be prepared to present
any evidence on his or her behalf at that time.
    (d) If the defendant does not appear at the hearing, an
eviction order judgment for possession of the premises in favor
of the plaintiff shall be entered by default. If the defendant
appears, a trial shall be held immediately as is prescribed in
other eviction proceedings for possession. The matter shall not
be continued beyond 7 days from the date set for the first
hearing on the complaint except by agreement of both the
plaintiff and the defendant. After a trial, if the court finds,
by a preponderance of the evidence, that the allegations in the
complaint have been proven, the court shall enter an eviction
order judgment for possession of the premises in favor of the
plaintiff and the court shall order that the plaintiff shall be
entitled to re-enter the premises immediately.
    (e) An eviction order A judgment for possession entered
under this Section may not be stayed for any period in excess
of 7 days by the court. Thereafter the plaintiff shall be
entitled to re-enter the premises immediately. The sheriff or
other lawfully deputized officers shall give priority to
service and execution of orders entered under this Section over
other possession orders.
(Source: P.A. 89-660, eff. 1-1-97.)
 
    (735 ILCS 5/9-120)
    Sec. 9-120. Leased premises used in furtherance of a
criminal offense; lease void at option of lessor or assignee.
    (a) If any lessee or occupant, on one or more occasions,
uses or permits the use of leased premises for the commission
of any act that would constitute a felony or a Class A
misdemeanor under the laws of this State, the lease or rental
agreement shall, at the option of the lessor or the lessor's
assignee become void, and the owner or lessor shall be entitled
to recover possession of the leased premises as against a
tenant holding over after the expiration of his or her term. A
written lease shall notify the lessee that if any lessee or
occupant, on one or more occasions, uses or permits the use of
the leased premises for the commission of a felony or Class A
misdemeanor under the laws of this State, the lessor shall have
the right to void the lease and recover the leased premises.
Failure to include this language in a written lease or the use
of an oral lease shall not waive or impair the rights of the
lessor or lessor's assignee under this Section or the lease.
This Section shall not be construed so as to diminish the
rights of a lessor, if any, to terminate a lease for other
reasons permitted under law or pursuant to the lease agreement.
    (b) The owner or lessor may bring an eviction a forcible
entry and detainer action, or, if the State's Attorney of the
county in which the real property is located or the corporation
counsel of the municipality in which the real property is
located agrees, assign to that State's Attorney or corporation
counsel the right to bring an eviction a forcible entry and
detainer action on behalf of the owner or lessor, against the
lessee and all occupants of the leased premises. The assignment
must be in writing on a form prepared by the State's Attorney
of the county in which the real property is located or the
corporation counsel of the municipality in which the real
property is located, as applicable. If the owner or lessor
assigns the right to bring an eviction a forcible entry and
detainer action, the assignment shall be limited to those
rights and duties up to and including delivery of the order of
eviction to the sheriff for execution. The owner or lessor
shall remain liable for the cost of the eviction whether or not
the right to bring the eviction forcible entry and detainer
action has been assigned.
    (c) A person does not forfeit any part of his or her
security deposit due solely to an eviction under the provisions
of this Section, except that a security deposit may be used to
pay fees charged by the sheriff for carrying out an eviction.
    (d) If a lessor or the lessor's assignee voids a lease or
contract under the provisions of this Section and the tenant or
occupant has not vacated the premises within 5 days after
receipt of a written notice to vacate the premises, the lessor
or lessor's assignee may seek relief under this Article IX.
Notwithstanding Sections 9-112, 9-113, and 9-114 of this Code,
judgment for costs against a plaintiff seeking possession of
the premises under this Section shall not be awarded to the
defendant unless the action was brought by the plaintiff in bad
faith. An action to possess premises under this Section shall
not be deemed to be in bad faith when the plaintiff based his
or her cause of action on information provided to him or her by
a law enforcement agency, the State's Attorney, or the
municipality.
    (e) After a trial, if the court finds, by a preponderance
of the evidence, that the allegations in the complaint have
been proven, the court shall enter an eviction order judgment
for possession of the premises in favor of the plaintiff and
the court shall order that the plaintiff shall be entitled to
re-enter the premises immediately.
    (f) An eviction order A judgment for possession of the
premises entered in an action brought by a lessor or lessor's
assignee, if the action was brought as a result of a lessor or
lessor's assignee declaring a lease void pursuant to this
Section, may not be stayed for any period in excess of 7 days
by the court unless all parties agree to a longer period.
Thereafter the plaintiff shall be entitled to re-enter the
premises immediately. The sheriff or other lawfully deputized
officers shall execute an order entered pursuant to this
Section within 7 days of its entry, or within 7 days of the
expiration of a stay of judgment, if one is entered.
    (g) Nothing in this Section shall limit the rights of an
owner or lessor to bring an eviction a forcible entry and
detainer action on the basis of other applicable law.
(Source: P.A. 97-236, eff. 8-2-11.)
 
    (735 ILCS 5/9-121)
    Sec. 9-121. Sealing of court file.
    (a) Definition. As used in this Section, "court file" means
the court file created when an eviction a forcible entry and
detainer action is filed with the court.
    (b) Discretionary sealing of court file. The court may
order that a court file in an eviction a forcible entry and
detainer action be placed under seal if the court finds that
the plaintiff's action is sufficiently without a basis in fact
or law, which may include a lack of jurisdiction, that placing
the court file under seal is clearly in the interests of
justice, and that those interests are not outweighed by the
public's interest in knowing about the record.
    (c) Mandatory sealing of court file. The court file
relating to an eviction a forcible entry and detainer action
brought against a tenant under Section 9-207.5 of this Code or
as set forth in subdivision (h)(6) of Section 15-1701 of this
Code shall be placed under seal.
(Source: P.A. 98-514, eff. 11-19-13.)
 
    (735 ILCS 5/9-207)  (from Ch. 110, par. 9-207)
    Sec. 9-207. Notice to terminate tenancy for less than a
year.
    (a) Except as provided in Section 9-207.5 of this Code, in
all cases of tenancy from week to week, where the tenant holds
over without special agreement, the landlord may terminate the
tenancy by 7 days' notice, in writing, and may maintain an
action for eviction forcible entry and detainer or ejectment.
    (b) Except as provided in Section 9-207.5 of this Code, in
all cases of tenancy for any term less than one year, other
than tenancy from week to week, where the tenant holds over
without special agreement, the landlord may terminate the
tenancy by 30 days' notice, in writing, and may maintain an
action for eviction forcible entry and detainer or ejectment.
(Source: P.A. 98-514, eff. 11-19-13.)
 
    (735 ILCS 5/9-208)  (from Ch. 110, par. 9-208)
    Sec. 9-208. Further demand. Where a tenancy is terminated
by notice, under either of the 2 preceding sections, no further
demand is necessary before bringing an action under the statute
in relation to eviction forcible detainer or ejectment.
(Source: P.A. 83-707.)
 
    (735 ILCS 5/9-209)  (from Ch. 110, par. 9-209)
    Sec. 9-209. Demand for rent - eviction action Action for
possession. A landlord or his or her agent may, any time after
rent is due, demand payment thereof and notify the tenant, in
writing, that unless payment is made within a time mentioned in
such notice, not less than 5 days after service thereof, the
lease will be terminated. If the tenant does not pay the rent
due within the time stated in the notice under this Section,
the landlord may consider the lease ended and commence an
eviction or ejectment action without further notice or demand.
If the tenant does not within the time mentioned in such
notice, pay the rent due, the landlord may consider the lease
ended, and sue for the possession under the statute in relation
to forcible entry and detainer, or maintain ejectment without
further notice or demand. A claim for rent may be joined in the
complaint, including a request for the pro rata amount of rent
due for any period that a judgment is stayed, and a judgment
obtained for the amount of rent found due, in any action or
proceeding brought, in an eviction action of forcible entry and
detainer for the possession of the leased premises, under this
Section.
    Notice made pursuant to this Section shall, as hereinafter
stated, not be invalidated by payments of past due rent
demanded in the notice, when the payments do not, at the end of
the notice period, total the amount demanded in the notice. The
landlord may, however, agree in writing to continue the lease
in exchange for receiving partial payment. To prevent
invalidation, the notice must prominently state:
    "Only FULL PAYMENT of the rent demanded in this notice will
waive the landlord's right to terminate the lease under this
notice, unless the landlord agrees in writing to continue the
lease in exchange for receiving partial payment."
    Collection by the landlord of past rent due after the
filing of a suit for eviction possession or ejectment pursuant
to failure of the tenant to pay the rent demanded in the notice
shall not invalidate the suit.
(Source: P.A. 97-247, eff. 1-1-12.)
 
    (735 ILCS 5/12-903)  (from Ch. 110, par. 12-903)
    Sec. 12-903. Extent of exemption. No property shall, by
virtue of Part 9 of this Article XII of this Act, be exempt
from sale for nonpayment of taxes or assessments, or for a debt
or liability incurred for the purchase or improvement thereof,
or for enforcement of a lien thereon pursuant to paragraph
(g)(1) of Section 9 of the "Condominium Property Act", approved
June 20, 1963, as amended, or be exempt from enforcement of an
eviction order a judgment for possession pursuant to paragraph
(a)(7) or (a)(8) of Section 9-102 of this Code.
    This amendatory Act of the 92nd General Assembly is
intended as a clarification of existing law and not as a new
enactment.
(Source: P.A. 92-540, eff. 6-12-02.)
 
    (735 ILCS 5/15-1504.5)
    Sec. 15-1504.5. Homeowner notice to be attached to summons.
For all residential foreclosure actions filed, the plaintiff
must attach a Homeowner Notice to the summons. The Homeowner
Notice must be in at least 12 point type and in English and
Spanish. The Spanish translation shall be prepared by the
Attorney General and posted on the Attorney General's website.
A notice that includes the Attorney General's Spanish
translation in substantially similar form shall be deemed to
comply with the Spanish notice requirement in this Section. The
Notice must be in substantially the following form:
 
IMPORTANT INFORMATION FOR HOMEOWNERS IN FORECLOSURE

 
        1. POSSESSION: The lawful occupants of a home have the
    right to live in the home until a judge enters an eviction
    order for possession.
        2. OWNERSHIP: You continue to own your home until the
    court rules otherwise.
        3. REINSTATEMENT: As the homeowner you have the right
    to bring the mortgage current within 90 days after you
    receive the summons.
        4. REDEMPTION: As the homeowner you have the right to
    sell your home, refinance, or pay off the loan during the
    redemption period.
        5. SURPLUS: As the homeowner you have the right to
    petition the court for any excess money that results from a
    foreclosure sale of your home.
        6. WORKOUT OPTIONS: The mortgage company does not want
    to foreclose on your home if there is any way to avoid it.
    Call your mortgage company [insert name of the homeowner's
    current mortgage servicer in bold and 14 point type] or its
    attorneys to find out the alternatives to foreclosure.
        7. PAYOFF AMOUNT: You have the right to obtain a
    written statement of the amount necessary to pay off your
    loan. Your mortgage company (identified above) must
    provide you this statement within 10 business days of
    receiving your request, provided that your request is in
    writing and includes your name, the address of the
    property, and the mortgage account or loan number. Your
    first payoff statement will be free.
        8. GET ADVICE: This information is not exhaustive and
    does not replace the advice of a professional. You may have
    other options. Get professional advice from a lawyer or
    certified housing counselor about your rights and options
    to avoid foreclosure.
        9. LAWYER: If you do not have a lawyer, you may be able
    to find assistance by contacting the Illinois State Bar
    Association or a legal aid organization that provides free
    legal assistance.
        10. PROCEED WITH CAUTION: You may be contacted by
    people offering to help you avoid foreclosure. Before
    entering into any transaction with persons offering to help
    you, please contact a lawyer, government official, or
    housing counselor for advice.
(Source: P.A. 95-961, eff. 1-1-09.)
 
    (735 ILCS 5/15-1508)  (from Ch. 110, par. 15-1508)
    Sec. 15-1508. Report of sale and confirmation of sale.
    (a) Report. The person conducting the sale shall promptly
make a report to the court, which report shall include a copy
of all receipts and, if any, certificate of sale.
    (b) Hearing. Upon motion and notice in accordance with
court rules applicable to motions generally, which motion shall
not be made prior to sale, the court shall conduct a hearing to
confirm the sale. Unless the court finds that (i) a notice
required in accordance with subsection (c) of Section 15-1507
was not given, (ii) the terms of sale were unconscionable,
(iii) the sale was conducted fraudulently, or (iv) justice was
otherwise not done, the court shall then enter an order
confirming the sale. The confirmation order shall include a
name, address, and telephone number of the holder of the
certificate of sale or deed issued pursuant to that certificate
or, if no certificate or deed was issued, the purchaser, whom a
municipality or county may contact with concerns about the real
estate. The confirmation order may also:
        (1) approve the mortgagee's fees and costs arising
    between the entry of the judgment of foreclosure and the
    confirmation hearing, those costs and fees to be allowable
    to the same extent as provided in the note and mortgage and
    in Section 15-1504;
        (2) provide for a personal judgment against any party
    for a deficiency; and
        (3) determine the priority of the judgments of parties
    who deferred proving the priority pursuant to subsection
    (h) of Section 15-1506, but the court shall not defer
    confirming the sale pending the determination of such
    priority.
    (b-3) Hearing to confirm sale of abandoned residential
property. Upon motion and notice by first-class mail to the
last known address of the mortgagor, which motion shall be made
prior to the sale and heard by the court at the earliest
practicable time after conclusion of the sale, and upon the
posting at the property address of the notice required by
paragraph (2) of subsection (l) of Section 15-1505.8, the court
shall enter an order confirming the sale of the abandoned
residential property, unless the court finds that a reason set
forth in items (i) through (iv) of subsection (b) of this
Section exists for not approving the sale, or an order is
entered pursuant to subsection (h) of Section 15-1505.8. The
confirmation order also may address the matters identified in
items (1) through (3) of subsection (b) of this Section. The
notice required under subsection (b-5) of this Section shall
not be required.
    (b-5) Notice with respect to residential real estate. With
respect to residential real estate, the notice required under
subsection (b) of this Section shall be sent to the mortgagor
even if the mortgagor has previously been held in default. In
the event the mortgagor has filed an appearance, the notice
shall be sent to the address indicated on the appearance. In
all other cases, the notice shall be sent to the mortgagor at
the common address of the foreclosed property. The notice shall
be sent by first class mail. Unless the right to possession has
been previously terminated by the court, the notice shall
include the following language in 12-point boldface
capitalized type:
IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO
REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF
POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE
ILLINOIS MORTGAGE FORECLOSURE LAW.
    (b-10) Notice of confirmation order sent to municipality or
county. A copy of the confirmation order required under
subsection (b) shall be sent to the municipality in which the
foreclosed property is located, or to the county within the
boundary of which the foreclosed property is located if the
foreclosed property is located in an unincorporated territory.
A municipality or county must clearly publish on its website a
single address to which a copy of the order shall be sent. If a
municipality or county does not maintain a website, then the
municipality or county must publicly post in its main office a
single address to which a copy of the order shall be sent. In
the event that a municipality or county has not complied with
the publication requirement in this subsection (b-10), then a
copy of the order shall be sent by first class mail, postage
prepaid, to the chairperson of the county board or county clerk
in the case of a county, to the mayor or city clerk in the case
of a city, to the president of the board of trustees or village
clerk in the case of a village, or to the president or town
clerk in the case of a town.
    (b-15) Notice of confirmation order sent to known insurers.
With respect to residential real estate, the party filing the
complaint shall send a copy of the confirmation order required
under subsection (b) by first class mail, postage prepaid, to
the last known property insurer of the foreclosed property.
Failure to send or receive a copy of the order shall not impair
or abrogate in any way the rights of the mortgagee or purchaser
or affect the status of the foreclosure proceedings.
    (c) Failure to Give Notice. If any sale is held without
compliance with subsection (c) of Section 15-1507 of this
Article, any party entitled to the notice provided for in
paragraph (3) of that subsection (c) who was not so notified
may, by motion supported by affidavit made prior to
confirmation of such sale, ask the court which entered the
judgment to set aside the sale. Any such party shall guarantee
or secure by bond a bid equal to the successful bid at the
prior sale, unless the party seeking to set aside the sale is
the mortgagor, the real estate sold at the sale is residential
real estate, and the mortgagor occupies the residential real
estate at the time the motion is filed. In that event, no
guarantee or bond shall be required of the mortgagor. Any
subsequent sale is subject to the same notice requirement as
the original sale.
    (d) Validity of Sale. Except as provided in subsection (c)
of Section 15-1508, no sale under this Article shall be held
invalid or be set aside because of any defect in the notice
thereof or in the publication of the same, or in the
proceedings of the officer conducting the sale, except upon
good cause shown in a hearing pursuant to subsection (b) of
Section 15-1508. At any time after a sale has occurred, any
party entitled to notice under paragraph (3) of subsection (c)
of Section 15-1507 may recover from the mortgagee any damages
caused by the mortgagee's failure to comply with such paragraph
(3). Any party who recovers damages in a judicial proceeding
brought under this subsection may also recover from the
mortgagee the reasonable expenses of litigation, including
reasonable attorney's fees.
    (d-5) Making Home Affordable Program. The court that
entered the judgment shall set aside a sale held pursuant to
Section 15-1507, upon motion of the mortgagor at any time prior
to the confirmation of the sale, if the mortgagor proves by a
preponderance of the evidence that (i) the mortgagor has
applied for assistance under the Making Home Affordable Program
established by the United States Department of the Treasury
pursuant to the Emergency Economic Stabilization Act of 2008,
as amended by the American Recovery and Reinvestment Act of
2009, and (ii) the mortgaged real estate was sold in material
violation of the program's requirements for proceeding to a
judicial sale. The provisions of this subsection (d-5) are
operative and, except for this sentence, shall become
inoperative on January 1, 2018 for all actions filed under this
Article after December 31, 2017, in which the mortgagor did not
apply for assistance under the Making Home Affordable Program
on or before December 31, 2016. The changes to this subsection
(d-5) by this amendatory Act of the 99th General Assembly apply
to all cases pending and filed on or after the effective date
of this amendatory Act of the 99th General Assembly.
    (e) Deficiency Judgment. In any order confirming a sale
pursuant to the judgment of foreclosure, the court shall also
enter a personal judgment for deficiency against any party (i)
if otherwise authorized and (ii) to the extent requested in the
complaint and proven upon presentation of the report of sale in
accordance with Section 15-1508. Except as otherwise provided
in this Article, a judgment may be entered for any balance of
money that may be found due to the plaintiff, over and above
the proceeds of the sale or sales, and enforcement may be had
for the collection of such balance, the same as when the
judgment is solely for the payment of money. Such judgment may
be entered, or enforcement had, only in cases where personal
service has been had upon the persons personally liable for the
mortgage indebtedness, unless they have entered their
appearance in the foreclosure action.
    (f) Satisfaction. Upon confirmation of the sale, the
judgment stands satisfied to the extent of the sale price less
expenses and costs. If the order confirming the sale includes a
deficiency judgment, the judgment shall become a lien in the
manner of any other judgment for the payment of money.
    (g) The order confirming the sale shall include,
notwithstanding any previous orders awarding possession during
the pendency of the foreclosure, an award to the purchaser of
possession of the mortgaged real estate, as of the date 30 days
after the entry of the order, against the parties to the
foreclosure whose interests have been terminated.
    An eviction order of possession authorizing the removal of
a person from possession of the mortgaged real estate shall be
entered and enforced only against those persons personally
named as individuals in the complaint or the petition under
subsection (h) of Section 15-1701. No eviction order of
possession issued under this Section shall be entered against a
lessee with a bona fide lease of a dwelling unit in residential
real estate in foreclosure, whether or not the lessee has been
made a party in the foreclosure. An order shall not be entered
and enforced against any person who is only generically
described as an unknown owner or nonrecord claimant or by
another generic designation in the complaint.
    Notwithstanding the preceding paragraph, the failure to
personally name, include, or seek an eviction order award of
possession of the mortgaged real estate against a person in the
confirmation order shall not abrogate any right that the
purchaser may have to possession of the mortgaged real estate
and to maintain an eviction proceeding a proceeding against
that person for possession under Article IX of this Code or, if
applicable, under subsection (h) of Section 15-1701; and
eviction of possession against a person who (1) has not been
personally named as a party to the foreclosure and (2) has not
been provided an opportunity to be heard in the foreclosure
proceeding may be sought only by maintaining a proceeding under
Article IX of this Code or, if applicable, under subsection (h)
of Section 15-1701.
    (h) With respect to mortgaged real estate containing 5 or
more dwelling units, the order confirming the sale shall also
provide that (i) the mortgagor shall transfer to the purchaser
the security deposits, if any, that the mortgagor received to
secure payment of rent or to compensate for damage to the
mortgaged real estate from any current occupant of a dwelling
unit of the mortgaged real estate, as well as any statutory
interest that has not been paid to the occupant, and (ii) the
mortgagor shall provide an accounting of the security deposits
that are transferred, including the name and address of each
occupant for whom the mortgagor holds the deposit and the
amount of the deposit and any statutory interest.
(Source: P.A. 98-514, eff. 11-19-13; 98-605, eff. 12-26-13;
99-640, eff. 7-28-16.)
 
    (735 ILCS 5/15-1701)  (from Ch. 110, par. 15-1701)
    Sec. 15-1701. Right to possession.
    (a) General. The provisions of this Article shall govern
the right to possession of the mortgaged real estate during
foreclosure. Possession under this Article includes physical
possession of the mortgaged real estate to the same extent to
which the mortgagor, absent the foreclosure, would have been
entitled to physical possession. For the purposes of Part 17,
real estate is residential real estate only if it is
residential real estate at the time the foreclosure is
commenced.
    (b) Pre-Judgment. Prior to the entry of a judgment of
foreclosure:
        (1) In the case of residential real estate, the
    mortgagor shall be entitled to possession of the real
    estate except if (i) the mortgagee shall object and show
    good cause, (ii) the mortgagee is so authorized by the
    terms of the mortgage or other written instrument, and
    (iii) the court is satisfied that there is a reasonable
    probability that the mortgagee will prevail on a final
    hearing of the cause, the court shall upon request place
    the mortgagee in possession. If the residential real estate
    consists of more than one dwelling unit, then for the
    purpose of this Part residential real estate shall mean
    only that dwelling unit or units occupied by persons
    described in clauses (i), (ii) and (iii) of Section
    15-1219.
        (2) In all other cases, if (i) the mortgagee is so
    authorized by the terms of the mortgage or other written
    instrument, and (ii) the court is satisfied that there is a
    reasonable probability that the mortgagee will prevail on a
    final hearing of the cause, the mortgagee shall upon
    request be placed in possession of the real estate, except
    that if the mortgagor shall object and show good cause, the
    court shall allow the mortgagor to remain in possession.
    (c) Judgment Through 30 Days After Sale Confirmation. After
the entry of a judgment of foreclosure and through the 30th day
after a foreclosure sale is confirmed:
        (1) Subsection (b) of Section 15-1701 shall be
    applicable, regardless of the provisions of the mortgage or
    other instrument, except that after a sale pursuant to the
    judgment the holder of the certificate of sale (or, if
    none, the purchaser at the sale) shall have the mortgagee's
    right to be placed in possession, with all rights and
    duties of a mortgagee in possession under this Article.
        (2) Notwithstanding paragraph (1) of subsection (b)
    and paragraph (1) of subsection (c) of Section 15-1701,
    upon request of the mortgagee, a mortgagor of residential
    real estate shall not be allowed to remain in possession
    between the expiration of the redemption period and through
    the 30th day after sale confirmation unless (i) the
    mortgagor pays to the mortgagee or such holder or
    purchaser, whichever is applicable, monthly the lesser of
    the interest due under the mortgage calculated at the
    mortgage rate of interest applicable as if no default had
    occurred or the fair rental value of the real estate, or
    (ii) the mortgagor otherwise shows good cause. Any amounts
    paid by the mortgagor pursuant to this subsection shall be
    credited against the amounts due from the mortgagor.
    (d) After 30 Days After Sale Confirmation. The holder of
the certificate of sale or deed issued pursuant to that
certificate or, if no certificate or deed was issued, the
purchaser, except to the extent the holder or purchaser may
consent otherwise, shall be entitled to possession of the
mortgaged real estate, as of the date 30 days after the order
confirming the sale is entered, against those parties to the
foreclosure whose interests the court has ordered terminated,
without further notice to any party, further order of the
court, or resort to proceedings under any other statute other
than this Article. This right to possession shall be limited by
the provisions governing entering and enforcing orders of
possession under subsection (g) of Section 15-1508. If the
holder or purchaser determines that there are occupants of the
mortgaged real estate who have not been made parties to the
foreclosure and had their interests terminated therein, the
holder or purchaser may bring an eviction a proceeding under
subsection (h) of this Section, if applicable, or under Article
IX of this Code to terminate the rights of possession of any
such occupants. The holder or purchaser shall not be entitled
to proceed against any such occupant under Article IX of this
Code until after 30 days after the order confirming the sale is
entered.
    (e) Termination of Leases. A lease of all or any part of
the mortgaged real estate shall not be terminated automatically
solely by virtue of the entry into possession by (i) a
mortgagee or receiver prior to the entry of an order confirming
the sale, (ii) the holder of the certificate of sale, (iii) the
holder of the deed issued pursuant to that certificate, or (iv)
if no certificate or deed was issued, the purchaser at the
sale.
    (f) Other Statutes; Instruments. The provisions of this
Article providing for possession of mortgaged real estate shall
supersede any other inconsistent statutory provisions. In
particular, and without limitation, whenever a receiver is
sought to be appointed in any action in which a foreclosure is
also pending, a receiver shall be appointed only in accordance
with this Article. Except as may be authorized by this Article,
no mortgage or other instrument may modify or supersede the
provisions of this Article.
    (g) Certain Leases. Leases of the mortgaged real estate
entered into by a mortgagee in possession or a receiver and
approved by the court in a foreclosure shall be binding on all
parties, including the mortgagor after redemption, the
purchaser at a sale pursuant to a judgment of foreclosure and
any person acquiring an interest in the mortgaged real estate
after entry of a judgment of foreclosure in accordance with
Sections 15-1402 and 15-1403.
    (h) Proceedings Against Certain Occupants.
        (1) The mortgagee-in-possession of the mortgaged real
    estate under Section 15-1703, a receiver appointed under
    Section 15-1704, a holder of the certificate of sale or
    deed, or the purchaser may, at any time during the pendency
    of the foreclosure and up to 90 days after the date of the
    order confirming the sale, file a supplemental eviction
    petition for possession against a person not personally
    named as a party to the foreclosure. This subsection (h)
    does not apply to any lessee with a bona fide lease of a
    dwelling unit in residential real estate in foreclosure.
        (2) The supplemental eviction petition for possession
    shall name each such occupant against whom an eviction
    order possession is sought and state the facts upon which
    the claim for relief is premised.
        (3) The petitioner shall serve upon each named occupant
    the petition, a notice of hearing on the petition, and, if
    any, a copy of the certificate of sale or deed. The
    eviction proceeding for the termination of such occupant's
    possessory interest, including service of the notice of the
    hearing and the petition, shall in all respects comport
    with the requirements of Article IX of this Code, except as
    otherwise specified in this Section. The hearing shall be
    no less than 21 days from the date of service of the
    notice.
        (4) The supplemental petition shall be heard as part of
    the foreclosure proceeding and without the payment of
    additional filing fees. An eviction order for possession
    obtained under this Section shall name each occupant whose
    interest has been terminated, shall recite that it is only
    effective as to the occupant so named and those holding
    under them, and shall be enforceable for no more than 120
    days after its entry, except that the 120-day period may be
    extended to the extent and in the manner provided in
    Section 9-117 of Article IX and except as provided in item
    (5) of this subsection (h).
        (5) In a case of foreclosure where the occupant is
    current on his or her rent, or where timely written notice
    of to whom and where the rent is to be paid has not been
    provided to the occupant, or where the occupant has made
    good-faith efforts to make rental payments in order to keep
    current, any eviction order of possession must allow the
    occupant to retain possession of the property covered in
    his or her rental agreement (i) for 120 days following the
    notice of the hearing on the supplemental petition that has
    been properly served upon the occupant, or (ii) through the
    duration of his or her lease, whichever is shorter,
    provided that if the duration of his or her lease is less
    than 30 days from the date of the order, the order shall
    allow the occupant to retain possession for 30 days from
    the date of the order. A mortgagee in possession, receiver,
    holder of a certificate of sale or deed, or purchaser at
    the judicial sale, who asserts that the occupant is not
    current in rent, shall file an affidavit to that effect in
    the supplemental petition proceeding. If the occupant has
    been given timely written notice of to whom and where the
    rent is to be paid, this item (5) shall only apply if the
    occupant continues to pay his or her rent in full during
    the 120-day period or has made good-faith efforts to pay
    the rent in full during that period.
        (6) The court records relating to a supplemental
    eviction petition for possession filed under this
    subsection (h) against an occupant who is entitled to
    notice under item (5) of this subsection (h), or relating
    to an eviction a forcible entry and detainer action brought
    against an occupant who would have lawful possession of the
    premises but for the foreclosure of a mortgage on the
    property, shall be ordered sealed and shall not be
    disclosed to any person, other than a law enforcement
    officer or any other representative of a governmental
    entity, except upon further order of the court.
    (i) Termination of bona fide leases. The holder of the
certificate of sale, the holder of the deed issued pursuant to
that certificate, or, if no certificate or deed was issued, the
purchaser at the sale shall not terminate a bona fide lease of
a dwelling unit in residential real estate in foreclosure
except pursuant to Article IX of this Code.
(Source: P.A. 98-514, eff. 11-19-13.)
 
    (735 ILCS 5/19-129)
    Sec. 19-129. Mobile homes. If the chattel which is the
subject of the replevin action is a mobile home and is occupied
by the defendant or other persons, the court may issue an
eviction a forcible order directing the sheriff to remove the
personal property of the defendant or occupants from the mobile
home if provided that the defendants and unknown occupants are
given notice of the plaintiff's intent to seek an eviction a
forcible order and that upon entry of the said order for
possession, the execution is stayed for a reasonable time as
determined by the court so as to allow the defendants and
unknown occupants to remove their property from the mobile
home.
(Source: P.A. 95-661, eff. 1-1-08.)
 
    Section 35. The Controlled Substance and Cannabis Nuisance
Act is amended by changing Section 11 as follows:
 
    (740 ILCS 40/11)  (from Ch. 100 1/2, par. 24)
    Sec. 11. (a) If any lessee or occupant, on one or more
occasions, shall use leased premises for the purpose of
unlawful possessing, serving, storing, manufacturing,
cultivating, delivering, using, selling or giving away
controlled substances or shall permit them to be used for any
such purposes, the lease or contract for letting such premises
shall, at the option of the lessor or the lessor's assignee,
become void, and the owner or the owner's assignee may notify
the lessee or occupant by posting a written notice at the
premises requiring the lessee or occupant to vacate the leased
premises on or before a date 5 days after the giving of the
notice. The notice shall state the basis for its issuance on
forms provided by the circuit court clerk of the county in
which the real property is located. The owner or owner's
assignee may have the like remedy to recover possession thereof
as against a tenant holding over after the expiration of his
term. The owner or lessor may bring an eviction a forcible
entry and detainer action, or assign to the State's Attorney of
the county in which the real property is located the right to
bring an eviction a forcible entry and detainer action on
behalf of the owner or lessor, against the lessee and all
occupants of the leased premises. The assignment must be in
writing on a form prepared by the State's Attorney of the
county in which the real property is located. If the owner or
lessor assigns the right to bring an eviction a forcible entry
and detainer action, the assignment shall be limited to those
rights and duties up to and including delivery of the order of
eviction to the sheriff for execution. The owner or lessor
remains liable for the cost of the eviction whether or not the
right to bring the eviction forcible entry and detainer action
has been assigned.
    (b) If a controlled substance is found or used anywhere in
the premises of an apartment, there is a rebuttable presumption
that the controlled substance was either used or possessed by a
lessee or occupant or that a lessee or occupant permitted the
premises to be used for that use or possession. A person shall
not forfeit his or her security deposit or any part of the
security deposit due solely to an eviction under the provisions
of the Act.
    (c) If a lessor or the lessor's assignee voids a contract
under the provisions of this Section, and a tenant or occupant
has not vacated the premises within 5 days after receipt of a
written notice to vacate the premises, the lessor or the
lessor's assignee may seek relief under Article IX of the Code
of Civil Procedure. Notwithstanding Sections 9-112, 9-113 and
9-114 of the Code of Civil Procedure, judgment for costs
against the plaintiff seeking eviction possession of the
premises under this Section shall not be awarded to the
defendant unless the action was brought by the plaintiff in bad
faith. An eviction action to possess premises under this
Section shall not be deemed to be in bad faith if where the
plaintiff based his or her cause of action on information
provided to him or her by a law enforcement agency or the
State's Attorney.
(Source: P.A. 89-82, eff. 6-30-95.)
 
    Section 40. The Condominium Property Act is amended by
changing Section 9.2 as follows:
 
    (765 ILCS 605/9.2)  (from Ch. 30, par. 309.2)
    Sec. 9.2. Other remedies.
    (a) In the event of any default by any unit owner, his
tenant, invitee or guest in the performance of his obligations
under this Act or under the declaration, bylaws, or the rules
and regulations of the board of managers, the board of managers
or its agents shall have such rights and remedies as provided
in the Act or condominium instruments including the right to
maintain an eviction action for possession against such
defaulting unit owner or his tenant for the benefit of all the
other unit owners in the manner prescribed by Article IX of the
Code of Civil Procedure.
    (b) Any attorneys' fees incurred by the Association arising
out of a default by any unit owner, his tenant, invitee or
guest in the performance of any of the provisions of the
condominium instruments, rules and regulations or any
applicable statute or ordinance shall be added to, and deemed a
part of, his respective share of the common expense.
    (c) Other than attorney's fees, no fees pertaining to the
collection of a unit owner's financial obligation to the
Association, including fees charged by a manager or managing
agent, shall be added to and deemed a part of an owner's
respective share of the common expenses unless: (i) the
managing agent fees relate to the costs to collect common
expenses for the Association; (ii) the fees are set forth in a
contract between the managing agent and the Association; and
(iii) the authority to add the management fees to an owner's
respective share of the common expenses is specifically stated
in the declaration or bylaws of the Association.
(Source: P.A. 94-384, eff. 1-1-06.)
 
    Section 45. The Landlord and Tenant Act is amended by
changing Section 5 as follows:
 
    (765 ILCS 705/5)
    Sec. 5. Class X felony by lessee or occupant.
    (a) If, after the effective date of this amendatory Act of
1995, any lessee or occupant is charged during his or her lease
or contract term with having committed an offense on the
premises constituting a Class X felony under the laws of this
State, upon a judicial finding of probable cause at a
preliminary hearing or indictment by a grand jury, the lease or
contract for letting the premises shall, at the option of the
lessor or the lessor's assignee, become void, and the owner or
the owner's assignee may notify the lessee or occupant by
posting a written notice at the premises requiring the lessee
or occupant to vacate the leased premises on or before a date 5
days after the giving of the notice. The notice shall state the
basis for its issuance on forms provided by the circuit court
clerk of the county in which the real property is located. The
owner or owner's assignee may have the same remedy to recover
possession of the premises as against a tenant holding over
after the expiration of his or her term. The owner or lessor
may bring an eviction a forcible entry and detainer action.
    (b) A person does not forfeit his or her security deposit
or any part of the security deposit due solely to an eviction
under the provisions of this Section.
    (c) If a lessor or the lessor's assignee voids a contract
under the provisions of this Section, and a tenant or occupant
has not vacated the premises within 5 days after receipt of a
written notice to vacate the premises, the lessor or the
lessor's assignee may seek relief under Article IX of the Code
of Civil Procedure. Notwithstanding Sections 9-112, 9-113, and
9-114 of the Code of Civil Procedure, judgment for costs
against the plaintiff seeking eviction possession of the
premises under this Section shall not be awarded to the
defendant unless the action was brought by the plaintiff in bad
faith. An eviction action to possess premises under this
Section shall not be deemed to be in bad faith if the plaintiff
based his or her cause of action on information provided to him
or her by a law enforcement agency or the State's Attorney.
    (d) The provisions of this Section are enforceable only if
the lessee or occupant and the owner or owner's assignee have
executed a lease addendum for drug free housing as promulgated
by the United States Department of Housing and Urban
Development or a substantially similar document.
(Source: P.A. 89-82, eff. 6-30-95.)
 
    Section 50. The Mobile Home Landlord and Tenant Rights Act
is amended by changing Section 16 as follows:
 
    (765 ILCS 745/16)  (from Ch. 80, par. 216)
    Sec. 16. Improper grounds for eviction. The following
conduct by a tenant shall not constitute grounds for eviction
or termination of the lease, nor shall an eviction order a
judgment for possession of the premises be entered against a
tenant:
    (a) As a reprisal for the tenant's effort to secure or
enforce any rights under the lease or the laws of the State of
Illinois, or its governmental subdivisions of the United
States;
    (b) As a reprisal for the tenant's good faith complaint to
a governmental authority of the park owner's alleged violation
of any health or safety law, regulation, code or ordinance, or
State law or regulation which has as its objective the
regulation of premises used for dwelling purposes;
    (c) As a reprisal for the tenant's being an organizer or
member of, or involved in any activities relative to a home
owners association.
(Source: P.A. 81-637.)
 
    Section 55. The Safe Homes Act is amended by changing
Section 15 as follows:
 
    (765 ILCS 750/15)
    Sec. 15. Affirmative defense.
    (a) In any action brought by a landlord against a tenant to
recover rent for breach of lease, a tenant shall have an
affirmative defense and not be liable for rent for the period
after which a tenant vacates the premises owned by the
landlord, if by preponderance of the evidence, the court finds
that:
        (1) at the time that the tenant vacated the premises,
    the tenant or a member of tenant's household was under a
    credible imminent threat of domestic or sexual violence at
    the premises; and
        (2) the tenant gave written notice to the landlord
    prior to or within 3 days of vacating the premises that the
    reason for vacating the premises was because of a credible
    imminent threat of domestic or sexual violence against the
    tenant or a member of the tenant's household.
    (b) In any action brought by a landlord against a tenant to
recover rent for breach of lease, a tenant shall have an
affirmative defense and not be liable for rent for the period
after which the tenant vacates the premises owned by the
landlord, if by preponderance of the evidence, the court finds
that:
        (1) a tenant or a member of tenant's household was a
    victim of sexual violence on the premises that is owned or
    controlled by a landlord and the tenant has vacated the
    premises as a result of the sexual violence; and
        (2) the tenant gave written notice to the landlord
    prior to or within 3 days of vacating the premises that the
    reason for vacating the premises was because of the sexual
    violence against the tenant or member of the tenant's
    household, the date of the sexual violence, and that the
    tenant provided at least one form of the following types of
    evidence to the landlord supporting the claim of the sexual
    violence: medical, court or police evidence of sexual
    violence; or statement from an employee of a victim
    services or rape crisis organization from which the tenant
    or a member of the tenant's household sought services; and
        (3) the sexual violence occurred not more than 60 days
    prior to the date of giving the written notice to the
    landlord, or if the circumstances are such that the tenant
    cannot reasonably give notice because of reasons related to
    the sexual violence, such as hospitalization or seeking
    assistance for shelter or counseling, then as soon
    thereafter as practicable. Nothing in this subsection (b)
    shall be construed to be a defense against an eviction
    action in forcible entry and detainer for failure to pay
    rent before the tenant provided notice and vacated the
    premises.
    (c) Nothing in this Act shall be construed to be a defense
against an action for rent for a period of time before the
tenant vacated the landlord's premises and gave notice to the
landlord as required in subsection (b).
(Source: P.A. 94-1038, eff. 1-1-07.)
INDEX
Statutes amended in order of appearance
    55 ILCS 5/4-5001from Ch. 34, par. 4-5001
    55 ILCS 5/4-12001from Ch. 34, par. 4-12001
    55 ILCS 5/4-12001.1from Ch. 34, par. 4-12001.1
    65 ILCS 5/1-2-11from Ch. 24, par. 1-2-11
    65 ILCS 5/11-31-2.2from Ch. 24, par. 11-31-2.2
    65 ILCS 5/11-31.1-8from Ch. 24, par. 11-31.1-8
    330 ILCS 63/35
    415 ILCS 5/44.1from Ch. 111 1/2, par. 1044.1
    705 ILCS 105/27.1afrom Ch. 25, par. 27.1a
    705 ILCS 105/27.2from Ch. 25, par. 27.2
    705 ILCS 105/27.2afrom Ch. 25, par. 27.2a
    735 ILCS 5/2-202from Ch. 110, par. 2-202
    735 ILCS 5/2-1501from Ch. 110, par. 2-1501
    735 ILCS 5/8-1208from Ch. 110, par. 8-1208
    735 ILCS 5/Art. IX heading
    735 ILCS 5/9-104.1from Ch. 110, par. 9-104.1
    735 ILCS 5/9-104.2from Ch. 110, par. 9-104.2
    735 ILCS 5/9-107from Ch. 110, par. 9-107
    735 ILCS 5/9-107.5
    735 ILCS 5/9-107.10
    735 ILCS 5/9-109.5
    735 ILCS 5/9-109.7
    735 ILCS 5/9-111from Ch. 110, par. 9-111
    735 ILCS 5/9-111.1
    735 ILCS 5/9-117from Ch. 110, par. 9-117
    735 ILCS 5/9-118from Ch. 110, par. 9-118
    735 ILCS 5/9-119
    735 ILCS 5/9-120
    735 ILCS 5/9-121
    735 ILCS 5/9-207from Ch. 110, par. 9-207
    735 ILCS 5/9-208from Ch. 110, par. 9-208
    735 ILCS 5/9-209from Ch. 110, par. 9-209
    735 ILCS 5/12-903from Ch. 110, par. 12-903
    735 ILCS 5/15-1504.5
    735 ILCS 5/15-1508from Ch. 110, par. 15-1508
    735 ILCS 5/15-1701from Ch. 110, par. 15-1701
    735 ILCS 5/19-129
    740 ILCS 40/11from Ch. 100 1/2, par. 24
    765 ILCS 605/9.2from Ch. 30, par. 309.2
    765 ILCS 705/5
    765 ILCS 745/16from Ch. 80, par. 216
    765 ILCS 750/15