093_HB1534eng HB1534 Engrossed LRB093 06668 MKM 06802 b 1 AN ACT concerning fees. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Counties Code is amended by changing 5 Section 4-5001 as follows: 6 (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001) 7 Sec. 4-5001. Sheriffs; counties of first and second 8 class. The fees of sheriffs in counties of the first and 9 second class, except when increased by county ordinance under 10 this Section, shall be as follows: 11 For serving or attempting to serve summons on each 12 defendant in each county, $10. 13 For serving or attempting to serve an order or judgment 14 granting injunctional relief in each county, $10. 15 For serving or attempting to serve each garnishee in each 16 county, $10. 17 For serving or attempting to serve an order for replevin 18 in each county, $10. 19 For serving or attempting to serve an order for 20 attachment on each defendant in each county, $10. 21 For serving or attempting to serve a warrant of arrest, 22 $8, to be paid upon conviction. 23 For returning a defendant from outside the State of 24 Illinois, upon conviction, the court shall assess, as court 25 costs, the cost of returning a defendant to the jurisdiction. 26 For taking special bail, $1 in each county. 27 For serving or attempting to serve a subpoena on each 28 witness, in each county, $10. 29 For advertising property for sale, $5. 30 For returning each process, in each county, $5. 31 Mileage for each mile of necessary travel to serve any HB1534 Engrossed -2- LRB093 06668 MKM 06802 b 1 such process as Stated above, calculating from the place of 2 holding court to the place of residence of the defendant, or 3 witness, 50¢ each way. 4 For summoning each juror, $3 with 30¢ mileage each way in 5 all counties. 6 For serving or attempting to serve notice of judgments or 7 levying to enforce a judgment, $3 with 50¢ mileage each way 8 in all counties. 9 For taking possession of and removing property levied on, 10 the officer shall be allowed to tax the actual cost of such 11 possession or removal. 12 For feeding each prisoner, such compensation to cover the 13 actual cost as may be fixed by the county board, but such 14 compensation shall not be considered a part of the fees of 15 the office. 16 For attending before a court with prisoner, on an order 17 for habeas corpus, in each county, $10 per day. 18 For attending before a court with a prisoner in any 19 criminal proceeding, in each county, $10 per day. 20 For each mile of necessary travel in taking such prisoner 21 before the court as Stated above, 15¢ a mile each way. 22 For serving or attempting to serve an order or judgment 23 for the possession of real estate in an action of ejectment 24 or in any other action, or for restitution in an action of 25 forcible entry and detainer without aid, $10 and when aid is 26 necessary, the sheriff shall be allowed to tax in addition 27 the actual costs thereof, and for each mile of necessary 28 travel, 50¢ each way. 29 For executing and acknowledging a deed of sale of real 30 estate, in counties of first class, $4; second class, $4. 31 For preparing, executing and acknowledging a deed on 32 redemption from a court sale of real estate in counties of 33 first class, $5; second class, $5. 34 For making certificates of sale, and making and filing HB1534 Engrossed -3- LRB093 06668 MKM 06802 b 1 duplicate, in counties of first class, $3; in counties of the 2 second class, $3. 3 For making certificate of redemption, $3. 4 For certificate of levy and filing, $3, and the fee for 5 recording shall be advanced by the judgment creditor and 6 charged as costs. 7 For taking all bonds on legal process, civil and 8 criminal, in counties of first class, $1; in second class, 9 $1. 10 For executing copies in criminal cases, $4 and mileage 11 for each mile of necessary travel, 20¢ each way. 12 For executing requisitions from other States, $5. 13 For conveying each prisoner from the prisoner's own 14 county to the jail of another county, or from another county 15 to the jail of the prisoner's county, per mile, for going, 16 only, 30¢. 17 For conveying persons to the penitentiary, reformatories, 18 Illinois State Training School for Boys, Illinois State 19 Training School for Girls and Reception Centers, the 20 following fees, payable out of the State Treasury. For each 21 person who is conveyed, 35¢ per mile in going only to the 22 penitentiary, reformatory, Illinois State Training School for 23 Boys, Illinois State Training School for Girls and Reception 24 Centers, from the place of conviction. 25 The fees provided for transporting persons to the 26 penitentiary, reformatories, Illinois State Training School 27 for Boys, Illinois State Training School for Girls and 28 Reception Centers shall be paid for each trip so made. 29 Mileage as used in this Section means the shortest practical 30 route, between the place from which the person is to be 31 transported, to the penitentiary, reformatories, Illinois 32 State Training School for Boys, Illinois State Training 33 School for Girls and Reception Centers and all fees per mile 34 shall be computed on such basis. HB1534 Engrossed -4- LRB093 06668 MKM 06802 b 1 For conveying any person to or from any of the charitable 2 institutions of the State, when properly committed by 3 competent authority, when one person is conveyed, 35¢ per 4 mile; when two persons are conveyed at the same time, 35¢ per 5 mile for the first person and 20¢ per mile for the second 6 person; and 10¢ per mile for each additional person. 7 For conveying a person from the penitentiary to the 8 county jail when required by law, 35¢ per mile. 9 For attending Supreme Court, $10 per day. 10 In addition to the above fees there shall be allowed to 11 the sheriff a fee of $600 for the sale of real estate which 12 is made by virtue of any judgment of a court, except that in 13 the case of a sale of unimproved real estate which sells for 14 $10,000 or less, the fee shall be $150. In addition to this 15 fee and all other fees provided by this Section, there shall 16 be allowed to the sheriff a fee in accordance with the 17 following schedule for the sale of personal estate which is 18 made by virtue of any judgment of a court: 19 For judgments up to $1,000, $75; 20 For judgments from $1,001 to $15,000, $150; 21 For judgments over $15,000, $300. 22 The foregoing fees allowed by this Section are the 23 maximum fees that may be collected from any officer, agency, 24 department or other instrumentality of the State. The county 25 board may, however, by ordinance, increase the fees allowed 26 by this Section and collect those increased fees from all 27 persons and entities other than officers, agencies, 28 departments and other instrumentalities of the State if the 29 increase is justified by an acceptable cost study showing 30 that the fees allowed by this Section are not sufficient to 31 cover the costs of providing the service. A statement of the 32 costs of providing each service, program and activity shall 33 be prepared by the county board. All supporting documents 34 shall be public records and subject to public examination and HB1534 Engrossed -5- LRB093 06668 MKM 06802 b 1 audit. All direct and indirect costs, as defined in the 2 United States Office of Management and Budget Circular A-87, 3 may be included in the determination of the costs of each 4 service, program and activity. 5 In all cases where the judgment is settled by the 6 parties, replevied, stopped by injunction or paid, or where 7 the property levied upon is not actually sold, the sheriff 8 shall be allowed his fee for levying and mileage, together 9 with half the fee for all money collected by him which he 10 would be entitled to if the same was made by sale to enforce 11 the judgment. In no case shall the fee exceed the amount of 12 money arising from the sale. 13 The sheriff shall, in all cases, be entitled to demand 14 the payment of all fees for services in advance, so far as 15 the fee can be ascertained. 16 The fee requirements of this Section do not apply to 17 police departments or other law enforcement agencies. For 18 the purposes of this Section, "law enforcement agency" means 19 an agency of the State or unit of local government which is 20 vested by law or ordinance with the duty to maintain public 21 order end to enforce criminal laws. 22 (Source: P.A. 91-94, eff. 1-1-00.)