093_SB0199enr SB199 Enrolled LRB093 06333 DRJ 06452 b 1 AN ACT in relation to health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Mental Health and Developmental 5 Disabilities Code is amended by changing Sections 1-119, 6 2-107.1, and 3-802 and adding Section 1-129 as follows: 7 (405 ILCS 5/1-119) (from Ch. 91 1/2, par. 1-119) 8 Sec. 1-119. "Person subject to involuntary admission" 9 means: 10 (1) A person with mental illness and who because of 11 his or her illness is reasonably expected to inflict 12 serious physical harm upon himself or herself or another 13 in the near future which may include threatening behavior 14 or conduct that places another individual in reasonable 15 expectation of being harmed; or 16 (2) A person with mental illness and who because of 17 his or her illness is unable to provide for his or her 18 basic physical needs so as to guard himself or herself 19 from serious harm without the assistance of family or 20 outside help. 21 In determining whether a person meets the criteria 22 specified in paragraph (1) or (2), the court may consider 23 evidence of the person's repeated past pattern of specific 24 behavior and actions related to the person's illness. 25 (Source: P.A. 91-726, eff. 6-2-00.) 26 (405 ILCS 5/1-129 new) 27 Sec. 1-129. Mental illness. "Mental illness" means a 28 mental, or emotional disorder that substantially impairs a 29 person's thought, perception of reality, emotional process, 30 judgment, behavior, or ability to cope with the ordinary SB199 Enrolled -2- LRB093 06333 DRJ 06452 b 1 demands of life, but does not include a developmental 2 disability, dementia or Alzheimer's disease absent psychosis, 3 a substance abuse disorder, or an abnormality manifested only 4 by repeated criminal or otherwise antisocial conduct. 5 (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1) 6 Sec. 2-107.1. Administration of authorized involuntary 7 treatment upon application to a court. 8 (a) An adult recipient of services and the recipient's 9 guardian, if the recipient is under guardianship, and the 10 substitute decision maker, if any, shall be informed of the 11 recipient's right to refuse medication. The recipient and the 12 recipient's guardian or substitute decision maker shall be 13 given the opportunity to refuse generally accepted mental 14 health or developmental disability services, including but 15 not limited to medication. 16 (a-5) Notwithstanding the provisions of Section 2-107 of 17 this Code, authorized involuntary treatment may be 18 administered to an adult recipient of services without the 19 informed consent of the recipient under the following 20 standards: 21 (1) Any person 18 years of age or older, including 22 any guardian, may petition the circuit court for an order 23 authorizing the administration of authorized involuntary 24 treatment to a recipient of services. The petition shall 25 state that the petitioner has made a good faith attempt 26 to determine whether the recipient has executed a power 27 of attorney for health care under the Powers of Attorney 28 for Health Care Law or a declaration for mental health 29 treatment under the Mental Health Treatment Preference 30 Declaration Act and to obtain copies of these instruments 31 if they exist. If either of the above-named instruments 32 is available to the petitioner, the instrument or a copy 33 of the instrument shall be attached to the petition as an SB199 Enrolled -3- LRB093 06333 DRJ 06452 b 1 exhibit. The petitioner shall deliver a copy of the 2 petition, and notice of the time and place of the 3 hearing, to the respondent, his or her attorney, any 4 known agent or attorney-in-fact, if any, and the 5 guardian, if any, no later than 3 days prior to the date 6 of the hearing. Service of the petition and notice of the 7 time and place of the hearing may be made by transmitting 8 them via facsimile machine to the respondent or other 9 party. Upon receipt of the petition and notice, the 10 party served, or the person delivering the petition and 11 notice to the party served, shall acknowledge service. 12 If the party sending the petition and notice does not 13 receive acknowledgement of service within 24 hours, 14 service must be made by personal service. 15 The petition may include a request that the court 16 authorize such testing and procedures as may be essential 17 for the safe and effective administration of the 18 authorized involuntary treatment sought to be 19 administered, but only where the petition sets forth the 20 specific testing and procedures sought to be 21 administered. 22 If a hearing is requested to be held immediately 23 following the hearing on a petition for involuntary 24 admission, then the notice requirement shall be the same 25 as that for the hearing on the petition for involuntary 26 admission, and the petition filed pursuant to this 27 Section shall be filed with the petition for involuntary 28 admission. 29 (2) The court shall hold a hearing within 7 days of 30 the filing of the petition. The People, the petitioner, 31 or the respondent shall be entitled to a continuance of 32 up to 7 days as of right. An additional continuance of 33 not more than 7 days may be granted to any party (i) upon 34 a showing that the continuance is needed in order to SB199 Enrolled -4- LRB093 06333 DRJ 06452 b 1 adequately prepare for or present evidence in a hearing 2 under this Section or (ii) under exceptional 3 circumstances. The court may grant an additional 4 continuance not to exceed 21 days when, in its 5 discretion, the court determines that such a continuance 6 is necessary in order to provide the recipient with an 7 examination pursuant to Section 3-803 or 3-804 of this 8 Act, to provide the recipient with a trial by jury as 9 provided in Section 3-802 of this Act, or to arrange for 10 the substitution of counsel as provided for by the 11 Illinois Supreme Court Rules. The hearing shall be 12 separate from a judicial proceeding held to determine 13 whether a person is subject to involuntary admission but 14 may be heard immediately preceding or following such a 15 judicial proceeding and may be heard by the same trier of 16 fact or law as in that judicial proceeding. 17 (3) Unless otherwise provided herein, the 18 procedures set forth in Article VIII of Chapter 3 of this 19 Act, including the provisions regarding appointment of 20 counsel, shall govern hearings held under this subsection 21 (a-5). 22 (4) Authorized involuntary treatment shall not be 23 administered to the recipient unless it has been 24 determined by clear and convincing evidence that all of 25 the following factors are present: 26 (A) That the recipient has a serious mental 27 illness or developmental disability. 28 (B) That because of said mental illness or 29 developmental disability, the recipient currently 30 exhibits any one of the following: (i) deterioration 31 of his or her ability to function, as compared to 32 the recipient's ability to function prior to the 33 current onset of symptoms of the mental illness or 34 disability for which treatment is presently sought, SB199 Enrolled -5- LRB093 06333 DRJ 06452 b 1 (ii) suffering, or (iii) threatening behavior. 2 (C) That the illness or disability has existed 3 for a period marked by the continuing presence of 4 the symptoms set forth in item (B) of this 5 subdivision (4) or the repeated episodic occurrence 6 of these symptoms. 7 (D) That the benefits of the treatment 8 outweigh the harm. 9 (E) That the recipient lacks the capacity to 10 make a reasoned decision about the treatment. 11 (F) That other less restrictive services have 12 been explored and found inappropriate. 13 (G) If the petition seeks authorization for 14 testing and other procedures, that such testing and 15 procedures are essential for the safe and effective 16 administration of the treatment. 17 (5) In no event shall an order issued under this 18 Section be effective for more than 90 days. A second 19 90-day period of involuntary treatment may be authorized 20 pursuant to a hearing that complies with the standards 21 and procedures of this subsection (a-5). Thereafter, 22 additional 180-day periods of involuntary treatment may 23 be authorized pursuant to the standards and procedures of 24 this Section without limit. If a new petition to 25 authorize the administration of authorized involuntary 26 treatment is filed at least 15 days prior to the 27 expiration of the prior order, and if any continuance of 28 the hearing is agreed to by the recipient, the 29 administration of the treatment may continue in 30 accordance with the prior order pending the completion of 31 a hearing under this Section. 32 (6) An order issued under this subsection (a-5) 33 shall designate the persons authorized to administer the 34 authorized involuntary treatment under the standards and SB199 Enrolled -6- LRB093 06333 DRJ 06452 b 1 procedures of this subsection (a-5). Those persons shall 2 have complete discretion not to administer any treatment 3 authorized under this Section. The order shall also 4 specify the medications and the anticipated range of 5 dosages that have been authorized and may include a list 6 of any alternative medications and range of dosages 7 deemed necessary. 8 (b) A guardian may be authorized to consent to the 9 administration of authorized involuntary treatment to an 10 objecting recipient only under the standards and procedures 11 of subsection (a-5). 12 (c) Notwithstanding any other provision of this Section, 13 a guardian may consent to the administration of authorized 14 involuntary treatment to a non-objecting recipient under 15 Article XIa of the Probate Act of 1975. 16 (d) Nothing in this Section shall prevent the 17 administration of authorized involuntary treatment to 18 recipients in an emergency under Section 2-107 of this Act. 19 (e) Notwithstanding any of the provisions of this 20 Section, authorized involuntary treatment may be administered 21 pursuant to a power of attorney for health care under the 22 Powers of Attorney for Health Care Law or a declaration for 23 mental health treatment under the Mental Health Treatment 24 Preference Declaration Act. 25 (Source: P.A. 91-726, eff. 6-2-00; 91-787, eff. 1-1-01; 26 92-16, eff. 6-28-01.) 27 (405 ILCS 5/3-802) (from Ch. 91 1/2, par. 3-802) 28 Sec. 3-802. The respondent is entitled to a jury on the 29 question of whether he is subject to involuntary admission. 30 The jury shall consist of 6 persons to be chosen in the same 31 manner as are jurors in other civil proceedings. A respondent 32 is not entitled to a jury on the question of whether 33 authorized involuntary treatment may be administered under SB199 Enrolled -7- LRB093 06333 DRJ 06452 b 1 Section 2-107.1. 2 (Source: P.A. 80-1414.) 3 Section 10. The Clerks of Courts Act is amended by 4 changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows: 5 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1) 6 Sec. 27.1. The fees of the Clerk of the Circuit Court in 7 all counties having a population of 180,000 inhabitants or 8 less shall be paid in advance, except as otherwise provided, 9 and shall be as follows: 10 (a) Civil Cases. 11 (1) All civil cases except as otherwise 12 provided........................................... $40 13 (2) Judicial Sales (except Probate).......... $40 14 (b) Family. 15 (1)Commitment petitions under the Mental16Health and Developmental Disabilities Code, Filing17transcript of commitment proceedings held in18another county, andCases under the Juvenile Court 19 Act of 1987........................................ $25 20 (2) Petition for Marriage Licenses........... $10 21 (3) Marriages in Court....................... $10 22 (4) Paternity................................ $40 23 (c) Criminal and Quasi-Criminal. 24 (1) Each person convicted of a felony........ $40 25 (2) Each person convicted of a misdemeanor, 26 leaving scene of an accident, driving while 27 intoxicated, reckless driving or drag racing, 28 driving when license revoked or suspended, 29 overweight, or no interstate commerce certificate, 30 or when the disposition is court supervision....... $25 31 (3) Each person convicted of a business 32 offense............................................ $25 SB199 Enrolled -8- LRB093 06333 DRJ 06452 b 1 (4) Each person convicted of a petty offense. $25 2 (5) Minor traffic, conservation, or 3 ordinance violation, including without limitation 4 when the disposition is court supervision: 5 (i) For each offense.................... $10 6 (ii) For each notice sent to the 7 defendant's last known address pursuant to 8 subsection (c) of Section 6-306.4 of the Illinois 9 Vehicle Code....................................... $2 10 (iii) For each notice sent to the 11 Secretary of State pursuant to subsection (c) of 12 Section 6-306.4 of the Illinois Vehicle Code....... $2 13 (6) When Court Appearance required........... $15 14 (7) Motions to vacate or amend final orders.. $10 15 (8) In ordinance violation cases punishable 16 by fine only, the clerk of the circuit court shall 17 be entitled to receive, unless the fee is excused 18 upon a finding by the court that the defendant is 19 indigent, in addition to other fees or costs 20 allowed or imposed by law, the sum of $62.50 as a 21 fee for the services of a jury. The jury fee shall 22 be paid by the defendant at the time of filing his 23 or her jury demand. If the fee is not so paid by 24 the defendant, no jury shall be called, and the 25 case shall be tried by the court without a jury. 26 (d) Other Civil Cases. 27 (1) Money or personal property claimed does 28 not exceed $500.................................... $10 29 (2) Exceeds $500 but not more than $10,000... $25 30 (3) Exceeds $10,000, when relief in addition 31 to or supplemental to recovery of money alone is 32 sought in an action to recover personal property 33 taxes or retailers occupational tax regardless of 34 amount claimed..................................... $45 SB199 Enrolled -9- LRB093 06333 DRJ 06452 b 1 (4) The Clerk of the Circuit Court shall be 2 entitled to receive, in addition to other fees 3 allowed by law, the sum of $62.50, as a fee for the 4 services of a jury in every civil action not 5 quasi-criminal in its nature and not a proceeding 6 for the exercise of the right of eminent domain, 7 and in every equitable action wherein the right of 8 trial by jury is or may be given by law. The jury 9 fee shall be paid by the party demanding a jury at 10 the time of filing his jury demand. If such a fee 11 is not paid by either party, no jury shall be 12 called in the action, suit, or proceeding, and the 13 same shall be tried by the court without a jury. 14 (e) Confession of judgment and answer. 15 (1) When the amount does not exceed $1,000... $20 16 (2) Exceeds $1,000........................... $40 17 (f) Auxiliary Proceedings. 18 Any auxiliary proceeding relating to the 19 collection of a money judgment, including 20 garnishment, citation, or wage deduction action.... $5 21 (g) Forcible entry and detainer. 22 (1) For possession only or possession and 23 rent not in excess of $10,000...................... $10 24 (2) For possession and rent in excess of 25 $10,000............................................ $40 26 (h) Eminent Domain. 27 (1) Exercise of Eminent Domain............... $45 28 (2) For each and every lot or tract of land 29 or right or interest therein subject to be 30 condemned, the damages in respect to which shall 31 require separate assessments by a jury............. $45 32 (i) Reinstatement. 33 Each case including petition for modification 34 of a judgment or order of Court if filed later than SB199 Enrolled -10- LRB093 06333 DRJ 06452 b 1 30 days after the entry of a judgment or order, 2 except in forcible entry and detainer cases and 3 small claims and except a petition to modify, 4 terminate, or enforce a judgement or order for 5 child or spousal support or to modify, suspend, or 6 terminate an order for withholding, petition to 7 vacate judgment of dismissal for want of 8 prosecution whenever filed, petition to reopen an 9 estate, or redocketing of any cause................ $20 10 (j) Probate. 11 (1) Administration of decedent's estates, 12 whether testate or intestate, guardianships of the 13 person or estate or both of a person under legal 14 disability, guardianships of the person or estate 15 or both of a minor or minors, or petitions to sell 16 real estate in the administration of any estate.... $50 17 (2) Small estates in cases where the real and 18 personal property of an estate does not exceed 19 $5,000............................................. $25 20 (3) At any time during the administration of 21 the estate, however, at the request of the Clerk, 22 the Court shall examine the record of the estate 23 and the personal representative to determine the 24 total value of the real and personal property of 25 the estate, and if such value exceeds $5,000 shall 26 order the payment of an additional fee in the 27 amount of.......................................... $40 28 (4) Inheritance tax proceedings.............. $15 29 (5) Issuing letters only for a certain 30 specific reason other than the administration of an 31 estate, including but not limited to the release of 32 mortgage; the issue of letters of guardianship in 33 order that consent to marriage may be granted or 34 for some other specific reason other than for the SB199 Enrolled -11- LRB093 06333 DRJ 06452 b 1 care of property or person; proof of heirship 2 without administration; or when a will is to be 3 admitted to probate, but the estate is to be 4 settled without administration..................... $10 5 (6) When a separate complaint relating to any 6 matter other than a routine claim is filed in an 7 estate, the required additional fee shall be 8 charged for such filing............................ $45 9 (k) Change of Venue. 10 From a court, the charge is the same amount as 11 the original filing fee; however, the fee for 12 preparation and certification of record on change 13 of venue, when original documents or copies are 14 forwarded.......................................... $10 15 (l) Answer, adverse pleading, or appearance. 16 In civil cases................................ $15 17 With the following exceptions: 18 (1) When the amount does not exceed $500..... $5 19 (2) When amount exceeds $500 but not $10,000. $10 20 (3) When amount exceeds $10,000.............. $15 21 (4) Court appeals when documents are 22 forwarded, over 200 pages, additional fee per page 23 over 200........................................... 10¢ 24 (m) Tax objection complaints. 25 For each tax objection complaint containing 26 one or more tax objections, regardless of the 27 number of parcels involved or the number of 28 taxpayers joining the complaint.................... $10 29 (n) Tax deed. 30 (1) Petition for tax deed, if only one parcel 31 is involved........................................ $45 32 (2) For each additional parcel involved, an 33 additional fee of.................................. $10 34 (o) Mailing Notices and Processes. SB199 Enrolled -12- LRB093 06333 DRJ 06452 b 1 (1) All notices that the clerk is required to 2 mail as first class mail........................... $2 3 (2) For all processes or notices the Clerk is 4 required to mail by certified or registered mail, 5 the fee will be $2 plus cost of postage. 6 (p) Certification or Authentication. 7 (1) Each certification or authentication for 8 taking the acknowledgement of a deed or other 9 instrument in writing with seal of office.......... $2 10 (2) Court appeals when original documents are 11 forwarded, 100 pages or under, plus delivery costs. $25 12 (3) Court appeals when original documents are 13 forwarded, over 100 pages, plus delivery costs..... $60 14 (4) Court appeals when original documents are 15 forwarded, over 200 pages, additional fee per page 16 over 200........................................... 10¢ 17 (q) Reproductions. 18 Each record of proceedings and judgment, 19 whether on appeal, change of venue, certified 20 copies of orders and judgments, and all other 21 instruments, documents, records, or papers: 22 (1) First page.......................... $1 23 (2) Next 19 pages, per page............. 50¢ 24 (3) All remaining pages, per page....... 25¢ 25 (r) Counterclaim. 26 When any defendant files a counterclaim as 27 part of his or her answer or otherwise, or joins 28 another party as a third party defendant, or both, 29 he or she shall pay a fee for each such 30 counterclaim or third party action in an amount 31 equal to the fee he or she would have had to pay 32 had he or she brought a separate action for the 33 relief sought in the counterclaim or against the 34 third party defendant, less the amount of the SB199 Enrolled -13- LRB093 06333 DRJ 06452 b 1 appearance fee, if that has been paid. 2 (s) Transcript of Judgment. 3 From a court, the same fee as if case 4 originally filed. 5 (t) Publications. 6 The cost of publication shall be paid directly 7 to the publisher by the person seeking the 8 publication, whether the clerk is required by law 9 to publish, or the parties to the action. 10 (u) Collections. 11 (1) For all collections made for others, 12 except the State and County and except in 13 maintenance or child support cases, a sum equal to 14 2% of the amount collected and turned over. 15 (2) In any cases remanded to the Circuit 16 Court from the Supreme Court or the Appellate 17 Court, the Clerk shall file the remanding order and 18 reinstate the case with either its original number 19 or a new number. The Clerk shall not charge any 20 new or additional fee for the reinstatement. Upon 21 reinstatement the Clerk shall advise the parties of 22 the reinstatement. A party shall have the same 23 right to a jury trial on remand and reinstatement 24 as he or she had before the appeal, and no 25 additional or new fee or charge shall be made for a 26 jury trial after remand. 27 (3) In maintenance and child support matters, 28 the Clerk may deduct from each payment an amount 29 equal to the United States postage to be used in 30 mailing the maintenance or child support check to 31 the recipient. In such cases, the Clerk shall 32 collect an annual fee of up to $36 from the person 33 making such payment for maintaining child support 34 records and the processing of support orders to the SB199 Enrolled -14- LRB093 06333 DRJ 06452 b 1 State of Illinois KIDS system and the recording of 2 payments issued by the State Disbursement Unit for 3 the official record of the Court. Such sum shall be 4 in addition to and separate from amounts ordered to 5 be paid as maintenance or child support and shall 6 be deposited in a separate Maintenance and Child 7 Support Collection Fund of which the Clerk shall be 8 the custodian, ex officio, to be used by the Clerk 9 to maintain child support orders and record all 10 payments issued by the State Disbursement Unit for 11 the official record of the Court. Unless paid in 12 cash or pursuant to an order for withholding, the 13 payment of the fee shall be by a separate 14 instrument from the support payment and shall be 15 made to the order of the Clerk. The Clerk may 16 recover from the person making the maintenance or 17 child support payment any additional cost incurred 18 in the collection of this annual fee. 19 (4) Interest earned on any funds held by the 20 clerk shall be turned over to the county general 21 fund as an earning of the office. 22 The Clerk shall also be entitled to a fee of 23 $5 for certifications made to the Secretary of 24 State as provided in Section 7-703 of the Family 25 Financial Responsibility Law and these fees shall 26 also be deposited into the Separate Maintenance and 27 Child Support Collection Fund. 28 (v) Correction of Cases. 29 For correcting the case number or case title 30 on any document filed in his office, to be charged 31 against the party that filed the document.......... $10 32 (w) Record Search. 33 For searching a record, per year searched..... $4 34 (x) Printed Output. SB199 Enrolled -15- LRB093 06333 DRJ 06452 b 1 For each page of hard copy print output, when 2 case records are maintained on an automated medium. $2 3 (y) Alias Summons. 4 For each alias summons issued................. $2 5 (z) Expungement of Records. 6 For each expungement petition filed........... $15 7 (aa) Other Fees. 8 Any fees not covered by this Section shall be set by 9 rule or administrative order of the Circuit Court, with 10 the approval of the Supreme Court. 11 (bb) Exemptions. 12 No fee provided for herein shall be charged to any 13 unit of State or local government or school district 14 unless the Court orders another party to pay such fee on 15 its behalf. The fee requirements of this Section shall 16 not apply to police departments or other law enforcement 17 agencies. In this Section, "law enforcement agency" means 18 an agency of the State or a unit of local government that 19 is vested by law or ordinance with the duty to maintain 20 public order and to enforce criminal laws and ordinances. 21 The fee requirements of this Section shall not apply to 22 any action instituted under subsection (b) of Section 23 11-31-1 of the Illinois Municipal Code by a private owner 24 or tenant of real property within 1200 feet of a 25 dangerous or unsafe building seeking an order compelling 26 the owner or owners of the building to take any of the 27 actions authorized under that subsection. 28 No fee provided for in this Section shall be charged 29 in connection with the filing of any commitment petition 30 or petition for an order authorizing the administration 31 of authorized involuntary treatment in the form of 32 medication under the Mental Health and Developmental 33 Disabilities Code. 34 (cc) Adoptions. SB199 Enrolled -16- LRB093 06333 DRJ 06452 b 1 (1) For an adoption.............................$65 2 (2) Upon good cause shown, the court may waive the 3 adoption filing fee in a special needs adoption. The 4 term "special needs adoption" shall have the meaning 5 ascribed to it by the Illinois Department of Children and 6 Family Services. 7 (dd) Adoption exemptions. 8 No fee other than that set forth in subsection (cc) 9 shall be charged to any person in connection with an 10 adoption proceeding. 11 (ee) Additional Services. 12 Beginning July 1, 1993, the clerk of the circuit 13 court may provide such additional services for which 14 there is no fee specified by statute in connection with 15 the operation of the clerk's office as may be requested 16 by the public and agreed to by the public and by the 17 clerk and approved by the chief judge of the circuit 18 court. Any charges for additional services shall be as 19 agreed to between the clerk and the party making the 20 request and approved by the chief judge of the circuit 21 court. Nothing in this subsection shall be construed to 22 require any clerk to provide any service not otherwise 23 required by law. 24 (ff) Returned checks. 25 For each check delivered to the clerk that is not 26 honored on 2 occasions by the financial institution upon 27 which it is drawn because of insufficient funds in the 28 account, because the account is closed, because there is 29 no account, or because a stop payment has been placed on 30 the check, in addition to the amount already owed....$25. 31 (Source: P.A. 91-165, eff. 7-16-99; 91-321, eff. 1-1-00; 32 91-357, eff. 7-29-99; 91-612, eff. 10-1-99; 92-16, eff. 33 6-28-01; 92-114, eff. 1-1-02.) SB199 Enrolled -17- LRB093 06333 DRJ 06452 b 1 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a) 2 Sec. 27.1a. The fees of the clerks of the circuit court 3 in all counties having a population in excess of 180,000 but 4 not more than 500,000 inhabitants in the instances described 5 in this Section shall be as provided in this Section. The 6 fees shall be paid in advance and shall be as follows: 7 (a) Civil Cases. 8 The fee for filing a complaint, petition, or other 9 pleading initiating a civil action, with the following 10 exceptions, shall be $150. 11 (A) When the amount of money or damages or the 12 value of personal property claimed does not exceed 13 $250, $10. 14 (B) When that amount exceeds $250 but does not 15 exceed $500, $20. 16 (C) When that amount exceeds $500 but does not 17 exceed $2500, $30. 18 (D) When that amount exceeds $2500 but does 19 not exceed $15,000, $75. 20 (E) For the exercise of eminent domain, $150. 21 For each additional lot or tract of land or right or 22 interest therein subject to be condemned, the 23 damages in respect to which shall require separate 24 assessment by a jury, $150. 25 (a-1) Family. 26 For filing a petition under the Juvenile Court Act 27 of 1987, $25. 28 For filing a petition for a marriage license, $10. 29 For performing a marriage in court, $10. 30 For filing a petition under the Illinois Parentage 31 Act of 1984, $40. 32 (b) Forcible Entry and Detainer. 33 In each forcible entry and detainer case when the 34 plaintiff seeks possession only or unites with his or her SB199 Enrolled -18- LRB093 06333 DRJ 06452 b 1 claim for possession of the property a claim for rent or 2 damages or both in the amount of $15,000 or less, $40. 3 When the plaintiff unites his or her claim for possession 4 with a claim for rent or damages or both exceeding 5 $15,000, $150. 6 (c) Counterclaim or Joining Third Party Defendant. 7 When any defendant files a counterclaim as part of 8 his or her answer or otherwise or joins another party as 9 a third party defendant, or both, the defendant shall pay 10 a fee for each counterclaim or third party action in an 11 amount equal to the fee he or she would have had to pay 12 had he or she brought a separate action for the relief 13 sought in the counterclaim or against the third party 14 defendant, less the amount of the appearance fee, if that 15 has been paid. 16 (d) Confession of Judgment. 17 In a confession of judgment when the amount does not 18 exceed $1500, $50. When the amount exceeds $1500, but 19 does not exceed $15,000, $115. When the amount exceeds 20 $15,000, $200. 21 (e) Appearance. 22 The fee for filing an appearance in each civil case 23 shall be $50, except as follows: 24 (A) When the plaintiff in a forcible entry and 25 detainer case seeks possession only, $20. 26 (B) When the amount in the case does not 27 exceed $1500, $20. 28 (C) When that amount exceeds $1500 but does 29 not exceed $15,000, $40. 30 (f) Garnishment, Wage Deduction, and Citation. 31 In garnishment affidavit, wage deduction affidavit, 32 and citation petition when the amount does not exceed 33 $1,000, $10; when the amount exceeds $1,000 but does not 34 exceed $5,000, $20; and when the amount exceeds $5,000, SB199 Enrolled -19- LRB093 06333 DRJ 06452 b 1 $30. 2 (g) Petition to Vacate or Modify. 3 (1) Petition to vacate or modify any final judgment 4 or order of court, except in forcible entry and detainer 5 cases and small claims cases or a petition to reopen an 6 estate, to modify, terminate, or enforce a judgment or 7 order for child or spousal support, or to modify, 8 suspend, or terminate an order for withholding, if filed 9 before 30 days after the entry of the judgment or order, 10 $40. 11 (2) Petition to vacate or modify any final judgment 12 or order of court, except a petition to modify, 13 terminate, or enforce a judgment or order for child or 14 spousal support or to modify, suspend, or terminate an 15 order for withholding, if filed later than 30 days after 16 the entry of the judgment or order, $60. 17 (3) Petition to vacate order of bond forfeiture, 18 $20. 19 (h) Mailing. 20 When the clerk is required to mail, the fee will be 21 $6, plus the cost of postage. 22 (i) Certified Copies. 23 Each certified copy of a judgment after the first, 24 except in small claims and forcible entry and detainer 25 cases, $10. 26 (j) Habeas Corpus. 27 For filing a petition for relief by habeas corpus, 28 $80. 29 (k) Certification, Authentication, and Reproduction. 30 (1) Each certification or authentication for taking 31 the acknowledgment of a deed or other instrument in 32 writing with the seal of office, $4. 33 (2) Court appeals when original documents are 34 forwarded, under 100 pages, plus delivery and costs, $50. SB199 Enrolled -20- LRB093 06333 DRJ 06452 b 1 (3) Court appeals when original documents are 2 forwarded, over 100 pages, plus delivery and costs, $120. 3 (4) Court appeals when original documents are 4 forwarded, over 200 pages, an additional fee of 20 cents 5 per page. 6 (5) For reproduction of any document contained in 7 the clerk's files: 8 (A) First page, $2. 9 (B) Next 19 pages, 50 cents per page. 10 (C) All remaining pages, 25 cents per page. 11 (l) Remands. 12 In any cases remanded to the Circuit Court from the 13 Supreme Court or the Appellate Court for a new trial, the 14 clerk shall file the remanding order and reinstate the 15 case with either its original number or a new number. The 16 Clerk shall not charge any new or additional fee for the 17 reinstatement. Upon reinstatement the Clerk shall advise 18 the parties of the reinstatement. A party shall have the 19 same right to a jury trial on remand and reinstatement as 20 he or she had before the appeal, and no additional or new 21 fee or charge shall be made for a jury trial after 22 remand. 23 (m) Record Search. 24 For each record search, within a division or 25 municipal district, the clerk shall be entitled to a 26 search fee of $4 for each year searched. 27 (n) Hard Copy. 28 For each page of hard copy print output, when case 29 records are maintained on an automated medium, the clerk 30 shall be entitled to a fee of $4. 31 (o) Index Inquiry and Other Records. 32 No fee shall be charged for a single 33 plaintiff/defendant index inquiry or single case record 34 inquiry when this request is made in person and the SB199 Enrolled -21- LRB093 06333 DRJ 06452 b 1 records are maintained in a current automated medium, and 2 when no hard copy print output is requested. The fees to 3 be charged for management records, multiple case records, 4 and multiple journal records may be specified by the 5 Chief Judge pursuant to the guidelines for access and 6 dissemination of information approved by the Supreme 7 Court. 8 (p) (Blank).Commitment Petitions.9For filing commitment petitions under the Mental10Health and Developmental Disabilities Code and for filing11a transcript of commitment proceedings held in another12county, $25.13 (q) Alias Summons. 14 For each alias summons or citation issued by the 15 clerk, $4. 16 (r) Other Fees. 17 Any fees not covered in this Section shall be set by 18 rule or administrative order of the Circuit Court with 19 the approval of the Administrative Office of the Illinois 20 Courts. 21 The clerk of the circuit court may provide 22 additional services for which there is no fee specified 23 by statute in connection with the operation of the 24 clerk's office as may be requested by the public and 25 agreed to by the clerk and approved by the chief judge of 26 the circuit court. Any charges for additional services 27 shall be as agreed to between the clerk and the party 28 making the request and approved by the chief judge of the 29 circuit court. Nothing in this subsection shall be 30 construed to require any clerk to provide any service not 31 otherwise required by law. 32 (s) Jury Services. 33 The clerk shall be entitled to receive, in addition 34 to other fees allowed by law, the sum of $192.50, as a SB199 Enrolled -22- LRB093 06333 DRJ 06452 b 1 fee for the services of a jury in every civil action not 2 quasi-criminal in its nature and not a proceeding for the 3 exercise of the right of eminent domain and in every 4 other action wherein the right of trial by jury is or may 5 be given by law. The jury fee shall be paid by the party 6 demanding a jury at the time of filing the jury demand. 7 If the fee is not paid by either party, no jury shall be 8 called in the action or proceeding, and the same shall be 9 tried by the court without a jury. 10 (t) Voluntary Assignment. 11 For filing each deed of voluntary assignment, $10; 12 for recording the same, 25¢ for each 100 words. 13 Exceptions filed to claims presented to an assignee of a 14 debtor who has made a voluntary assignment for the 15 benefit of creditors shall be considered and treated, for 16 the purpose of taxing costs therein, as actions in which 17 the party or parties filing the exceptions shall be 18 considered as party or parties plaintiff, and the 19 claimant or claimants as party or parties defendant, and 20 those parties respectively shall pay to the clerk the 21 same fees as provided by this Section to be paid in other 22 actions. 23 (u) Expungement Petition. 24 The clerk shall be entitled to receive a fee of $30 25 for each expungement petition filed and an additional fee 26 of $2 for each certified copy of an order to expunge 27 arrest records. 28 (v) Probate. 29 The clerk is entitled to receive the fees specified 30 in this subsection (v), which shall be paid in advance, 31 except that, for good cause shown, the court may suspend, 32 reduce, or release the costs payable under this 33 subsection: 34 (1) For administration of the estate of a decedent SB199 Enrolled -23- LRB093 06333 DRJ 06452 b 1 (whether testate or intestate) or of a missing person, 2 $100, plus the fees specified in subsection (v)(3), 3 except: 4 (A) When the value of the real and personal 5 property does not exceed $15,000, the fee shall be 6 $25. 7 (B) When (i) proof of heirship alone is made, 8 (ii) a domestic or foreign will is admitted to 9 probate without administration (including proof of 10 heirship), or (iii) letters of office are issued for 11 a particular purpose without administration of the 12 estate, the fee shall be $25. 13 (2) For administration of the estate of a ward, 14 $50, plus the fees specified in subsection (v)(3), 15 except: 16 (A) When the value of the real and personal 17 property does not exceed $15,000, the fee shall be 18 $25. 19 (B) When (i) letters of office are issued to a 20 guardian of the person or persons, but not of the 21 estate or (ii) letters of office are issued in the 22 estate of a ward without administration of the 23 estate, including filing or joining in the filing of 24 a tax return or releasing a mortgage or consenting 25 to the marriage of the ward, the fee shall be $10. 26 (3) In addition to the fees payable under 27 subsection (v)(1) or (v)(2) of this Section, the 28 following fees are payable: 29 (A) For each account (other than one final 30 account) filed in the estate of a decedent, or ward, 31 $15. 32 (B) For filing a claim in an estate when the 33 amount claimed is $150 or more but less than $500, 34 $10; when the amount claimed is $500 or more but SB199 Enrolled -24- LRB093 06333 DRJ 06452 b 1 less than $10,000, $25; when the amount claimed is 2 $10,000 or more, $40; provided that the court in 3 allowing a claim may add to the amount allowed the 4 filing fee paid by the claimant. 5 (C) For filing in an estate a claim, petition, 6 or supplemental proceeding based upon an action 7 seeking equitable relief including the construction 8 or contest of a will, enforcement of a contract to 9 make a will, and proceedings involving testamentary 10 trusts or the appointment of testamentary trustees, 11 $40. 12 (D) For filing in an estate (i) the appearance 13 of any person for the purpose of consent or (ii) the 14 appearance of an executor, administrator, 15 administrator to collect, guardian, guardian ad 16 litem, or special administrator, no fee. 17 (E) Except as provided in subsection 18 (v)(3)(D), for filing the appearance of any person 19 or persons, $10. 20 (F) For each jury demand, $102.50. 21 (G) For disposition of the collection of a 22 judgment or settlement of an action or claim for 23 wrongful death of a decedent or of any cause of 24 action of a ward, when there is no other 25 administration of the estate, $30, less any amount 26 paid under subsection (v)(1)(B) or (v)(2)(B) except 27 that if the amount involved does not exceed $5,000, 28 the fee, including any amount paid under subsection 29 (v)(1)(B) or (v)(2)(B), shall be $10. 30 (H) For each certified copy of letters of 31 office, of court order or other certification, $1, 32 plus 50¢ per page in excess of 3 pages for the 33 document certified. 34 (I) For each exemplification, $1, plus the fee SB199 Enrolled -25- LRB093 06333 DRJ 06452 b 1 for certification. 2 (4) The executor, administrator, guardian, 3 petitioner, or other interested person or his or her 4 attorney shall pay the cost of publication by the clerk 5 directly to the newspaper. 6 (5) The person on whose behalf a charge is incurred 7 for witness, court reporter, appraiser, or other 8 miscellaneous fee shall pay the same directly to the 9 person entitled thereto. 10 (6) The executor, administrator, guardian, 11 petitioner, or other interested person or his or her 12 attorney shall pay to the clerk all postage charges 13 incurred by the clerk in mailing petitions, orders, 14 notices, or other documents pursuant to the provisions of 15 the Probate Act of 1975. 16 (w) Criminal and Quasi-Criminal Costs and Fees. 17 (1) The clerk shall be entitled to costs in all 18 criminal and quasi-criminal cases from each person 19 convicted or sentenced to supervision therein as follows: 20 (A) Felony complaints, $80. 21 (B) Misdemeanor complaints, $50. 22 (C) Business offense complaints, $50. 23 (D) Petty offense complaints, $50. 24 (E) Minor traffic or ordinance violations, 25 $20. 26 (F) When court appearance required, $30. 27 (G) Motions to vacate or amend final orders, 28 $20. 29 (H) Motions to vacate bond forfeiture orders, 30 $20. 31 (I) Motions to vacate ex parte judgments, 32 whenever filed, $20. 33 (J) Motions to vacate judgment on forfeitures, 34 whenever filed, $20. SB199 Enrolled -26- LRB093 06333 DRJ 06452 b 1 (K) Motions to vacate "failure to appear" or 2 "failure to comply" notices sent to the Secretary of 3 State, $20. 4 (2) In counties having a population in excess of 5 180,000 but not more than 500,000 inhabitants, when the 6 violation complaint is issued by a municipal police 7 department, the clerk shall be entitled to costs from 8 each person convicted therein as follows: 9 (A) Minor traffic or ordinance violations, 10 $10. 11 (B) When court appearance required, $15. 12 (3) In ordinance violation cases punishable by fine 13 only, the clerk of the circuit court shall be entitled to 14 receive, unless the fee is excused upon a finding by the 15 court that the defendant is indigent, in addition to 16 other fees or costs allowed or imposed by law, the sum of 17 $62.50 as a fee for the services of a jury. The jury fee 18 shall be paid by the defendant at the time of filing his 19 or her jury demand. If the fee is not so paid by the 20 defendant, no jury shall be called, and the case shall be 21 tried by the court without a jury. 22 (x) Transcripts of Judgment. 23 For the filing of a transcript of judgment, the 24 clerk shall be entitled to the same fee as if it were the 25 commencement of a new suit. 26 (y) Change of Venue. 27 (1) For the filing of a change of case on a change 28 of venue, the clerk shall be entitled to the same fee as 29 if it were the commencement of a new suit. 30 (2) The fee for the preparation and certification 31 of a record on a change of venue to another jurisdiction, 32 when original documents are forwarded, $25. 33 (z) Tax objection complaints. 34 For each tax objection complaint containing one or SB199 Enrolled -27- LRB093 06333 DRJ 06452 b 1 more tax objections, regardless of the number of parcels 2 involved or the number of taxpayers joining on the 3 complaint, $25. 4 (aa) Tax Deeds. 5 (1) Petition for tax deed, if only one parcel is 6 involved, $150. 7 (2) For each additional parcel, add a fee of $50. 8 (bb) Collections. 9 (1) For all collections made of others, except the 10 State and county and except in maintenance or child 11 support cases, a sum equal to 2.5% of the amount 12 collected and turned over. 13 (2) Interest earned on any funds held by the clerk 14 shall be turned over to the county general fund as an 15 earning of the office. 16 (3) For any check, draft, or other bank instrument 17 returned to the clerk for non-sufficient funds, account 18 closed, or payment stopped, $25. 19 (4) In child support and maintenance cases, the 20 clerk, if authorized by an ordinance of the county board, 21 may collect an annual fee of up to $36 from the person 22 making payment for maintaining child support records and 23 the processing of support orders to the State of Illinois 24 KIDS system and the recording of payments issued by the 25 State Disbursement Unit for the official record of the 26 Court. This fee shall be in addition to and separate 27 from amounts ordered to be paid as maintenance or child 28 support and shall be deposited into a Separate 29 Maintenance and Child Support Collection Fund, of which 30 the clerk shall be the custodian, ex-officio, to be used 31 by the clerk to maintain child support orders and record 32 all payments issued by the State Disbursement Unit for 33 the official record of the Court. The clerk may recover 34 from the person making the maintenance or child support SB199 Enrolled -28- LRB093 06333 DRJ 06452 b 1 payment any additional cost incurred in the collection 2 of this annual fee. 3 The clerk shall also be entitled to a fee of $5 for 4 certifications made to the Secretary of State as provided 5 in Section 7-703 of the Family Financial Responsibility 6 Law and these fees shall also be deposited into the 7 Separate Maintenance and Child Support Collection Fund. 8 (cc) Corrections of Numbers. 9 For correction of the case number, case title, or 10 attorney computer identification number, if required by 11 rule of court, on any document filed in the clerk's 12 office, to be charged against the party that filed the 13 document, $15. 14 (dd) Exceptions. 15 (1) The fee requirements of this Section shall not 16 apply to police departments or other law enforcement 17 agencies. In this Section, "law enforcement agency" 18 means an agency of the State or a unit of local 19 government which is vested by law or ordinance with the 20 duty to maintain public order and to enforce criminal 21 laws or ordinances. "Law enforcement agency" also means 22 the Attorney General or any state's attorney. 23 (2) No fee provided herein shall be charged to any 24 unit of local government or school district. 25 (3) The fee requirements of this Section shall not 26 apply to any action instituted under subsection (b) of 27 Section 11-31-1 of the Illinois Municipal Code by a 28 private owner or tenant of real property within 1200 feet 29 of a dangerous or unsafe building seeking an order 30 compelling the owner or owners of the building to take 31 any of the actions authorized under that subsection. 32 (4) The fee requirements of this Section shall not 33 apply to the filing of any commitment petition or 34 petition for an order authorizing the administration of SB199 Enrolled -29- LRB093 06333 DRJ 06452 b 1 authorized involuntary treatment in the form of 2 medication under the Mental Health and Developmental 3 Disabilities Code. 4 (ee) Adoptions. 5 (1) For an adoption.............................$65 6 (2) Upon good cause shown, the court may waive the 7 adoption filing fee in a special needs adoption. The 8 term "special needs adoption" shall have the meaning 9 ascribed to it by the Illinois Department of Children and 10 Family Services. 11 (ff) Adoption exemptions. 12 No fee other than that set forth in subsection (ee) 13 shall be charged to any person in connection with an 14 adoption proceeding. 15 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 16 92-16, eff. 6-28-01; 92-521, eff. 6-1-02.) 17 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2) 18 Sec. 27.2. The fees of the clerks of the circuit court 19 in all counties having a population in excess of 500,000 20 inhabitants but less than 3,000,000 inhabitants in the 21 instances described in this Section shall be as provided in 22 this Section. In those instances where a minimum and maximum 23 fee is stated, counties with more than 500,000 inhabitants 24 but less than 3,000,000 inhabitants must charge the minimum 25 fee listed in this Section and may charge up to the maximum 26 fee if the county board has by resolution increased the fee. 27 In addition, the minimum fees authorized in this Section 28 shall apply to all units of local government and school 29 districts in counties with more than 3,000,000 inhabitants. 30 The fees shall be paid in advance and shall be as follows: 31 (a) Civil Cases. 32 The fee for filing a complaint, petition, or other 33 pleading initiating a civil action, with the following SB199 Enrolled -30- LRB093 06333 DRJ 06452 b 1 exceptions, shall be a minimum of $150 and a maximum of 2 $190. 3 (A) When the amount of money or damages or the 4 value of personal property claimed does not exceed 5 $250, a minimum of $10 and a maximum of $15. 6 (B) When that amount exceeds $250 but does not 7 exceed $1,000, a minimum of $20 and a maximum of 8 $40. 9 (C) When that amount exceeds $1,000 but does 10 not exceed $2500, a minimum of $30 and a maximum of 11 $50. 12 (D) When that amount exceeds $2500 but does 13 not exceed $5,000, a minimum of $75 and a maximum of 14 $100. 15 (D-5) When the amount exceeds $5,000 but does 16 not exceed $15,000, a minimum of $75 and a maximum 17 of $150. 18 (E) For the exercise of eminent domain, $150. 19 For each additional lot or tract of land or right or 20 interest therein subject to be condemned, the 21 damages in respect to which shall require separate 22 assessment by a jury, $150. 23 (b) Forcible Entry and Detainer. 24 In each forcible entry and detainer case when the 25 plaintiff seeks possession only or unites with his or her 26 claim for possession of the property a claim for rent or 27 damages or both in the amount of $15,000 or less, a 28 minimum of $40 and a maximum of $75. When the plaintiff 29 unites his or her claim for possession with a claim for 30 rent or damages or both exceeding $15,000, a minimum of 31 $150 and a maximum of $225. 32 (c) Counterclaim or Joining Third Party Defendant. 33 When any defendant files a counterclaim as part of 34 his or her answer or otherwise or joins another party as SB199 Enrolled -31- LRB093 06333 DRJ 06452 b 1 a third party defendant, or both, the defendant shall pay 2 a fee for each counterclaim or third party action in an 3 amount equal to the fee he or she would have had to pay 4 had he or she brought a separate action for the relief 5 sought in the counterclaim or against the third party 6 defendant, less the amount of the appearance fee, if that 7 has been paid. 8 (d) Confession of Judgment. 9 In a confession of judgment when the amount does not 10 exceed $1500, a minimum of $50 and a maximum of $60. 11 When the amount exceeds $1500, but does not exceed 12 $5,000, $75. When the amount exceeds $5,000, but does not 13 exceed $15,000, $175. When the amount exceeds $15,000, a 14 minimum of $200 and a maximum of $250. 15 (e) Appearance. 16 The fee for filing an appearance in each civil case 17 shall be a minimum of $50 and a maximum of $75, except as 18 follows: 19 (A) When the plaintiff in a forcible entry and 20 detainer case seeks possession only, a minimum of 21 $20 and a maximum of $40. 22 (B) When the amount in the case does not 23 exceed $1500, a minimum of $20 and a maximum of $40. 24 (C) When the amount in the case exceeds $1500 25 but does not exceed $15,000, a minimum of $40 and a 26 maximum of $60. 27 (f) Garnishment, Wage Deduction, and Citation. 28 In garnishment affidavit, wage deduction affidavit, 29 and citation petition when the amount does not exceed 30 $1,000, a minimum of $10 and a maximum of $15; when the 31 amount exceeds $1,000 but does not exceed $5,000, a 32 minimum of $20 and a maximum of $30; and when the amount 33 exceeds $5,000, a minimum of $30 and a maximum of $50. 34 (g) Petition to Vacate or Modify. SB199 Enrolled -32- LRB093 06333 DRJ 06452 b 1 (1) Petition to vacate or modify any final judgment 2 or order of court, except in forcible entry and detainer 3 cases and small claims cases or a petition to reopen an 4 estate, to modify, terminate, or enforce a judgment or 5 order for child or spousal support, or to modify, 6 suspend, or terminate an order for withholding, if filed 7 before 30 days after the entry of the judgment or order, 8 a minimum of $40 and a maximum of $50. 9 (2) Petition to vacate or modify any final judgment 10 or order of court, except a petition to modify, 11 terminate, or enforce a judgment or order for child or 12 spousal support or to modify, suspend, or terminate an 13 order for withholding, if filed later than 30 days after 14 the entry of the judgment or order, a minimum of $60 and 15 a maximum of $75. 16 (3) Petition to vacate order of bond forfeiture, a 17 minimum of $20 and a maximum of $40. 18 (h) Mailing. 19 When the clerk is required to mail, the fee will be 20 a minimum of $6 and a maximum of $10, plus the cost of 21 postage. 22 (i) Certified Copies. 23 Each certified copy of a judgment after the first, 24 except in small claims and forcible entry and detainer 25 cases, a minimum of $10 and a maximum of $15. 26 (j) Habeas Corpus. 27 For filing a petition for relief by habeas corpus, a 28 minimum of $80 and a maximum of $125. 29 (k) Certification, Authentication, and Reproduction. 30 (1) Each certification or authentication for taking 31 the acknowledgment of a deed or other instrument in 32 writing with the seal of office, a minimum of $4 and a 33 maximum of $6. 34 (2) Court appeals when original documents are SB199 Enrolled -33- LRB093 06333 DRJ 06452 b 1 forwarded, under 100 pages, plus delivery and costs, a 2 minimum of $50 and a maximum of $75. 3 (3) Court appeals when original documents are 4 forwarded, over 100 pages, plus delivery and costs, a 5 minimum of $120 and a maximum of $150. 6 (4) Court appeals when original documents are 7 forwarded, over 200 pages, an additional fee of a minimum 8 of 20 and a maximum of 25 cents per page. 9 (5) For reproduction of any document contained in 10 the clerk's files: 11 (A) First page, $2. 12 (B) Next 19 pages, 50 cents per page. 13 (C) All remaining pages, 25 cents per page. 14 (l) Remands. 15 In any cases remanded to the Circuit Court from the 16 Supreme Court or the Appellate Court for a new trial, the 17 clerk shall file the remanding order and reinstate the 18 case with either its original number or a new number. The 19 Clerk shall not charge any new or additional fee for the 20 reinstatement. Upon reinstatement the Clerk shall advise 21 the parties of the reinstatement. A party shall have the 22 same right to a jury trial on remand and reinstatement as 23 he or she had before the appeal, and no additional or new 24 fee or charge shall be made for a jury trial after 25 remand. 26 (m) Record Search. 27 For each record search, within a division or 28 municipal district, the clerk shall be entitled to a 29 search fee of a minimum of $4 and a maximum of $6 for 30 each year searched. 31 (n) Hard Copy. 32 For each page of hard copy print output, when case 33 records are maintained on an automated medium, the clerk 34 shall be entitled to a fee of a minimum of $4 and a SB199 Enrolled -34- LRB093 06333 DRJ 06452 b 1 maximum of $6. 2 (o) Index Inquiry and Other Records. 3 No fee shall be charged for a single 4 plaintiff/defendant index inquiry or single case record 5 inquiry when this request is made in person and the 6 records are maintained in a current automated medium, and 7 when no hard copy print output is requested. The fees to 8 be charged for management records, multiple case records, 9 and multiple journal records may be specified by the 10 Chief Judge pursuant to the guidelines for access and 11 dissemination of information approved by the Supreme 12 Court. 13 (p) (Blank).Commitment Petitions.14For filing commitment petitions under the Mental15Health and Developmental Disabilities Code, a minimum of16$25 and a maximum of $50.17 (q) Alias Summons. 18 For each alias summons or citation issued by the 19 clerk, a minimum of $4 and a maximum of $5. 20 (r) Other Fees. 21 Any fees not covered in this Section shall be set by 22 rule or administrative order of the Circuit Court with 23 the approval of the Administrative Office of the Illinois 24 Courts. 25 The clerk of the circuit court may provide 26 additional services for which there is no fee specified 27 by statute in connection with the operation of the 28 clerk's office as may be requested by the public and 29 agreed to by the clerk and approved by the chief judge of 30 the circuit court. Any charges for additional services 31 shall be as agreed to between the clerk and the party 32 making the request and approved by the chief judge of the 33 circuit court. Nothing in this subsection shall be 34 construed to require any clerk to provide any service not SB199 Enrolled -35- LRB093 06333 DRJ 06452 b 1 otherwise required by law. 2 (s) Jury Services. 3 The clerk shall be entitled to receive, in addition 4 to other fees allowed by law, the sum of a minimum of 5 $192.50 and a maximum of $212.50, as a fee for the 6 services of a jury in every civil action not 7 quasi-criminal in its nature and not a proceeding for the 8 exercise of the right of eminent domain and in every 9 other action wherein the right of trial by jury is or may 10 be given by law. The jury fee shall be paid by the party 11 demanding a jury at the time of filing the jury demand. 12 If the fee is not paid by either party, no jury shall be 13 called in the action or proceeding, and the same shall be 14 tried by the court without a jury. 15 (t) Voluntary Assignment. 16 For filing each deed of voluntary assignment, a 17 minimum of $10 and a maximum of $20; for recording the 18 same, a minimum of 25¢ and a maximum of 50¢ for each 100 19 words. Exceptions filed to claims presented to an 20 assignee of a debtor who has made a voluntary assignment 21 for the benefit of creditors shall be considered and 22 treated, for the purpose of taxing costs therein, as 23 actions in which the party or parties filing the 24 exceptions shall be considered as party or parties 25 plaintiff, and the claimant or claimants as party or 26 parties defendant, and those parties respectively shall 27 pay to the clerk the same fees as provided by this 28 Section to be paid in other actions. 29 (u) Expungement Petition. 30 The clerk shall be entitled to receive a fee of a 31 minimum of $30 and a maximum of $60 for each expungement 32 petition filed and an additional fee of a minimum of $2 33 and a maximum of $4 for each certified copy of an order 34 to expunge arrest records. SB199 Enrolled -36- LRB093 06333 DRJ 06452 b 1 (v) Probate. 2 The clerk is entitled to receive the fees specified 3 in this subsection (v), which shall be paid in advance, 4 except that, for good cause shown, the court may suspend, 5 reduce, or release the costs payable under this 6 subsection: 7 (1) For administration of the estate of a decedent 8 (whether testate or intestate) or of a missing person, a 9 minimum of $100 and a maximum of $150, plus the fees 10 specified in subsection (v)(3), except: 11 (A) When the value of the real and personal 12 property does not exceed $15,000, the fee shall be a 13 minimum of $25 and a maximum of $40. 14 (B) When (i) proof of heirship alone is made, 15 (ii) a domestic or foreign will is admitted to 16 probate without administration (including proof of 17 heirship), or (iii) letters of office are issued for 18 a particular purpose without administration of the 19 estate, the fee shall be a minimum of $25 and a 20 maximum of $40. 21 (2) For administration of the estate of a ward, a 22 minimum of $50 and a maximum of $75, plus the fees 23 specified in subsection (v)(3), except: 24 (A) When the value of the real and personal 25 property does not exceed $15,000, the fee shall be a 26 minimum of $25 and a maximum of $40. 27 (B) When (i) letters of office are issued to a 28 guardian of the person or persons, but not of the 29 estate or (ii) letters of office are issued in the 30 estate of a ward without administration of the 31 estate, including filing or joining in the filing of 32 a tax return or releasing a mortgage or consenting 33 to the marriage of the ward, the fee shall be a 34 minimum of $10 and a maximum of $20. SB199 Enrolled -37- LRB093 06333 DRJ 06452 b 1 (3) In addition to the fees payable under 2 subsection (v)(1) or (v)(2) of this Section, the 3 following fees are payable: 4 (A) For each account (other than one final 5 account) filed in the estate of a decedent, or ward, 6 a minimum of $15 and a maximum of $25. 7 (B) For filing a claim in an estate when the 8 amount claimed is $150 or more but less than $500, a 9 minimum of $10 and a maximum of $20; when the amount 10 claimed is $500 or more but less than $10,000, a 11 minimum of $25 and a maximum of $40; when the amount 12 claimed is $10,000 or more, a minimum of $40 and a 13 maximum of $60; provided that the court in allowing 14 a claim may add to the amount allowed the filing fee 15 paid by the claimant. 16 (C) For filing in an estate a claim, petition, 17 or supplemental proceeding based upon an action 18 seeking equitable relief including the construction 19 or contest of a will, enforcement of a contract to 20 make a will, and proceedings involving testamentary 21 trusts or the appointment of testamentary trustees, 22 a minimum of $40 and a maximum of $60. 23 (D) For filing in an estate (i) the appearance 24 of any person for the purpose of consent or (ii) the 25 appearance of an executor, administrator, 26 administrator to collect, guardian, guardian ad 27 litem, or special administrator, no fee. 28 (E) Except as provided in subsection 29 (v)(3)(D), for filing the appearance of any person 30 or persons, a minimum of $10 and a maximum of $30. 31 (F) For each jury demand, a minimum of $102.50 32 and a maximum of $137.50. 33 (G) For disposition of the collection of a 34 judgment or settlement of an action or claim for SB199 Enrolled -38- LRB093 06333 DRJ 06452 b 1 wrongful death of a decedent or of any cause of 2 action of a ward, when there is no other 3 administration of the estate, a minimum of $30 and a 4 maximum of $50, less any amount paid under 5 subsection (v)(1)(B) or (v)(2)(B) except that if the 6 amount involved does not exceed $5,000, the fee, 7 including any amount paid under subsection (v)(1)(B) 8 or (v)(2)(B), shall be a minimum of $10 and a 9 maximum of $20. 10 (H) For each certified copy of letters of 11 office, of court order or other certification, a 12 minimum of $1 and a maximum of $2, plus a minimum of 13 50¢ and a maximum of $1 per page in excess of 3 14 pages for the document certified. 15 (I) For each exemplification, a minimum of $1 16 and a maximum of $2, plus the fee for certification. 17 (4) The executor, administrator, guardian, 18 petitioner, or other interested person or his or her 19 attorney shall pay the cost of publication by the clerk 20 directly to the newspaper. 21 (5) The person on whose behalf a charge is incurred 22 for witness, court reporter, appraiser, or other 23 miscellaneous fee shall pay the same directly to the 24 person entitled thereto. 25 (6) The executor, administrator, guardian, 26 petitioner, or other interested person or his attorney 27 shall pay to the clerk all postage charges incurred by 28 the clerk in mailing petitions, orders, notices, or other 29 documents pursuant to the provisions of the Probate Act 30 of 1975. 31 (w) Criminal and Quasi-Criminal Costs and Fees. 32 (1) The clerk shall be entitled to costs in all 33 criminal and quasi-criminal cases from each person 34 convicted or sentenced to supervision therein as follows: SB199 Enrolled -39- LRB093 06333 DRJ 06452 b 1 (A) Felony complaints, a minimum of $80 and a 2 maximum of $125. 3 (B) Misdemeanor complaints, a minimum of $50 4 and a maximum of $75. 5 (C) Business offense complaints, a minimum of 6 $50 and a maximum of $75. 7 (D) Petty offense complaints, a minimum of $50 8 and a maximum of $75. 9 (E) Minor traffic or ordinance violations, 10 $20. 11 (F) When court appearance required, $30. 12 (G) Motions to vacate or amend final orders, a 13 minimum of $20 and a maximum of $40. 14 (H) Motions to vacate bond forfeiture orders, 15 a minimum of $20 and a maximum of $30. 16 (I) Motions to vacate ex parte judgments, 17 whenever filed, a minimum of $20 and a maximum of 18 $30. 19 (J) Motions to vacate judgment on forfeitures, 20 whenever filed, a minimum of $20 and a maximum of 21 $25. 22 (K) Motions to vacate "failure to appear" or 23 "failure to comply" notices sent to the Secretary of 24 State, a minimum of $20 and a maximum of $40. 25 (2) In counties having a population of more than 26 500,000 but fewer than 3,000,000 inhabitants, when the 27 violation complaint is issued by a municipal police 28 department, the clerk shall be entitled to costs from 29 each person convicted therein as follows: 30 (A) Minor traffic or ordinance violations, 31 $10. 32 (B) When court appearance required, $15. 33 (3) In ordinance violation cases punishable by fine 34 only, the clerk of the circuit court shall be entitled to SB199 Enrolled -40- LRB093 06333 DRJ 06452 b 1 receive, unless the fee is excused upon a finding by the 2 court that the defendant is indigent, in addition to 3 other fees or costs allowed or imposed by law, the sum of 4 a minimum of $50 and a maximum of $112.50 as a fee for 5 the services of a jury. The jury fee shall be paid by 6 the defendant at the time of filing his or her jury 7 demand. If the fee is not so paid by the defendant, no 8 jury shall be called, and the case shall be tried by the 9 court without a jury. 10 (x) Transcripts of Judgment. 11 For the filing of a transcript of judgment, the 12 clerk shall be entitled to the same fee as if it were the 13 commencement of new suit. 14 (y) Change of Venue. 15 (1) For the filing of a change of case on a change 16 of venue, the clerk shall be entitled to the same fee as 17 if it were the commencement of a new suit. 18 (2) The fee for the preparation and certification 19 of a record on a change of venue to another jurisdiction, 20 when original documents are forwarded, a minimum of $25 21 and a maximum of $40. 22 (z) Tax objection complaints. 23 For each tax objection complaint containing one or 24 more tax objections, regardless of the number of parcels 25 involved or the number of taxpayers joining in the 26 complaint, a minimum of $25 and a maximum of $50. 27 (aa) Tax Deeds. 28 (1) Petition for tax deed, if only one parcel is 29 involved, a minimum of $150 and a maximum of $250. 30 (2) For each additional parcel, add a fee of a 31 minimum of $50 and a maximum of $100. 32 (bb) Collections. 33 (1) For all collections made of others, except the 34 State and county and except in maintenance or child SB199 Enrolled -41- LRB093 06333 DRJ 06452 b 1 support cases, a sum equal to a minimum of 2.5% and a 2 maximum of 3.0% of the amount collected and turned over. 3 (2) Interest earned on any funds held by the clerk 4 shall be turned over to the county general fund as an 5 earning of the office. 6 (3) For any check, draft, or other bank instrument 7 returned to the clerk for non-sufficient funds, account 8 closed, or payment stopped, $25. 9 (4) In child support and maintenance cases, the 10 clerk, if authorized by an ordinance of the county board, 11 may collect an annual fee of up to $36 from the person 12 making payment for maintaining child support records and 13 the processing of support orders to the State of Illinois 14 KIDS system and the recording of payments issued by the 15 State Disbursement Unit for the official record of the 16 Court. This fee shall be in addition to and separate from 17 amounts ordered to be paid as maintenance or child 18 support and shall be deposited into a Separate 19 Maintenance and Child Support Collection Fund, of which 20 the clerk shall be the custodian, ex-officio, to be used 21 by the clerk to maintain child support orders and record 22 all payments issued by the State Disbursement Unit for 23 the official record of the Court. The clerk may recover 24 from the person making the maintenance or child support 25 payment any additional cost incurred in the collection of 26 this annual fee. 27 The clerk shall also be entitled to a fee of $5 for 28 certifications made to the Secretary of State as provided 29 in Section 7-703 of the Family Financial Responsibility 30 Law and these fees shall also be deposited into the 31 Separate Maintenance and Child Support Collection Fund. 32 (cc) Corrections of Numbers. 33 For correction of the case number, case title, or 34 attorney computer identification number, if required by SB199 Enrolled -42- LRB093 06333 DRJ 06452 b 1 rule of court, on any document filed in the clerk's 2 office, to be charged against the party that filed the 3 document, a minimum of $15 and a maximum of $25. 4 (dd) Exceptions. 5 The fee requirements of this Section shall not apply 6 to police departments or other law enforcement agencies. 7 In this Section, "law enforcement agency" means an agency 8 of the State or a unit of local government which is 9 vested by law or ordinance with the duty to maintain 10 public order and to enforce criminal laws or ordinances. 11 "Law enforcement agency" also means the Attorney General 12 or any state's attorney. The fee requirements of this 13 Section shall not apply to any action instituted under 14 subsection (b) of Section 11-31-1 of the Illinois 15 Municipal Code by a private owner or tenant of real 16 property within 1200 feet of a dangerous or unsafe 17 building seeking an order compelling the owner or owners 18 of the building to take any of the actions authorized 19 under that subsection. 20 The fee requirements of this Section shall not apply 21 to the filing of any commitment petition or petition for 22 an order authorizing the administration of authorized 23 involuntary treatment in the form of medication under the 24 Mental Health and Developmental Disabilities Code. 25 (ee) Adoptions. 26 (1) For an adoption.............................$65 27 (2) Upon good cause shown, the court may waive the 28 adoption filing fee in a special needs adoption. The 29 term "special needs adoption" shall have the meaning 30 ascribed to it by the Illinois Department of Children and 31 Family Services. 32 (ff) Adoption exemptions. 33 No fee other than that set forth in subsection (ee) 34 shall be charged to any person in connection with an SB199 Enrolled -43- LRB093 06333 DRJ 06452 b 1 adoption proceeding. 2 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 3 92-16, eff. 6-28-01; 92-521, eff. 6-1-02.) 4 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a) 5 Sec. 27.2a. The fees of the clerks of the circuit court 6 in all counties having a population of 3,000,000 or more 7 inhabitants in the instances described in this Section shall 8 be as provided in this Section. In those instances where a 9 minimum and maximum fee is stated, the clerk of the circuit 10 court must charge the minimum fee listed and may charge up to 11 the maximum fee if the county board has by resolution 12 increased the fee. The fees shall be paid in advance and 13 shall be as follows: 14 (a) Civil Cases. 15 The fee for filing a complaint, petition, or other 16 pleading initiating a civil action, with the following 17 exceptions, shall be a minimum of $190 and a maximum of 18 $240. 19 (A) When the amount of money or damages or the 20 value of personal property claimed does not exceed 21 $250, a minimum of $15 and a maximum of $22. 22 (B) When that amount exceeds $250 but does not 23 exceed $1000, a minimum of $40 and a maximum of $75. 24 (C) When that amount exceeds $1000 but does 25 not exceed $2500, a minimum of $50 and a maximum of 26 $80. 27 (D) When that amount exceeds $2500 but does 28 not exceed $5000, a minimum of $100 and a maximum of 29 $130. 30 (E) When that amount exceeds $5000 but does 31 not exceed $15,000, $150. 32 (F) For the exercise of eminent domain, $150. 33 For each additional lot or tract of land or right or SB199 Enrolled -44- LRB093 06333 DRJ 06452 b 1 interest therein subject to be condemned, the 2 damages in respect to which shall require separate 3 assessment by a jury, $150. 4 (G) For the final determination of parking, 5 standing, and compliance violations and final 6 administrative decisions issued after hearings 7 regarding vehicle immobilization and impoundment 8 made pursuant to Sections 3-704.1, 6-306.5, and 9 11-208.3 of the Illinois Vehicle Code, $25. 10 (b) Forcible Entry and Detainer. 11 In each forcible entry and detainer case when the 12 plaintiff seeks possession only or unites with his or her 13 claim for possession of the property a claim for rent or 14 damages or both in the amount of $15,000 or less, a 15 minimum of $75 and a maximum of $140. When the plaintiff 16 unites his or her claim for possession with a claim for 17 rent or damages or both exceeding $15,000, a minimum of 18 $225 and a maximum of $335. 19 (c) Counterclaim or Joining Third Party Defendant. 20 When any defendant files a counterclaim as part of 21 his or her answer or otherwise or joins another party as 22 a third party defendant, or both, the defendant shall pay 23 a fee for each counterclaim or third party action in an 24 amount equal to the fee he or she would have had to pay 25 had he or she brought a separate action for the relief 26 sought in the counterclaim or against the third party 27 defendant, less the amount of the appearance fee, if that 28 has been paid. 29 (d) Confession of Judgment. 30 In a confession of judgment when the amount does not 31 exceed $1500, a minimum of $60 and a maximum of $70. 32 When the amount exceeds $1500, but does not exceed $5000, 33 a minimum of $75 and a maximum of $150. When the amount 34 exceeds $5000, but does not exceed $15,000, a minimum of SB199 Enrolled -45- LRB093 06333 DRJ 06452 b 1 $175 and a maximum of $260. When the amount exceeds 2 $15,000, a minimum of $250 and a maximum of $310. 3 (e) Appearance. 4 The fee for filing an appearance in each civil case 5 shall be a minimum of $75 and a maximum of $110, except 6 as follows: 7 (A) When the plaintiff in a forcible entry and 8 detainer case seeks possession only, a minimum of 9 $40 and a maximum of $80. 10 (B) When the amount in the case does not 11 exceed $1500, a minimum of $40 and a maximum of $80. 12 (C) When that amount exceeds $1500 but does 13 not exceed $15,000, a minimum of $60 and a maximum 14 of $90. 15 (f) Garnishment, Wage Deduction, and Citation. 16 In garnishment affidavit, wage deduction affidavit, 17 and citation petition when the amount does not exceed 18 $1,000, a minimum of $15 and a maximum of $25; when the 19 amount exceeds $1,000 but does not exceed $5,000, a 20 minimum of $30 and a maximum of $45; and when the amount 21 exceeds $5,000, a minimum of $50 and a maximum of $80. 22 (g) Petition to Vacate or Modify. 23 (1) Petition to vacate or modify any final judgment 24 or order of court, except in forcible entry and detainer 25 cases and small claims cases or a petition to reopen an 26 estate, to modify, terminate, or enforce a judgment or 27 order for child or spousal support, or to modify, 28 suspend, or terminate an order for withholding, if filed 29 before 30 days after the entry of the judgment or order, 30 a minimum of $50 and a maximum of $60. 31 (2) Petition to vacate or modify any final judgment 32 or order of court, except a petition to modify, 33 terminate, or enforce a judgment or order for child or 34 spousal support or to modify, suspend, or terminate an SB199 Enrolled -46- LRB093 06333 DRJ 06452 b 1 order for withholding, if filed later than 30 days after 2 the entry of the judgment or order, a minimum of $75 and 3 a maximum of $90. 4 (3) Petition to vacate order of bond forfeiture, a 5 minimum of $40 and a maximum of $80. 6 (h) Mailing. 7 When the clerk is required to mail, the fee will be 8 a minimum of $10 and a maximum of $15, plus the cost of 9 postage. 10 (i) Certified Copies. 11 Each certified copy of a judgment after the first, 12 except in small claims and forcible entry and detainer 13 cases, a minimum of $15 and a maximum of $20. 14 (j) Habeas Corpus. 15 For filing a petition for relief by habeas corpus, a 16 minimum of $125 and a maximum of $190. 17 (k) Certification, Authentication, and Reproduction. 18 (1) Each certification or authentication for taking 19 the acknowledgment of a deed or other instrument in 20 writing with the seal of office, a minimum of $6 and a 21 maximum of $9. 22 (2) Court appeals when original documents are 23 forwarded, under 100 pages, plus delivery and costs, a 24 minimum of $75 and a maximum of $110. 25 (3) Court appeals when original documents are 26 forwarded, over 100 pages, plus delivery and costs, a 27 minimum of $150 and a maximum of $185. 28 (4) Court appeals when original documents are 29 forwarded, over 200 pages, an additional fee of a minimum 30 of 25 and a maximum of 30 cents per page. 31 (5) For reproduction of any document contained in 32 the clerk's files: 33 (A) First page, $2. 34 (B) Next 19 pages, 50 cents per page. SB199 Enrolled -47- LRB093 06333 DRJ 06452 b 1 (C) All remaining pages, 25 cents per page. 2 (l) Remands. 3 In any cases remanded to the Circuit Court from the 4 Supreme Court or the Appellate Court for a new trial, the 5 clerk shall file the remanding order and reinstate the 6 case with either its original number or a new number. 7 The Clerk shall not charge any new or additional fee for 8 the reinstatement. Upon reinstatement the Clerk shall 9 advise the parties of the reinstatement. A party shall 10 have the same right to a jury trial on remand and 11 reinstatement as he or she had before the appeal, and no 12 additional or new fee or charge shall be made for a jury 13 trial after remand. 14 (m) Record Search. 15 For each record search, within a division or 16 municipal district, the clerk shall be entitled to a 17 search fee of a minimum of $6 and a maximum of $9 for 18 each year searched. 19 (n) Hard Copy. 20 For each page of hard copy print output, when case 21 records are maintained on an automated medium, the clerk 22 shall be entitled to a fee of a minimum of $6 and a 23 maximum of $9. 24 (o) Index Inquiry and Other Records. 25 No fee shall be charged for a single 26 plaintiff/defendant index inquiry or single case record 27 inquiry when this request is made in person and the 28 records are maintained in a current automated medium, and 29 when no hard copy print output is requested. The fees to 30 be charged for management records, multiple case records, 31 and multiple journal records may be specified by the 32 Chief Judge pursuant to the guidelines for access and 33 dissemination of information approved by the Supreme 34 Court. SB199 Enrolled -48- LRB093 06333 DRJ 06452 b 1 (p) (Blank).Commitment Petitions.2For filing commitment petitions under the Mental3Health and Developmental Disabilities Code, a minimum of4$50 and a maximum of $100.5 (q) Alias Summons. 6 For each alias summons or citation issued by the 7 clerk, a minimum of $5 and a maximum of $6. 8 (r) Other Fees. 9 Any fees not covered in this Section shall be set by 10 rule or administrative order of the Circuit Court with 11 the approval of the Administrative Office of the Illinois 12 Courts. 13 The clerk of the circuit court may provide 14 additional services for which there is no fee specified 15 by statute in connection with the operation of the 16 clerk's office as may be requested by the public and 17 agreed to by the clerk and approved by the chief judge of 18 the circuit court. Any charges for additional services 19 shall be as agreed to between the clerk and the party 20 making the request and approved by the chief judge of the 21 circuit court. Nothing in this subsection shall be 22 construed to require any clerk to provide any service not 23 otherwise required by law. 24 (s) Jury Services. 25 The clerk shall be entitled to receive, in addition 26 to other fees allowed by law, the sum of a minimum of 27 $212.50 and maximum of $230, as a fee for the services of 28 a jury in every civil action not quasi-criminal in its 29 nature and not a proceeding for the exercise of the right 30 of eminent domain and in every other action wherein the 31 right of trial by jury is or may be given by law. The 32 jury fee shall be paid by the party demanding a jury at 33 the time of filing the jury demand. If the fee is not 34 paid by either party, no jury shall be called in the SB199 Enrolled -49- LRB093 06333 DRJ 06452 b 1 action or proceeding, and the same shall be tried by the 2 court without a jury. 3 (t) Voluntary Assignment. 4 For filing each deed of voluntary assignment, a 5 minimum of $20 and a maximum of $40; for recording the 6 same, a minimum of 50¢ and a maximum of $0.80 for each 7 100 words. Exceptions filed to claims presented to an 8 assignee of a debtor who has made a voluntary assignment 9 for the benefit of creditors shall be considered and 10 treated, for the purpose of taxing costs therein, as 11 actions in which the party or parties filing the 12 exceptions shall be considered as party or parties 13 plaintiff, and the claimant or claimants as party or 14 parties defendant, and those parties respectively shall 15 pay to the clerk the same fees as provided by this 16 Section to be paid in other actions. 17 (u) Expungement Petition. 18 The clerk shall be entitled to receive a fee of a 19 minimum of $60 and a maximum of $120 for each expungement 20 petition filed and an additional fee of a minimum of $4 21 and a maximum of $8 for each certified copy of an order 22 to expunge arrest records. 23 (v) Probate. 24 The clerk is entitled to receive the fees specified 25 in this subsection (v), which shall be paid in advance, 26 except that, for good cause shown, the court may suspend, 27 reduce, or release the costs payable under this 28 subsection: 29 (1) For administration of the estate of a decedent 30 (whether testate or intestate) or of a missing person, a 31 minimum of $150 and a maximum of $225, plus the fees 32 specified in subsection (v)(3), except: 33 (A) When the value of the real and personal 34 property does not exceed $15,000, the fee shall be a SB199 Enrolled -50- LRB093 06333 DRJ 06452 b 1 minimum of $40 and a maximum of $65. 2 (B) When (i) proof of heirship alone is made, 3 (ii) a domestic or foreign will is admitted to 4 probate without administration (including proof of 5 heirship), or (iii) letters of office are issued for 6 a particular purpose without administration of the 7 estate, the fee shall be a minimum of $40 and a 8 maximum of $65. 9 (2) For administration of the estate of a ward, a 10 minimum of $75 and a maximum of $110, plus the fees 11 specified in subsection (v)(3), except: 12 (A) When the value of the real and personal 13 property does not exceed $15,000, the fee shall be a 14 minimum of $40 and a maximum of $65. 15 (B) When (i) letters of office are issued to a 16 guardian of the person or persons, but not of the 17 estate or (ii) letters of office are issued in the 18 estate of a ward without administration of the 19 estate, including filing or joining in the filing of 20 a tax return or releasing a mortgage or consenting 21 to the marriage of the ward, the fee shall be a 22 minimum of $20 and a maximum of $40. 23 (3) In addition to the fees payable under 24 subsection (v)(1) or (v)(2) of this Section, the 25 following fees are payable: 26 (A) For each account (other than one final 27 account) filed in the estate of a decedent, or ward, 28 a minimum of $25 and a maximum of $40. 29 (B) For filing a claim in an estate when the 30 amount claimed is $150 or more but less than $500, a 31 minimum of $20 and a maximum of $40; when the amount 32 claimed is $500 or more but less than $10,000, a 33 minimum of $40 and a maximum of $65; when the amount 34 claimed is $10,000 or more, a minimum of $60 and a SB199 Enrolled -51- LRB093 06333 DRJ 06452 b 1 maximum of $90; provided that the court in allowing 2 a claim may add to the amount allowed the filing fee 3 paid by the claimant. 4 (C) For filing in an estate a claim, petition, 5 or supplemental proceeding based upon an action 6 seeking equitable relief including the construction 7 or contest of a will, enforcement of a contract to 8 make a will, and proceedings involving testamentary 9 trusts or the appointment of testamentary trustees, 10 a minimum of $60 and a maximum of $90. 11 (D) For filing in an estate (i) the appearance 12 of any person for the purpose of consent or (ii) the 13 appearance of an executor, administrator, 14 administrator to collect, guardian, guardian ad 15 litem, or special administrator, no fee. 16 (E) Except as provided in subsection 17 (v)(3)(D), for filing the appearance of any person 18 or persons, a minimum of $30 and a maximum of $90. 19 (F) For each jury demand, a minimum of $137.50 20 and a maximum of $180. 21 (G) For disposition of the collection of a 22 judgment or settlement of an action or claim for 23 wrongful death of a decedent or of any cause of 24 action of a ward, when there is no other 25 administration of the estate, a minimum of $50 and a 26 maximum of $80, less any amount paid under 27 subsection (v)(1)(B) or (v)(2)(B) except that if the 28 amount involved does not exceed $5,000, the fee, 29 including any amount paid under subsection (v)(1)(B) 30 or (v)(2)(B), shall be a minimum of $20 and a 31 maximum of $40. 32 (H) For each certified copy of letters of 33 office, of court order or other certification, a 34 minimum of $2 and a maximum of $4, plus $1 per page SB199 Enrolled -52- LRB093 06333 DRJ 06452 b 1 in excess of 3 pages for the document certified. 2 (I) For each exemplification, $2, plus the fee 3 for certification. 4 (4) The executor, administrator, guardian, 5 petitioner, or other interested person or his or her 6 attorney shall pay the cost of publication by the clerk 7 directly to the newspaper. 8 (5) The person on whose behalf a charge is incurred 9 for witness, court reporter, appraiser, or other 10 miscellaneous fee shall pay the same directly to the 11 person entitled thereto. 12 (6) The executor, administrator, guardian, 13 petitioner, or other interested person or his or her 14 attorney shall pay to the clerk all postage charges 15 incurred by the clerk in mailing petitions, orders, 16 notices, or other documents pursuant to the provisions of 17 the Probate Act of 1975. 18 (w) Criminal and Quasi-Criminal Costs and Fees. 19 (1) The clerk shall be entitled to costs in all 20 criminal and quasi-criminal cases from each person 21 convicted or sentenced to supervision therein as follows: 22 (A) Felony complaints, a minimum of $125 and a 23 maximum of $190. 24 (B) Misdemeanor complaints, a minimum of $75 25 and a maximum of $110. 26 (C) Business offense complaints, a minimum of 27 $75 and a maximum of $110. 28 (D) Petty offense complaints, a minimum of $75 29 and a maximum of $110. 30 (E) Minor traffic or ordinance violations, 31 $30. 32 (F) When court appearance required, $50. 33 (G) Motions to vacate or amend final orders, a 34 minimum of $40 and a maximum of $80. SB199 Enrolled -53- LRB093 06333 DRJ 06452 b 1 (H) Motions to vacate bond forfeiture orders, 2 a minimum of $30 and a maximum of $45. 3 (I) Motions to vacate ex parte judgments, 4 whenever filed, a minimum of $30 and a maximum of 5 $45. 6 (J) Motions to vacate judgment on forfeitures, 7 whenever filed, a minimum of $25 and a maximum of 8 $30. 9 (K) Motions to vacate "failure to appear" or 10 "failure to comply" notices sent to the Secretary of 11 State, a minimum of $40 and a maximum of $50. 12 (2) In counties having a population of 3,000,000 or 13 more, when the violation complaint is issued by a 14 municipal police department, the clerk shall be entitled 15 to costs from each person convicted therein as follows: 16 (A) Minor traffic or ordinance violations, 17 $30. 18 (B) When court appearance required, $50. 19 (3) In ordinance violation cases punishable by fine 20 only, the clerk of the circuit court shall be entitled to 21 receive, unless the fee is excused upon a finding by the 22 court that the defendant is indigent, in addition to 23 other fees or costs allowed or imposed by law, the sum of 24 a minimum of $112.50 and a maximum of $250 as a fee for 25 the services of a jury. The jury fee shall be paid by 26 the defendant at the time of filing his or her jury 27 demand. If the fee is not so paid by the defendant, no 28 jury shall be called, and the case shall be tried by the 29 court without a jury. 30 (x) Transcripts of Judgment. 31 For the filing of a transcript of judgment, the 32 clerk shall be entitled to the same fee as if it were the 33 commencement of a new suit. 34 (y) Change of Venue. SB199 Enrolled -54- LRB093 06333 DRJ 06452 b 1 (1) For the filing of a change of case on a change 2 of venue, the clerk shall be entitled to the same fee as 3 if it were the commencement of a new suit. 4 (2) The fee for the preparation and certification 5 of a record on a change of venue to another jurisdiction, 6 when original documents are forwarded, a minimum of $40 7 and a maximum of $65. 8 (z) Tax objection complaints. 9 For each tax objection complaint containing one or 10 more tax objections, regardless of the number of parcels 11 involved or the number of taxpayers joining in the 12 complaint, a minimum of $50 and a maximum of $100. 13 (aa) Tax Deeds. 14 (1) Petition for tax deed, if only one parcel is 15 involved, a minimum of $250 and a maximum of $400. 16 (2) For each additional parcel, add a fee of a 17 minimum of $100 and a maximum of $200. 18 (bb) Collections. 19 (1) For all collections made of others, except the 20 State and county and except in maintenance or child 21 support cases, a sum equal to 3.0% of the amount 22 collected and turned over. 23 (2) Interest earned on any funds held by the clerk 24 shall be turned over to the county general fund as an 25 earning of the office. 26 (3) For any check, draft, or other bank instrument 27 returned to the clerk for non-sufficient funds, account 28 closed, or payment stopped, $25. 29 (4) In child support and maintenance cases, the 30 clerk, if authorized by an ordinance of the county board, 31 may collect an annual fee of up to $36 from the person 32 making payment for maintaining child support records and 33 the processing of support orders to the State of Illinois 34 KIDS system and the recording of payments issued by the SB199 Enrolled -55- LRB093 06333 DRJ 06452 b 1 State Disbursement Unit for the official record of the 2 Court. This fee shall be in addition to and separate 3 from amounts ordered to be paid as maintenance or child 4 support and shall be deposited into a Separate 5 Maintenance and Child Support Collection Fund, of which 6 the clerk shall be the custodian, ex-officio, to be used 7 by the clerk to maintain child support orders and record 8 all payments issued by the State Disbursement Unit for 9 the official record of the Court. The clerk may recover 10 from the person making the maintenance or child support 11 payment any additional cost incurred in the collection of 12 this annual fee. 13 The clerk shall also be entitled to a fee of $5 for 14 certifications made to the Secretary of State as provided 15 in Section 7-703 of the Family Financial Responsibility 16 Law and these fees shall also be deposited into the 17 Separate Maintenance and Child Support Collection Fund. 18 (cc) Corrections of Numbers. 19 For correction of the case number, case title, or 20 attorney computer identification number, if required by 21 rule of court, on any document filed in the clerk's 22 office, to be charged against the party that filed the 23 document, a minimum of $25 and a maximum of $40. 24 (dd) Exceptions. 25 (1) The fee requirements of this Section shall not 26 apply to police departments or other law enforcement 27 agencies. In this Section, "law enforcement agency" 28 means an agency of the State or a unit of local 29 government which is vested by law or ordinance with the 30 duty to maintain public order and to enforce criminal 31 laws or ordinances. "Law enforcement agency" also means 32 the Attorney General or any state's attorney. 33 (2) No fee provided herein shall be charged to any 34 unit of local government or school district. The fee SB199 Enrolled -56- LRB093 06333 DRJ 06452 b 1 requirements of this Section shall not apply to any 2 action instituted under subsection (b) of Section 11-31-1 3 of the Illinois Municipal Code by a private owner or 4 tenant of real property within 1200 feet of a dangerous 5 or unsafe building seeking an order compelling the owner 6 or owners of the building to take any of the actions 7 authorized under that subsection. 8 (3) The fee requirements of this Section shall not 9 apply to the filing of any commitment petition or 10 petition for an order authorizing the administration of 11 authorized involuntary treatment in the form of 12 medication under the Mental Health and Developmental 13 Disabilities Code. 14 (ee) Adoption. 15 (1) For an adoption.............................$65 16 (2) Upon good cause shown, the court may waive the 17 adoption filing fee in a special needs adoption. The 18 term "special needs adoption" shall have the meaning 19 ascribed to it by the Illinois Department of Children and 20 Family Services. 21 (ff) Adoption exemptions. 22 No fee other than that set forth in subsection (ee) 23 shall be charged to any person in connection with an 24 adoption proceeding. 25 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 26 91-821, eff. 6-13-00; 92-521, eff. 6-1-02.) 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.