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Sen. John J. Cullerton
Filed: 6/1/2007
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LRB095 05101 WGH 37497 a |
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| AMENDMENT TO HOUSE BILL 830
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| AMENDMENT NO. ______. Amend House Bill 830, AS AMENDED, |
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| with reference to page and line numbers of Senate Amendment No. |
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| 7, on page 1, line 7 by changing "Section 8-2001" to "Sections |
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| 8-2001 and 8-2005"; and
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| on page 5, by inserting after line 26 the following:
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| "(735 ILCS 5/8-2005)
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| Sec. 8-2005. Attorney's records. This Section applies only |
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| if a client and his or her authorized
attorney have complied |
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| with all applicable legal requirements regarding
examination |
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| and copying of client files, including but not limited to
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| satisfaction of expenses and attorney retaining liens.
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| Upon the request of a client, an
attorney shall permit the |
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| client's authorized attorney to examine and copy the
records |
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| kept by the attorney in connection with the representation of |
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| the
client, with the exception of attorney work product. The |
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LRB095 05101 WGH 37497 a |
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| request for
examination and copying of the records shall be in
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| writing and shall be delivered to the attorney. Within a |
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| reasonable time after
the attorney receives the written |
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| request, the attorney shall comply with the
written request at |
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| his or her office or any other place designated by him or
her. |
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| At the time of copying, the person requesting the records shall
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| reimburse the attorney for all reasonable expenses, including |
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| the costs of
independent copy service companies, incurred by |
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| the attorney in connection
with the copying not to exceed a
$20 |
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| handling charge for processing the request,
and
the actual |
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| postage or shipping charges, if any, plus (1) for paper copies |
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| 75 cents per page for the first through 25th pages, 50 cents |
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| per page for the
26th through 50th pages, and 25 cents per page |
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| for all pages in excess of 50
(except that the charge shall not |
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| exceed $1.25 per page for any copies
made from microfiche or |
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| microfilm; records retrieved from scanning, digital imaging, |
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| electronic information or other digital format do not qualify |
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| as microfiche or microfilm retrieval for purposes of |
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| calculating charges); and (2) for electronic records, |
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| retrieved from a scanning, digital imaging, electronic |
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| information or other digital format in a electronic document, a |
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| charge of 50% of the per page charge for paper copies under |
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| subdivision (d)(1). This per page charge includes the cost of
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| 75 cents for each CD Rom, DVD, or other storage media. Records |
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| already maintained in an electronic or digital format shall be |
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| provided in an electronic format when so requested. If the |
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LRB095 05101 WGH 37497 a |
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| records system does not allow for the creation or transmission |
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| of an electronic or digital record, then the attorney shall |
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| inform the requester in writing of the reason the records can |
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| not be provided electronically. The written explanation may be |
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| included with the production of paper copies, if the requester |
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| chooses to order paper copies.
These rates shall be |
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| automatically
adjusted as set forth in Section 8-2006.
The |
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| attorney may, however, charge for the reasonable cost of all |
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| duplication of
record material or information that cannot |
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| routinely be copied or
duplicated on a standard commercial |
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| photocopy machine such as pictures.
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| An attorney shall satisfy the requirements of this Section |
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| within 60
days after he or she receives a request from a client |
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| or his or her authorized
attorney. An attorney who fails to |
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| comply with the time limit requirement of
this Section shall be |
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| required to pay expenses and reasonable attorney's fees
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| incurred in connection with any court-ordered enforcement of |
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| the
requirements of this Section.
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| (Source: P.A. 92-228, eff. 9-1-01; 09500SB0472ham001.)".
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