HB5130 Enrolled LRB093 20148 LCB 45893 b

1     AN ACT concerning fees.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Clerks of Courts Act is amended by changing
5 Sections 27.2, 27.2a and 27.3b as follows:
 
6     (705 ILCS 105/27.2)  (from Ch. 25, par. 27.2)
7     Sec. 27.2. The fees of the clerks of the circuit court in
8 all counties having a population in excess of 500,000
9 inhabitants but less than 3,000,000 inhabitants in the
10 instances described in this Section shall be as provided in
11 this Section. In those instances where a minimum and maximum
12 fee is stated, counties with more than 500,000 inhabitants but
13 less than 3,000,000 inhabitants must charge the minimum fee
14 listed in this Section and may charge up to the maximum fee if
15 the county board has by resolution increased the fee. In
16 addition, the minimum fees authorized in this Section shall
17 apply to all units of local government and school districts in
18 counties with more than 3,000,000 inhabitants. The fees shall
19 be paid in advance and shall be as follows:
20 (a) Civil Cases.
21         The fee for filing a complaint, petition, or other
22     pleading initiating a civil action, with the following
23     exceptions, shall be a minimum of $150 and a maximum of
24     $190.
25             (A) When the amount of money or damages or the
26         value of personal property claimed does not exceed
27         $250, a minimum of $10 and a maximum of $15.
28             (B) When that amount exceeds $250 but does not
29         exceed $1,000, a minimum of $20 and a maximum of $40.
30             (C) When that amount exceeds $1,000 but does not
31         exceed $2500, a minimum of $30 and a maximum of $50.
32             (D) When that amount exceeds $2500 but does not

 

 

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1         exceed $5,000, a minimum of $75 and a maximum of $100.
2             (D-5) When the amount exceeds $5,000 but does not
3         exceed $15,000, a minimum of $75 and a maximum of $150.
4             (E) For the exercise of eminent domain, $150. For
5         each additional lot or tract of land or right or
6         interest therein subject to be condemned, the damages
7         in respect to which shall require separate assessment
8         by a jury, $150.
9             (F) No fees shall be charged by the clerk to a
10         petitioner in any order of protection including, but
11         not limited to, filing, modifying, withdrawing,
12         certifying, or photocopying petitions for orders of
13         protection, or for issuing alias summons, or for any
14         related filing service, certifying, modifying,
15         vacating, or photocopying any orders of protection.
16 (b) Forcible Entry and Detainer.
17         In each forcible entry and detainer case when the
18     plaintiff seeks possession only or unites with his or her
19     claim for possession of the property a claim for rent or
20     damages or both in the amount of $15,000 or less, a minimum
21     of $40 and a maximum of $75. When the plaintiff unites his
22     or her claim for possession with a claim for rent or
23     damages or both exceeding $15,000, a minimum of $150 and a
24     maximum of $225.
25 (c) Counterclaim or Joining Third Party Defendant.
26         When any defendant files a counterclaim as part of his
27     or her answer or otherwise or joins another party as a
28     third party defendant, or both, the defendant shall pay a
29     fee for each counterclaim or third party action in an
30     amount equal to the fee he or she would have had to pay had
31     he or she brought a separate action for the relief sought
32     in the counterclaim or against the third party defendant,
33     less the amount of the appearance fee, if that has been
34     paid.
35 (d) Confession of Judgment.
36         In a confession of judgment when the amount does not

 

 

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1     exceed $1500, a minimum of $50 and a maximum of $60. When
2     the amount exceeds $1500, but does not exceed $5,000, $75.
3     When the amount exceeds $5,000, but does not exceed
4     $15,000, $175. When the amount exceeds $15,000, a minimum
5     of $200 and a maximum of $250.
6 (e) Appearance.
7         The fee for filing an appearance in each civil case
8     shall be a minimum of $50 and a maximum of $75, except as
9     follows:
10             (A) When the plaintiff in a forcible entry and
11         detainer case seeks possession only, a minimum of $20
12         and a maximum of $40.
13             (B) When the amount in the case does not exceed
14         $1500, a minimum of $20 and a maximum of $40.
15             (C) When the amount in the case exceeds $1500 but
16         does not exceed $15,000, a minimum of $40 and a maximum
17         of $60.
18 (f) Garnishment, Wage Deduction, and Citation.
19         In garnishment affidavit, wage deduction affidavit,
20     and citation petition when the amount does not exceed
21     $1,000, a minimum of $10 and a maximum of $15; when the
22     amount exceeds $1,000 but does not exceed $5,000, a minimum
23     of $20 and a maximum of $30; and when the amount exceeds
24     $5,000, a minimum of $30 and a maximum of $50.
25 (g) Petition to Vacate or Modify.
26         (1) Petition to vacate or modify any final judgment or
27     order of court, except in forcible entry and detainer cases
28     and small claims cases or a petition to reopen an estate,
29     to modify, terminate, or enforce a judgment or order for
30     child or spousal support, or to modify, suspend, or
31     terminate an order for withholding, if filed before 30 days
32     after the entry of the judgment or order, a minimum of $40
33     and a maximum of $50.
34         (2) Petition to vacate or modify any final judgment or
35     order of court, except a petition to modify, terminate, or
36     enforce a judgment or order for child or spousal support or

 

 

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1     to modify, suspend, or terminate an order for withholding,
2     if filed later than 30 days after the entry of the judgment
3     or order, a minimum of $60 and a maximum of $75.
4         (3) Petition to vacate order of bond forfeiture, a
5     minimum of $20 and a maximum of $40.
6 (h) Mailing.
7         When the clerk is required to mail, the fee will be a
8     minimum of $6 and a maximum of $10, 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 $10 and a maximum of $15.
14 (j) Habeas Corpus.
15         For filing a petition for relief by habeas corpus, a
16     minimum of $80 and a maximum of $125.
17 (k) Certification, Authentication, and Reproduction.
18         (1) Each certification or authentication for taking
19     the acknowledgment of a deed or other instrument in writing
20     with the seal of office, a minimum of $4 and a maximum of
21     $6.
22         (2) Court appeals when original documents are
23     forwarded, under 100 pages, plus delivery and costs, a
24     minimum of $50 and a maximum of $75.
25         (3) Court appeals when original documents are
26     forwarded, over 100 pages, plus delivery and costs, a
27     minimum of $120 and a maximum of $150.
28         (4) Court appeals when original documents are
29     forwarded, over 200 pages, an additional fee of a minimum
30     of 20 and a maximum of 25 cents per page.
31         (5) For reproduction of any document contained in the
32     clerk's files:
33             (A) First page, $2.
34             (B) Next 19 pages, 50 cents per page.
35             (C) All remaining pages, 25 cents per page.
36 (l) Remands.

 

 

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1         In any cases remanded to the Circuit Court from the
2     Supreme Court or the Appellate Court for a new trial, the
3     clerk shall file the remanding order and reinstate the case
4     with either its original number or a new number. The Clerk
5     shall not charge any new or additional fee for the
6     reinstatement. Upon reinstatement the Clerk shall advise
7     the parties of the reinstatement. A party shall have the
8     same right to a jury trial on remand and reinstatement as
9     he or she had before the appeal, and no additional or new
10     fee or charge shall be made for a jury trial after remand.
11 (m) Record Search.
12         For each record search, within a division or municipal
13     district, the clerk shall be entitled to a search fee of a
14     minimum of $4 and a maximum of $6 for each year searched.
15 (n) Hard Copy.
16         For each page of hard copy print output, when case
17     records are maintained on an automated medium, the clerk
18     shall be entitled to a fee of a minimum of $4 and a maximum
19     of $6.
20 (o) Index Inquiry and Other Records.
21         No fee shall be charged for a single
22     plaintiff/defendant index inquiry or single case record
23     inquiry when this request is made in person and the records
24     are maintained in a current automated medium, and when no
25     hard copy print output is requested. The fees to be charged
26     for management records, multiple case records, and
27     multiple journal records may be specified by the Chief
28     Judge pursuant to the guidelines for access and
29     dissemination of information approved by the Supreme
30     Court.
31 (p) (Blank).
32 (q) Alias Summons.
33         For each alias summons or citation issued by the clerk,
34     a minimum of $4 and a maximum of $5.
35 (r) Other Fees.
36         Any fees not covered in this Section shall be set by

 

 

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1     rule or administrative order of the Circuit Court with the
2     approval of the Administrative Office of the Illinois
3     Courts.
4         The clerk of the circuit court may provide additional
5     services for which there is no fee specified by statute in
6     connection with the operation of the clerk's office as may
7     be requested by the public and agreed to by the clerk and
8     approved by the chief judge of the circuit court. Any
9     charges for additional services shall be as agreed to
10     between the clerk and the party making the request and
11     approved by the chief judge of the circuit court. Nothing
12     in this subsection shall be construed to require any clerk
13     to provide any service not otherwise required by law.
14 (s) Jury Services.
15         The clerk shall be entitled to receive, in addition to
16     other fees allowed by law, the sum of a minimum of $192.50
17     and a maximum of $212.50, as a fee for the services of a
18     jury in every civil action not quasi-criminal in its nature
19     and not a proceeding for the exercise of the right of
20     eminent domain and in every other action wherein the right
21     of trial by jury is or may be given by law. The jury fee
22     shall be paid by the party demanding a jury at the time of
23     filing the jury demand. If the fee is not paid by either
24     party, no jury shall be called in the action or proceeding,
25     and the same shall be tried by the court without a jury.
26 (t) Voluntary Assignment.
27         For filing each deed of voluntary assignment, a minimum
28     of $10 and a maximum of $20; for recording the same, a
29     minimum of 25 and a maximum of 50 for each 100 words.
30     Exceptions filed to claims presented to an assignee of a
31     debtor who has made a voluntary assignment for the benefit
32     of creditors shall be considered and treated, for the
33     purpose of taxing costs therein, as actions in which the
34     party or parties filing the exceptions shall be considered
35     as party or parties plaintiff, and the claimant or
36     claimants as party or parties defendant, and those parties

 

 

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1     respectively shall pay to the clerk the same fees as
2     provided by this Section to be paid in other actions.
3 (u) Expungement Petition.
4         The clerk shall be entitled to receive a fee of a
5     minimum of $30 and a maximum of $60 for each expungement
6     petition filed and an additional fee of a minimum of $2 and
7     a maximum of $4 for each certified copy of an order to
8     expunge arrest records.
9 (v) Probate.
10         The clerk is entitled to receive the fees specified in
11     this subsection (v), which shall be paid in advance, except
12     that, for good cause shown, the court may suspend, reduce,
13     or release the costs payable under this subsection:
14         (1) For administration of the estate of a decedent
15     (whether testate or intestate) or of a missing person, a
16     minimum of $100 and a maximum of $150, plus the fees
17     specified in subsection (v)(3), except:
18             (A) When the value of the real and personal
19         property does not exceed $15,000, the fee shall be a
20         minimum of $25 and a maximum of $40.
21             (B) When (i) proof of heirship alone is made, (ii)
22         a domestic or foreign will is admitted to probate
23         without administration (including proof of heirship),
24         or (iii) letters of office are issued for a particular
25         purpose without administration of the estate, the fee
26         shall be a minimum of $25 and a maximum of $40.
27         (2) For administration of the estate of a ward, a
28     minimum of $50 and a maximum of $75, plus the fees
29     specified in subsection (v)(3), except:
30             (A) When the value of the real and personal
31         property does not exceed $15,000, the fee shall be a
32         minimum of $25 and a maximum of $40.
33             (B) When (i) letters of office are issued to a
34         guardian of the person or persons, but not of the
35         estate or (ii) letters of office are issued in the
36         estate of a ward without administration of the estate,

 

 

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1         including filing or joining in the filing of a tax
2         return or releasing a mortgage or consenting to the
3         marriage of the ward, the fee shall be a minimum of $10
4         and a maximum of $20.
5         (3) In addition to the fees payable under subsection
6     (v)(1) or (v)(2) of this Section, the following fees are
7     payable:
8             (A) For each account (other than one final account)
9         filed in the estate of a decedent, or ward, a minimum
10         of $15 and a maximum of $25.
11             (B) For filing a claim in an estate when the amount
12         claimed is $150 or more but less than $500, a minimum
13         of $10 and a maximum of $20; when the amount claimed is
14         $500 or more but less than $10,000, a minimum of $25
15         and a maximum of $40; when the amount claimed is
16         $10,000 or more, a minimum of $40 and a maximum of $60;
17         provided that the court in allowing a claim may add to
18         the amount allowed the filing fee paid by the claimant.
19             (C) For filing in an estate a claim, petition, or
20         supplemental proceeding based upon an action seeking
21         equitable relief including the construction or contest
22         of a will, enforcement of a contract to make a will,
23         and proceedings involving testamentary trusts or the
24         appointment of testamentary trustees, a minimum of $40
25         and a maximum of $60.
26             (D) For filing in an estate (i) the appearance of
27         any person for the purpose of consent or (ii) the
28         appearance of an executor, administrator,
29         administrator to collect, guardian, guardian ad litem,
30         or special administrator, no fee.
31             (E) Except as provided in subsection (v)(3)(D),
32         for filing the appearance of any person or persons, a
33         minimum of $10 and a maximum of $30.
34             (F) For each jury demand, a minimum of $102.50 and
35         a maximum of $137.50.
36             (G) For disposition of the collection of a judgment

 

 

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1         or settlement of an action or claim for wrongful death
2         of a decedent or of any cause of action of a ward, when
3         there is no other administration of the estate, a
4         minimum of $30 and a maximum of $50, less any amount
5         paid under subsection (v)(1)(B) or (v)(2)(B) except
6         that if the amount involved does not exceed $5,000, the
7         fee, including any amount paid under subsection
8         (v)(1)(B) 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 office,
11         of court order or other certification, a minimum of $1
12         and a maximum of $2, plus a minimum of 50 and a
13         maximum of $1 per page in excess of 3 pages for the
14         document certified.
15             (I) For each exemplification, a minimum of $1 and a
16         maximum of $2, plus the fee for certification.
17         (4) The executor, administrator, guardian, petitioner,
18     or other interested person or his or her attorney shall pay
19     the cost of publication by the clerk directly to the
20     newspaper.
21         (5) The person on whose behalf a charge is incurred for
22     witness, court reporter, appraiser, or other miscellaneous
23     fee shall pay the same directly to the person entitled
24     thereto.
25         (6) The executor, administrator, guardian, petitioner,
26     or other interested person or his attorney shall pay to the
27     clerk all postage charges incurred by the clerk in mailing
28     petitions, orders, notices, or other documents pursuant to
29     the provisions of the Probate Act of 1975.
30 (w) Criminal and Quasi-Criminal Costs and Fees.
31         (1) The clerk shall be entitled to costs in all
32     criminal and quasi-criminal cases from each person
33     convicted or sentenced to supervision therein as follows:
34             (A) Felony complaints, a minimum of $80 and a
35         maximum of $125.
36             (B) Misdemeanor complaints, a minimum of $50 and a

 

 

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1         maximum of $75.
2             (C) Business offense complaints, a minimum of $50
3         and a maximum of $75.
4             (D) Petty offense complaints, a minimum of $50 and
5         a maximum of $75.
6             (E) Minor traffic or ordinance violations, $20.
7             (F) When court appearance required, $30.
8             (G) Motions to vacate or amend final orders, a
9         minimum of $20 and a maximum of $40.
10             (H) Motions to vacate bond forfeiture orders, a
11         minimum of $20 and a maximum of $30.
12             (I) Motions to vacate ex parte judgments, whenever
13         filed, a minimum of $20 and a maximum of $30.
14             (J) Motions to vacate judgment on forfeitures,
15         whenever filed, a minimum of $20 and a maximum of $25.
16             (K) Motions to vacate "failure to appear" or
17         "failure to comply" notices sent to the Secretary of
18         State, a minimum of $20 and a maximum of $40.
19         (2) In counties having a population of more than
20     500,000 but fewer than 3,000,000 inhabitants, when the
21     violation complaint is issued by a municipal police
22     department, the clerk shall be entitled to costs from each
23     person convicted therein as follows:
24             (A) Minor traffic or ordinance violations, $10.
25             (B) When court appearance required, $15.
26         (3) In ordinance violation cases punishable by fine
27     only, the clerk of the circuit court shall be entitled to
28     receive, unless the fee is excused upon a finding by the
29     court that the defendant is indigent, in addition to other
30     fees or costs allowed or imposed by law, the sum of a
31     minimum of $50 and a maximum of $112.50 as a fee for the
32     services of a jury. The jury fee shall be paid by the
33     defendant at the time of filing his or her jury demand. If
34     the fee is not so paid by the defendant, no jury shall be
35     called, and the case shall be tried by the court without a
36     jury.

 

 

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1 (x) Transcripts of Judgment.
2         For the filing of a transcript of judgment, the clerk
3     shall be entitled to the same fee as if it were the
4     commencement of new suit.
5 (y) Change of Venue.
6         (1) For the filing of a change of case on a change of
7     venue, the clerk shall be entitled to the same fee as if it
8     were the commencement of a new suit.
9         (2) The fee for the preparation and certification of a
10     record on a change of venue to another jurisdiction, when
11     original documents are forwarded, a minimum of $25 and a
12     maximum of $40.
13 (z) Tax objection complaints.
14         For each tax objection complaint containing one or more
15     tax objections, regardless of the number of parcels
16     involved or the number of taxpayers joining in the
17     complaint, a minimum of $25 and a maximum of $50.
18 (aa) Tax Deeds.
19         (1) Petition for tax deed, if only one parcel is
20     involved, a minimum of $150 and a maximum of $250.
21         (2) For each additional parcel, add a fee of a minimum
22     of $50 and a maximum of $100.
23 (bb) Collections.
24         (1) For all collections made of others, except the
25     State and county and except in maintenance or child support
26     cases, a sum equal to a minimum of 2.5% and a maximum of
27     3.0% of the amount collected and turned over.
28         (2) Interest earned on any funds held by the clerk
29     shall be turned over to the county general fund as an
30     earning of the office.
31         (3) For any check, draft, or other bank instrument
32     returned to the clerk for non-sufficient funds, account
33     closed, or payment stopped, $25.
34         (4) In child support and maintenance cases, the clerk,
35     if authorized by an ordinance of the county board, may
36     collect an annual fee of up to $36 from the person making

 

 

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1     payment for maintaining child support records and the
2     processing of support orders to the State of Illinois KIDS
3     system and the recording of payments issued by the State
4     Disbursement Unit for the official record of the Court.
5     This fee shall be in addition to and separate from amounts
6     ordered to be paid as maintenance or child support and
7     shall be deposited into a Separate Maintenance and Child
8     Support Collection Fund, of which the clerk shall be the
9     custodian, ex-officio, to be used by the clerk to maintain
10     child support orders and record all payments issued by the
11     State Disbursement Unit for the official record of the
12     Court. The clerk may recover from the person making the
13     maintenance or child support payment any additional cost
14     incurred in the collection of this annual fee.
15         The clerk shall also be entitled to a fee of $5 for
16     certifications made to the Secretary of State as provided
17     in Section 7-703 of the Family Financial Responsibility Law
18     and these fees shall also be deposited into the Separate
19     Maintenance and Child Support Collection Fund.
20 (cc) Corrections of Numbers.
21         For correction of the case number, case title, or
22     attorney computer identification number, if required by
23     rule of court, on any document filed in the clerk's office,
24     to be charged against the party that filed the document, a
25     minimum of $15 and a maximum of $25.
26 (dd) Exceptions.
27         The fee requirements of this Section shall not apply to
28     police departments or other law enforcement agencies. In
29     this Section, "law enforcement agency" means an agency of
30     the State or a unit of local government which is vested by
31     law or ordinance with the duty to maintain public order and
32     to enforce criminal laws or ordinances. "Law enforcement
33     agency" also means the Attorney General or any state's
34     attorney. The fee requirements of this Section shall not
35     apply to any action instituted under subsection (b) of
36     Section 11-31-1 of the Illinois Municipal Code by a private

 

 

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1     owner or tenant of real property within 1200 feet of a
2     dangerous or unsafe building seeking an order compelling
3     the owner or owners of the building to take any of the
4     actions authorized under that subsection.
5         The fee requirements of this Section shall not apply to
6     the filing of any commitment petition or petition for an
7     order authorizing the administration of authorized
8     involuntary treatment in the form of medication under the
9     Mental Health and Developmental Disabilities Code.
10 (ee) Adoptions.
11         (1) For an adoption...................................$65
12         (2) Upon good cause shown, the court may waive the
13     adoption filing fee in a special needs adoption. The term
14     "special needs adoption" shall have the meaning ascribed to
15     it by the Illinois Department of Children and Family
16     Services.
17 (ff) Adoption exemptions.
18         No fee other than that set forth in subsection (ee)
19     shall be charged to any person in connection with an
20     adoption proceeding nor may any fee be charged for
21     proceedings for the appointment of a confidential
22     intermediary under the Adoption Act.
23 (gg) Unpaid fees.
24         Unless a court ordered payment schedule is implemented
25     or the fee requirements of this Section are waived pursuant
26     to court order, the clerk of the court may add to any
27     unpaid fees and costs under this Section a delinquency
28     amount equal to 5% of the unpaid fees that remain unpaid
29     after 30 days, 10% of the unpaid fees that remain unpaid
30     after 60 days, and 15% of the unpaid fees that remain
31     unpaid after 90 days. Notice to those parties may be made
32     by signage posting or publication. The additional
33     delinquency amounts collected under this Section shall be
34     used to defray additional administrative costs incurred by
35     the clerk of the circuit court in collecting unpaid fees
36     and costs.

 

 

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1 (Source: P.A. 92-16, eff. 6-28-01; 92-521, eff. 6-1-02; 93-385,
2 eff. 7-25-03; 93-573, eff. 8-21-03; revised 9-8-03.)
 
3     (705 ILCS 105/27.2a)  (from Ch. 25, par. 27.2a)
4     Sec. 27.2a. The fees of the clerks of the circuit court in
5 all counties having a population of 3,000,000 or more
6 inhabitants in the instances described in this Section shall be
7 as provided in this Section. In those instances where a minimum
8 and maximum fee is stated, the clerk of the circuit court must
9 charge the minimum fee listed and may charge up to the maximum
10 fee if the county board has by resolution increased the fee.
11 The fees shall be paid in advance and shall be as follows:
12 (a) Civil Cases.
13         The fee for filing a complaint, petition, or other
14     pleading initiating a civil action, with the following
15     exceptions, shall be a minimum of $190 and a maximum of
16     $240.
17             (A) When the amount of money or damages or the
18         value of personal property claimed does not exceed
19         $250, a minimum of $15 and a maximum of $22.
20             (B) When that amount exceeds $250 but does not
21         exceed $1000, a minimum of $40 and a maximum of $75.
22             (C) When that amount exceeds $1000 but does not
23         exceed $2500, a minimum of $50 and a maximum of $80.
24             (D) When that amount exceeds $2500 but does not
25         exceed $5000, a minimum of $100 and a maximum of $130.
26             (E) When that amount exceeds $5000 but does not
27         exceed $15,000, $150.
28             (F) For the exercise of eminent domain, $150. For
29         each additional lot or tract of land or right or
30         interest therein subject to be condemned, the damages
31         in respect to which shall require separate assessment
32         by a jury, $150.
33             (G) For the final determination of parking,
34         standing, and compliance violations and final
35         administrative decisions issued after hearings

 

 

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1         regarding vehicle immobilization and impoundment made
2         pursuant to Sections 3-704.1, 6-306.5, and 11-208.3 of
3         the Illinois Vehicle Code, $25.
4             (H) No fees shall be charged by the clerk to a
5         petitioner in any order of protection including, but
6         not limited to, filing, modifying, withdrawing,
7         certifying, or photocopying petitions for orders of
8         protection, or for issuing alias summons, or for any
9         related filing service, certifying, modifying,
10         vacating, or photocopying any orders of protection.
11 (b) Forcible Entry and Detainer.
12         In each forcible entry and detainer case when the
13     plaintiff seeks possession only or unites with his or her
14     claim for possession of the property a claim for rent or
15     damages or both in the amount of $15,000 or less, a minimum
16     of $75 and a maximum of $140. When the plaintiff unites his
17     or her claim for possession with a claim for rent or
18     damages or both exceeding $15,000, a minimum of $225 and a
19     maximum of $335.
20 (c) Counterclaim or Joining Third Party Defendant.
21         When any defendant files a counterclaim as part of his
22     or her answer or otherwise or joins another party as a
23     third party defendant, or both, the defendant shall pay a
24     fee for each counterclaim or third party action in an
25     amount equal to the fee he or she would have had to pay had
26     he or she brought a separate action for the relief sought
27     in the counterclaim or against the third party defendant,
28     less the amount of the appearance fee, if that has been
29     paid.
30 (d) Confession of Judgment.
31         In a confession of judgment when the amount does not
32     exceed $1500, a minimum of $60 and a maximum of $70. When
33     the amount exceeds $1500, but does not exceed $5000, a
34     minimum of $75 and a maximum of $150. When the amount
35     exceeds $5000, but does not exceed $15,000, a minimum of
36     $175 and a maximum of $260. When the amount exceeds

 

 

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1     $15,000, a minimum of $250 and a maximum of $310.
2 (e) Appearance.
3         The fee for filing an appearance in each civil case
4     shall be a minimum of $75 and a maximum of $110, except as
5     follows:
6             (A) When the plaintiff in a forcible entry and
7         detainer case seeks possession only, a minimum of $40
8         and a maximum of $80.
9             (B) When the amount in the case does not exceed
10         $1500, a minimum of $40 and a maximum of $80.
11             (C) When that amount exceeds $1500 but does not
12         exceed $15,000, a minimum of $60 and a maximum of $90.
13 (f) Garnishment, Wage Deduction, and Citation.
14         In garnishment affidavit, wage deduction affidavit,
15     and citation petition when the amount does not exceed
16     $1,000, a minimum of $15 and a maximum of $25; when the
17     amount exceeds $1,000 but does not exceed $5,000, a minimum
18     of $30 and a maximum of $45; and when the amount exceeds
19     $5,000, a minimum of $50 and a maximum of $80.
20 (g) Petition to Vacate or Modify.
21         (1) Petition to vacate or modify any final judgment or
22     order of court, except in forcible entry and detainer cases
23     and small claims cases or a petition to reopen an estate,
24     to modify, terminate, or enforce a judgment or order for
25     child or spousal support, or to modify, suspend, or
26     terminate an order for withholding, if filed before 30 days
27     after the entry of the judgment or order, a minimum of $50
28     and a maximum of $60.
29         (2) Petition to vacate or modify any final judgment or
30     order of court, except a petition to modify, terminate, or
31     enforce a judgment or order for child or spousal support or
32     to modify, suspend, or terminate an order for withholding,
33     if filed later than 30 days after the entry of the judgment
34     or order, a minimum of $75 and a maximum of $90.
35         (3) Petition to vacate order of bond forfeiture, a
36     minimum of $40 and a maximum of $80.

 

 

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1 (h) Mailing.
2         When the clerk is required to mail, the fee will be a
3     minimum of $10 and a maximum of $15, plus the cost of
4     postage.
5 (i) Certified Copies.
6         Each certified copy of a judgment after the first,
7     except in small claims and forcible entry and detainer
8     cases, a minimum of $15 and a maximum of $20.
9 (j) Habeas Corpus.
10         For filing a petition for relief by habeas corpus, a
11     minimum of $125 and a maximum of $190.
12 (k) Certification, Authentication, and Reproduction.
13         (1) Each certification or authentication for taking
14     the acknowledgment of a deed or other instrument in writing
15     with the seal of office, a minimum of $6 and a maximum of
16     $9.
17         (2) Court appeals when original documents are
18     forwarded, under 100 pages, plus delivery and costs, a
19     minimum of $75 and a maximum of $110.
20         (3) Court appeals when original documents are
21     forwarded, over 100 pages, plus delivery and costs, a
22     minimum of $150 and a maximum of $185.
23         (4) Court appeals when original documents are
24     forwarded, over 200 pages, an additional fee of a minimum
25     of 25 and a maximum of 30 cents per page.
26         (5) For reproduction of any document contained in the
27     clerk's files:
28             (A) First page, $2.
29             (B) Next 19 pages, 50 cents per page.
30             (C) All remaining pages, 25 cents per page.
31 (l) Remands.
32         In any cases remanded to the Circuit Court from the
33     Supreme Court or the Appellate Court for a new trial, the
34     clerk shall file the remanding order and reinstate the case
35     with either its original number or a new number. The Clerk
36     shall not charge any new or additional fee for the

 

 

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1     reinstatement. Upon reinstatement the Clerk shall advise
2     the parties of the reinstatement. A party shall have the
3     same right to a jury trial on remand and reinstatement as
4     he or she had before the appeal, and no additional or new
5     fee or charge shall be made for a jury trial after remand.
6 (m) Record Search.
7         For each record search, within a division or municipal
8     district, the clerk shall be entitled to a search fee of a
9     minimum of $6 and a maximum of $9 for each year searched.
10 (n) Hard Copy.
11         For each page of hard copy print output, when case
12     records are maintained on an automated medium, the clerk
13     shall be entitled to a fee of a minimum of $6 and a maximum
14     of $9.
15 (o) Index Inquiry and Other Records.
16         No fee shall be charged for a single
17     plaintiff/defendant index inquiry or single case record
18     inquiry when this request is made in person and the records
19     are maintained in a current automated medium, and when no
20     hard copy print output is requested. The fees to be charged
21     for management records, multiple case records, and
22     multiple journal records may be specified by the Chief
23     Judge pursuant to the guidelines for access and
24     dissemination of information approved by the Supreme
25     Court.
26 (p) (Blank).
27 (q) Alias Summons.
28         For each alias summons or citation issued by the clerk,
29     a minimum of $5 and a maximum of $6.
30 (r) Other Fees.
31         Any fees not covered in this Section shall be set by
32     rule or administrative order of the Circuit Court with the
33     approval of the Administrative Office of the Illinois
34     Courts.
35         The clerk of the circuit court may provide additional
36     services for which there is no fee specified by statute in

 

 

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1     connection with the operation of the clerk's office as may
2     be requested by the public and agreed to by the clerk and
3     approved by the chief judge of the circuit court. Any
4     charges for additional services shall be as agreed to
5     between the clerk and the party making the request and
6     approved by the chief judge of the circuit court. Nothing
7     in this subsection shall be construed to require any clerk
8     to provide any service not otherwise required by law.
9 (s) Jury Services.
10         The clerk shall be entitled to receive, in addition to
11     other fees allowed by law, the sum of a minimum of $212.50
12     and maximum of $230, as a fee for the services of a jury in
13     every civil action not quasi-criminal in its nature and not
14     a proceeding for the exercise of the right of eminent
15     domain and in every other action wherein the right of trial
16     by jury is or may be given by law. The jury fee shall be
17     paid by the party demanding a jury at the time of filing
18     the jury demand. If the fee is not paid by either party, no
19     jury shall be called in the action or proceeding, and the
20     same shall be tried by the court without a jury.
21 (t) Voluntary Assignment.
22         For filing each deed of voluntary assignment, a minimum
23     of $20 and a maximum of $40; for recording the same, a
24     minimum of 50 and a maximum of $0.80 for each 100 words.
25     Exceptions filed to claims presented to an assignee of a
26     debtor who has made a voluntary assignment for the benefit
27     of creditors shall be considered and treated, for the
28     purpose of taxing costs therein, as actions in which the
29     party or parties filing the exceptions shall be considered
30     as party or parties plaintiff, and the claimant or
31     claimants as party or parties defendant, and those parties
32     respectively shall pay to the clerk the same fees as
33     provided by this Section to be paid in other actions.
34 (u) Expungement Petition.
35         The clerk shall be entitled to receive a fee of a
36     minimum of $60 and a maximum of $120 for each expungement

 

 

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1     petition filed and an additional fee of a minimum of $4 and
2     a maximum of $8 for each certified copy of an order to
3     expunge arrest records.
4 (v) Probate.
5         The clerk is entitled to receive the fees specified in
6     this subsection (v), which shall be paid in advance, except
7     that, for good cause shown, the court may suspend, reduce,
8     or release the costs payable under this subsection:
9         (1) For administration of the estate of a decedent
10     (whether testate or intestate) or of a missing person, a
11     minimum of $150 and a maximum of $225, plus the fees
12     specified in subsection (v)(3), except:
13             (A) When the value of the real and personal
14         property does not exceed $15,000, the fee shall be a
15         minimum of $40 and a maximum of $65.
16             (B) When (i) proof of heirship alone is made, (ii)
17         a domestic or foreign will is admitted to probate
18         without administration (including proof of heirship),
19         or (iii) letters of office are issued for a particular
20         purpose without administration of the estate, the fee
21         shall be a minimum of $40 and a maximum of $65.
22         (2) For administration of the estate of a ward, a
23     minimum of $75 and a maximum of $110, plus the fees
24     specified in subsection (v)(3), except:
25             (A) When the value of the real and personal
26         property does not exceed $15,000, the fee shall be a
27         minimum of $40 and a maximum of $65.
28             (B) When (i) letters of office are issued to a
29         guardian of the person or persons, but not of the
30         estate or (ii) letters of office are issued in the
31         estate of a ward without administration of the estate,
32         including filing or joining in the filing of a tax
33         return or releasing a mortgage or consenting to the
34         marriage of the ward, the fee shall be a minimum of $20
35         and a maximum of $40.
36         (3) In addition to the fees payable under subsection

 

 

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1     (v)(1) or (v)(2) of this Section, the following fees are
2     payable:
3             (A) For each account (other than one final account)
4         filed in the estate of a decedent, or ward, a minimum
5         of $25 and a maximum of $40.
6             (B) For filing a claim in an estate when the amount
7         claimed is $150 or more but less than $500, a minimum
8         of $20 and a maximum of $40; when the amount claimed is
9         $500 or more but less than $10,000, a minimum of $40
10         and a maximum of $65; when the amount claimed is
11         $10,000 or more, a minimum of $60 and a maximum of $90;
12         provided that the court in allowing a claim may add to
13         the amount allowed the filing fee paid by the claimant.
14             (C) For filing in an estate a claim, petition, or
15         supplemental proceeding based upon an action seeking
16         equitable relief including the construction or contest
17         of a will, enforcement of a contract to make a will,
18         and proceedings involving testamentary trusts or the
19         appointment of testamentary trustees, a minimum of $60
20         and a maximum of $90.
21             (D) For filing in an estate (i) the appearance of
22         any person for the purpose of consent or (ii) the
23         appearance of an executor, administrator,
24         administrator to collect, guardian, guardian ad litem,
25         or special administrator, no fee.
26             (E) Except as provided in subsection (v)(3)(D),
27         for filing the appearance of any person or persons, a
28         minimum of $30 and a maximum of $90.
29             (F) For each jury demand, a minimum of $137.50 and
30         a maximum of $180.
31             (G) For disposition of the collection of a judgment
32         or settlement of an action or claim for wrongful death
33         of a decedent or of any cause of action of a ward, when
34         there is no other administration of the estate, a
35         minimum of $50 and a maximum of $80, less any amount
36         paid under subsection (v)(1)(B) or (v)(2)(B) except

 

 

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1         that if the amount involved does not exceed $5,000, the
2         fee, including any amount paid under subsection
3         (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a
4         maximum of $40.
5             (H) For each certified copy of letters of office,
6         of court order or other certification, a minimum of $2
7         and a maximum of $4, plus $1 per page in excess of 3
8         pages for the document certified.
9             (I) For each exemplification, $2, plus the fee for
10         certification.
11         (4) The executor, administrator, guardian, petitioner,
12     or other interested person or his or her attorney shall pay
13     the cost of publication by the clerk directly to the
14     newspaper.
15         (5) The person on whose behalf a charge is incurred for
16     witness, court reporter, appraiser, or other miscellaneous
17     fee shall pay the same directly to the person entitled
18     thereto.
19         (6) The executor, administrator, guardian, petitioner,
20     or other interested person or his or her attorney shall pay
21     to the clerk all postage charges incurred by the clerk in
22     mailing petitions, orders, notices, or other documents
23     pursuant to the provisions of the Probate Act of 1975.
24 (w) Criminal and Quasi-Criminal Costs and Fees.
25         (1) The clerk shall be entitled to costs in all
26     criminal and quasi-criminal cases from each person
27     convicted or sentenced to supervision therein as follows:
28             (A) Felony complaints, a minimum of $125 and a
29         maximum of $190.
30             (B) Misdemeanor complaints, a minimum of $75 and a
31         maximum of $110.
32             (C) Business offense complaints, a minimum of $75
33         and a maximum of $110.
34             (D) Petty offense complaints, a minimum of $75 and
35         a maximum of $110.
36             (E) Minor traffic or ordinance violations, $30.

 

 

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1             (F) When court appearance required, $50.
2             (G) Motions to vacate or amend final orders, a
3         minimum of $40 and a maximum of $80.
4             (H) Motions to vacate bond forfeiture orders, a
5         minimum of $30 and a maximum of $45.
6             (I) Motions to vacate ex parte judgments, whenever
7         filed, a minimum of $30 and a maximum of $45.
8             (J) Motions to vacate judgment on forfeitures,
9         whenever filed, a minimum of $25 and a maximum of $30.
10             (K) Motions to vacate "failure to appear" or
11         "failure to comply" notices sent to the Secretary of
12         State, a minimum of $40 and a maximum of $50.
13         (2) In counties having a population of 3,000,000 or
14     more, when the violation complaint is issued by a municipal
15     police department, the clerk shall be entitled to costs
16     from each person convicted therein as follows:
17             (A) Minor traffic or ordinance violations, $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 other
23     fees or costs allowed or imposed by law, the sum of a
24     minimum of $112.50 and a maximum of $250 as a fee for the
25     services of a jury. The jury fee shall be paid by the
26     defendant at the time of filing his or her jury demand. If
27     the fee is not so paid by the defendant, no jury shall be
28     called, and the case shall be tried by the court without a
29     jury.
30 (x) Transcripts of Judgment.
31         For the filing of a transcript of judgment, the clerk
32     shall be entitled to the same fee as if it were the
33     commencement of a new suit.
34 (y) Change of Venue.
35         (1) For the filing of a change of case on a change of
36     venue, the clerk shall be entitled to the same fee as if it

 

 

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1     were the commencement of a new suit.
2         (2) The fee for the preparation and certification of a
3     record on a change of venue to another jurisdiction, when
4     original documents are forwarded, a minimum of $40 and a
5     maximum of $65.
6 (z) Tax objection complaints.
7         For each tax objection complaint containing one or more
8     tax objections, regardless of the number of parcels
9     involved or the number of taxpayers joining in the
10     complaint, a minimum of $50 and a maximum of $100.
11 (aa) Tax Deeds.
12         (1) Petition for tax deed, if only one parcel is
13     involved, a minimum of $250 and a maximum of $400.
14         (2) For each additional parcel, add a fee of a minimum
15     of $100 and a maximum of $200.
16 (bb) Collections.
17         (1) For all collections made of others, except the
18     State and county and except in maintenance or child support
19     cases, a sum equal to 3.0% of the amount collected and
20     turned over.
21         (2) Interest earned on any funds held by the clerk
22     shall be turned over to the county general fund as an
23     earning of the office.
24         (3) For any check, draft, or other bank instrument
25     returned to the clerk for non-sufficient funds, account
26     closed, or payment stopped, $25.
27         (4) In child support and maintenance cases, the clerk,
28     if authorized by an ordinance of the county board, may
29     collect an annual fee of up to $36 from the person making
30     payment for maintaining child support records and the
31     processing of support orders to the State of Illinois KIDS
32     system and the recording of payments issued by the State
33     Disbursement Unit for the official record of the Court.
34     This fee shall be in addition to and separate from amounts
35     ordered to be paid as maintenance or child support and
36     shall be deposited into a Separate Maintenance and Child

 

 

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1     Support Collection Fund, of which the clerk shall be the
2     custodian, ex-officio, to be used by the clerk to maintain
3     child support orders and record all payments issued by the
4     State Disbursement Unit for the official record of the
5     Court.     The clerk may recover from the person making the
6     maintenance or child support payment any additional cost
7     incurred in the collection of this annual fee.
8         The clerk shall also be entitled to a fee of $5 for
9     certifications made to the Secretary of State as provided
10     in Section 7-703 of the Family Financial Responsibility Law
11     and these fees shall also be deposited into the Separate
12     Maintenance and Child Support Collection Fund.
13 (cc) Corrections of Numbers.
14         For correction of the case number, case title, or
15     attorney computer identification number, if required by
16     rule of court, on any document filed in the clerk's office,
17     to be charged against the party that filed the document, a
18     minimum of $25 and a maximum of $40.
19 (dd) Exceptions.
20         (1) The fee requirements of this Section shall not
21     apply to police departments or other law enforcement
22     agencies. In this Section, "law enforcement agency" means
23     an agency of the State or a unit of local government which
24     is vested by law or ordinance with the duty to maintain
25     public order and to enforce criminal laws or ordinances.
26     "Law enforcement agency" also means the Attorney General or
27     any state's attorney.
28         (2) No fee provided herein shall be charged to any unit
29     of local government or school district. The fee
30     requirements of this Section shall not apply to any action
31     instituted under subsection (b) of Section 11-31-1 of the
32     Illinois Municipal Code by a private owner or tenant of
33     real property within 1200 feet of a dangerous or unsafe
34     building seeking an order compelling the owner or owners of
35     the building to take any of the actions authorized under
36     that subsection.

 

 

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1         (3) The fee requirements of this Section shall not
2     apply to the filing of any commitment petition or petition
3     for an order authorizing the administration of authorized
4     involuntary treatment in the form of medication under the
5     Mental Health and Developmental Disabilities Code.
6 (ee) Adoption.
7         (1) For an adoption...................................$65
8         (2) Upon good cause shown, the court may waive the
9     adoption filing fee in a special needs adoption. The term
10     "special needs adoption" shall have the meaning ascribed to
11     it by the Illinois Department of Children and Family
12     Services.
13 (ff) Adoption exemptions.
14         No fee other than that set forth in subsection (ee)
15     shall be charged to any person in connection with an
16     adoption proceeding nor may any fee be charged for
17     proceedings for the appointment of a confidential
18     intermediary under the Adoption Act.
19 (gg) Unpaid fees.
20         Unless a court ordered payment schedule is implemented
21     or the fee requirements of this Section are waived pursuant
22     to court order, the clerk of the court may add to any
23     unpaid fees and costs under this Section a delinquency
24     amount equal to 5% of the unpaid fees that remain unpaid
25     after 30 days, 10% of the unpaid fees that remain unpaid
26     after 60 days, and 15% of the unpaid fees that remain
27     unpaid after 90 days. Notice to those parties may be made
28     by signage posting or publication. The additional
29     delinquency amounts collected under this Section shall be
30     used to defray additional administrative costs incurred by
31     the clerk of the circuit court in collecting unpaid fees
32     and costs.
33 (Source: P.A. 92-521, eff. 6-1-02; 93-385, eff. 7-25-03;
34 93-573, eff. 8-21-03; revised 9-8-03.)
 
35     (705 ILCS 105/27.3b)  (from Ch. 25, par. 27.3b)

 

 

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1     Sec. 27.3b. The clerk of court may accept payment of fines,
2 penalties, or costs by credit card or debit card approved by
3 the clerk from an offender who has been convicted of or placed
4 on court supervision for a traffic offense, petty offense,
5 ordinance offense, or misdemeanor or who has been convicted of
6 a felony offense. The clerk of the circuit court may accept
7 credit card payments over the Internet for fines, penalties, or
8 costs from offenders on voluntary electronic pleas of guilty in
9 minor traffic and conservation offenses to satisfy the
10 requirement of written pleas of guilty as provided in Illinois
11 Supreme Court Rule 529. The clerk of the court may also accept
12 payment of statutory fees by a credit card or debit card. The
13 clerk of the court may also accept the credit card or debit
14 card for the cash deposit of bail bond fees up to $300.
15     The Clerk of the circuit court is authorized to enter into
16 contracts with credit card or debit card companies approved by
17 the clerk and to pay those companies fees normally charged by
18 those companies for allowing the clerk of the circuit court to
19 accept their credit cards or debit cards in payment as
20 authorized herein. Where the offender pays fines, penalties, or
21 costs by credit card or debit card, or anyone paying statutory
22 fees of the circuit court clerk or the posting of cash bail,
23 the clerk shall collect a service fee of up to $5 or the amount
24 charged to the clerk for use of its services by the credit card
25 or debit card issuer. This service fee shall be in addition to
26 any other fines, penalties, or costs.
27 (Source: P.A. 93-391, eff. 1-1-04.)
 
28     Section 10. The Code of Criminal Procedure of 1963 is
29 amended by changing Section 110-7 as follows:
 
30     (725 ILCS 5/110-7)  (from Ch. 38, par. 110-7)
31     Sec. 110-7. Deposit of Bail Security.
32     (a) The person for whom bail has been set shall execute the
33 bail bond and deposit with the clerk of the court before which
34 the proceeding is pending a sum of money equal to 10% of the

 

 

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1 bail, but in no event shall such deposit be less than $25. The
2 clerk of the court shall provide a space on each form for a
3 person other than the accused who has provided the money for
4 the posting of bail to so indicate and a space signed by an
5 accused who has executed the bail bond indicating whether a
6 person other than the accused has provided the money for the
7 posting of bail. The form shall also include a written notice
8 to such person who has provided the defendant with the money
9 for the posting of bail indicating that the bail may be used to
10 pay costs, attorney's fees, fines, or other purposes authorized
11 by the court and if the defendant fails to comply with the
12 conditions of the bail bond, the court shall enter an order
13 declaring the bail to be forfeited. The written notice must be:
14 (1) distinguishable from the surrounding text; (2) in bold type
15 or underscored; and (3) in a type size at least 2 points larger
16 than the surrounding type. When a person for whom bail has been
17 set is charged with an offense under the "Illinois Controlled
18 Substances Act" which is a Class X felony, the court may
19 require the defendant to deposit a sum equal to 100% of the
20 bail. Where any person is charged with a forcible felony while
21 free on bail and is the subject of proceedings under Section
22 109-3 of this Code the judge conducting the preliminary
23 examination may also conduct a hearing upon the application of
24 the State pursuant to the provisions of Section 110-6 of this
25 Code to increase or revoke the bail for that person's prior
26 alleged offense.
27     (b) Upon depositing this sum and any bond fee authorized by
28 law, the person shall be released from custody subject to the
29 conditions of the bail bond.
30     (c) Once bail has been given and a charge is pending or is
31 thereafter filed in or transferred to a court of competent
32 jurisdiction the latter court shall continue the original bail
33 in that court subject to the provisions of Section 110-6 of
34 this Code.
35     (d) After conviction the court may order that the original
36 bail stand as bail pending appeal or deny, increase or reduce

 

 

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1 bail subject to the provisions of Section 110-6.2.
2     (e) After the entry of an order by the trial court allowing
3 or denying bail pending appeal either party may apply to the
4 reviewing court having jurisdiction or to a justice thereof
5 sitting in vacation for an order increasing or decreasing the
6 amount of bail or allowing or denying bail pending appeal
7 subject to the provisions of Section 110-6.2.
8     (f) When the conditions of the bail bond have been
9 performed and the accused has been discharged from all
10 obligations in the cause the clerk of the court shall return to
11 the accused or to the defendant's designee by an assignment
12 executed at the time the bail amount is deposited, unless the
13 court orders otherwise, 90% of the sum which had been deposited
14 and shall retain as bail bond costs 10% of the amount
15 deposited. However, in no event shall the amount retained by
16 the clerk as bail bond costs be less than $5. Bail bond
17 deposited by or on behalf of a defendant in one case may be
18 used, in the court's discretion, to satisfy financial
19 obligations of that same defendant incurred in a different case
20 due to a fine, court costs, restitution or fees of the
21 defendant's attorney of record. In counties with a population
22 of 3,000,000 or more, the The court shall not order bail bond
23 deposited by or on behalf of a defendant in one case to be used
24 to satisfy financial obligations of that same defendant in a
25 different case until the bail bond is first used to satisfy
26 court costs and attorney's fees in the case in which the bail
27 bond has been deposited and any other unpaid child support
28 obligations are satisfied. In counties with a population of
29 less than 3,000,000, the court shall not order bail bond
30 deposited by or on behalf of a defendant in one case to be used
31 to satisfy financial obligations of that same defendant in a
32 different case until the bail bond is first used to satisfy
33 court costs in the case in which the bail bond has been
34 deposited.
35     At the request of the defendant the court may order such
36 90% of defendant's bail deposit, or whatever amount is

 

 

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1 repayable to defendant from such deposit, to be paid to
2 defendant's attorney of record.
3     (g) If the accused does not comply with the conditions of
4 the bail bond the court having jurisdiction shall enter an
5 order declaring the bail to be forfeited. Notice of such order
6 of forfeiture shall be mailed forthwith to the accused at his
7 last known address. If the accused does not appear and
8 surrender to the court having jurisdiction within 30 days from
9 the date of the forfeiture or within such period satisfy the
10 court that appearance and surrender by the accused is
11 impossible and without his fault the court shall enter judgment
12 for the State if the charge for which the bond was given was a
13 felony or misdemeanor, or if the charge was quasi-criminal or
14 traffic, judgment for the political subdivision of the State
15 which prosecuted the case, against the accused for the amount
16 of the bail and costs of the court proceedings; however, in
17 counties with a population of less than 3,000,000, instead of
18 the court entering a judgment for the full amount of the bond
19 the court may, in its discretion, enter judgment for the cash
20 deposit on the bond, less costs, retain the deposit for further
21 disposition or, if a cash bond was posted for failure to appear
22 in a matter involving enforcement of child support or
23 maintenance, the amount of the cash deposit on the bond, less
24 outstanding costs, may be awarded to the person or entity to
25 whom the child support or maintenance is due. The deposit made
26 in accordance with paragraph (a) shall be applied to the
27 payment of costs. If judgment is entered and any amount of such
28 deposit remains after the payment of costs it shall be applied
29 to payment of the judgment and transferred to the treasury of
30 the municipal corporation wherein the bond was taken if the
31 offense was a violation of any penal ordinance of a political
32 subdivision of this State, or to the treasury of the county
33 wherein the bond was taken if the offense was a violation of
34 any penal statute of this State. The balance of the judgment
35 may be enforced and collected in the same manner as a judgment
36 entered in a civil action.

 

 

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1     (h) After a judgment for a fine and court costs or either
2 is entered in the prosecution of a cause in which a deposit had
3 been made in accordance with paragraph (a) the balance of such
4 deposit, after deduction of bail bond costs, shall be applied
5 to the payment of the judgment.
6 (Source: P.A. 92-16, eff. 6-28-01; 93-371, eff. 1-1-04.)