Judiciary I - Civil Law Committee
Adopted in House Comm. on Mar 04, 2004
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1 | AMENDMENT TO HOUSE BILL 5130
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2 | AMENDMENT NO. ______. Amend House Bill 5130 by replacing | ||||||
3 | the title with the following:
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4 | "AN ACT concerning fees."; and | ||||||
5 | by replacing everything after the enacting clause with the | ||||||
6 | following:
| ||||||
7 | "Section 5. The Clerks of Courts Act is amended by changing | ||||||
8 | Sections 27.2, 27.2a and
27.3b as follows:
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9 | (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
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10 | Sec. 27.2. The fees of the clerks of the circuit court in | ||||||
11 | all
counties having a population in excess of 500,000 | ||||||
12 | inhabitants
but less than 3,000,000 inhabitants in the | ||||||
13 | instances described in this Section
shall be as provided in | ||||||
14 | this Section.
In those instances where a minimum and maximum | ||||||
15 | fee is stated, counties with
more than 500,000 inhabitants but | ||||||
16 | less than 3,000,000 inhabitants must charge
the minimum fee | ||||||
17 | listed in this Section and may charge up to the maximum fee if
| ||||||
18 | the county board has by resolution increased the fee.
In | ||||||
19 | addition, the minimum fees authorized in this
Section shall | ||||||
20 | apply to all units of local government and school districts
in | ||||||
21 | counties with more than 3,000,000 inhabitants. The fees shall | ||||||
22 | be paid
in advance and shall be as follows:
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23 | (a) Civil Cases.
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1 | The fee for filing a complaint, petition, or other | ||||||
2 | pleading initiating
a civil action, with the following | ||||||
3 | exceptions, shall be a minimum of $150
and a maximum of | ||||||
4 | $190.
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5 | (A) When the amount of money or damages or the | ||||||
6 | value of personal
property claimed does not exceed | ||||||
7 | $250, a minimum of $10 and a maximum of
$15.
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8 | (B) When that amount exceeds $250 but does not | ||||||
9 | exceed $1,000, a minimum of $20 and a maximum of $40.
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10 | (C) When that amount exceeds $1,000 but does not | ||||||
11 | exceed
$2500, a minimum
of $30 and a maximum of $50.
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12 | (D) When that amount exceeds $2500 but does not | ||||||
13 | exceed $5,000, a minimum of $75 and a maximum of $100.
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14 | (D-5) When the amount exceeds $5,000 but does not | ||||||
15 | exceed $15,000, a
minimum of $75 and a maximum of $150.
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16 | (E) For the exercise of eminent domain, $150. For | ||||||
17 | each
additional lot or tract of land or right or | ||||||
18 | interest therein subject to be
condemned, the damages | ||||||
19 | in respect to which shall require separate
assessment | ||||||
20 | by a jury, $150.
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21 | (F) No fees shall be charged by the clerk to a | ||||||
22 | petitioner in any
order of
protection including, but | ||||||
23 | not limited to, filing, modifying, withdrawing,
| ||||||
24 | certifying, or
photocopying petitions for orders of | ||||||
25 | protection, or for issuing alias summons,
or for any
| ||||||
26 | related filing service, certifying, modifying, | ||||||
27 | vacating, or
photocopying any
orders of protection.
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28 | (b) Forcible Entry and Detainer.
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29 | In each forcible entry and detainer case when the | ||||||
30 | plaintiff seeks
possession only or unites with his or her | ||||||
31 | claim for possession of the property
a claim for rent or | ||||||
32 | damages or both in the amount of $15,000 or less, a
minimum | ||||||
33 | of $40 and a maximum of $75.
When the plaintiff unites his | ||||||
34 | or her claim for possession with a claim for
rent or |
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| |||||||
1 | damages or both exceeding $15,000, a minimum of $150 and a
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2 | maximum of $225.
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3 | (c) Counterclaim or Joining Third Party Defendant.
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4 | When any defendant files a counterclaim as part of his | ||||||
5 | or her
answer or otherwise or joins another party as a | ||||||
6 | third party defendant, or
both, the defendant shall pay a | ||||||
7 | fee for each counterclaim or third
party action in an | ||||||
8 | amount equal to the fee he or she would have had to pay
had | ||||||
9 | he or she brought a separate action for the relief sought | ||||||
10 | in the
counterclaim or against the third party defendant, | ||||||
11 | less the amount of the
appearance fee, if that has been | ||||||
12 | paid.
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13 | (d) Confession of Judgment.
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14 | In a confession of judgment when the amount does not | ||||||
15 | exceed $1500, a
minimum of $50 and a maximum of $60. When | ||||||
16 | the amount exceeds
$1500, but does not exceed $5,000, $75.
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17 | When the amount exceeds $5,000, but does not exceed
| ||||||
18 | $15,000, $175.
When the amount exceeds $15,000, a minimum | ||||||
19 | of $200 and a maximum of
$250.
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20 | (e) Appearance.
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21 | The fee for filing an appearance in each civil case | ||||||
22 | shall be a minimum
of $50 and a maximum of $75,
except as | ||||||
23 | follows:
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24 | (A) When the plaintiff in a forcible entry and | ||||||
25 | detainer case seeks
possession only, a minimum of $20 | ||||||
26 | and a maximum of $40.
| ||||||
27 | (B) When the amount in the case does not exceed | ||||||
28 | $1500, a minimum of
$20 and a maximum of $40.
| ||||||
29 | (C) When the amount in the case exceeds $1500 but | ||||||
30 | does
not exceed $15,000, a minimum of $40 and a maximum | ||||||
31 | of $60.
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32 | (f) Garnishment, Wage Deduction, and Citation.
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33 | In garnishment affidavit, wage deduction affidavit, | ||||||
34 | and citation
petition when the amount does not exceed |
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1 | $1,000, a minimum of $10 and a
maximum of $15; when the | ||||||
2 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
3 | of $20 and a maximum
of $30; and when the amount exceeds
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4 | $5,000, a minimum of $30 and a maximum of $50.
| ||||||
5 | (g) Petition to Vacate
or Modify.
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6 | (1) Petition to vacate
or modify any final judgment or | ||||||
7 | order of court,
except in forcible entry and detainer cases | ||||||
8 | and small claims cases or a
petition to reopen an estate, | ||||||
9 | to modify, terminate, or enforce a
judgment or order for | ||||||
10 | child or spousal support, or to modify, suspend, or
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11 | terminate an order for withholding, if filed before 30 days | ||||||
12 | after the entry
of the judgment or order, a minimum of $40 | ||||||
13 | and a maximum of $50.
| ||||||
14 | (2) Petition to vacate
or modify any final judgment
or | ||||||
15 | order of court, except a petition to modify, terminate, or | ||||||
16 | enforce a
judgment or order for child or spousal support or | ||||||
17 | to modify, suspend, or
terminate an order for withholding, | ||||||
18 | if filed later than 30 days
after the entry of the judgment | ||||||
19 | or order, a minimum of $60 and a maximum
of $75.
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20 | (3) Petition to vacate order of bond forfeiture, a | ||||||
21 | minimum of $20
and a maximum of $40.
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22 | (h) Mailing.
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23 | When the clerk is required to mail, the fee will be a | ||||||
24 | minimum of $6
and a maximum of $10, plus the cost of | ||||||
25 | postage.
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26 | (i) Certified Copies.
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27 | Each certified copy of a judgment after the first, | ||||||
28 | except in small
claims and forcible entry and detainer | ||||||
29 | cases, a minimum of $10 and a
maximum of $15.
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30 | (j) Habeas Corpus.
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31 | For filing a petition for relief by habeas corpus, a | ||||||
32 | minimum of $80
and a maximum of $125.
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33 | (k) Certification, Authentication, and Reproduction.
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34 | (1) Each certification or authentication for taking |
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1 | the acknowledgment
of a deed or other instrument in writing | ||||||
2 | with the seal of office, a minimum
of $4 and a maximum of | ||||||
3 | $6.
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4 | (2) Court appeals when original documents are | ||||||
5 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
6 | minimum of $50 and a maximum of $75.
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7 | (3) Court appeals when original documents are | ||||||
8 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
9 | minimum of $120 and a maximum of $150.
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10 | (4) Court appeals when original documents are | ||||||
11 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
12 | of 20 and a maximum of 25 cents
per page.
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13 | (5) For reproduction of any document contained in the | ||||||
14 | clerk's files:
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15 | (A) First page, $2.
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16 | (B) Next 19 pages, 50 cents per page.
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17 | (C) All remaining pages, 25 cents per page.
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18 | (l) Remands.
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19 | In any cases remanded to the Circuit Court from the | ||||||
20 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
21 | clerk shall file the remanding
order and reinstate the case | ||||||
22 | with either its original number or a new number.
The Clerk | ||||||
23 | shall not
charge any new or additional fee for the | ||||||
24 | reinstatement. Upon reinstatement the
Clerk shall advise | ||||||
25 | the parties of the reinstatement. A party shall have the
| ||||||
26 | same right to a jury trial on remand and reinstatement as | ||||||
27 | he or she had before
the appeal, and no additional or new | ||||||
28 | fee or charge shall be made for a jury
trial after remand.
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29 | (m) Record Search.
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30 | For each record search, within a division or municipal | ||||||
31 | district, the
clerk shall be entitled to a search fee of a | ||||||
32 | minimum of $4 and a maximum
of $6 for each year searched.
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33 | (n) Hard Copy.
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34 | For each page of hard copy print output, when case |
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| |||||||
1 | records are
maintained on an automated medium, the clerk | ||||||
2 | shall be entitled to a fee of a
minimum of $4 and a maximum | ||||||
3 | of $6.
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4 | (o) Index Inquiry and Other Records.
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5 | No fee shall be charged for a single | ||||||
6 | plaintiff/defendant index inquiry
or single case record | ||||||
7 | inquiry when this request is made in person and the
records | ||||||
8 | are maintained in a current automated medium, and when no | ||||||
9 | hard copy
print output is requested. The fees to be charged | ||||||
10 | for management records,
multiple case records, and | ||||||
11 | multiple journal records may be specified by the
Chief | ||||||
12 | Judge pursuant to the guidelines for access and | ||||||
13 | dissemination of
information approved by the Supreme | ||||||
14 | Court.
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15 | (p) (Blank).
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16 | (q) Alias Summons.
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17 | For each alias summons or citation issued by the clerk, | ||||||
18 | a minimum of $4
and a maximum of $5.
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19 | (r) Other Fees.
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20 | Any fees not covered in this Section shall be set by | ||||||
21 | rule or
administrative order of the Circuit Court with the | ||||||
22 | approval of the
Administrative Office of the Illinois | ||||||
23 | Courts.
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24 | The clerk of the circuit court may provide additional | ||||||
25 | services for
which there is no fee specified by statute in | ||||||
26 | connection with the operation
of the clerk's office as may | ||||||
27 | be requested by the public and agreed to by
the clerk and | ||||||
28 | approved by the chief judge of the circuit court. Any
| ||||||
29 | charges for additional services shall be as agreed to
| ||||||
30 | between the clerk and the party making the request and | ||||||
31 | approved by the
chief judge of the circuit court. Nothing | ||||||
32 | in this
subsection shall be construed to require any clerk | ||||||
33 | to provide any service
not otherwise required by law.
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34 | (s) Jury Services.
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1 | The clerk shall be entitled to receive, in
addition to | ||||||
2 | other fees allowed by law, the sum of a minimum of $192.50
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3 | and a maximum of $212.50, as a fee for the
services of a | ||||||
4 | jury in every civil action not quasi-criminal in its
nature | ||||||
5 | and not a proceeding for the exercise of the right of | ||||||
6 | eminent
domain and in every other action wherein the right | ||||||
7 | of trial by jury
is or may be given by law. The jury fee | ||||||
8 | shall be paid by the party
demanding a jury at the time of | ||||||
9 | filing the jury demand. If the fee is
not paid by either | ||||||
10 | party, no jury shall be called in the action or
proceeding, | ||||||
11 | and the same shall be tried by the court without a jury.
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12 | (t) Voluntary Assignment.
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13 | For filing each deed of voluntary assignment, a minimum | ||||||
14 | of $10 and a
maximum of $20; for recording
the same, a | ||||||
15 | minimum of 25¢ and a maximum of 50¢ for each 100 words.
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16 | Exceptions filed to claims presented
to an assignee of a | ||||||
17 | debtor who has made a voluntary assignment for the
benefit | ||||||
18 | of creditors shall be considered and treated, for the | ||||||
19 | purpose of
taxing costs therein, as actions in which the | ||||||
20 | party or parties filing
the exceptions shall be considered | ||||||
21 | as party or parties plaintiff, and
the claimant or | ||||||
22 | claimants as party or parties defendant, and those
parties | ||||||
23 | respectively shall pay to the clerk the same fees
as | ||||||
24 | provided by this Section to be paid in other actions.
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25 | (u) Expungement Petition.
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26 | The clerk shall be entitled to receive a
fee of a | ||||||
27 | minimum of $30 and a maximum of $60 for each expungement
| ||||||
28 | petition filed and an additional fee of a minimum of $2 and | ||||||
29 | a maximum of
$4 for each certified copy of an order to | ||||||
30 | expunge arrest records.
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31 | (v) Probate.
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32 | The clerk is entitled to receive the fees specified in | ||||||
33 | this subsection
(v), which shall be paid in advance, except | ||||||
34 | that, for good cause shown, the
court may suspend, reduce, |
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1 | or release the costs payable under this subsection:
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2 | (1) For administration of the estate of a decedent | ||||||
3 | (whether testate
or intestate) or of a missing person, a | ||||||
4 | minimum of $100 and a maximum of
$150, plus the fees | ||||||
5 | specified in
subsection (v)(3), except:
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6 | (A) When the value of the real and personal | ||||||
7 | property does not exceed
$15,000, the fee shall be a | ||||||
8 | minimum of $25 and a maximum of $40.
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9 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
10 | a domestic or
foreign will is admitted to probate | ||||||
11 | without administration (including
proof of heirship), | ||||||
12 | or (iii) letters of office are issued for a particular
| ||||||
13 | purpose without administration of the estate, the fee | ||||||
14 | shall be a minimum of
$25 and a maximum of $40.
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15 | (2) For administration of the estate of a ward, a | ||||||
16 | minimum of $50 and
a maximum of $75,
plus the fees | ||||||
17 | specified in subsection (v)(3), except:
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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.
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21 | (B) When (i) letters of office are issued to a | ||||||
22 | guardian of the
person or persons, but not of the | ||||||
23 | estate or (ii) letters of office are
issued in the
| ||||||
24 | estate of a ward without administration of the estate, | ||||||
25 | including filing or
joining in the filing of a tax | ||||||
26 | return or releasing a mortgage or consenting
to the | ||||||
27 | marriage of the ward, the fee shall be a minimum of $10 | ||||||
28 | and a
maximum
of $20.
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29 | (3) In addition to the fees payable under subsection | ||||||
30 | (v)(1) or (v)(2)
of this Section, the following fees are | ||||||
31 | payable:
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32 | (A) For each account (other than one final account) | ||||||
33 | filed in the
estate of a decedent, or ward, a minimum | ||||||
34 | of $15 and a maximum of $25.
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1 | (B) For filing a claim in an estate when the amount | ||||||
2 | claimed is $150
or more but less than $500, a minimum | ||||||
3 | of $10 and a maximum of $20; when
the amount claimed is | ||||||
4 | $500 or
more but less than $10,000, a minimum of $25 | ||||||
5 | and a maximum of $40; when
the amount claimed is | ||||||
6 | $10,000 or more, a minimum of $40 and a maximum of
$60; | ||||||
7 | provided that the court in allowing a claim may add to | ||||||
8 | the amount
allowed
the filing fee paid by the claimant.
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9 | (C) For filing in an estate a claim, petition, or | ||||||
10 | supplemental
proceeding based upon an action seeking | ||||||
11 | equitable relief including the
construction or contest | ||||||
12 | of a will, enforcement of a contract to make a
will, | ||||||
13 | and proceedings involving testamentary trusts or the | ||||||
14 | appointment of
testamentary trustees, a minimum of $40 | ||||||
15 | and a maximum of $60.
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16 | (D) For filing in an estate (i) the appearance of | ||||||
17 | any person for the
purpose of consent or (ii) the | ||||||
18 | appearance of an executor, administrator,
| ||||||
19 | administrator to collect, guardian, guardian ad litem, | ||||||
20 | or special
administrator, no fee.
| ||||||
21 | (E) Except as provided in subsection (v)(3)(D), | ||||||
22 | for filing the
appearance of any person or persons, a | ||||||
23 | minimum of $10 and a maximum of
$30.
| ||||||
24 | (F) For each jury demand, a minimum of $102.50 and | ||||||
25 | a maximum of
$137.50.
| ||||||
26 | (G) For disposition of the collection of a judgment | ||||||
27 | or settlement of
an action or claim for wrongful death | ||||||
28 | of a decedent or of any cause of
action of a ward, when | ||||||
29 | there is no other administration
of the estate, a | ||||||
30 | minimum of $30 and a maximum of $50, less any amount
| ||||||
31 | paid under subsection (v)(1)(B)
or (v)(2)(B) except | ||||||
32 | that if the amount involved does not exceed
$5,000, the | ||||||
33 | fee, including any amount paid under subsection | ||||||
34 | (v)(1)(B) or
(v)(2)(B), shall be a minimum of $10 and a |
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| |||||||
1 | maximum of $20.
| ||||||
2 | (H) For each certified copy of letters of office, | ||||||
3 | of court order or
other certification, a minimum of $1 | ||||||
4 | and a maximum of $2, plus a
minimum of 50¢ and a | ||||||
5 | maximum of $1 per page in excess of 3 pages for the
| ||||||
6 | document certified.
| ||||||
7 | (I) For each exemplification, a minimum of $1 and a | ||||||
8 | maximum of
$2, plus the fee for certification.
| ||||||
9 | (4) The executor, administrator, guardian, petitioner,
| ||||||
10 | or other interested person or his or her attorney shall pay | ||||||
11 | the cost of
publication by the clerk directly to the | ||||||
12 | newspaper.
| ||||||
13 | (5) The person on whose behalf a charge is incurred for | ||||||
14 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
15 | fee shall pay the same
directly to the person entitled | ||||||
16 | thereto.
| ||||||
17 | (6) The executor, administrator, guardian, petitioner,
| ||||||
18 | or other interested person or his attorney shall pay to the | ||||||
19 | clerk all
postage charges incurred by the clerk in mailing | ||||||
20 | petitions, orders,
notices, or other documents pursuant to | ||||||
21 | the provisions of the Probate Act
of 1975.
| ||||||
22 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
23 | (1) The clerk shall be entitled to costs in all | ||||||
24 | criminal
and quasi-criminal cases from each person | ||||||
25 | convicted or sentenced to
supervision therein as follows:
| ||||||
26 | (A) Felony complaints, a minimum of $80 and a | ||||||
27 | maximum of $125.
| ||||||
28 | (B) Misdemeanor complaints, a minimum of $50 and a | ||||||
29 | maximum of
$75.
| ||||||
30 | (C) Business offense complaints, a minimum of $50 | ||||||
31 | and a maximum of
$75.
| ||||||
32 | (D) Petty offense complaints, a minimum of $50 and | ||||||
33 | a maximum of
$75.
| ||||||
34 | (E) Minor traffic or ordinance violations, $20.
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| |||||||
1 | (F) When court appearance required, $30.
| ||||||
2 | (G) Motions to vacate or amend final orders, a | ||||||
3 | minimum of $20 and
a maximum of $40.
| ||||||
4 | (H) Motions to vacate bond forfeiture orders, a | ||||||
5 | minimum of $20 and
a maximum of $30.
| ||||||
6 | (I) Motions to vacate ex parte judgments, whenever | ||||||
7 | filed, a minimum
of $20 and a maximum of $30.
| ||||||
8 | (J) Motions to vacate judgment on forfeitures, | ||||||
9 | whenever filed, a
minimum of $20 and a maximum of $25.
| ||||||
10 | (K) Motions to vacate "failure to appear" or | ||||||
11 | "failure to comply"
notices sent to the Secretary of | ||||||
12 | State, a minimum of $20 and a maximum of
$40.
| ||||||
13 | (2) In counties having a population of more than | ||||||
14 | 500,000
but fewer
than 3,000,000 inhabitants, when the | ||||||
15 | violation complaint is issued by a
municipal police | ||||||
16 | department, the clerk shall be entitled to costs from each
| ||||||
17 | person convicted therein as follows:
| ||||||
18 | (A) Minor traffic or ordinance violations, $10.
| ||||||
19 | (B) When court appearance required, $15.
| ||||||
20 | (3) In ordinance violation cases punishable by fine | ||||||
21 | only, the clerk
of the circuit court shall be entitled to | ||||||
22 | receive, unless the fee is
excused upon a finding by the | ||||||
23 | court that the defendant is indigent, in
addition to other | ||||||
24 | fees or costs allowed or imposed by law, the sum of a
| ||||||
25 | minimum of $50 and a maximum of $112.50
as a fee for the | ||||||
26 | services of a jury. The jury fee shall be paid by the
| ||||||
27 | defendant at the time of filing his or her jury demand. If | ||||||
28 | the fee is not
so paid by the defendant, no jury shall be | ||||||
29 | called, and the case shall be
tried by the court without a | ||||||
30 | jury.
| ||||||
31 | (x) Transcripts of Judgment.
| ||||||
32 | For the filing of a transcript of judgment, the clerk | ||||||
33 | shall be entitled
to the same fee as if it were the | ||||||
34 | commencement of new suit.
|
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1 | (y) Change of Venue.
| ||||||
2 | (1) For the filing of a change of case on a change of | ||||||
3 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
4 | were the commencement of a new suit.
| ||||||
5 | (2) The fee for the preparation and certification of a | ||||||
6 | record on a
change of venue to another jurisdiction, when | ||||||
7 | original documents are
forwarded, a minimum of $25 and a | ||||||
8 | maximum of $40.
| ||||||
9 | (z) Tax objection complaints.
| ||||||
10 | For each tax objection complaint containing one or more | ||||||
11 | tax
objections, regardless of the number of parcels | ||||||
12 | involved
or the number of taxpayers joining in the | ||||||
13 | complaint, a minimum of $25
and a maximum of $50.
| ||||||
14 | (aa) Tax Deeds.
| ||||||
15 | (1) Petition for tax deed, if only one parcel is | ||||||
16 | involved, a minimum
of $150 and a maximum of $250.
| ||||||
17 | (2) For each additional parcel, add a fee of a minimum | ||||||
18 | of $50 and a
maximum of $100.
| ||||||
19 | (bb) Collections.
| ||||||
20 | (1) For all collections made of others, except the | ||||||
21 | State and county
and except in maintenance or child support | ||||||
22 | cases, a sum equal to a minimum
of 2.5% and a maximum of | ||||||
23 | 3.0% of the amount collected and turned over.
| ||||||
24 | (2) Interest earned on any funds held by the clerk | ||||||
25 | shall be turned
over to the county general fund as an | ||||||
26 | earning of the office.
| ||||||
27 | (3) For any check, draft, or other bank instrument | ||||||
28 | returned to the clerk
for non-sufficient funds, account | ||||||
29 | closed, or payment stopped, $25.
| ||||||
30 | (4) In child support and maintenance cases, the clerk, | ||||||
31 | if authorized by an
ordinance of the county board, may | ||||||
32 | collect an annual fee of up to $36 from
the person making | ||||||
33 | payment for maintaining child support records and the
| ||||||
34 | processing of support orders to the State of Illinois KIDS |
| |||||||
| |||||||
1 | system and the
recording of payments issued by the State | ||||||
2 | Disbursement Unit for the official
record of the Court.
| ||||||
3 | This fee shall be in addition
to and separate from amounts | ||||||
4 | ordered to be paid as maintenance or child
support and | ||||||
5 | shall be deposited into a Separate Maintenance and Child | ||||||
6 | Support
Collection Fund, of which the clerk shall be the | ||||||
7 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
8 | child support orders and record all payments
issued by the | ||||||
9 | State Disbursement Unit for the official record of the | ||||||
10 | Court.
The clerk may recover from the person making the | ||||||
11 | maintenance or child support
payment any additional cost | ||||||
12 | incurred in the collection of 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 Law | ||||||
16 | and these fees shall also be deposited into the Separate
| ||||||
17 | 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 office, | ||||||
22 | to be charged against the party that filed the
document, a | ||||||
23 | minimum of $15 and a maximum of $25.
| ||||||
24 | (dd) Exceptions.
| ||||||
25 | The fee requirements of this Section shall not apply to | ||||||
26 | police
departments or other law enforcement agencies. In | ||||||
27 | this Section, "law
enforcement agency" means an agency of | ||||||
28 | the State or a unit of local
government which is vested by | ||||||
29 | law or ordinance with the duty to maintain
public order and | ||||||
30 | to enforce criminal laws or ordinances. "Law enforcement
| ||||||
31 | agency" also means the Attorney General or any state's | ||||||
32 | attorney.
The fee requirements of this Section shall not | ||||||
33 | apply to any action instituted
under subsection (b) of | ||||||
34 | Section 11-31-1 of the Illinois Municipal Code by a
private |
| |||||||
| |||||||
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 clerk of the court | ||||||
33 | may after a period of 90
days release to credit reporting | ||||||
34 | agencies information regarding unpaid
amounts. The |
| |||||||
| |||||||
1 | additional delinquency amounts collected under this | ||||||
2 | Section shall
be used to defray additional administrative | ||||||
3 | costs incurred by the clerk of the
circuit court in | ||||||
4 | collecting unpaid fees and costs.
| ||||||
5 | (Source: P.A. 92-16, eff.
6-28-01; 92-521, eff. 6-1-02; 93-385, | ||||||
6 | eff. 7-25-03; 93-573, eff. 8-21-03;
revised 9-8-03.)
| ||||||
7 | (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
| ||||||
8 | Sec. 27.2a. The fees of the clerks of the circuit court in | ||||||
9 | all
counties having a population of 3,000,000 or more | ||||||
10 | inhabitants in the
instances described in this Section shall be | ||||||
11 | as provided in this
Section. In those instances where a minimum | ||||||
12 | and maximum fee is stated, the
clerk of the circuit court must | ||||||
13 | charge the minimum fee listed
and may charge up to the maximum | ||||||
14 | fee if the county board has by resolution
increased the fee. | ||||||
15 | The fees shall be paid in advance and shall be as follows:
| ||||||
16 | (a) Civil Cases.
| ||||||
17 | The fee for filing a complaint, petition, or other | ||||||
18 | pleading
initiating a civil action, with the following | ||||||
19 | exceptions, shall be a minimum
of $190 and a maximum of | ||||||
20 | $240.
| ||||||
21 | (A) When the amount of money or damages or the | ||||||
22 | value of personal
property claimed does not exceed | ||||||
23 | $250, a minimum of $15 and a maximum of
$22.
| ||||||
24 | (B) When that amount exceeds $250 but does not | ||||||
25 | exceed $1000, a minimum
of $40 and a maximum of $75.
| ||||||
26 | (C) When that amount exceeds $1000 but does not | ||||||
27 | exceed $2500, a
minimum of $50 and a maximum of $80.
| ||||||
28 | (D) When that amount exceeds $2500 but does not | ||||||
29 | exceed $5000, a
minimum of $100 and a maximum of $130.
| ||||||
30 | (E) When that amount exceeds $5000 but does not | ||||||
31 | exceed $15,000, $150.
| ||||||
32 | (F) For the exercise of eminent domain, $150. For | ||||||
33 | each additional
lot or tract of land or right or |
| |||||||
| |||||||
1 | interest therein subject to be condemned,
the damages | ||||||
2 | in respect to which shall require separate assessment | ||||||
3 | 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 made | ||||||
8 | pursuant to Sections 3-704.1,
6-306.5, and 11-208.3 of | ||||||
9 | the Illinois Vehicle Code, $25.
| ||||||
10 | (H) No fees shall be charged by the clerk to a | ||||||
11 | petitioner in any
order
of
protection including, but | ||||||
12 | not limited to, filing, modifying, withdrawing,
| ||||||
13 | certifying, or
photocopying petitions for orders of | ||||||
14 | protection, or for issuing alias summons,
or for any
| ||||||
15 | related filing service, certifying, modifying, | ||||||
16 | vacating, or
photocopying any
orders of protection.
| ||||||
17 | (b) Forcible Entry and Detainer.
| ||||||
18 | In each forcible entry and detainer case when the | ||||||
19 | plaintiff seeks
possession only or unites with his or her | ||||||
20 | claim for possession of the property
a claim for rent or | ||||||
21 | damages or both in the amount of $15,000 or less, a
minimum | ||||||
22 | of $75 and a maximum of $140.
When the plaintiff unites his | ||||||
23 | or her claim for possession with a claim for
rent or | ||||||
24 | damages or both exceeding $15,000, a minimum of $225 and a
| ||||||
25 | maximum of
$335.
| ||||||
26 | (c) Counterclaim or Joining Third Party Defendant.
| ||||||
27 | When any defendant files a counterclaim as part of his | ||||||
28 | or her answer or
otherwise or joins another party as a | ||||||
29 | third party defendant, or both, the
defendant shall pay a | ||||||
30 | fee for each counterclaim or third party action in an
| ||||||
31 | amount equal to the fee he or she would have had to pay had | ||||||
32 | he or she
brought a separate action for the relief sought | ||||||
33 | in the counterclaim or
against the third party defendant, | ||||||
34 | less the amount of the appearance fee,
if that has been |
| |||||||
| |||||||
1 | paid.
| ||||||
2 | (d) Confession of Judgment.
| ||||||
3 | In a confession of judgment when the amount does not | ||||||
4 | exceed $1500, a
minimum of $60 and a maximum of $70.
When | ||||||
5 | the amount exceeds $1500, but does not exceed $5000, a | ||||||
6 | minimum of $75
and a maximum of $150.
When the
amount | ||||||
7 | exceeds $5000, but does not exceed $15,000, a minimum of | ||||||
8 | $175 and
a
maximum of $260. When the
amount
exceeds | ||||||
9 | $15,000, a minimum of $250 and a maximum of $310.
| ||||||
10 | (e) Appearance.
| ||||||
11 | The fee for filing an appearance in each civil case | ||||||
12 | shall be a minimum
of
$75 and a maximum of $110,
except as | ||||||
13 | follows:
| ||||||
14 | (A) When the plaintiff in a forcible entry and | ||||||
15 | detainer case seeks
possession only, a minimum of $40 | ||||||
16 | and a maximum of $80.
| ||||||
17 | (B) When the amount in the case does not exceed | ||||||
18 | $1500, a minimum of
$40 and a maximum of $80.
| ||||||
19 | (C) When that amount exceeds $1500 but does not | ||||||
20 | exceed $15,000, a
minimum of $60 and a maximum of $90.
| ||||||
21 | (f) Garnishment, Wage Deduction, and Citation.
| ||||||
22 | In garnishment affidavit, wage deduction affidavit, | ||||||
23 | and citation
petition when the amount does not exceed | ||||||
24 | $1,000, a minimum of $15 and a
maximum of $25; when the
| ||||||
25 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
26 | of $30 and a maximum
of
$45; and when the amount
exceeds
| ||||||
27 | $5,000, a minimum of $50 and a maximum of $80.
| ||||||
28 | (g) Petition to Vacate
or Modify.
| ||||||
29 | (1) Petition to vacate
or modify any final judgment or | ||||||
30 | order of court,
except in forcible entry and detainer cases | ||||||
31 | and small claims cases or a
petition to reopen an estate, | ||||||
32 | to modify, terminate, or enforce a
judgment or order for | ||||||
33 | child or spousal support, or to modify, suspend, or
| ||||||
34 | terminate an order for withholding, if filed before 30 days |
| |||||||
| |||||||
1 | after the entry
of the judgment or order, a minimum of $50 | ||||||
2 | and a maximum of $60.
| ||||||
3 | (2) Petition to vacate
or modify any final judgment
or | ||||||
4 | order of court, except a petition to modify, terminate, or | ||||||
5 | enforce a
judgment or order for child or spousal support or | ||||||
6 | to modify, suspend, or
terminate an order for withholding, | ||||||
7 | if filed later than 30 days
after the entry of the judgment | ||||||
8 | or order, a minimum of $75 and a maximum
of
$90.
| ||||||
9 | (3) Petition to vacate order of bond forfeiture, a | ||||||
10 | minimum of $40
and a
maximum of $80.
| ||||||
11 | (h) Mailing.
| ||||||
12 | When the clerk is required to mail, the fee will be a | ||||||
13 | minimum of $10
and
a maximum of $15,
plus the cost of | ||||||
14 | postage.
| ||||||
15 | (i) Certified Copies.
| ||||||
16 | Each certified copy of a judgment after the first, | ||||||
17 | except in small
claims and forcible entry and detainer | ||||||
18 | cases, a minimum of $15 and a
maximum
of $20.
| ||||||
19 | (j) Habeas Corpus.
| ||||||
20 | For filing a petition for relief by habeas corpus, a | ||||||
21 | minimum of $125
and
a maximum of $190.
| ||||||
22 | (k) Certification, Authentication, and Reproduction.
| ||||||
23 | (1) Each certification or authentication for taking | ||||||
24 | the acknowledgment
of a deed or other instrument in writing | ||||||
25 | with the seal of office, a minimum
of $6 and a maximum of | ||||||
26 | $9.
| ||||||
27 | (2) Court appeals when original documents are | ||||||
28 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
29 | minimum of $75 and a maximum of $110.
| ||||||
30 | (3) Court appeals when original documents are | ||||||
31 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
32 | minimum of $150 and a maximum of $185.
| ||||||
33 | (4) Court appeals when original documents are | ||||||
34 | forwarded, over 200
pages, an additional fee of a minimum |
| |||||||
| |||||||
1 | of 25 and a maximum of 30 cents
per
page.
| ||||||
2 | (5) For reproduction of any document contained in the | ||||||
3 | clerk's files:
| ||||||
4 | (A) First page, $2.
| ||||||
5 | (B) Next 19 pages, 50 cents per page.
| ||||||
6 | (C) All remaining pages, 25 cents per page.
| ||||||
7 | (l) Remands.
| ||||||
8 | In any cases remanded to the Circuit Court from the | ||||||
9 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
10 | clerk shall file the
remanding order and reinstate the case | ||||||
11 | with either its original number or a new
number. The Clerk
| ||||||
12 | shall not charge any new or additional fee for the | ||||||
13 | reinstatement. Upon
reinstatement the Clerk shall advise | ||||||
14 | the parties of the reinstatement. A
party shall have the | ||||||
15 | same right to a jury trial on remand and reinstatement
as | ||||||
16 | he or she had before the appeal, and no additional or new | ||||||
17 | fee or charge
shall be made for a jury trial after remand.
| ||||||
18 | (m) Record Search.
| ||||||
19 | For each record search, within a division or municipal | ||||||
20 | district, the
clerk shall be entitled to a search fee of a | ||||||
21 | minimum of $6 and a maximum
of
$9 for each year
searched.
| ||||||
22 | (n) Hard Copy.
| ||||||
23 | For each page of hard copy print output, when case | ||||||
24 | records are
maintained on an automated medium, the clerk | ||||||
25 | shall be entitled to a fee of
a minimum of $6 and a maximum | ||||||
26 | of $9.
| ||||||
27 | (o) Index Inquiry and Other Records.
| ||||||
28 | No fee shall be charged for a single | ||||||
29 | plaintiff/defendant index inquiry
or single case record | ||||||
30 | inquiry when this request is made in person and the
records | ||||||
31 | are maintained in a current automated medium, and when no | ||||||
32 | hard copy
print output is requested. The fees to be charged | ||||||
33 | for management records,
multiple case records, and | ||||||
34 | multiple journal records may be specified by the
Chief |
| |||||||
| |||||||
1 | Judge pursuant to the guidelines for access and | ||||||
2 | dissemination of
information approved by the Supreme | ||||||
3 | Court.
| ||||||
4 | (p) (Blank).
| ||||||
5 | (q) Alias Summons.
| ||||||
6 | For each alias summons or citation issued by the clerk, | ||||||
7 | 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 the | ||||||
11 | approval of the
Administrative Office of the Illinois | ||||||
12 | Courts.
| ||||||
13 | The clerk of the circuit court may provide additional | ||||||
14 | services for
which there is no fee specified by statute in | ||||||
15 | connection with the operation
of the clerk's office as may | ||||||
16 | be requested by the public and agreed to by
the clerk and | ||||||
17 | approved by the chief judge of the circuit court. Any
| ||||||
18 | charges for additional services shall be as agreed to
| ||||||
19 | between the clerk and the party making the request and | ||||||
20 | approved by the
chief judge of the circuit court. Nothing | ||||||
21 | in this
subsection shall be construed to require any clerk | ||||||
22 | to provide any service
not otherwise required by law.
| ||||||
23 | (s) Jury Services.
| ||||||
24 | The clerk shall be entitled to receive, in
addition to | ||||||
25 | other fees allowed by law, the sum of a minimum of $212.50
| ||||||
26 | and
maximum of $230, as a
fee for the
services of a jury in | ||||||
27 | every civil action not quasi-criminal in its
nature and not | ||||||
28 | a proceeding for the exercise of the right of eminent
| ||||||
29 | domain and in every other action wherein the right of trial | ||||||
30 | by jury
is or may be given by law. The jury fee shall be | ||||||
31 | paid by the party
demanding a jury at the time of filing | ||||||
32 | the jury demand. If the fee is
not paid by either party, no | ||||||
33 | jury shall be called in the action or
proceeding, and the | ||||||
34 | same shall be tried by the court without a jury.
|
| |||||||
| |||||||
1 | (t) Voluntary Assignment.
| ||||||
2 | For filing each deed of voluntary assignment, a minimum | ||||||
3 | of $20 and a
maximum of $40; for
recording
the same, a | ||||||
4 | minimum of 50¢ and a maximum of $0.80 for each 100 words.
| ||||||
5 | Exceptions filed to claims
presented
to an assignee of a | ||||||
6 | debtor who has made a voluntary assignment for the
benefit | ||||||
7 | of creditors shall be considered and treated, for the | ||||||
8 | purpose of
taxing costs therein, as actions in which the | ||||||
9 | party or parties filing
the exceptions shall be considered | ||||||
10 | as party or parties plaintiff, and
the claimant or | ||||||
11 | claimants as party or parties defendant, and those
parties | ||||||
12 | respectively shall pay to the clerk the same fees
as | ||||||
13 | provided by this Section to be paid in other actions.
| ||||||
14 | (u) Expungement Petition.
| ||||||
15 | The clerk shall be entitled to receive a fee of a | ||||||
16 | minimum of $60 and
a
maximum of $120 for each
expungement | ||||||
17 | petition filed and an additional fee of a minimum of $4 and | ||||||
18 | a
maximum of $8 for each
certified
copy of an order to | ||||||
19 | expunge arrest records.
| ||||||
20 | (v) Probate.
| ||||||
21 | The clerk is entitled to receive the fees
specified in | ||||||
22 | this subsection (v), which shall be paid in advance,
except | ||||||
23 | that, for good cause shown, the court may suspend, reduce, | ||||||
24 | or
release the costs payable under this subsection:
| ||||||
25 | (1) For administration of the estate of a decedent | ||||||
26 | (whether testate
or intestate) or of a missing person, a | ||||||
27 | minimum of $150 and a maximum of
$225, plus the fees
| ||||||
28 | specified in
subsection (v)(3), except:
| ||||||
29 | (A) When the value of the real and personal | ||||||
30 | property does not exceed
$15,000, the fee shall be a | ||||||
31 | minimum of $40 and a maximum of $65.
| ||||||
32 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
33 | a domestic or
foreign will is admitted to probate | ||||||
34 | without administration (including
proof of heirship), |
| |||||||
| |||||||
1 | or (iii) letters of office are issued for a particular
| ||||||
2 | purpose without administration of the estate, the fee | ||||||
3 | shall be a minimum of
$40 and a maximum of $65.
| ||||||
4 | (2) For administration of the estate of a ward, a | ||||||
5 | minimum of $75 and
a
maximum of $110,
plus the fees | ||||||
6 | specified in subsection (v)(3), except:
| ||||||
7 | (A) When the value of the real and personal | ||||||
8 | property does not exceed
$15,000, the fee shall be a | ||||||
9 | minimum of $40 and a maximum of $65.
| ||||||
10 | (B) When (i) letters of office are issued to a | ||||||
11 | guardian of the person
or persons,
but not of the | ||||||
12 | estate or (ii) letters of office are issued in the | ||||||
13 | estate of
a ward without administration of the estate, | ||||||
14 | including filing or joining in
the filing of a tax | ||||||
15 | return or releasing a mortgage or consenting to the
| ||||||
16 | marriage of the ward, the fee shall be a minimum of $20 | ||||||
17 | and a maximum of
$40.
| ||||||
18 | (3) In addition to the fees payable under subsection | ||||||
19 | (v)(1) or
(v)(2) of this Section, the following fees are | ||||||
20 | payable:
| ||||||
21 | (A) For each account (other than one final account) | ||||||
22 | filed in the
estate of a decedent, or ward, a minimum | ||||||
23 | of $25 and a maximum of $40.
| ||||||
24 | (B) For filing a claim in an estate when the amount | ||||||
25 | claimed is $150
or more but less than $500, a minimum | ||||||
26 | of $20 and a maximum of $40; when
the
amount claimed is | ||||||
27 | $500 or
more but less than $10,000, a minimum of $40 | ||||||
28 | and a maximum of $65; when
the
amount claimed is | ||||||
29 | $10,000
or more,
a minimum of $60 and a maximum of $90; | ||||||
30 | provided that the court in
allowing
a claim may add to | ||||||
31 | the
amount allowed
the filing fee paid by the claimant.
| ||||||
32 | (C) For filing in an estate a claim, petition, or | ||||||
33 | supplemental
proceeding based upon an action seeking | ||||||
34 | equitable relief including the
construction or contest |
| |||||||
| |||||||
1 | of a will, enforcement of a contract to make a
will, | ||||||
2 | and proceedings involving testamentary trusts or the | ||||||
3 | appointment of
testamentary trustees, a minimum of $60 | ||||||
4 | and a maximum of $90.
| ||||||
5 | (D) For filing in an estate (i) the appearance of | ||||||
6 | any person for the
purpose of consent or (ii) the | ||||||
7 | appearance of an executor, administrator,
| ||||||
8 | administrator to collect, guardian, guardian ad litem, | ||||||
9 | or special
administrator, no fee.
| ||||||
10 | (E) Except as provided in subsection (v)(3)(D), | ||||||
11 | for filing the
appearance of any person or persons, a | ||||||
12 | minimum of $30 and a maximum of
$90.
| ||||||
13 | (F) For each jury demand, a minimum of $137.50 and | ||||||
14 | a maximum of
$180.
| ||||||
15 | (G) For disposition of the collection of a judgment | ||||||
16 | or settlement of
an action or claim for wrongful death | ||||||
17 | of a decedent or of any cause of
action of a ward, when | ||||||
18 | there is no other administration
of the estate, a | ||||||
19 | minimum of $50 and a maximum of $80, less any amount
| ||||||
20 | paid
under subsection (v)(1)(B)
or (v)(2)(B) except | ||||||
21 | that if the amount involved does not exceed
$5,000, the | ||||||
22 | fee, including any amount paid under subsection
| ||||||
23 | (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a | ||||||
24 | maximum of $40.
| ||||||
25 | (H) For each certified copy of letters of office, | ||||||
26 | of court order or
other certification, a minimum of $2 | ||||||
27 | and a maximum of $4, plus $1 per
page
in excess
of 3 | ||||||
28 | pages for the document certified.
| ||||||
29 | (I) For each exemplification, $2, plus the fee for | ||||||
30 | certification.
| ||||||
31 | (4) The executor, administrator, guardian, petitioner,
| ||||||
32 | or other interested person or his or her attorney shall pay | ||||||
33 | the cost of
publication by the clerk directly to the | ||||||
34 | newspaper.
|
| |||||||
| |||||||
1 | (5) The person on whose behalf a charge is incurred for | ||||||
2 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
3 | fee shall pay the same
directly to the person entitled | ||||||
4 | thereto.
| ||||||
5 | (6) The executor, administrator, guardian, petitioner, | ||||||
6 | or other
interested person or his or her attorney shall pay | ||||||
7 | to the clerk all postage
charges incurred by the clerk in | ||||||
8 | mailing petitions, orders, notices, or
other documents | ||||||
9 | pursuant to the provisions of the Probate Act of 1975.
| ||||||
10 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
11 | (1) The clerk shall be entitled to costs in all | ||||||
12 | criminal
and quasi-criminal cases from each person | ||||||
13 | convicted or sentenced to
supervision therein as follows:
| ||||||
14 | (A) Felony complaints, a minimum of $125 and a | ||||||
15 | maximum of $190.
| ||||||
16 | (B) Misdemeanor complaints, a minimum of $75 and a | ||||||
17 | maximum of
$110.
| ||||||
18 | (C) Business offense complaints, a minimum of $75 | ||||||
19 | and a maximum of
$110.
| ||||||
20 | (D) Petty offense complaints, a minimum of $75 and | ||||||
21 | a maximum of
$110.
| ||||||
22 | (E) Minor traffic or ordinance violations, $30.
| ||||||
23 | (F) When court appearance required, $50.
| ||||||
24 | (G) Motions to vacate or amend final orders, a | ||||||
25 | minimum of $40 and
a
maximum of $80.
| ||||||
26 | (H) Motions to vacate bond forfeiture orders, a | ||||||
27 | minimum of $30 and
a
maximum of $45.
| ||||||
28 | (I) Motions to vacate ex parte judgments, whenever | ||||||
29 | filed, a minimum
of
$30 and a maximum of $45.
| ||||||
30 | (J) Motions to vacate judgment on forfeitures, | ||||||
31 | whenever filed, a
minimum of $25 and a maximum of $30.
| ||||||
32 | (K) Motions to vacate "failure to appear" or | ||||||
33 | "failure to comply"
notices sent to the Secretary of | ||||||
34 | State, a minimum of $40 and a maximum of
$50.
|
| |||||||
| |||||||
1 | (2) In counties having a population of 3,000,000 or | ||||||
2 | more,
when the violation complaint is issued by a municipal
| ||||||
3 | police department, the clerk shall be entitled to costs | ||||||
4 | from each person
convicted therein as follows:
| ||||||
5 | (A) Minor traffic or ordinance violations, $30.
| ||||||
6 | (B) When court appearance required, $50.
| ||||||
7 | (3) In ordinance violation cases punishable by fine | ||||||
8 | only, the clerk
of the circuit court shall be entitled to | ||||||
9 | receive, unless the fee is
excused upon a finding by the | ||||||
10 | court that the defendant is indigent, in
addition to other | ||||||
11 | fees or costs allowed or imposed by law, the sum of a
| ||||||
12 | minimum of
$112.50 and a maximum of $250
as a fee for the | ||||||
13 | services of a jury. The jury fee shall be paid by the
| ||||||
14 | defendant at the time of filing his or her jury demand. If | ||||||
15 | the fee is not
so paid by the defendant, no jury shall be | ||||||
16 | called, and the case shall be
tried by the court without a | ||||||
17 | jury.
| ||||||
18 | (x) Transcripts of Judgment.
| ||||||
19 | For the filing of a transcript of judgment, the clerk | ||||||
20 | shall be entitled
to the same fee as if it were the | ||||||
21 | commencement of a new suit.
| ||||||
22 | (y) Change of Venue.
| ||||||
23 | (1) For the filing of a change of case on a change of | ||||||
24 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
25 | were the commencement of a new suit.
| ||||||
26 | (2) The fee for the preparation and certification of a | ||||||
27 | record on a
change of venue to another jurisdiction, when | ||||||
28 | original documents are
forwarded, a minimum of $40 and a | ||||||
29 | maximum of $65.
| ||||||
30 | (z) Tax objection complaints.
| ||||||
31 | For each tax objection complaint containing one or more | ||||||
32 | tax
objections, regardless of the number of parcels | ||||||
33 | involved or the number of
taxpayers joining in the | ||||||
34 | complaint, a minimum of $50 and a maximum of
$100.
|
| |||||||
| |||||||
1 | (aa) Tax Deeds.
| ||||||
2 | (1) Petition for tax deed, if only one parcel is | ||||||
3 | involved, a minimum
of
$250 and a maximum of $400.
| ||||||
4 | (2) For each additional parcel, add a fee of a minimum | ||||||
5 | of $100 and a
maximum of $200.
| ||||||
6 | (bb) Collections.
| ||||||
7 | (1) For all collections made of others, except the | ||||||
8 | State and county
and except in maintenance or child support | ||||||
9 | cases, a sum equal to 3.0% of
the amount collected and | ||||||
10 | turned over.
| ||||||
11 | (2) Interest earned on any funds held by the clerk | ||||||
12 | shall be turned
over to the county general fund as an | ||||||
13 | earning of the office.
| ||||||
14 | (3) For any check, draft, or other bank instrument | ||||||
15 | returned to the
clerk for non-sufficient funds, account | ||||||
16 | closed, or payment stopped, $25.
| ||||||
17 | (4) In child support and maintenance cases, the clerk, | ||||||
18 | if authorized by an
ordinance of the county board, may | ||||||
19 | collect an annual fee of up to $36 from
the person making | ||||||
20 | payment for maintaining child support records and the
| ||||||
21 | processing of support orders to the State of Illinois KIDS | ||||||
22 | system and the
recording of payments issued by the State | ||||||
23 | Disbursement Unit for the official
record of the Court. | ||||||
24 | This fee shall be in addition
to and separate from amounts | ||||||
25 | ordered to be paid as maintenance or child
support and | ||||||
26 | shall be deposited into a Separate Maintenance and Child | ||||||
27 | Support
Collection Fund, of which the clerk shall be the | ||||||
28 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
29 | child support orders and record all payments
issued by the | ||||||
30 | State Disbursement Unit for the official record of the | ||||||
31 | Court.
The clerk may recover from the person making the | ||||||
32 | maintenance or child
support payment any additional cost | ||||||
33 | incurred in the collection of this annual
fee.
| ||||||
34 | The clerk shall also be entitled to a fee of $5 for |
| |||||||
| |||||||
1 | certifications made
to the Secretary of State as provided | ||||||
2 | in Section 7-703 of the Family
Financial Responsibility Law | ||||||
3 | and these fees shall also be deposited into the
Separate | ||||||
4 | Maintenance and Child Support Collection Fund.
| ||||||
5 | (cc) Corrections of Numbers.
| ||||||
6 | For correction of the case number, case title, or | ||||||
7 | attorney computer
identification number, if required by | ||||||
8 | rule of court, on any document filed
in the clerk's office, | ||||||
9 | to be charged against the party that filed the document,
a | ||||||
10 | minimum of $25 and a maximum of $40.
| ||||||
11 | (dd) Exceptions.
| ||||||
12 | (1) The fee requirements of this Section shall not | ||||||
13 | apply to police
departments or other law enforcement | ||||||
14 | agencies. In this Section, "law
enforcement agency" means | ||||||
15 | an agency of the State or a unit of local
government which | ||||||
16 | is vested by law or ordinance with the duty to maintain
| ||||||
17 | public order and to enforce criminal laws or ordinances. | ||||||
18 | "Law enforcement
agency" also means the Attorney General or | ||||||
19 | any state's attorney.
| ||||||
20 | (2) No fee provided herein shall be charged to any unit | ||||||
21 | of
local government or school district.
The fee | ||||||
22 | requirements of this Section shall not apply to any action | ||||||
23 | instituted
under subsection (b) of Section 11-31-1 of the | ||||||
24 | Illinois Municipal Code by a
private owner or tenant of | ||||||
25 | real property within 1200 feet of a dangerous or
unsafe | ||||||
26 | building seeking an order compelling the owner or owners of | ||||||
27 | the building
to take any of the actions authorized under | ||||||
28 | that subsection.
| ||||||
29 | (3) The fee requirements of this Section shall not | ||||||
30 | apply to the filing
of any
commitment petition or petition | ||||||
31 | for an order authorizing the administration of
authorized
| ||||||
32 | involuntary treatment in the form of medication under the | ||||||
33 | Mental Health and
Developmental Disabilities Code.
| ||||||
34 | (ee) Adoption.
|
| |||||||
| |||||||
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 term | ||||||
4 | "special needs adoption" shall have
the meaning ascribed to | ||||||
5 | it by the Illinois Department of Children and Family
| ||||||
6 | Services.
| ||||||
7 | (ff) Adoption exemptions.
| ||||||
8 | No fee other than that set forth in subsection (ee) | ||||||
9 | shall be charged to
any person in connection with an | ||||||
10 | adoption proceeding
nor may any fee be
charged for | ||||||
11 | proceedings for
the appointment of a confidential | ||||||
12 | intermediary under the Adoption Act.
| ||||||
13 | (gg) Unpaid fees.
| ||||||
14 | Unless a court ordered payment schedule is implemented | ||||||
15 | or the fee
requirements of this Section are waived pursuant | ||||||
16 | to court order, the clerk of
the court may add to any | ||||||
17 | unpaid fees and costs under this Section a delinquency
| ||||||
18 | amount equal to 5% of the unpaid fees that remain unpaid | ||||||
19 | after 30 days, 10% of
the unpaid fees that remain unpaid | ||||||
20 | after 60 days, and 15% of the unpaid fees
that remain | ||||||
21 | unpaid after 90 days. Notice to those parties may be made | ||||||
22 | by
signage posting or publication. The clerk of the court | ||||||
23 | may after a period of 90
days release to credit reporting | ||||||
24 | agencies information regarding unpaid
amounts. The | ||||||
25 | additional delinquency amounts collected under this | ||||||
26 | Section shall
be used to defray additional administrative | ||||||
27 | costs incurred by the clerk of the
circuit court in | ||||||
28 | collecting unpaid fees and costs.
| ||||||
29 | (Source: P.A. 92-521, eff. 6-1-02; 93-385, eff. 7-25-03; | ||||||
30 | 93-573, eff.
8-21-03; revised 9-8-03.)
| ||||||
31 | (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
| ||||||
32 | Sec. 27.3b. The clerk of court may accept payment of fines, | ||||||
33 | penalties,
or costs
by credit card
or debit card
approved by |
| |||||||
| |||||||
1 | the clerk from an offender who has been
convicted of or placed | ||||||
2 | on court supervision for a traffic
offense, petty offense, | ||||||
3 | ordinance offense, or misdemeanor or who has been
convicted of | ||||||
4 | a felony offense. The clerk of the circuit court may accept
| ||||||
5 | credit card payments over the Internet for fines, penalties, or | ||||||
6 | costs from
offenders on voluntary electronic pleas of guilty in | ||||||
7 | minor traffic and
conservation offenses to satisfy the | ||||||
8 | requirement of written pleas of guilty as
provided in Illinois | ||||||
9 | Supreme Court Rule 529. The clerk of the court may also
accept
| ||||||
10 | payment of statutory fees by a credit card or debit card.
The | ||||||
11 | clerk of the court may
also accept the credit card
or debit | ||||||
12 | card
for the cash deposit of bail bond fees up to
$300 .
| ||||||
13 | The Clerk of the circuit court is authorized to enter into | ||||||
14 | contracts
with credit card
or debit card
companies approved by | ||||||
15 | the clerk and to pay those companies
fees normally charged by | ||||||
16 | those companies for allowing the clerk of the circuit
court to | ||||||
17 | accept their credit cards
or debit cards
in payment as | ||||||
18 | authorized herein. Where the
offender pays fines, penalties, or | ||||||
19 | costs by credit card or debit card,
or anyone paying
statutory | ||||||
20 | fees of
the circuit court clerk or the posting of cash bail, | ||||||
21 | the clerk shall
collect a service fee of up to $5 or the amount | ||||||
22 | charged to the clerk for use of
its services by
the credit card | ||||||
23 | or debit card issuer. This service fee shall be
in addition to | ||||||
24 | any other fines, penalties, or
costs.
| ||||||
25 | (Source: P.A. 93-391, eff. 1-1-04.)
| ||||||
26 | Section 10. The Code of Criminal
Procedure of 1963 is | ||||||
27 | amended by changing
Section 110-7 as follows:
| ||||||
28 | (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
| ||||||
29 | Sec. 110-7. Deposit of Bail Security.
| ||||||
30 | (a) The person for whom bail has been set shall execute the | ||||||
31 | bail bond and
deposit with the clerk of the court before which | ||||||
32 | the proceeding is pending a
sum of money equal to 10% of the |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
1 | (d) After conviction the court may order that the original
| ||||||
2 | bail stand as bail pending appeal or deny, increase or reduce | ||||||
3 | bail
subject to the provisions of Section 110-6.2.
| ||||||
4 | (e) After the entry of an order by the trial court allowing
| ||||||
5 | or denying bail pending appeal either party may apply to the
| ||||||
6 | reviewing court having jurisdiction or to a justice thereof
| ||||||
7 | sitting in vacation for an order increasing or decreasing the
| ||||||
8 | amount of bail or allowing or denying bail pending appeal | ||||||
9 | subject to the
provisions of Section 110-6.2.
| ||||||
10 | (f) When the conditions of the bail bond have been | ||||||
11 | performed
and the accused has been discharged from all | ||||||
12 | obligations in the
cause the clerk of the court shall return to | ||||||
13 | the accused or to the
defendant's designee by an assignment | ||||||
14 | executed at the time the bail amount
is deposited, unless
the | ||||||
15 | court orders otherwise, 90% of the sum which had been
deposited | ||||||
16 | and shall retain as bail bond costs 10% of the amount
| ||||||
17 | deposited. However, in no event shall the amount retained by | ||||||
18 | the
clerk as bail bond costs be less than $5. Bail bond | ||||||
19 | deposited by or on
behalf of a defendant in one case may be | ||||||
20 | used, in the court's discretion,
to satisfy financial | ||||||
21 | obligations of that same defendant incurred in a
different case | ||||||
22 | due to a fine, court costs,
restitution or fees of the | ||||||
23 | defendant's attorney of record. In counties with
a population | ||||||
24 | of 3,000,000 or more, the
The court shall
not order bail bond | ||||||
25 | deposited by or on behalf of a defendant in one case to
be used | ||||||
26 | to satisfy financial obligations of that same defendant in a
| ||||||
27 | different case until the bail bond is first used to satisfy | ||||||
28 | court costs and
attorney's fees in
the case in which the bail | ||||||
29 | bond has been deposited and any other unpaid child
support | ||||||
30 | obligations are satisfied. In counties with a population of | ||||||
31 | less than 3,000,000, the court shall
not order bail bond | ||||||
32 | deposited by or on behalf of a defendant in one case to
be used | ||||||
33 | to satisfy financial obligations of that same defendant in a
| ||||||
34 | different case until the bail bond is first used to satisfy |
| |||||||
| |||||||
1 | court costs
in
the case in which the bail bond has been | ||||||
2 | deposited.
| ||||||
3 | At the request of the defendant the court may order such | ||||||
4 | 90% of
defendant's bail deposit, or whatever amount is | ||||||
5 | repayable to defendant
from such deposit, to be paid to | ||||||
6 | defendant's attorney of record.
| ||||||
7 | (g) If the accused does not comply with the conditions of
| ||||||
8 | the bail bond the court having jurisdiction shall enter an
| ||||||
9 | order declaring the bail to be forfeited. Notice of such order
| ||||||
10 | of forfeiture shall be mailed forthwith to the accused at his
| ||||||
11 | last known address. If the accused does not appear and | ||||||
12 | surrender
to the court having jurisdiction within 30 days from | ||||||
13 | the date of
the forfeiture or within such period satisfy the | ||||||
14 | court
that appearance and surrender by the accused is | ||||||
15 | impossible
and without his fault the court shall enter judgment | ||||||
16 | for the State if the
charge for which the bond was given was a | ||||||
17 | felony
or misdemeanor, or if the charge was quasi-criminal or | ||||||
18 | traffic,
judgment for the political subdivision of the State | ||||||
19 | which
prosecuted the case, against the accused for the amount | ||||||
20 | of
the bail and costs of the court proceedings; however,
in | ||||||
21 | counties with a population of less than 3,000,000, instead of | ||||||
22 | the court
entering a judgment for the full amount
of the bond | ||||||
23 | the court may, in its discretion, enter judgment for the cash
| ||||||
24 | deposit on the bond, less costs, retain the deposit for further | ||||||
25 | disposition or,
if a cash bond was posted for failure to appear | ||||||
26 | in a matter involving
enforcement of child support or | ||||||
27 | maintenance, the amount of the cash deposit on
the bond, less | ||||||
28 | outstanding costs, may be awarded to the person or entity to
| ||||||
29 | whom the child support or maintenance is due. The deposit
made | ||||||
30 | in accordance with paragraph (a) shall be applied to
the | ||||||
31 | payment of costs. If judgment is entered and any amount of such
| ||||||
32 | deposit remains
after the payment of costs it shall be applied | ||||||
33 | to payment of
the judgment and transferred to the treasury of | ||||||
34 | the municipal
corporation wherein the bond was taken if the |
| |||||||
| |||||||
1 | offense was a
violation of any penal ordinance of a political | ||||||
2 | subdivision
of this State, or to the treasury of the county | ||||||
3 | wherein the
bond was taken if the offense was a violation of | ||||||
4 | any penal
statute of this State. The balance of the judgment | ||||||
5 | may be
enforced and collected in the same manner as a judgment | ||||||
6 | entered
in a civil action.
| ||||||
7 | (h) After a judgment for a fine and court costs or either | ||||||
8 | is
entered in the prosecution of a cause in which a deposit had
| ||||||
9 | been made in accordance with paragraph (a) the balance of such
| ||||||
10 | deposit, after deduction of bail bond costs, shall be applied
| ||||||
11 | to the payment of the judgment.
| ||||||
12 | (Source: P.A. 92-16, eff. 6-28-01; 93-371, eff. 1-1-04.)".
|