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