Full Text of HB4002 96th General Assembly
HB4002ham001 96TH GENERAL ASSEMBLY
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Judiciary I - Civil Law Committee
Filed: 5/28/2009
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LRB096 09872 AJO 27268 a |
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| AMENDMENT TO HOUSE BILL 4002
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| AMENDMENT NO. ______. Amend House Bill 4002 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Counties Code is amended by changing | 5 |
| Section 4-11001 as follows:
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| (55 ILCS 5/4-11001) (from Ch. 34, par. 4-11001)
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| Sec. 4-11001. Juror fees. Each county
shall pay to grand | 8 |
| and petit jurors for their services
in attending courts the sum | 9 |
| of
$4 until a juror fund fee is imposed and $25 thereafter for | 10 |
| each day of necessary attendance at
such courts as jurors in | 11 |
| counties of the first class, the sum of
$5 until a juror fund | 12 |
| fee is imposed and $30 thereafter for
each day in counties of | 13 |
| the second class, and the sum of
$10 until a juror fund fee is | 14 |
| imposed and $40 thereafter for each
day in counties of the | 15 |
| third class, or such higher amount as may be fixed by
the | 16 |
| county board.
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| In addition, jurors shall receive such travel expense as
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| may be determined by the county board, provided that jurors in
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| counties of the first class and second class shall receive at
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| least 10 cents per mile for their travel expense.
Mileage shall | 5 |
| be allowed for travel during a juror's term as well as for
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| travel at the opening and closing of his term.
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| If a judge so orders, a juror
shall also receive | 8 |
| reimbursement for the actual cost of day care incurred by
the | 9 |
| juror during his or her service on a jury.
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| The juror fees for service, transportation, and day care | 11 |
| shall be paid out
of the county treasury until a juror fund fee | 12 |
| is imposed and out of the County Juror Fund thereafter .
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| For the purpose of funding juror fees, the clerk of the | 14 |
| court shall collect in each civil action filed after January 1, | 15 |
| 2010, a juror fund fee, as fixed by the county board, equally | 16 |
| from each side. If there is more than one party on any side, | 17 |
| the juror fund fee for that side shall be equally divided among | 18 |
| those on that side. Within 180 days after the effective date of | 19 |
| this amendatory Act of the 96th General Assembly, the county | 20 |
| board must conduct an acceptable cost study and set and impose | 21 |
| an initial juror fund fee of no more than $50 justified by that | 22 |
| cost study as sufficient to pay the increased amount of the | 23 |
| juror fees as provided in this amendatory Act of the 96th | 24 |
| General Assembly. The county board may thereafter adjust the | 25 |
| amount of the juror fund fee, provided that the adjusted juror | 26 |
| fund fee must not exceed $50 and must be justified by an |
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| acceptable cost study showing that the then current fee is not | 2 |
| sufficient to cover the costs of juror fees. | 3 |
| The clerk shall deposit all of the juror fund fees | 4 |
| collected into a special county fund, the County Juror Fund, | 5 |
| which shall be used solely for the purpose of funding juror | 6 |
| fees in accordance with this Section. Within 10 business days | 7 |
| after the juror fund fee is initially imposed, and each month | 8 |
| thereafter, the county treasurer must transfer one-twelfth of | 9 |
| the base amount from the county treasury into the Fund. The | 10 |
| "base amount" is the total amount of all juror fees paid from | 11 |
| the county treasury during the 12-month period immediately | 12 |
| preceding the month in which the juror fund fee is initially | 13 |
| imposed. All moneys in the Fund and all income earned on those | 14 |
| moneys shall remain in the Fund and shall be available for | 15 |
| appropriation by the county board from fiscal year to fiscal | 16 |
| year for the purposes provided in this Section. | 17 |
| The following parties are exempt from payment of juror fund | 18 |
| fees: | 19 |
| (i) governmental entities; | 20 |
| (ii) pro se litigants; | 21 |
| (iii) parties to small claims actions; | 22 |
| (iv) parties seeking veterans' benefits or | 23 |
| compensation for a veteran or for a veteran's family member | 24 |
| or designee; | 25 |
| (v) parties to recoupment actions for | 26 |
| government-backed educational loans or mortgages; |
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| (vi) parties to child custody or child support cases; | 2 |
| (vii) parties to actions under the Illinois Domestic | 3 |
| Violence Act of 1986;
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| (viii) parties granted leave to commence and prosecute | 5 |
| or to defend an action as a poor person without the payment | 6 |
| of costs and expenses; and | 7 |
| (ix) parties to any other filings designated by Supreme | 8 |
| Court rule that involve minimal use of court resources and | 9 |
| that are not customarily afforded the opportunity for a | 10 |
| trial by jury.
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| The clerk of the court shall
furnish to each juror without | 12 |
| fee whenever the juror
he is discharged a certificate
of the | 13 |
| number of days' attendance at court, and upon presentation | 14 |
| thereof
to the county treasurer, the county treasurer
he shall | 15 |
| pay to the juror the sum
provided for the juror's
his service.
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| All counties, including home rule units, must comply with | 17 |
| the requirements of this Section. Juror fees may not be set, | 18 |
| administered, or paid in a manner inconsistent with this | 19 |
| Section. This Section is a limitation under subsection (i) of | 20 |
| Section 6 of Article VII of the Illinois Constitution on the | 21 |
| concurrent exercise by home rule units of powers and functions | 22 |
| exercised by the State.
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| (Source: P.A. 91-321, eff. 1-1-00.)
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| Section 10. The Clerks of Courts Act is amended by changing | 25 |
| Sections 27.1a, 27.2, and 27.2a as follows:
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| (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
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| Sec. 27.1a. The fees of the clerks of the circuit court in | 3 |
| all
counties having a population of not more than
500,000 | 4 |
| inhabitants in the instances described in this Section
shall be | 5 |
| as provided in this Section.
In those instances where a minimum | 6 |
| and maximum fee is stated, the clerk of
the circuit court must | 7 |
| charge the minimum fee listed and may charge up to the
maximum | 8 |
| fee if the county board has by resolution increased the fee.
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| The fees shall be paid in advance and
shall be as follows:
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| (a) Civil Cases.
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| The fee for filing a complaint, petition, or other | 12 |
| pleading initiating
a civil action, with the following | 13 |
| exceptions, shall be a minimum of $40 and
a maximum of | 14 |
| $160.
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| (A) When the amount of money or damages or the | 16 |
| value of personal
property claimed does not exceed | 17 |
| $250, $10.
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| (B) When that amount exceeds $250 but does not | 19 |
| exceed $500, a minimum
of $10 and a maximum of $20.
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| (C) When that amount exceeds $500 but does not | 21 |
| exceed $2500, a minimum
of $25 and a maximum of $40.
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| (D) When that amount exceeds $2500 but does not | 23 |
| exceed $15,000, a
minimum of $25 and a maximum of $75.
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| (E) For the exercise of eminent domain, a minimum | 25 |
| of $45 and
a maximum of $150. For each additional
lot |
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| or tract of land or right or interest therein subject | 2 |
| to be condemned,
the damages in respect to which shall | 3 |
| require separate assessment by a
jury, a minimum of $45 | 4 |
| and a maximum of $150.
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| (a-1) Family.
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| For filing a petition under the Juvenile Court Act of | 7 |
| 1987, $25.
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| For filing a petition for a marriage license, $10.
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| For performing a marriage in court, $10.
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| For filing a petition under the Illinois Parentage Act | 11 |
| of 1984, $40.
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| (b) Forcible Entry and Detainer.
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| In each forcible entry and detainer case when the | 14 |
| plaintiff seeks
possession only or unites with his or her | 15 |
| claim for possession of the property
a claim for rent or | 16 |
| damages or both in the amount of $15,000 or less, a
minimum | 17 |
| of $10 and a maximum of $50.
When the plaintiff unites his | 18 |
| or her claim for possession with a claim for
rent or | 19 |
| damages or both exceeding $15,000, a minimum of $40 and a | 20 |
| maximum of
$160.
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| (c) Counterclaim or Joining Third Party Defendant.
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| When any defendant files a counterclaim as part of his | 23 |
| or her
answer or otherwise or joins another party as a | 24 |
| third party defendant, or
both, the defendant shall pay a | 25 |
| fee for each counterclaim or third
party action in an | 26 |
| amount equal to the fee he or she would have had to pay
had |
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| he or she brought a separate action for the relief sought | 2 |
| in the
counterclaim or against the third party defendant, | 3 |
| less the amount of the
appearance fee, if that has been | 4 |
| paid.
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| (d) Confession of Judgment.
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| In a confession of judgment when the amount does not | 7 |
| exceed $1500, a
minimum of $20 and a maximum of $50.
When | 8 |
| the amount exceeds $1500, but does not exceed $15,000, a
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| minimum of $40 and a maximum of $115. When the
amount | 10 |
| exceeds $15,000, a minimum of $40 and a maximum of $200.
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| (e) Appearance.
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| The fee for filing an appearance in each civil case | 13 |
| shall be a minimum of
$15 and a maximum of $60,
except as | 14 |
| follows:
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| (A) When the plaintiff in a forcible entry and | 16 |
| detainer case seeks
possession only, a minimum of $10 | 17 |
| and a maximum of $50.
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| (B) When the amount in the case does not exceed | 19 |
| $1500, a minimum of
$10 and a maximum of $30.
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| (C) When that amount exceeds $1500 but does not | 21 |
| exceed $15,000, a
minimum of $15 and a maximum of $60.
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| (f) Garnishment, Wage Deduction, and Citation.
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| In garnishment affidavit, wage deduction affidavit, | 24 |
| and citation
petition when the amount does not exceed | 25 |
| $1,000, a minimum of $5 and a
maximum
of $15; when the | 26 |
| amount
exceeds $1,000 but does not exceed $5,000, a minimum |
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| of $5 and a maximum of
$30; and when the amount exceeds
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| $5,000, a minimum of $5 and a maximum of $50.
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| (g) Petition to Vacate or Modify.
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| (1) Petition to vacate or modify any final judgment or | 5 |
| order of
court, except in forcible entry and detainer cases | 6 |
| and small claims cases
or a petition to reopen an estate, | 7 |
| to modify, terminate, or enforce a
judgment or order for | 8 |
| child or spousal support, or to modify, suspend, or
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| terminate an order for withholding, if filed before 30 days | 10 |
| after the entry
of the judgment or order, a minimum of $20 | 11 |
| and a maximum of $50.
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| (2) Petition to vacate or modify any final judgment or | 13 |
| order of court,
except a petition to modify, terminate, or | 14 |
| enforce a judgment or order for
child or spousal support or | 15 |
| to modify, suspend, or terminate an order for
withholding, | 16 |
| if filed later than 30 days after the entry of the judgment | 17 |
| or
order, a minimum of $20 and a maximum of $75.
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| (3) Petition to vacate order of bond forfeiture, a | 19 |
| minimum of $10 and a
maximum of $40.
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| (h) Mailing.
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| When the clerk is required to mail, the fee will be a | 22 |
| minimum of $2 and a
maximum of $10,
plus the cost of | 23 |
| postage.
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| (i) Certified Copies.
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| Each certified copy of a judgment after the first, | 26 |
| except in small
claims and forcible entry and detainer |
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| cases, a minimum of $2 and a maximum
of $10.
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| (j) Habeas Corpus.
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| For filing a petition for relief by habeas corpus, a | 4 |
| minimum of $60 and a
maximum of $100.
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| (k) Certification, Authentication, and Reproduction.
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| (1) Each certification or authentication for taking | 7 |
| the acknowledgment
of a deed or other instrument in writing | 8 |
| with the seal of office, a minimum
of $2 and a maximum of | 9 |
| $6.
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| (2) Court appeals when original documents are | 11 |
| forwarded, under 100 pages,
plus delivery and costs, a | 12 |
| minimum of $20 and a maximum of $60.
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| (3) Court appeals when original documents are | 14 |
| forwarded, over 100 pages,
plus delivery and costs, a | 15 |
| minimum of $50 and a maximum of $150.
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| (4) Court appeals when original documents are | 17 |
| forwarded, over 200
pages, an additional fee of a minimum | 18 |
| of 20 cents and a maximum of 25 cents per page.
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| (5) For reproduction of any document contained in the | 20 |
| clerk's files:
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| (A) First page, a minimum of $1 and a maximum
of | 22 |
| $2.
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| (B) Next 19 pages, 50 cents per page.
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| (C) All remaining pages, 25 cents per page.
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| (l) Remands.
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| In any cases remanded to the Circuit Court from the |
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| Supreme Court
or the Appellate Court for a new trial, the | 2 |
| clerk shall file the remanding
order and reinstate the case | 3 |
| with either its original number or a new number.
The Clerk | 4 |
| shall not charge any new or additional fee for the | 5 |
| reinstatement.
Upon reinstatement the Clerk shall advise | 6 |
| the parties of the reinstatement. A
party shall have the | 7 |
| same right to a jury trial on remand and reinstatement as
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| he or she had before the appeal, and no additional or new | 9 |
| fee or charge shall
be made for a jury trial after remand.
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| (m) Record Search.
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| For each record search, within a division or municipal | 12 |
| district, the
clerk shall be entitled to a search fee of a | 13 |
| minimum of $4 and a maximum of
$6 for each year searched.
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| (n) Hard Copy.
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| For each page of hard copy print output, when case | 16 |
| records are
maintained on an automated medium, the clerk | 17 |
| shall be entitled to a fee of a
minimum of $4 and a maximum | 18 |
| of $6.
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| (o) Index Inquiry and Other Records.
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| No fee shall be charged for a single | 21 |
| plaintiff/defendant index inquiry
or single case record | 22 |
| inquiry when this request is made in person and the
records | 23 |
| are maintained in a current automated medium, and when no | 24 |
| hard copy
print output is requested. The fees to be charged | 25 |
| for management records,
multiple case records, and | 26 |
| multiple journal records may be specified by the
Chief |
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| Judge pursuant to the guidelines for access and | 2 |
| dissemination of
information approved by the Supreme | 3 |
| Court.
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| (p) (Blank).
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| (q) Alias Summons.
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| For each alias summons or citation issued by the clerk, | 7 |
| a minimum of $2
and a maximum of $5.
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| (r) Other Fees.
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| Any fees not covered in this Section shall be set by | 10 |
| rule or
administrative order of the Circuit Court with the | 11 |
| approval of the
Administrative Office of the Illinois | 12 |
| Courts.
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| The clerk of the circuit court may provide additional | 14 |
| services for
which there is no fee specified by statute in | 15 |
| connection with the operation
of the clerk's office as may | 16 |
| be requested by the public and agreed to by
the clerk and | 17 |
| approved by the chief judge of the circuit court. Any
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| charges for additional services shall be as agreed to
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| between the clerk and the party making the request and | 20 |
| approved by the
chief judge of the circuit court. Nothing | 21 |
| in this
subsection shall be construed to require any clerk | 22 |
| to provide any service
not otherwise required by law.
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| (s) (Blank). Jury Services.
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| The clerk shall be entitled to receive, in addition to | 25 |
| other fees
allowed by law, the sum of a minimum of $62.50 | 26 |
| and a maximum of $212.50, as a fee for the services of a |
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| jury in
every civil action not quasi-criminal in its nature | 2 |
| and not a proceeding
for the exercise of the right of | 3 |
| eminent domain and in every other action
wherein the right | 4 |
| of trial by jury is or may be given by law. The jury fee
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| shall be paid by the party demanding a jury at the time of | 6 |
| filing the jury
demand. If the fee is not paid by either | 7 |
| party, no jury shall be called in
the action or proceeding, | 8 |
| and the same shall be tried by the court without
a jury.
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| (t) Voluntary Assignment.
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| For filing each deed of voluntary assignment, a minimum | 11 |
| of $10 and a
maximum of $20; for recording
the same, a | 12 |
| minimum of 25 cents and a maximum of 50 cents for each
100 | 13 |
| words. Exceptions filed to claims presented
to an assignee | 14 |
| of a debtor who has made a voluntary assignment for the
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| 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 claimant | 19 |
| or claimants as party or parties defendant, and those
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| parties respectively shall pay to the clerk the same fees
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| as provided by this Section to be paid in other actions.
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| (u) Expungement Petition.
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| The clerk shall be entitled to receive a fee of a | 24 |
| minimum of $15 and a
maximum of $60 for each
expungement | 25 |
| petition filed and an additional fee of a minimum of $2 and | 26 |
| a
maximum of $4 for each certified
copy of an order to |
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| expunge arrest records.
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| (v) Probate.
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| The clerk is entitled to receive the fees
specified in | 4 |
| this subsection (v), which shall be paid in advance,
except | 5 |
| that, for good cause shown, the court may suspend, reduce, | 6 |
| or
release the costs payable under this subsection:
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| (1) For administration of the estate of a decedent | 8 |
| (whether testate
or intestate) or of a missing person, a | 9 |
| minimum of $50 and a maximum of
$150, plus the fees | 10 |
| specified in
subsection (v)(3), except:
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| (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.
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| (B) When (i) proof of heirship alone is made, (ii) | 15 |
| a domestic or
foreign will is admitted to probate | 16 |
| without administration (including
proof of heirship), | 17 |
| or (iii) letters of office are issued for a particular
| 18 |
| purpose without administration of the estate, the fee | 19 |
| shall be a minimum of
$10 and a maximum of $40.
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| (C) For filing a petition to sell Real Estate, $50.
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| (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.
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| (B) When (i) letters of office are issued to a | 2 |
| guardian of the person
or persons,
but not of the | 3 |
| estate or (ii) letters of office are issued in the | 4 |
| estate of
a ward without administration of the estate, | 5 |
| including filing or joining in
the filing of a tax | 6 |
| return or releasing a mortgage or consenting to the
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| marriage of the ward, the fee shall be a minimum of $10 | 8 |
| and a maximum of
$20.
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| (C) For filing a Petition to sell Real Estate, $50.
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| (3) In addition to the fees payable under subsection | 11 |
| (v)(1) or (v)(2)
of this Section, the following fees are | 12 |
| payable:
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| (A) For each account (other than one final account) | 14 |
| filed in the
estate of a decedent, or ward, a minimum | 15 |
| of $10 and a maximum of $25.
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| (B) For filing a claim in an estate when the amount | 17 |
| claimed is $150
or more but less than $500, a minimum | 18 |
| of $10 and a maximum of $25;
when the amount claimed is | 19 |
| $500 or more
but less than $10,000, a minimum of $10 | 20 |
| and a maximum of $40; when
the amount claimed is | 21 |
| $10,000 or more, a minimum of $10 and a maximum of
$60; | 22 |
| provided that the court in allowing a claim may add to | 23 |
| the
amount
allowed the filing fee paid by the claimant.
| 24 |
| (C) For filing in an estate a claim, petition, or | 25 |
| supplemental
proceeding based upon an action seeking | 26 |
| equitable relief including the
construction or contest |
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| of a will, enforcement of a contract to make a
will, | 2 |
| and proceedings involving testamentary trusts or the | 3 |
| appointment of
testamentary trustees, a minimum of $40 | 4 |
| and a maximum of $60.
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| (D) For filing in an estate (i) the appearance of | 6 |
| any person for the
purpose of consent or (ii) the | 7 |
| appearance of an executor, administrator,
| 8 |
| administrator to collect, guardian, guardian ad litem, | 9 |
| or special
administrator, no fee.
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| (E) Except as provided in subsection (v)(3)(D), | 11 |
| for filing the
appearance of any person or persons, a | 12 |
| minimum of $10 and a maximum of $30.
| 13 |
| (F) (Blank). For each jury demand, a minimum of | 14 |
| $62.50 and a maximum of
$137.50.
| 15 |
| (G) For disposition of the collection of a judgment | 16 |
| or settlement of
an action or claim for wrongful death | 17 |
| of a decedent or of any cause of
action of a ward, when | 18 |
| there is no other administration of the estate, a
| 19 |
| minimum of $30 and a maximum of $50,
less any amount | 20 |
| paid under subsection (v)(1)(B) or (v)(2)(B) except | 21 |
| that if
the amount involved does not exceed $5,000, the | 22 |
| fee, including any amount
paid under subsection | 23 |
| (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
| 24 |
| maximum of $20.
| 25 |
| (H) For each certified copy of letters of office, | 26 |
| of court order or
other certification, a minimum of $1 |
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| and a maximum of $2, plus a
minimum of 50 cents and a | 2 |
| maximum of $1 per page in excess of 3 pages
for the
| 3 |
| document certified.
| 4 |
| (I) For each exemplification, a minimum of $1 and a | 5 |
| maximum of $2, plus the fee for certification.
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| (4) The executor, administrator, guardian, petitioner,
| 7 |
| or other interested person or his or her attorney shall pay | 8 |
| the cost of
publication by the clerk directly to the | 9 |
| newspaper.
| 10 |
| (5) The person on whose behalf a charge is incurred for | 11 |
| witness,
court reporter, appraiser, or other miscellaneous | 12 |
| fee shall pay the same
directly to the person entitled | 13 |
| thereto.
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| (6) The executor, administrator, guardian, petitioner, | 15 |
| or other
interested person or his or her attorney shall pay | 16 |
| to the clerk all postage
charges incurred by the clerk in | 17 |
| mailing petitions, orders, notices, or
other documents | 18 |
| pursuant to the provisions of the Probate Act of 1975.
| 19 |
| (w) Criminal and Quasi-Criminal Costs and Fees.
| 20 |
| (1) The clerk shall be entitled to costs in all | 21 |
| criminal
and quasi-criminal cases from each person | 22 |
| convicted or sentenced to
supervision therein as follows:
| 23 |
| (A) Felony complaints, a minimum of $40 and a | 24 |
| maximum of $100.
| 25 |
| (B) Misdemeanor complaints, a minimum of $25 and a | 26 |
| maximum of $75.
|
|
|
|
09600HB4002ham001 |
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| 1 |
| (C) Business offense complaints, a minimum of $25 | 2 |
| and a maximum of
$75.
| 3 |
| (D) Petty offense complaints, a minimum of $25 and | 4 |
| a maximum of $75.
| 5 |
| (E) Minor traffic or ordinance violations, $10.
| 6 |
| (F) When court appearance required, $15.
| 7 |
| (G) Motions to vacate or amend final orders, a | 8 |
| minimum of $20 and a
maximum of $40.
| 9 |
| (H) Motions to vacate bond forfeiture orders, a | 10 |
| minimum of $20 and
a maximum of $40.
| 11 |
| (I) Motions to vacate ex parte judgments, whenever | 12 |
| filed, a minimum of
$20 and a maximum of $40.
| 13 |
| (J) Motions to vacate judgment on forfeitures, | 14 |
| whenever filed, a
minimum of $20 and a maximum of $40.
| 15 |
| (K) Motions to vacate "failure to appear" or | 16 |
| "failure to comply"
notices sent to the Secretary of | 17 |
| State, a minimum of $20 and a maximum of
$40.
| 18 |
| (2) In counties having a population of not
more
than | 19 |
| 500,000 inhabitants, when the violation complaint is
| 20 |
| issued by a
municipal police department, the clerk shall be | 21 |
| entitled to costs from each
person convicted therein as | 22 |
| follows:
| 23 |
| (A) Minor traffic or ordinance violations, $10.
| 24 |
| (B) When court appearance required, $15.
| 25 |
| (3) (Blank). In ordinance violation cases punishable | 26 |
| by fine only, the clerk
of the circuit court shall be |
|
|
|
09600HB4002ham001 |
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| 1 |
| entitled to receive, unless the fee is
excused upon a | 2 |
| finding by the court that the defendant is indigent, in
| 3 |
| addition to other fees or costs allowed or imposed by law, | 4 |
| the sum of a
minimum of $62.50 and a maximum of $137.50
as | 5 |
| a fee for the services of a jury. The jury fee shall be | 6 |
| paid by the
defendant at the time of filing his or her jury | 7 |
| demand. If the fee is not
so paid by the defendant, no jury | 8 |
| shall be called, and the case shall be
tried by the court | 9 |
| without a jury.
| 10 |
| (x) Transcripts of Judgment.
| 11 |
| For the filing of a transcript of judgment, the clerk | 12 |
| shall be entitled
to the same fee as if it were the | 13 |
| commencement of a new suit.
| 14 |
| (y) Change of Venue.
| 15 |
| (1) For the filing of a change of case on a change of | 16 |
| venue, the clerk
shall be entitled to the same fee as if it | 17 |
| were the commencement of a new suit.
| 18 |
| (2) The fee for the preparation and certification of a | 19 |
| record on a
change of venue to another jurisdiction, when | 20 |
| original documents are
forwarded, a minimum of $10 and a | 21 |
| maximum of $40.
| 22 |
| (z) Tax objection complaints.
| 23 |
| For each tax objection complaint containing one or more | 24 |
| tax
objections, regardless of the number of parcels | 25 |
| involved or the number of
taxpayers joining on the | 26 |
| complaint, a minimum of $10 and a maximum of $50.
|
|
|
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| (aa) Tax Deeds.
| 2 |
| (1) Petition for tax deed, if only one parcel is | 3 |
| involved, a minimum of
$45 and a maximum of $200.
| 4 |
| (2) For each additional parcel, add a fee of a minimum | 5 |
| of $10 and a
maximum of $60.
| 6 |
| (bb) Collections.
| 7 |
| (1) For all collections made of others, except the | 8 |
| State and county
and except in maintenance or child support | 9 |
| cases, a sum equal to a
minimum of 2% and a maximum of 2.5% | 10 |
| of
the amount collected and turned over.
| 11 |
| (2) Interest earned on any funds held by the clerk | 12 |
| shall be turned
over to the county general fund as an | 13 |
| earning of the office.
| 14 |
| (3) For any check, draft, or other bank instrument | 15 |
| returned to the
clerk for non-sufficient funds, account | 16 |
| closed, or
payment stopped, $25.
| 17 |
| (4) In child support and maintenance cases, the clerk, | 18 |
| if authorized by an
ordinance of the county board, may | 19 |
| collect an annual fee of up to $36 from
the person making | 20 |
| payment for maintaining child support records and the
| 21 |
| processing of support orders to the State of Illinois KIDS | 22 |
| system and the
recording of payments issued by the State | 23 |
| Disbursement Unit for the official
record of the Court. | 24 |
| This fee shall be in addition
to and separate from amounts | 25 |
| ordered to be paid as maintenance or child
support and | 26 |
| shall be deposited into a Separate Maintenance and Child |
|
|
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09600HB4002ham001 |
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| 1 |
| Support
Collection Fund, of which the clerk shall be the | 2 |
| custodian, ex-officio, to
be used by the clerk to maintain | 3 |
| child support orders and record all payments
issued by the | 4 |
| State Disbursement Unit for the official record of the | 5 |
| Court.
The clerk may recover from the person making the | 6 |
| maintenance or child support
payment any additional cost | 7 |
| incurred in the collection of this annual
fee.
| 8 |
| The clerk shall also be entitled to a fee of $5 for | 9 |
| certifications made
to the Secretary of State as provided | 10 |
| in Section 7-703 of the Family
Financial Responsibility Law | 11 |
| and these fees shall also be deposited into the
Separate | 12 |
| Maintenance and Child Support Collection Fund.
| 13 |
| (cc) Corrections of Numbers.
| 14 |
| For correction of the case number, case
title, or | 15 |
| attorney computer identification number, if required by | 16 |
| rule of
court, on any document filed in the clerk's office, | 17 |
| to be charged against
the party that filed the document, a | 18 |
| minimum of $10 and a maximum of $25.
| 19 |
| (dd) Exceptions.
| 20 |
| (1) The fee requirements of this Section shall not | 21 |
| apply to police
departments or other law enforcement | 22 |
| agencies. In this Section, "law
enforcement agency" means | 23 |
| an agency of the State or a unit of local
government which | 24 |
| is vested by law or ordinance with the duty to maintain
| 25 |
| public order and to enforce criminal laws or ordinances. | 26 |
| "Law enforcement
agency" also means the Attorney General or |
|
|
|
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| 1 |
| any state's attorney.
| 2 |
| (2) No fee provided herein shall be charged to any unit | 3 |
| of local
government or school district.
| 4 |
| (3) The fee requirements of this Section shall not | 5 |
| apply to any action
instituted under subsection (b) of | 6 |
| Section 11-31-1 of the Illinois Municipal
Code by a private | 7 |
| owner or tenant of real property within 1200 feet of a
| 8 |
| dangerous or unsafe building seeking an order compelling | 9 |
| the owner or owners of
the building to take any of the | 10 |
| actions authorized under that subsection.
| 11 |
| (4) The fee requirements of this Section shall not | 12 |
| apply to the filing of
any
commitment petition or petition | 13 |
| for an order authorizing the administration of | 14 |
| psychotropic medication or electroconvulsive therapy
under | 15 |
| the Mental Health and
Developmental Disabilities Code.
| 16 |
| (ee) Adoptions.
| 17 |
| (1) For an adoption ..............................$65
| 18 |
| (2) Upon good cause shown, the court may waive the | 19 |
| adoption filing fee in
a special needs adoption. The term | 20 |
| "special needs adoption" shall have the
meaning ascribed to | 21 |
| it by the Illinois Department of Children and Family
| 22 |
| Services.
| 23 |
| (ff) Adoption exemptions.
| 24 |
| No fee other than that set forth in subsection (ee) | 25 |
| shall be charged to any
person in connection with an | 26 |
| adoption proceeding nor may any fee be charged for
|
|
|
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| proceedings for the appointment of a confidential | 2 |
| intermediary under the
Adoption Act.
| 3 |
| (Source: P.A. 95-172, eff. 8-14-07; 95-331, eff. 8-21-07.)
| 4 |
| (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
| 5 |
| Sec. 27.2. The fees of the clerks of the circuit court in | 6 |
| all
counties having a population in excess of 500,000 | 7 |
| inhabitants
but less than 3,000,000 inhabitants in the | 8 |
| instances described in this Section
shall be as provided in | 9 |
| this Section.
In those instances where a minimum and maximum | 10 |
| fee is stated, counties with
more than 500,000 inhabitants but | 11 |
| less than 3,000,000 inhabitants must charge
the minimum fee | 12 |
| listed in this Section and may charge up to the maximum fee if
| 13 |
| the county board has by resolution increased the fee.
In | 14 |
| addition, the minimum fees authorized in this
Section shall | 15 |
| apply to all units of local government and school districts
in | 16 |
| counties with more than 3,000,000 inhabitants. The fees shall | 17 |
| be paid
in advance and shall be as follows:
| 18 |
| (a) Civil Cases.
| 19 |
| The fee for filing a complaint, petition, or other | 20 |
| pleading initiating
a civil action, with the following | 21 |
| exceptions, shall be a minimum of $150
and a maximum of | 22 |
| $190.
| 23 |
| (A) When the amount of money or damages or the | 24 |
| value of personal
property claimed does not exceed | 25 |
| $250, a minimum of $10 and a maximum of
$15.
|
|
|
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| (B) When that amount exceeds $250 but does not | 2 |
| exceed $1,000, a minimum of $20 and a maximum of $40.
| 3 |
| (C) When that amount exceeds $1,000 but does not | 4 |
| exceed
$2500, a minimum
of $30 and a maximum of $50.
| 5 |
| (D) When that amount exceeds $2500 but does not | 6 |
| exceed $5,000, a minimum of $75 and a maximum of $100.
| 7 |
| (D-5) When the amount exceeds $5,000 but does not | 8 |
| exceed $15,000, a
minimum of $75 and a maximum of $150.
| 9 |
| (E) For the exercise of eminent domain, $150. For | 10 |
| each
additional lot or tract of land or right or | 11 |
| interest therein subject to be
condemned, the damages | 12 |
| in respect to which shall require separate
assessment | 13 |
| by a jury, $150.
| 14 |
| (F) No fees shall be charged by the clerk to a | 15 |
| petitioner in any
order of
protection including, but | 16 |
| not limited to, filing, modifying, withdrawing,
| 17 |
| certifying, or
photocopying petitions for orders of | 18 |
| protection, or for issuing alias summons,
or for any
| 19 |
| related filing service, certifying, modifying, | 20 |
| vacating, or
photocopying any
orders of protection.
| 21 |
| (b) Forcible Entry and Detainer.
| 22 |
| In each forcible entry and detainer case when the | 23 |
| plaintiff seeks
possession only or unites with his or her | 24 |
| claim for possession of the property
a claim for rent or | 25 |
| damages or both in the amount of $15,000 or less, a
minimum | 26 |
| of $40 and a maximum of $75.
When the plaintiff unites his |
|
|
|
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|
| 1 |
| or her claim for possession with a claim for
rent or | 2 |
| damages or both exceeding $15,000, a minimum of $150 and a
| 3 |
| maximum of $225.
| 4 |
| (c) Counterclaim or Joining Third Party Defendant.
| 5 |
| When any defendant files a counterclaim as part of his | 6 |
| or her
answer or otherwise or joins another party as a | 7 |
| third party defendant, or
both, the defendant shall pay a | 8 |
| fee for each counterclaim or third
party action in an | 9 |
| amount equal to the fee he or she would have had to pay
had | 10 |
| he or she brought a separate action for the relief sought | 11 |
| in the
counterclaim or against the third party defendant, | 12 |
| less the amount of the
appearance fee, if that has been | 13 |
| paid.
| 14 |
| (d) Confession of Judgment.
| 15 |
| In a confession of judgment when the amount does not | 16 |
| exceed $1500, a
minimum of $50 and a maximum of $60. When | 17 |
| the amount exceeds
$1500, but does not exceed $5,000, $75.
| 18 |
| When the amount exceeds $5,000, but does not exceed
| 19 |
| $15,000, $175.
When the amount exceeds $15,000, a minimum | 20 |
| of $200 and a maximum of
$250.
| 21 |
| (e) Appearance.
| 22 |
| The fee for filing an appearance in each civil case | 23 |
| shall be a minimum
of $50 and a maximum of $75,
except as | 24 |
| follows:
| 25 |
| (A) When the plaintiff in a forcible entry and | 26 |
| detainer case seeks
possession only, a minimum of $20 |
|
|
|
09600HB4002ham001 |
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|
| 1 |
| and a maximum of $40.
| 2 |
| (B) When the amount in the case does not exceed | 3 |
| $1500, a minimum of
$20 and a maximum of $40.
| 4 |
| (C) When the amount in the case exceeds $1500 but | 5 |
| does
not exceed $15,000, a minimum of $40 and a maximum | 6 |
| of $60.
| 7 |
| (f) Garnishment, Wage Deduction, and Citation.
| 8 |
| In garnishment affidavit, wage deduction affidavit, | 9 |
| and citation
petition when the amount does not exceed | 10 |
| $1,000, a minimum of $10 and a
maximum of $15; when the | 11 |
| amount
exceeds $1,000 but does not exceed $5,000, a minimum | 12 |
| of $20 and a maximum
of $30; and when the amount exceeds
| 13 |
| $5,000, a minimum of $30 and a maximum of $50.
| 14 |
| (g) Petition to Vacate
or Modify.
| 15 |
| (1) Petition to vacate
or modify any final judgment or | 16 |
| order of court,
except in forcible entry and detainer cases | 17 |
| and small claims cases or a
petition to reopen an estate, | 18 |
| to modify, terminate, or enforce a
judgment or order for | 19 |
| child or spousal support, or to modify, suspend, or
| 20 |
| terminate an order for withholding, if filed before 30 days | 21 |
| after the entry
of the judgment or order, a minimum of $40 | 22 |
| and a maximum of $50.
| 23 |
| (2) Petition to vacate
or modify any final judgment
or | 24 |
| order of court, except a petition to modify, terminate, or | 25 |
| enforce a
judgment or order for child or spousal support or | 26 |
| to modify, suspend, or
terminate an order for withholding, |
|
|
|
09600HB4002ham001 |
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LRB096 09872 AJO 27268 a |
|
| 1 |
| if filed later than 30 days
after the entry of the judgment | 2 |
| or order, a minimum of $60 and a maximum
of $75.
| 3 |
| (3) Petition to vacate order of bond forfeiture, a | 4 |
| minimum of $20
and a maximum of $40.
| 5 |
| (h) Mailing.
| 6 |
| When the clerk is required to mail, the fee will be a | 7 |
| minimum of $6
and a maximum of $10, plus the cost of | 8 |
| postage.
| 9 |
| (i) Certified Copies.
| 10 |
| Each certified copy of a judgment after the first, | 11 |
| except in small
claims and forcible entry and detainer | 12 |
| cases, a minimum of $10 and a
maximum of $15.
| 13 |
| (j) Habeas Corpus.
| 14 |
| For filing a petition for relief by habeas corpus, a | 15 |
| minimum of $80
and a maximum of $125.
| 16 |
| (k) Certification, Authentication, and Reproduction.
| 17 |
| (1) Each certification or authentication for taking | 18 |
| the acknowledgment
of a deed or other instrument in writing | 19 |
| with the seal of office, a minimum
of $4 and a maximum of | 20 |
| $6.
| 21 |
| (2) Court appeals when original documents are | 22 |
| forwarded, under 100 pages,
plus delivery and costs, a | 23 |
| minimum of $50 and a maximum of $75.
| 24 |
| (3) Court appeals when original documents are | 25 |
| forwarded, over 100 pages,
plus delivery and costs, a | 26 |
| minimum of $120 and a maximum of $150.
|
|
|
|
09600HB4002ham001 |
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LRB096 09872 AJO 27268 a |
|
| 1 |
| (4) Court appeals when original documents are | 2 |
| forwarded, over 200
pages, an additional fee of a minimum | 3 |
| of 20 and a maximum of 25 cents
per page.
| 4 |
| (5) For reproduction of any document contained in the | 5 |
| clerk's files:
| 6 |
| (A) First page, $2.
| 7 |
| (B) Next 19 pages, 50 cents per page.
| 8 |
| (C) All remaining pages, 25 cents per page.
| 9 |
| (l) Remands.
| 10 |
| In any cases remanded to the Circuit Court from the | 11 |
| Supreme Court
or the Appellate Court for a new trial, the | 12 |
| clerk shall file the remanding
order and reinstate the case | 13 |
| with either its original number or a new number.
The Clerk | 14 |
| shall not
charge any new or additional fee for the | 15 |
| reinstatement. Upon reinstatement the
Clerk shall advise | 16 |
| the parties of the reinstatement. A party shall have the
| 17 |
| same right to a jury trial on remand and reinstatement as | 18 |
| he or she had before
the appeal, and no additional or new | 19 |
| fee or charge shall be made for a jury
trial after remand.
| 20 |
| (m) Record Search.
| 21 |
| For each record search, within a division or municipal | 22 |
| district, the
clerk shall be entitled to a search fee of a | 23 |
| minimum of $4 and a maximum
of $6 for each year searched.
| 24 |
| (n) Hard Copy.
| 25 |
| For each page of hard copy print output, when case | 26 |
| records are
maintained on an automated medium, the clerk |
|
|
|
09600HB4002ham001 |
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LRB096 09872 AJO 27268 a |
|
| 1 |
| shall be entitled to a fee of a
minimum of $4 and a maximum | 2 |
| of $6.
| 3 |
| (o) Index Inquiry and Other Records.
| 4 |
| No fee shall be charged for a single | 5 |
| plaintiff/defendant index inquiry
or single case record | 6 |
| inquiry when this request is made in person and the
records | 7 |
| are maintained in a current automated medium, and when no | 8 |
| hard copy
print output is requested. The fees to be charged | 9 |
| for management records,
multiple case records, and | 10 |
| multiple journal records may be specified by the
Chief | 11 |
| Judge pursuant to the guidelines for access and | 12 |
| dissemination of
information approved by the Supreme | 13 |
| Court.
| 14 |
| (p) (Blank).
| 15 |
| (q) Alias Summons.
| 16 |
| For each alias summons or citation issued by the clerk, | 17 |
| a minimum of $4
and a maximum of $5.
| 18 |
| (r) Other Fees.
| 19 |
| Any fees not covered in this Section shall be set by | 20 |
| rule or
administrative order of the Circuit Court with the | 21 |
| approval of the
Administrative Office of the Illinois | 22 |
| Courts.
| 23 |
| The clerk of the circuit court may provide additional | 24 |
| services for
which there is no fee specified by statute in | 25 |
| connection with the operation
of the clerk's office as may | 26 |
| be requested by the public and agreed to by
the clerk and |
|
|
|
09600HB4002ham001 |
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| 1 |
| approved by the chief judge of the circuit court. Any
| 2 |
| charges for additional services shall be as agreed to
| 3 |
| between the clerk and the party making the request and | 4 |
| approved by the
chief judge of the circuit court. Nothing | 5 |
| in this
subsection shall be construed to require any clerk | 6 |
| to provide any service
not otherwise required by law.
| 7 |
| (s) (Blank). Jury Services.
| 8 |
| The clerk shall be entitled to receive, in
addition to | 9 |
| other fees allowed by law, the sum of a minimum of $192.50
| 10 |
| and a maximum of $212.50, as a fee for the
services of a | 11 |
| jury in every civil action not quasi-criminal in its
nature | 12 |
| and not a proceeding for the exercise of the right of | 13 |
| eminent
domain and in every other action wherein the right | 14 |
| of trial by jury
is or may be given by law. The jury fee | 15 |
| shall be paid by the party
demanding a jury at the time of | 16 |
| filing the jury demand. If the fee is
not paid by either | 17 |
| party, no jury shall be called in the action or
proceeding, | 18 |
| and the same shall be tried by the court without a jury.
| 19 |
| (t) Voluntary Assignment.
| 20 |
| For filing each deed of voluntary assignment, a minimum | 21 |
| of $10 and a
maximum of $20; for recording
the same, a | 22 |
| minimum of 25˘ and a maximum of 50˘ for each 100 words.
| 23 |
| Exceptions filed to claims presented
to an assignee of a | 24 |
| debtor who has made a voluntary assignment for the
benefit | 25 |
| of creditors shall be considered and treated, for the | 26 |
| purpose of
taxing costs therein, as actions in which the |
|
|
|
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| 1 |
| party or parties filing
the exceptions shall be considered | 2 |
| as party or parties plaintiff, and
the claimant or | 3 |
| claimants as party or parties defendant, and those
parties | 4 |
| respectively shall pay to the clerk the same fees
as | 5 |
| provided by this Section to be paid in other actions.
| 6 |
| (u) Expungement Petition.
| 7 |
| The clerk shall be entitled to receive a
fee of a | 8 |
| minimum of $30 and a maximum of $60 for each expungement
| 9 |
| petition filed and an additional fee of a minimum of $2 and | 10 |
| a maximum of
$4 for each certified copy of an order to | 11 |
| expunge arrest records.
| 12 |
| (v) Probate.
| 13 |
| The clerk is entitled to receive the fees specified in | 14 |
| this subsection
(v), which shall be paid in advance, except | 15 |
| that, for good cause shown, the
court may suspend, reduce, | 16 |
| or release the costs payable under this subsection:
| 17 |
| (1) For administration of the estate of a decedent | 18 |
| (whether testate
or intestate) or of a missing person, a | 19 |
| minimum of $100 and a maximum of
$150, plus the fees | 20 |
| specified in
subsection (v)(3), except:
| 21 |
| (A) When the value of the real and personal | 22 |
| property does not exceed
$15,000, the fee shall be a | 23 |
| minimum of $25 and a maximum of $40.
| 24 |
| (B) When (i) proof of heirship alone is made, (ii) | 25 |
| a domestic or
foreign will is admitted to probate | 26 |
| without administration (including
proof of heirship), |
|
|
|
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|
| 1 |
| or (iii) letters of office are issued for a particular
| 2 |
| purpose without administration of the estate, the fee | 3 |
| shall be a minimum of
$25 and a maximum of $40.
| 4 |
| (2) For administration of the estate of a ward, a | 5 |
| minimum of $50 and
a maximum of $75,
plus the fees | 6 |
| specified in subsection (v)(3), except:
| 7 |
| (A) When the value of the real and personal | 8 |
| property does not exceed
$15,000, the fee shall be a | 9 |
| minimum of $25 and a maximum of $40.
| 10 |
| (B) When (i) letters of office are issued to a | 11 |
| guardian of the
person or persons, but not of the | 12 |
| estate or (ii) letters of office are
issued in the
| 13 |
| estate of a ward without administration of the estate, | 14 |
| including filing or
joining in the filing of a tax | 15 |
| return or releasing a mortgage or consenting
to the | 16 |
| marriage of the ward, the fee shall be a minimum of $10 | 17 |
| and a
maximum
of $20.
| 18 |
| (3) In addition to the fees payable under subsection | 19 |
| (v)(1) or (v)(2)
of this Section, the following fees are | 20 |
| payable:
| 21 |
| (A) For each account (other than one final account) | 22 |
| filed in the
estate of a decedent, or ward, a minimum | 23 |
| of $15 and a maximum of $25.
| 24 |
| (B) For filing a claim in an estate when the amount | 25 |
| claimed is $150
or more but less than $500, a minimum | 26 |
| of $10 and a maximum of $20; when
the amount claimed is |
|
|
|
09600HB4002ham001 |
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| 1 |
| $500 or
more but less than $10,000, a minimum of $25 | 2 |
| and a maximum of $40; when
the amount claimed is | 3 |
| $10,000 or more, a minimum of $40 and a maximum of
$60; | 4 |
| provided that the court in allowing a claim may add to | 5 |
| the amount
allowed
the filing fee paid by the claimant.
| 6 |
| (C) For filing in an estate a claim, petition, or | 7 |
| supplemental
proceeding based upon an action seeking | 8 |
| equitable relief including the
construction or contest | 9 |
| of a will, enforcement of a contract to make a
will, | 10 |
| and proceedings involving testamentary trusts or the | 11 |
| appointment of
testamentary trustees, a minimum of $40 | 12 |
| and a maximum of $60.
| 13 |
| (D) For filing in an estate (i) the appearance of | 14 |
| any person for the
purpose of consent or (ii) the | 15 |
| appearance of an executor, administrator,
| 16 |
| administrator to collect, guardian, guardian ad litem, | 17 |
| or special
administrator, no fee.
| 18 |
| (E) Except as provided in subsection (v)(3)(D), | 19 |
| for filing the
appearance of any person or persons, a | 20 |
| minimum of $10 and a maximum of
$30.
| 21 |
| (F) (Blank). For each jury demand, a minimum of | 22 |
| $102.50 and a maximum of
$137.50.
| 23 |
| (G) For disposition of the collection of a judgment | 24 |
| or settlement of
an action or claim for wrongful death | 25 |
| of a decedent or of any cause of
action of a ward, when | 26 |
| there is no other administration
of the estate, a |
|
|
|
09600HB4002ham001 |
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|
| 1 |
| minimum of $30 and a maximum of $50, less any amount
| 2 |
| paid under subsection (v)(1)(B)
or (v)(2)(B) except | 3 |
| that if the amount involved does not exceed
$5,000, the | 4 |
| fee, including any amount paid under subsection | 5 |
| (v)(1)(B) or
(v)(2)(B), shall be a minimum of $10 and a | 6 |
| maximum of $20.
| 7 |
| (H) For each certified copy of letters of office, | 8 |
| of court order or
other certification, a minimum of $1 | 9 |
| and a maximum of $2, plus a
minimum of 50˘ and a | 10 |
| maximum of $1 per page in excess of 3 pages for the
| 11 |
| document certified.
| 12 |
| (I) For each exemplification, a minimum of $1 and a | 13 |
| maximum of
$2, plus the fee for certification.
| 14 |
| (4) The executor, administrator, guardian, petitioner,
| 15 |
| or other interested person or his or her attorney shall pay | 16 |
| the cost of
publication by the clerk directly to the | 17 |
| newspaper.
| 18 |
| (5) The person on whose behalf a charge is incurred for | 19 |
| witness,
court reporter, appraiser, or other miscellaneous | 20 |
| fee shall pay the same
directly to the person entitled | 21 |
| thereto.
| 22 |
| (6) The executor, administrator, guardian, petitioner,
| 23 |
| or other interested person or his attorney shall pay to the | 24 |
| clerk all
postage charges incurred by the clerk in mailing | 25 |
| petitions, orders,
notices, or other documents pursuant to | 26 |
| the provisions of the Probate Act
of 1975.
|
|
|
|
09600HB4002ham001 |
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|
| 1 |
| (w) Criminal and Quasi-Criminal Costs and Fees.
| 2 |
| (1) The clerk shall be entitled to costs in all | 3 |
| criminal
and quasi-criminal cases from each person | 4 |
| convicted or sentenced to
supervision therein as follows:
| 5 |
| (A) Felony complaints, a minimum of $80 and a | 6 |
| maximum of $125.
| 7 |
| (B) Misdemeanor complaints, a minimum of $50 and a | 8 |
| maximum of
$75.
| 9 |
| (C) Business offense complaints, a minimum of $50 | 10 |
| and a maximum of
$75.
| 11 |
| (D) Petty offense complaints, a minimum of $50 and | 12 |
| a maximum of
$75.
| 13 |
| (E) Minor traffic or ordinance violations, $20.
| 14 |
| (F) When court appearance required, $30.
| 15 |
| (G) Motions to vacate or amend final orders, a | 16 |
| minimum of $20 and
a maximum of $40.
| 17 |
| (H) Motions to vacate bond forfeiture orders, a | 18 |
| minimum of $20 and
a maximum of $30.
| 19 |
| (I) Motions to vacate ex parte judgments, whenever | 20 |
| filed, a minimum
of $20 and a maximum of $30.
| 21 |
| (J) Motions to vacate judgment on forfeitures, | 22 |
| whenever filed, a
minimum of $20 and a maximum of $25.
| 23 |
| (K) Motions to vacate "failure to appear" or | 24 |
| "failure to comply"
notices sent to the Secretary of | 25 |
| State, a minimum of $20 and a maximum of
$40.
| 26 |
| (2) In counties having a population of more than |
|
|
|
09600HB4002ham001 |
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|
| 1 |
| 500,000
but fewer
than 3,000,000 inhabitants, when the | 2 |
| violation complaint is issued by a
municipal police | 3 |
| department, the clerk shall be entitled to costs from each
| 4 |
| person convicted therein as follows:
| 5 |
| (A) Minor traffic or ordinance violations, $10.
| 6 |
| (B) When court appearance required, $15.
| 7 |
| (3) In ordinance violation cases punishable by fine | 8 |
| only, the clerk
of the circuit court shall be entitled to | 9 |
| receive, unless the fee is
excused upon a finding by the | 10 |
| court that the defendant is indigent, in
addition to other | 11 |
| fees or costs allowed or imposed by law, the sum of a
| 12 |
| minimum of $50 and a maximum of $112.50
as a fee for the | 13 |
| services of a jury. The jury fee shall be paid by the
| 14 |
| defendant at the time of filing his or her jury demand. If | 15 |
| the fee is not
so paid by the defendant, no jury shall be | 16 |
| called, and the case shall be
tried by the court without a | 17 |
| jury.
| 18 |
| (x) Transcripts of Judgment.
| 19 |
| For the filing of a transcript of judgment, the clerk | 20 |
| shall be entitled
to the same fee as if it were the | 21 |
| commencement of new suit.
| 22 |
| (y) Change of Venue.
| 23 |
| (1) For the filing of a change of case on a change of | 24 |
| venue, the clerk
shall be entitled to the same fee as if it | 25 |
| were the commencement of a new suit.
| 26 |
| (2) The fee for the preparation and certification of a |
|
|
|
09600HB4002ham001 |
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LRB096 09872 AJO 27268 a |
|
| 1 |
| record on a
change of venue to another jurisdiction, when | 2 |
| original documents are
forwarded, a minimum of $25 and a | 3 |
| maximum of $40.
| 4 |
| (z) Tax objection complaints.
| 5 |
| For each tax objection complaint containing one or more | 6 |
| tax
objections, regardless of the number of parcels | 7 |
| involved
or the number of taxpayers joining in the | 8 |
| complaint, a minimum of $25
and a maximum of $50.
| 9 |
| (aa) Tax Deeds.
| 10 |
| (1) Petition for tax deed, if only one parcel is | 11 |
| involved, a minimum
of $150 and a maximum of $250.
| 12 |
| (2) For each additional parcel, add a fee of a minimum | 13 |
| of $50 and a
maximum of $100.
| 14 |
| (bb) Collections.
| 15 |
| (1) For all collections made of others, except the | 16 |
| State and county
and except in maintenance or child support | 17 |
| cases, a sum equal to a minimum
of 2.5% and a maximum of | 18 |
| 3.0% of the amount collected and turned over.
| 19 |
| (2) Interest earned on any funds held by the clerk | 20 |
| shall be turned
over to the county general fund as an | 21 |
| earning of the office.
| 22 |
| (3) For any check, draft, or other bank instrument | 23 |
| returned to the clerk
for non-sufficient funds, account | 24 |
| closed, or payment stopped, $25.
| 25 |
| (4) In child support and maintenance cases, the clerk, | 26 |
| if authorized by an
ordinance of the county board, may |
|
|
|
09600HB4002ham001 |
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|
| 1 |
| collect an annual fee of up to $36 from
the person making | 2 |
| payment for maintaining child support records and the
| 3 |
| processing of support orders to the State of Illinois KIDS | 4 |
| system and the
recording of payments issued by the State | 5 |
| Disbursement Unit for the official
record of the Court.
| 6 |
| This fee shall be in addition
to and separate from amounts | 7 |
| ordered to be paid as maintenance or child
support and | 8 |
| shall be deposited into a Separate Maintenance and Child | 9 |
| Support
Collection Fund, of which the clerk shall be the | 10 |
| custodian, ex-officio, to
be used by the clerk to maintain | 11 |
| child support orders and record all payments
issued by the | 12 |
| State Disbursement Unit for the official record of the | 13 |
| Court.
The clerk may recover from the person making the | 14 |
| maintenance or child support
payment any additional cost | 15 |
| incurred in the collection of this annual
fee.
| 16 |
| The clerk shall also be entitled to a fee of $5 for | 17 |
| certifications made
to the Secretary of State as provided | 18 |
| in Section 7-703 of the Family Financial
Responsibility Law | 19 |
| and these fees shall also be deposited into the Separate
| 20 |
| Maintenance and Child Support Collection Fund.
| 21 |
| (cc) Corrections of Numbers.
| 22 |
| For correction of the case number, case title, or | 23 |
| attorney computer
identification number, if required by | 24 |
| rule of court, on any document filed
in the clerk's office, | 25 |
| to be charged against the party that filed the
document, a | 26 |
| minimum of $15 and a maximum of $25.
|
|
|
|
09600HB4002ham001 |
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|
| 1 |
| (dd) Exceptions.
| 2 |
| The fee requirements of this Section shall not apply to | 3 |
| police
departments or other law enforcement agencies. In | 4 |
| this Section, "law
enforcement agency" means an agency of | 5 |
| the State or a unit of local
government which is vested by | 6 |
| law or ordinance with the duty to maintain
public order and | 7 |
| to enforce criminal laws or ordinances. "Law enforcement
| 8 |
| agency" also means the Attorney General or any state's | 9 |
| attorney.
The fee requirements of this Section shall not | 10 |
| apply to any action instituted
under subsection (b) of | 11 |
| Section 11-31-1 of the Illinois Municipal Code by a
private | 12 |
| owner or tenant of real property within 1200 feet of a | 13 |
| dangerous or
unsafe building seeking an order compelling | 14 |
| the owner or owners of the building
to take any of the | 15 |
| actions authorized under that subsection.
| 16 |
| The fee requirements of this Section shall not apply to | 17 |
| the filing of any
commitment petition or petition for an | 18 |
| order authorizing the administration of psychotropic | 19 |
| medication or electroconvulsive therapy under the Mental | 20 |
| Health and
Developmental Disabilities Code.
| 21 |
| (ee) Adoptions.
| 22 |
| (1) For an adoption ..............................$65
| 23 |
| (2) Upon good cause shown, the court may waive the | 24 |
| adoption filing fee in
a special needs adoption. The term | 25 |
| "special needs adoption" shall have the
meaning ascribed to | 26 |
| it by the Illinois Department of Children and Family
|
|
|
|
09600HB4002ham001 |
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LRB096 09872 AJO 27268 a |
|
| 1 |
| Services.
| 2 |
| (ff) Adoption exemptions.
| 3 |
| No fee other than that set forth in subsection (ee) | 4 |
| shall be charged to any
person in connection with an | 5 |
| adoption proceeding
nor may any fee be charged
for | 6 |
| proceedings for the
appointment of a confidential | 7 |
| intermediary under the Adoption Act.
| 8 |
| (gg) Unpaid fees.
| 9 |
| Unless a court ordered payment schedule is implemented | 10 |
| or the fee
requirements of this Section are waived pursuant | 11 |
| to court order, the clerk of
the court may add to any | 12 |
| unpaid fees and costs under this Section a delinquency
| 13 |
| amount equal to 5% of the unpaid fees that remain unpaid | 14 |
| after 30 days, 10% of
the unpaid fees that remain unpaid | 15 |
| after 60 days, and 15% of the unpaid fees
that remain | 16 |
| unpaid after 90 days. Notice to those parties may be made | 17 |
| by
signage posting or publication. The additional | 18 |
| delinquency amounts collected under this Section shall
be | 19 |
| used to defray additional administrative costs incurred by | 20 |
| the clerk of the
circuit court in collecting unpaid fees | 21 |
| and costs.
| 22 |
| (Source: P.A. 95-172, eff. 8-14-07.)
| 23 |
| (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
| 24 |
| Sec. 27.2a. The fees of the clerks of the circuit court in | 25 |
| all
counties having a population of 3,000,000 or more |
|
|
|
09600HB4002ham001 |
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LRB096 09872 AJO 27268 a |
|
| 1 |
| inhabitants in the
instances described in this Section shall be | 2 |
| as provided in this
Section. In those instances where a minimum | 3 |
| and maximum fee is stated, the
clerk of the circuit court must | 4 |
| charge the minimum fee listed
and may charge up to the maximum | 5 |
| fee if the county board has by resolution
increased the fee. | 6 |
| The 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 a minimum
of $190 and a maximum of | 11 |
| $240.
| 12 |
| (A) When the amount of money or damages or the | 13 |
| value of personal
property claimed does not exceed | 14 |
| $250, a minimum of $15 and a maximum of
$22.
| 15 |
| (B) When that amount exceeds $250 but does not | 16 |
| exceed $1000, a minimum
of $40 and a maximum of $75.
| 17 |
| (C) When that amount exceeds $1000 but does not | 18 |
| exceed $2500, a
minimum of $50 and a maximum of $80.
| 19 |
| (D) When that amount exceeds $2500 but does not | 20 |
| exceed $5000, a
minimum of $100 and a maximum of $130.
| 21 |
| (E) When that amount exceeds $5000 but does not | 22 |
| exceed $15,000, $150.
| 23 |
| (F) For the exercise of eminent domain, $150. For | 24 |
| each additional
lot or tract of land or right or | 25 |
| interest therein subject to be condemned,
the damages | 26 |
| in respect to which shall require separate assessment |
|
|
|
09600HB4002ham001 |
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LRB096 09872 AJO 27268 a |
|
| 1 |
| by a jury,
$150.
| 2 |
| (G) For the final determination of parking, | 3 |
| standing, and compliance
violations and final | 4 |
| administrative decisions issued after hearings | 5 |
| regarding
vehicle immobilization and impoundment made | 6 |
| pursuant to Sections 3-704.1,
6-306.5, and 11-208.3 of | 7 |
| the Illinois Vehicle Code, $25.
| 8 |
| (H) No fees shall be charged by the clerk to a | 9 |
| petitioner in any
order
of
protection including, but | 10 |
| not limited to, filing, modifying, withdrawing,
| 11 |
| certifying, or
photocopying petitions for orders of | 12 |
| protection, or for issuing alias summons,
or for any
| 13 |
| related filing service, certifying, modifying, | 14 |
| vacating, or
photocopying any
orders of protection.
| 15 |
| (b) Forcible Entry and Detainer.
| 16 |
| In each forcible entry and detainer case when the | 17 |
| plaintiff seeks
possession only or unites with his or her | 18 |
| claim for possession of the property
a claim for rent or | 19 |
| damages or both in the amount of $15,000 or less, a
minimum | 20 |
| of $75 and a maximum of $140.
When the plaintiff unites his | 21 |
| or her claim for possession with a claim for
rent or | 22 |
| damages or both exceeding $15,000, a minimum of $225 and a
| 23 |
| maximum of
$335.
| 24 |
| (c) Counterclaim or Joining Third Party Defendant.
| 25 |
| When any defendant files a counterclaim as part of his | 26 |
| or her answer or
otherwise or joins another party as a |
|
|
|
09600HB4002ham001 |
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LRB096 09872 AJO 27268 a |
|
| 1 |
| third party defendant, or both, the
defendant shall pay a | 2 |
| fee for each counterclaim or third party action in an
| 3 |
| amount equal to the fee he or she would have had to pay had | 4 |
| he or she
brought a separate action for the relief sought | 5 |
| in the counterclaim or
against the third party defendant, | 6 |
| less the amount of the appearance fee,
if that has been | 7 |
| paid.
| 8 |
| (d) Confession of Judgment.
| 9 |
| In a confession of judgment when the amount does not | 10 |
| exceed $1500, a
minimum of $60 and a maximum of $70.
When | 11 |
| the amount exceeds $1500, but does not exceed $5000, a | 12 |
| minimum of $75
and a maximum of $150.
When the
amount | 13 |
| exceeds $5000, but does not exceed $15,000, a minimum of | 14 |
| $175 and
a
maximum of $260. When the
amount
exceeds | 15 |
| $15,000, a minimum of $250 and a maximum of $310.
| 16 |
| (e) Appearance.
| 17 |
| The fee for filing an appearance in each civil case | 18 |
| shall be a minimum
of
$75 and a maximum of $110,
except as | 19 |
| follows:
| 20 |
| (A) When the plaintiff in a forcible entry and | 21 |
| detainer case seeks
possession only, a minimum of $40 | 22 |
| and a maximum of $80.
| 23 |
| (B) When the amount in the case does not exceed | 24 |
| $1500, a minimum of
$40 and a maximum of $80.
| 25 |
| (C) When that amount exceeds $1500 but does not | 26 |
| exceed $15,000, a
minimum of $60 and a maximum of $90.
|
|
|
|
09600HB4002ham001 |
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LRB096 09872 AJO 27268 a |
|
| 1 |
| (f) Garnishment, Wage Deduction, and Citation.
| 2 |
| In garnishment affidavit, wage deduction affidavit, | 3 |
| and citation
petition when the amount does not exceed | 4 |
| $1,000, a minimum of $15 and a
maximum of $25; when the
| 5 |
| amount
exceeds $1,000 but does not exceed $5,000, a minimum | 6 |
| of $30 and a maximum
of
$45; and when the amount
exceeds
| 7 |
| $5,000, a minimum of $50 and a maximum of $80.
| 8 |
| (g) Petition to Vacate
or Modify.
| 9 |
| (1) Petition to vacate
or modify any final judgment or | 10 |
| order of court,
except in forcible entry and detainer cases | 11 |
| and small claims cases or a
petition to reopen an estate, | 12 |
| to modify, terminate, or enforce a
judgment or order for | 13 |
| child or spousal support, or to modify, suspend, or
| 14 |
| terminate an order for withholding, if filed before 30 days | 15 |
| after the entry
of the judgment or order, a minimum of $50 | 16 |
| and a maximum of $60.
| 17 |
| (2) Petition to vacate
or modify any final judgment
or | 18 |
| order of court, except a petition to modify, terminate, or | 19 |
| enforce a
judgment or order for child or spousal support or | 20 |
| to modify, suspend, or
terminate an order for withholding, | 21 |
| if filed later than 30 days
after the entry of the judgment | 22 |
| or order, a minimum of $75 and a maximum
of
$90.
| 23 |
| (3) Petition to vacate order of bond forfeiture, a | 24 |
| minimum of $40
and a
maximum of $80.
| 25 |
| (h) Mailing.
| 26 |
| When the clerk is required to mail, the fee will be a |
|
|
|
09600HB4002ham001 |
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LRB096 09872 AJO 27268 a |
|
| 1 |
| minimum of $10
and
a maximum of $15,
plus the cost of | 2 |
| postage.
| 3 |
| (i) Certified Copies.
| 4 |
| Each certified copy of a judgment after the first, | 5 |
| except in small
claims and forcible entry and detainer | 6 |
| cases, a minimum of $15 and a
maximum
of $20.
| 7 |
| (j) Habeas Corpus.
| 8 |
| For filing a petition for relief by habeas corpus, a | 9 |
| minimum of $125
and
a maximum of $190.
| 10 |
| (k) Certification, Authentication, and Reproduction.
| 11 |
| (1) Each certification or authentication for taking | 12 |
| the acknowledgment
of a deed or other instrument in writing | 13 |
| with the seal of office, a minimum
of $6 and a maximum of | 14 |
| $9.
| 15 |
| (2) Court appeals when original documents are | 16 |
| forwarded, under 100 pages,
plus delivery and costs, a | 17 |
| minimum of $75 and a maximum of $110.
| 18 |
| (3) Court appeals when original documents are | 19 |
| forwarded, over 100 pages,
plus delivery and costs, a | 20 |
| minimum of $150 and a maximum of $185.
| 21 |
| (4) Court appeals when original documents are | 22 |
| forwarded, over 200
pages, an additional fee of a minimum | 23 |
| of 25 and a maximum of 30 cents
per
page.
| 24 |
| (5) For reproduction of any document contained in the | 25 |
| clerk's files:
| 26 |
| (A) First page, $2.
|
|
|
|
09600HB4002ham001 |
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LRB096 09872 AJO 27268 a |
|
| 1 |
| (B) Next 19 pages, 50 cents per page.
| 2 |
| (C) All remaining pages, 25 cents per page.
| 3 |
| (l) Remands.
| 4 |
| In any cases remanded to the Circuit Court from the | 5 |
| Supreme Court
or the Appellate Court for a new trial, the | 6 |
| clerk shall file the
remanding order and reinstate the case | 7 |
| with either its original number or a new
number. The Clerk
| 8 |
| shall not charge any new or additional fee for the | 9 |
| reinstatement. Upon
reinstatement the Clerk shall advise | 10 |
| the parties of the reinstatement. A
party shall have the | 11 |
| same right to a jury trial on remand and reinstatement
as | 12 |
| he or she had before the appeal, and no additional or new | 13 |
| fee or charge
shall be made for a jury trial after remand.
| 14 |
| (m) Record Search.
| 15 |
| For each record search, within a division or municipal | 16 |
| district, the
clerk shall be entitled to a search fee of a | 17 |
| minimum of $6 and a maximum
of
$9 for each year
searched.
| 18 |
| (n) Hard Copy.
| 19 |
| For each page of hard copy print output, when case | 20 |
| records are
maintained on an automated medium, the clerk | 21 |
| shall be entitled to a fee of
a minimum of $6 and a maximum | 22 |
| of $9.
| 23 |
| (o) Index Inquiry and Other Records.
| 24 |
| No fee shall be charged for a single | 25 |
| plaintiff/defendant index inquiry
or single case record | 26 |
| inquiry when this request is made in person and the
records |
|
|
|
09600HB4002ham001 |
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LRB096 09872 AJO 27268 a |
|
| 1 |
| are maintained in a current automated medium, and when no | 2 |
| hard copy
print output is requested. The fees to be charged | 3 |
| for management records,
multiple case records, and | 4 |
| multiple journal records may be specified by the
Chief | 5 |
| Judge pursuant to the guidelines for access and | 6 |
| dissemination of
information approved by the Supreme | 7 |
| Court.
| 8 |
| (p) (Blank).
| 9 |
| (q) Alias Summons.
| 10 |
| For each alias summons or citation issued by the clerk, | 11 |
| a minimum of $5
and a maximum of $6.
| 12 |
| (r) Other Fees.
| 13 |
| Any fees not covered in this Section shall be set by | 14 |
| rule or
administrative order of the Circuit Court with the | 15 |
| approval of the
Administrative Office of the Illinois | 16 |
| Courts.
| 17 |
| The clerk of the circuit court may provide additional | 18 |
| services for
which there is no fee specified by statute in | 19 |
| connection with the operation
of the clerk's office as may | 20 |
| be requested by the public and agreed to by
the clerk and | 21 |
| approved by the chief judge of the circuit court. Any
| 22 |
| charges for additional services shall be as agreed to
| 23 |
| between the clerk and the party making the request and | 24 |
| approved by the
chief judge of the circuit court. Nothing | 25 |
| in this
subsection shall be construed to require any clerk | 26 |
| to provide any service
not otherwise required by law.
|
|
|
|
09600HB4002ham001 |
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LRB096 09872 AJO 27268 a |
|
| 1 |
| (s) (Blank). Jury Services.
| 2 |
| The clerk shall be entitled to receive, in
addition to | 3 |
| other fees allowed by law, the sum of a minimum of $212.50
| 4 |
| and
maximum of $230, as a
fee for the
services of a jury in | 5 |
| every civil action not quasi-criminal in its
nature and not | 6 |
| a proceeding for the exercise of the right of eminent
| 7 |
| domain and in every other action wherein the right of trial | 8 |
| by jury
is or may be given by law. The jury fee shall be | 9 |
| paid by the party
demanding a jury at the time of filing | 10 |
| the jury demand. If the fee is
not paid by either party, no | 11 |
| jury shall be called in the action or
proceeding, and the | 12 |
| same shall be tried by the court without a jury.
| 13 |
| (t) Voluntary Assignment.
| 14 |
| For filing each deed of voluntary assignment, a minimum | 15 |
| of $20 and a
maximum of $40; for
recording
the same, a | 16 |
| minimum of 50˘ and a maximum of $0.80 for each 100 words.
| 17 |
| Exceptions filed to claims
presented
to an assignee of a | 18 |
| debtor who has made a voluntary assignment for the
benefit | 19 |
| of creditors shall be considered and treated, for the | 20 |
| purpose of
taxing costs therein, as actions in which the | 21 |
| party or parties filing
the exceptions shall be considered | 22 |
| as party or parties plaintiff, and
the claimant or | 23 |
| claimants as party or parties defendant, and those
parties | 24 |
| respectively shall pay to the clerk the same fees
as | 25 |
| provided by this Section to be paid in other actions.
| 26 |
| (u) Expungement Petition.
|
|
|
|
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| The clerk shall be entitled to receive a fee of a | 2 |
| minimum of $60 and
a
maximum of $120 for each
expungement | 3 |
| petition filed and an additional fee of a minimum of $4 and | 4 |
| a
maximum of $8 for each
certified
copy of an order to | 5 |
| expunge arrest records.
| 6 |
| (v) Probate.
| 7 |
| The clerk is entitled to receive the fees
specified in | 8 |
| this subsection (v), which shall be paid in advance,
except | 9 |
| that, for good cause shown, the court may suspend, reduce, | 10 |
| or
release the costs payable under this subsection:
| 11 |
| (1) For administration of the estate of a decedent | 12 |
| (whether testate
or intestate) or of a missing person, a | 13 |
| minimum of $150 and a maximum of
$225, plus the fees
| 14 |
| specified in
subsection (v)(3), except:
| 15 |
| (A) When the value of the real and personal | 16 |
| property does not exceed
$15,000, the fee shall be a | 17 |
| minimum of $40 and a maximum of $65.
| 18 |
| (B) When (i) proof of heirship alone is made, (ii) | 19 |
| a domestic or
foreign will is admitted to probate | 20 |
| without administration (including
proof of heirship), | 21 |
| or (iii) letters of office are issued for a particular
| 22 |
| purpose without administration of the estate, the fee | 23 |
| shall be a minimum of
$40 and a maximum of $65.
| 24 |
| (2) For administration of the estate of a ward, a | 25 |
| minimum of $75 and
a
maximum of $110,
plus the fees | 26 |
| specified in subsection (v)(3), except:
|
|
|
|
09600HB4002ham001 |
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| 1 |
| (A) When the value of the real and personal | 2 |
| property does not exceed
$15,000, the fee shall be a | 3 |
| minimum of $40 and a maximum of $65.
| 4 |
| (B) When (i) letters of office are issued to a | 5 |
| guardian of the person
or persons,
but not of the | 6 |
| estate or (ii) letters of office are issued in the | 7 |
| estate of
a ward without administration of the estate, | 8 |
| including filing or joining in
the filing of a tax | 9 |
| return or releasing a mortgage or consenting to the
| 10 |
| marriage of the ward, the fee shall be a minimum of $20 | 11 |
| and a maximum of
$40.
| 12 |
| (3) In addition to the fees payable under subsection | 13 |
| (v)(1) or
(v)(2) of this Section, the following fees are | 14 |
| payable:
| 15 |
| (A) For each account (other than one final account) | 16 |
| filed in the
estate of a decedent, or ward, a minimum | 17 |
| of $25 and a maximum of $40.
| 18 |
| (B) For filing a claim in an estate when the amount | 19 |
| claimed is $150
or more but less than $500, a minimum | 20 |
| of $20 and a maximum of $40; when
the
amount claimed is | 21 |
| $500 or
more but less than $10,000, a minimum of $40 | 22 |
| and a maximum of $65; when
the
amount claimed is | 23 |
| $10,000
or more,
a minimum of $60 and a maximum of $90; | 24 |
| provided that the court in
allowing
a claim may add to | 25 |
| the
amount allowed
the filing fee paid by the claimant.
| 26 |
| (C) For filing in an estate a claim, petition, or |
|
|
|
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| 1 |
| supplemental
proceeding based upon an action seeking | 2 |
| equitable relief including the
construction or contest | 3 |
| of a will, enforcement of a contract to make a
will, | 4 |
| and proceedings involving testamentary trusts or the | 5 |
| appointment of
testamentary trustees, a minimum of $60 | 6 |
| and a maximum of $90.
| 7 |
| (D) For filing in an estate (i) the appearance of | 8 |
| any person for the
purpose of consent or (ii) the | 9 |
| appearance of an executor, administrator,
| 10 |
| administrator to collect, guardian, guardian ad litem, | 11 |
| or special
administrator, no fee.
| 12 |
| (E) Except as provided in subsection (v)(3)(D), | 13 |
| for filing the
appearance of any person or persons, a | 14 |
| minimum of $30 and a maximum of
$90.
| 15 |
| (F) (Blank). For each jury demand, a minimum of | 16 |
| $137.50 and a maximum of
$180.
| 17 |
| (G) For disposition of the collection of a judgment | 18 |
| or settlement of
an action or claim for wrongful death | 19 |
| of a decedent or of any cause of
action of a ward, when | 20 |
| there is no other administration
of the estate, a | 21 |
| minimum of $50 and a maximum of $80, less any amount
| 22 |
| paid
under subsection (v)(1)(B)
or (v)(2)(B) except | 23 |
| that if the amount involved does not exceed
$5,000, the | 24 |
| fee, including any amount paid under subsection
| 25 |
| (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a | 26 |
| maximum of $40.
|
|
|
|
09600HB4002ham001 |
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| (H) For each certified copy of letters of office, | 2 |
| of court order or
other certification, a minimum of $2 | 3 |
| and a maximum of $4, plus $1 per
page
in excess
of 3 | 4 |
| pages for the document certified.
| 5 |
| (I) For each exemplification, $2, plus the fee for | 6 |
| certification.
| 7 |
| (4) The executor, administrator, guardian, petitioner,
| 8 |
| or other interested person or his or her attorney shall pay | 9 |
| the cost of
publication by the clerk directly to the | 10 |
| newspaper.
| 11 |
| (5) The person on whose behalf a charge is incurred for | 12 |
| witness,
court reporter, appraiser, or other miscellaneous | 13 |
| fee shall pay the same
directly to the person entitled | 14 |
| thereto.
| 15 |
| (6) The executor, administrator, guardian, petitioner, | 16 |
| or other
interested person or his or her attorney shall pay | 17 |
| to the clerk all postage
charges incurred by the clerk in | 18 |
| mailing petitions, orders, notices, or
other documents | 19 |
| pursuant to the provisions of the Probate Act of 1975.
| 20 |
| (w) Criminal and Quasi-Criminal Costs and Fees.
| 21 |
| (1) The clerk shall be entitled to costs in all | 22 |
| criminal
and quasi-criminal cases from each person | 23 |
| convicted or sentenced to
supervision therein as follows:
| 24 |
| (A) Felony complaints, a minimum of $125 and a | 25 |
| maximum of $190.
| 26 |
| (B) Misdemeanor complaints, a minimum of $75 and a |
|
|
|
09600HB4002ham001 |
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| 1 |
| maximum of
$110.
| 2 |
| (C) Business offense complaints, a minimum of $75 | 3 |
| and a maximum of
$110.
| 4 |
| (D) Petty offense complaints, a minimum of $75 and | 5 |
| a maximum of
$110.
| 6 |
| (E) Minor traffic or ordinance violations, $30.
| 7 |
| (F) When court appearance required, $50.
| 8 |
| (G) Motions to vacate or amend final orders, a | 9 |
| minimum of $40 and
a
maximum of $80.
| 10 |
| (H) Motions to vacate bond forfeiture orders, a | 11 |
| minimum of $30 and
a
maximum of $45.
| 12 |
| (I) Motions to vacate ex parte judgments, whenever | 13 |
| filed, a minimum
of
$30 and a maximum of $45.
| 14 |
| (J) Motions to vacate judgment on forfeitures, | 15 |
| whenever filed, a
minimum of $25 and a maximum of $30.
| 16 |
| (K) Motions to vacate "failure to appear" or | 17 |
| "failure to comply"
notices sent to the Secretary of | 18 |
| State, a minimum of $40 and a maximum of
$50.
| 19 |
| (2) In counties having a population of 3,000,000 or | 20 |
| more,
when the violation complaint is issued by a municipal
| 21 |
| police department, the clerk shall be entitled to costs | 22 |
| from each person
convicted therein as follows:
| 23 |
| (A) Minor traffic or ordinance violations, $30.
| 24 |
| (B) When court appearance required, $50.
| 25 |
| (3) (Blank). In ordinance violation cases punishable | 26 |
| by fine only, the clerk
of the circuit court shall be |
|
|
|
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| 1 |
| entitled to receive, unless the fee is
excused upon a | 2 |
| finding by the court that the defendant is indigent, in
| 3 |
| addition to other fees or costs allowed or imposed by law, | 4 |
| the sum of a
minimum of
$112.50 and a maximum of $250
as a | 5 |
| fee for the services of a jury. The jury fee shall be paid | 6 |
| by the
defendant at the time of filing his or her jury | 7 |
| demand. If the fee is not
so paid by the defendant, no jury | 8 |
| shall be called, and the case shall be
tried by the court | 9 |
| without a jury.
| 10 |
| (x) Transcripts of Judgment.
| 11 |
| For the filing of a transcript of judgment, the clerk | 12 |
| shall be entitled
to the same fee as if it were the | 13 |
| commencement of a new suit.
| 14 |
| (y) Change of Venue.
| 15 |
| (1) For the filing of a change of case on a change of | 16 |
| venue, the clerk
shall be entitled to the same fee as if it | 17 |
| were the commencement of a new suit.
| 18 |
| (2) The fee for the preparation and certification of a | 19 |
| record on a
change of venue to another jurisdiction, when | 20 |
| original documents are
forwarded, a minimum of $40 and a | 21 |
| maximum of $65.
| 22 |
| (z) Tax objection complaints.
| 23 |
| For each tax objection complaint containing one or more | 24 |
| tax
objections, regardless of the number of parcels | 25 |
| involved or the number of
taxpayers joining in the | 26 |
| complaint, a minimum of $50 and a maximum of
$100.
|
|
|
|
09600HB4002ham001 |
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| 1 |
| (aa) Tax Deeds.
| 2 |
| (1) Petition for tax deed, if only one parcel is | 3 |
| involved, a minimum
of
$250 and a maximum of $400.
| 4 |
| (2) For each additional parcel, add a fee of a minimum | 5 |
| of $100 and a
maximum of $200.
| 6 |
| (bb) Collections.
| 7 |
| (1) For all collections made of others, except the | 8 |
| State and county
and except in maintenance or child support | 9 |
| cases, a sum equal to 3.0% of
the amount collected and | 10 |
| turned over.
| 11 |
| (2) Interest earned on any funds held by the clerk | 12 |
| shall be turned
over to the county general fund as an | 13 |
| earning of the office.
| 14 |
| (3) For any check, draft, or other bank instrument | 15 |
| returned to the
clerk for non-sufficient funds, account | 16 |
| closed, or payment stopped, $25.
| 17 |
| (4) In child support and maintenance cases, the clerk, | 18 |
| if authorized by an
ordinance of the county board, may | 19 |
| collect an annual fee of up to $36 from
the person making | 20 |
| payment for maintaining child support records and the
| 21 |
| processing of support orders to the State of Illinois KIDS | 22 |
| system and the
recording of payments issued by the State | 23 |
| Disbursement Unit for the official
record of the Court. | 24 |
| This fee shall be in addition
to and separate from amounts | 25 |
| ordered to be paid as maintenance or child
support and | 26 |
| shall be deposited into a Separate Maintenance and Child |
|
|
|
09600HB4002ham001 |
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| 1 |
| Support
Collection Fund, of which the clerk shall be the | 2 |
| custodian, ex-officio, to
be used by the clerk to maintain | 3 |
| child support orders and record all payments
issued by the | 4 |
| State Disbursement Unit for the official record of the | 5 |
| Court.
The clerk may recover from the person making the | 6 |
| maintenance or child
support payment any additional cost | 7 |
| incurred in the collection of this annual
fee.
| 8 |
| The clerk shall also be entitled to a fee of $5 for | 9 |
| certifications made
to the Secretary of State as provided | 10 |
| in Section 7-703 of the Family
Financial Responsibility Law | 11 |
| and these fees shall also be deposited into the
Separate | 12 |
| Maintenance and Child Support Collection Fund.
| 13 |
| (cc) Corrections of Numbers.
| 14 |
| For correction of the case number, case title, or | 15 |
| attorney computer
identification number, if required by | 16 |
| rule of court, on any document filed
in the clerk's office, | 17 |
| to be charged against the party that filed the document,
a | 18 |
| minimum of $25 and a maximum of $40.
| 19 |
| (dd) Exceptions.
| 20 |
| (1) The fee requirements of this Section shall not | 21 |
| apply to police
departments or other law enforcement | 22 |
| agencies. In this Section, "law
enforcement agency" means | 23 |
| an agency of the State or a unit of local
government which | 24 |
| is vested by law or ordinance with the duty to maintain
| 25 |
| public order and to enforce criminal laws or ordinances. | 26 |
| "Law enforcement
agency" also means the Attorney General or |
|
|
|
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|
| 1 |
| any state's attorney.
| 2 |
| (2) No fee provided herein shall be charged to any unit | 3 |
| of
local government or school district.
The fee | 4 |
| requirements of this Section shall not apply to any action | 5 |
| instituted
under subsection (b) of Section 11-31-1 of the | 6 |
| Illinois Municipal Code by a
private owner or tenant of | 7 |
| real property within 1200 feet of a dangerous or
unsafe | 8 |
| building seeking an order compelling the owner or owners of | 9 |
| the building
to take any of the actions authorized under | 10 |
| that subsection.
| 11 |
| (3) The fee requirements of this Section shall not | 12 |
| apply to the filing
of any
commitment petition or petition | 13 |
| for an order authorizing the administration of | 14 |
| psychotropic medication or electroconvulsive therapy
under | 15 |
| the Mental Health and
Developmental Disabilities Code.
| 16 |
| (ee) Adoption.
| 17 |
| (1) For an adoption ..............................$65
| 18 |
| (2) Upon good cause shown, the court may waive the | 19 |
| adoption filing fee
in a special needs adoption. The term | 20 |
| "special needs adoption" shall have
the meaning ascribed to | 21 |
| it by the Illinois Department of Children and Family
| 22 |
| Services.
| 23 |
| (ff) Adoption exemptions.
| 24 |
| No fee other than that set forth in subsection (ee) | 25 |
| shall be charged to
any person in connection with an | 26 |
| adoption proceeding
nor may any fee be
charged for |
|
|
|
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| 1 |
| proceedings for
the appointment of a confidential | 2 |
| intermediary under the Adoption Act.
| 3 |
| (gg) Unpaid fees.
| 4 |
| Unless a court ordered payment schedule is implemented | 5 |
| or the fee
requirements of this Section are waived pursuant | 6 |
| to court order, the clerk of
the court may add to any | 7 |
| unpaid fees and costs under this Section a delinquency
| 8 |
| amount equal to 5% of the unpaid fees that remain unpaid | 9 |
| after 30 days, 10% of
the unpaid fees that remain unpaid | 10 |
| after 60 days, and 15% of the unpaid fees
that remain | 11 |
| unpaid after 90 days. Notice to those parties may be made | 12 |
| by
signage posting or publication. The additional | 13 |
| delinquency amounts collected under this Section shall
be | 14 |
| used to defray additional administrative costs incurred by | 15 |
| the clerk of the
circuit court in collecting unpaid fees | 16 |
| and costs.
| 17 |
| (Source: P.A. 95-172, eff. 8-14-07.)
| 18 |
| Section 15. The Jury Act is amended by changing
Sections | 19 |
| 4.1, 5, 8, 10.2, and 15 and adding Section 10.4 as
follows:
| 20 |
| (705 ILCS 305/4.1) (from Ch. 78, par. 4.1)
| 21 |
| Sec. 4.1. Jury duty; notice to employer; right to time off.
| 22 |
| (a) Any person who is not legally disqualified to serve on | 23 |
| juries, and has
been duly summoned for jury duty for either | 24 |
| petit or grand jury service,
shall not be required or requested |
|
|
|
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|
| 1 |
| to use annual, vacation, or sick leave for
time spent | 2 |
| responding to a summons for jury duty, time spent participating | 3 |
| in
the jury selection process, or time spent actually serving | 4 |
| on a jury
be given time off from employment to serve upon the | 5 |
| jury for which such
employee is summoned, regardless of the | 6 |
| employment shift such employee is
assigned to at the time of | 7 |
| service of such summons. An employee shall
give his employer | 8 |
| reasonable notice of required jury service. An employer
may not | 9 |
| deny an employee time off for jury duty because such employee | 10 |
| is
then assigned to work a night shift of employment, that is, | 11 |
| an employer
cannot require a night shift worker to work while | 12 |
| such employee is doing
jury duty in the daytime.
Nothing in | 13 |
| this subsection (a) shall be construed to require an employer | 14 |
| to
provide annual, vacation, or sick leave to employees under | 15 |
| the provisions of
this Section who otherwise are not entitled | 16 |
| to such benefits under company
policies.
| 17 |
| (b) No employer shall discharge, threaten to discharge, | 18 |
| intimidate or
coerce any employee by reason of the employee's | 19 |
| jury service, or the
attendance or scheduled attendance in | 20 |
| connection with such service, in any
court of this State.
| 21 |
| (c) If an employee gives reasonable notice of required jury | 22 |
| service, any
employer who violates the provisions of this | 23 |
| Section:
| 24 |
| (1) may be charged with contempt of court. In such an | 25 |
| event, the
State's Attorney shall file a petition for civil | 26 |
| contempt, criminal
contempt, or both, against the employer |
|
|
|
09600HB4002ham001 |
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|
| 1 |
| to be prosecuted by the State's
Attorney; and
| 2 |
| (2) shall be liable for damages for any loss of wages | 3 |
| or other
benefits suffered by an employee by reason of the | 4 |
| violation; and
| 5 |
| (3) may be enjoined from further violations of this
| 6 |
| Section and ordered to reinstate any employee discharged
by | 7 |
| reason of jury service.
| 8 |
| As used in this Section, "reasonable notice of required | 9 |
| jury service"
means that the employee summoned for jury duty | 10 |
| must deliver to the employer
a copy of the summons within 10 | 11 |
| days of the date of issuance of the summons
to the employee.
| 12 |
| (d) Any individual who is reinstated to a position of | 13 |
| employment in
accordance with this Section shall be considered | 14 |
| as having been on furlough or
leave of absence during his | 15 |
| period of jury service, shall be reinstated to
his position of | 16 |
| employment without loss of seniority, and shall be entitled
to | 17 |
| participate in insurance or other benefits offered by the | 18 |
| employer under
established rules and practices relating to | 19 |
| employees on furlough or leave
of absence in effect with the | 20 |
| employer at the time the individual entered
upon jury service.
| 21 |
| (e) In any action or proceeding under this Section, the | 22 |
| court may award
a prevailing employee who brings the action by | 23 |
| retained counsel a
reasonable attorney's fee.
| 24 |
| (f) Any right or remedy provided in this Section is in | 25 |
| addition to any
right or remedy otherwise provided by law to an | 26 |
| employee.
|
|
|
|
09600HB4002ham001 |
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| 1 |
| (g) No employer shall be obligated to compensate an | 2 |
| employee for time
taken off for jury duty.
| 3 |
| (g-5) A court shall automatically postpone and reschedule | 4 |
| the service of a
summoned juror employed by an employer with 5 | 5 |
| or fewer full-time employees, or
the
equivalent, if another | 6 |
| employee of that employer is summoned to appear during
the same | 7 |
| period. The postponement will not constitute the excused
| 8 |
| individual's right to one automatic postponement pursuant to | 9 |
| Section 10.4 of
this Act.
| 10 |
| (h) The official responsible for issuing the summons may | 11 |
| advise
the
juror of his rights under this Act by printed insert | 12 |
| with the summons or on
the summons itself.
| 13 |
| (Source: P.A. 86-1395; 87-616.)
| 14 |
| (705 ILCS 305/5) (from Ch. 78, par. 5)
| 15 |
| Sec. 5. Subsequent selection of jurors; length of
service.
| 16 |
| (a) At the time of making such selection, the name of the
| 17 |
| person selected shall be checked off from such list, and shall
| 18 |
| not be again selected as a juror till every person named upon
| 19 |
| such list qualified to serve as a juror has been selected; and
| 20 |
| all subsequent selections of jurors by such board shall be made
| 21 |
| from such list until all persons thereon qualified to serve | 22 |
| have
been selected, or until a new list is made: Provided, if | 23 |
| any
person who has been selected as a juror shall not have been
| 24 |
| drawn, or have served upon a jury during the year for which he
| 25 |
| was selected, he shall, if qualified, be selected for the next
|
|
|
|
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| 1 |
| year.
| 2 |
| (b) In counties with populations greater than 100,000, | 3 |
| service of
prospective petit jurors shall be for no more than | 4 |
| one
court day in actual attendance, unless a prospective petit | 5 |
| juror is selected to
serve on a jury or is under consideration | 6 |
| to serve on a jury and such
consideration covers a period of 2 | 7 |
| or more days. Once selected, a petit
juror shall serve on the | 8 |
| jury for the duration of the trial unless excused by
the | 9 |
| presiding judge.
| 10 |
| (Source: P.A. 86-1053.)
| 11 |
| (705 ILCS 305/8) (from Ch. 78, par. 8)
| 12 |
| Sec. 8. Selection from box.
| 13 |
| (a) Upon a day designated by the judge of the court,
which | 14 |
| shall be at least 20 days before the first day for which
any of | 15 |
| the panel then to be drawn is summoned, the clerk of such
court | 16 |
| shall repair to the office of the county clerk, and in the
| 17 |
| presence of a judge and of such county clerk, after the box
| 18 |
| containing the names has been well shaken by the county clerk,
| 19 |
| and being blindfolded shall, without partiality, draw from such
| 20 |
| box the names of a sufficient number of such persons, then
| 21 |
| residents of the county, not less than 30 for each 2 weeks that
| 22 |
| such court will probably be in session for the trial of common
| 23 |
| law cases, to constitute the petit jurors for the time being | 24 |
| and
where there is an additional judge in such court, a like | 25 |
| number
for each additional judge requiring a jury, unless the |
|
|
|
09600HB4002ham001 |
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|
| 1 |
| court
shall otherwise order: Provided, that the clerk shall at | 2 |
| any
time, when directed by an order of the court draw in the | 3 |
| manner
above provided, such number of persons then residents of | 4 |
| the
county, as shall be required by the order to act as petit | 5 |
| jurors
in such court for such time as may be fixed in such | 6 |
| order: And
provided, that should the clerk draw from the box | 7 |
| the name of a
person who is known to be dead, to have been | 8 |
| selected as a grand
juror, a non-resident, absent from the | 9 |
| State, unable to attend
in consequence of illness, or that he | 10 |
| is legally disqualified to
serve as a juror, the clerk shall | 11 |
| report the name of such person
to the county clerk, and the | 12 |
| clerk of such court shall draw
other names until the required | 13 |
| number have been selected:
Provided, also that whenever there | 14 |
| is pending for trial in any
of the courts, any criminal cause | 15 |
| wherein the defendant is
charged with a felony, and the judge | 16 |
| holding such court is
convinced from the circumstances of the | 17 |
| case that a jury cannot
be obtained from the regular panel to | 18 |
| try the cause, the judge
may in his discretion, prior to the | 19 |
| day fixed for the trial of
the cause, direct the clerk to draw | 20 |
| (in the same manner as the
regular panel is drawn,) not | 21 |
| exceeding 100 names as a special
panel from which a jury may be | 22 |
| selected to try the cause.
| 23 |
| (b) Notwithstanding the provisions of subsection (a),
| 24 |
| names of jurors may be randomly drawn by computer.
| 25 |
| (Source: P.A. 86-1053.)
|
|
|
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| 1 |
| (705 ILCS 305/10.2) (from Ch. 78, par. 10.2)
| 2 |
| Sec. 10.2. Excusing prospective jurors; hardship.
| 3 |
| (a) An individual may apply to be excused from jury
service | 4 |
| for a period of up to 24 months, instead of seeking a
| 5 |
| postponement, when either:
The county boards of the respective
| 6 |
| counties, the jury commissioners for those counties which have
| 7 |
| been appointed under the Jury Commission Act, or a jury
| 8 |
| administrator shall submit questionnaires to prospective | 9 |
| jurors
to inquire as to their qualifications for jury service | 10 |
| and as to
the hardship that jury service would pose to the | 11 |
| prospective
jurors. Upon prior approval by the chief judge of | 12 |
| the judicial
circuits in which a county board, jury | 13 |
| administrator, or jury
commissioners are situated, the county | 14 |
| board, jury
administrator, or jury commissioners shall excuse a | 15 |
| prospective
juror from jury service if the prospective juror | 16 |
| shows that such
service would impose an undue hardship on | 17 |
| account of the nature
of the prospective juror's occupation, | 18 |
| business affairs,
physical health, family situation, active | 19 |
| duty in the Illinois
National Guard or Illinois Naval Militia, | 20 |
| or other personal
affairs, and cause his or her name to be | 21 |
| returned to the jury
list or general jury list.
| 22 |
| (1) The prospective juror has a mental or physical
| 23 |
| condition that causes him or her to be incapable of | 24 |
| performing
jury service. The juror, or the juror's personal
| 25 |
| representative, must provide the court with documentation | 26 |
| from a
physician licensed to practice medicine in all its |
|
|
|
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| 1 |
| branches verifying that a
mental
or physical condition | 2 |
| renders the person unfit for jury service
for a period of | 3 |
| not less than the 24 month period for which the
excuse is | 4 |
| sought; or
| 5 |
| (2) Jury service would otherwise cause undue
or extreme | 6 |
| physical or financial hardship to the
prospective juror or | 7 |
| a person under his or her care or
supervision. A judge of | 8 |
| the court for which the
individual was called to jury | 9 |
| service shall make determinations regarding undue
or | 10 |
| extreme physical or financial hardship. The authority to | 11 |
| make these
determinations is delegable only to court | 12 |
| officials or
personnel who are authorized by the laws of | 13 |
| this State
to function as members of the judiciary.
| 14 |
| (b) A person asking to be excused from jury
service under | 15 |
| this Section must take all actions
necessary to have obtained a | 16 |
| ruling on that request by
no later than the date on which the | 17 |
| individual is
scheduled to appear for jury duty.
| 18 |
| (c) For purposes of this Section, "undue or
extreme | 19 |
| physical or financial hardship" is limited to
circumstances in | 20 |
| which an individual would:
| 21 |
| (1) Be required to abandon a person under his
or her | 22 |
| personal care or supervision due to the
impossibility of | 23 |
| obtaining an appropriate substitute
caregiver during the | 24 |
| period of participation in the
jury pool or on the jury; or
| 25 |
| (2) Incur costs that would have a substantial
adverse | 26 |
| impact on the payment of the individual's
necessary daily |
|
|
|
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| 1 |
| living expenses or on those for whom he
or she provides the | 2 |
| principal means of support; or
| 3 |
| (3) Suffer physical hardship that would result
in | 4 |
| illness or disease.
| 5 |
| "Undue or extreme physical or financial
hardship" does not | 6 |
| exist solely based on the fact that
a prospective juror will be | 7 |
| required to be absent from
his or her place of employment.
| 8 |
| A person asking a judge to grant an excuse
based on "undue | 9 |
| or extreme physical or financial
hardship" shall be required to | 10 |
| provide the judge with
documentation, such as, but not limited | 11 |
| to, federal and
State income tax returns, medical statements | 12 |
| from
licensed physicians, proof of dependency or
guardianship, | 13 |
| and similar documents, which the judge
finds to clearly support | 14 |
| the request to be excused.
Failure to provide satisfactory | 15 |
| documentation shall
result in a denial of the request to be | 16 |
| excused.
| 17 |
| (d) After 24 months, a person excused from jury
service | 18 |
| shall become eligible once again for
qualification as a juror | 19 |
| unless the person was excused
from service permanently. A | 20 |
| person is excused from
jury service permanently only when the | 21 |
| judge
determines that the underlying grounds for being
excused | 22 |
| are of a permanent nature.
| 23 |
| (e)
(b) When an undue hardship caused by a family
situation | 24 |
| is due to the prospective juror being the
primary care giver of | 25 |
| a person with a mental or
physical disability, a person with a | 26 |
| medically
diagnosed behavior problem, or a child under age 12,
|
|
|
|
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| 1 |
| then the county board, jury commissioners or jury
administrator | 2 |
| shall excuse such a prospective juror, if
it finds that no | 3 |
| reasonable alternative care is
feasible which would not impose | 4 |
| an undue hardship on
the prospective juror or the person for | 5 |
| whom the
prospective juror is providing care, or both.
| 6 |
| (Source: P.A. 90-482, eff. 1-1-98; 91-264, eff. 7-23-99.)
| 7 |
| (705 ILCS 305/10.4 new)
| 8 |
| Sec. 10.4. Postponement of jury service.
| 9 |
| (a) Notwithstanding Section 10.2 or any other
provision of | 10 |
| this Act, individuals scheduled to appear
for jury service have | 11 |
| the right to postpone the date of
their initial appearance for | 12 |
| jury service one time
only. When requested, postponements shall | 13 |
| be granted,
provided that:
| 14 |
| (1) The juror has not previously been granted a
| 15 |
| postponement;
| 16 |
| (2) The prospective juror appears in person or
contacts | 17 |
| the clerk of the court by telephone,
electronic mail, or in | 18 |
| writing to request a
postponement; and
| 19 |
| (3) Prior to the grant of a postponement with
the | 20 |
| concurrence of the clerk of the court, the
prospective | 21 |
| juror fixes a date certain on which he or
she will appear | 22 |
| for jury service that is not more than
6 months after the | 23 |
| date on which the prospective
juror originally was called | 24 |
| to serve and on which date
the court will be in session.
| 25 |
| (b) A subsequent request to postpone jury service may be
|
|
|
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| 1 |
| approved by a judicial officer only in the event of an extreme
| 2 |
| emergency, such as a death in the family, sudden illness, a
| 3 |
| natural disaster or a national emergency in which the
| 4 |
| prospective juror is personally involved, that could not have
| 5 |
| been anticipated at the time the initial postponement was
| 6 |
| granted. Prior to the grant of a second postponement, the
| 7 |
| prospective juror must fix a date certain on which the
| 8 |
| individual will appear for jury service within 6 months of the
| 9 |
| postponement on a date when the court will be in session.
| 10 |
| (705 ILCS 305/15) (from Ch. 78, par. 15)
| 11 |
| Sec. 15. Failure to attend.
Every person who shall fail to | 12 |
| attend when lawfully
summoned to appear as a grand or petit | 13 |
| juror, without having
properly obtained postponement or excuse | 14 |
| pursuant to Sections
10.2 and 10.4
a reasonable excuse , shall | 15 |
| be considered as
guilty
of a
contempt, and shall be
fined by | 16 |
| the courts, respectively, in any sum not less than $25 $5
nor | 17 |
| more than $250 $100 , for the use of the proper county, unless
| 18 |
| good cause be shown for such default; and it shall be the duty
| 19 |
| of the court to enter an order of attachment, returnable
| 20 |
| forthwith, against all such delinquents, and upon the return
| 21 |
| thereof the court shall proceed to assess the fine unless the
| 22 |
| person or persons so attached shall show good cause for such
| 23 |
| delinquency: Provided, that the oath or affirmation of any such
| 24 |
| delinquent shall, at all times, be received as competent
| 25 |
| evidence.
|
|
|
|
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| 1 |
| (Source: P.A. 83-346.)
| 2 |
| Section 90. The State Mandates Act is amended by adding | 3 |
| Section 8.33 as follows: | 4 |
| (30 ILCS 805/8.33 new) | 5 |
| Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | 6 |
| of this Act, no reimbursement by the State is required for the | 7 |
| implementation of any mandate created by this amendatory Act of | 8 |
| the 96th General Assembly. | 9 |
| Section 97. Severability. The provisions of this Act are | 10 |
| severable under Section 1.31 of the Statute on Statutes. If any | 11 |
| portion of this Act is
declared unconstitutional or the | 12 |
| application of any
part of this Act to any person or | 13 |
| circumstance is held
invalid, the remaining portions of the Act | 14 |
| and their
applicability to any person or circumstance shall
| 15 |
| remain valid and enforceable. | 16 |
| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.".
|
|