Full Text of HB1515 101st General Assembly
HB1515 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB1515 Introduced , by Rep. Sam Yingling SYNOPSIS AS INTRODUCED: | | 55 ILCS 5/4-12001 | from Ch. 34, par. 4-12001 |
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Amends the Counties Code. Makes a technical change to a Section concerning
sheriffs' fees.
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| | A BILL FOR |
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| | | HB1515 | | LRB101 08202 AWJ 53268 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing Section | 5 | | 4-12001 as follows:
| 6 | | (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
| 7 | | Sec. 4-12001. Fees of sheriff in third class counties. The
| 8 | | The officers herein named, in counties of the third class,
| 9 | | shall be entitled to receive the fees herein specified, for the | 10 | | services
mentioned and such other fees as may be provided by | 11 | | law for such other
services not herein designated. | 12 | | Fees for Sheriff
| 13 | | For serving or attempting to serve any summons on each | 14 | | defendant, $35.
| 15 | | For serving or attempting to serve each alias summons or | 16 | | other process
mileage will be charged as hereinafter provided | 17 | | when the address for
service differs from the address for | 18 | | service on the original summons or
other process.
| 19 | | For serving or attempting to serve all other process, on | 20 | | each defendant, $35.
| 21 | | For serving or attempting to serve a subpoena on each | 22 | | witness, $35.
| 23 | | For serving or attempting to serve each warrant, $35.
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| 1 | | For serving or attempting to serve each garnishee, $35.
| 2 | | For summoning each juror, $10.
| 3 | | For serving or attempting to serve each order or judgment | 4 | | for replevin, $35.
| 5 | | For serving or attempting to serve an order for attachment, | 6 | | on each
defendant, $35.
| 7 | | For serving or attempting to serve an order or judgment for | 8 | | the
possession of real estate in an action of ejectment or in | 9 | | any other action,
or for restitution in an eviction action, | 10 | | without
aid, $35, and when aid is necessary, the sheriff shall | 11 | | be allowed to tax in
addition the actual costs thereof.
| 12 | | For serving or attempting to serve notice of judgment, $35.
| 13 | | For levying to satisfy an order in an action for | 14 | | attachment, $25.
| 15 | | For executing order of court to seize personal property, | 16 | | $25.
| 17 | | For making certificate of levy on real estate and filing or | 18 | | recording
same, $8, and the fee for filing or recording shall | 19 | | be advanced by the
plaintiff in attachment or by the judgment | 20 | | creditor and taxed as costs.
For taking possession of or | 21 | | removing property levied on, the sheriff
shall be allowed to | 22 | | tax the necessary actual costs of such possession or
removal.
| 23 | | For advertising property for sale, $20.
| 24 | | For making certificate of sale and making and filing | 25 | | duplicate for
record, $15, and the fee for recording same shall | 26 | | be advanced by the
judgment creditor and taxed as costs.
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| 1 | | For preparing, executing and acknowledging deed on | 2 | | redemption from a
court sale of real estate, $15; for | 3 | | preparing, executing and
acknowledging all other deeds on sale | 4 | | of real estate, $10.
| 5 | | For making and filing certificate of redemption, $15, and | 6 | | the fee
for recording same shall be advanced by party making | 7 | | the redemption and
taxed as costs.
| 8 | | For making and filing certificate of redemption from a | 9 | | court sale,
$11, and the fee for recording same shall be | 10 | | advanced by the party
making the redemption and taxed as costs.
| 11 | | For taking all bonds on legal process, $10.
| 12 | | For taking special bail, $5.
| 13 | | For returning each process, $15.
| 14 | | Mileage for service or attempted service of all process is | 15 | | a $10 flat fee.
| 16 | | For attending before a court with a prisoner on an order | 17 | | for habeas
corpus, $9 per day.
| 18 | | For executing requisitions from other States, $13.
| 19 | | For conveying each prisoner from the prisoner's county to | 20 | | the jail of
another county, per mile for going only, 25˘.
| 21 | | For committing to or discharging each prisoner from jail, | 22 | | $3.
| 23 | | For feeding each prisoner, such compensation to cover | 24 | | actual costs as
may be fixed by the county board, but such | 25 | | compensation shall not be
considered a part of the fees of the | 26 | | office.
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| 1 | | For committing each prisoner to jail under the laws of the | 2 | | United
States, to be paid by the marshal or other person | 3 | | requiring his
confinement, $3.
| 4 | | For feeding such prisoners per day, $3, to be paid by the | 5 | | marshal or
other person requiring the prisoner's confinement.
| 6 | | For discharging such prisoners, $3.
| 7 | | For conveying persons to the penitentiary, reformatories, | 8 | | Illinois
State Training School for Boys, Illinois State | 9 | | Training School for
Girls, Reception Centers and Illinois | 10 | | Security Hospital, the following
fees, payable out of the State | 11 | | Treasury. When one person is conveyed,
20˘ per mile in going to | 12 | | the penitentiary, reformatories, Illinois State
Training | 13 | | School for Boys, Illinois State Training School for Girls,
| 14 | | Reception Centers and Illinois Security Hospital from the place | 15 | | of
conviction; when 2 persons are conveyed at the same time, | 16 | | 20˘ per mile
for the first and 15˘ per mile for the second | 17 | | person; when more than 2
persons are conveyed at the same time | 18 | | as Stated above, the sheriff shall
be allowed 20˘ per mile for | 19 | | the first, 15˘ per mile
for the second and
10˘ per mile for | 20 | | each additional person.
| 21 | | The fees provided for herein for transporting persons to | 22 | | the
penitentiary, reformatories, Illinois State Training | 23 | | School for Boys,
Illinois State Training School for Girls, | 24 | | Reception Centers and Illinois
Security Hospital, shall be paid | 25 | | for each trip so made. Mileage as used
in this Section means | 26 | | the shortest route on a hard surfaced road,
(either State Bond |
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| 1 | | Issue Route or Federal highways) or railroad,
whichever is | 2 | | shorter, between the place from which the person is to be
| 3 | | transported, to the penitentiary, reformatories, Illinois | 4 | | State Training
School for Boys, Illinois State Training School | 5 | | for Girls, Reception
Centers and Illinois Security Hospital, | 6 | | and all fees per mile shall be
computed on such basis.
| 7 | | In addition to the above fees, there shall be allowed to | 8 | | the sheriff
a fee of $900 for the sale of real estate which | 9 | | shall be made by virtue
of any judgment of a court. In addition | 10 | | to this fee and all other fees
provided by this Section, there | 11 | | shall be allowed to the sheriff a fee in
accordance with the | 12 | | following schedule for the sale of personal estate
which is | 13 | | made by virtue of any judgment of a
court:
| 14 | | For judgments up to $1,000, $100;
| 15 | | For judgments over $1,000 to $15,000, $300;
| 16 | | For judgments over $15,000, $500.
| 17 | | In all cases where the judgment is settled by the parties, | 18 | | replevied,
stopped by injunction or paid, or where the property | 19 | | levied upon is not
actually sold, the sheriff shall be allowed | 20 | | the fee for levying and
mileage, together with half the fee for | 21 | | all money collected by him or
her which he or she would be | 22 | | entitled to if the same were made by sale
in the enforcement of | 23 | | a judgment. In no case shall the fee exceed the
amount of money | 24 | | arising from the sale.
| 25 | | The fee requirements of this Section do not apply to police | 26 | | departments
or other law enforcement agencies. For the purposes |
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| 1 | | of this Section, "law
enforcement agency" means an agency of | 2 | | the State or unit of local government
which is vested by law or | 3 | | ordinance with the duty to maintain public order
and to enforce | 4 | | criminal laws or ordinances.
| 5 | | The fee requirements of this Section do not apply to units | 6 | | of local
government or school districts.
| 7 | | (Source: P.A. 100-173, eff. 1-1-18 .)
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