Full Text of SB1302 101st General Assembly
SB1302ham002 101ST GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 1/10/2021
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| 1 | | AMENDMENT TO SENATE BILL 1302
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1302 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Article 1. | 5 | | Section 1-5. The Intergenerational Poverty Act is amended | 6 | | by changing Section 95-501 as follows: | 7 | | (305 ILCS 70/95-501)
| 8 | | Sec. 95-501. The Commission on Poverty Elimination and | 9 | | Economic Security. | 10 | | (a) Establishment. The Commission on Poverty Elimination | 11 | | and Economic Security is established. | 12 | | (b) Purpose. The purpose of the Commission is to: | 13 | | (1) Inform the public policy making process by: | 14 | | (i) Improving policymakers' understanding of the | 15 | | root causes of poverty and economic insecurity, |
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| 1 | | including contributing social, economic, and cultural | 2 | | factors and the reasons that poverty and economic | 3 | | insecurity persist in this State. | 4 | | (ii) Expanding policymakers' understanding of | 5 | | poverty by distinguishing a standard that measures a | 6 | | level of freedom from deprivation from a standard that | 7 | | measures economic security provided by a living wage | 8 | | and access to a livable standard of living. | 9 | | (iii) Educating policymakers on the impact poverty | 10 | | has on other measures of economic stability and | 11 | | economic outcomes, including educational attainment, | 12 | | rates of incarceration, lifetime earnings, access to | 13 | | health care, health care outcomes, and access to | 14 | | housing. | 15 | | (2) Support governmental efforts to ensure that | 16 | | residents of this State have equal opportunity to achieve | 17 | | economic security. | 18 | | (3) Reduce and ultimately eliminate poverty in this | 19 | | State by making policy and other recommendations to the | 20 | | legislative, executive, and judicial branches of this | 21 | | State. | 22 | | (c) Membership. The Commission shall consist of the | 23 | | following members: | 24 | | (1) Four members of the General Assembly, one each | 25 | | appointed by the President of the Senate, the Minority | 26 | | Leader of the Senate, the Speaker of the House of |
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| 1 | | Representatives, and the Minority Leader of the House of | 2 | | Representative. | 3 | | (2) Two members A member of the judiciary or a designee | 4 | | who shall be appointed by the Chief Justice of the Illinois | 5 | | Supreme Court. | 6 | | (3) Twenty members of the public appointed under | 7 | | subsection (d) representing stakeholders as follows: | 8 | | (i) Two representatives, one of whom shall | 9 | | represent an organization that focuses on rural | 10 | | poverty and one of whom shall represent an organization | 11 | | that focuses on urban and suburban poverty. | 12 | | (ii) Two individuals who have experienced deep | 13 | | poverty. | 14 | | (iii) One representative of an organization that | 15 | | advocates for health care access, affordability, and | 16 | | availability. | 17 | | (iv) One representative of an organization that | 18 | | advocated for individuals with mental illness. | 19 | | (v) One representative of an organization that | 20 | | advocates for children and youth. | 21 | | (vi) One representative of an organization that | 22 | | advocates for equity and equality in education. | 23 | | (vii) One representative of an organization that | 24 | | advocates for individuals who are homeless. | 25 | | (viii) One representative of a Statewide | 26 | | antihunger organization. |
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| 1 | | (ix) One representative of an organization that | 2 | | advocates for military veterans. | 3 | | (x) One representative of an organization that | 4 | | advocates for individuals with disabilities. | 5 | | (xi) One representative of an organization that | 6 | | advocates for immigrants. | 7 | | (xii) One representative of a Statewide | 8 | | faith-based organization that provides direct social | 9 | | services in this State. | 10 | | (xiii) One representative of an organization that | 11 | | advocates for economic security for women. | 12 | | (xiv) One representative of an organization that | 13 | | advocates for older adults. | 14 | | (xv) One representative of a labor organization | 15 | | that represents primarily low-wage and middle-wage | 16 | | earners. | 17 | | (xvi) One representative of school districts in | 18 | | this State. | 19 | | (xvii) One representative of county governments in | 20 | | this State. | 21 | | (xviii) One representative of municipal | 22 | | corporation governments in this State. | 23 | | (4) The members of the workgroup shall serve as | 24 | | nonvoting ex officio members of the Commission. | 25 | | (d) Appointment. The following shall apply: | 26 | | (1) The public members of the Commission under |
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| 1 | | paragraph (3) of subsection (c) shall be appointed as | 2 | | follows: | 3 | | (i) Four shall be appointed by the Governor. | 4 | | (ii) Four shall be appointed by the President of | 5 | | the Senate. | 6 | | (iii) Four shall be appointed by the Minority | 7 | | Leader of the Senate. | 8 | | (iv) Four shall be appointed by the Speaker of the | 9 | | House of Representatives. | 10 | | (v) Four shall be appointed by the Minority Leader | 11 | | of the House of Representatives. | 12 | | (2) It shall be determined by lot which appointing | 13 | | authority appoints which public members to the Commission. | 14 | | (3) The appointed members shall reflect the racial, | 15 | | gender, and geographic diversity of this State and shall | 16 | | include representation from regions of this State | 17 | | experiencing economic insecurity and the highest rates of | 18 | | deep poverty. | 19 | | (4) Public members of the Commission shall be selected | 20 | | for service on the Commission within 45 days after the | 21 | | effective date of this Act. | 22 | | (e) Qualifications. Each member of the Commission must have | 23 | | been a resident of this State for a period of at least one year | 24 | | immediately preceding appointment and must continue residence | 25 | | in this State during the member's tenure of service on the | 26 | | Commission. |
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| 1 | | (f) Organizational meeting. The organizational meeting of | 2 | | the Commission shall take place after all members are appointed | 3 | | but no later than 60 days after the effective date of this Act. | 4 | | (g) Compensation. Members shall serve without | 5 | | compensation, but public members may be reimbursed for | 6 | | reasonable and necessary travel expenses connected to | 7 | | Commission business. | 8 | | (h) Commission chairperson. The representatives of the | 9 | | antipoverty organizations appointed under subparagraph (i) of | 10 | | paragraph (3) of subsection (c) shall serve as cochairs of the | 11 | | Commission. | 12 | | (i) Committees. The Commission may establish subcommittees | 13 | | to address specific issues or populations and may collaborate | 14 | | with individuals with relevant expertise who are not members of | 15 | | the Commission to assist the subcommittee in carrying out its | 16 | | duties. | 17 | | (j) Meetings. The full Commission shall meet at least once | 18 | | annually. | 19 | | (k) Quorum. A majority plus one of the voting members shall | 20 | | constitute a quorum. | 21 | | (l) Voting. All actions of the Commission and any | 22 | | subcommittees established by the Commission shall be approved | 23 | | by a majority vote of the Commission or subcommittee as | 24 | | applicable. | 25 | | (m) Open meetings. The meetings of the Commission shall be | 26 | | conducted in accordance with the provisions of Section 2 of the |
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| 1 | | Open Meetings Act. | 2 | | (n) Administrative support. The Department of Human | 3 | | Services shall provide staff and administrative support to | 4 | | assist the Commission in carrying out its duties.
| 5 | | (Source: P.A. 101-636, eff. 6-10-20.)
| 6 | | Article 5. | 7 | | Section 5-5. The Supreme Court Act is amended by changing | 8 | | Section 11 as follows:
| 9 | | (705 ILCS 5/11) (from Ch. 37, par. 16)
| 10 | | Sec. 11. Marshals. | 11 | | (a) The office of marshal for the Supreme Court is
hereby | 12 | | created,
such marshals to be selected by the Supreme Court, and | 13 | | the
duties of such marshals
shall be to attend upon its | 14 | | sittings and to perform
such other
duties, under the order and | 15 | | direction of the said court, as are usually
performed by | 16 | | sheriffs of courts. The salary of such marshals
shall be fixed
| 17 | | by the judges of the Supreme Court, such salary to be payable | 18 | | from
the State treasury, upon bills of particulars, signed by | 19 | | any one of the
judges of the Supreme Court. | 20 | | (b) Marshals are peace officers and have all the powers | 21 | | possessed by police officers in cities and by sheriffs. | 22 | | Marshals may exercise these powers throughout the State. No | 23 | | marshal has peace officer status or may exercise police powers |
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| 1 | | unless: (i) he or she successfully completes the basic police | 2 | | training course mandated and approved by the Illinois Law | 3 | | Enforcement Training Standards Board; or (ii) the Illinois Law | 4 | | Enforcement Training Standards Board waives the training | 5 | | requirement by reason of the marshal's prior law enforcement | 6 | | experience or training or both.
| 7 | | (c) The office of marshal for the Supreme Court may also | 8 | | employ court security officers to be responsible for | 9 | | maintaining the security of any courthouse or courtroom | 10 | | occupied by the Supreme or Appellate Court of this State. A | 11 | | court security officer hired under this subsection is subject | 12 | | to the same training requirements and has the same authority to | 13 | | arrest as a court security officer hired by a county sheriff | 14 | | under Section 3-6012.1 of the Counties Code. However, the | 15 | | arrest powers of the court security officer are limited to the | 16 | | performance of the official duties of the court security | 17 | | officer. A court security officer who is trained and qualified | 18 | | as permitted by law may carry a weapon at his or her place of | 19 | | employment and to and from his or her place of employment. No | 20 | | court security officer authorized under this Section may | 21 | | exercise arrest powers or carry a firearm unless: (i) he or she | 22 | | successfully completes the basic police training course | 23 | | mandated and approved by the Illinois Law Enforcement Training | 24 | | Standards Board pursuant to subsection (b); or (ii) the | 25 | | Illinois Law Enforcement Training Standards Board waives the | 26 | | training requirement by reason of the individual's prior law |
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| 1 | | enforcement experience or training or both. | 2 | | (Source: P.A. 100-151, eff. 8-18-17.)
| 3 | | Article 10. | 4 | | Section 10-5. The Access to Justice Act is amended by | 5 | | changing Section 25 as follows: | 6 | | (705 ILCS 95/25)
| 7 | | Sec. 25. Statutory Court Fee Task Force. | 8 | | (a) There is hereby created the Statutory Court Fee Task | 9 | | Force. The purpose of the Task Force is to conduct a thorough | 10 | | review of the various statutory fees imposed or assessed on | 11 | | criminal defendants and civil litigants. | 12 | | (b) The Task Force shall consist of 15 members, appointed | 13 | | as follows: one each by the Speaker of the House of | 14 | | Representatives, the Minority Leader of the House of | 15 | | Representatives, the President of the Senate, and the Minority | 16 | | Leader of the Senate; 2 by the association representing circuit | 17 | | court clerks; 2 by the Governor, and 7 by the Supreme Court. | 18 | | Each appointing authority shall fill any vacancy existing on | 19 | | the effective date of this amendatory Act of the 101st General | 20 | | Assembly by March 1, 2021. | 21 | | (c) At the direction of the Supreme Court, the | 22 | | Administrative Office of the Illinois Courts shall provide | 23 | | administrative support to the Task Force. |
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| 1 | | (d) The Task Force shall submit a report containing its | 2 | | findings and any recommendations to the Supreme Court and the | 3 | | General Assembly by June 1, 2016.
| 4 | | (e) The Task Force shall review and study the | 5 | | implementation and impact of the Criminal and Traffic | 6 | | Assessment Act and Section 27.1b of the Clerk of Courts Act, | 7 | | including the associated Supreme Court Rules on civil and | 8 | | criminal assessments. The Task Force shall submit a report | 9 | | containing its findings and any recommendations to the Supreme | 10 | | Court and the General Assembly by January 1, 2022. | 11 | | (Source: P.A. 98-351, eff. 8-15-13; 98-763, eff. 7-16-14.) | 12 | | Section 10-10. The Clerks of Courts Act is amended by | 13 | | changing Sections 27.1b and 27.1c as follows: | 14 | | (705 ILCS 105/27.1b) | 15 | | (Section scheduled to be repealed on January 1, 2022) | 16 | | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any | 17 | | other provision of law, all fees charged by the clerks of the | 18 | | circuit court for the services described in this Section shall | 19 | | be established, collected, and disbursed in accordance with | 20 | | this Section. Except as otherwise specified in this Section, | 21 | | all fees under this Section shall be paid in advance and | 22 | | disbursed by each clerk on a monthly basis. In a county with a | 23 | | population of over 3,000,000, units of local government and | 24 | | school districts shall not be required to pay fees under this |
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| 1 | | Section in advance and the clerk shall instead send an itemized | 2 | | bill to the unit of local government or school district, within | 3 | | 30 days of the fee being incurred, and the unit of local | 4 | | government or school district shall be allowed at least 30 days | 5 | | from the date of the itemized bill to pay; these payments shall | 6 | | be disbursed by each clerk on a monthly basis. Unless otherwise | 7 | | specified in this Section, the amount of a fee shall be | 8 | | determined by ordinance or resolution of the county board and | 9 | | remitted to the county treasurer to be used for purposes | 10 | | related to the operation of the court system in the county. In | 11 | | a county with a population of over 3,000,000, any amount | 12 | | retained by the clerk of the circuit court or remitted to the | 13 | | county treasurer shall be subject to appropriation by the | 14 | | county board. | 15 | | (a) Civil cases. The fee for filing a complaint, petition, | 16 | | or other pleading initiating a civil action shall be as set | 17 | | forth in the applicable schedule under this subsection in | 18 | | accordance with case categories established by the Supreme | 19 | | Court in schedules. | 20 | | (1) SCHEDULE 1: not to exceed a total of $366 in a | 21 | | county with a population of 3,000,000 or more and not to | 22 | | exceed $316 in any other county, except as applied to units | 23 | | of local government and school districts in counties with | 24 | | more than 3,000,000 inhabitants an amount not to exceed | 25 | | $190 through December 31, 2021 and $184 on and after | 26 | | January 1, 2022. The fees collected under this schedule |
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| 1 | | shall be disbursed as follows: | 2 | | (A) The clerk shall retain a sum, in an amount not | 3 | | to exceed $55 in a county with a population of | 4 | | 3,000,000 or more and in an amount not to exceed $45 in | 5 | | any other county determined by the clerk with the | 6 | | approval of the Supreme Court, to be used for court | 7 | | automation, court document storage, and administrative | 8 | | purposes. | 9 | | (B) The clerk shall remit up to $21 to the State | 10 | | Treasurer. The State Treasurer shall deposit the | 11 | | appropriate amounts, in accordance with the clerk's | 12 | | instructions, as follows: | 13 | | (i) up to $10, as specified by the Supreme | 14 | | Court in accordance with Part 10A of Article II of | 15 | | the Code of Civil Procedure, into the Mandatory | 16 | | Arbitration Fund; | 17 | | (ii) $2 into the Access to Justice Fund; and | 18 | | (iii) $9 into the Supreme Court Special | 19 | | Purposes Fund. | 20 | | (C) The clerk shall remit a sum to the County | 21 | | Treasurer, in an amount not to exceed $290 in a county | 22 | | with a population of 3,000,000 or more and in an amount | 23 | | not to exceed $250 in any other county, as specified by | 24 | | ordinance or resolution passed by the county board, for | 25 | | purposes related to the operation of the court system | 26 | | in the county. |
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| 1 | | (2) SCHEDULE 2: not to exceed a total of $357 in a | 2 | | county with a population of 3,000,000 or more and not to | 3 | | exceed $266 in any other county, except as applied to units | 4 | | of local government and school districts in counties with | 5 | | more than 3,000,000 inhabitants an amount not to exceed | 6 | | $190 through December 31, 2021 and $184 on and after | 7 | | January 1, 2022. The fees collected under this schedule | 8 | | shall be disbursed as follows: | 9 | | (A) The clerk shall retain a sum, in an amount not | 10 | | to exceed $55 in a county with a population of | 11 | | 3,000,000 or more and in an amount not to exceed $45 in | 12 | | any other county determined by the clerk with the | 13 | | approval of the Supreme Court, to be used for court | 14 | | automation, court document storage, and administrative | 15 | | purposes. | 16 | | (B) The clerk shall remit up to $21 to the State | 17 | | Treasurer. The State Treasurer shall deposit the | 18 | | appropriate amounts, in accordance with the clerk's | 19 | | instructions, as follows: | 20 | | (i) up to $10, as specified by the Supreme | 21 | | Court in accordance with Part 10A of Article II of | 22 | | the Code of Civil Procedure, into the Mandatory | 23 | | Arbitration Fund; | 24 | | (ii) $2 into the Access to Justice Fund: and | 25 | | (iii) $9 into the Supreme Court Special | 26 | | Purposes Fund. |
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| 1 | | (C) The clerk shall remit a sum to the County | 2 | | Treasurer, in an amount not to exceed $281 in a county | 3 | | with a population of 3,000,000 or more and in an amount | 4 | | not to exceed $200 in any other county, as specified by | 5 | | ordinance or resolution passed by the county board, for | 6 | | purposes related to the operation of the court system | 7 | | in the county. | 8 | | (3) SCHEDULE 3: not to exceed a total of $265 in a | 9 | | county with a population of 3,000,000 or more and not to | 10 | | exceed $89 in any other county, except as applied to units | 11 | | of local government and school districts in counties with | 12 | | more than 3,000,000 inhabitants an amount not to exceed | 13 | | $190 through December 31, 2021 and $184 on and after | 14 | | January 1, 2022. The fees collected under this schedule | 15 | | shall be disbursed as follows: | 16 | | (A) The clerk shall retain a sum, in an amount not | 17 | | to exceed $55 in a county with a population of | 18 | | 3,000,000 or more and in an amount not to exceed $22 in | 19 | | any other county determined by the clerk with the | 20 | | approval of the Supreme Court, to be used for court | 21 | | automation, court document storage, and administrative | 22 | | purposes. | 23 | | (B) The clerk shall remit $11 to the State | 24 | | Treasurer. The State Treasurer shall deposit the | 25 | | appropriate amounts in accordance with the clerk's | 26 | | instructions, as follows: |
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| 1 | | (i) $2 into the Access to Justice Fund; and | 2 | | (ii) $9 into the Supreme Court Special | 3 | | Purposes Fund. | 4 | | (C) The clerk shall remit a sum to the County | 5 | | Treasurer, in an amount not to exceed $199 in a county | 6 | | with a population of 3,000,000 or more and in an amount | 7 | | not to exceed $56 in any other county, as specified by | 8 | | ordinance or resolution passed by the county board, for | 9 | | purposes related to the operation of the court system | 10 | | in the county. | 11 | | (4) SCHEDULE 4: $0. | 12 | | (b) Appearance. The fee for filing an appearance in a civil | 13 | | action, including a cannabis civil law action under the | 14 | | Cannabis Control Act, shall be as set forth in the applicable | 15 | | schedule under this subsection in accordance with case | 16 | | categories established by the Supreme Court in schedules. | 17 | | (1) SCHEDULE 1: not to exceed a total of $230 in a | 18 | | county with a population of 3,000,000 or more and not to | 19 | | exceed $191 in any other county, except as applied to units | 20 | | of local government and school districts in counties with | 21 | | more than 3,000,000 inhabitants an amount not to exceed | 22 | | $75. The fees collected under this schedule shall be | 23 | | disbursed as follows: | 24 | | (A) The clerk shall retain a sum, in an amount not | 25 | | to exceed $50 in a county with a population of | 26 | | 3,000,000 or more and in an amount not to exceed $45 in |
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| 1 | | any other county determined by the clerk with the | 2 | | approval of the Supreme Court, to be used for court | 3 | | automation, court document storage, and administrative | 4 | | purposes. | 5 | | (B) The clerk shall remit up to $21 to the State | 6 | | Treasurer. The State Treasurer shall deposit the | 7 | | appropriate amounts, in accordance with the clerk's | 8 | | instructions, as follows: | 9 | | (i) up to $10, as specified by the Supreme | 10 | | Court in accordance with Part 10A of Article II of | 11 | | the Code of Civil Procedure, into the Mandatory | 12 | | Arbitration Fund; | 13 | | (ii) $2 into the Access to Justice Fund; and | 14 | | (iii) $9 into the Supreme Court Special | 15 | | Purposes Fund. | 16 | | (C) The clerk shall remit a sum to the County | 17 | | Treasurer, in an amount not to exceed $159 in a county | 18 | | with a population of 3,000,000 or more and in an amount | 19 | | not to exceed $125 in any other county, as specified by | 20 | | ordinance or resolution passed by the county board, for | 21 | | purposes related to the operation of the court system | 22 | | in the county. | 23 | | (2) SCHEDULE 2: not to exceed a total of $130 in a | 24 | | county with a population of 3,000,000 or more and not to | 25 | | exceed $109 in any other county, except as applied to units | 26 | | of local government and school districts in counties with |
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| 1 | | more than 3,000,000 inhabitants an amount not to exceed | 2 | | $75. The fees collected under this schedule shall be | 3 | | disbursed as follows: | 4 | | (A) The clerk shall retain a sum, in an amount not | 5 | | to exceed $50 in a county with a population of | 6 | | 3,000,000 or more and in an amount not to exceed $10 in | 7 | | any other county determined by the clerk with the | 8 | | approval of the Supreme Court, to be used for court | 9 | | automation, court document storage, and administrative | 10 | | purposes. | 11 | | (B) The clerk shall remit $9 to the State | 12 | | Treasurer, which the State Treasurer shall deposit | 13 | | into the Supreme Court Special Purpose Fund. | 14 | | (C) The clerk shall remit a sum to the County | 15 | | Treasurer, in an amount not to exceed $71 in a county | 16 | | with a population of 3,000,000 or more and in an amount | 17 | | not to exceed $90 in any other county, as specified by | 18 | | ordinance or resolution passed by the county board, for | 19 | | purposes related to the operation of the court system | 20 | | in the county. | 21 | | (3) SCHEDULE 3: $0. | 22 | | (b-5) Kane County and Will County. In Kane County and Will | 23 | | County civil cases, there is an additional fee of up to $30 as | 24 | | set by the county board under Section 5-1101.3 of the Counties | 25 | | Code to be paid by each party at the time of filing the first | 26 | | pleading, paper, or other appearance; provided that no |
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| 1 | | additional fee shall be required if more than one party is | 2 | | represented in a single pleading, paper, or other appearance. | 3 | | Distribution of fees collected under this subsection (b-5) | 4 | | shall be as provided in Section 5-1101.3 of the Counties Code. | 5 | | (c) Counterclaim or third party complaint. When any | 6 | | defendant files a counterclaim or third party complaint, as | 7 | | part of the defendant's answer or otherwise, the defendant | 8 | | shall pay a filing fee for each counterclaim or third party | 9 | | complaint in an amount equal to the filing fee the defendant | 10 | | would have had to pay had the defendant brought a separate | 11 | | action for the relief sought in the counterclaim or third party | 12 | | complaint, less the amount of the appearance fee, if any, that | 13 | | the defendant has already paid in the action in which the | 14 | | counterclaim or third party complaint is filed. | 15 | | (d) Alias summons. The clerk shall collect a fee not to | 16 | | exceed $6 in a county with a population of 3,000,000 or more | 17 | | and not to exceed $5 in any other county for each alias summons | 18 | | or citation issued by the clerk, except as applied to units of | 19 | | local government and school districts in counties with more | 20 | | than 3,000,000 inhabitants an amount not to exceed $5 for each | 21 | | alias summons or citation issued by the clerk. | 22 | | (e) Jury services. The clerk shall collect, in addition to | 23 | | other fees allowed by law, a sum not to exceed $212.50, as a | 24 | | fee for the services of a jury in every civil action not | 25 | | quasi-criminal in its nature and not a proceeding for the | 26 | | exercise of the right of eminent domain and in every other |
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| 1 | | action wherein the right of trial by jury is or may be given by | 2 | | law. The jury fee shall be paid by the party demanding a jury | 3 | | at the time of filing the jury demand. If the fee is not paid by | 4 | | either party, no jury shall be called in the action or | 5 | | proceeding, and the action or proceeding shall be tried by the | 6 | | court without a jury. | 7 | | (f) Change of venue. In connection with a change of venue: | 8 | | (1) The clerk of the jurisdiction from which the case | 9 | | is transferred may charge a fee, not to exceed $40, for the | 10 | | preparation and certification of the record; and | 11 | | (2) The clerk of the jurisdiction to which the case is | 12 | | transferred may charge the same filing fee as if it were | 13 | | the commencement of a new suit. | 14 | | (g) Petition to vacate or modify. | 15 | | (1) In a proceeding involving a petition to vacate or | 16 | | modify any final judgment or order filed within 30 days | 17 | | after the judgment or order was entered, except for an | 18 | | eviction case, small claims case, petition to reopen an | 19 | | estate, petition to modify, terminate, or enforce a | 20 | | judgment or order for child or spousal support, or petition | 21 | | to modify, suspend, or terminate an order for withholding, | 22 | | the fee shall not exceed $60 in a county with a population | 23 | | of 3,000,000 or more and shall not exceed $50 in any other | 24 | | county, except as applied to units of local government and | 25 | | school districts in counties with more than 3,000,000 | 26 | | inhabitants an amount not to exceed $50. |
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| 1 | | (2) In a proceeding involving a petition to vacate or | 2 | | modify any final judgment or order filed more than 30 days | 3 | | after the judgment or order was entered, except for a | 4 | | petition to modify, terminate, or enforce a judgment or | 5 | | order for child or spousal support, or petition to modify, | 6 | | suspend, or terminate an order for withholding, the fee | 7 | | shall not exceed $75. | 8 | | (3) In a proceeding involving a motion to vacate or | 9 | | amend a final order, motion to vacate an ex parte judgment, | 10 | | judgment of forfeiture, or "failure to appear" or "failure | 11 | | to comply" notices sent to the Secretary of State, the fee | 12 | | shall equal $40. | 13 | | (h) Appeals preparation. The fee for preparation of a | 14 | | record on appeal shall be based on the number of pages, as | 15 | | follows: | 16 | | (1) if the record contains no more than 100 pages, the | 17 | | fee shall not exceed $70 in a county with a population of | 18 | | 3,000,000 or more and shall not exceed $50 in any other | 19 | | county; | 20 | | (2) if the record contains between 100 and 200 pages, | 21 | | the fee shall not exceed $100; and | 22 | | (3) if the record contains 200 or more pages, the clerk | 23 | | may collect an additional fee not to exceed 25 cents per | 24 | | page. | 25 | | (i) Remands. In any cases remanded to the circuit court | 26 | | from the Supreme Court or the appellate court for a new trial, |
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| 1 | | the clerk shall reinstate the case with either its original | 2 | | number or a new number. The clerk shall not charge any new or | 3 | | additional fee for the reinstatement. Upon reinstatement, the | 4 | | clerk shall advise the parties of the reinstatement. Parties | 5 | | shall have the same right to a jury trial on remand and | 6 | | reinstatement that they had before the appeal, and no | 7 | | additional or new fee or charge shall be made for a jury trial | 8 | | after remand. | 9 | | (j) Garnishment, wage deduction, and citation. In | 10 | | garnishment affidavit, wage deduction affidavit, and citation | 11 | | petition proceedings: | 12 | | (1) if the amount in controversy in the proceeding is | 13 | | not more than $1,000, the fee may not exceed $35 in a | 14 | | county with a population of 3,000,000 or more and may not | 15 | | exceed $15 in any other county, except as applied to units | 16 | | of local government and school districts in counties with | 17 | | more than 3,000,000 inhabitants an amount not to exceed | 18 | | $15; | 19 | | (2) if the amount in controversy in the proceeding is | 20 | | greater than $1,000 and not more than $5,000, the fee may | 21 | | not exceed $45 in a county with a population of 3,000,000 | 22 | | or more and may not exceed $30 in any other county, except | 23 | | as applied to units of local government and school | 24 | | districts in counties with more than 3,000,000 inhabitants | 25 | | an amount not to exceed $30; and | 26 | | (3) if the amount in controversy in the proceeding is |
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| 1 | | greater than $5,000, the fee may not exceed $65 in a county | 2 | | with a population of 3,000,000 or more and may not exceed | 3 | | $50 in any other county, except as applied to units of | 4 | | local government and school districts in counties with more | 5 | | than 3,000,000 inhabitants an amount not to exceed $50. | 6 | | (j-5) Debt collection. In any proceeding to collect a debt | 7 | | subject to the exception in item (ii) of subparagraph (A-5) of | 8 | | paragraph (1) of subsection (z) of this Section, the circuit | 9 | | court shall order and the clerk shall collect from each | 10 | | judgment debtor a fee of: | 11 | | (1) $35 if the amount in controversy in the proceeding | 12 | | is not more than $1,000; | 13 | | (2) $45 if the amount in controversy in the proceeding | 14 | | is greater than $1,000 and not more than $5,000; and | 15 | | (3) $65 if the amount in controversy in the proceeding | 16 | | is greater than $5,000. | 17 | | (k) Collections. | 18 | | (1) For all collections made of others, except the | 19 | | State and county and except in maintenance or child support | 20 | | cases, the clerk may collect a fee of up to 2.5% of the | 21 | | amount collected and turned over. | 22 | | (2) In child support and maintenance cases, the clerk | 23 | | may collect an annual fee of up to $36 from the person | 24 | | making payment for maintaining child support records and | 25 | | the processing of support orders to the State of Illinois | 26 | | KIDS system and the recording of payments issued by the |
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| 1 | | State Disbursement Unit for the official record of the | 2 | | Court. This fee is in addition to and separate from amounts | 3 | | ordered to be paid as maintenance or child support and | 4 | | shall be deposited into a Separate Maintenance and Child | 5 | | Support Collection Fund, of which the clerk shall be the | 6 | | custodian, ex officio, to be used by the clerk to maintain | 7 | | child support orders and record all payments issued by the | 8 | | State Disbursement Unit for the official record of the | 9 | | Court. The clerk may recover from the person making the | 10 | | maintenance or child support payment any additional cost | 11 | | incurred in the collection of this annual fee. | 12 | | (3) The clerk may collect a fee of $5 for | 13 | | certifications made to the Secretary of State as provided | 14 | | in Section 7-703 of the Illinois Vehicle Code, and this fee | 15 | | shall be deposited into the Separate Maintenance and Child | 16 | | Support Collection Fund. | 17 | | (4) In proceedings
to foreclose the lien of delinquent | 18 | | real estate taxes, State's Attorneys
shall receive a fee of | 19 | | 10%
of the total amount realized from the sale of real | 20 | | estate sold in the
proceedings. The clerk shall collect the | 21 | | fee from the total amount realized from
the sale of the | 22 | | real estate sold in the proceedings and remit to the County | 23 | | Treasurer to be credited to the earnings of the Office of | 24 | | the State's Attorney. | 25 | | (l) Mailing. The fee for the clerk mailing documents shall | 26 | | not exceed $10 plus the cost of postage. |
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| 1 | | (m) Certified copies. The fee for each certified copy of a | 2 | | judgment, after the first copy, shall not exceed $10. | 3 | | (n) Certification, authentication, and reproduction. | 4 | | (1) The fee for each certification or authentication | 5 | | for taking the acknowledgment of a deed or other instrument | 6 | | in writing with the seal of office shall not exceed $6. | 7 | | (2) The fee for reproduction of any document contained | 8 | | in the clerk's files shall not exceed: | 9 | | (A) $2 for the first page; | 10 | | (B) 50 cents per page for the next 19 pages; and | 11 | | (C) 25 cents per page for all additional pages. | 12 | | (o) Record search. For each record search, within a | 13 | | division or municipal district, the clerk may collect a search | 14 | | fee not to exceed $6 for each year searched. | 15 | | (p) Hard copy. For each page of hard copy print output, | 16 | | when case records are maintained on an automated medium, the | 17 | | clerk may collect a fee not to exceed $10 in a county with a | 18 | | population of 3,000,000 or more and not to exceed $6 in any | 19 | | other county, except as applied to units of local government | 20 | | and school districts in counties with more than 3,000,000 | 21 | | inhabitants an amount not to exceed $6. | 22 | | (q) Index inquiry and other records. No fee shall be | 23 | | charged for a single plaintiff and defendant index inquiry or | 24 | | single case record inquiry when this request is made in person | 25 | | and the records are maintained in a current automated medium, | 26 | | and when no hard copy print output is requested. The fees to be |
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| 1 | | charged for management records, multiple case records, and | 2 | | multiple journal records may be specified by the Chief Judge | 3 | | pursuant to the guidelines for access and dissemination of | 4 | | information approved by the Supreme Court. | 5 | | (r) Performing a marriage. There shall be a $10 fee for | 6 | | performing a marriage in court. | 7 | | (s) Voluntary assignment. For filing each deed of voluntary | 8 | | assignment, the clerk shall collect a fee not to exceed $20. | 9 | | For recording a deed of voluntary assignment, the clerk shall | 10 | | collect a fee not to exceed 50 cents for each 100 words. | 11 | | Exceptions filed to claims presented to an assignee of a debtor | 12 | | who has made a voluntary assignment for the benefit of | 13 | | creditors shall be considered and treated, for the purpose of | 14 | | taxing costs therein, as actions in which the party or parties | 15 | | filing the exceptions shall be considered as party or parties | 16 | | plaintiff, and the claimant or claimants as party or parties | 17 | | defendant, and those parties respectively shall pay to the | 18 | | clerk the same fees as provided by this Section to be paid in | 19 | | other actions. | 20 | | (t) Expungement petition. The clerk may collect a fee not | 21 | | to exceed $60 for each expungement petition filed and an | 22 | | additional fee not to exceed $4 for each certified copy of an | 23 | | order to expunge arrest records. | 24 | | (u) Transcripts of judgment. For the filing of a transcript | 25 | | of judgment, the clerk may collect the same fee as if it were | 26 | | the commencement of a new suit. |
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| 1 | | (v) Probate filings. | 2 | | (1) For each account (other than one final account) | 3 | | filed in the estate of a decedent, or ward, the fee shall | 4 | | not exceed $25. | 5 | | (2) For filing a claim in an estate when the amount | 6 | | claimed is greater than $150 and not more than $500, the | 7 | | fee shall not exceed $40 in a county with a population of | 8 | | 3,000,000 or more and shall not exceed $25 in any other | 9 | | county; when the amount claimed is greater than $500 and | 10 | | not more than $10,000, the fee shall not exceed $55 in a | 11 | | county with a population of 3,000,000 or more and shall not | 12 | | exceed $40 in any other county; and when the amount claimed | 13 | | is more than $10,000, the fee shall not exceed $75 in a | 14 | | county with a population of 3,000,000 or more and shall not | 15 | | exceed $60 in any other county; except the court in | 16 | | allowing a claim may add to the amount allowed the filing | 17 | | fee paid by the claimant. | 18 | | (3) For filing in an estate a claim, petition, or | 19 | | supplemental proceeding based upon an action seeking | 20 | | equitable relief including the construction or contest of a | 21 | | will, enforcement of a contract to make a will, and | 22 | | proceedings involving testamentary trusts or the | 23 | | appointment of testamentary trustees, the fee shall not | 24 | | exceed $60. | 25 | | (4) There shall be no fee for filing in an estate: (i) | 26 | | the appearance of any person for the purpose of consent; or |
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| 1 | | (ii) the appearance of an executor, administrator, | 2 | | administrator to collect, guardian, guardian ad litem, or | 3 | | special administrator. | 4 | | (5) For each jury demand, the fee shall not exceed | 5 | | $137.50. | 6 | | (6) For each certified copy of letters of office, of | 7 | | court order, or other certification, the fee shall not | 8 | | exceed
$2 per page. | 9 | | (7) For each exemplification, the fee shall not exceed | 10 | | $2, plus the fee for certification. | 11 | | (8) The executor, administrator, guardian, petitioner, | 12 | | or other interested person or his or her attorney shall pay | 13 | | the cost of publication by the clerk directly to the | 14 | | newspaper. | 15 | | (9) The person on whose behalf a charge is incurred for | 16 | | witness, court reporter, appraiser, or other miscellaneous | 17 | | fees shall pay the same directly to the person entitled | 18 | | thereto. | 19 | | (10) The executor, administrator, guardian, | 20 | | petitioner, or other interested person or his or her | 21 | | attorney shall pay to the clerk all postage charges | 22 | | incurred by the clerk in mailing petitions, orders, | 23 | | notices, or other documents pursuant to the provisions of | 24 | | the Probate Act of 1975. | 25 | | (w) Corrections of numbers. For correction of the case | 26 | | number, case title, or attorney computer identification |
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| 1 | | number, if required by rule of court, on any document filed in | 2 | | the clerk's office, to be charged against the party that filed | 3 | | the document, the fee shall not exceed $25. | 4 | | (x) Miscellaneous. | 5 | | (1) Interest earned on any fees collected by the clerk | 6 | | shall be turned over to the county general fund as an | 7 | | earning of the office. | 8 | | (2) For any check, draft, or other bank instrument | 9 | | returned to the clerk for non-sufficient funds, account | 10 | | closed, or payment stopped, the clerk shall collect a fee | 11 | | of $25. | 12 | | (y) Other fees. Any fees not covered in this Section shall | 13 | | be set by rule or administrative order of the circuit court | 14 | | with the approval of the Administrative Office of the Illinois | 15 | | Courts. The clerk of the circuit court may provide services in | 16 | | connection with the operation of the clerk's office, other than | 17 | | those services mentioned in this Section, as may be requested | 18 | | by the public and agreed to by the clerk and approved by the | 19 | | Chief Judge. Any charges for additional services shall be as | 20 | | agreed to between the clerk and the party making the request | 21 | | and approved by the Chief Judge. Nothing in this subsection | 22 | | shall be construed to require any clerk to provide any service | 23 | | not otherwise required by law. | 24 | | (y-5) Unpaid fees. Unless a court ordered payment schedule | 25 | | is implemented or the fee
requirements of this Section are | 26 | | waived under a court order, the clerk of
the circuit court may |
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| 1 | | add to any unpaid fees and costs under this Section a | 2 | | delinquency
amount equal to 5% of the unpaid fees that remain | 3 | | unpaid after 30 days, 10% of
the unpaid fees that remain unpaid | 4 | | after 60 days, and 15% of the unpaid fees
that remain unpaid | 5 | | after 90 days. Notice to those parties may be made by
signage | 6 | | posting or publication. The additional delinquency amounts | 7 | | collected under this Section shall
be deposited into the | 8 | | Circuit Court Clerk Operations and Administration Fund and used | 9 | | to defray additional administrative costs incurred by the clerk | 10 | | of the
circuit court in collecting unpaid fees and costs. | 11 | | (z) Exceptions. | 12 | | (1) No fee authorized by this Section shall apply to: | 13 | | (A) police departments or other law enforcement | 14 | | agencies. In this Section, "law enforcement agency" | 15 | | means: an agency of the State or agency of a unit of | 16 | | local government which is vested by law or ordinance | 17 | | with the duty to maintain public order and to enforce | 18 | | criminal laws or ordinances; the Attorney General; or | 19 | | any State's Attorney; | 20 | | (A-5) any unit of local government or school | 21 | | district, except in counties having a population of | 22 | | 500,000 or more the county board may by resolution set | 23 | | fees for units of local government or school districts | 24 | | no greater than the minimum fees applicable in counties | 25 | | with a population less than 3,000,000; provided | 26 | | however, no fee may be charged to any unit of local |
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| 1 | | government or school district in connection with any | 2 | | action which, in whole or in part, is: (i) to enforce | 3 | | an ordinance; (ii) to collect a debt; or (iii) under | 4 | | the Administrative Review Law; | 5 | | (B) any action instituted by the corporate | 6 | | authority of a municipality with more than 1,000,000 | 7 | | inhabitants under Section 11-31-1 of the Illinois | 8 | | Municipal Code and any action instituted under | 9 | | subsection (b) of Section 11-31-1 of the Illinois | 10 | | Municipal Code by a private owner or tenant of real | 11 | | property within 1,200 feet of a dangerous or unsafe | 12 | | building seeking an order compelling the owner or | 13 | | owners of the building to take any of the actions | 14 | | authorized under that subsection; | 15 | | (C) any commitment petition or petition for an | 16 | | order authorizing the administration of psychotropic | 17 | | medication or electroconvulsive therapy under the | 18 | | Mental Health and Developmental Disabilities Code; | 19 | | (D) a petitioner in any order of protection | 20 | | proceeding, including, but not limited to, fees for | 21 | | filing, modifying, withdrawing, certifying, or | 22 | | photocopying petitions for orders of protection, | 23 | | issuing alias summons, any related filing service, or | 24 | | certifying, modifying, vacating, or photocopying any | 25 | | orders of protection; or | 26 | | (E) proceedings for the appointment of a |
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| 1 | | confidential intermediary under the Adoption Act. | 2 | | (2) No fee other than the filing fee contained in the | 3 | | applicable schedule in subsection (a) shall be charged to | 4 | | any person in connection with an adoption proceeding. | 5 | | (3) Upon good cause shown, the court may waive any fees | 6 | | associated with a special needs adoption. The term "special | 7 | | needs adoption" has the meaning provided by the Illinois | 8 | | Department of Children and Family Services. | 9 | | (aa) This Section is repealed on January 1, 2023 2022 .
| 10 | | (Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19; | 11 | | 100-1161, eff. 7-1-19; 101-645, eff. 6-26-20; revised | 12 | | 8-18-20.) | 13 | | (705 ILCS 105/27.1c) | 14 | | (Section scheduled to be repealed on January 1, 2022) | 15 | | Sec. 27.1c. Assessment report. | 16 | | (a) Not later than March 1, 2021, and March 1 of every year | 17 | | thereafter, February 29, 2020, the clerk of the circuit court | 18 | | shall submit to the Administrative Office of the Illinois | 19 | | Courts an annual a report for the period January 1 July 1, 2019 | 20 | | through December 31 of the previous year. The report shall | 21 | | contain, , 2019 containing, with respect to each of the 4 | 22 | | categories of civil cases established by the Supreme Court | 23 | | pursuant to Section 27.1b of this Act: | 24 | | (1) the total number of cases that were filed; | 25 | | (2) the amount of filing fees that were collected |
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| 1 | | pursuant to subsection (a) of Section 27.1b; | 2 | | (3) the amount of appearance fees that were collected | 3 | | pursuant to subsection (b) of Section 27.1b; | 4 | | (4) the amount of fees collected pursuant to subsection | 5 | | (b-5) of Section 27.1b; | 6 | | (5) the amount of filing fees collected for | 7 | | counterclaims or third party complaints pursuant to | 8 | | subsection (c) of Section 27.1b; | 9 | | (6) the nature and amount of any fees collected | 10 | | pursuant to subsection (y) of Section 27.1b; and | 11 | | (7) the number of cases for which, pursuant to Section | 12 | | 5-105 of the Code of Civil Procedure, there were waivers of | 13 | | fees, costs, and charges of 25%, 50%, 75%, or 100%, | 14 | | respectively, and the associated amount of fees, costs, and | 15 | | charges that were waived. | 16 | | (b) The Administrative Office of the Illinois Courts shall | 17 | | publish the reports submitted under this Section on its | 18 | | website. | 19 | | (c) (Blank). This Section is repealed on January 1, 2022.
| 20 | | (Source: P.A. 100-1161, eff. 7-1-19; 101-645, eff. 6-26-20.) | 21 | | Section 10-15. The Criminal and Traffic Assessment Act is | 22 | | amended by changing Sections 1-10 and 20-5 as follows: | 23 | | (705 ILCS 135/1-10) | 24 | | (Section scheduled to be repealed on January 1, 2022) |
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| 1 | | Sec. 1-10. Assessment reports. | 2 | | (a) Not later than March 1, 2021, and March 1 of every year | 3 | | thereafter, February 29, 2020, the clerk of the circuit court
| 4 | | shall file with the Administrative Office of the Illinois | 5 | | Courts: | 6 | | (1) an annual a report for the period January 1 July 1, | 7 | | 2019 through December 31 of the previous year , 2019 | 8 | | containing the total number of cases filed in the following | 9 | | categories: total felony cases; felony driving under the | 10 | | influence of alcohol, drugs, or a combination thereof; | 11 | | cases that contain at least one count of driving under the | 12 | | influence of alcohol, drugs, or a combination thereof; | 13 | | felony cases that contain at least one count of a drug | 14 | | offense; felony cases that contain at least one count of a | 15 | | sex offense; total misdemeanor cases; misdemeanor driving | 16 | | under the influence of alcohol, drugs, or a combination | 17 | | thereof cases; misdemeanor cases that contain at least one | 18 | | count of a drug offense; misdemeanor cases that contain at | 19 | | least one count of a sex offense; total traffic offense | 20 | | counts; traffic offense counts of a misdemeanor offense | 21 | | under the Illinois Vehicle Code; traffic offense counts of | 22 | | an overweight offense under the Illinois Vehicle Code; | 23 | | traffic offense counts that are satisfied under Supreme | 24 | | Court Rule 529; conservation cases; and ordinance cases | 25 | | that do not contain an offense under the Illinois Vehicle | 26 | | Code; |
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| 1 | | (2) an annual a report for the period January 1 July 1, | 2 | | 2019 through December 31 of the previous year , 2019 | 3 | | containing the following for each schedule referenced in | 4 | | Sections 15-5 through 15-70 of this Act: the number of | 5 | | offenses for which assessments were imposed; the amount of | 6 | | any fines imposed in addition to assessments; the number | 7 | | and amount of conditional assessments ordered pursuant to | 8 | | Section 15-70; and for 25%, 50%, 75%, and 100% waivers, | 9 | | respectively, the number of offenses for which waivers were | 10 | | granted and the associated amount of assessments that were | 11 | | waived; and | 12 | | (3) an annual a report for the period January 1 July 1, | 13 | | 2019 through December 31 of the previous year , 2019 | 14 | | containing, with respect to each schedule referenced in | 15 | | Sections 15-5 through 15-70 of this Act, the number of | 16 | | offenses for which assessments were collected; the number | 17 | | of offenses for which fines were collected and the amount | 18 | | collected; and how much was disbursed to each fund under | 19 | | the disbursement requirements for each schedule defined in | 20 | | Section 15-5. | 21 | | (b) The Administrative Office of the Illinois Courts shall | 22 | | publish the reports submitted under this Section on its | 23 | | website. | 24 | | (c) A list of offenses that qualify as drug offenses for | 25 | | Schedules 3 and 7 and a list of offenses that qualify as sex | 26 | | offenses for Schedules 4 and 8 shall be distributed to clerks |
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| 1 | | of the circuit court by the Administrative Office of the | 2 | | Illinois Courts.
| 3 | | (Source: P.A. 100-1161, eff. 7-1-19 .) | 4 | | (705 ILCS 135/20-5)
| 5 | | (Section scheduled to be repealed on January 1, 2022) | 6 | | Sec. 20-5. Repeal. This Act is repealed on January 1, 2023 | 7 | | 2022 .
| 8 | | (Source: P.A. 100-987, eff. 7-1-19; 101-645, eff. 6-26-20.) | 9 | | Article 15. | 10 | | Section 15-5. The Code of Civil Procedure is amended by | 11 | | changing Section 2-1001A as follows:
| 12 | | (735 ILCS 5/2-1001A) (from Ch. 110, par. 2-1001A)
| 13 | | Sec. 2-1001A. Authorization. The Supreme Court of | 14 | | Illinois, by rule,
may provide for mandatory arbitration of | 15 | | such civil actions as the Court
deems appropriate in order to | 16 | | expedite in a less costly manner any
litigation wherein a party | 17 | | asserts a claim not exceeding $75,000 $50,000 or any
lesser | 18 | | amount as authorized by the Supreme Court for a particular | 19 | | Circuit,
or a judge of the
circuit court, at a pretrial | 20 | | conference, determines that no greater amount than
that | 21 | | authorized for the Circuit appears to be genuinely in | 22 | | controversy.
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| 1 | | (Source: P.A. 88-108.)
| 2 | | Article 99. | 3 | | Section 99-99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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