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92_SB0357 LRB9207504MWmb 1 AN ACT concerning court filing fees. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Clerks of Courts Act is amended by 5 changing Sections 27.1, 27.1a, 27.2, 27.2a, and 27.5 as 6 follows: 7 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1) 8 Sec. 27.1. The fees of the Clerk of the Circuit Court in 9 all counties having a population of 180,000 inhabitants or 10 less shall be paid in advance, except as otherwise provided, 11 and shall be as follows: 12 (a) Civil Cases. 13 (1) All civil cases except as otherwise 14 provided........................................... $40 15 (2) Judicial Sales (except Probate).......... $40 16 (b) Family. 17 (1) Commitment petitions under the Mental 18 Health and Developmental Disabilities Code, filing 19 transcript of commitment proceedings held in 20 another county, and cases under the Juvenile Court 21 Act of 1987........................................ $25 22 (2) Petition for Marriage Licenses........... $10 23 (3) Marriages in Court....................... $10 24 (4) Paternity................................ $40 25 (c) Criminal and Quasi-Criminal. 26 (1) Each person convicted of a felony........ $40 27 (2) Each person convicted of a misdemeanor, 28 leaving scene of an accident, driving while 29 intoxicated, reckless driving or drag racing, 30 driving when license revoked or suspended, 31 overweight, or no interstate commerce certificate, -2- LRB9207504MWmb 1 or when the disposition is court supervision....... $25 2 (3) Each person convicted of a business 3 offense............................................ $25 4 (4) Each person convicted of a petty offense. $25 5 (5) Minor traffic, conservation, or 6 ordinance violation, including 7 without limitation when the disposition is 8 court supervision: 9 (i) For each offense.................... $10 10 (ii) For each notice sent to the 11 defendant's last known address pursuant to 12 subsection (c) of Section 6-306.4 of the Illinois 13 Vehicle Code....................................... $2 14 (iii) For each notice sent to the 15 Secretary of State pursuant to subsection (c) of 16 Section 6-306.4 of the Illinois Vehicle Code....... $2 17 (6) When Court Appearance required........... $15 18 (7) Motions to vacate or amend final orders.. $10 19 (8) In ordinance violation cases punishable 20 by fine only, the clerk of the circuit court shall 21 be entitled to receive, unless the fee is excused 22 upon a finding by the court that the defendant is 23 indigent, in addition to other fees or costs 24 allowed or imposed by law, the sum of $62.50 as a 25 fee for the services of a jury. The jury fee shall 26 be paid by the defendant at the time of filing his 27 or her jury demand. If the fee is not so paid by 28 the defendant, no jury shall be called, and the 29 case shall be tried by the court without a jury. 30 (d) Other Civil Cases. 31 (1) Money or personal property claimed does 32 not exceed $500.................................... $10 33 (2) Exceeds $500 but not more than $10,000... $25 34 (3) Exceeds $10,000, when relief in addition -3- LRB9207504MWmb 1 to or supplemental to recovery of money alone is 2 sought in an action to recover personal property 3 taxes or retailers occupational tax regardless of 4 amount claimed..................................... $45 5 (4) The Clerk of the Circuit Court shall be 6 entitled to receive, in addition to other fees 7 allowed by law, the sum of $62.50, as a fee for the 8 services of a jury in every civil action not 9 quasi-criminal in its nature and not a proceeding 10 for the exercise of the right of eminent domain, 11 and in every equitable action wherein the right of 12 trial by jury is or may be given by law. The jury 13 fee shall be paid by the party demanding a jury at 14 the time of filing his jury demand. If such a fee 15 is not paid by either party, no jury shall be 16 called in the action, suit, or proceeding, and the 17 same shall be tried by the court without a jury. 18 (e) Confession of judgment and answer. 19 (1) When the amount does not exceed $1,000... $20 20 (2) Exceeds $1,000........................... $40 21 (f) Auxiliary Proceedings. 22 Any auxiliary proceeding relating to the 23 collection of a money judgment, including 24 garnishment, citation, or wage deduction action.... $5 25 (g) Forcible entry and detainer. 26 (1) For possession only or possession and 27 rent not in excess of $10,000...................... $10 28 (2) For possession and rent in excess of 29 $10,000............................................ $40 30 (h) Eminent Domain. 31 (1) Exercise of Eminent Domain............... $45 32 (2) For each and every lot or tract of land 33 or right or interest therein subject to be 34 condemned, the damages in respect to which shall -4- LRB9207504MWmb 1 require separate assessments by a jury............. $45 2 (i) Reinstatement. 3 Each case including petition for modification 4 of a judgment or order of Court if filed later than 5 30 days after the entry of a judgment or order, 6 except in forcible entry and detainer cases and 7 small claims and except a petition to modify, 8 terminate, or enforce a judgement or order for 9 child or spousal support or to modify, suspend, or 10 terminate an order for withholding, petition to 11 vacate judgment of dismissal for want of 12 prosecution whenever filed, petition to reopen an 13 estate, or redocketing of any cause................ $20 14 (j) Probate. 15 (1) Administration of decedent's estates, 16 whether testate or intestate, guardianships of the 17 person or estate or both of a person under legal 18 disability, guardianships of the person or estate 19 or both of a minor or minors, or petitions to sell 20 real estate in the administration of any estate.... $50 21 (2) Small estates in cases where the real and 22 personal property of an estate does not exceed 23 $5,000............................................. $25 24 (3) At any time during the administration of 25 the estate, however, at the request of the Clerk, 26 the Court shall examine the record of the estate 27 and the personal representative to determine the 28 total value of the real and personal property of 29 the estate, and if such value exceeds $5,000 shall 30 order the payment of an additional fee in the 31 amount of.......................................... $40 32 (4) Inheritance tax proceedings.............. $15 33 (5) Issuing letters only for a certain 34 specific reason other than the administration of an -5- LRB9207504MWmb 1 estate, including but not limited to the release of 2 mortgage; the issue of letters of guardianship in 3 order that consent to marriage may be granted or 4 for some other specific reason other than for the 5 care of property or person; proof of heirship 6 without administration; or when a will is to be 7 admitted to probate, but the estate is to be 8 settled without administration..................... $10 9 (6) When a separate complaint relating to any 10 matter other than a routine claim is filed in an 11 estate, the required additional fee shall be 12 charged for such filing............................ $45 13 (k) Change of Venue. 14 From a court, the charge is the same amount as 15 the original filing fee; however, the fee for 16 preparation and certification of record on change 17 of venue, when original documents or copies are 18 forwarded.......................................... $10 19 (l) Answer, adverse pleading, or appearance. 20 In civil cases................................ $15 21 With the following exceptions: 22 (1) When the amount does not exceed $500..... $5 23 (2) When amount exceeds $500 but not $10,000. $10 24 (3) When amount exceeds $10,000.............. $15 25 (4) Court appeals when documents are 26 forwarded, over 200 pages, additional fee per page 27 over 200........................................... 10¢ 28 (m) Tax objection complaints. 29 For each tax objection complaint containing 30 one or more tax objections, regardless of the 31 number of parcels involved or the number of 32 taxpayers joining the complaint.................... $10 33 (n) Tax deed. 34 (1) Petition for tax deed, if only one parcel -6- LRB9207504MWmb 1 is involved........................................ $45 2 (2) For each additional parcel involved, an 3 additional fee of.................................. $10 4 (o) Mailing Notices and Processes. 5 (1) All notices that the clerk is required to 6 mail as first class mail........................... $2 7 (2) For all processes or notices the Clerk is 8 required to mail by certified or registered mail, 9 the fee will be $2 plus cost of postage. 10 (p) Certification or Authentication. 11 (1) Each certification or authentication for 12 taking the acknowledgement of a deed or other 13 instrument in writing with seal of office.......... $2 14 (2) Court appeals when original documents are 15 forwarded, 100 pages or under, plus delivery costs. $25 16 (3) Court appeals when original documents are 17 forwarded, over 100 pages, plus delivery costs..... $60 18 (4) Court appeals when original documents are 19 forwarded, over 200 pages, additional fee per page 20 over 200........................................... 10¢ 21 (q) Reproductions. 22 Each record of proceedings and judgment, 23 whether on appeal, change of venue, certified 24 copies of orders and judgments, and all other 25 instruments, documents, records, or papers: 26 (1) First page.......................... $1 27 (2) Next 19 pages, per page............. 50¢ 28 (3) All remaining pages, per page....... 25¢ 29 (r) Counterclaim. 30 When any defendant files a counterclaim as 31 part of his or her answer or otherwise, or joins 32 another party as a third party defendant, or both, 33 he or she shall pay a fee for each such 34 counterclaim or third party action in an amount -7- LRB9207504MWmb 1 equal to the fee he or she would have had to pay 2 had he or she brought a separate action for the 3 relief sought in the counterclaim or against the 4 third party defendant, less the amount of the 5 appearance fee, if that has been paid. 6 (s) Transcript of Judgment. 7 From a court, the same fee as if case 8 originally filed. 9 (t) Publications. 10 The cost of publication shall be paid directly 11 to the publisher by the person seeking the 12 publication, whether the clerk is required by law 13 to publish, or the parties to the action. 14 (u) Collections. 15 (1) For all collections made for others, 16 except the State and County and except in 17 maintenance or child support cases, a sum equal to 18 2% of the amount collected and turned over. 19 (2) In any cases remanded to the Circuit 20 Court from the Supreme Court or the Appellate 21 Court, the Clerk shall file the remanding order and 22 reinstate the case with either its original number 23 or a new number. The Clerk shall not charge any 24 new or additional fee for the reinstatement. Upon 25 reinstatement the Clerk shall advise the parties of 26 the reinstatement. A party shall have the same 27 right to a jury trial on remand and reinstatement 28 as he or she had before the appeal, and no 29 additional or new fee or charge shall be made for a 30 jury trial after remand. 31 (3) In maintenance and child support matters, 32 the Clerk may deduct from each payment an amount 33 equal to the United States postage to be used in 34 mailing the maintenance or child support check to -8- LRB9207504MWmb 1 the recipient. In such cases, the Clerk shall 2 collect an annual fee of up to $36 from the person 3 making such payment for maintaining child support 4 records and the processing of support orders to the 5 State of Illinois KIDS system and the recording of 6 payments issued by the State Disbursement Unit for 7 the official record of the Court. Such sum shall be 8 in addition to and separate from amounts ordered to 9 be paid as maintenance or child support and shall 10 be deposited in a separate Maintenance and Child 11 Support Collection Fund of which the Clerk shall be 12 the custodian, ex officio, to be used by the Clerk 13 to maintain child support orders and record all 14 payments issued by the State Disbursement Unit for 15 the official record of the Court. Unless paid in 16 cash or pursuant to an order for withholding, the 17 payment of the fee shall be by a separate 18 instrument from the support payment and shall be 19 made to the order of the Clerk. The Clerk may 20 recover from the person making the maintenance or 21 child support payment any additional cost incurred 22 in the collection of this annual fee. 23 (4) Interest earned on any funds held by the 24 clerk shall be turned over to the county general 25 fund as an earning of the office. 26 The Clerk shall also be entitled to a fee of 27 $5 for certifications made to the Secretary of 28 State as provided in Section 7-703 of the Family 29 Financial Responsibility Law and these fees shall 30 also be deposited into the Separate Maintenance and 31 Child Support Collection Fund. 32 (v) Correction of Cases. 33 For correcting the case number or case title 34 on any document filed in his office, to be charged -9- LRB9207504MWmb 1 against the party that filed the document.......... $10 2 (w) Record Search. 3 For searching a record, per year searched..... $4 4 (x) Printed Output. 5 For each page of hard copy print output, when 6 case records are maintained on an automated medium. $2 7 (y) Alias Summons. 8 For each alias summons issued................. $2 9 (z) Expungement of Records. 10 For each expungement petition filed........... $15 11 (aa) Other Fees. 12 Any fees not covered by this Section shall be set by 13 rule or administrative order of the Circuit Court, with 14 the approval of the Supreme Court. 15 (bb) Exemptions. 16 No fee provided for herein shall be charged to any 17 unit of State or local government or school district 18 unless the Court orders another party to pay such fee on 19 its behalf. The fee requirements of this Section shall 20 not apply to police departments or other law enforcement 21 agencies. In this Section, "law enforcement agency" 22 means an agency of the State or a unit of local 23 government that is vested by law or ordinance with the 24 duty to maintain public order and to enforce criminal 25 laws and ordinances. The fee requirements of this Section 26 shall not apply to any action instituted under subsection 27 (b) of Section 11-31-1 of the Illinois Municipal Code by 28 a private owner or tenant of real property within 1200 29 feet of a dangerous or unsafe building seeking an order 30 compelling the owner or owners of the building to take 31 any of the actions authorized under that subsection. 32 (cc) Adoptions. 33 (1) For an adoption.............................$65 34 (2) Upon good cause shown, the court may waive the -10- LRB9207504MWmb 1 adoption filing fee in a special needs adoption. The 2 term "special needs adoption" shall have the meaning 3 ascribed to it by the Illinois Department of Children and 4 Family Services. 5 (dd) Adoption exemptions. 6 No fee other than that set forth in subsection (cc) 7 shall be charged to any person in connection with an 8 adoption proceeding. 9 (ee) Additional Services. 10 Beginning July 1, 1993, the clerk of the circuit 11 court may provide such additional services for which 12 there is no fee specified by statute in connection with 13 the operation of the clerk's office as may be requested 14 by the public and agreed to by the public and by the 15 clerk and approved by the chief judge of the circuit 16 court. Any charges for additional services shall be as 17 agreed to between the clerk and the party making the 18 request and approved by the chief judge of the circuit 19 court. Nothing in this subsection shall be construed to 20 require any clerk to provide any service not otherwise 21 required by law. 22 (ff) Driving while intoxicated. 23 In addition to any other fee required under this 24 Section, the clerk of the court must collect a $2 fee in 25 connection with proceedings for violations of Section 26 11-501 of the Illinois Vehicle Code. The fees collected 27 under this subsection must be remitted to the State 28 Treasurer for deposit into the Spinal Cord Injury 29 Paralysis Cure Research Trust Fund. 30 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 31 91-165, eff. 7-16-99; 91-321, eff. 1-1-00; 91-357, eff. 32 7-29-99; 91-612, eff. 10-1-99; revised 10-26-99.) 33 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a) -11- LRB9207504MWmb 1 Sec. 27.1a. The fees of the clerks of the circuit court 2 in all counties having a population in excess of 180,000 but 3 not more than 650,000 inhabitants in the instances described 4 in this Section shall be as provided in this Section. The 5 fees shall be paid in advance and shall be as follows: 6 (a) Civil Cases. 7 The fee for filing a complaint, petition, or other 8 pleading initiating a civil action, with the following 9 exceptions, shall be $150. 10 (A) When the amount of money or damages or the 11 value of personal property claimed does not exceed 12 $250, $10. 13 (B) When that amount exceeds $250 but does not 14 exceed $500, $20. 15 (C) When that amount exceeds $500 but does not 16 exceed $2500, $30. 17 (D) When that amount exceeds $2500 but does 18 not exceed $15,000, $75. 19 (E) For the exercise of eminent domain, $150. 20 For each additional lot or tract of land or right or 21 interest therein subject to be condemned, the 22 damages in respect to which shall require separate 23 assessment by a jury, $150. 24 (a-1) Family. 25 For filing a petition under the Juvenile Court Act 26 of 1987, $25. 27 For filing a petition for a marriage license, $10. 28 For performing a marriage in court, $10. 29 For filing a petition under the Illinois Parentage 30 Act of 1984, $40. 31 (b) Forcible Entry and Detainer. 32 In each forcible entry and detainer case when the 33 plaintiff seeks possession only or unites with his or her 34 claim for possession of the property a claim for rent or -12- LRB9207504MWmb 1 damages or both in the amount of $15,000 or less, $40. 2 When the plaintiff unites his or her claim for possession 3 with a claim for rent or damages or both exceeding 4 $15,000, $150. 5 (c) Counterclaim or Joining Third Party Defendant. 6 When any defendant files a counterclaim as part of 7 his or her answer or otherwise or joins another party as 8 a third party defendant, or both, the defendant shall pay 9 a fee for each counterclaim or third party action in an 10 amount equal to the fee he or she would have had to pay 11 had he or she brought a separate action for the relief 12 sought in the counterclaim or against the third party 13 defendant, less the amount of the appearance fee, if that 14 has been paid. 15 (d) Confession of Judgment. 16 In a confession of judgment when the amount does not 17 exceed $1500, $50. When the amount exceeds $1500, but 18 does not exceed $15,000, $115. When the amount exceeds 19 $15,000, $200. 20 (e) Appearance. 21 The fee for filing an appearance in each civil case 22 shall be $50, except as follows: 23 (A) When the plaintiff in a forcible entry and 24 detainer case seeks possession only, $20. 25 (B) When the amount in the case does not 26 exceed $1500, $20. 27 (C) When that amount exceeds $1500 but does 28 not exceed $15,000, $40. 29 (f) Garnishment, Wage Deduction, and Citation. 30 In garnishment affidavit, wage deduction affidavit, 31 and citation petition when the amount does not exceed 32 $1,000, $10; when the amount exceeds $1,000 but does not 33 exceed $5,000, $20; and when the amount exceeds $5,000, 34 $30. -13- LRB9207504MWmb 1 (g) Petition to Vacate or Modify. 2 (1) Petition to vacate or modify any final judgment 3 or order of court, except in forcible entry and detainer 4 cases and small claims cases or a petition to reopen an 5 estate, to modify, terminate, or enforce a judgment or 6 order for child or spousal support, or to modify, 7 suspend, or terminate an order for withholding, if filed 8 before 30 days after the entry of the judgment or order, 9 $40. 10 (2) Petition to vacate or modify any final judgment 11 or order of court, except a petition to modify, 12 terminate, or enforce a judgment or order for child or 13 spousal support or to modify, suspend, or terminate an 14 order for withholding, if filed later than 30 days after 15 the entry of the judgment or order, $60. 16 (3) Petition to vacate order of bond forfeiture, 17 $20. 18 (h) Mailing. 19 When the clerk is required to mail, the fee will be 20 $6, plus the cost of postage. 21 (i) Certified Copies. 22 Each certified copy of a judgment after the first, 23 except in small claims and forcible entry and detainer 24 cases, $10. 25 (j) Habeas Corpus. 26 For filing a petition for relief by habeas corpus, 27 $80. 28 (k) Certification, Authentication, and Reproduction. 29 (1) Each certification or authentication for taking 30 the acknowledgment of a deed or other instrument in 31 writing with the seal of office, $4. 32 (2) Court appeals when original documents are 33 forwarded, under 100 pages, plus delivery and costs, $50. 34 (3) Court appeals when original documents are -14- LRB9207504MWmb 1 forwarded, over 100 pages, plus delivery and costs, $120. 2 (4) Court appeals when original documents are 3 forwarded, over 200 pages, an additional fee of 20 cents 4 per page. 5 (5) For reproduction of any document contained in 6 the clerk's files: 7 (A) First page, $2. 8 (B) Next 19 pages, 50 cents per page. 9 (C) All remaining pages, 25 cents per page. 10 (l) Remands. 11 In any cases remanded to the Circuit Court from the 12 Supreme Court or the Appellate Court for a new trial, the 13 clerk shall file the remanding order and reinstate the 14 case with either its original number or a new number. The 15 Clerk shall not charge any new or additional fee for the 16 reinstatement. Upon reinstatement the Clerk shall advise 17 the parties of the reinstatement. A party shall have the 18 same right to a jury trial on remand and reinstatement as 19 he or she had before the appeal, and no additional or new 20 fee or charge shall be made for a jury trial after 21 remand. 22 (m) Record Search. 23 For each record search, within a division or 24 municipal district, the clerk shall be entitled to a 25 search fee of $4 for each year searched. 26 (n) Hard Copy. 27 For each page of hard copy print output, when case 28 records are maintained on an automated medium, the clerk 29 shall be entitled to a fee of $4. 30 (o) Index Inquiry and Other Records. 31 No fee shall be charged for a single 32 plaintiff/defendant index inquiry or single case record 33 inquiry when this request is made in person and the 34 records are maintained in a current automated medium, and -15- LRB9207504MWmb 1 when no hard copy print output is requested. The fees to 2 be charged for management records, multiple case records, 3 and multiple journal records may be specified by the 4 Chief Judge pursuant to the guidelines for access and 5 dissemination of information approved by the Supreme 6 Court. 7 (p) Commitment Petitions. 8 For filing commitment petitions under the Mental 9 Health and Developmental Disabilities Code and for filing 10 a transcript of commitment proceedings held in another 11 county, $25. 12 (q) Alias Summons. 13 For each alias summons or citation issued by the 14 clerk, $4. 15 (r) Other Fees. 16 Any fees not covered in this Section shall be set by 17 rule or administrative order of the Circuit Court with 18 the approval of the Administrative Office of the Illinois 19 Courts. 20 The clerk of the circuit court may provide 21 additional services for which there is no fee specified 22 by statute in connection with the operation of the 23 clerk's office as may be requested by the public and 24 agreed to by the clerk and approved by the chief judge of 25 the circuit court. Any charges for additional services 26 shall be as agreed to between the clerk and the party 27 making the request and approved by the chief judge of the 28 circuit court. Nothing in this subsection shall be 29 construed to require any clerk to provide any service not 30 otherwise required by law. 31 (s) Jury Services. 32 The clerk shall be entitled to receive, in addition 33 to other fees allowed by law, the sum of $192.50, as a 34 fee for the services of a jury in every civil action not -16- LRB9207504MWmb 1 quasi-criminal in its nature and not a proceeding for the 2 exercise of the right of eminent domain and in every 3 other action wherein the right of trial by jury is or may 4 be given by law. The jury fee shall be paid by the party 5 demanding a jury at the time of filing the jury demand. 6 If the fee is not paid by either party, no jury shall be 7 called in the action or proceeding, and the same shall be 8 tried by the court without a jury. 9 (t) Voluntary Assignment. 10 For filing each deed of voluntary assignment, $10; 11 for recording the same, 25¢ for each 100 words. 12 Exceptions filed to claims presented to an assignee of a 13 debtor who has made a voluntary assignment for the 14 benefit of creditors shall be considered and treated, for 15 the purpose of taxing costs therein, as actions in which 16 the party or parties filing the exceptions shall be 17 considered as party or parties plaintiff, and the 18 claimant or claimants as party or parties defendant, and 19 those parties respectively shall pay to the clerk the 20 same fees as provided by this Section to be paid in other 21 actions. 22 (u) Expungement Petition. 23 The clerk shall be entitled to receive a fee of $30 24 for each expungement petition filed and an additional fee 25 of $2 for each certified copy of an order to expunge 26 arrest records. 27 (v) Probate. 28 The clerk is entitled to receive the fees specified in 29 this subsection (v), which shall be paid in advance, except 30 that, for good cause shown, the court may suspend, reduce, or 31 release the costs payable under this subsection: 32 (1) For administration of the estate of a decedent 33 (whether testate or intestate) or of a missing person, 34 $100, plus the fees specified in subsection (v)(3), -17- LRB9207504MWmb 1 except: 2 (A) When the value of the real and personal 3 property does not exceed $15,000, the fee shall be 4 $25. 5 (B) When (i) proof of heirship alone is made, 6 (ii) a domestic or foreign will is admitted to 7 probate without administration (including proof of 8 heirship), or (iii) letters of office are issued for 9 a particular purpose without administration of the 10 estate, the fee shall be $25. 11 (2) For administration of the estate of a ward, 12 $50, plus the fees specified in subsection (v)(3), 13 except: 14 (A) When the value of the real and personal 15 property does not exceed $15,000, the fee shall be 16 $25. 17 (B) When (i) letters of office are issued to a 18 guardian of the person or persons, but not of the 19 estate or (ii) letters of office are issued in the 20 estate of a ward without administration of the 21 estate, including filing or joining in the filing of 22 a tax return or releasing a mortgage or consenting 23 to the marriage of the ward, the fee shall be $10. 24 (3) In addition to the fees payable under 25 subsection (v)(1) or (v)(2) of this Section, the 26 following fees are payable: 27 (A) For each account (other than one final 28 account) filed in the estate of a decedent, or ward, 29 $15. 30 (B) For filing a claim in an estate when the 31 amount claimed is $150 or more but less than $500, 32 $10; when the amount claimed is $500 or more but 33 less than $10,000, $25; when the amount claimed is 34 $10,000 or more, $40; provided that the court in -18- LRB9207504MWmb 1 allowing a claim may add to the amount allowed the 2 filing fee paid by the claimant. 3 (C) For filing in an estate a claim, petition, 4 or supplemental proceeding based upon an action 5 seeking equitable relief including the construction 6 or contest of a will, enforcement of a contract to 7 make a will, and proceedings involving testamentary 8 trusts or the appointment of testamentary trustees, 9 $40. 10 (D) For filing in an estate (i) the appearance 11 of any person for the purpose of consent or (ii) the 12 appearance of an executor, administrator, 13 administrator to collect, guardian, guardian ad 14 litem, or special administrator, no fee. 15 (E) Except as provided in subsection 16 (v)(3)(D), for filing the appearance of any person 17 or persons, $10. 18 (F) For each jury demand, $102.50. 19 (G) For disposition of the collection of a 20 judgment or settlement of an action or claim for 21 wrongful death of a decedent or of any cause of 22 action of a ward, when there is no other 23 administration of the estate, $30, less any amount 24 paid under subsection (v)(1)(B) or (v)(2)(B) except 25 that if the amount involved does not exceed $5,000, 26 the fee, including any amount paid under subsection 27 (v)(1)(B) or (v)(2)(B), shall be $10. 28 (H) For each certified copy of letters of 29 office, of court order or other certification, $1, 30 plus 50¢ per page in excess of 3 pages for the 31 document certified. 32 (I) For each exemplification, $1, plus the fee 33 for certification. 34 (4) The executor, administrator, guardian, -19- LRB9207504MWmb 1 petitioner, or other interested person or his or her 2 attorney shall pay the cost of publication by the clerk 3 directly to the newspaper. 4 (5) The person on whose behalf a charge is incurred 5 for witness, court reporter, appraiser, or other 6 miscellaneous fee shall pay the same directly to the 7 person entitled thereto. 8 (6) The executor, administrator, guardian, 9 petitioner, or other interested person or his or her 10 attorney shall pay to the clerk all postage charges 11 incurred by the clerk in mailing petitions, orders, 12 notices, or other documents pursuant to the provisions of 13 the Probate Act of 1975. 14 (w) Criminal and Quasi-Criminal Costs and Fees. 15 (1) The clerk shall be entitled to costs in all 16 criminal and quasi-criminal cases from each person 17 convicted or sentenced to supervision therein as follows: 18 (A) Felony complaints, $80. 19 (B) Misdemeanor complaints, $50. 20 (C) Business offense complaints, $50. 21 (D) Petty offense complaints, $50. 22 (E) Minor traffic or ordinance violations, 23 $20. 24 (F) When court appearance required, $30. 25 (G) Motions to vacate or amend final orders, 26 $20. 27 (H) Motions to vacate bond forfeiture orders, 28 $20. 29 (I) Motions to vacate ex parte judgments, 30 whenever filed, $20. 31 (J) Motions to vacate judgment on forfeitures, 32 whenever filed, $20. 33 (K) Motions to vacate "failure to appear" or 34 "failure to comply" notices sent to the Secretary of -20- LRB9207504MWmb 1 State, $20. 2 (2) In counties having a population in excess of 3 180,000 but not more than 650,000 inhabitants, when the 4 violation complaint is issued by a municipal police 5 department, the clerk shall be entitled to costs from 6 each person convicted therein as follows: 7 (A) Minor traffic or ordinance violations, 8 $10. 9 (B) When court appearance required, $15. 10 (3) In ordinance violation cases punishable by fine 11 only, the clerk of the circuit court shall be entitled to 12 receive, unless the fee is excused upon a finding by the 13 court that the defendant is indigent, in addition to 14 other fees or costs allowed or imposed by law, the sum of 15 $62.50 as a fee for the services of a jury. The jury fee 16 shall be paid by the defendant at the time of filing his 17 or her jury demand. If the fee is not so paid by the 18 defendant, no jury shall be called, and the case shall be 19 tried by the court without a jury. 20 (x) Transcripts of Judgment. 21 For the filing of a transcript of judgment, the 22 clerk shall be entitled to the same fee as if it were the 23 commencement of a new suit. 24 (y) Change of Venue. 25 (1) For the filing of a change of case on a change 26 of venue, the clerk shall be entitled to the same fee as 27 if it were the commencement of a new suit. 28 (2) The fee for the preparation and certification 29 of a record on a change of venue to another jurisdiction, 30 when original documents are forwarded, $25. 31 (z) Tax objection complaints. 32 For each tax objection complaint containing one or 33 more tax objections, regardless of the number of parcels 34 involved or the number of taxpayers joining on the -21- LRB9207504MWmb 1 complaint, $25. 2 (aa) Tax Deeds. 3 (1) Petition for tax deed, if only one parcel is 4 involved, $150. 5 (2) For each additional parcel, add a fee of $50. 6 (bb) Collections. 7 (1) For all collections made of others, except the 8 State and county and except in maintenance or child 9 support cases, a sum equal to 2.5% of the amount 10 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 18 clerk, if authorized by an ordinance of the county board, 19 may collect an annual fee of up to $36 from the person 20 making payment for maintaining child support records and 21 the processing of support orders to the State of Illinois 22 KIDS system and the recording of payments issued by the 23 State Disbursement Unit for the official record of the 24 Court. This fee shall be in addition to and separate 25 from amounts ordered to be paid as maintenance or child 26 support and shall be deposited into a Separate 27 Maintenance and Child Support Collection Fund, of which 28 the clerk shall be the custodian, ex-officio, to be used 29 by the clerk to maintain child support orders and record 30 all payments issued by the State Disbursement Unit for 31 the official record of the Court. The clerk may recover 32 from the person making the maintenance or child support 33 payment any additional cost incurred in the collection 34 of this annual fee. -22- LRB9207504MWmb 1 The clerk shall also be entitled to a fee of $5 for 2 certifications made to the Secretary of State as provided 3 in Section 7-703 of the Family Financial Responsibility 4 Law and these fees shall also be deposited into the 5 Separate Maintenance and Child Support Collection Fund. 6 (cc) Corrections of Numbers. 7 For correction of the case number, case title, or 8 attorney computer identification number, if required by 9 rule of court, on any document filed in the clerk's 10 office, to be charged against the party that filed the 11 document, $15. 12 (dd) Exceptions. 13 (1) The fee requirements of this Section shall not 14 apply to police departments or other law enforcement 15 agencies. In this Section, "law enforcement agency" 16 means an agency of the State or a unit of local 17 government which is vested by law or ordinance with the 18 duty to maintain public order and to enforce criminal 19 laws or ordinances. "Law enforcement agency" also means 20 the Attorney General or any state's attorney. 21 (2) No fee provided herein shall be charged to any 22 unit of local government or school district. 23 (3) The fee requirements of this Section shall not 24 apply to any action instituted under subsection (b) of 25 Section 11-31-1 of the Illinois Municipal Code by a 26 private owner or tenant of real property within 1200 feet 27 of a dangerous or unsafe building seeking an order 28 compelling the owner or owners of the building to take 29 any of the actions authorized under that subsection. 30 (ee) Adoptions. 31 (1) For an adoption.............................$65 32 (2) Upon good cause shown, the court may waive the 33 adoption filing fee in a special needs adoption. The 34 term "special needs adoption" shall have the meaning -23- LRB9207504MWmb 1 ascribed to it by the Illinois Department of Children and 2 Family Services. 3 (ff) Adoption exemptions. 4 No fee other than that set forth in subsection (ee) 5 shall be charged to any person in connection with an 6 adoption proceeding. 7 (gg) Driving while intoxicated. 8 In addition to any other fee required under this 9 Section, the clerk of the court must collect a $2 fee in 10 connection with proceedings for violations of Section 11 11-501 of the Illinois Vehicle Code. The fees collected 12 under this subsection must be remitted to the State 13 Treasurer for deposit into the Spinal Cord Injury 14 Paralysis Cure Research Trust Fund. 15 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 16 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.) 17 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2) 18 Sec. 27.2. The fees of the clerks of the circuit court 19 in all counties having a population in excess of 650,000 20 inhabitants but less than 3,000,000 inhabitants in the 21 instances described in this Section shall be as provided in 22 this Section. In addition, the fees provided in this Section 23 shall apply to all units of local government and school 24 districts in counties with more than 3,000,000 inhabitants. 25 The fees shall be paid in advance and shall be as follows: 26 (a) Civil Cases. 27 The fee for filing a complaint, petition, or other 28 pleading initiating a civil action, with the following 29 exceptions, shall be $150. 30 (A) When the amount of money or damages or the 31 value of personal property claimed does not exceed 32 $250, $10. 33 (B) When that amount exceeds $250 but does not -24- LRB9207504MWmb 1 exceed $500, $20. 2 (C) When that amount exceeds $500 but does not 3 exceed $2500, $30. 4 (D) When that amount exceeds $2500 but does 5 not exceed $15,000, $75. 6 (E) For the exercise of eminent domain, $150. 7 For each additional lot or tract of land or right or 8 interest therein subject to be condemned, the 9 damages in respect to which shall require separate 10 assessment by a jury, $150. 11 (b) Forcible Entry and Detainer. 12 In each forcible entry and detainer case when the 13 plaintiff seeks possession only or unites with his or her 14 claim for possession of the property a claim for rent or 15 damages or both in the amount of $15,000 or less, $40. 16 When the plaintiff unites his or her claim for possession 17 with a claim for rent or damages or both exceeding 18 $15,000, $150. 19 (c) Counterclaim or Joining Third Party Defendant. 20 When any defendant files a counterclaim as part of 21 his or her answer or otherwise or joins another party as 22 a third party defendant, or both, the defendant shall pay 23 a fee for each counterclaim or third party action in an 24 amount equal to the fee he or she would have had to pay 25 had he or she brought a separate action for the relief 26 sought in the counterclaim or against the third party 27 defendant, less the amount of the appearance fee, if that 28 has been paid. 29 (d) Confession of Judgment. 30 In a confession of judgment when the amount does not 31 exceed $1500, $50. When the amount exceeds $1500, but 32 does not exceed $15,000, $115. When the amount exceeds 33 $15,000, $200. 34 (e) Appearance. -25- LRB9207504MWmb 1 The fee for filing an appearance in each civil case 2 shall be $50, except as follows: 3 (A) When the plaintiff in a forcible entry and 4 detainer case seeks possession only; $20. 5 (B) When the amount in the case does not 6 exceed $1500, $20. 7 (C) When that amount exceeds $1500 but does 8 not exceed $15,000, $40. 9 (f) Garnishment, Wage Deduction, and Citation. 10 In garnishment affidavit, wage deduction affidavit, 11 and citation petition when the amount does not exceed 12 $1,000, $10; when the amount exceeds $1,000 but does not 13 exceed $5,000, $20; and when the amount exceeds $5,000, 14 $30. 15 (g) Petition to Vacate or Modify. 16 (1) Petition to vacate or modify any final judgment 17 or order of court, except in forcible entry and detainer 18 cases and small claims cases or a petition to reopen an 19 estate, to modify, terminate, or enforce a judgment or 20 order for child or spousal support, or to modify, 21 suspend, or terminate an order for withholding, if filed 22 before 30 days after the entry of the judgment or order, 23 $40. 24 (2) Petition to vacate or modify any final judgment 25 or order of court, except a petition to modify, 26 terminate, or enforce a judgment or order for child or 27 spousal support or to modify, suspend, or terminate an 28 order for withholding, if filed later than 30 days after 29 the entry of the judgment or order, $60. 30 (3) Petition to vacate order of bond forfeiture, 31 $20. 32 (h) Mailing. 33 When the clerk is required to mail, the fee will be 34 $6, plus the cost of postage. -26- LRB9207504MWmb 1 (i) Certified Copies. 2 Each certified copy of a judgment after the first, 3 except in small claims and forcible entry and detainer 4 cases, $10. 5 (j) Habeas Corpus. 6 For filing a petition for relief by habeas corpus, 7 $80. 8 (k) Certification, Authentication, and Reproduction. 9 (1) Each certification or authentication for taking 10 the acknowledgment of a deed or other instrument in 11 writing with the seal of office, $4. 12 (2) Court appeals when original documents are 13 forwarded, under 100 pages, plus delivery and costs, $50. 14 (3) Court appeals when original documents are 15 forwarded, over 100 pages, plus delivery and costs, $120. 16 (4) Court appeals when original documents are 17 forwarded, over 200 pages, an additional fee of 20 cents 18 per page. 19 (5) For reproduction of any document contained in 20 the clerk's files: 21 (A) First page, $2. 22 (B) Next 19 pages, 50 cents per page. 23 (C) All remaining pages, 25 cents per page. 24 (l) Remands. 25 In any cases remanded to the Circuit Court from the 26 Supreme Court or the Appellate Court for a new trial, the 27 clerk shall file the remanding order and reinstate the 28 case with either its original number or a new number. 29 The Clerk shall not charge any new or additional fee for 30 the reinstatement. Upon reinstatement the Clerk shall 31 advise the parties of the reinstatement. A party shall 32 have the same right to a jury trial on remand and 33 reinstatement as he or she had before the appeal, and no 34 additional or new fee or charge shall be made for a jury -27- LRB9207504MWmb 1 trial after remand. 2 (m) Record Search. 3 For each record search, within a division or 4 municipal district, the clerk shall be entitled to a 5 search fee of $4 for each year searched. 6 (n) Hard Copy. 7 For each page of hard copy print output, when case 8 records are maintained on an automated medium, the clerk 9 shall be entitled to a fee of $4. 10 (o) Index Inquiry and Other Records. 11 No fee shall be charged for a single 12 plaintiff/defendant index inquiry or single case record 13 inquiry when this request is made in person and the 14 records are maintained in a current automated medium, and 15 when no hard copy print output is requested. The fees to 16 be charged for management records, multiple case records, 17 and multiple journal records may be specified by the 18 Chief Judge pursuant to the guidelines for access and 19 dissemination of information approved by the Supreme 20 Court. 21 (p) Commitment Petitions. 22 For filing commitment petitions under the Mental 23 Health and Developmental Disabilities Code, $25. 24 (q) Alias Summons. 25 For each alias summons or citation issued by the 26 clerk, $4. 27 (r) Other Fees. 28 Any fees not covered in this Section shall be set by 29 rule or administrative order of the Circuit Court with 30 the approval of the Administrative Office of the Illinois 31 Courts. 32 The clerk of the circuit court may provide 33 additional services for which there is no fee specified 34 by statute in connection with the operation of the -28- LRB9207504MWmb 1 clerk's office as may be requested by the public and 2 agreed to by the clerk and approved by the chief judge of 3 the circuit court. Any charges for additional services 4 shall be as agreed to between the clerk and the party 5 making the request and approved by the chief judge of the 6 circuit court. Nothing in this subsection shall be 7 construed to require any clerk to provide any service not 8 otherwise required by law. 9 (s) Jury Services. 10 The clerk shall be entitled to receive, in addition 11 to other fees allowed by law, the sum of $192.50, as a 12 fee for the services of a jury in every civil action not 13 quasi-criminal in its nature and not a proceeding for the 14 exercise of the right of eminent domain and in every 15 other action wherein the right of trial by jury is or may 16 be given by law. The jury fee shall be paid by the party 17 demanding a jury at the time of filing the jury demand. 18 If the fee is not paid by either party, no jury shall be 19 called in the action or proceeding, and the same shall be 20 tried by the court without a jury. 21 (t) Voluntary Assignment. 22 For filing each deed of voluntary assignment, $10; 23 for recording the same, 25¢ for each 100 words. 24 Exceptions filed to claims presented to an assignee of a 25 debtor who has made a voluntary assignment for the 26 benefit of creditors shall be considered and treated, for 27 the purpose of taxing costs therein, as actions in which 28 the party or parties filing the exceptions shall be 29 considered as party or parties plaintiff, and the 30 claimant or claimants as party or parties defendant, and 31 those parties respectively shall pay to the clerk the 32 same fees as provided by this Section to be paid in other 33 actions. 34 (u) Expungement Petition. -29- LRB9207504MWmb 1 The clerk shall be entitled to receive a fee of $30 2 for each expungement petition filed and an additional fee 3 of $2 for each certified copy of an order to expunge 4 arrest records. 5 (v) Probate. 6 The clerk is entitled to receive the fees specified in 7 this subsection (v), which shall be paid in advance, except 8 that, for good cause shown, the court may suspend, reduce, or 9 release the costs payable under this subsection: 10 (1) For administration of the estate of a decedent 11 (whether testate or intestate) or of a missing person, 12 $100, plus the fees specified in subsection (v)(3), 13 except: 14 (A) When the value of the real and personal 15 property does not exceed $15,000, the fee shall be 16 $25. 17 (B) When (i) proof of heirship alone is made, 18 (ii) a domestic or foreign will is admitted to 19 probate without administration (including proof of 20 heirship), or (iii) letters of office are issued for 21 a particular purpose without administration of the 22 estate, the fee shall be $25. 23 (2) For administration of the estate of a ward, 24 $50, plus the fees specified in subsection (v)(3), 25 except: 26 (A) When the value of the real and personal 27 property does not exceed $15,000, the fee shall be 28 $25. 29 (B) When (i) letters of office are issued to a 30 guardian of the person or persons, but not of the 31 estate or (ii) letters of office are issued in the 32 estate of a ward without administration of the 33 estate, including filing or joining in the filing of 34 a tax return or releasing a mortgage or consenting -30- LRB9207504MWmb 1 to the marriage of the ward, the fee shall be $10. 2 (3) In addition to the fees payable under 3 subsection (v)(1) or (v)(2) of this Section, the 4 following fees are payable: 5 (A) For each account (other than one final 6 account) filed in the estate of a decedent, or ward, 7 $15. 8 (B) For filing a claim in an estate when the 9 amount claimed is $150 or more but less than $500, 10 $10; when the amount claimed is $500 or more but 11 less than $10,000, $25; when the amount claimed is 12 $10,000 or more, $40; provided that the court in 13 allowing a claim may add to the amount allowed the 14 filing fee paid by the claimant. 15 (C) For filing in an estate a claim, petition, 16 or supplemental proceeding based upon an action 17 seeking equitable relief including the construction 18 or contest of a will, enforcement of a contract to 19 make a will, and proceedings involving testamentary 20 trusts or the appointment of testamentary trustees, 21 $40. 22 (D) For filing in an estate (i) the appearance 23 of any person for the purpose of consent or (ii) the 24 appearance of an executor, administrator, 25 administrator to collect, guardian, guardian ad 26 litem, or special administrator, no fee. 27 (E) Except as provided in subsection 28 (v)(3)(D), for filing the appearance of any person 29 or persons, $10. 30 (F) For each jury demand, $102.50. 31 (G) For disposition of the collection of a 32 judgment or settlement of an action or claim for 33 wrongful death of a decedent or of any cause of 34 action of a ward, when there is no other -31- LRB9207504MWmb 1 administration of the estate, $30, 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, 4 the fee, including any amount paid under subsection 5 (v)(1)(B) or (v)(2)(B), shall be $10. 6 (H) For each certified copy of letters of 7 office, of court order or other certification, $1, 8 plus 50¢ per page in excess of 3 pages for the 9 document certified. 10 (I) For each exemplification, $1, plus the fee 11 for certification. 12 (4) The executor, administrator, guardian, 13 petitioner, or other interested person or his or her 14 attorney shall pay the cost of publication by the clerk 15 directly to the newspaper. 16 (5) The person on whose behalf a charge is incurred 17 for witness, court reporter, appraiser, or other 18 miscellaneous fee shall pay the same directly to the 19 person entitled thereto. 20 (6) The executor, administrator, guardian, 21 petitioner, or other interested person or his attorney 22 shall pay to the clerk all postage charges incurred by 23 the clerk in mailing petitions, orders, notices, or other 24 documents pursuant to the provisions of the Probate Act 25 of 1975. 26 (w) Criminal and Quasi-Criminal Costs and Fees. 27 (1) The clerk shall be entitled to costs in all 28 criminal and quasi-criminal cases from each person 29 convicted or sentenced to supervision therein as follows: 30 (A) Felony complaints, $80. 31 (B) Misdemeanor complaints, $50. 32 (C) Business offense complaints, $50. 33 (D) Petty offense complaints, $50. 34 (E) Minor traffic or ordinance violations, -32- LRB9207504MWmb 1 $20. 2 (F) When court appearance required, $30. 3 (G) Motions to vacate or amend final orders, 4 $20. 5 (H) Motions to vacate bond forfeiture orders, 6 $20. 7 (I) Motions to vacate ex parte judgments, 8 whenever filed, $20. 9 (J) Motions to vacate judgment on forfeitures, 10 whenever filed, $20. 11 (K) Motions to vacate "failure to appear" or 12 "failure to comply" notices sent to the Secretary of 13 State, $20. 14 (2) In counties having a population of more than 15 650,000 but fewer than 3,000,000 inhabitants, when the 16 violation complaint is issued by a municipal police 17 department, the clerk shall be entitled to costs from 18 each person convicted therein as follows: 19 (A) Minor traffic or ordinance violations, 20 $10. 21 (B) When court appearance required, $15. 22 (3) In ordinance violation cases punishable by fine 23 only, the clerk of the circuit court shall be entitled to 24 receive, unless the fee is excused upon a finding by the 25 court that the defendant is indigent, in addition to 26 other fees or costs allowed or imposed by law, the sum of 27 $50 as a fee for the services of a jury. The jury fee 28 shall be paid by the defendant at the time of filing his 29 or her jury demand. If the fee is not so paid by the 30 defendant, no jury shall be called, and the case shall be 31 tried by the court without a jury. 32 (x) Transcripts of Judgment. 33 For the filing of a transcript of judgment, the 34 clerk shall be entitled to the same fee as if it were the -33- LRB9207504MWmb 1 commencement of new suit. 2 (y) Change of Venue. 3 (1) For the filing of a change of case on a change 4 of venue, the clerk shall be entitled to the same fee as 5 if it were the commencement of a new suit. 6 (2) The fee for the preparation and certification 7 of a record on a change of venue to another jurisdiction, 8 when original documents are forwarded, $25. 9 (z) Tax objection complaints. 10 For each tax objection complaint containing one or 11 more tax objections, regardless of the number of parcels 12 involved or the number of taxpayers joining in the 13 complaint, $25. 14 (aa) Tax Deeds. 15 (1) Petition for tax deed, if only one parcel is 16 involved, $150. 17 (2) For each additional parcel, add a fee of $50. 18 (bb) Collections. 19 (1) For all collections made of others, except the 20 State and county and except in maintenance or child 21 support cases, a sum equal to 2.5% of the amount 22 collected and turned over. 23 (2) Interest earned on any funds held by the clerk 24 shall be turned over to the county general fund as an 25 earning of the office. 26 (3) For any check, draft, or other bank instrument 27 returned to the clerk for non-sufficient funds, account 28 closed, or payment stopped, $25. 29 (4) In child support and maintenance cases, the 30 clerk, if authorized by an ordinance of the county board, 31 may collect an annual fee of up to $36 from the person 32 making payment for maintaining child support records and 33 the processing of support orders to the State of Illinois 34 KIDS system and the recording of payments issued by the -34- LRB9207504MWmb 1 State Disbursement Unit for the official record of the 2 Court. This fee shall be in addition to and separate from 3 amounts ordered to be paid as maintenance or child 4 support and shall be deposited into a Separate 5 Maintenance and Child Support Collection Fund, of which 6 the clerk shall be the custodian, ex-officio, to be used 7 by the clerk to maintain child support orders and record 8 all payments issued by the State Disbursement Unit for 9 the official record of the Court. The clerk may recover 10 from the person making the maintenance or child support 11 payment any additional cost incurred in the collection of 12 this annual fee. 13 The clerk shall also be entitled to a fee of $5 for 14 certifications made to the Secretary of State as provided 15 in Section 7-703 of the Family Financial Responsibility 16 Law and these fees shall also be deposited into the 17 Separate Maintenance and Child Support Collection Fund. 18 (cc) Corrections of Numbers. 19 For correction of the case number, case title, or 20 attorney computer identification number, if required by 21 rule of court, on any document filed in the clerk's 22 office, to be charged against the party that filed the 23 document, $15. 24 (dd) Exceptions. 25 The fee requirements of this Section shall not apply 26 to police departments or other law enforcement agencies. 27 In this Section, "law enforcement agency" means an agency 28 of the State or a unit of local government which is 29 vested by law or ordinance with the duty to maintain 30 public order and to enforce criminal laws or ordinances. 31 "Law enforcement agency" also means the Attorney General 32 or any state's attorney. The fee requirements of this 33 Section shall not apply to any action instituted under 34 subsection (b) of Section 11-31-1 of the Illinois -35- LRB9207504MWmb 1 Municipal Code by a private owner or tenant of real 2 property within 1200 feet of a dangerous or unsafe 3 building seeking an order compelling the owner or owners 4 of the building to take any of the actions authorized 5 under that subsection. 6 (ee) Adoptions. 7 (1) For an adoption.............................$65 8 (2) Upon good cause shown, the court may waive the 9 adoption filing fee in a special needs adoption. The 10 term "special needs adoption" shall have the meaning 11 ascribed to it by the Illinois Department of Children and 12 Family Services. 13 (ff) Adoption exemptions. 14 No fee other than that set forth in subsection (ee) 15 shall be charged to any person in connection with an 16 adoption proceeding. 17 (gg) Driving while intoxicated. 18 In addition to any other fee required under this 19 Section, the clerk of the court must collect a $2 fee in 20 connection with proceedings for violations of Section 21 11-501 of the Illinois Vehicle Code. The fees collected 22 under this subsection must be remitted to the State 23 Treasurer for deposit into the Spinal Cord Injury 24 Paralysis Cure Research Trust Fund. 25 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 26 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.) 27 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a) 28 Sec. 27.2a. The fees of the clerks of the circuit court 29 in all counties having a population of 3,000,000 or more 30 inhabitants in the instances described in this Section shall 31 be as provided in this Section. The fees shall be paid in 32 advance and shall be as follows: 33 (a) Civil Cases. -36- LRB9207504MWmb 1 The fee for filing a complaint, petition, or other 2 pleading initiating a civil action, with the following 3 exceptions, shall be $190. 4 (A) When the amount of money or damages or the 5 value of personal property claimed does not exceed 6 $250, $15. 7 (B) When that amount exceeds $250 but does not 8 exceed $1000, $40. 9 (C) When that amount exceeds $1000 but does 10 not exceed $2500, $50. 11 (D) When that amount exceeds $2500 but does 12 not exceed $5000, $100. 13 (E) When that amount exceeds $5000 but does 14 not exceed $15,000, $150. 15 (F) For the exercise of eminent domain, $150. 16 For each additional lot or tract of land or right or 17 interest therein subject to be condemned, the 18 damages in respect to which shall require separate 19 assessment by a jury, $150. 20 (G) For the final determination of parking, 21 standing, and compliance violations and final 22 administrative decisions issued after hearings 23 regarding vehicle immobilization and impoundment 24 made pursuant to Sections 3-704.1, 6-306.5, and 25 11-208.3 of the Illinois Vehicle Code, $25. 26 (b) Forcible Entry and Detainer. 27 In each forcible entry and detainer case when the 28 plaintiff seeks possession only or unites with his or her 29 claim for possession of the property a claim for rent or 30 damages or both in the amount of $15,000 or less, $75. 31 When the plaintiff unites his or her claim for possession 32 with a claim for rent or damages or both exceeding 33 $15,000, $225. 34 (c) Counterclaim or Joining Third Party Defendant. -37- LRB9207504MWmb 1 When any defendant files a counterclaim as part of 2 his or her answer or otherwise or joins another party as 3 a third party defendant, or both, the defendant shall pay 4 a fee for each counterclaim or third party action in an 5 amount equal to the fee he or she would have had to pay 6 had he or she brought a separate action for the relief 7 sought in the counterclaim or against the third party 8 defendant, less the amount of the appearance fee, if that 9 has been paid. 10 (d) Confession of Judgment. 11 In a confession of judgment when the amount does not 12 exceed $1500, $60. When the amount exceeds $1500, but 13 does not exceed $5000, $75. When the amount exceeds 14 $5000, but does not exceed $15,000, $175. When the amount 15 exceeds $15,000, $250. 16 (e) Appearance. 17 The fee for filing an appearance in each civil case 18 shall be $75, except as follows: 19 (A) When the plaintiff in a forcible entry and 20 detainer case seeks possession only, $40. 21 (B) When the amount in the case does not 22 exceed $1500, $40. 23 (C) When that amount exceeds $1500 but does 24 not exceed $15,000, $60. 25 (f) Garnishment, Wage Deduction, and Citation. 26 In garnishment affidavit, wage deduction affidavit, 27 and citation petition when the amount does not exceed 28 $1,000, $15; when the amount exceeds $1,000 but does not 29 exceed $5,000, $30; and when the amount exceeds $5,000, 30 $50. 31 (g) Petition to Vacate or Modify. 32 (1) Petition to vacate or modify any final judgment 33 or order of court, except in forcible entry and detainer 34 cases and small claims cases or a petition to reopen an -38- LRB9207504MWmb 1 estate, to modify, terminate, or enforce a judgment or 2 order for child or spousal support, or to modify, 3 suspend, or terminate an order for withholding, if filed 4 before 30 days after the entry of the judgment or order, 5 $50. 6 (2) Petition to vacate or modify any final judgment 7 or order of court, except a petition to modify, 8 terminate, or enforce a judgment or order for child or 9 spousal support or to modify, suspend, or terminate an 10 order for withholding, if filed later than 30 days after 11 the entry of the judgment or order, $75. 12 (3) Petition to vacate order of bond forfeiture, 13 $40. 14 (h) Mailing. 15 When the clerk is required to mail, the fee will be 16 $10, plus the cost of postage. 17 (i) Certified Copies. 18 Each certified copy of a judgment after the first, 19 except in small claims and forcible entry and detainer 20 cases, $15. 21 (j) Habeas Corpus. 22 For filing a petition for relief by habeas corpus, 23 $125. 24 (k) Certification, Authentication, and Reproduction. 25 (1) Each certification or authentication for taking 26 the acknowledgment of a deed or other instrument in 27 writing with the seal of office, $6. 28 (2) Court appeals when original documents are 29 forwarded, under 100 pages, plus delivery and costs, $75. 30 (3) Court appeals when original documents are 31 forwarded, over 100 pages, plus delivery and costs, $150. 32 (4) Court appeals when original documents are 33 forwarded, over 200 pages, an additional fee of 25 cents 34 per page. -39- LRB9207504MWmb 1 (5) For reproduction of any document contained in 2 the clerk's files: 3 (A) First page, $2. 4 (B) Next 19 pages, 50 cents per page. 5 (C) All remaining pages, 25 cents per page. 6 (l) Remands. 7 In any cases remanded to the Circuit Court from the 8 Supreme Court or the Appellate Court for a new trial, the 9 clerk shall file the remanding order and reinstate the 10 case with either its original number or a new number. 11 The Clerk shall not charge any new or additional fee for 12 the reinstatement. Upon reinstatement the Clerk shall 13 advise the parties of the reinstatement. A party shall 14 have the same right to a jury trial on remand and 15 reinstatement as he or she had before the appeal, and no 16 additional or new fee or charge shall be made for a jury 17 trial after remand. 18 (m) Record Search. 19 For each record search, within a division or 20 municipal district, the clerk shall be entitled to a 21 search fee of $6 for each year searched. 22 (n) Hard Copy. 23 For each page of hard copy print output, when case 24 records are maintained on an automated medium, the clerk 25 shall be entitled to a fee of $6. 26 (o) Index Inquiry and Other Records. 27 No fee shall be charged for a single 28 plaintiff/defendant index inquiry or single case record 29 inquiry when this request is made in person and the 30 records are maintained in a current automated medium, and 31 when no hard copy print output is requested. The fees to 32 be charged for management records, multiple case records, 33 and multiple journal records may be specified by the 34 Chief Judge pursuant to the guidelines for access and -40- LRB9207504MWmb 1 dissemination of information approved by the Supreme 2 Court. 3 (p) Commitment Petitions. 4 For filing commitment petitions under the Mental 5 Health and Developmental Disabilities Code, $50. 6 (q) Alias Summons. 7 For each alias summons or citation issued by the 8 clerk, $5. 9 (r) Other Fees. 10 Any fees not covered in this Section shall be set by 11 rule or administrative order of the Circuit Court with 12 the approval of the Administrative Office of the Illinois 13 Courts. 14 The clerk of the circuit court may provide 15 additional services for which there is no fee specified 16 by statute in connection with the operation of the 17 clerk's office as may be requested by the public and 18 agreed to by the clerk and approved by the chief judge of 19 the circuit court. Any charges for additional services 20 shall be as agreed to between the clerk and the party 21 making the request and approved by the chief judge of the 22 circuit court. Nothing in this subsection shall be 23 construed to require any clerk to provide any service not 24 otherwise required by law. 25 (s) Jury Services. 26 The clerk shall be entitled to receive, in addition 27 to other fees allowed by law, the sum of $212.50, as a 28 fee for the services of a jury in every civil action not 29 quasi-criminal in its nature and not a proceeding for the 30 exercise of the right of eminent domain and in every 31 other action wherein the right of trial by jury is or may 32 be given by law. The jury fee shall be paid by the party 33 demanding a jury at the time of filing the jury demand. 34 If the fee is not paid by either party, no jury shall be -41- LRB9207504MWmb 1 called in the action or proceeding, and the same shall be 2 tried by the court without a jury. 3 (t) Voluntary Assignment. 4 For filing each deed of voluntary assignment, $20; 5 for recording the same, 50¢ for each 100 words. 6 Exceptions filed to claims presented to an assignee of a 7 debtor who has made a voluntary assignment for the 8 benefit of creditors shall be considered and treated, for 9 the purpose of taxing costs therein, as actions in which 10 the party or parties filing the exceptions shall be 11 considered as party or parties plaintiff, and the 12 claimant or claimants as party or parties defendant, and 13 those parties respectively shall pay to the clerk the 14 same fees as provided by this Section to be paid in other 15 actions. 16 (u) Expungement Petition. 17 The clerk shall be entitled to receive a fee of $60 18 for each expungement petition filed and an additional fee 19 of $4 for each certified copy of an order to expunge 20 arrest records. 21 (v) Probate. 22 The clerk is entitled to receive the fees specified in 23 this subsection (v), which shall be paid in advance, except 24 that, for good cause shown, the court may suspend, reduce, or 25 release the costs payable under this subsection: 26 (1) For administration of the estate of a decedent 27 (whether testate or intestate) or of a missing person, 28 $150, plus the fees specified in subsection (v)(3), 29 except: 30 (A) When the value of the real and personal 31 property does not exceed $15,000, the fee shall be 32 $40. 33 (B) When (i) proof of heirship alone is made, 34 (ii) a domestic or foreign will is admitted to -42- LRB9207504MWmb 1 probate without administration (including proof of 2 heirship), or (iii) letters of office are issued for 3 a particular purpose without administration of the 4 estate, the fee shall be $40. 5 (2) For administration of the estate of a ward, 6 $75, plus the fees specified in subsection (v)(3), 7 except: 8 (A) When the value of the real and personal 9 property does not exceed $15,000, the fee shall be 10 $40. 11 (B) When (i) letters of office are issued to a 12 guardian of the person or persons, but not of the 13 estate or (ii) letters of office are issued in the 14 estate of a ward without administration of the 15 estate, including filing or joining in the filing of 16 a tax return or releasing a mortgage or consenting 17 to the marriage of the ward, the fee shall be $20. 18 (3) In addition to the fees payable under 19 subsection (v)(1) or (v)(2) of this Section, the 20 following fees are payable: 21 (A) For each account (other than one final 22 account) filed in the estate of a decedent, or ward, 23 $25. 24 (B) For filing a claim in an estate when the 25 amount claimed is $150 or more but less than $500, 26 $20; when the amount claimed is $500 or more but 27 less than $10,000, $40; when the amount claimed is 28 $10,000 or more, $60; provided that the court in 29 allowing a claim may add to the amount allowed the 30 filing fee paid by the claimant. 31 (C) For filing in an estate a claim, petition, 32 or supplemental proceeding based upon an action 33 seeking equitable relief including the construction 34 or contest of a will, enforcement of a contract to -43- LRB9207504MWmb 1 make a will, and proceedings involving testamentary 2 trusts or the appointment of testamentary trustees, 3 $60. 4 (D) For filing in an estate (i) the appearance 5 of any person for the purpose of consent or (ii) the 6 appearance of an executor, administrator, 7 administrator to collect, guardian, guardian ad 8 litem, or special administrator, no fee. 9 (E) Except as provided in subsection 10 (v)(3)(D), for filing the appearance of any person 11 or persons, $30. 12 (F) For each jury demand, $137.50. 13 (G) For disposition of the collection of a 14 judgment or settlement of an action or claim for 15 wrongful death of a decedent or of any cause of 16 action of a ward, when there is no other 17 administration of the estate, $50, less any amount 18 paid under subsection (v)(1)(B) or (v)(2)(B) except 19 that if the amount involved does not exceed $5,000, 20 the fee, including any amount paid under subsection 21 (v)(1)(B) or (v)(2)(B), shall be $20. 22 (H) For each certified copy of letters of 23 office, of court order or other certification, $2, 24 plus $1 per page in excess of 3 pages for the 25 document certified. 26 (I) For each exemplification, $2, plus the fee 27 for certification. 28 (4) The executor, administrator, guardian, 29 petitioner, or other interested person or his or her 30 attorney shall pay the cost of publication by the clerk 31 directly to the newspaper. 32 (5) The person on whose behalf a charge is incurred 33 for witness, court reporter, appraiser, or other 34 miscellaneous fee shall pay the same directly to the -44- LRB9207504MWmb 1 person entitled thereto. 2 (6) The executor, administrator, guardian, 3 petitioner, or other interested person or his or her 4 attorney shall pay to the clerk all postage charges 5 incurred by the clerk in mailing petitions, orders, 6 notices, or other documents pursuant to the provisions of 7 the Probate Act of 1975. 8 (w) Criminal and Quasi-Criminal Costs and Fees. 9 (1) The clerk shall be entitled to costs in all 10 criminal and quasi-criminal cases from each person 11 convicted or sentenced to supervision therein as follows: 12 (A) Felony complaints, $125. 13 (B) Misdemeanor complaints, $75. 14 (C) Business offense complaints, $75. 15 (D) Petty offense complaints, $75. 16 (E) Minor traffic or ordinance violations, 17 $30. 18 (F) When court appearance required, $50. 19 (G) Motions to vacate or amend final orders, 20 $40. 21 (H) Motions to vacate bond forfeiture orders, 22 $30. 23 (I) Motions to vacate ex parte judgments, 24 whenever filed, $30. 25 (J) Motions to vacate judgment on forfeitures, 26 whenever filed, $25. 27 (K) Motions to vacate "failure to appear" or 28 "failure to comply" notices sent to the Secretary of 29 State, $40. 30 (2) In counties having a population of 3,000,000 or 31 more, when the violation complaint is issued by a 32 municipal police department, the clerk shall be entitled 33 to costs from each person convicted therein as follows: 34 (A) Minor traffic or ordinance violations, -45- LRB9207504MWmb 1 $30. 2 (B) When court appearance required, $50. 3 (3) In ordinance violation cases punishable by fine 4 only, the clerk of the circuit court shall be entitled to 5 receive, unless the fee is excused upon a finding by the 6 court that the defendant is indigent, in addition to 7 other fees or costs allowed or imposed by law, the sum of 8 $112.50 as a fee for the services of a jury. The jury 9 fee shall be paid by the defendant at the time of filing 10 his or her jury demand. If the fee is not so paid by the 11 defendant, no jury shall be called, and the case shall be 12 tried by the court without a jury. 13 (x) Transcripts of Judgment. 14 For the filing of a transcript of judgment, the 15 clerk shall be entitled to the same fee as if it were the 16 commencement of a new suit. 17 (y) Change of Venue. 18 (1) For the filing of a change of case on a change 19 of venue, the clerk shall be entitled to the same fee as 20 if it were the commencement of a new suit. 21 (2) The fee for the preparation and certification 22 of a record on a change of venue to another jurisdiction, 23 when original documents are forwarded, $40. 24 (z) Tax objection complaints. 25 For each tax objection complaint containing one or 26 more tax objections, regardless of the number of parcels 27 involved or the number of taxpayers joining in the 28 complaint, $50. 29 (aa) Tax Deeds. 30 (1) Petition for tax deed, if only one parcel is 31 involved, $250. 32 (2) For each additional parcel, add a fee of $100. 33 (bb) Collections. 34 (1) For all collections made of others, except the -46- LRB9207504MWmb 1 State and county and except in maintenance or child 2 support cases, a sum equal to 3.0% of the amount 3 collected and turned over. 4 (2) Interest earned on any funds held by the clerk 5 shall be turned over to the county general fund as an 6 earning of the office. 7 (3) For any check, draft, or other bank instrument 8 returned to the clerk for non-sufficient funds, account 9 closed, or payment stopped, $25. 10 (4) In child support and maintenance cases, the 11 clerk, if authorized by an ordinance of the county board, 12 may collect an annual fee of up to $36 from the person 13 making payment for maintaining child support records and 14 the processing of support orders to the State of Illinois 15 KIDS system and the recording of payments issued by the 16 State Disbursement Unit for the official record of the 17 Court. This fee shall be in addition to and separate 18 from amounts ordered to be paid as maintenance or child 19 support and shall be deposited into a Separate 20 Maintenance and Child Support Collection Fund, of which 21 the clerk shall be the custodian, ex-officio, to be used 22 by the clerk to maintain child support orders and record 23 all payments issued by the State Disbursement Unit for 24 the official record of the Court. The clerk may recover 25 from the person making the maintenance or child support 26 payment any additional cost incurred in the collection of 27 this annual fee. 28 The clerk shall also be entitled to a fee of $5 for 29 certifications made to the Secretary of State as provided 30 in Section 7-703 of the Family Financial Responsibility 31 Law and these fees shall also be deposited into the 32 Separate Maintenance and Child Support Collection Fund. 33 (cc) Corrections of Numbers. 34 For correction of the case number, case title, or -47- LRB9207504MWmb 1 attorney computer identification number, if required by 2 rule of court, on any document filed in the clerk's 3 office, to be charged against the party that filed the 4 document, $25. 5 (dd) Exceptions. 6 (1) The fee requirements of this Section shall not 7 apply to police departments or other law enforcement 8 agencies. In this Section, "law enforcement agency" 9 means an agency of the State or a unit of local 10 government which is vested by law or ordinance with the 11 duty to maintain public order and to enforce criminal 12 laws or ordinances. "Law enforcement agency" also means 13 the Attorney General or any state's attorney. 14 (2) No fee provided herein shall be charged to any 15 unit of local government or school district. The fee 16 requirements of this Section shall not apply to any 17 action instituted under subsection (b) of Section 11-31-1 18 of the Illinois Municipal Code by a private owner or 19 tenant of real property within 1200 feet of a dangerous 20 or unsafe building seeking an order compelling the owner 21 or owners of the building to take any of the actions 22 authorized under that subsection. 23 (ee) Adoption. 24 (1) For an adoption.............................$65 25 (2) Upon good cause shown, the court may waive the 26 adoption filing fee in a special needs adoption. The 27 term "special needs adoption" shall have the meaning 28 ascribed to it by the Illinois Department of Children and 29 Family Services. 30 (ff) Adoption exemptions. 31 No fee other than that set forth in subsection (ee) 32 shall be charged to any person in connection with an 33 adoption proceeding. 34 (gg) Driving while intoxicated. -48- LRB9207504MWmb 1 In addition to any other fee required under this 2 Section, the clerk of the court must collect a $2 fee in 3 connection with proceedings for violations of Section 4 11-501 of the Illinois Vehicle Code. The fees collected 5 under this subsection must be remitted to the State 6 Treasurer for deposit into the Spinal Cord Injury 7 Paralysis Cure Research Trust Fund. 8 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 9 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 91-821, eff. 10 6-13-00.) 11 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) 12 Sec. 27.5. (a) All fees, fines, costs, additional 13 penalties, bail balances assessed or forfeited, and any other 14 amount paid by a person to the circuit clerk that equals an 15 amount less than $55, except restitution under Section 5-5-6 16 of the Unified Code of Corrections, reimbursement for the 17 costs of an emergency response as provided under Section 18 5-5-3 of the Unified Code of Corrections, any fees collected 19 for attending a traffic safety program under paragraph (c) of 20 Supreme Court Rule 529, any fee collected on behalf of a 21 State's Attorney under Section 4-2002 of the Counties Code or 22 a sheriff under Section 4-5001 of the Counties Code, or any 23 cost imposed under Section 124A-5 of the Code of Criminal 24 Procedure of 1963, for convictions, orders of supervision, or 25 any other disposition for a violation of Chapters 3, 4, 6, 26 11, and 12 of the Illinois Vehicle Code, or a similar 27 provision of a local ordinance, and any violation of the 28 Child Passenger Protection Act, or a similar provision of a 29 local ordinance, shall be disbursed within 60 days after 30 receipt by the circuit clerk as follows: 47% shall be 31 disbursed to the entity authorized by law to receive the fine 32 imposed in the case; 12% shall be disbursed to the State 33 Treasurer; and 41% shall be disbursed to the county's general -49- LRB9207504MWmb 1 corporate fund. Of the 12% disbursed to the State Treasurer, 2 1/6 shall be deposited by the State Treasurer into the 3 Violent Crime Victims Assistance Fund, 1/2 shall be deposited 4 into the Traffic and Criminal Conviction Surcharge Fund, and 5 1/3 shall be deposited into the Drivers Education Fund. For 6 fiscal years 1992 and 1993, amounts deposited into the 7 Violent Crime Victims Assistance Fund, the Traffic and 8 Criminal Conviction Surcharge Fund, or the Drivers Education 9 Fund shall not exceed 110% of the amounts deposited into 10 those funds in fiscal year 1991. Any amount that exceeds the 11 110% limit shall be distributed as follows: 50% shall be 12 disbursed to the county's general corporate fund and 50% 13 shall be disbursed to the entity authorized by law to receive 14 the fine imposed in the case. Not later than March 1 of each 15 year the circuit clerk shall submit a report of the amount of 16 funds remitted to the State Treasurer under this Section 17 during the preceding year based upon independent verification 18 of fines and fees. All amounts collected as a $2 additional 19 fee for violations of Section 11-501 of the Illinois Vehicle 20 Code must be remitted to the State Treasurer for deposit into 21 the Spinal Cord Injury Paralysis Cure Research Trust Fund. 22 (b) All counties shall be subject to this Section, 23 except that counties with a population under 2,000,000 may, 24 by ordinance, elect not to be subject to this Section. For 25 offenses subject to this Section, judges shall impose one 26 total sum of money payable for violations. The circuit clerk 27 may add on no additional amounts except for amounts that are 28 required by Sections 27.3a and 27.3c of this Act, unless 29 those amounts are specifically waived by the judge. With 30 respect to money collected by the circuit clerk as a result 31 of forfeiture of bail, ex parte judgment or guilty plea 32 pursuant to Supreme Court Rule 529, the circuit clerk shall 33 first deduct and pay amounts required by Sections 27.3a and 34 27.3c of this Act. -50- LRB9207504MWmb 1 (c) This Section is a denial and limitation of home rule 2 powers and functions under subsection (h) of Section 6 of 3 Article VII of the Illinois Constitution. 4 (Source: P.A. 89-234, eff. 1-1-96.) 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.