Public Act 093-0760
 
HB5130 Enrolled LRB093 20148 LCB 45893 b

    AN ACT concerning fees.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Clerks of Courts Act is amended by changing
Sections 27.2, 27.2a and 27.3b as follows:
 
    (705 ILCS 105/27.2)  (from Ch. 25, par. 27.2)
    Sec. 27.2. The fees of the clerks of the circuit court in
all counties having a population in excess of 500,000
inhabitants but less than 3,000,000 inhabitants in the
instances described in this Section shall be as provided in
this Section. In those instances where a minimum and maximum
fee is stated, counties with more than 500,000 inhabitants but
less than 3,000,000 inhabitants must charge the minimum fee
listed in this Section and may charge up to the maximum fee if
the county board has by resolution increased the fee. In
addition, the minimum fees authorized in this Section shall
apply to all units of local government and school districts in
counties with more than 3,000,000 inhabitants. The fees shall
be paid in advance and shall be as follows:
(a) Civil Cases.
        The fee for filing a complaint, petition, or other
    pleading initiating a civil action, with the following
    exceptions, shall be a minimum of $150 and a maximum of
    $190.
            (A) When the amount of money or damages or the
        value of personal property claimed does not exceed
        $250, a minimum of $10 and a maximum of $15.
            (B) When that amount exceeds $250 but does not
        exceed $1,000, a minimum of $20 and a maximum of $40.
            (C) When that amount exceeds $1,000 but does not
        exceed $2500, a minimum of $30 and a maximum of $50.
            (D) When that amount exceeds $2500 but does not
        exceed $5,000, a minimum of $75 and a maximum of $100.
            (D-5) When the amount exceeds $5,000 but does not
        exceed $15,000, a minimum of $75 and a maximum of $150.
            (E) For the exercise of eminent domain, $150. For
        each additional lot or tract of land or right or
        interest therein subject to be condemned, the damages
        in respect to which shall require separate assessment
        by a jury, $150.
            (F) No fees shall be charged by the clerk to a
        petitioner in any order of protection including, but
        not limited to, filing, modifying, withdrawing,
        certifying, or photocopying petitions for orders of
        protection, or for issuing alias summons, or for any
        related filing service, certifying, modifying,
        vacating, or photocopying any orders of protection.
(b) Forcible Entry and Detainer.
        In each forcible entry and detainer case when the
    plaintiff seeks possession only or unites with his or her
    claim for possession of the property a claim for rent or
    damages or both in the amount of $15,000 or less, a minimum
    of $40 and a maximum of $75. When the plaintiff unites his
    or her claim for possession with a claim for rent or
    damages or both exceeding $15,000, a minimum of $150 and a
    maximum of $225.
(c) Counterclaim or Joining Third Party Defendant.
        When any defendant files a counterclaim as part of his
    or her answer or otherwise or joins another party as a
    third party defendant, or both, the defendant shall pay a
    fee for each counterclaim or third party action in an
    amount equal to the fee he or she would have had to pay had
    he or she brought a separate action for the relief sought
    in the counterclaim or against the third party defendant,
    less the amount of the appearance fee, if that has been
    paid.
(d) Confession of Judgment.
        In a confession of judgment when the amount does not
    exceed $1500, a minimum of $50 and a maximum of $60. When
    the amount exceeds $1500, but does not exceed $5,000, $75.
    When the amount exceeds $5,000, but does not exceed
    $15,000, $175. When the amount exceeds $15,000, a minimum
    of $200 and a maximum of $250.
(e) Appearance.
        The fee for filing an appearance in each civil case
    shall be a minimum of $50 and a maximum of $75, except as
    follows:
            (A) When the plaintiff in a forcible entry and
        detainer case seeks possession only, a minimum of $20
        and a maximum of $40.
            (B) When the amount in the case does not exceed
        $1500, a minimum of $20 and a maximum of $40.
            (C) When the amount in the case exceeds $1500 but
        does not exceed $15,000, a minimum of $40 and a maximum
        of $60.
(f) Garnishment, Wage Deduction, and Citation.
        In garnishment affidavit, wage deduction affidavit,
    and citation petition when the amount does not exceed
    $1,000, a minimum of $10 and a maximum of $15; when the
    amount exceeds $1,000 but does not exceed $5,000, a minimum
    of $20 and a maximum of $30; and when the amount exceeds
    $5,000, a minimum of $30 and a maximum of $50.
(g) Petition to Vacate or Modify.
        (1) Petition to vacate or modify any final judgment or
    order of court, except in forcible entry and detainer cases
    and small claims cases or a petition to reopen an estate,
    to modify, terminate, or enforce a judgment or order for
    child or spousal support, or to modify, suspend, or
    terminate an order for withholding, if filed before 30 days
    after the entry of the judgment or order, a minimum of $40
    and a maximum of $50.
        (2) Petition to vacate or modify any final judgment or
    order of court, except a petition to modify, terminate, or
    enforce a judgment or order for child or spousal support or
    to modify, suspend, or terminate an order for withholding,
    if filed later than 30 days after the entry of the judgment
    or order, a minimum of $60 and a maximum of $75.
        (3) Petition to vacate order of bond forfeiture, a
    minimum of $20 and a maximum of $40.
(h) Mailing.
        When the clerk is required to mail, the fee will be a
    minimum of $6 and a maximum of $10, plus the cost of
    postage.
(i) Certified Copies.
        Each certified copy of a judgment after the first,
    except in small claims and forcible entry and detainer
    cases, a minimum of $10 and a maximum of $15.
(j) Habeas Corpus.
        For filing a petition for relief by habeas corpus, a
    minimum of $80 and a maximum of $125.
(k) Certification, Authentication, and Reproduction.
        (1) Each certification or authentication for taking
    the acknowledgment of a deed or other instrument in writing
    with the seal of office, a minimum of $4 and a maximum of
    $6.
        (2) Court appeals when original documents are
    forwarded, under 100 pages, plus delivery and costs, a
    minimum of $50 and a maximum of $75.
        (3) Court appeals when original documents are
    forwarded, over 100 pages, plus delivery and costs, a
    minimum of $120 and a maximum of $150.
        (4) Court appeals when original documents are
    forwarded, over 200 pages, an additional fee of a minimum
    of 20 and a maximum of 25 cents per page.
        (5) For reproduction of any document contained in the
    clerk's files:
            (A) First page, $2.
            (B) Next 19 pages, 50 cents per page.
            (C) All remaining pages, 25 cents per page.
(l) Remands.
        In any cases remanded to the Circuit Court from the
    Supreme Court or the Appellate Court for a new trial, the
    clerk shall file the remanding order and reinstate the case
    with either its original number or a new number. The Clerk
    shall not charge any new or additional fee for the
    reinstatement. Upon reinstatement the Clerk shall advise
    the parties of the reinstatement. A party shall have the
    same right to a jury trial on remand and reinstatement as
    he or she had before the appeal, and no additional or new
    fee or charge shall be made for a jury trial after remand.
(m) Record Search.
        For each record search, within a division or municipal
    district, the clerk shall be entitled to a search fee of a
    minimum of $4 and a maximum of $6 for each year searched.
(n) Hard Copy.
        For each page of hard copy print output, when case
    records are maintained on an automated medium, the clerk
    shall be entitled to a fee of a minimum of $4 and a maximum
    of $6.
(o) Index Inquiry and Other Records.
        No fee shall be charged for a single
    plaintiff/defendant index inquiry or single case record
    inquiry when this request is made in person and the records
    are maintained in a current automated medium, and when no
    hard copy print output is requested. The fees to be charged
    for management records, multiple case records, and
    multiple journal records may be specified by the Chief
    Judge pursuant to the guidelines for access and
    dissemination of information approved by the Supreme
    Court.
(p) (Blank).
(q) Alias Summons.
        For each alias summons or citation issued by the clerk,
    a minimum of $4 and a maximum of $5.
(r) Other Fees.
        Any fees not covered in this Section shall be set by
    rule or administrative order of the Circuit Court with the
    approval of the Administrative Office of the Illinois
    Courts.
        The clerk of the circuit court may provide additional
    services for which there is no fee specified by statute in
    connection with the operation of the clerk's office as may
    be requested by the public and agreed to by the clerk and
    approved by the chief judge of the circuit court. Any
    charges for additional services shall be as agreed to
    between the clerk and the party making the request and
    approved by the chief judge of the circuit court. Nothing
    in this subsection shall be construed to require any clerk
    to provide any service not otherwise required by law.
(s) Jury Services.
        The clerk shall be entitled to receive, in addition to
    other fees allowed by law, the sum of a minimum of $192.50
    and a maximum of $212.50, as a fee for the services of a
    jury in every civil action not quasi-criminal in its nature
    and not a proceeding for the exercise of the right of
    eminent domain and in every other action wherein the right
    of trial by jury is or may be given by law. The jury fee
    shall be paid by the party demanding a jury at the time of
    filing the jury demand. If the fee is not paid by either
    party, no jury shall be called in the action or proceeding,
    and the same shall be tried by the court without a jury.
(t) Voluntary Assignment.
        For filing each deed of voluntary assignment, a minimum
    of $10 and a maximum of $20; for recording the same, a
    minimum of 25 and a maximum of 50 for each 100 words.
    Exceptions filed to claims presented to an assignee of a
    debtor who has made a voluntary assignment for the benefit
    of creditors shall be considered and treated, for the
    purpose of taxing costs therein, as actions in which the
    party or parties filing the exceptions shall be considered
    as party or parties plaintiff, and the claimant or
    claimants as party or parties defendant, and those parties
    respectively shall pay to the clerk the same fees as
    provided by this Section to be paid in other actions.
(u) Expungement Petition.
        The clerk shall be entitled to receive a fee of a
    minimum of $30 and a maximum of $60 for each expungement
    petition filed and an additional fee of a minimum of $2 and
    a maximum of $4 for each certified copy of an order to
    expunge arrest records.
(v) Probate.
        The clerk is entitled to receive the fees specified in
    this subsection (v), which shall be paid in advance, except
    that, for good cause shown, the court may suspend, reduce,
    or release the costs payable under this subsection:
        (1) For administration of the estate of a decedent
    (whether testate or intestate) or of a missing person, a
    minimum of $100 and a maximum of $150, plus the fees
    specified in subsection (v)(3), except:
            (A) When the value of the real and personal
        property does not exceed $15,000, the fee shall be a
        minimum of $25 and a maximum of $40.
            (B) When (i) proof of heirship alone is made, (ii)
        a domestic or foreign will is admitted to probate
        without administration (including proof of heirship),
        or (iii) letters of office are issued for a particular
        purpose without administration of the estate, the fee
        shall be a minimum of $25 and a maximum of $40.
        (2) For administration of the estate of a ward, a
    minimum of $50 and a maximum of $75, plus the fees
    specified in subsection (v)(3), except:
            (A) When the value of the real and personal
        property does not exceed $15,000, the fee shall be a
        minimum of $25 and a maximum of $40.
            (B) When (i) letters of office are issued to a
        guardian of the person or persons, but not of the
        estate or (ii) letters of office are issued in the
        estate of a ward without administration of the estate,
        including filing or joining in the filing of a tax
        return or releasing a mortgage or consenting to the
        marriage of the ward, the fee shall be a minimum of $10
        and a maximum of $20.
        (3) In addition to the fees payable under subsection
    (v)(1) or (v)(2) of this Section, the following fees are
    payable:
            (A) For each account (other than one final account)
        filed in the estate of a decedent, or ward, a minimum
        of $15 and a maximum of $25.
            (B) For filing a claim in an estate when the amount
        claimed is $150 or more but less than $500, a minimum
        of $10 and a maximum of $20; when the amount claimed is
        $500 or more but less than $10,000, a minimum of $25
        and a maximum of $40; when the amount claimed is
        $10,000 or more, a minimum of $40 and a maximum of $60;
        provided that the court in allowing a claim may add to
        the amount allowed the filing fee paid by the claimant.
            (C) For filing in an estate a claim, petition, or
        supplemental proceeding based upon an action seeking
        equitable relief including the construction or contest
        of a will, enforcement of a contract to make a will,
        and proceedings involving testamentary trusts or the
        appointment of testamentary trustees, a minimum of $40
        and a maximum of $60.
            (D) For filing in an estate (i) the appearance of
        any person for the purpose of consent or (ii) the
        appearance of an executor, administrator,
        administrator to collect, guardian, guardian ad litem,
        or special administrator, no fee.
            (E) Except as provided in subsection (v)(3)(D),
        for filing the appearance of any person or persons, a
        minimum of $10 and a maximum of $30.
            (F) For each jury demand, a minimum of $102.50 and
        a maximum of $137.50.
            (G) For disposition of the collection of a judgment
        or settlement of an action or claim for wrongful death
        of a decedent or of any cause of action of a ward, when
        there is no other administration of the estate, a
        minimum of $30 and a maximum of $50, less any amount
        paid under subsection (v)(1)(B) or (v)(2)(B) except
        that if the amount involved does not exceed $5,000, the
        fee, including any amount paid under subsection
        (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
        maximum of $20.
            (H) For each certified copy of letters of office,
        of court order or other certification, a minimum of $1
        and a maximum of $2, plus a minimum of 50 and a
        maximum of $1 per page in excess of 3 pages for the
        document certified.
            (I) For each exemplification, a minimum of $1 and a
        maximum of $2, plus the fee for certification.
        (4) The executor, administrator, guardian, petitioner,
    or other interested person or his or her attorney shall pay
    the cost of publication by the clerk directly to the
    newspaper.
        (5) The person on whose behalf a charge is incurred for
    witness, court reporter, appraiser, or other miscellaneous
    fee shall pay the same directly to the person entitled
    thereto.
        (6) The executor, administrator, guardian, petitioner,
    or other interested person or his attorney shall pay to the
    clerk all postage charges incurred by the clerk in mailing
    petitions, orders, notices, or other documents pursuant to
    the provisions of the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
        (1) The clerk shall be entitled to costs in all
    criminal and quasi-criminal cases from each person
    convicted or sentenced to supervision therein as follows:
            (A) Felony complaints, a minimum of $80 and a
        maximum of $125.
            (B) Misdemeanor complaints, a minimum of $50 and a
        maximum of $75.
            (C) Business offense complaints, a minimum of $50
        and a maximum of $75.
            (D) Petty offense complaints, a minimum of $50 and
        a maximum of $75.
            (E) Minor traffic or ordinance violations, $20.
            (F) When court appearance required, $30.
            (G) Motions to vacate or amend final orders, a
        minimum of $20 and a maximum of $40.
            (H) Motions to vacate bond forfeiture orders, a
        minimum of $20 and a maximum of $30.
            (I) Motions to vacate ex parte judgments, whenever
        filed, a minimum of $20 and a maximum of $30.
            (J) Motions to vacate judgment on forfeitures,
        whenever filed, a minimum of $20 and a maximum of $25.
            (K) Motions to vacate "failure to appear" or
        "failure to comply" notices sent to the Secretary of
        State, a minimum of $20 and a maximum of $40.
        (2) In counties having a population of more than
    500,000 but fewer than 3,000,000 inhabitants, when the
    violation complaint is issued by a municipal police
    department, the clerk shall be entitled to costs from each
    person convicted therein as follows:
            (A) Minor traffic or ordinance violations, $10.
            (B) When court appearance required, $15.
        (3) In ordinance violation cases punishable by fine
    only, the clerk of the circuit court shall be entitled to
    receive, unless the fee is excused upon a finding by the
    court that the defendant is indigent, in addition to other
    fees or costs allowed or imposed by law, the sum of a
    minimum of $50 and a maximum of $112.50 as a fee for the
    services of a jury. The jury fee shall be paid by the
    defendant at the time of filing his or her jury demand. If
    the fee is not so paid by the defendant, no jury shall be
    called, and the case shall be tried by the court without a
    jury.
(x) Transcripts of Judgment.
        For the filing of a transcript of judgment, the clerk
    shall be entitled to the same fee as if it were the
    commencement of new suit.
(y) Change of Venue.
        (1) For the filing of a change of case on a change of
    venue, the clerk shall be entitled to the same fee as if it
    were the commencement of a new suit.
        (2) The fee for the preparation and certification of a
    record on a change of venue to another jurisdiction, when
    original documents are forwarded, a minimum of $25 and a
    maximum of $40.
(z) Tax objection complaints.
        For each tax objection complaint containing one or more
    tax objections, regardless of the number of parcels
    involved or the number of taxpayers joining in the
    complaint, a minimum of $25 and a maximum of $50.
(aa) Tax Deeds.
        (1) Petition for tax deed, if only one parcel is
    involved, a minimum of $150 and a maximum of $250.
        (2) For each additional parcel, add a fee of a minimum
    of $50 and a maximum of $100.
(bb) Collections.
        (1) For all collections made of others, except the
    State and county and except in maintenance or child support
    cases, a sum equal to a minimum of 2.5% and a maximum of
    3.0% of the amount collected and turned over.
        (2) Interest earned on any funds held by the clerk
    shall be turned over to the county general fund as an
    earning of the office.
        (3) For any check, draft, or other bank instrument
    returned to the clerk for non-sufficient funds, account
    closed, or payment stopped, $25.
        (4) In child support and maintenance cases, the clerk,
    if authorized by an ordinance of the county board, may
    collect an annual fee of up to $36 from the person making
    payment for maintaining child support records and the
    processing of support orders to the State of Illinois KIDS
    system and the recording of payments issued by the State
    Disbursement Unit for the official record of the Court.
    This fee shall be in addition to and separate from amounts
    ordered to be paid as maintenance or child support and
    shall be deposited into a Separate Maintenance and Child
    Support Collection Fund, of which the clerk shall be the
    custodian, ex-officio, to be used by the clerk to maintain
    child support orders and record all payments issued by the
    State Disbursement Unit for the official record of the
    Court. The clerk may recover from the person making the
    maintenance or child support payment any additional cost
    incurred in the collection of this annual fee.
        The clerk shall also be entitled to a fee of $5 for
    certifications made to the Secretary of State as provided
    in Section 7-703 of the Family Financial Responsibility Law
    and these fees shall also be deposited into the Separate
    Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
        For correction of the case number, case title, or
    attorney computer identification number, if required by
    rule of court, on any document filed in the clerk's office,
    to be charged against the party that filed the document, a
    minimum of $15 and a maximum of $25.
(dd) Exceptions.
        The fee requirements of this Section shall not apply to
    police departments or other law enforcement agencies. In
    this Section, "law enforcement agency" means an agency of
    the State or a unit of local government which is vested by
    law or ordinance with the duty to maintain public order and
    to enforce criminal laws or ordinances. "Law enforcement
    agency" also means the Attorney General or any state's
    attorney. The fee requirements of this Section shall not
    apply to any action instituted under subsection (b) of
    Section 11-31-1 of the Illinois Municipal Code by a private
    owner or tenant of real property within 1200 feet of a
    dangerous or unsafe building seeking an order compelling
    the owner or owners of the building to take any of the
    actions authorized under that subsection.
        The fee requirements of this Section shall not apply to
    the filing of any commitment petition or petition for an
    order authorizing the administration of authorized
    involuntary treatment in the form of medication under the
    Mental Health and Developmental Disabilities Code.
(ee) Adoptions.
        (1) For an adoption...................................$65
        (2) Upon good cause shown, the court may waive the
    adoption filing fee in a special needs adoption. The term
    "special needs adoption" shall have the meaning ascribed to
    it by the Illinois Department of Children and Family
    Services.
(ff) Adoption exemptions.
        No fee other than that set forth in subsection (ee)
    shall be charged to any person in connection with an
    adoption proceeding nor may any fee be charged for
    proceedings for the appointment of a confidential
    intermediary under the Adoption Act.
(gg) Unpaid fees.
        Unless a court ordered payment schedule is implemented
    or the fee requirements of this Section are waived pursuant
    to court order, the clerk of the court may add to any
    unpaid fees and costs under this Section a delinquency
    amount equal to 5% of the unpaid fees that remain unpaid
    after 30 days, 10% of the unpaid fees that remain unpaid
    after 60 days, and 15% of the unpaid fees that remain
    unpaid after 90 days. Notice to those parties may be made
    by signage posting or publication. The additional
    delinquency amounts collected under this Section shall be
    used to defray additional administrative costs incurred by
    the clerk of the circuit court in collecting unpaid fees
    and costs.
(Source: P.A. 92-16, eff. 6-28-01; 92-521, eff. 6-1-02; 93-385,
eff. 7-25-03; 93-573, eff. 8-21-03; revised 9-8-03.)
 
    (705 ILCS 105/27.2a)  (from Ch. 25, par. 27.2a)
    Sec. 27.2a. The fees of the clerks of the circuit court in
all counties having a population of 3,000,000 or more
inhabitants in the instances described in this Section shall be
as provided in this Section. In those instances where a minimum
and maximum fee is stated, the clerk of the circuit court must
charge the minimum fee listed and may charge up to the maximum
fee if the county board has by resolution increased the fee.
The fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
        The fee for filing a complaint, petition, or other
    pleading initiating a civil action, with the following
    exceptions, shall be a minimum of $190 and a maximum of
    $240.
            (A) When the amount of money or damages or the
        value of personal property claimed does not exceed
        $250, a minimum of $15 and a maximum of $22.
            (B) When that amount exceeds $250 but does not
        exceed $1000, a minimum of $40 and a maximum of $75.
            (C) When that amount exceeds $1000 but does not
        exceed $2500, a minimum of $50 and a maximum of $80.
            (D) When that amount exceeds $2500 but does not
        exceed $5000, a minimum of $100 and a maximum of $130.
            (E) When that amount exceeds $5000 but does not
        exceed $15,000, $150.
            (F) For the exercise of eminent domain, $150. For
        each additional lot or tract of land or right or
        interest therein subject to be condemned, the damages
        in respect to which shall require separate assessment
        by a jury, $150.
            (G) For the final determination of parking,
        standing, and compliance violations and final
        administrative decisions issued after hearings
        regarding vehicle immobilization and impoundment made
        pursuant to Sections 3-704.1, 6-306.5, and 11-208.3 of
        the Illinois Vehicle Code, $25.
            (H) No fees shall be charged by the clerk to a
        petitioner in any order of protection including, but
        not limited to, filing, modifying, withdrawing,
        certifying, or photocopying petitions for orders of
        protection, or for issuing alias summons, or for any
        related filing service, certifying, modifying,
        vacating, or photocopying any orders of protection.
(b) Forcible Entry and Detainer.
        In each forcible entry and detainer case when the
    plaintiff seeks possession only or unites with his or her
    claim for possession of the property a claim for rent or
    damages or both in the amount of $15,000 or less, a minimum
    of $75 and a maximum of $140. When the plaintiff unites his
    or her claim for possession with a claim for rent or
    damages or both exceeding $15,000, a minimum of $225 and a
    maximum of $335.
(c) Counterclaim or Joining Third Party Defendant.
        When any defendant files a counterclaim as part of his
    or her answer or otherwise or joins another party as a
    third party defendant, or both, the defendant shall pay a
    fee for each counterclaim or third party action in an
    amount equal to the fee he or she would have had to pay had
    he or she brought a separate action for the relief sought
    in the counterclaim or against the third party defendant,
    less the amount of the appearance fee, if that has been
    paid.
(d) Confession of Judgment.
        In a confession of judgment when the amount does not
    exceed $1500, a minimum of $60 and a maximum of $70. When
    the amount exceeds $1500, but does not exceed $5000, a
    minimum of $75 and a maximum of $150. When the amount
    exceeds $5000, but does not exceed $15,000, a minimum of
    $175 and a maximum of $260. When the amount exceeds
    $15,000, a minimum of $250 and a maximum of $310.
(e) Appearance.
        The fee for filing an appearance in each civil case
    shall be a minimum of $75 and a maximum of $110, except as
    follows:
            (A) When the plaintiff in a forcible entry and
        detainer case seeks possession only, a minimum of $40
        and a maximum of $80.
            (B) When the amount in the case does not exceed
        $1500, a minimum of $40 and a maximum of $80.
            (C) When that amount exceeds $1500 but does not
        exceed $15,000, a minimum of $60 and a maximum of $90.
(f) Garnishment, Wage Deduction, and Citation.
        In garnishment affidavit, wage deduction affidavit,
    and citation petition when the amount does not exceed
    $1,000, a minimum of $15 and a maximum of $25; when the
    amount exceeds $1,000 but does not exceed $5,000, a minimum
    of $30 and a maximum of $45; and when the amount exceeds
    $5,000, a minimum of $50 and a maximum of $80.
(g) Petition to Vacate or Modify.
        (1) Petition to vacate or modify any final judgment or
    order of court, except in forcible entry and detainer cases
    and small claims cases or a petition to reopen an estate,
    to modify, terminate, or enforce a judgment or order for
    child or spousal support, or to modify, suspend, or
    terminate an order for withholding, if filed before 30 days
    after the entry of the judgment or order, a minimum of $50
    and a maximum of $60.
        (2) Petition to vacate or modify any final judgment or
    order of court, except a petition to modify, terminate, or
    enforce a judgment or order for child or spousal support or
    to modify, suspend, or terminate an order for withholding,
    if filed later than 30 days after the entry of the judgment
    or order, a minimum of $75 and a maximum of $90.
        (3) Petition to vacate order of bond forfeiture, a
    minimum of $40 and a maximum of $80.
(h) Mailing.
        When the clerk is required to mail, the fee will be a
    minimum of $10 and a maximum of $15, plus the cost of
    postage.
(i) Certified Copies.
        Each certified copy of a judgment after the first,
    except in small claims and forcible entry and detainer
    cases, a minimum of $15 and a maximum of $20.
(j) Habeas Corpus.
        For filing a petition for relief by habeas corpus, a
    minimum of $125 and a maximum of $190.
(k) Certification, Authentication, and Reproduction.
        (1) Each certification or authentication for taking
    the acknowledgment of a deed or other instrument in writing
    with the seal of office, a minimum of $6 and a maximum of
    $9.
        (2) Court appeals when original documents are
    forwarded, under 100 pages, plus delivery and costs, a
    minimum of $75 and a maximum of $110.
        (3) Court appeals when original documents are
    forwarded, over 100 pages, plus delivery and costs, a
    minimum of $150 and a maximum of $185.
        (4) Court appeals when original documents are
    forwarded, over 200 pages, an additional fee of a minimum
    of 25 and a maximum of 30 cents per page.
        (5) For reproduction of any document contained in the
    clerk's files:
            (A) First page, $2.
            (B) Next 19 pages, 50 cents per page.
            (C) All remaining pages, 25 cents per page.
(l) Remands.
        In any cases remanded to the Circuit Court from the
    Supreme Court or the Appellate Court for a new trial, the
    clerk shall file the remanding order and reinstate the case
    with either its original number or a new number. The Clerk
    shall not charge any new or additional fee for the
    reinstatement. Upon reinstatement the Clerk shall advise
    the parties of the reinstatement. A party shall have the
    same right to a jury trial on remand and reinstatement as
    he or she had before the appeal, and no additional or new
    fee or charge shall be made for a jury trial after remand.
(m) Record Search.
        For each record search, within a division or municipal
    district, the clerk shall be entitled to a search fee of a
    minimum of $6 and a maximum of $9 for each year searched.
(n) Hard Copy.
        For each page of hard copy print output, when case
    records are maintained on an automated medium, the clerk
    shall be entitled to a fee of a minimum of $6 and a maximum
    of $9.
(o) Index Inquiry and Other Records.
        No fee shall be charged for a single
    plaintiff/defendant index inquiry or single case record
    inquiry when this request is made in person and the records
    are maintained in a current automated medium, and when no
    hard copy print output is requested. The fees to be charged
    for management records, multiple case records, and
    multiple journal records may be specified by the Chief
    Judge pursuant to the guidelines for access and
    dissemination of information approved by the Supreme
    Court.
(p) (Blank).
(q) Alias Summons.
        For each alias summons or citation issued by the clerk,
    a minimum of $5 and a maximum of $6.
(r) Other Fees.
        Any fees not covered in this Section shall be set by
    rule or administrative order of the Circuit Court with the
    approval of the Administrative Office of the Illinois
    Courts.
        The clerk of the circuit court may provide additional
    services for which there is no fee specified by statute in
    connection with the operation of the clerk's office as may
    be requested by the public and agreed to by the clerk and
    approved by the chief judge of the circuit court. Any
    charges for additional services shall be as agreed to
    between the clerk and the party making the request and
    approved by the chief judge of the circuit court. Nothing
    in this subsection shall be construed to require any clerk
    to provide any service not otherwise required by law.
(s) Jury Services.
        The clerk shall be entitled to receive, in addition to
    other fees allowed by law, the sum of a minimum of $212.50
    and maximum of $230, as a fee for the services of a jury in
    every civil action not quasi-criminal in its nature and not
    a proceeding for the exercise of the right of eminent
    domain and in every other action wherein the right of trial
    by jury is or may be given by law. The jury fee shall be
    paid by the party demanding a jury at the time of filing
    the jury demand. If the fee is not paid by either party, no
    jury shall be called in the action or proceeding, and the
    same shall be tried by the court without a jury.
(t) Voluntary Assignment.
        For filing each deed of voluntary assignment, a minimum
    of $20 and a maximum of $40; for recording the same, a
    minimum of 50 and a maximum of $0.80 for each 100 words.
    Exceptions filed to claims presented to an assignee of a
    debtor who has made a voluntary assignment for the benefit
    of creditors shall be considered and treated, for the
    purpose of taxing costs therein, as actions in which the
    party or parties filing the exceptions shall be considered
    as party or parties plaintiff, and the claimant or
    claimants as party or parties defendant, and those parties
    respectively shall pay to the clerk the same fees as
    provided by this Section to be paid in other actions.
(u) Expungement Petition.
        The clerk shall be entitled to receive a fee of a
    minimum of $60 and a maximum of $120 for each expungement
    petition filed and an additional fee of a minimum of $4 and
    a maximum of $8 for each certified copy of an order to
    expunge arrest records.
(v) Probate.
        The clerk is entitled to receive the fees specified in
    this subsection (v), which shall be paid in advance, except
    that, for good cause shown, the court may suspend, reduce,
    or release the costs payable under this subsection:
        (1) For administration of the estate of a decedent
    (whether testate or intestate) or of a missing person, a
    minimum of $150 and a maximum of $225, plus the fees
    specified in subsection (v)(3), except:
            (A) When the value of the real and personal
        property does not exceed $15,000, the fee shall be a
        minimum of $40 and a maximum of $65.
            (B) When (i) proof of heirship alone is made, (ii)
        a domestic or foreign will is admitted to probate
        without administration (including proof of heirship),
        or (iii) letters of office are issued for a particular
        purpose without administration of the estate, the fee
        shall be a minimum of $40 and a maximum of $65.
        (2) For administration of the estate of a ward, a
    minimum of $75 and a maximum of $110, plus the fees
    specified in subsection (v)(3), except:
            (A) When the value of the real and personal
        property does not exceed $15,000, the fee shall be a
        minimum of $40 and a maximum of $65.
            (B) When (i) letters of office are issued to a
        guardian of the person or persons, but not of the
        estate or (ii) letters of office are issued in the
        estate of a ward without administration of the estate,
        including filing or joining in the filing of a tax
        return or releasing a mortgage or consenting to the
        marriage of the ward, the fee shall be a minimum of $20
        and a maximum of $40.
        (3) In addition to the fees payable under subsection
    (v)(1) or (v)(2) of this Section, the following fees are
    payable:
            (A) For each account (other than one final account)
        filed in the estate of a decedent, or ward, a minimum
        of $25 and a maximum of $40.
            (B) For filing a claim in an estate when the amount
        claimed is $150 or more but less than $500, a minimum
        of $20 and a maximum of $40; when the amount claimed is
        $500 or more but less than $10,000, a minimum of $40
        and a maximum of $65; when the amount claimed is
        $10,000 or more, a minimum of $60 and a maximum of $90;
        provided that the court in allowing a claim may add to
        the amount allowed the filing fee paid by the claimant.
            (C) For filing in an estate a claim, petition, or
        supplemental proceeding based upon an action seeking
        equitable relief including the construction or contest
        of a will, enforcement of a contract to make a will,
        and proceedings involving testamentary trusts or the
        appointment of testamentary trustees, a minimum of $60
        and a maximum of $90.
            (D) For filing in an estate (i) the appearance of
        any person for the purpose of consent or (ii) the
        appearance of an executor, administrator,
        administrator to collect, guardian, guardian ad litem,
        or special administrator, no fee.
            (E) Except as provided in subsection (v)(3)(D),
        for filing the appearance of any person or persons, a
        minimum of $30 and a maximum of $90.
            (F) For each jury demand, a minimum of $137.50 and
        a maximum of $180.
            (G) For disposition of the collection of a judgment
        or settlement of an action or claim for wrongful death
        of a decedent or of any cause of action of a ward, when
        there is no other administration of the estate, a
        minimum of $50 and a maximum of $80, less any amount
        paid under subsection (v)(1)(B) or (v)(2)(B) except
        that if the amount involved does not exceed $5,000, the
        fee, including any amount paid under subsection
        (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a
        maximum of $40.
            (H) For each certified copy of letters of office,
        of court order or other certification, a minimum of $2
        and a maximum of $4, plus $1 per page in excess of 3
        pages for the document certified.
            (I) For each exemplification, $2, plus the fee for
        certification.
        (4) The executor, administrator, guardian, petitioner,
    or other interested person or his or her attorney shall pay
    the cost of publication by the clerk directly to the
    newspaper.
        (5) The person on whose behalf a charge is incurred for
    witness, court reporter, appraiser, or other miscellaneous
    fee shall pay the same directly to the person entitled
    thereto.
        (6) The executor, administrator, guardian, petitioner,
    or other interested person or his or her attorney shall pay
    to the clerk all postage charges incurred by the clerk in
    mailing petitions, orders, notices, or other documents
    pursuant to the provisions of the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
        (1) The clerk shall be entitled to costs in all
    criminal and quasi-criminal cases from each person
    convicted or sentenced to supervision therein as follows:
            (A) Felony complaints, a minimum of $125 and a
        maximum of $190.
            (B) Misdemeanor complaints, a minimum of $75 and a
        maximum of $110.
            (C) Business offense complaints, a minimum of $75
        and a maximum of $110.
            (D) Petty offense complaints, a minimum of $75 and
        a maximum of $110.
            (E) Minor traffic or ordinance violations, $30.
            (F) When court appearance required, $50.
            (G) Motions to vacate or amend final orders, a
        minimum of $40 and a maximum of $80.
            (H) Motions to vacate bond forfeiture orders, a
        minimum of $30 and a maximum of $45.
            (I) Motions to vacate ex parte judgments, whenever
        filed, a minimum of $30 and a maximum of $45.
            (J) Motions to vacate judgment on forfeitures,
        whenever filed, a minimum of $25 and a maximum of $30.
            (K) Motions to vacate "failure to appear" or
        "failure to comply" notices sent to the Secretary of
        State, a minimum of $40 and a maximum of $50.
        (2) In counties having a population of 3,000,000 or
    more, when the violation complaint is issued by a municipal
    police department, the clerk shall be entitled to costs
    from each person convicted therein as follows:
            (A) Minor traffic or ordinance violations, $30.
            (B) When court appearance required, $50.
        (3) In ordinance violation cases punishable by fine
    only, the clerk of the circuit court shall be entitled to
    receive, unless the fee is excused upon a finding by the
    court that the defendant is indigent, in addition to other
    fees or costs allowed or imposed by law, the sum of a
    minimum of $112.50 and a maximum of $250 as a fee for the
    services of a jury. The jury fee shall be paid by the
    defendant at the time of filing his or her jury demand. If
    the fee is not so paid by the defendant, no jury shall be
    called, and the case shall be tried by the court without a
    jury.
(x) Transcripts of Judgment.
        For the filing of a transcript of judgment, the clerk
    shall be entitled to the same fee as if it were the
    commencement of a new suit.
(y) Change of Venue.
        (1) For the filing of a change of case on a change of
    venue, the clerk shall be entitled to the same fee as if it
    were the commencement of a new suit.
        (2) The fee for the preparation and certification of a
    record on a change of venue to another jurisdiction, when
    original documents are forwarded, a minimum of $40 and a
    maximum of $65.
(z) Tax objection complaints.
        For each tax objection complaint containing one or more
    tax objections, regardless of the number of parcels
    involved or the number of taxpayers joining in the
    complaint, a minimum of $50 and a maximum of $100.
(aa) Tax Deeds.
        (1) Petition for tax deed, if only one parcel is
    involved, a minimum of $250 and a maximum of $400.
        (2) For each additional parcel, add a fee of a minimum
    of $100 and a maximum of $200.
(bb) Collections.
        (1) For all collections made of others, except the
    State and county and except in maintenance or child support
    cases, a sum equal to 3.0% of the amount collected and
    turned over.
        (2) Interest earned on any funds held by the clerk
    shall be turned over to the county general fund as an
    earning of the office.
        (3) For any check, draft, or other bank instrument
    returned to the clerk for non-sufficient funds, account
    closed, or payment stopped, $25.
        (4) In child support and maintenance cases, the clerk,
    if authorized by an ordinance of the county board, may
    collect an annual fee of up to $36 from the person making
    payment for maintaining child support records and the
    processing of support orders to the State of Illinois KIDS
    system and the recording of payments issued by the State
    Disbursement Unit for the official record of the Court.
    This fee shall be in addition to and separate from amounts
    ordered to be paid as maintenance or child support and
    shall be deposited into a Separate Maintenance and Child
    Support Collection Fund, of which the clerk shall be the
    custodian, ex-officio, to be used by the clerk to maintain
    child support orders and record all payments issued by the
    State Disbursement Unit for the official record of the
    Court.     The clerk may recover from the person making the
    maintenance or child support payment any additional cost
    incurred in the collection of this annual fee.
        The clerk shall also be entitled to a fee of $5 for
    certifications made to the Secretary of State as provided
    in Section 7-703 of the Family Financial Responsibility Law
    and these fees shall also be deposited into the Separate
    Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
        For correction of the case number, case title, or
    attorney computer identification number, if required by
    rule of court, on any document filed in the clerk's office,
    to be charged against the party that filed the document, a
    minimum of $25 and a maximum of $40.
(dd) Exceptions.
        (1) The fee requirements of this Section shall not
    apply to police departments or other law enforcement
    agencies. In this Section, "law enforcement agency" means
    an agency of the State or a unit of local government which
    is vested by law or ordinance with the duty to maintain
    public order and to enforce criminal laws or ordinances.
    "Law enforcement agency" also means the Attorney General or
    any state's attorney.
        (2) No fee provided herein shall be charged to any unit
    of local government or school district. The fee
    requirements of this Section shall not apply to any action
    instituted under subsection (b) of Section 11-31-1 of the
    Illinois Municipal Code by a private owner or tenant of
    real property within 1200 feet of a dangerous or unsafe
    building seeking an order compelling the owner or owners of
    the building to take any of the actions authorized under
    that subsection.
        (3) The fee requirements of this Section shall not
    apply to the filing of any commitment petition or petition
    for an order authorizing the administration of authorized
    involuntary treatment in the form of medication under the
    Mental Health and Developmental Disabilities Code.
(ee) Adoption.
        (1) For an adoption...................................$65
        (2) Upon good cause shown, the court may waive the
    adoption filing fee in a special needs adoption. The term
    "special needs adoption" shall have the meaning ascribed to
    it by the Illinois Department of Children and Family
    Services.
(ff) Adoption exemptions.
        No fee other than that set forth in subsection (ee)
    shall be charged to any person in connection with an
    adoption proceeding nor may any fee be charged for
    proceedings for the appointment of a confidential
    intermediary under the Adoption Act.
(gg) Unpaid fees.
        Unless a court ordered payment schedule is implemented
    or the fee requirements of this Section are waived pursuant
    to court order, the clerk of the court may add to any
    unpaid fees and costs under this Section a delinquency
    amount equal to 5% of the unpaid fees that remain unpaid
    after 30 days, 10% of the unpaid fees that remain unpaid
    after 60 days, and 15% of the unpaid fees that remain
    unpaid after 90 days. Notice to those parties may be made
    by signage posting or publication. The additional
    delinquency amounts collected under this Section shall be
    used to defray additional administrative costs incurred by
    the clerk of the circuit court in collecting unpaid fees
    and costs.
(Source: P.A. 92-521, eff. 6-1-02; 93-385, eff. 7-25-03;
93-573, eff. 8-21-03; revised 9-8-03.)
 
    (705 ILCS 105/27.3b)  (from Ch. 25, par. 27.3b)
    Sec. 27.3b. The clerk of court may accept payment of fines,
penalties, or costs by credit card or debit card approved by
the clerk from an offender who has been convicted of or placed
on court supervision for a traffic offense, petty offense,
ordinance offense, or misdemeanor or who has been convicted of
a felony offense. The clerk of the circuit court may accept
credit card payments over the Internet for fines, penalties, or
costs from offenders on voluntary electronic pleas of guilty in
minor traffic and conservation offenses to satisfy the
requirement of written pleas of guilty as provided in Illinois
Supreme Court Rule 529. The clerk of the court may also accept
payment of statutory fees by a credit card or debit card. The
clerk of the court may also accept the credit card or debit
card for the cash deposit of bail bond fees up to $300.
    The Clerk of the circuit court is authorized to enter into
contracts with credit card or debit card companies approved by
the clerk and to pay those companies fees normally charged by
those companies for allowing the clerk of the circuit court to
accept their credit cards or debit cards in payment as
authorized herein. Where the offender pays fines, penalties, or
costs by credit card or debit card, or anyone paying statutory
fees of the circuit court clerk or the posting of cash bail,
the clerk shall collect a service fee of up to $5 or the amount
charged to the clerk for use of its services by the credit card
or debit card issuer. This service fee shall be in addition to
any other fines, penalties, or costs.
(Source: P.A. 93-391, eff. 1-1-04.)
 
    Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-7 as follows:
 
    (725 ILCS 5/110-7)  (from Ch. 38, par. 110-7)
    Sec. 110-7. Deposit of Bail Security.
    (a) The person for whom bail has been set shall execute the
bail bond and deposit with the clerk of the court before which
the proceeding is pending a sum of money equal to 10% of the
bail, but in no event shall such deposit be less than $25. The
clerk of the court shall provide a space on each form for a
person other than the accused who has provided the money for
the posting of bail to so indicate and a space signed by an
accused who has executed the bail bond indicating whether a
person other than the accused has provided the money for the
posting of bail. The form shall also include a written notice
to such person who has provided the defendant with the money
for the posting of bail indicating that the bail may be used to
pay costs, attorney's fees, fines, or other purposes authorized
by the court and if the defendant fails to comply with the
conditions of the bail bond, the court shall enter an order
declaring the bail to be forfeited. The written notice must be:
(1) distinguishable from the surrounding text; (2) in bold type
or underscored; and (3) in a type size at least 2 points larger
than the surrounding type. When a person for whom bail has been
set is charged with an offense under the "Illinois Controlled
Substances Act" which is a Class X felony, the court may
require the defendant to deposit a sum equal to 100% of the
bail. Where any person is charged with a forcible felony while
free on bail and is the subject of proceedings under Section
109-3 of this Code the judge conducting the preliminary
examination may also conduct a hearing upon the application of
the State pursuant to the provisions of Section 110-6 of this
Code to increase or revoke the bail for that person's prior
alleged offense.
    (b) Upon depositing this sum and any bond fee authorized by
law, the person shall be released from custody subject to the
conditions of the bail bond.
    (c) Once bail has been given and a charge is pending or is
thereafter filed in or transferred to a court of competent
jurisdiction the latter court shall continue the original bail
in that court subject to the provisions of Section 110-6 of
this Code.
    (d) After conviction the court may order that the original
bail stand as bail pending appeal or deny, increase or reduce
bail subject to the provisions of Section 110-6.2.
    (e) After the entry of an order by the trial court allowing
or denying bail pending appeal either party may apply to the
reviewing court having jurisdiction or to a justice thereof
sitting in vacation for an order increasing or decreasing the
amount of bail or allowing or denying bail pending appeal
subject to the provisions of Section 110-6.2.
    (f) When the conditions of the bail bond have been
performed and the accused has been discharged from all
obligations in the cause the clerk of the court shall return to
the accused or to the defendant's designee by an assignment
executed at the time the bail amount is deposited, unless the
court orders otherwise, 90% of the sum which had been deposited
and shall retain as bail bond costs 10% of the amount
deposited. However, in no event shall the amount retained by
the clerk as bail bond costs be less than $5. Bail bond
deposited by or on behalf of a defendant in one case may be
used, in the court's discretion, to satisfy financial
obligations of that same defendant incurred in a different case
due to a fine, court costs, restitution or fees of the
defendant's attorney of record. In counties with a population
of 3,000,000 or more, the The court shall not order bail bond
deposited by or on behalf of a defendant in one case to be used
to satisfy financial obligations of that same defendant in a
different case until the bail bond is first used to satisfy
court costs and attorney's fees in the case in which the bail
bond has been deposited and any other unpaid child support
obligations are satisfied. In counties with a population of
less than 3,000,000, the court shall not order bail bond
deposited by or on behalf of a defendant in one case to be used
to satisfy financial obligations of that same defendant in a
different case until the bail bond is first used to satisfy
court costs in the case in which the bail bond has been
deposited.
    At the request of the defendant the court may order such
90% of defendant's bail deposit, or whatever amount is
repayable to defendant from such deposit, to be paid to
defendant's attorney of record.
    (g) If the accused does not comply with the conditions of
the bail bond the court having jurisdiction shall enter an
order declaring the bail to be forfeited. Notice of such order
of forfeiture shall be mailed forthwith to the accused at his
last known address. If the accused does not appear and
surrender to the court having jurisdiction within 30 days from
the date of the forfeiture or within such period satisfy the
court that appearance and surrender by the accused is
impossible and without his fault the court shall enter judgment
for the State if the charge for which the bond was given was a
felony or misdemeanor, or if the charge was quasi-criminal or
traffic, judgment for the political subdivision of the State
which prosecuted the case, against the accused for the amount
of the bail and costs of the court proceedings; however, in
counties with a population of less than 3,000,000, instead of
the court entering a judgment for the full amount of the bond
the court may, in its discretion, enter judgment for the cash
deposit on the bond, less costs, retain the deposit for further
disposition or, if a cash bond was posted for failure to appear
in a matter involving enforcement of child support or
maintenance, the amount of the cash deposit on the bond, less
outstanding costs, may be awarded to the person or entity to
whom the child support or maintenance is due. The deposit made
in accordance with paragraph (a) shall be applied to the
payment of costs. If judgment is entered and any amount of such
deposit remains after the payment of costs it shall be applied
to payment of the judgment and transferred to the treasury of
the municipal corporation wherein the bond was taken if the
offense was a violation of any penal ordinance of a political
subdivision of this State, or to the treasury of the county
wherein the bond was taken if the offense was a violation of
any penal statute of this State. The balance of the judgment
may be enforced and collected in the same manner as a judgment
entered in a civil action.
    (h) After a judgment for a fine and court costs or either
is entered in the prosecution of a cause in which a deposit had
been made in accordance with paragraph (a) the balance of such
deposit, after deduction of bail bond costs, shall be applied
to the payment of the judgment.
(Source: P.A. 92-16, eff. 6-28-01; 93-371, eff. 1-1-04.)