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Public Act 093-0760 |
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AN ACT concerning fees.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Clerks of Courts Act is amended by changing | ||||
Sections 27.2, 27.2a and
27.3b as follows:
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(705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
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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
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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:
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(a) Civil Cases.
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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.
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(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.
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(B) When that amount exceeds $250 but does not | ||||
exceed $1,000, a minimum of $20 and a maximum of $40.
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(C) When that amount exceeds $1,000 but does not | ||||
exceed
$2500, a minimum
of $30 and a maximum of $50.
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(D) When that amount exceeds $2500 but does not |
exceed $5,000, a minimum of $75 and a maximum of $100.
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(D-5) When the amount exceeds $5,000 but does not | ||
exceed $15,000, a
minimum of $75 and a maximum of $150.
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(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.
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(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,
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certifying, or
photocopying petitions for orders of | ||
protection, or for issuing alias summons,
or for any
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related filing service, certifying, modifying, | ||
vacating, or
photocopying any
orders of protection.
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(b) Forcible Entry and Detainer.
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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
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maximum of $225.
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(c) Counterclaim or Joining Third Party Defendant.
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When any defendant files a counterclaim as part of his | ||
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.
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(d) Confession of Judgment.
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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.
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When the amount exceeds $5,000, but does not exceed
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$15,000, $175.
When the amount exceeds $15,000, a minimum | ||
of $200 and a maximum of
$250.
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(e) Appearance.
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The fee for filing an appearance in each civil case | ||
shall be a minimum
of $50 and a maximum of $75,
except as | ||
follows:
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(A) When the plaintiff in a forcible entry and | ||
detainer case seeks
possession only, a minimum of $20 | ||
and a maximum of $40.
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(B) When the amount in the case does not exceed | ||
$1500, a minimum of
$20 and a maximum of $40.
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(C) When the amount in the case exceeds $1500 but | ||
does
not exceed $15,000, a minimum of $40 and a maximum | ||
of $60.
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(f) Garnishment, Wage Deduction, and Citation.
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In garnishment affidavit, wage deduction affidavit, | ||
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
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$5,000, a minimum of $30 and a maximum of $50.
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(g) Petition to Vacate
or Modify.
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(1) Petition to vacate
or modify any final judgment or | ||
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
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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.
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(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.
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(3) Petition to vacate order of bond forfeiture, a | ||
minimum of $20
and a maximum of $40.
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(h) Mailing.
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When the clerk is required to mail, the fee will be a | ||
minimum of $6
and a maximum of $10, plus the cost of | ||
postage.
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(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.
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(j) Habeas Corpus.
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For filing a petition for relief by habeas corpus, a | ||
minimum of $80
and a maximum of $125.
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(k) Certification, Authentication, and Reproduction.
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(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.
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(2) Court appeals when original documents are | ||
forwarded, under 100 pages,
plus delivery and costs, a | ||
minimum of $50 and a maximum of $75.
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(3) Court appeals when original documents are | ||
forwarded, over 100 pages,
plus delivery and costs, a | ||
minimum of $120 and a maximum of $150.
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(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.
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(5) For reproduction of any document contained in the | ||
clerk's files:
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(A) First page, $2.
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(B) Next 19 pages, 50 cents per page.
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(C) All remaining pages, 25 cents per page.
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(l) Remands.
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In any cases remanded to the Circuit Court from the | ||
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
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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.
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(m) Record Search.
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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.
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(n) Hard Copy.
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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.
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(o) Index Inquiry and Other Records.
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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.
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(p) (Blank).
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(q) Alias Summons.
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For each alias summons or citation issued by the clerk, | ||
a minimum of $4
and a maximum of $5.
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(r) Other Fees.
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Any fees not covered in this Section shall be set by |
rule or
administrative order of the Circuit Court with the | ||
approval of the
Administrative Office of the Illinois | ||
Courts.
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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
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charges for additional services shall be as agreed to
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between the clerk and the party making the request and | ||
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.
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(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.
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(t) Voluntary Assignment.
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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.
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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.
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(u) Expungement Petition.
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The clerk shall be entitled to receive a
fee of a | ||
minimum of $30 and a maximum of $60 for each expungement
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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.
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(v) Probate.
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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:
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(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:
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(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.
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(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
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purpose without administration of the estate, the fee | ||
shall be a minimum of
$25 and a maximum of $40.
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(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:
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(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.
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(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
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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.
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(3) In addition to the fees payable under subsection | ||
(v)(1) or (v)(2)
of this Section, the following fees are | ||
payable:
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(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.
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(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.
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(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.
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(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,
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administrator to collect, guardian, guardian ad litem, | ||
or special
administrator, no fee.
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(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.
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(F) For each jury demand, a minimum of $102.50 and | ||
a maximum of
$137.50.
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(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
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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.
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(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
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document certified.
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(I) For each exemplification, a minimum of $1 and a | ||
maximum of
$2, plus the fee for certification.
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(4) The executor, administrator, guardian, petitioner,
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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.
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(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.
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(w) Criminal and Quasi-Criminal Costs and Fees.
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(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:
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(A) Felony complaints, a minimum of $80 and a | ||
maximum of $125.
| ||
(B) Misdemeanor complaints, a minimum of $50 and a |
maximum of
$75.
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(C) Business offense complaints, a minimum of $50 | ||
and a maximum of
$75.
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(D) Petty offense complaints, a minimum of $50 and | ||
a maximum of
$75.
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(E) Minor traffic or ordinance violations, $20.
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(F) When court appearance required, $30.
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(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.
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(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
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person convicted therein as follows:
| ||
(A) Minor traffic or ordinance violations, $10.
| ||
(B) When court appearance required, $15.
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(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
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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.
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(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.)
|