|
|
||||
| Public Act 094-1104 |
||||
| ||||
| ||||
AN ACT concerning local government.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Counties Code is amended by changing | ||||
Sections 4-12001 and 4-12001.1 as follows:
| ||||
(55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
| ||||
Sec. 4-12001. Fees of sheriff in third class counties. The | ||||
officers herein named, in counties of the third class,
shall be | ||||
entitled to receive the fees herein specified, for the services
| ||||
mentioned and such other fees as may be provided by law for | ||||
such other
services not herein designated.
| ||||
Fees for Sheriff
| ||||
For serving or attempting to serve any summons on each | ||||
defendant, $35
$15.
| ||||
For serving or attempting to serve each alias summons or | ||||
other process
mileage will be charged as hereinafter provided | ||||
when the address for
service differs from the address for | ||||
service on the original summons or
other process.
| ||||
For serving or attempting to serve all other process, on | ||||
each defendant, $35
$15.
| ||||
For serving or attempting to serve a subpoena on each | ||||
witness, $35
$25.
| ||||
For serving or attempting to serve each warrant, $35
$15.
| ||||
For serving or attempting to serve each garnishee, $35
$15.
| ||||
For summoning each juror, $10.
| ||||
For serving or attempting to serve each order or judgment | ||||
for replevin, $35
$15.
| ||||
For serving or attempting to serve an order for attachment, | ||||
on each
defendant, $35
$15.
| ||||
For serving or attempting to serve an order or judgment for | ||||
the
possession of real estate in an action of ejectment or in | ||||
any other action,
or for restitution in an action of forcible | ||||
entry and detainer, without
aid, $35
$15, and when aid is | ||
necessary, the sheriff shall be allowed to tax in
addition the | ||
actual costs thereof.
| ||
For serving or attempting to serve notice of judgment, $35
| ||
$15.
| ||
For levying to satisfy an order in an action for | ||
attachment, $25
$15.
| ||
For executing order of court to seize personal property, | ||
$25
$15.
| ||
For making certificate of levy on real estate and filing or | ||
recording
same, $8, and the fee for filing or recording shall | ||
be advanced by the
plaintiff in attachment or by the judgment | ||
creditor and taxed as costs.
For taking possession of or | ||
removing property levied on, the sheriff
shall be allowed to | ||
tax the necessary actual costs of such possession or
removal.
| ||
For advertising property for sale, $20
$8.
| ||
For making certificate of sale and making and filing | ||
duplicate for
record, $15
$8, and the fee for recording same | ||
shall be advanced by the
judgment creditor and taxed as costs.
| ||
For preparing, executing and acknowledging deed on | ||
redemption from a
court sale of real estate, $15; for | ||
preparing, executing and
acknowledging all other deeds on sale | ||
of real estate, $10.
| ||
For making and filing certificate of redemption, $15
$9, | ||
and the fee
for recording same shall be advanced by party | ||
making the redemption and
taxed as costs.
| ||
For making and filing certificate of redemption from a | ||
court sale,
$11, and the fee for recording same shall be | ||
advanced by the party
making the redemption and taxed as costs.
| ||
For taking all bonds on legal process, $10
$5.
| ||
For taking special bail, $5.
| ||
For returning each process, $15
$8.
| ||
Mileage for service or attempted service of all process is | ||
a $10 flat fee , 20¢ per mile
each way necessarily traveled in | ||
making or attempting to make such service
computed from the | ||
place of holding court.
| ||
For attending before a court with a prisoner on an order | ||
for habeas
corpus, $9 per day.
| ||
For executing requisitions from other States, $13.
| ||
For conveying each prisoner from the prisoner's county to | ||
the jail of
another county, per mile for going only, 25¢.
| ||
For committing to or discharging each prisoner from jail, | ||
$3.
| ||
For feeding each prisoner, such compensation to cover | ||
actual costs as
may be fixed by the county board, but such | ||
compensation shall not be
considered a part of the fees of the | ||
office.
| ||
For committing each prisoner to jail under the laws of the | ||
United
States, to be paid by the marshal or other person | ||
requiring his
confinement, $3.
| ||
For feeding such prisoners per day, $3, to be paid by the | ||
marshal or
other person requiring the prisoner's confinement.
| ||
For discharging such prisoners, $3.
| ||
For conveying persons to the penitentiary, reformatories, | ||
Illinois
State Training School for Boys, Illinois State | ||
Training School for
Girls, Reception Centers and Illinois | ||
Security Hospital, the following
fees, payable out of the State | ||
Treasury. When one person is conveyed,
20¢ per mile in going to | ||
the penitentiary, reformatories, Illinois State
Training | ||
School for Boys, Illinois State Training School for Girls,
| ||
Reception Centers and Illinois Security Hospital from the place | ||
of
conviction; when 2 persons are conveyed at the same time, | ||
20¢ per mile
for the first and 15¢ per mile for the second | ||
person; when more than 2
persons are conveyed at the same time | ||
as Stated above, the sheriff shall
be allowed 20¢ per mile for | ||
the first, 15¢ per mile
for the second and
10¢ per mile for | ||
each additional person.
| ||
The fees provided for herein for transporting persons to | ||
the
penitentiary, reformatories, Illinois State Training | ||
School for Boys,
Illinois State Training School for Girls, | ||
Reception Centers and Illinois
Security Hospital, shall be paid | ||
for each trip so made. Mileage as used
in this Section means | ||
the shortest route on a hard surfaced road,
(either State Bond | ||
Issue Route or Federal highways) or railroad,
whichever is | ||
shorter, between the place from which the person is to be
| ||
transported, to the penitentiary, reformatories, Illinois | ||
State Training
School for Boys, Illinois State Training School | ||
for Girls, Reception
Centers and Illinois Security Hospital, | ||
and all fees per mile shall be
computed on such basis.
| ||
In addition to the above fees, there shall be allowed to | ||
the sheriff
a fee of $900 for the sale of real estate which | ||
shall be made by virtue
of any judgment of a court. In addition | ||
to this fee and all other fees
provided by this Section, there | ||
shall be allowed to the sheriff a fee in
accordance with the | ||
following schedule for the sale of personal estate
which is | ||
made by virtue of any judgment of a
court:
| ||
For judgments up to $1,000, $100
$85;
| ||
For judgments over $1,000 to $15,000, $300
$175;
| ||
For judgments over $15,000, $500
$400.
| ||
In all cases where the judgment is settled by the parties, | ||
replevied,
stopped by injunction or paid, or where the property | ||
levied upon is not
actually sold, the sheriff shall be allowed | ||
the fee for levying and
mileage, together with half the fee for | ||
all money collected by him or
her which he or she would be | ||
entitled to if the same were made by sale
in the enforcement of | ||
a judgment. In no case shall the fee exceed the
amount of money | ||
arising from the sale.
| ||
The fee requirements of this Section do not apply to police | ||
departments
or other law enforcement agencies. For the purposes | ||
of this Section, "law
enforcement agency" means an agency of | ||
the State or 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.
| ||
The fee requirements of this Section do not apply to units | ||
of local
government or school districts.
| ||
(Source: P.A. 86-962; 87-669; 87-670.)
| ||
(55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)
| ||
Sec. 4-12001.1. Fees of sheriff in third class counties; | ||
local
governments and school districts. The officers herein | ||
named, in counties of
the third class, shall be entitled to | ||
receive the fees herein specified
from all units of local | ||
governments and school districts, for the services
mentioned | ||
and such other fees as may be provided by law for such other
| ||
services not herein designated.
| ||
Fees for Sheriff
| ||
For serving or attempting to serve any summons on each | ||
defendant, $25
$10.
| ||
For serving or attempting to serve each alias summons or | ||
other process
mileage will be charged as hereinafter provided | ||
when the address for
service differs from the address for | ||
service on the original summons or
other process.
| ||
For serving or attempting to serve all other process, on | ||
each defendant, $25
$10.
| ||
For serving or attempting to serve a subpoena on each | ||
witness, $25
$10.
| ||
For serving or attempting to serve each warrant, $25
$10.
| ||
For serving or attempting to serve each garnishee, $25
$10.
| ||
For summoning each juror, $4.
| ||
For serving or attempting to serve each order or judgment | ||
for replevin, $25
$10.
| ||
For serving or attempting to serve an order for attachment, | ||
on each
defendant, $25
$10.
| ||
For serving or attempting to serve an order or judgment for | ||
the
possession of real estate in an action of ejectment or in | ||
any other action,
or for restitution in an action of forcible | ||
entry and detainer, without
aid, $9, and when aid is necessary, | ||
the sheriff shall be allowed to tax in
addition the actual | ||
costs thereof.
| ||
For serving or attempting to serve notice of judgment, $25
| ||
$10.
| ||
For levying to satisfy an order in an action for | ||
attachment, $25
$10.
| ||
For executing order of court to seize personal property, | ||
$25
$10.
| ||
For making certificate of levy on real estate and filing or | ||
recording
same, $3, and the fee for filing or recording shall | ||
be advanced by the
plaintiff in attachment or by the judgment | ||
creditor and taxed as costs.
For taking possession of or | ||
removing property levied on, the sheriff
shall be allowed to | ||
tax the necessary actual costs of such possession or
removal.
| ||
For advertising property for sale, $3.
| ||
For making certificate of sale and making and filing | ||
duplicate for
record, $3, and the fee for recording same shall | ||
be advanced by the
judgment creditor and taxed as costs.
| ||
For preparing, executing and acknowledging deed on | ||
redemption from a
court sale of real estate, $6; for preparing, | ||
executing and
acknowledging all other deeds on sale of real | ||
estate, $4.
| ||
For making and filing certificate of redemption, $3.50, and | ||
the fee
for recording same shall be advanced by party making | ||
the redemption and
taxed as costs.
| ||
For making and filing certificate of redemption from a | ||
court sale,
$4.50, and the fee for recording same shall be | ||
advanced by the party
making the redemption and taxed as costs.
| ||
For taking all bonds on legal process, $2.
| ||
For taking special bail, $2.
| ||
For returning each process, $5.
| ||
Mileage for service or attempted service of all process is | ||
a $10 flat fee , 16¢ per mile
each way necessarily traveled in | ||
making or attempting to make such service
computed from the | ||
place of holding court.
| ||
For attending before a court with a prisoner on an order | ||
for habeas
corpus, $3.50 per day.
| ||
For executing requisitions from other States, $5.
| ||
For conveying each prisoner from the prisoner's county to | ||
the jail of
another county, per mile for going only, 25¢.
| ||
For committing to or discharging each prisoner from jail, | ||
$1.
| ||
For feeding each prisoner, such compensation to cover | ||
actual costs as
may be fixed by the county board, but such | ||
compensation shall not be
considered a part of the fees of the | ||
office.
| ||
For committing each prisoner to jail under the laws of the | ||
United
States, to be paid by the marshal or other person | ||
requiring his
confinement, $1.
| ||
For feeding such prisoners per day, $1, to be paid by the | ||
marshal or
other person requiring the prisoner's confinement.
| ||
For discharging such prisoners, $1.
| ||
For conveying persons to the penitentiary, reformatories, | ||
Illinois
State Training School for Boys, Illinois State | ||
Training School for
Girls, Reception Centers and Illinois | ||
Security Hospital, the following
fees, payable out of the State | ||
Treasury. When one person is conveyed,
15¢ per mile in going to | ||
the penitentiary, reformatories, Illinois State
Training | ||
School for Boys, Illinois State Training School for Girls,
| ||
Reception Centers and Illinois Security Hospital from the place | ||
of
conviction; when 2 persons are conveyed at the same time, | ||
15¢ per mile
for the first and 10¢ per mile for the second | ||
person; when more than 2
persons are conveyed at the same time | ||
as stated above, the sheriff shall
be allowed 15¢ per mile for | ||
the first, 10¢ per mile for the second and
5¢ per mile for each | ||
additional person.
| ||
The fees provided for herein for transporting persons to | ||
the
penitentiary, reformatories, Illinois State Training | ||
School for Boys,
Illinois State Training School for Girls, | ||
Reception Centers and Illinois
Security Hospital, shall be paid | ||
for each trip so made. Mileage as used
in this Section means | ||
the shortest route on a hard surfaced road,
(either State Bond | ||
Issue Route or Federal highways) or railroad,
whichever is | ||
shorter, between the place from which the person is to be
| ||
transported, to the penitentiary, reformatories, Illinois | ||
State Training
School for Boys, Illinois State Training School | ||
for Girls, Reception
Centers and Illinois Security Hospital, | ||
and all fees per mile shall be
computed on such basis.
| ||
In addition to the above fees, there shall be allowed to | ||
the sheriff
a fee of $600 for the sale of real estate which | ||
shall be made by virtue
of any judgment of a court. In addition | ||
to this fee and all other fees
provided by this Section, there | ||
shall be allowed to the sheriff a fee in
accordance with the | ||
following schedule for the sale of personal estate
which is | ||
made by virtue of any judgment of a
court:
| ||
For judgments up to $1,000, $90
$75;
| ||
For judgments over $1,000 to $15,000, $275
$150;
| ||
For judgments over $15,000, $400
$300.
| ||
In all cases where the judgment is settled by the parties, | ||
replevied,
stopped by injunction or paid, or where the property | ||
levied upon is not
actually sold, the sheriff shall be allowed | ||
the fee for levying and
mileage, together with half the fee for | ||
all money collected by him or
her which he or she would be | ||
entitled to if the same were made by sale
in the enforcement of | ||
a judgment. In no case shall the fee exceed the
amount of money | ||
arising from the sale. | ||
All fees collected under Sections 4-12001 and 4-12001.1 | ||
must be used for public safety purposes only.
| ||
(Source: P.A. 87-670.)
| ||