Bill Text: IL SB1348 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Counties Code. Provides that a sheriff in a county of the third class may receive a fee of $60 for serving or attempting to serve any summons filed in person on a defendant and $40 for serving or attempting to serve any summons filed electronically on a defendant (rather than $35 for serving or attempting to serve any summons on a defendant). Provides that a sheriff in a county of the third class may receive a fee of $60 for serving or attempting to serve all other process, filed in person on a defendant and $40 for serving or attempting to serve all other process filed electronically on a defendant (rather than $35 for serving or attempting to serve all other process on each defendant). Provides that a sheriff in a county of the third class may receive a fee of $25 for returning each process initially filed in person and $15 for returning each process initially filed electronically (rather than $15 for returning each process).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-18 - Senate Committee Amendment No. 1 Assignments Refers to Judiciary [SB1348 Detail]

Download: Illinois-2025-SB1348-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1348 Introduced 1/28/2025, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
55 ILCS 5/4-12001 from Ch. 34, par. 4-12001
Amends the Counties Code. Provides that a sheriff in a county of the third class may receive a fee of $60 for serving or attempting to serve any summons filed in person on a defendant and $40 for serving or attempting to serve any summons filed electronically on a defendant (rather than $35 for serving or attempting to serve any summons on a defendant). Provides that a sheriff in a county of the third class may receive a fee of $60 for serving or attempting to serve all other process, filed in person on a defendant and $40 for serving or attempting to serve all other process filed electronically on a defendant (rather than $35 for serving or attempting to serve all other process on each defendant). Provides that a sheriff in a county of the third class may receive a fee of $25 for returning each process initially filed in person and $15 for returning each process initially filed electronically (rather than $15 for returning each process).
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A BILL FOR
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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
Section 4-12001 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 filed in
person on each defendant, $60 $35.
For serving or attempting to serve any summons filed
electronically on each defendant, $40.
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,
filed in person on each defendant, $60 $35.
For serving or attempting to serve all other process filed

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electronically on each defendant, $40.
For serving or attempting to serve a subpoena on each
witness, $35.
For serving or attempting to serve each warrant, $35.
For serving or attempting to serve each garnishee, $35.
For summoning each juror, $10.
For serving or attempting to serve each order or judgment
for replevin, $35.
For serving or attempting to serve an order for
attachment, on each defendant, $35.
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 eviction action,
without aid, $35, 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.
For levying to satisfy an order in an action for
attachment, $25.
For executing order of court to seize personal property,
$25.
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

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to tax the necessary actual costs of such possession or
removal.
For advertising property for sale, $20.
For making certificate of sale and making and filing
duplicate for record, $15, 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, 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.
For returning each process initially filed in person,
$25 $15.
For returning each process initially filed electronically,
$15.
Mileage for service or attempted service of all process is
a $10 flat fee.
For attending before a court with a prisoner on an order
for habeas corpus, $9 per day.

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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

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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;
For judgments over $1,000 to $15,000, $300;
For judgments over $15,000, $500.

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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. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23.)