Bill Text: IL SB2365 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Clerks of Courts Act. Provides that no fee shall be charged to a person to remotely access on the Internet any case document or information that is identified as public under Illinois Supreme Court Rule 8.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB2365 Detail]

Download: Illinois-2023-SB2365-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2365 Introduced 2/10/2023, by Sen. John F. Curran SYNOPSIS AS INTRODUCED:
705 ILCS 105/27.1b
Amends the Clerks of Courts Act. Provides that no fee shall be charged to a person to remotely access on the Internet any case document or information that is identified as public under Illinois Supreme Court Rule 8.
LRB103 28375 LNS 54755 b
A BILL FOR
SB2365 LRB103 28375 LNS 54755 b
AN ACT concerning courts.
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
Section 27.1b as follows:
(705 ILCS 105/27.1b)
(Section scheduled to be repealed on January 1, 2024)
Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
other provision of law, all fees charged by the clerks of the
circuit court for the services described in this Section shall
be established, collected, and disbursed in accordance with
this Section. Except as otherwise specified in this Section,
all fees under this Section shall be paid in advance and
disbursed by each clerk on a monthly basis. In a county with a
population of over 3,000,000, units of local government and
school districts shall not be required to pay fees under this
Section in advance and the clerk shall instead send an
itemized bill to the unit of local government or school
district, within 30 days of the fee being incurred, and the
unit of local government or school district shall be allowed
at least 30 days from the date of the itemized bill to pay;
these payments shall be disbursed by each clerk on a monthly
basis. Unless otherwise specified in this Section, the amount

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of a fee shall be determined by ordinance or resolution of the
county board and remitted to the county treasurer to be used
for purposes related to the operation of the court system in
the county. In a county with a population of over 3,000,000,
any amount retained by the clerk of the circuit court or
remitted to the county treasurer shall be subject to
appropriation by the county board.
(a) Civil cases. The fee for filing a complaint, petition,
or other pleading initiating a civil action shall be as set
forth in the applicable schedule under this subsection in
accordance with case categories established by the Supreme
Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $366 in a
county with a population of 3,000,000 or more and not to
exceed $316 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $190 through December 31, 2021 and $184 on and
after January 1, 2022. The fees collected under this
schedule shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative

SB2365 - 3 - LRB103 28375 LNS 54755 b
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $290 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $250 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(2) SCHEDULE 2: not to exceed a total of $357 in a
county with a population of 3,000,000 or more and not to
exceed $266 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $190 through December 31, 2021 and $184 on and
after January 1, 2022. The fees collected under this

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schedule shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund: and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $281 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $200 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.

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(3) SCHEDULE 3: not to exceed a total of $265 in a
county with a population of 3,000,000 or more and not to
exceed $89 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$190 through December 31, 2021 and $184 on and after
January 1, 2022. The fees collected under this schedule
shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $22 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit $11 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts in accordance with the clerk's
instructions, as follows:
(i) $2 into the Access to Justice Fund; and
(ii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $199 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $56 in any other county, as specified by

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ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(4) SCHEDULE 4: $0.
(b) Appearance. The fee for filing an appearance in a
civil action, including a cannabis civil law action under the
Cannabis Control Act, shall be as set forth in the applicable
schedule under this subsection in accordance with case
categories established by the Supreme Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $230 in a
county with a population of 3,000,000 or more and not to
exceed $191 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $75. The fees collected under this schedule shall
be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's

SB2365 - 7 - LRB103 28375 LNS 54755 b
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $159 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $125 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(2) SCHEDULE 2: not to exceed a total of $130 in a
county with a population of 3,000,000 or more and not to
exceed $109 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $75. The fees collected under this schedule shall
be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and in an amount not to exceed $10 in
any other county determined by the clerk with the

SB2365 - 8 - LRB103 28375 LNS 54755 b
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit $9 to the State
Treasurer, which the State Treasurer shall deposit
into the Supreme Court Special Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $71 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $90 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(3) SCHEDULE 3: $0.
(b-5) Kane County and Will County. In Kane County and Will
County civil cases, there is an additional fee of up to $30 as
set by the county board under Section 5-1101.3 of the Counties
Code to be paid by each party at the time of filing the first
pleading, paper, or other appearance; provided that no
additional fee shall be required if more than one party is
represented in a single pleading, paper, or other appearance.
Distribution of fees collected under this subsection (b-5)
shall be as provided in Section 5-1101.3 of the Counties Code.
(c) Counterclaim or third party complaint. When any
defendant files a counterclaim or third party complaint, as
part of the defendant's answer or otherwise, the defendant

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shall pay a filing fee for each counterclaim or third party
complaint in an amount equal to the filing fee the defendant
would have had to pay had the defendant brought a separate
action for the relief sought in the counterclaim or third
party complaint, less the amount of the appearance fee, if
any, that the defendant has already paid in the action in which
the counterclaim or third party complaint is filed.
(d) Alias summons. The clerk shall collect a fee not to
exceed $6 in a county with a population of 3,000,000 or more
and not to exceed $5 in any other county for each alias summons
or citation issued by the clerk, except as applied to units of
local government and school districts in counties with more
than 3,000,000 inhabitants an amount not to exceed $5 for each
alias summons or citation issued by the clerk.
(e) Jury services. The clerk shall collect, in addition to
other fees allowed by law, a sum not to exceed $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 action or proceeding shall be tried by the
court without a jury.
(f) Change of venue. In connection with a change of venue:

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(1) The clerk of the jurisdiction from which the case
is transferred may charge a fee, not to exceed $40, for the
preparation and certification of the record; and
(2) The clerk of the jurisdiction to which the case is
transferred may charge the same filing fee as if it were
the commencement of a new suit.
(g) Petition to vacate or modify.
(1) In a proceeding involving a petition to vacate or
modify any final judgment or order filed within 30 days
after the judgment or order was entered, except for an
eviction case, small claims case, petition to reopen an
estate, petition to modify, terminate, or enforce a
judgment or order for child or spousal support, or
petition to modify, suspend, or terminate an order for
withholding, the fee shall not exceed $60 in a county with
a population of 3,000,000 or more and shall not exceed $50
in any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $50.
(2) In a proceeding involving a petition to vacate or
modify any final judgment or order filed more than 30 days
after the judgment or order was entered, except for a
petition to modify, terminate, or enforce a judgment or
order for child or spousal support, or petition to modify,
suspend, or terminate an order for withholding, the fee
shall not exceed $75.

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(3) In a proceeding involving a motion to vacate or
amend a final order, motion to vacate an ex parte
judgment, judgment of forfeiture, or "failure to appear"
or "failure to comply" notices sent to the Secretary of
State, the fee shall equal $40.
(h) Appeals preparation. The fee for preparation of a
record on appeal shall be based on the number of pages, as
follows:
(1) if the record contains no more than 100 pages, the
fee shall not exceed $70 in a county with a population of
3,000,000 or more and shall not exceed $50 in any other
county;
(2) if the record contains between 100 and 200 pages,
the fee shall not exceed $100; and
(3) if the record contains 200 or more pages, the
clerk may collect an additional fee not to exceed 25 cents
per page.
(i) Remands. In any cases remanded to the circuit court
from the Supreme Court or the appellate court for a new trial,
the clerk shall 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. Parties
shall have the same right to a jury trial on remand and
reinstatement that they had before the appeal, and no
additional or new fee or charge shall be made for a jury trial

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after remand.
(j) Garnishment, wage deduction, and citation. In
garnishment affidavit, wage deduction affidavit, and citation
petition proceedings:
(1) if the amount in controversy in the proceeding is
not more than $1,000, the fee may not exceed $35 in a
county with a population of 3,000,000 or more and may not
exceed $15 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$15;
(2) if the amount in controversy in the proceeding is
greater than $1,000 and not more than $5,000, the fee may
not exceed $45 in a county with a population of 3,000,000
or more and may not exceed $30 in any other county, except
as applied to units of local government and school
districts in counties with more than 3,000,000 inhabitants
an amount not to exceed $30; and
(3) if the amount in controversy in the proceeding is
greater than $5,000, the fee may not exceed $65 in a county
with a population of 3,000,000 or more and may not exceed
$50 in any other county, except as applied to units of
local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$50.
(j-5) Debt collection. In any proceeding to collect a debt

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subject to the exception in item (ii) of subparagraph (A-5) of
paragraph (1) of subsection (z) of this Section, the circuit
court shall order and the clerk shall collect from each
judgment debtor a fee of:
(1) $35 if the amount in controversy in the proceeding
is not more than $1,000;
(2) $45 if the amount in controversy in the proceeding
is greater than $1,000 and not more than $5,000; and
(3) $65 if the amount in controversy in the proceeding
is greater than $5,000.
(k) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, the clerk may collect a fee of up to 2.5% of
the amount collected and turned over.
(2) In child support and maintenance cases, the clerk
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 is 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

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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.
(3) The clerk may collect a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Illinois Vehicle Code, and this
fee shall be deposited into the Separate Maintenance and
Child Support Collection Fund.
(4) In proceedings to foreclose the lien of delinquent
real estate taxes, State's Attorneys shall receive a fee
of 10% of the total amount realized from the sale of real
estate sold in the proceedings. The clerk shall collect
the fee from the total amount realized from the sale of the
real estate sold in the proceedings and remit to the
County Treasurer to be credited to the earnings of the
Office of the State's Attorney.
(l) Mailing. The fee for the clerk mailing documents shall
not exceed $10 plus the cost of postage.
(m) Certified copies. The fee for each certified copy of a
judgment, after the first copy, shall not exceed $10.
(n) Certification, authentication, and reproduction.
(1) The fee for each certification or authentication
for taking the acknowledgment of a deed or other

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instrument in writing with the seal of office shall not
exceed $6.
(2) The fee for reproduction of any document contained
in the clerk's files shall not exceed:
(A) $2 for the first page;
(B) 50 cents per page for the next 19 pages; and
(C) 25 cents per page for all additional pages.
(o) Record search. For each record search, within a
division or municipal district, the clerk may collect a search
fee not to exceed $6 for each year searched.
(p) Hard copy. For each page of hard copy print output,
when case records are maintained on an automated medium, the
clerk may collect a fee not to exceed $10 in a county with a
population of 3,000,000 or more and not to exceed $6 in any
other county, except as applied to units of local government
and school districts in counties with more than 3,000,000
inhabitants an amount not to exceed $6.
(p-5) Remote access. No fee shall be charged to a person to
remotely access on the Internet any case document or
information that is identified as public under Illinois
Supreme Court Rule 8.
(q) Index inquiry and other records. No fee shall be
charged for a single plaintiff and 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

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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.
(r) Performing a marriage. There shall be a $10 fee for
performing a marriage in court.
(s) Voluntary assignment. For filing each deed of
voluntary assignment, the clerk shall collect a fee not to
exceed $20. For recording a deed of voluntary assignment, the
clerk shall collect a fee not to exceed 50 cents 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.
(t) Expungement petition. The clerk may collect a fee not
to exceed $60 for each expungement petition filed and an
additional fee not to exceed $4 for each certified copy of an
order to expunge arrest records.
(u) Transcripts of judgment. For the filing of a
transcript of judgment, the clerk may collect the same fee as
if it were the commencement of a new suit.

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(v) Probate filings.
(1) For each account (other than one final account)
filed in the estate of a decedent, or ward, the fee shall
not exceed $25.
(2) For filing a claim in an estate when the amount
claimed is greater than $150 and not more than $500, the
fee shall not exceed $40 in a county with a population of
3,000,000 or more and shall not exceed $25 in any other
county; when the amount claimed is greater than $500 and
not more than $10,000, the fee shall not exceed $55 in a
county with a population of 3,000,000 or more and shall
not exceed $40 in any other county; and when the amount
claimed is more than $10,000, the fee shall not exceed $75
in a county with a population of 3,000,000 or more and
shall not exceed $60 in any other county; except the court
in allowing a claim may add to the amount allowed the
filing fee paid by the claimant.
(3) 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, the fee shall not
exceed $60.
(4) There shall be no fee for filing in an estate: (i)
the appearance of any person for the purpose of consent;

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or (ii) the appearance of an executor, administrator,
administrator to collect, guardian, guardian ad litem, or
special administrator.
(5) For each jury demand, the fee shall not exceed
$137.50.
(6) For each certified copy of letters of office, of
court order, or other certification, the fee shall not
exceed $2 per page.
(7) For each exemplification, the fee shall not exceed
$2, plus the fee for certification.
(8) 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.
(9) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fees shall pay the same directly to the
person entitled thereto.
(10) 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) Corrections of numbers. For correction of the case
number, case title, or attorney computer identification

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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, the fee shall not exceed $25.
(x) Miscellaneous.
(1) Interest earned on any fees collected by the clerk
shall be turned over to the county general fund as an
earning of the office.
(2) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, the clerk shall collect a fee
of $25.
(y) 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 services in
connection with the operation of the clerk's office, other
than those services mentioned in this Section, as may be
requested by the public and agreed to by the clerk and approved
by the Chief Judge. 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. Nothing in this
subsection shall be construed to require any clerk to provide
any service not otherwise required by law.
(y-5) Unpaid fees. Unless a court ordered payment schedule
is implemented or the fee requirements of this Section are
waived under a court order, the clerk of the circuit court may

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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 deposited into the
Circuit Court Clerk Operations and Administration Fund and
used to defray additional administrative costs incurred by the
clerk of the circuit court in collecting unpaid fees and
costs.
(z) Exceptions.
(1) No fee authorized by this Section shall apply to:
(A) police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means: an agency of the State or agency of 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; the Attorney General; or
any State's Attorney;
(A-5) any unit of local government or school
district, except in counties having a population of
500,000 or more the county board may by resolution set
fees for units of local government or school districts
no greater than the minimum fees applicable in
counties with a population less than 3,000,000;

SB2365 - 21 - LRB103 28375 LNS 54755 b
provided however, no fee may be charged to any unit of
local government or school district in connection with
any action which, in whole or in part, is: (i) to
enforce an ordinance; (ii) to collect a debt; or (iii)
under the Administrative Review Law;
(B) any action instituted by the corporate
authority of a municipality with more than 1,000,000
inhabitants under Section 11-31-1 of the Illinois
Municipal Code and 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 1,200 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;
(C) any commitment petition or petition for an
order authorizing the administration of psychotropic
medication or electroconvulsive therapy under the
Mental Health and Developmental Disabilities Code;
(D) a petitioner in any order of protection
proceeding, including, but not limited to, fees for
filing, modifying, withdrawing, certifying, or
photocopying petitions for orders of protection,
issuing alias summons, any related filing service, or
certifying, modifying, vacating, or photocopying any
orders of protection; or

SB2365 - 22 - LRB103 28375 LNS 54755 b
(E) proceedings for the appointment of a
confidential intermediary under the Adoption Act.
(2) No fee other than the filing fee contained in the
applicable schedule in subsection (a) shall be charged to
any person in connection with an adoption proceeding.
(3) Upon good cause shown, the court may waive any
fees associated with a special needs adoption. The term
"special needs adoption" has the meaning provided by the
Illinois Department of Children and Family Services.
(aa) This Section is repealed on January 1, 2024.
(Source: P.A. 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
102-278, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff.
5-13-22.)