Bill Text: IL SB2982 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Criminal and Traffic Assessment Act. Creates the Criminal and Traffic Assessment Act Revisionary Task Force. Provides that the purpose of the Task Force is to conduct a thorough review of the implementation of Public Act 100-987, study the municipal administrative adjudication process, and make recommendations for revisions. Provides requirements for: appointment of members; compensation; administrative support; and reporting. Provides that the Act is repealed on January 1, 2023 (instead of January 1, 2021). Makes a corresponding change in the Clerks of Courts Act. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB2982 Detail]
Download: Illinois-2019-SB2982-Introduced.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Clerks of Courts Act is amended by changing | |||||||||||||||||||||||
5 | Section 27.1b as follows:
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6 | (705 ILCS 105/27.1b) | |||||||||||||||||||||||
7 | (Section scheduled to be repealed on January 1, 2021) | |||||||||||||||||||||||
8 | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any | |||||||||||||||||||||||
9 | other provision of law, all fees charged by the clerks of the | |||||||||||||||||||||||
10 | circuit court for the services described in this Section shall | |||||||||||||||||||||||
11 | be established, collected, and disbursed in accordance with | |||||||||||||||||||||||
12 | this Section. Except as otherwise specified in this Section, | |||||||||||||||||||||||
13 | all fees under this Section shall be paid in advance and | |||||||||||||||||||||||
14 | disbursed by each clerk on a monthly basis. In a county with a | |||||||||||||||||||||||
15 | population of over 3,000,000, units of local government and | |||||||||||||||||||||||
16 | school districts shall not be required to pay fees under this | |||||||||||||||||||||||
17 | Section in advance and the clerk shall instead send an itemized | |||||||||||||||||||||||
18 | bill to the unit of local government or school district, within | |||||||||||||||||||||||
19 | 30 days of the fee being incurred, and the unit of local | |||||||||||||||||||||||
20 | government or school district shall be allowed at least 30 days | |||||||||||||||||||||||
21 | from the date of the itemized bill to pay; these payments shall | |||||||||||||||||||||||
22 | be disbursed by each clerk on a monthly basis. Unless otherwise | |||||||||||||||||||||||
23 | specified in this Section, the amount of a fee shall be |
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1 | determined by ordinance or resolution of the county board and | ||||||
2 | remitted to the county treasurer to be used for purposes | ||||||
3 | related to the operation of the court system in the county. In | ||||||
4 | a county with population of over 3,000,000, any amount retained | ||||||
5 | by the clerk of the circuit court or remitted to the county | ||||||
6 | treasurer shall be subject to appropriation by the county | ||||||
7 | board. | ||||||
8 | (a) Civil cases. The fee for filing a complaint, petition, | ||||||
9 | or other pleading initiating a civil action shall be as set | ||||||
10 | forth in the applicable schedule under this subsection in | ||||||
11 | accordance with case categories established by the Supreme | ||||||
12 | Court in schedules. | ||||||
13 | (1) SCHEDULE 1: not to exceed a total of $366 in a | ||||||
14 | county with a population of 3,000,000 or more and not to | ||||||
15 | exceed $316 in any other county, except as applied to units | ||||||
16 | of local government and school districts in counties with | ||||||
17 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
18 | $190 through December 31, 2021 and $184 on and after | ||||||
19 | January 1, 2022. The fees collected under this schedule | ||||||
20 | shall be disbursed as follows: | ||||||
21 | (A) The clerk shall retain a sum, in an amount not | ||||||
22 | to exceed $55 in a county with a population of | ||||||
23 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
24 | any other county determined by the clerk with the | ||||||
25 | approval of the Supreme Court, to be used for court | ||||||
26 | automation, court document storage, and administrative |
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1 | purposes. | ||||||
2 | (B) The clerk shall remit up to $21 to the State | ||||||
3 | Treasurer. The State Treasurer shall deposit the | ||||||
4 | appropriate amounts, in accordance with the clerk's | ||||||
5 | instructions, as follows: | ||||||
6 | (i) up to $10, as specified by the Supreme | ||||||
7 | Court in accordance with Part 10A of Article II of | ||||||
8 | the Code of Civil Procedure, into the Mandatory | ||||||
9 | Arbitration Fund; | ||||||
10 | (ii) $2 into the Access to Justice Fund; and | ||||||
11 | (iii) $9 into the Supreme Court Special | ||||||
12 | Purposes Fund. | ||||||
13 | (C) The clerk shall remit a sum to the County | ||||||
14 | Treasurer, in an amount not to exceed $290 in a county | ||||||
15 | with a population of 3,000,000 or more and in an amount | ||||||
16 | not to exceed $250 in any other county, as specified by | ||||||
17 | ordinance or resolution passed by the county board, for | ||||||
18 | purposes related to the operation of the court system | ||||||
19 | in the county. | ||||||
20 | (2) SCHEDULE 2: not to exceed a total of $357 in a | ||||||
21 | county with a population of 3,000,000 or more and not to | ||||||
22 | exceed $266 in any other county, except as applied to units | ||||||
23 | of local government and school districts in counties with | ||||||
24 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
25 | $190 through December 31, 2021 and $184 on and after | ||||||
26 | January 1, 2022. The fees collected under this schedule |
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1 | shall be disbursed as follows: | ||||||
2 | (A) The clerk shall retain a sum, in an amount not | ||||||
3 | to exceed $55 in a county with a population of | ||||||
4 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
5 | any other county determined by the clerk with the | ||||||
6 | approval of the Supreme Court, to be used for court | ||||||
7 | automation, court document storage, and administrative | ||||||
8 | purposes. | ||||||
9 | (B) The clerk shall remit up to $21 to the State | ||||||
10 | Treasurer. The State Treasurer shall deposit the | ||||||
11 | appropriate amounts, in accordance with the clerk's | ||||||
12 | instructions, as follows: | ||||||
13 | (i) up to $10, as specified by the Supreme | ||||||
14 | Court in accordance with Part 10A of Article II of | ||||||
15 | the Code of Civil Procedure, into the Mandatory | ||||||
16 | Arbitration Fund; | ||||||
17 | (ii) $2 into the Access to Justice Fund: and | ||||||
18 | (iii) $9 into the Supreme Court Special | ||||||
19 | Purposes Fund. | ||||||
20 | (C) The clerk shall remit a sum to the County | ||||||
21 | Treasurer, in an amount not to exceed $281 in a county | ||||||
22 | with a population of 3,000,000 or more and in an amount | ||||||
23 | not to exceed $200 in any other county, as specified by | ||||||
24 | ordinance or resolution passed by the county board, for | ||||||
25 | purposes related to the operation of the court system | ||||||
26 | in the county. |
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1 | (3) SCHEDULE 3: not to exceed a total of $265 in a | ||||||
2 | county with a population of 3,000,000 or more and not to | ||||||
3 | exceed $89 in any other county, except as applied to units | ||||||
4 | of local government and school districts in counties with | ||||||
5 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
6 | $190 through December 31, 2021 and $184 on and after | ||||||
7 | January 1, 2022. The fees collected under this schedule | ||||||
8 | shall be disbursed as follows: | ||||||
9 | (A) The clerk shall retain a sum, in an amount not | ||||||
10 | to exceed $55 in a county with a population of | ||||||
11 | 3,000,000 or more and in an amount not to exceed $22 in | ||||||
12 | any other county determined by the clerk with the | ||||||
13 | approval of the Supreme Court, to be used for court | ||||||
14 | automation, court document storage, and administrative | ||||||
15 | purposes. | ||||||
16 | (B) The clerk shall remit $11 to the State | ||||||
17 | Treasurer. The State Treasurer shall deposit the | ||||||
18 | appropriate amounts in accordance with the clerk's | ||||||
19 | instructions, as follows: | ||||||
20 | (i) $2 into the Access to Justice Fund; and | ||||||
21 | (ii) $9 into the Supreme Court Special | ||||||
22 | Purposes Fund. | ||||||
23 | (C) The clerk shall remit a sum to the County | ||||||
24 | Treasurer, in an amount not to exceed $199 in a county | ||||||
25 | with a population of 3,000,000 or more and in an amount | ||||||
26 | not to exceed $56 in any other county, as specified by |
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1 | ordinance or resolution passed by the county board, for | ||||||
2 | purposes related to the operation of the court system | ||||||
3 | in the county. | ||||||
4 | (4) SCHEDULE 4: $0. | ||||||
5 | (b) Appearance. The fee for filing an appearance in a civil | ||||||
6 | action, including a cannabis civil law action under the | ||||||
7 | Cannabis Control Act, shall be as set forth in the applicable | ||||||
8 | schedule under this subsection in accordance with case | ||||||
9 | categories established by the Supreme Court in schedules. | ||||||
10 | (1) SCHEDULE 1: not to exceed a total of $230 in a | ||||||
11 | county with a population of 3,000,000 or more and not to | ||||||
12 | exceed $191 in any other county, except as applied to units | ||||||
13 | of local government and school districts in counties with | ||||||
14 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
15 | $75. The fees collected under this schedule shall be | ||||||
16 | disbursed as follows: | ||||||
17 | (A) The clerk shall retain a sum, in an amount not | ||||||
18 | to exceed $50 in a county with a population of | ||||||
19 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
20 | any other county determined by the clerk with the | ||||||
21 | approval of the Supreme Court, to be used for court | ||||||
22 | automation, court document storage, and administrative | ||||||
23 | purposes. | ||||||
24 | (B) The clerk shall remit up to $21 to the State | ||||||
25 | Treasurer. The State Treasurer shall deposit the | ||||||
26 | appropriate amounts, in accordance with the clerk's |
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1 | instructions, as follows: | ||||||
2 | (i) up to $10, as specified by the Supreme | ||||||
3 | Court in accordance with Part 10A of Article II of | ||||||
4 | the Code of Civil Procedure, into the Mandatory | ||||||
5 | Arbitration Fund; | ||||||
6 | (ii) $2 into the Access to Justice Fund; and | ||||||
7 | (iii) $9 into the Supreme Court Special | ||||||
8 | Purposes Fund. | ||||||
9 | (C) The clerk shall remit a sum to the County | ||||||
10 | Treasurer, in an amount not to exceed $159 in a county | ||||||
11 | with a population of 3,000,000 or more and in an amount | ||||||
12 | not to exceed $125 in any other county, as specified by | ||||||
13 | ordinance or resolution passed by the county board, for | ||||||
14 | purposes related to the operation of the court system | ||||||
15 | in the county. | ||||||
16 | (2) SCHEDULE 2: not to exceed a total of $130 in a | ||||||
17 | county with a population of 3,000,000 or more and not to | ||||||
18 | exceed $109 in any other county, except as applied to units | ||||||
19 | of local government and school districts in counties with | ||||||
20 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
21 | $75. The fees collected under this schedule shall be | ||||||
22 | disbursed as follows: | ||||||
23 | (A) The clerk shall retain a sum, in an amount not | ||||||
24 | to exceed $50 in a county with a population of | ||||||
25 | 3,000,000 or more and in an amount not to exceed $10 in | ||||||
26 | any other county determined by the clerk with the |
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1 | approval of the Supreme Court, to be used for court | ||||||
2 | automation, court document storage, and administrative | ||||||
3 | purposes. | ||||||
4 | (B) The clerk shall remit $9 to the State | ||||||
5 | Treasurer, which the State Treasurer shall deposit | ||||||
6 | into the Supreme Court Special Purpose Fund. | ||||||
7 | (C) The clerk shall remit a sum to the County | ||||||
8 | Treasurer, in an amount not to exceed $71 in a county | ||||||
9 | with a population of 3,000,000 or more and in an amount | ||||||
10 | not to exceed $90 in any other county, as specified by | ||||||
11 | ordinance or resolution passed by the county board, for | ||||||
12 | purposes related to the operation of the court system | ||||||
13 | in the county. | ||||||
14 | (3) SCHEDULE 3: $0. | ||||||
15 | (b-5) Kane County and Will County. In Kane County and Will | ||||||
16 | County civil cases, there is an additional fee of up to $30 as | ||||||
17 | set by the county board under Section 5-1101.3 of the Counties | ||||||
18 | Code to be paid by each party at the time of filing the first | ||||||
19 | pleading, paper, or other appearance; provided that no | ||||||
20 | additional fee shall be required if more than one party is | ||||||
21 | represented in a single pleading, paper, or other appearance. | ||||||
22 | Distribution of fees collected under this subsection (b-5) | ||||||
23 | shall be as provided in Section 5-1101.3 of the Counties Code. | ||||||
24 | (c) Counterclaim or third party complaint. When any | ||||||
25 | defendant files a counterclaim or third party complaint, as | ||||||
26 | part of the defendant's answer or otherwise, the defendant |
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1 | shall pay a filing fee for each counterclaim or third party | ||||||
2 | complaint in an amount equal to the filing fee the defendant | ||||||
3 | would have had to pay had the defendant brought a separate | ||||||
4 | action for the relief sought in the counterclaim or third party | ||||||
5 | complaint, less the amount of the appearance fee, if any, that | ||||||
6 | the defendant has already paid in the action in which the | ||||||
7 | counterclaim or third party complaint is filed. | ||||||
8 | (d) Alias summons. The clerk shall collect a fee not to | ||||||
9 | exceed $6 in a county with a population of 3,000,000 or more | ||||||
10 | and not to exceed $5 in any other county for each alias summons | ||||||
11 | or citation issued by the clerk, except as applied to units of | ||||||
12 | local government and school districts in counties with more | ||||||
13 | than 3,000,000 inhabitants an amount not to exceed $5 for each | ||||||
14 | alias summons or citation issued by the clerk. | ||||||
15 | (e) Jury services. The clerk shall collect, in addition to | ||||||
16 | other fees allowed by law, a sum not to exceed $212.50, as a | ||||||
17 | fee for the services of a jury in every civil action not | ||||||
18 | quasi-criminal in its nature and not a proceeding for the | ||||||
19 | exercise of the right of eminent domain and in every other | ||||||
20 | action wherein the right of trial by jury is or may be given by | ||||||
21 | law. The jury fee shall be paid by the party demanding a jury | ||||||
22 | at the time of filing the jury demand. If the fee is not paid by | ||||||
23 | either party, no jury shall be called in the action or | ||||||
24 | proceeding, and the action or proceeding shall be tried by the | ||||||
25 | court without a jury. | ||||||
26 | (f) Change of venue. In connection with a change of venue: |
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1 | (1) The clerk of the jurisdiction from which the case | ||||||
2 | is transferred may charge a fee, not to exceed $40, for the | ||||||
3 | preparation and certification of the record; and | ||||||
4 | (2) The clerk of the jurisdiction to which the case is | ||||||
5 | transferred may charge the same filing fee as if it were | ||||||
6 | the commencement of a new suit. | ||||||
7 | (g) Petition to vacate or modify. | ||||||
8 | (1) In a proceeding involving a petition to vacate or | ||||||
9 | modify any final judgment or order filed within 30 days | ||||||
10 | after the judgment or order was entered, except for an | ||||||
11 | eviction case, small claims case, petition to reopen an | ||||||
12 | estate, petition to modify, terminate, or enforce a | ||||||
13 | judgment or order for child or spousal support, or petition | ||||||
14 | to modify, suspend, or terminate an order for withholding, | ||||||
15 | the fee shall not exceed $60 in a county with a population | ||||||
16 | of 3,000,000 or more and shall not exceed $50 in any other | ||||||
17 | county, except as applied to units of local government and | ||||||
18 | school districts in counties with more than 3,000,000 | ||||||
19 | inhabitants an amount not to exceed $50. | ||||||
20 | (2) In a proceeding involving a petition to vacate or | ||||||
21 | modify any final judgment or order filed more than 30 days | ||||||
22 | after the judgment or order was entered, except for a | ||||||
23 | petition to modify, terminate, or enforce a judgment or | ||||||
24 | order for child or spousal support, or petition to modify, | ||||||
25 | suspend, or terminate an order for withholding, the fee | ||||||
26 | shall not exceed $75. |
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1 | (3) In a proceeding involving a motion to vacate or | ||||||
2 | amend a final order, motion to vacate an ex parte judgment, | ||||||
3 | judgment of forfeiture, or "failure to appear" or "failure | ||||||
4 | to comply" notices sent to the Secretary of State, the fee | ||||||
5 | shall equal $40. | ||||||
6 | (h) Appeals preparation. The fee for preparation of a | ||||||
7 | record on appeal shall be based on the number of pages, as | ||||||
8 | follows: | ||||||
9 | (1) if the record contains no more than 100 pages, the | ||||||
10 | fee shall not exceed $70 in a county with a population of | ||||||
11 | 3,000,000 or more and shall not exceed $50 in any other | ||||||
12 | county; | ||||||
13 | (2) if the record contains between 100 and 200 pages, | ||||||
14 | the fee shall not exceed $100; and | ||||||
15 | (3) if the record contains 200 or more pages, the clerk | ||||||
16 | may collect an additional fee not to exceed 25 cents per | ||||||
17 | page. | ||||||
18 | (i) Remands. In any cases remanded to the circuit court | ||||||
19 | from the Supreme Court or the appellate court for a new trial, | ||||||
20 | the clerk shall reinstate the case with either its original | ||||||
21 | number or a new number. The clerk shall not charge any new or | ||||||
22 | additional fee for the reinstatement. Upon reinstatement, the | ||||||
23 | clerk shall advise the parties of the reinstatement. Parties | ||||||
24 | shall have the same right to a jury trial on remand and | ||||||
25 | reinstatement that they had before the appeal, and no | ||||||
26 | additional or new fee or charge shall be made for a jury trial |
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1 | after remand. | ||||||
2 | (j) Garnishment, wage deduction, and citation. In | ||||||
3 | garnishment affidavit, wage deduction affidavit, and citation | ||||||
4 | petition proceedings: | ||||||
5 | (1) if the amount in controversy in the proceeding is | ||||||
6 | not more than $1,000, the fee may not exceed $35 in a | ||||||
7 | county with a population of 3,000,000 or more and may not | ||||||
8 | exceed $15 in any other county, except as applied to units | ||||||
9 | of local government and school districts in counties with | ||||||
10 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
11 | $15; | ||||||
12 | (2) if the amount in controversy in the proceeding is | ||||||
13 | greater than $1,000 and not more than $5,000, the fee may | ||||||
14 | not exceed $45 in a county with a population of 3,000,000 | ||||||
15 | or more and may not exceed $30 in any other county, except | ||||||
16 | as applied to units of local government and school | ||||||
17 | districts in counties with more than 3,000,000 inhabitants | ||||||
18 | an amount not to exceed $30; and | ||||||
19 | (3) if the amount in controversy in the proceeding is | ||||||
20 | greater than $5,000, the fee may not exceed $65 in a county | ||||||
21 | with a population of 3,000,000 or more and may not exceed | ||||||
22 | $50 in any other county, except as applied to units of | ||||||
23 | local government and school districts in counties with more | ||||||
24 | than 3,000,000 inhabitants an amount not to exceed $50. | ||||||
25 | (j-5) Debt collection. In any proceeding to collect a debt | ||||||
26 | subject to the exception in item (ii) of subparagraph (A-5) of |
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1 | paragraph (1) of subsection (z) of this Section, the circuit | ||||||
2 | court shall order and the clerk shall collect from each | ||||||
3 | judgment debtor a fee of: | ||||||
4 | (1) $35 if the amount in controversy in the proceeding | ||||||
5 | is not more than $1,000; | ||||||
6 | (2) $45 if the amount in controversy in the proceeding | ||||||
7 | is greater than $1,000 and not more than $5,000; and | ||||||
8 | (3) $65 if the amount in controversy in the proceeding | ||||||
9 | is greater than $5,000. | ||||||
10 | (k) Collections. | ||||||
11 | (1) For all collections made of others, except the | ||||||
12 | State and county and except in maintenance or child support | ||||||
13 | cases, the clerk may collect a fee of up to 2.5% of the | ||||||
14 | amount collected and turned over. | ||||||
15 | (2) In child support and maintenance cases, the clerk | ||||||
16 | may collect an annual fee of up to $36 from the person | ||||||
17 | making payment for maintaining child support records and | ||||||
18 | the processing of support orders to the State of Illinois | ||||||
19 | KIDS system and the recording of payments issued by the | ||||||
20 | State Disbursement Unit for the official record of the | ||||||
21 | Court. This fee is in addition to and separate from amounts | ||||||
22 | ordered to be paid as maintenance or child support and | ||||||
23 | shall be deposited into a Separate Maintenance and Child | ||||||
24 | Support Collection Fund, of which the clerk shall be the | ||||||
25 | custodian, ex officio, to be used by the clerk to maintain | ||||||
26 | child support orders and record all payments issued by the |
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1 | State Disbursement Unit for the official record of the | ||||||
2 | Court. The clerk may recover from the person making the | ||||||
3 | maintenance or child support payment any additional cost | ||||||
4 | incurred in the collection of this annual fee. | ||||||
5 | (3) The clerk may collect a fee of $5 for | ||||||
6 | certifications made to the Secretary of State as provided | ||||||
7 | in Section 7-703 of the Illinois Vehicle Code, and this fee | ||||||
8 | shall be deposited into the Separate Maintenance and Child | ||||||
9 | Support Collection Fund. | ||||||
10 | (4) In proceedings
to foreclose the lien of delinquent | ||||||
11 | real estate taxes, State's Attorneys
shall receive a fee of | ||||||
12 | 10%
of the total amount realized from the sale of real | ||||||
13 | estate sold in the
proceedings. The clerk shall collect the | ||||||
14 | fee from the total amount realized from
the sale of the | ||||||
15 | real estate sold in the proceedings and remit to the County | ||||||
16 | Treasurer to be credited to the earnings of the Office of | ||||||
17 | the State's Attorney. | ||||||
18 | (l) Mailing. The fee for the clerk mailing documents shall | ||||||
19 | not exceed $10 plus the cost of postage. | ||||||
20 | (m) Certified copies. The fee for each certified copy of a | ||||||
21 | judgment, after the first copy, shall not exceed $10. | ||||||
22 | (n) Certification, authentication, and reproduction. | ||||||
23 | (1) The fee for each certification or authentication | ||||||
24 | for taking the acknowledgment of a deed or other instrument | ||||||
25 | in writing with the seal of office shall not exceed $6. | ||||||
26 | (2) The fee for reproduction of any document contained |
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1 | in the clerk's files shall not exceed: | ||||||
2 | (A) $2 for the first page; | ||||||
3 | (B) 50 cents per page for the next 19 pages; and | ||||||
4 | (C) 25 cents per page for all additional pages. | ||||||
5 | (o) Record search. For each record search, within a | ||||||
6 | division or municipal district, the clerk may collect a search | ||||||
7 | fee not to exceed $6 for each year searched. | ||||||
8 | (p) Hard copy. For each page of hard copy print output, | ||||||
9 | when case records are maintained on an automated medium, the | ||||||
10 | clerk may collect a fee not to exceed $10 in a county with a | ||||||
11 | population of 3,000,000 or more and not to exceed $6 in any | ||||||
12 | other county, except as applied to units of local government | ||||||
13 | and school districts in counties with more than 3,000,000 | ||||||
14 | inhabitants an amount not to exceed $6. | ||||||
15 | (q) Index inquiry and other records. No fee shall be | ||||||
16 | charged for a single plaintiff and defendant index inquiry or | ||||||
17 | single case record inquiry when this request is made in person | ||||||
18 | and the records are maintained in a current automated medium, | ||||||
19 | and when no hard copy print output is requested. The fees to be | ||||||
20 | charged for management records, multiple case records, and | ||||||
21 | multiple journal records may be specified by the Chief Judge | ||||||
22 | pursuant to the guidelines for access and dissemination of | ||||||
23 | information approved by the Supreme Court. | ||||||
24 | (r) Performing a marriage. There shall be a $10 fee for | ||||||
25 | performing a marriage in court. | ||||||
26 | (s) Voluntary assignment. For filing each deed of voluntary |
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1 | assignment, the clerk shall collect a fee not to exceed $20. | ||||||
2 | For recording a deed of voluntary assignment, the clerk shall | ||||||
3 | collect a fee not to exceed 50 cents for each 100 words. | ||||||
4 | Exceptions filed to claims presented to an assignee of a debtor | ||||||
5 | who has made a voluntary assignment for the benefit of | ||||||
6 | creditors shall be considered and treated, for the purpose of | ||||||
7 | taxing costs therein, as actions in which the party or parties | ||||||
8 | filing the exceptions shall be considered as party or parties | ||||||
9 | plaintiff, and the claimant or claimants as party or parties | ||||||
10 | defendant, and those parties respectively shall pay to the | ||||||
11 | clerk the same fees as provided by this Section to be paid in | ||||||
12 | other actions. | ||||||
13 | (t) Expungement petition. The clerk may collect a fee not | ||||||
14 | to exceed $60 for each expungement petition filed and an | ||||||
15 | additional fee not to exceed $4 for each certified copy of an | ||||||
16 | order to expunge arrest records. | ||||||
17 | (u) Transcripts of judgment. For the filing of a transcript | ||||||
18 | of judgment, the clerk may collect the same fee as if it were | ||||||
19 | the commencement of a new suit. | ||||||
20 | (v) Probate filings. | ||||||
21 | (1) For each account (other than one final account) | ||||||
22 | filed in the estate of a decedent, or ward, the fee shall | ||||||
23 | not exceed $25. | ||||||
24 | (2) For filing a claim in an estate when the amount | ||||||
25 | claimed is greater than $150 and not more than $500, the | ||||||
26 | fee shall not exceed $40 in a county with a population of |
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1 | 3,000,000 or more and shall not exceed $25 in any other | ||||||
2 | county; when the amount claimed is greater than $500 and | ||||||
3 | not more than $10,000, the fee shall not exceed $55 in a | ||||||
4 | county with a population of 3,000,000 or more and shall not | ||||||
5 | exceed $40 in any other county; and when the amount claimed | ||||||
6 | is more than $10,000, the fee shall not exceed $75 in a | ||||||
7 | county with a population of 3,000,000 or more and shall not | ||||||
8 | exceed $60 in any other county; except the court in | ||||||
9 | allowing a claim may add to the amount allowed the filing | ||||||
10 | fee paid by the claimant. | ||||||
11 | (3) For filing in an estate a claim, petition, or | ||||||
12 | supplemental proceeding based upon an action seeking | ||||||
13 | equitable relief including the construction or contest of a | ||||||
14 | will, enforcement of a contract to make a will, and | ||||||
15 | proceedings involving testamentary trusts or the | ||||||
16 | appointment of testamentary trustees, the fee shall not | ||||||
17 | exceed $60. | ||||||
18 | (4) There shall be no fee for filing in an estate: (i) | ||||||
19 | the appearance of any person for the purpose of consent; or | ||||||
20 | (ii) the appearance of an executor, administrator, | ||||||
21 | administrator to collect, guardian, guardian ad litem, or | ||||||
22 | special administrator. | ||||||
23 | (5) For each jury demand, the fee shall not exceed | ||||||
24 | $137.50. | ||||||
25 | (6) For each certified copy of letters of office, of | ||||||
26 | court order, or other certification, the fee shall not |
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1 | exceed
$2 per page. | ||||||
2 | (7) For each exemplification, the fee shall not exceed | ||||||
3 | $2, plus the fee for certification. | ||||||
4 | (8) The executor, administrator, guardian, petitioner, | ||||||
5 | or other interested person or his or her attorney shall pay | ||||||
6 | the cost of publication by the clerk directly to the | ||||||
7 | newspaper. | ||||||
8 | (9) The person on whose behalf a charge is incurred for | ||||||
9 | witness, court reporter, appraiser, or other miscellaneous | ||||||
10 | fees shall pay the same directly to the person entitled | ||||||
11 | thereto. | ||||||
12 | (10) The executor, administrator, guardian, | ||||||
13 | petitioner, or other interested person or his or her | ||||||
14 | attorney shall pay to the clerk all postage charges | ||||||
15 | incurred by the clerk in mailing petitions, orders, | ||||||
16 | notices, or other documents pursuant to the provisions of | ||||||
17 | the Probate Act of 1975. | ||||||
18 | (w) Corrections of numbers. For correction of the case | ||||||
19 | number, case title, or attorney computer identification | ||||||
20 | number, if required by rule of court, on any document filed in | ||||||
21 | the clerk's office, to be charged against the party that filed | ||||||
22 | the document, the fee shall not exceed $25. | ||||||
23 | (x) Miscellaneous. | ||||||
24 | (1) Interest earned on any fees collected by the clerk | ||||||
25 | shall be turned over to the county general fund as an | ||||||
26 | earning of the office. |
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1 | (2) For any check, draft, or other bank instrument | ||||||
2 | returned to the clerk for non-sufficient funds, account | ||||||
3 | closed, or payment stopped, the clerk shall collect a fee | ||||||
4 | of $25. | ||||||
5 | (y) Other fees. Any fees not covered in this Section shall | ||||||
6 | be set by rule or administrative order of the circuit court | ||||||
7 | with the approval of the Administrative Office of the Illinois | ||||||
8 | Courts. The clerk of the circuit court may provide services in | ||||||
9 | connection with the operation of the clerk's office, other than | ||||||
10 | those services mentioned in this Section, as may be requested | ||||||
11 | by the public and agreed to by the clerk and approved by the | ||||||
12 | Chief Judge. Any charges for additional services shall be as | ||||||
13 | agreed to between the clerk and the party making the request | ||||||
14 | and approved by the Chief Judge. Nothing in this subsection | ||||||
15 | shall be construed to require any clerk to provide any service | ||||||
16 | not otherwise required by law. | ||||||
17 | (y-5) Unpaid fees. Unless a court ordered payment schedule | ||||||
18 | is implemented or the fee
requirements of this Section are | ||||||
19 | waived under a court order, the clerk of
the circuit court may | ||||||
20 | add to any unpaid fees and costs under this Section a | ||||||
21 | delinquency
amount equal to 5% of the unpaid fees that remain | ||||||
22 | unpaid after 30 days, 10% of
the unpaid fees that remain unpaid | ||||||
23 | after 60 days, and 15% of the unpaid fees
that remain unpaid | ||||||
24 | after 90 days. Notice to those parties may be made by
signage | ||||||
25 | posting or publication. The additional delinquency amounts | ||||||
26 | collected under this Section shall
be deposited into the |
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1 | Circuit Court Clerk Operations and Administration Fund and used | ||||||
2 | to defray additional administrative costs incurred by the clerk | ||||||
3 | of the
circuit court in collecting unpaid fees and costs. | ||||||
4 | (z) Exceptions. | ||||||
5 | (1) No fee authorized by this Section shall apply to: | ||||||
6 | (A) police departments or other law enforcement | ||||||
7 | agencies. In this Section, "law enforcement agency" | ||||||
8 | means: an agency of the State or agency of a unit of | ||||||
9 | local government which is vested by law or ordinance | ||||||
10 | with the duty to maintain public order and to enforce | ||||||
11 | criminal laws or ordinances; the Attorney General; or | ||||||
12 | any State's Attorney; | ||||||
13 | (A-5) any unit of local government or school | ||||||
14 | district, except in counties having a population of | ||||||
15 | 500,000 or more the county board may by resolution set | ||||||
16 | fees for units of local government or school districts | ||||||
17 | no greater than the minimum fees applicable in counties | ||||||
18 | with a population less than 3,000,000; provided | ||||||
19 | however, no fee may be charged to any unit of local | ||||||
20 | government or school district in connection with any | ||||||
21 | action which, in whole or in part, is: (i) to enforce | ||||||
22 | an ordinance; (ii) to collect a debt; or (iii) under | ||||||
23 | the Administrative Review Law; | ||||||
24 | (B) any action instituted by the corporate | ||||||
25 | authority of a municipality with more than 1,000,000 | ||||||
26 | inhabitants under Section 11-31-1 of the Illinois |
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| |||||||
1 | Municipal Code and any action instituted under | ||||||
2 | subsection (b) of Section 11-31-1 of the Illinois | ||||||
3 | Municipal Code by a private owner or tenant of real | ||||||
4 | property within 1,200 feet of a dangerous or unsafe | ||||||
5 | building seeking an order compelling the owner or | ||||||
6 | owners of the building to take any of the actions | ||||||
7 | authorized under that subsection; | ||||||
8 | (C) any commitment petition or petition for an | ||||||
9 | order authorizing the administration of psychotropic | ||||||
10 | medication or electroconvulsive therapy under the | ||||||
11 | Mental Health and Developmental Disabilities Code; | ||||||
12 | (D) a petitioner in any order of protection | ||||||
13 | proceeding, including, but not limited to, fees for | ||||||
14 | filing, modifying, withdrawing, certifying, or | ||||||
15 | photocopying petitions for orders of protection, | ||||||
16 | issuing alias summons, any related filing service, or | ||||||
17 | certifying, modifying, vacating, or photocopying any | ||||||
18 | orders of protection; or | ||||||
19 | (E) proceedings for the appointment of a | ||||||
20 | confidential intermediary under the Adoption Act. | ||||||
21 | (2) No fee other than the filing fee contained in the | ||||||
22 | applicable schedule in subsection (a) shall be charged to | ||||||
23 | any person in connection with an adoption proceeding. | ||||||
24 | (3) Upon good cause shown, the court may waive any fees | ||||||
25 | associated with a special needs adoption. The term "special | ||||||
26 | needs adoption" has the meaning provided by the Illinois |
| |||||||
| |||||||
1 | Department of Children and Family Services. | ||||||
2 | (aa) This Section is repealed on January 1, 2023 2021 .
| ||||||
3 | (Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19; | ||||||
4 | 100-1161, eff. 7-1-19 .)
| ||||||
5 | Section 10. The Criminal and Traffic Assessment Act is | ||||||
6 | amended by changing Section 20-5 and by adding Section 1-15 as | ||||||
7 | follows:
| ||||||
8 | (705 ILCS 135/1-15 new) | ||||||
9 | Sec. 1-15. Criminal and Traffic Assessment Act Revisionary | ||||||
10 | Task Force. | ||||||
11 | (a) The Criminal and Traffic Assessment Act Revisionary | ||||||
12 | Task Force is created. | ||||||
13 | (b) The purpose of the Task Force is to conduct a thorough | ||||||
14 | review of the implementation of Public Act 100-987, study the | ||||||
15 | municipal administrative adjudication process, and make | ||||||
16 | recommendations for revisions. | ||||||
17 | (c) The Task Force shall consist of the following members: | ||||||
18 | (1) one member appointed by the Speaker of the House of | ||||||
19 | Representatives; | ||||||
20 | (2) one member appointed by the Minority Leader of the | ||||||
21 | House of Representatives; | ||||||
22 | (3) one member appointed by the President of the | ||||||
23 | Senate; | ||||||
24 | (4) one member appointed by the Minority Leader of the |
| |||||||
| |||||||
1 | Senate; | ||||||
2 | (5) the Director of State Police, or his or her | ||||||
3 | designee; | ||||||
4 | (6) the Executive Director of the Illinois Law | ||||||
5 | Enforcement Training Standards Board, or his or her | ||||||
6 | designee; | ||||||
7 | (7) the Chairman of the Illinois Criminal Justice | ||||||
8 | Information Authority, or his or her designee; | ||||||
9 | (8) the Attorney General, or his or her designee; | ||||||
10 | (9) 7 members from the Supreme Court; | ||||||
11 | (10) one member from an association representing court | ||||||
12 | clerks; | ||||||
13 | (11) one member from an association representing | ||||||
14 | municipalities; | ||||||
15 | (12) one member from an association representing | ||||||
16 | counties; and | ||||||
17 | (13) one member from an association representing | ||||||
18 | sheriffs. | ||||||
19 | (d) At the direction of the Supreme Court, the | ||||||
20 | Administrative Office of the Illinois Courts shall provide | ||||||
21 | administrative support to the Task Force. | ||||||
22 | (e) Task Force members shall serve without compensation but | ||||||
23 | may be reimbursed for their expenses incurred in performing | ||||||
24 | their duties. | ||||||
25 | (f) The Task Force shall submit a report containing its | ||||||
26 | findings and any recommendations to the Supreme Court and the |
| |||||||
| |||||||
1 | General Assembly by June 1, 2021. The Task Force is dissolved, | ||||||
2 | and this Section is repealed, on June 1, 2022.
| ||||||
3 | (705 ILCS 135/20-5)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2021) | ||||||
5 | Sec. 20-5. Repeal. This Act is repealed on January 1, 2023 | ||||||
6 | 2021 .
| ||||||
7 | (Source: P.A. 100-987, eff. 7-1-19 .)
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
|