101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1960

 

Introduced 2/15/2019, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 105/27.1b
705 ILCS 135/1-5

    Amends the Clerks of Courts Act. Deletes language allowing exceptions to the provision that all fees shall be paid in advance and disbursed by each clerk on a monthly basis. Provides that units of local government and school districts in counties with more than 3,000,000 inhabitants shall: have a filing fee for a complaint, petition, or other pleading initiating a civil action in an amount not to exceed $202 (rather than not to exceed $190 through December 31, 2021 and $184 on and after January 1, 2022); and have a filing fee for an appearance in a civil action in an amount not to exceed $177 (rather than $75). Provides that if a record contains 200 or more pages, the clerk may collect an additional fee not to exceed 35 cents (rather than 25 cents) per page. Removes filing fee provisions for cases involving debt collection. Amends the Criminal and Traffic Assessment Act. Deletes the definition of "offense". Effective July 1, 2019.


LRB101 10641 LNS 55747 b

 

 

A BILL FOR

 

SB1960LRB101 10641 LNS 55747 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Clerks of Courts Act is amended by changing
5Section 27.1b as follows:
 
6    (705 ILCS 105/27.1b)
7    (This Section may contain text from a Public Act with a
8delayed effective date)
9    (Section scheduled to be repealed on January 1, 2021)
10    Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
11other provision of law, all fees charged by the clerks of the
12circuit court for the services described in this Section shall
13be established, collected, and disbursed in accordance with
14this Section. All Except as otherwise specified in this
15Section, all fees under this Section shall be paid in advance
16and disbursed by each clerk on a monthly basis. In a county
17with a population of over 3,000,000, units of local government
18and school districts shall not be required to pay fees under
19this Section in advance and the clerk shall instead send an
20itemized bill to the unit of local government or school
21district, within 30 days of the fee being incurred, and the
22unit of local government or school district shall be allowed at
23least 30 days from the date of the itemized bill to pay; these

 

 

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1payments shall be disbursed by each clerk on a monthly basis.
2Unless otherwise specified in this Section, the amount of a fee
3shall be determined by ordinance or resolution of the county
4board and remitted to the county treasurer to be used for
5purposes related to the operation of the court system in the
6county. In a county with population of over 3,000,000, any
7amount retained by the clerk of the circuit court or remitted
8to the county treasurer shall be subject to appropriation by
9the county board.
10    (a) Civil cases. The fee for filing a complaint, petition,
11or other pleading initiating a civil action shall be as set
12forth in the applicable schedule under this subsection in
13accordance with case categories established by the Supreme
14Court in schedules.
15        (1) SCHEDULE 1: not to exceed a total of $366 in a
16    county with a population of 3,000,000 or more and not to
17    exceed $316 in any other county, except as applied to units
18    of local government and school districts in counties with
19    more than 3,000,000 inhabitants an amount not to exceed
20    $202 $190 through December 31, 2021 and $184 on and after
21    January 1, 2022. The fees collected under this schedule
22    shall be disbursed as follows:
23            (A) The clerk shall retain a sum, in an amount not
24        to exceed $55 in a county with a population of
25        3,000,000 or more and in an amount not to exceed $45 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 up to $21 to the State
5        Treasurer. The State Treasurer shall deposit the
6        appropriate amounts, in accordance with the clerk's
7        instructions, as follows:
8                (i) up to $10, as specified by the Supreme
9            Court in accordance with Part 10A of Article II of
10            the Code of Civil Procedure, into the Mandatory
11            Arbitration Fund;
12                (ii) $2 into the Access to Justice Fund; and
13                (iii) $9 into the Supreme Court Special
14            Purposes Fund.
15            (C) The clerk shall remit a sum to the County
16        Treasurer, in an amount not to exceed $290 in a county
17        with a population of 3,000,000 or more and in an amount
18        not to exceed $250 in any other county, as specified by
19        ordinance or resolution passed by the county board, for
20        purposes related to the operation of the court system
21        in the county.
22        (2) SCHEDULE 2: not to exceed a total of $357 in a
23    county with a population of 3,000,000 or more and not to
24    exceed $266 in any other county, except as applied to units
25    of local government and school districts in counties with
26    more than 3,000,000 inhabitants an amount not to exceed

 

 

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1    $202 $190 through December 31, 2021 and $184 on and after
2    January 1, 2022. The fees collected under this schedule
3    shall be disbursed as follows:
4            (A) The clerk shall retain a sum, in an amount not
5        to exceed $55 in a county with a population of
6        3,000,000 or more and in an amount not to exceed $45 in
7        any other county determined by the clerk with the
8        approval of the Supreme Court, to be used for court
9        automation, court document storage, and administrative
10        purposes.
11            (B) The clerk shall remit up to $21 to the State
12        Treasurer. The State Treasurer shall deposit the
13        appropriate amounts, in accordance with the clerk's
14        instructions, as follows:
15                (i) up to $10, as specified by the Supreme
16            Court in accordance with Part 10A of Article II of
17            the Code of Civil Procedure, into the Mandatory
18            Arbitration Fund;
19                (ii) $2 into the Access to Justice Fund: and
20                (iii) $9 into the Supreme Court Special
21            Purposes Fund.
22            (C) The clerk shall remit a sum to the County
23        Treasurer, in an amount not to exceed $281 in a county
24        with a population of 3,000,000 or more and in an amount
25        not to exceed $200 in any other county, as specified by
26        ordinance or resolution passed by the county board, for

 

 

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1        purposes related to the operation of the court system
2        in the county.
3        (3) SCHEDULE 3: not to exceed a total of $265 in a
4    county with a population of 3,000,000 or more and not to
5    exceed $89 in any other county, except as applied to units
6    of local government and school districts in counties with
7    more than 3,000,000 inhabitants an amount not to exceed
8    $202 $190 through December 31, 2021 and $184 on and after
9    January 1, 2022. The fees collected under this schedule
10    shall be disbursed as follows:
11            (A) The clerk shall retain a sum, in an amount not
12        to exceed $55 in a county with a population of
13        3,000,000 or more and in an amount not to exceed $22 in
14        any other county determined by the clerk with the
15        approval of the Supreme Court, to be used for court
16        automation, court document storage, and administrative
17        purposes.
18            (B) The clerk shall remit $11 to the State
19        Treasurer. The State Treasurer shall deposit the
20        appropriate amounts in accordance with the clerk's
21        instructions, as follows:
22                (i) $2 into the Access to Justice Fund; and
23                (ii) $9 into the Supreme Court Special
24            Purposes Fund.
25            (C) The clerk shall remit a sum to the County
26        Treasurer, in an amount not to exceed $199 in a county

 

 

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1        with a population of 3,000,000 or more and in an amount
2        not to exceed $56 in any other county, as specified by
3        ordinance or resolution passed by the county board, for
4        purposes related to the operation of the court system
5        in the county.
6        (4) SCHEDULE 4: $0.
7    (b) Appearance. The fee for filing an appearance in a civil
8action, including a cannabis civil law action under the
9Cannabis Control Act, shall be as set forth in the applicable
10schedule under this subsection in accordance with case
11categories established by the Supreme Court in schedules.
12        (1) SCHEDULE 1: not to exceed a total of $230 in a
13    county with a population of 3,000,000 or more and not to
14    exceed $191 in any other county, except as applied to units
15    of local government and school districts in counties with
16    more than 3,000,000 inhabitants an amount not to exceed
17    $177 $75. The fees collected under this schedule shall be
18    disbursed as follows:
19            (A) The clerk shall retain a sum, in an amount not
20        to exceed $50 in a county with a population of
21        3,000,000 or more and in an amount not to exceed $45 in
22        any other county determined by the clerk with the
23        approval of the Supreme Court, to be used for court
24        automation, court document storage, and administrative
25        purposes.
26            (B) The clerk shall remit up to $21 to the State

 

 

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1        Treasurer. The State Treasurer shall deposit the
2        appropriate amounts, in accordance with the clerk's
3        instructions, as follows:
4                (i) up to $10, as specified by the Supreme
5            Court in accordance with Part 10A of Article II of
6            the Code of Civil Procedure, into the Mandatory
7            Arbitration Fund;
8                (ii) $2 into the Access to Justice Fund; and
9                (iii) $9 into the Supreme Court Special
10            Purposes Fund.
11            (C) The clerk shall remit a sum to the County
12        Treasurer, in an amount not to exceed $159 in a county
13        with a population of 3,000,000 or more and in an amount
14        not to exceed $125 in any other county, as specified by
15        ordinance or resolution passed by the county board, for
16        purposes related to the operation of the court system
17        in the county.
18        (2) SCHEDULE 2: not to exceed a total of $130 in a
19    county with a population of 3,000,000 or more and not to
20    exceed $109 in any other county, except as applied to units
21    of local government and school districts in counties with
22    more than 3,000,000 inhabitants an amount not to exceed
23    $177 $75. The fees collected under this schedule shall be
24    disbursed as follows:
25            (A) The clerk shall retain a sum, in an amount not
26        to exceed $50 in a county with a population of

 

 

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1        3,000,000 or more and in an amount not to exceed $10 in
2        any other county determined by the clerk with the
3        approval of the Supreme Court, to be used for court
4        automation, court document storage, and administrative
5        purposes.
6            (B) The clerk shall remit $9 to the State
7        Treasurer, which the State Treasurer shall deposit
8        into the Supreme Court Special Purpose Fund.
9            (C) The clerk shall remit a sum to the County
10        Treasurer, in an amount not to exceed $71 in a county
11        with a population of 3,000,000 or more and in an amount
12        not to exceed $90 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        (3) SCHEDULE 3: $0.
17    (b-5) Kane County and Will County. In Kane County and Will
18County civil cases, there is an additional fee of up to $30 as
19set by the county board under Section 5-1101.3 of the Counties
20Code to be paid by each party at the time of filing the first
21pleading, paper, or other appearance; provided that no
22additional fee shall be required if more than one party is
23represented in a single pleading, paper, or other appearance.
24Distribution of fees collected under this subsection (b-5)
25shall be as provided in Section 5-1101.3 of the Counties Code.
26    (c) Counterclaim or third party complaint. When any

 

 

SB1960- 9 -LRB101 10641 LNS 55747 b

1defendant files a counterclaim or third party complaint, as
2part of the defendant's answer or otherwise, the defendant
3shall pay a filing fee for each counterclaim or third party
4complaint in an amount equal to the filing fee the defendant
5would have had to pay had the defendant brought a separate
6action for the relief sought in the counterclaim or third party
7complaint, less the amount of the appearance fee, if any, that
8the defendant has already paid in the action in which the
9counterclaim or third party complaint is filed.
10    (d) Alias summons. The clerk shall collect a fee not to
11exceed $6 in a county with a population of 3,000,000 or more
12and not to exceed $5 in any other county for each alias summons
13or citation issued by the clerk, except as applied to units of
14local government and school districts in counties with more
15than 3,000,000 inhabitants an amount not to exceed $5 for each
16alias summons or citation issued by the clerk.
17    (e) Jury services. The clerk shall collect, in addition to
18other fees allowed by law, a sum not to exceed $212.50, as a
19fee for the services of a jury in every civil action not
20quasi-criminal in its nature and not a proceeding for the
21exercise of the right of eminent domain and in every other
22action wherein the right of trial by jury is or may be given by
23law. The jury fee shall be paid by the party demanding a jury
24at the time of filing the jury demand. If the fee is not paid by
25either party, no jury shall be called in the action or
26proceeding, and the action or proceeding shall be tried by the

 

 

SB1960- 10 -LRB101 10641 LNS 55747 b

1court without a jury.
2    (f) Change of venue. In connection with a change of venue:
3        (1) The clerk of the jurisdiction from which the case
4    is transferred may charge a fee, not to exceed $40, for the
5    preparation and certification of the record; and
6        (2) The clerk of the jurisdiction to which the case is
7    transferred may charge the same filing fee as if it were
8    the commencement of a new suit.
9    (g) Petition to vacate or modify.
10        (1) In a proceeding involving a petition to vacate or
11    modify any final judgment or order filed within 30 days
12    after the judgment or order was entered, except for an
13    eviction case, small claims case, petition to reopen an
14    estate, petition to modify, terminate, or enforce a
15    judgment or order for child or spousal support, or petition
16    to modify, suspend, or terminate an order for withholding,
17    the fee shall not exceed $60 in a county with a population
18    of 3,000,000 or more and shall not exceed $50 in any other
19    county, except as applied to units of local government and
20    school districts in counties with more than 3,000,000
21    inhabitants an amount not to exceed $50.
22        (2) In a proceeding involving a petition to vacate or
23    modify any final judgment or order filed more than 30 days
24    after the judgment or order was entered, except for a
25    petition to modify, terminate, or enforce a judgment or
26    order for child or spousal support, or petition to modify,

 

 

SB1960- 11 -LRB101 10641 LNS 55747 b

1    suspend, or terminate an order for withholding, the fee
2    shall not exceed $75.
3        (3) In a proceeding involving a motion to vacate or
4    amend a final order, motion to vacate an ex parte judgment,
5    judgment of forfeiture, or "failure to appear" or "failure
6    to comply" notices sent to the Secretary of State, the fee
7    shall equal $40.
8    (h) Appeals preparation. The fee for preparation of a
9record on appeal shall be based on the number of pages, as
10follows:
11        (1) if the record contains no more than 100 pages, the
12    fee shall not exceed $70 in a county with a population of
13    3,000,000 or more and shall not exceed $50 in any other
14    county;
15        (2) if the record contains between 100 and 200 pages,
16    the fee shall not exceed $100; and
17        (3) if the record contains 200 or more pages, the clerk
18    may collect an additional fee not to exceed 35 25 cents per
19    page.
20    (i) Remands. In any cases remanded to the circuit court
21from the Supreme Court or the appellate court for a new trial,
22the clerk shall reinstate the case with either its original
23number or a new number. The clerk shall not charge any new or
24additional fee for the reinstatement. Upon reinstatement, the
25clerk shall advise the parties of the reinstatement. Parties
26shall have the same right to a jury trial on remand and

 

 

SB1960- 12 -LRB101 10641 LNS 55747 b

1reinstatement that they had before the appeal, and no
2additional or new fee or charge shall be made for a jury trial
3after remand.
4    (j) Garnishment, wage deduction, and citation. In
5garnishment affidavit, wage deduction affidavit, and citation
6petition proceedings:
7        (1) if the amount in controversy in the proceeding is
8    not more than $1,000, the fee may not exceed $35 in a
9    county with a population of 3,000,000 or more and may not
10    exceed $15 in any other county, except as applied to units
11    of local government and school districts in counties with
12    more than 3,000,000 inhabitants an amount not to exceed
13    $15;
14        (2) if the amount in controversy in the proceeding is
15    greater than $1,000 and not more than $5,000, the fee may
16    not exceed $45 in a county with a population of 3,000,000
17    or more and may not exceed $30 in any other county, except
18    as applied to units of local government and school
19    districts in counties with more than 3,000,000 inhabitants
20    an amount not to exceed $30; and
21        (3) if the amount in controversy in the proceeding is
22    greater than $5,000, the fee may not exceed $65 in a county
23    with a population of 3,000,000 or more and may not exceed
24    $50 in any other county, except as applied to units of
25    local government and school districts in counties with more
26    than 3,000,000 inhabitants an amount not to exceed $50.

 

 

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1    (j-5) (Blank). Debt collection. In any proceeding to
2collect a debt subject to the exception in item (ii) of
3subparagraph (A-5) of paragraph (1) of subsection (z) of this
4Section, the circuit court shall order and the clerk shall
5collect from each judgment debtor a fee of:
6        (1) $35 if the amount in controversy in the proceeding
7    is not more than $1,000;
8        (2) $45 if the amount in controversy in the proceeding
9    is greater than $1,000 and not more than $5,000; and
10        (3) $65 if the amount in controversy in the proceeding
11    is greater than $5,000.
12    (k) Collections.
13        (1) For all collections made of others, except the
14    State and county and except in maintenance or child support
15    cases, the clerk may collect a fee of up to 2.5% of the
16    amount collected and turned over.
17        (2) In child support and maintenance cases, the clerk
18    may collect an annual fee of up to $36 from the person
19    making payment for maintaining child support records and
20    the processing of support orders to the State of Illinois
21    KIDS system and the recording of payments issued by the
22    State Disbursement Unit for the official record of the
23    Court. This fee is in addition to and separate from amounts
24    ordered to be paid as maintenance or child support and
25    shall be deposited into a Separate Maintenance and Child
26    Support Collection Fund, of which the clerk shall be the

 

 

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1    custodian, ex officio, to be used by the clerk to maintain
2    child support orders and record all payments issued by the
3    State Disbursement Unit for the official record of the
4    Court. The clerk may recover from the person making the
5    maintenance or child support payment any additional cost
6    incurred in the collection of this annual fee.
7        (3) The clerk may collect a fee of $5 for
8    certifications made to the Secretary of State as provided
9    in Section 7-703 of the Illinois Vehicle Code, and this fee
10    shall be deposited into the Separate Maintenance and Child
11    Support Collection Fund.
12        (4) In proceedings to foreclose the lien of delinquent
13    real estate taxes, State's Attorneys shall receive a fee of
14    10% of the total amount realized from the sale of real
15    estate sold in the proceedings. The clerk shall collect the
16    fee from the total amount realized from the sale of the
17    real estate sold in the proceedings and remit to the County
18    Treasurer to be credited to the earnings of the Office of
19    the State's Attorney.
20    (l) Mailing. The fee for the clerk mailing documents shall
21not exceed $10 plus the cost of postage.
22    (m) Certified copies. The fee for each certified copy of a
23judgment, after the first copy, shall not exceed $10.
24    (n) Certification, authentication, and reproduction.
25        (1) The fee for each certification or authentication
26    for taking the acknowledgment of a deed or other instrument

 

 

SB1960- 15 -LRB101 10641 LNS 55747 b

1    in writing with the seal of office shall not exceed $6.
2        (2) The fee for reproduction of any document contained
3    in the clerk's files shall not exceed:
4            (A) $2 for the first page;
5            (B) 50 cents per page for the next 19 pages; and
6            (C) 25 cents per page for all additional pages.
7    (o) Record search. For each record search, within a
8division or municipal district, the clerk may collect a search
9fee not to exceed $6 for each year searched.
10    (p) Hard copy. For each page of hard copy print output,
11when case records are maintained on an automated medium, the
12clerk may collect a fee not to exceed $10 in a county with a
13population of 3,000,000 or more and not to exceed $6 in any
14other county, except as applied to units of local government
15and school districts in counties with more than 3,000,000
16inhabitants an amount not to exceed $6.
17    (q) Index inquiry and other records. No fee shall be
18charged for a single plaintiff and defendant index inquiry or
19single case record inquiry when this request is made in person
20and the records are maintained in a current automated medium,
21and when no hard copy print output is requested. The fees to be
22charged for management records, multiple case records, and
23multiple journal records may be specified by the Chief Judge
24pursuant to the guidelines for access and dissemination of
25information approved by the Supreme Court.
26    (r) Performing a marriage. There shall be a $10 fee for

 

 

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1performing a marriage in court.
2    (s) Voluntary assignment. For filing each deed of voluntary
3assignment, the clerk shall collect a fee not to exceed $20.
4For recording a deed of voluntary assignment, the clerk shall
5collect a fee not to exceed 50 cents for each 100 words.
6Exceptions filed to claims presented to an assignee of a debtor
7who has made a voluntary assignment for the benefit of
8creditors shall be considered and treated, for the purpose of
9taxing costs therein, as actions in which the party or parties
10filing the exceptions shall be considered as party or parties
11plaintiff, and the claimant or claimants as party or parties
12defendant, and those parties respectively shall pay to the
13clerk the same fees as provided by this Section to be paid in
14other actions.
15    (t) Expungement petition. The clerk may collect a fee not
16to exceed $60 for each expungement petition filed and an
17additional fee not to exceed $4 for each certified copy of an
18order to expunge arrest records.
19    (u) Transcripts of judgment. For the filing of a transcript
20of judgment, the clerk may collect the same fee as if it were
21the commencement of a new suit.
22    (v) Probate filings.
23        (1) For each account (other than one final account)
24    filed in the estate of a decedent, or ward, the fee shall
25    not exceed $25.
26        (2) For filing a claim in an estate when the amount

 

 

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1    claimed is greater than $150 and not more than $500, the
2    fee shall not exceed $40 in a county with a population of
3    3,000,000 or more and shall not exceed $25 in any other
4    county; when the amount claimed is greater than $500 and
5    not more than $10,000, the fee shall not exceed $55 in a
6    county with a population of 3,000,000 or more and shall not
7    exceed $40 in any other county; and when the amount claimed
8    is more than $10,000, the fee shall not exceed $75 in a
9    county with a population of 3,000,000 or more and shall not
10    exceed $60 in any other county; except the court in
11    allowing a claim may add to the amount allowed the filing
12    fee paid by the claimant.
13        (3) For filing in an estate a claim, petition, or
14    supplemental proceeding based upon an action seeking
15    equitable relief including the construction or contest of a
16    will, enforcement of a contract to make a will, and
17    proceedings involving testamentary trusts or the
18    appointment of testamentary trustees, the fee shall not
19    exceed $60.
20        (4) There shall be no fee for filing in an estate: (i)
21    the appearance of any person for the purpose of consent; or
22    (ii) the appearance of an executor, administrator,
23    administrator to collect, guardian, guardian ad litem, or
24    special administrator.
25        (5) For each jury demand, the fee shall not exceed
26    $137.50.

 

 

SB1960- 18 -LRB101 10641 LNS 55747 b

1        (6) For each certified copy of letters of office, of
2    court order, or other certification, the fee shall not
3    exceed $2 per page.
4        (7) For each exemplification, the fee shall not exceed
5    $2, plus the fee for certification.
6        (8) The executor, administrator, guardian, petitioner,
7    or other interested person or his or her attorney shall pay
8    the cost of publication by the clerk directly to the
9    newspaper.
10        (9) The person on whose behalf a charge is incurred for
11    witness, court reporter, appraiser, or other miscellaneous
12    fees shall pay the same directly to the person entitled
13    thereto.
14        (10) The executor, administrator, guardian,
15    petitioner, or other interested person or his or her
16    attorney shall pay to the clerk all postage charges
17    incurred by the clerk in mailing petitions, orders,
18    notices, or other documents pursuant to the provisions of
19    the Probate Act of 1975.
20    (w) Corrections of numbers. For correction of the case
21number, case title, or attorney computer identification
22number, if required by rule of court, on any document filed in
23the clerk's office, to be charged against the party that filed
24the document, the fee shall not exceed $25.
25    (x) Miscellaneous.
26        (1) Interest earned on any fees collected by the clerk

 

 

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1    shall be turned over to the county general fund as an
2    earning of the office.
3        (2) For any check, draft, or other bank instrument
4    returned to the clerk for non-sufficient funds, account
5    closed, or payment stopped, the clerk shall collect a fee
6    of $25.
7    (y) Other fees. Any fees not covered in this Section shall
8be set by rule or administrative order of the circuit court
9with the approval of the Administrative Office of the Illinois
10Courts. The clerk of the circuit court may provide services in
11connection with the operation of the clerk's office, other than
12those services mentioned in this Section, as may be requested
13by the public and agreed to by the clerk and approved by the
14Chief Judge. Any charges for additional services shall be as
15agreed to between the clerk and the party making the request
16and approved by the Chief Judge. Nothing in this subsection
17shall be construed to require any clerk to provide any service
18not otherwise required by law.
19    (y-5) Unpaid fees. Unless a court ordered payment schedule
20is implemented or the fee requirements of this Section are
21waived under a court order, the clerk of the circuit court may
22add to any unpaid fees and costs under this Section a
23delinquency amount equal to 5% of the unpaid fees that remain
24unpaid after 30 days, 10% of the unpaid fees that remain unpaid
25after 60 days, and 15% of the unpaid fees that remain unpaid
26after 90 days. Notice to those parties may be made by signage

 

 

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1posting or publication. The additional delinquency amounts
2collected under this Section shall be deposited into the
3Circuit Court Clerk Operations and Administration Fund and used
4to defray additional administrative costs incurred by the clerk
5of the circuit court in collecting unpaid fees and costs.
6    (z) Exceptions.
7        (1) No fee authorized by this Section shall apply to:
8            (A) police departments or other law enforcement
9        agencies. In this Section, "law enforcement agency"
10        means: an agency of the State or agency of a unit of
11        local government which is vested by law or ordinance
12        with the duty to maintain public order and to enforce
13        criminal laws or ordinances; the Attorney General; or
14        any State's Attorney;
15            (A-5) any unit of local government or school
16        district in a county having a population of 500,000 or
17        less and the county board in a county having a
18        population exceeding 500,000 may by resolution set
19        reduced fees for units of local government or school
20        districts , except in counties having a population of
21        500,000 or more the county board may by resolution set
22        fees for units of local government or school districts
23        no greater than the minimum fees applicable in counties
24        with a population less than 3,000,000; provided
25        however, no fee may be charged to any unit of local
26        government or school district in connection with any

 

 

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1        action which, in whole or in part, is: (i) to enforce
2        an ordinance; (ii) to collect a debt; or (iii) under
3        the Administrative Review Law;
4            (B) any action instituted by the corporate
5        authority of a municipality with more than 1,000,000
6        inhabitants under Section 11-31-1 of the Illinois
7        Municipal Code and any action instituted under
8        subsection (b) of Section 11-31-1 of the Illinois
9        Municipal Code by a private owner or tenant of real
10        property within 1,200 feet of a dangerous or unsafe
11        building seeking an order compelling the owner or
12        owners of the building to take any of the actions
13        authorized under that subsection;
14            (C) any commitment petition or petition for an
15        order authorizing the administration of psychotropic
16        medication or electroconvulsive therapy under the
17        Mental Health and Developmental Disabilities Code;
18            (D) a petitioner in any order of protection
19        proceeding, including, but not limited to, fees for
20        filing, modifying, withdrawing, certifying, or
21        photocopying petitions for orders of protection,
22        issuing alias summons, any related filing service, or
23        certifying, modifying, vacating, or photocopying any
24        orders of protection; or
25            (E) proceedings for the appointment of a
26        confidential intermediary under the Adoption Act.

 

 

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1        (2) No fee other than the filing fee contained in the
2    applicable schedule in subsection (a) shall be charged to
3    any person in connection with an adoption proceeding.
4        (3) Upon good cause shown, the court may waive any fees
5    associated with a special needs adoption. The term "special
6    needs adoption" has the meaning provided by the Illinois
7    Department of Children and Family Services.
8    (aa) This Section is repealed on January 1, 2021.
9(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
10100-1161, eff. 7-1-19.)
 
11    Section 10. The Criminal and Traffic Assessment Act is
12amended by changing Section 1-5 as follows:
 
13    (705 ILCS 135/1-5)
14    (This Section may contain text from a Public Act with a
15delayed effective date)
16    (Section scheduled to be repealed on January 1, 2021)
17    Sec. 1-5. Definitions. In this Act:
18    "Assessment" means any costs imposed on a defendant under
19schedules 1 through 13 of this Act.
20    "Business offense" means any offense punishable by a fine
21in excess of $1,000 and for which a sentence of imprisonment is
22not an authorized disposition.
23    "Case" means all charges and counts filed against a single
24defendant which are being prosecuted as a single proceeding

 

 

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1before the court.
2    "Count" means each separate offense charged in the same
3indictment, information, or complaint when the indictment,
4information, or complaint alleges the commission of more than
5one offense.
6    "Conservation offense" means any violation of the
7following Acts, Codes, or ordinances, except any offense
8punishable upon conviction by imprisonment in the
9penitentiary:
10        (1) Fish and Aquatic Life Code;
11        (2) Wildlife Code;
12        (3) Boat Registration and Safety Act;
13        (4) Park District Code;
14        (5) Chicago Park District Act;
15        (6) State Parks Act;
16        (7) State Forest Act;
17        (8) Forest Fire Protection District Act;
18        (9) Snowmobile Registration and Safety Act;
19        (10) Endangered Species Protection Act;
20        (11) Forest Products Transportation Act;
21        (12) Timber Buyers Licensing Act;
22        (13) Downstate Forest Preserve District Act;
23        (14) Exotic Weed Act;
24        (15) Ginseng Harvesting Act;
25        (16) Cave Protection Act;
26        (17) ordinances adopted under the Counties Code for the

 

 

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1    acquisition of property for parks or recreational areas;
2        (18) Recreational Trails of Illinois Act;
3        (19) Herptiles-Herps Act; or
4        (20) any rule, regulation, proclamation, or ordinance
5    adopted under any Code or Act named in paragraphs (1)
6    through (19) of this definition.
7    "Conviction" means a judgment of conviction or sentence
8entered upon a plea of guilty or upon a verdict or finding of
9guilty of an offense, rendered by a legally constituted jury or
10by a court of competent jurisdiction authorized to try the case
11without a jury.
12    "Drug offense" means any violation of the Cannabis Control
13Act, the Illinois Controlled Substances Act, the
14Methamphetamine Control and Community Protection Act, or any
15similar local ordinance which involves the possession or
16delivery of a drug.
17    "Drug-related emergency response" means the act of
18collecting evidence from or securing a site where controlled
19substances were manufactured, or where by-products from the
20manufacture of controlled substances are present, and cleaning
21up the site, whether these actions are performed by public
22entities or private contractors paid by public entities.
23    "Electronic citation" means the process of transmitting
24traffic, misdemeanor, ordinance, conservation, or other
25citations and law enforcement data via electronic means to a
26circuit court clerk.

 

 

SB1960- 25 -LRB101 10641 LNS 55747 b

1    "Emergency response" means any incident requiring a
2response by a police officer, an ambulance, a firefighter
3carried on the rolls of a regularly constituted fire department
4or fire protection district, a firefighter of a volunteer fire
5department, or a member of a recognized not-for-profit rescue
6or emergency medical service provider. "Emergency response"
7does not include a drug-related emergency response.
8    "Felony offense" means an offense for which a sentence to a
9term of imprisonment in a penitentiary for one year or more is
10provided.
11    "Fine" means a pecuniary punishment for a conviction or
12supervision disposition as ordered by a court of law.
13    "Highest classified offense" means the offense in the case
14which carries the most severe potential disposition under
15Article 4.5 of Chapter V of the Unified Code of Corrections.
16    "Major traffic offense" means a traffic offense, as defined
17by paragraph (f) of Supreme Court Rule 501, other than a petty
18offense or business offense.
19    "Minor traffic offense" means a traffic offense, as defined
20by paragraph (f) of Supreme Court Rule 501, that is a petty
21offense or business offense.
22    "Misdemeanor offense" means any offense for which a
23sentence to a term of imprisonment in other than a penitentiary
24for less than one year may be imposed.
25    "Offense" means a violation of any local ordinance or penal
26statute of this State.

 

 

SB1960- 26 -LRB101 10641 LNS 55747 b

1    "Petty offense" means any offense punishable by a fine of
2up to $1,000 and for which a sentence of imprisonment is not an
3authorized disposition.
4    "Service provider costs" means costs incurred as a result
5of services provided by an entity including, but not limited
6to, traffic safety programs, laboratories, ambulance
7companies, and fire departments. "Service provider costs"
8includes conditional amounts under this Act that are
9reimbursements for services provided.
10    "Street value" means the amount determined by the court on
11the basis of testimony of law enforcement personnel and the
12defendant as to the amount of drug or materials seized and any
13testimony as may be required by the court as to the current
14street value of the cannabis, controlled substance,
15methamphetamine or salt of an optical isomer of
16methamphetamine, or methamphetamine manufacturing materials
17seized.
18    "Supervision" means a disposition of conditional and
19revocable release without probationary supervision, but under
20the conditions and reporting requirements as are imposed by the
21court, at the successful conclusion of which disposition the
22defendant is discharged and a judgment dismissing the charges
23is entered.
24(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
25100-1161, eff. 7-1-19.)
 
26    Section 99. Effective date. This Act takes effect July 1,

 

 

SB1960- 27 -LRB101 10641 LNS 55747 b

12019.