98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4416

 

Introduced , by Rep. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 35/4.3

    Amends the Circuit Courts Act. Provides that witness fees in actions arising under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987 shall be paid in the same manner as witness fees paid in criminal cases. Requires a witness seeking reimbursement to file an affidavit stating, among other things, that the attendance of the witness was at the instance of the State's Attorney or attorney of any other party to the action. Effective immediately.


LRB098 17624 HEP 52736 b

 

 

A BILL FOR

 

HB4416LRB098 17624 HEP 52736 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 Circuit Courts Act is amended by changing
5Section 4.3 as follows:
 
6    (705 ILCS 35/4.3)
7    Sec. 4.3. Witness fees.
8    (a) Every witness attending in any county upon trials in
9the courts, except for actions arising under Article II of the
10Juvenile Court Act of 1987, shall be entitled to receive the
11sum of $20 for each day's attendance and $0.20 per mile each
12way for necessary travel. For attending in a foreign county,
13each day's travel shall constitute a day of attendance. Every
14person attending for the purpose of having his deposition taken
15shall receive the same per diem and mileage as provided in this
16Section for witnesses in circuit courts. No allowance or charge
17shall be made, however, for the attendance of a witness unless
18the witness makes an affidavit stating the number of days he or
19she actually attended, and that attendance was at the instance
20of one or both of the parties or his or her attorney.
21    (b) In a criminal case or action arising under Article II
22of the Juvenile Court Act of 1987 in which a witness is
23required to attend from a foreign county or state, either

 

 

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1before the grand jury or at the trial of the cause in the
2court, the witness shall receive the same per diem and mileage
3as provided in this Section for witnesses in circuit courts to
4be paid out of the county treasury of the county where the
5crime was committed or the case under Article II of the
6Juvenile Court Act of 1987 is filed on the certificate of the
7clerk of the court where the trial is being had if the witness
8makes an affidavit stating (i) the distance traveled, (ii) that
9it was the usually traveled and most direct route, (iii) the
10number of days' actual travel and attendance, and (iv) that
11attendance was at the instance of the State's Attorney or the
12accused, or his or her attorney or, in the case of an action
13filed under Article II of the Juvenile Court Act of 1987, at
14the instance of the State's Attorney or attorney of any other
15party to the action. To the affidavit shall be added the
16certificate of the judge that the amount is reasonable and that
17the witness was a material witness in the court or before the
18grand jury.
19(Source: P.A. 89-233, eff. 1-1-96.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.