Rep. La Shawn K. Ford

Filed: 4/9/2018

 

 


 

 


 
10000HB2367ham004LRB100 09422 SLF 37703 a

1
AMENDMENT TO HOUSE BILL 2367

2    AMENDMENT NO. ______. Amend House Bill 2367, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Criminal Identification Act is amended by
6changing Section 5.2 as follows:
 
7    (20 ILCS 2630/5.2)
8    Sec. 5.2. Expungement, sealing, and immediate sealing.
9    (a) General Provisions.
10        (1) Definitions. In this Act, words and phrases have
11    the meanings set forth in this subsection, except when a
12    particular context clearly requires a different meaning.
13            (A) The following terms shall have the meanings
14        ascribed to them in the Unified Code of Corrections,
15        730 ILCS 5/5-1-2 through 5/5-1-22:
16                (i) Business Offense (730 ILCS 5/5-1-2),

 

 

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1                (ii) Charge (730 ILCS 5/5-1-3),
2                (iii) Court (730 ILCS 5/5-1-6),
3                (iv) Defendant (730 ILCS 5/5-1-7),
4                (v) Felony (730 ILCS 5/5-1-9),
5                (vi) Imprisonment (730 ILCS 5/5-1-10),
6                (vii) Judgment (730 ILCS 5/5-1-12),
7                (viii) Misdemeanor (730 ILCS 5/5-1-14),
8                (ix) Offense (730 ILCS 5/5-1-15),
9                (x) Parole (730 ILCS 5/5-1-16),
10                (xi) Petty Offense (730 ILCS 5/5-1-17),
11                (xii) Probation (730 ILCS 5/5-1-18),
12                (xiii) Sentence (730 ILCS 5/5-1-19),
13                (xiv) Supervision (730 ILCS 5/5-1-21), and
14                (xv) Victim (730 ILCS 5/5-1-22).
15            (B) As used in this Section, "charge not initiated
16        by arrest" means a charge (as defined by 730 ILCS
17        5/5-1-3) brought against a defendant where the
18        defendant is not arrested prior to or as a direct
19        result of the charge.
20            (C) "Conviction" means a judgment of conviction or
21        sentence entered upon a plea of guilty or upon a
22        verdict or finding of guilty of an offense, rendered by
23        a legally constituted jury or by a court of competent
24        jurisdiction authorized to try the case without a jury.
25        An order of supervision successfully completed by the
26        petitioner is not a conviction. An order of qualified

 

 

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1        probation (as defined in subsection (a)(1)(J))
2        successfully completed by the petitioner is not a
3        conviction. An order of supervision or an order of
4        qualified probation that is terminated
5        unsatisfactorily is a conviction, unless the
6        unsatisfactory termination is reversed, vacated, or
7        modified and the judgment of conviction, if any, is
8        reversed or vacated.
9            (D) "Criminal offense" means a petty offense,
10        business offense, misdemeanor, felony, or municipal
11        ordinance violation (as defined in subsection
12        (a)(1)(H)). As used in this Section, a minor traffic
13        offense (as defined in subsection (a)(1)(G)) shall not
14        be considered a criminal offense.
15            (E) "Expunge" means to physically destroy the
16        records or return them to the petitioner and to
17        obliterate the petitioner's name from any official
18        index or public record, or both. Nothing in this Act
19        shall require the physical destruction of the circuit
20        court file, but such records relating to arrests or
21        charges, or both, ordered expunged shall be impounded
22        as required by subsections (d)(9)(A)(ii) and
23        (d)(9)(B)(ii).
24            (F) As used in this Section, "last sentence" means
25        the sentence, order of supervision, or order of
26        qualified probation (as defined by subsection

 

 

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1        (a)(1)(J)), for a criminal offense (as defined by
2        subsection (a)(1)(D)) that terminates last in time in
3        any jurisdiction, regardless of whether the petitioner
4        has included the criminal offense for which the
5        sentence or order of supervision or qualified
6        probation was imposed in his or her petition. If
7        multiple sentences, orders of supervision, or orders
8        of qualified probation terminate on the same day and
9        are last in time, they shall be collectively considered
10        the "last sentence" regardless of whether they were
11        ordered to run concurrently.
12            (G) "Minor traffic offense" means a petty offense,
13        business offense, or Class C misdemeanor under the
14        Illinois Vehicle Code or a similar provision of a
15        municipal or local ordinance.
16            (H) "Municipal ordinance violation" means an
17        offense defined by a municipal or local ordinance that
18        is criminal in nature and with which the petitioner was
19        charged or for which the petitioner was arrested and
20        released without charging.
21            (I) "Petitioner" means an adult or a minor
22        prosecuted as an adult who has applied for relief under
23        this Section.
24            (J) "Qualified probation" means an order of
25        probation under Section 10 of the Cannabis Control Act,
26        Section 410 of the Illinois Controlled Substances Act,

 

 

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1        Section 70 of the Methamphetamine Control and
2        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
3        of the Unified Code of Corrections, Section
4        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
5        those provisions existed before their deletion by
6        Public Act 89-313), Section 10-102 of the Illinois
7        Alcoholism and Other Drug Dependency Act, Section
8        40-10 of the Alcoholism and Other Drug Abuse and
9        Dependency Act, or Section 10 of the Steroid Control
10        Act. For the purpose of this Section, "successful
11        completion" of an order of qualified probation under
12        Section 10-102 of the Illinois Alcoholism and Other
13        Drug Dependency Act and Section 40-10 of the Alcoholism
14        and Other Drug Abuse and Dependency Act means that the
15        probation was terminated satisfactorily and the
16        judgment of conviction was vacated.
17            (K) "Seal" means to physically and electronically
18        maintain the records, unless the records would
19        otherwise be destroyed due to age, but to make the
20        records unavailable without a court order, subject to
21        the exceptions in Sections 12 and 13 of this Act. The
22        petitioner's name shall also be obliterated from the
23        official index required to be kept by the circuit court
24        clerk under Section 16 of the Clerks of Courts Act, but
25        any index issued by the circuit court clerk before the
26        entry of the order to seal shall not be affected.

 

 

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1            (L) "Sexual offense committed against a minor"
2        includes but is not limited to the offenses of indecent
3        solicitation of a child or criminal sexual abuse when
4        the victim of such offense is under 18 years of age.
5            (M) "Terminate" as it relates to a sentence or
6        order of supervision or qualified probation includes
7        either satisfactory or unsatisfactory termination of
8        the sentence, unless otherwise specified in this
9        Section.
10        (2) Minor Traffic Offenses. Orders of supervision or
11    convictions for minor traffic offenses shall not affect a
12    petitioner's eligibility to expunge or seal records
13    pursuant to this Section.
14        (2.5) Commencing 180 days after July 29, 2016 (the
15    effective date of Public Act 99-697), the law enforcement
16    agency issuing the citation shall automatically expunge,
17    on or before January 1 and July 1 of each year, the law
18    enforcement records of a person found to have committed a
19    civil law violation of subsection (a) of Section 4 of the
20    Cannabis Control Act or subsection (c) of Section 3.5 of
21    the Drug Paraphernalia Control Act in the law enforcement
22    agency's possession or control and which contains the final
23    satisfactory disposition which pertain to the person
24    issued a citation for that offense. The law enforcement
25    agency shall provide by rule the process for access,
26    review, and to confirm the automatic expungement by the law

 

 

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1    enforcement agency issuing the citation. Commencing 180
2    days after July 29, 2016 (the effective date of Public Act
3    99-697), the clerk of the circuit court shall expunge, upon
4    order of the court, or in the absence of a court order on
5    or before January 1 and July 1 of each year, the court
6    records of a person found in the circuit court to have
7    committed a civil law violation of subsection (a) of
8    Section 4 of the Cannabis Control Act or subsection (c) of
9    Section 3.5 of the Drug Paraphernalia Control Act in the
10    clerk's possession or control and which contains the final
11    satisfactory disposition which pertain to the person
12    issued a citation for any of those offenses.
13        (3) Exclusions. Except as otherwise provided in
14    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
15    of this Section, the court shall not order:
16            (A) the sealing or expungement of the records of
17        arrests or charges not initiated by arrest that result
18        in an order of supervision for or conviction of: (i)
19        any sexual offense committed against a minor; (ii)
20        Section 11-501 of the Illinois Vehicle Code or a
21        similar provision of a local ordinance; or (iii)
22        Section 11-503 of the Illinois Vehicle Code or a
23        similar provision of a local ordinance, unless the
24        arrest or charge is for a misdemeanor violation of
25        subsection (a) of Section 11-503 or a similar provision
26        of a local ordinance, that occurred prior to the

 

 

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1        offender reaching the age of 25 years and the offender
2        has no other conviction for violating Section 11-501 or
3        11-503 of the Illinois Vehicle Code or a similar
4        provision of a local ordinance.
5            (B) the sealing or expungement of records of minor
6        traffic offenses (as defined in subsection (a)(1)(G)),
7        unless the petitioner was arrested and released
8        without charging.
9            (C) the sealing of the records of arrests or
10        charges not initiated by arrest which result in an
11        order of supervision or a conviction for the following
12        offenses:
13                (i) offenses included in Article 11 of the
14            Criminal Code of 1961 or the Criminal Code of 2012
15            or a similar provision of a local ordinance, except
16            Section 11-14 and a misdemeanor violation of
17            Section 11-30 of the Criminal Code of 1961 or the
18            Criminal Code of 2012, or a similar provision of a
19            local ordinance;
20                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
21            26-5, or 48-1 of the Criminal Code of 1961 or the
22            Criminal Code of 2012, or a similar provision of a
23            local ordinance;
24                (iii) Sections 12-3.1 or 12-3.2 of the
25            Criminal Code of 1961 or the Criminal Code of 2012,
26            or Section 125 of the Stalking No Contact Order

 

 

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1            Act, or Section 219 of the Civil No Contact Order
2            Act, or a similar provision of a local ordinance;
3                (iv) Class A misdemeanors or felony offenses
4            under the Humane Care for Animals Act; or
5                (v) any offense or attempted offense that
6            would subject a person to registration under the
7            Sex Offender Registration Act.
8            (D) (blank).
9    (b) Expungement.
10        (1) A petitioner may petition the circuit court to
11    expunge the records of his or her arrests and charges not
12    initiated by arrest when each arrest or charge not
13    initiated by arrest sought to be expunged resulted in: (i)
14    acquittal, dismissal, or the petitioner's release without
15    charging, unless excluded by subsection (a)(3)(B); (ii) a
16    conviction which was vacated or reversed, unless excluded
17    by subsection (a)(3)(B); (iii) an order of supervision and
18    such supervision was successfully completed by the
19    petitioner, unless excluded by subsection (a)(3)(A) or
20    (a)(3)(B); or (iv) an order of qualified probation (as
21    defined in subsection (a)(1)(J)) and such probation was
22    successfully completed by the petitioner.
23        (1.2) Notwithstanding any other provision of this
24    Section, a petitioner may petition the circuit court to
25    expunge arrests or charges not initiated by arrest
26    resulting in:

 

 

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1            (A) Class 4 felony convictions for:
2                Prostitution under Section 11-14 of the
3            Criminal Code of 1961 or the Criminal Code of 2012.
4                Possession of cannabis under Section 4 of the
5            Cannabis Control Act.
6                Possession of a controlled substance under
7            Section 402 of the Illinois Controlled Substances
8            Act.
9                Offenses under the Methamphetamine Precursor
10            Control Act.
11                Offenses under the Steroid Control Act.
12                Theft under Section 16-1 of the Criminal Code
13            of 1961 or the Criminal Code of 2012.
14                Retail theft under Section 16A-3 or paragraph
15            (a) of 16-25 of the Criminal Code of 1961 or the
16            Criminal Code of 2012.
17                Deceptive practices under Section 17-1 of the
18            Criminal Code of 1961 or the Criminal Code of 2012.
19                Forgery under Section 17-3 of the Criminal
20            Code of 1961 or the Criminal Code of 2012.
21                Possession of burglary tools under Section
22            19-2 of the Criminal Code of 1961 or the Criminal
23            Code of 2012.
24            (B) Class 3 felony convictions for:
25                Theft under Section 16-1 of the Criminal Code
26            of 1961 or the Criminal Code of 2012.

 

 

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1                Retail theft under Section 16A-3 or paragraph
2            (a) of 16-25 of the Criminal Code of 1961 or the
3            Criminal Code of 2012.
4                Deceptive practices under Section 17-1 of the
5            Criminal Code of 1961 or the Criminal Code of 2012.
6                Forgery under Section 17-3 of the Criminal
7            Code of 1961 or the Criminal Code of 2012.
8                Possession with intent to manufacture or
9            deliver a controlled substance under Section 401
10            of the Illinois Controlled Substances Act.
11        (1.3) A petitioner may petition the circuit court to
12    expunge records of a civil law violation of subsection (a)
13    of Section 4 of the Cannabis Control Act or subsection (c)
14    of Section 3.5 of the Drug Paraphernalia Control Act.
15        (1.5) When a petitioner seeks to have a record of
16    arrest expunged under this Section, and the offender has
17    been convicted of a criminal offense, the State's Attorney
18    may object to the expungement on the grounds that the
19    records contain specific relevant information aside from
20    the mere fact of the arrest.
21        (2) Time frame for filing a petition to expunge.
22            (A) When the arrest or charge not initiated by
23        arrest sought to be expunged resulted in an acquittal,
24        dismissal, the petitioner's release without charging,
25        or the reversal or vacation of a conviction, there is
26        no waiting period to petition for the expungement of

 

 

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1        such records.
2            (B) When the arrest or charge not initiated by
3        arrest sought to be expunged resulted in an order of
4        supervision, successfully completed by the petitioner,
5        the following time frames will apply:
6                (i) Those arrests or charges that resulted in
7            orders of supervision under Section 3-707, 3-708,
8            3-710, or 5-401.3 of the Illinois Vehicle Code or a
9            similar provision of a local ordinance, or under
10            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
11            Code of 1961 or the Criminal Code of 2012, or a
12            similar provision of a local ordinance, shall not
13            be eligible for expungement until 5 years have
14            passed following the satisfactory termination of
15            the supervision.
16                (i-5) Those arrests or charges that resulted
17            in orders of supervision for a misdemeanor
18            violation of subsection (a) of Section 11-503 of
19            the Illinois Vehicle Code or a similar provision of
20            a local ordinance, that occurred prior to the
21            offender reaching the age of 25 years and the
22            offender has no other conviction for violating
23            Section 11-501 or 11-503 of the Illinois Vehicle
24            Code or a similar provision of a local ordinance
25            shall not be eligible for expungement until the
26            petitioner has reached the age of 25 years.

 

 

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1                (ii) Those arrests or charges that resulted in
2            orders of supervision for any other offenses shall
3            not be eligible for expungement until 2 years have
4            passed following the satisfactory termination of
5            the supervision.
6            (C) When the arrest or charge not initiated by
7        arrest sought to be expunged resulted in an order of
8        qualified probation, successfully completed by the
9        petitioner, such records shall not be eligible for
10        expungement until 5 years have passed following the
11        satisfactory termination of the probation.
12        (3) Those records maintained by the Department for
13    persons arrested prior to their 17th birthday shall be
14    expunged as provided in Section 5-915 of the Juvenile Court
15    Act of 1987.
16        (4) Whenever a person has been arrested for or
17    convicted of any offense, in the name of a person whose
18    identity he or she has stolen or otherwise come into
19    possession of, the aggrieved person from whom the identity
20    was stolen or otherwise obtained without authorization,
21    upon learning of the person having been arrested using his
22    or her identity, may, upon verified petition to the chief
23    judge of the circuit wherein the arrest was made, have a
24    court order entered nunc pro tunc by the Chief Judge to
25    correct the arrest record, conviction record, if any, and
26    all official records of the arresting authority, the

 

 

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1    Department, other criminal justice agencies, the
2    prosecutor, and the trial court concerning such arrest, if
3    any, by removing his or her name from all such records in
4    connection with the arrest and conviction, if any, and by
5    inserting in the records the name of the offender, if known
6    or ascertainable, in lieu of the aggrieved's name. The
7    records of the circuit court clerk shall be sealed until
8    further order of the court upon good cause shown and the
9    name of the aggrieved person obliterated on the official
10    index required to be kept by the circuit court clerk under
11    Section 16 of the Clerks of Courts Act, but the order shall
12    not affect any index issued by the circuit court clerk
13    before the entry of the order. Nothing in this Section
14    shall limit the Department of State Police or other
15    criminal justice agencies or prosecutors from listing
16    under an offender's name the false names he or she has
17    used.
18        (5) Whenever a person has been convicted of criminal
19    sexual assault, aggravated criminal sexual assault,
20    predatory criminal sexual assault of a child, criminal
21    sexual abuse, or aggravated criminal sexual abuse, the
22    victim of that offense may request that the State's
23    Attorney of the county in which the conviction occurred
24    file a verified petition with the presiding trial judge at
25    the petitioner's trial to have a court order entered to
26    seal the records of the circuit court clerk in connection

 

 

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1    with the proceedings of the trial court concerning that
2    offense. However, the records of the arresting authority
3    and the Department of State Police concerning the offense
4    shall not be sealed. The court, upon good cause shown,
5    shall make the records of the circuit court clerk in
6    connection with the proceedings of the trial court
7    concerning the offense available for public inspection.
8        (6) If a conviction has been set aside on direct review
9    or on collateral attack and the court determines by clear
10    and convincing evidence that the petitioner was factually
11    innocent of the charge, the court that finds the petitioner
12    factually innocent of the charge shall enter an expungement
13    order for the conviction for which the petitioner has been
14    determined to be innocent as provided in subsection (b) of
15    Section 5-5-4 of the Unified Code of Corrections.
16        (7) Nothing in this Section shall prevent the
17    Department of State Police from maintaining all records of
18    any person who is admitted to probation upon terms and
19    conditions and who fulfills those terms and conditions
20    pursuant to Section 10 of the Cannabis Control Act, Section
21    410 of the Illinois Controlled Substances Act, Section 70
22    of the Methamphetamine Control and Community Protection
23    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
24    Corrections, Section 12-4.3 or subdivision (b)(1) of
25    Section 12-3.05 of the Criminal Code of 1961 or the
26    Criminal Code of 2012, Section 10-102 of the Illinois

 

 

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1    Alcoholism and Other Drug Dependency Act, Section 40-10 of
2    the Alcoholism and Other Drug Abuse and Dependency Act, or
3    Section 10 of the Steroid Control Act.
4        (8) If the petitioner has been granted a certificate of
5    innocence under Section 2-702 of the Code of Civil
6    Procedure, the court that grants the certificate of
7    innocence shall also enter an order expunging the
8    conviction for which the petitioner has been determined to
9    be innocent as provided in subsection (h) of Section 2-702
10    of the Code of Civil Procedure.
11    (c) Sealing.
12        (1) Applicability. Notwithstanding any other provision
13    of this Act to the contrary, and cumulative with any rights
14    to expungement of criminal records, this subsection
15    authorizes the sealing of criminal records of adults and of
16    minors prosecuted as adults. Subsection (g) of this Section
17    provides for immediate sealing of certain records.
18        (2) Eligible Records. The following records may be
19    sealed:
20            (A) All arrests resulting in release without
21        charging;
22            (B) Arrests or charges not initiated by arrest
23        resulting in acquittal, dismissal, or conviction when
24        the conviction was reversed or vacated, except as
25        excluded by subsection (a)(3)(B);
26            (C) Arrests or charges not initiated by arrest

 

 

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1        resulting in orders of supervision, including orders
2        of supervision for municipal ordinance violations,
3        successfully completed by the petitioner, unless
4        excluded by subsection (a)(3);
5            (D) Arrests or charges not initiated by arrest
6        resulting in convictions, including convictions on
7        municipal ordinance violations, unless excluded by
8        subsection (a)(3);
9            (E) Arrests or charges not initiated by arrest
10        resulting in orders of first offender probation under
11        Section 10 of the Cannabis Control Act, Section 410 of
12        the Illinois Controlled Substances Act, Section 70 of
13        the Methamphetamine Control and Community Protection
14        Act, or Section 5-6-3.3 of the Unified Code of
15        Corrections; and
16            (F) Arrests or charges not initiated by arrest
17        resulting in felony convictions unless otherwise
18        excluded by subsection (a) paragraph (3) of this
19        Section.
20        (3) When Records Are Eligible to Be Sealed. Records
21    identified as eligible under subsection (c)(2) may be
22    sealed as follows:
23            (A) Records identified as eligible under
24        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
25        time.
26            (B) Except as otherwise provided in subparagraph

 

 

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1        (E) of this paragraph (3), records identified as
2        eligible under subsection (c)(2)(C) may be sealed 2
3        years after the termination of petitioner's last
4        sentence (as defined in subsection (a)(1)(F)).
5            (C) Except as otherwise provided in subparagraph
6        (E) of this paragraph (3), records identified as
7        eligible under subsections (c)(2)(D), (c)(2)(E), and
8        (c)(2)(F) may be sealed 3 years after the termination
9        of the petitioner's last sentence (as defined in
10        subsection (a)(1)(F)). Convictions requiring public
11        registration under the Arsonist Registration Act, the
12        Sex Offender Registration Act, or the Murderer and
13        Violent Offender Against Youth Registration Act may
14        not be sealed until the petitioner is no longer
15        required to register under that relevant Act.
16            (D) Records identified in subsection
17        (a)(3)(A)(iii) may be sealed after the petitioner has
18        reached the age of 25 years.
19            (E) Records identified as eligible under
20        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
21        (c)(2)(F) may be sealed upon termination of the
22        petitioner's last sentence if the petitioner earned a
23        high school diploma, associate's degree, career
24        certificate, vocational technical certification, or
25        bachelor's degree, or passed the high school level Test
26        of General Educational Development, during the period

 

 

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1        of his or her sentence, aftercare release, or mandatory
2        supervised release. This subparagraph shall apply only
3        to a petitioner who has not completed the same
4        educational goal prior to the period of his or her
5        sentence, aftercare release, or mandatory supervised
6        release. If a petition for sealing eligible records
7        filed under this subparagraph is denied by the court,
8        the time periods under subparagraph (B) or (C) shall
9        apply to any subsequent petition for sealing filed by
10        the petitioner.
11        (4) Subsequent felony convictions. A person may not
12    have subsequent felony conviction records sealed as
13    provided in this subsection (c) if he or she is convicted
14    of any felony offense after the date of the sealing of
15    prior felony convictions as provided in this subsection
16    (c). The court may, upon conviction for a subsequent felony
17    offense, order the unsealing of prior felony conviction
18    records previously ordered sealed by the court.
19        (5) Notice of eligibility for sealing. Upon entry of a
20    disposition for an eligible record under this subsection
21    (c), the petitioner shall be informed by the court of the
22    right to have the records sealed and the procedures for the
23    sealing of the records.
24    (d) Procedure. The following procedures apply to
25expungement under subsections (b), (e), and (e-6) and sealing
26under subsections (c) and (e-5):

 

 

10000HB2367ham004- 20 -LRB100 09422 SLF 37703 a

1        (1) Filing the petition. Upon becoming eligible to
2    petition for the expungement or sealing of records under
3    this Section, the petitioner shall file a petition
4    requesting the expungement or sealing of records with the
5    clerk of the court where the arrests occurred or the
6    charges were brought, or both. If arrests occurred or
7    charges were brought in multiple jurisdictions, a petition
8    must be filed in each such jurisdiction. The petitioner
9    shall pay the applicable fee, except no fee shall be
10    required if the petitioner has obtained a court order
11    waiving fees under Supreme Court Rule 298 or it is
12    otherwise waived.
13        (1.5) County fee waiver pilot program. In a county of
14    3,000,000 or more inhabitants, no fee shall be required to
15    be paid by a petitioner if the records sought to be
16    expunged or sealed were arrests resulting in release
17    without charging or arrests or charges not initiated by
18    arrest resulting in acquittal, dismissal, or conviction
19    when the conviction was reversed or vacated, unless
20    excluded by subsection (a)(3)(B). The provisions of this
21    paragraph (1.5), other than this sentence, are inoperative
22    on and after January 1, 2019 or one year after January 1,
23    2017 (the effective date of Public Act 99-881), whichever
24    is later.
25        (2) Contents of petition. The petition shall be
26    verified and shall contain the petitioner's name, date of

 

 

10000HB2367ham004- 21 -LRB100 09422 SLF 37703 a

1    birth, current address and, for each arrest or charge not
2    initiated by arrest sought to be sealed or expunged, the
3    case number, the date of arrest (if any), the identity of
4    the arresting authority, and such other information as the
5    court may require. During the pendency of the proceeding,
6    the petitioner shall promptly notify the circuit court
7    clerk of any change of his or her address. If the
8    petitioner has received a certificate of eligibility for
9    sealing from the Prisoner Review Board under paragraph (10)
10    of subsection (a) of Section 3-3-2 of the Unified Code of
11    Corrections, the certificate shall be attached to the
12    petition.
13        (3) Drug test. The petitioner must attach to the
14    petition proof that the petitioner has passed a test taken
15    within 30 days before the filing of the petition showing
16    the absence within his or her body of all illegal
17    substances as defined by the Illinois Controlled
18    Substances Act, the Methamphetamine Control and Community
19    Protection Act, and the Cannabis Control Act if he or she
20    is petitioning to:
21            (A) seal felony records under clause (c)(2)(E);
22            (B) seal felony records for a violation of the
23        Illinois Controlled Substances Act, the
24        Methamphetamine Control and Community Protection Act,
25        or the Cannabis Control Act under clause (c)(2)(F);
26            (C) seal felony records under subsection (e-5); or

 

 

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1            (D) expunge felony records of a qualified
2        probation under clause (b)(1)(iv).
3        (4) Service of petition. The circuit court clerk shall
4    promptly serve a copy of the petition and documentation to
5    support the petition under subsection (e-5) or (e-6) on the
6    State's Attorney or prosecutor charged with the duty of
7    prosecuting the offense, the Department of State Police,
8    the arresting agency and the chief legal officer of the
9    unit of local government effecting the arrest.
10        (5) Objections.
11            (A) Any party entitled to notice of the petition
12        may file an objection to the petition. All objections
13        shall be in writing, shall be filed with the circuit
14        court clerk, and shall state with specificity the basis
15        of the objection. Whenever a person who has been
16        convicted of an offense is granted a pardon by the
17        Governor which specifically authorizes expungement, an
18        objection to the petition may not be filed.
19            (B) Objections to a petition to expunge or seal
20        must be filed within 60 days of the date of service of
21        the petition.
22        (6) Entry of order.
23            (A) The Chief Judge of the circuit wherein the
24        charge was brought, any judge of that circuit
25        designated by the Chief Judge, or in counties of less
26        than 3,000,000 inhabitants, the presiding trial judge

 

 

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1        at the petitioner's trial, if any, shall rule on the
2        petition to expunge or seal as set forth in this
3        subsection (d)(6).
4            (B) Unless the State's Attorney or prosecutor, the
5        Department of State Police, the arresting agency, or
6        the chief legal officer files an objection to the
7        petition to expunge or seal within 60 days from the
8        date of service of the petition, the court shall enter
9        an order granting or denying the petition.
10        (7) Hearings. If an objection is filed, the court shall
11    set a date for a hearing and notify the petitioner and all
12    parties entitled to notice of the petition of the hearing
13    date at least 30 days prior to the hearing. Prior to the
14    hearing, the State's Attorney shall consult with the
15    Department as to the appropriateness of the relief sought
16    in the petition to expunge or seal. At the hearing, the
17    court shall hear evidence on whether the petition should or
18    should not be granted, and shall grant or deny the petition
19    to expunge or seal the records based on the evidence
20    presented at the hearing. The court may consider the
21    following:
22            (A) the strength of the evidence supporting the
23        defendant's conviction;
24            (B) the reasons for retention of the conviction
25        records by the State;
26            (C) the petitioner's age, criminal record history,

 

 

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1        and employment history;
2            (D) the period of time between the petitioner's
3        arrest on the charge resulting in the conviction and
4        the filing of the petition under this Section; and
5            (E) the specific adverse consequences the
6        petitioner may be subject to if the petition is denied.
7        (8) Service of order. After entering an order to
8    expunge or seal records, the court must provide copies of
9    the order to the Department, in a form and manner
10    prescribed by the Department, to the petitioner, to the
11    State's Attorney or prosecutor charged with the duty of
12    prosecuting the offense, to the arresting agency, to the
13    chief legal officer of the unit of local government
14    effecting the arrest, and to such other criminal justice
15    agencies as may be ordered by the court.
16        (9) Implementation of order.
17            (A) Upon entry of an order to expunge records
18        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
19                (i) the records shall be expunged (as defined
20            in subsection (a)(1)(E)) by the arresting agency,
21            the Department, and any other agency as ordered by
22            the court, within 60 days of the date of service of
23            the order, unless a motion to vacate, modify, or
24            reconsider the order is filed pursuant to
25            paragraph (12) of subsection (d) of this Section;
26                (ii) the records of the circuit court clerk

 

 

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1            shall be impounded until further order of the court
2            upon good cause shown and the name of the
3            petitioner obliterated on the official index
4            required to be kept by the circuit court clerk
5            under Section 16 of the Clerks of Courts Act, but
6            the order shall not affect any index issued by the
7            circuit court clerk before the entry of the order;
8            and
9                (iii) in response to an inquiry for expunged
10            records, the court, the Department, or the agency
11            receiving such inquiry, shall reply as it does in
12            response to inquiries when no records ever
13            existed.
14            (B) Upon entry of an order to expunge records
15        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
16                (i) the records shall be expunged (as defined
17            in subsection (a)(1)(E)) by the arresting agency
18            and any other agency as ordered by the court,
19            within 60 days of the date of service of the order,
20            unless a motion to vacate, modify, or reconsider
21            the order is filed pursuant to paragraph (12) of
22            subsection (d) of this Section;
23                (ii) the records of the circuit court clerk
24            shall be impounded until further order of the court
25            upon good cause shown and the name of the
26            petitioner obliterated on the official index

 

 

10000HB2367ham004- 26 -LRB100 09422 SLF 37703 a

1            required to be kept by the circuit court clerk
2            under Section 16 of the Clerks of Courts Act, but
3            the order shall not affect any index issued by the
4            circuit court clerk before the entry of the order;
5                (iii) the records shall be impounded by the
6            Department within 60 days of the date of service of
7            the order as ordered by the court, unless a motion
8            to vacate, modify, or reconsider the order is filed
9            pursuant to paragraph (12) of subsection (d) of
10            this Section;
11                (iv) records impounded by the Department may
12            be disseminated by the Department only as required
13            by law or to the arresting authority, the State's
14            Attorney, and the court upon a later arrest for the
15            same or a similar offense or for the purpose of
16            sentencing for any subsequent felony, and to the
17            Department of Corrections upon conviction for any
18            offense; and
19                (v) in response to an inquiry for such records
20            from anyone not authorized by law to access such
21            records, the court, the Department, or the agency
22            receiving such inquiry shall reply as it does in
23            response to inquiries when no records ever
24            existed.
25            (B-5) Upon entry of an order to expunge records
26        under subsection (e-6):

 

 

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1                (i) the records shall be expunged (as defined
2            in subsection (a)(1)(E)) by the arresting agency
3            and any other agency as ordered by the court,
4            within 60 days of the date of service of the order,
5            unless a motion to vacate, modify, or reconsider
6            the order is filed under paragraph (12) of
7            subsection (d) of this Section;
8                (ii) the records of the circuit court clerk
9            shall be impounded until further order of the court
10            upon good cause shown and the name of the
11            petitioner obliterated on the official index
12            required to be kept by the circuit court clerk
13            under Section 16 of the Clerks of Courts Act, but
14            the order shall not affect any index issued by the
15            circuit court clerk before the entry of the order;
16                (iii) the records shall be impounded by the
17            Department within 60 days of the date of service of
18            the order as ordered by the court, unless a motion
19            to vacate, modify, or reconsider the order is filed
20            under paragraph (12) of subsection (d) of this
21            Section;
22                (iv) records impounded by the Department may
23            be disseminated by the Department only as required
24            by law or to the arresting authority, the State's
25            Attorney, and the court upon a later arrest for the
26            same or a similar offense or for the purpose of

 

 

10000HB2367ham004- 28 -LRB100 09422 SLF 37703 a

1            sentencing for any subsequent felony, and to the
2            Department of Corrections upon conviction for any
3            offense; and
4                (v) in response to an inquiry for these records
5            from anyone not authorized by law to access the
6            records, the court, the Department, or the agency
7            receiving the inquiry shall reply as it does in
8            response to inquiries when no records ever
9            existed.
10            (C) Upon entry of an order to seal records under
11        subsection (c), the arresting agency, any other agency
12        as ordered by the court, the Department, and the court
13        shall seal the records (as defined in subsection
14        (a)(1)(K)). In response to an inquiry for such records,
15        from anyone not authorized by law to access such
16        records, the court, the Department, or the agency
17        receiving such inquiry shall reply as it does in
18        response to inquiries when no records ever existed.
19            (D) The Department shall send written notice to the
20        petitioner of its compliance with each order to expunge
21        or seal records within 60 days of the date of service
22        of that order or, if a motion to vacate, modify, or
23        reconsider is filed, within 60 days of service of the
24        order resolving the motion, if that order requires the
25        Department to expunge or seal records. In the event of
26        an appeal from the circuit court order, the Department

 

 

10000HB2367ham004- 29 -LRB100 09422 SLF 37703 a

1        shall send written notice to the petitioner of its
2        compliance with an Appellate Court or Supreme Court
3        judgment to expunge or seal records within 60 days of
4        the issuance of the court's mandate. The notice is not
5        required while any motion to vacate, modify, or
6        reconsider, or any appeal or petition for
7        discretionary appellate review, is pending.
8        (10) Fees. The Department may charge the petitioner a
9    fee equivalent to the cost of processing any order to
10    expunge or seal records. Notwithstanding any provision of
11    the Clerks of Courts Act to the contrary, the circuit court
12    clerk may charge a fee equivalent to the cost associated
13    with the sealing or expungement of records by the circuit
14    court clerk. From the total filing fee collected for the
15    petition to seal or expunge, the circuit court clerk shall
16    deposit $10 into the Circuit Court Clerk Operation and
17    Administrative Fund, to be used to offset the costs
18    incurred by the circuit court clerk in performing the
19    additional duties required to serve the petition to seal or
20    expunge on all parties. The circuit court clerk shall
21    collect and forward the Department of State Police portion
22    of the fee to the Department and it shall be deposited in
23    the State Police Services Fund.
24        (11) Final Order. No court order issued under the
25    expungement or sealing provisions of this Section shall
26    become final for purposes of appeal until 30 days after

 

 

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1    service of the order on the petitioner and all parties
2    entitled to notice of the petition.
3        (12) Motion to Vacate, Modify, or Reconsider. Under
4    Section 2-1203 of the Code of Civil Procedure, the
5    petitioner or any party entitled to notice may file a
6    motion to vacate, modify, or reconsider the order granting
7    or denying the petition to expunge or seal within 60 days
8    of service of the order. If filed more than 60 days after
9    service of the order, a petition to vacate, modify, or
10    reconsider shall comply with subsection (c) of Section
11    2-1401 of the Code of Civil Procedure. Upon filing of a
12    motion to vacate, modify, or reconsider, notice of the
13    motion shall be served upon the petitioner and all parties
14    entitled to notice of the petition.
15        (13) Effect of Order. An order granting a petition
16    under the expungement or sealing provisions of this Section
17    shall not be considered void because it fails to comply
18    with the provisions of this Section or because of any error
19    asserted in a motion to vacate, modify, or reconsider. The
20    circuit court retains jurisdiction to determine whether
21    the order is voidable and to vacate, modify, or reconsider
22    its terms based on a motion filed under paragraph (12) of
23    this subsection (d).
24        (14) Compliance with Order Granting Petition to Seal
25    Records. Unless a court has entered a stay of an order
26    granting a petition to seal, all parties entitled to notice

 

 

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1    of the petition must fully comply with the terms of the
2    order within 60 days of service of the order even if a
3    party is seeking relief from the order through a motion
4    filed under paragraph (12) of this subsection (d) or is
5    appealing the order.
6        (15) Compliance with Order Granting Petition to
7    Expunge Records. While a party is seeking relief from the
8    order granting the petition to expunge through a motion
9    filed under paragraph (12) of this subsection (d) or is
10    appealing the order, and unless a court has entered a stay
11    of that order, the parties entitled to notice of the
12    petition must seal, but need not expunge, the records until
13    there is a final order on the motion for relief or, in the
14    case of an appeal, the issuance of that court's mandate.
15        (16) The changes to this subsection (d) made by Public
16    Act 98-163 apply to all petitions pending on August 5, 2013
17    (the effective date of Public Act 98-163) and to all orders
18    ruling on a petition to expunge or seal on or after August
19    5, 2013 (the effective date of Public Act 98-163).
20    (e) Whenever a person who has been convicted of an offense
21is granted a pardon by the Governor which specifically
22authorizes expungement, he or she may, upon verified petition
23to the Chief Judge of the circuit where the person had been
24convicted, any judge of the circuit designated by the Chief
25Judge, or in counties of less than 3,000,000 inhabitants, the
26presiding trial judge at the defendant's trial, have a court

 

 

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1order entered expunging the record of arrest from the official
2records of the arresting authority and order that the records
3of the circuit court clerk and the Department be sealed until
4further order of the court upon good cause shown or as
5otherwise provided herein, and the name of the defendant
6obliterated from the official index requested to be kept by the
7circuit court clerk under Section 16 of the Clerks of Courts
8Act in connection with the arrest and conviction for the
9offense for which he or she had been pardoned but the order
10shall not affect any index issued by the circuit court clerk
11before the entry of the order. All records sealed by the
12Department may be disseminated by the Department only to the
13arresting authority, the State's Attorney, and the court upon a
14later arrest for the same or similar offense or for the purpose
15of sentencing for any subsequent felony. Upon conviction for
16any subsequent offense, the Department of Corrections shall
17have access to all sealed records of the Department pertaining
18to that individual. Upon entry of the order of expungement, the
19circuit court clerk shall promptly mail a copy of the order to
20the person who was pardoned.
21    (e-5) Whenever a person who has been convicted of an
22offense is granted a certificate of eligibility for sealing by
23the Prisoner Review Board which specifically authorizes
24sealing, he or she may, upon verified petition to the Chief
25Judge of the circuit where the person had been convicted, any
26judge of the circuit designated by the Chief Judge, or in

 

 

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1counties of less than 3,000,000 inhabitants, the presiding
2trial judge at the petitioner's trial, have a court order
3entered sealing the record of arrest from the official records
4of the arresting authority and order that the records of the
5circuit court clerk and the Department be sealed until further
6order of the court upon good cause shown or as otherwise
7provided herein, and the name of the petitioner obliterated
8from the official index requested to be kept by the circuit
9court clerk under Section 16 of the Clerks of Courts Act in
10connection with the arrest and conviction for the offense for
11which he or she had been granted the certificate but the order
12shall not affect any index issued by the circuit court clerk
13before the entry of the order. All records sealed by the
14Department may be disseminated by the Department only as
15required by this Act or to the arresting authority, a law
16enforcement agency, the State's Attorney, and the court upon a
17later arrest for the same or similar offense or for the purpose
18of sentencing for any subsequent felony. Upon conviction for
19any subsequent offense, the Department of Corrections shall
20have access to all sealed records of the Department pertaining
21to that individual. Upon entry of the order of sealing, the
22circuit court clerk shall promptly mail a copy of the order to
23the person who was granted the certificate of eligibility for
24sealing.
25    (e-6) Whenever a person who has been convicted of an
26offense is granted a certificate of eligibility for expungement

 

 

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1by the Prisoner Review Board which specifically authorizes
2expungement, he or she may, upon verified petition to the Chief
3Judge of the circuit where the person had been convicted, any
4judge of the circuit designated by the Chief Judge, or in
5counties of less than 3,000,000 inhabitants, the presiding
6trial judge at the petitioner's trial, have a court order
7entered expunging the record of arrest from the official
8records of the arresting authority and order that the records
9of the circuit court clerk and the Department be sealed until
10further order of the court upon good cause shown or as
11otherwise provided herein, and the name of the petitioner
12obliterated from the official index requested to be kept by the
13circuit court clerk under Section 16 of the Clerks of Courts
14Act in connection with the arrest and conviction for the
15offense for which he or she had been granted the certificate
16but the order shall not affect any index issued by the circuit
17court clerk before the entry of the order. All records sealed
18by the Department may be disseminated by the Department only as
19required by this Act or to the arresting authority, a law
20enforcement agency, the State's Attorney, and the court upon a
21later arrest for the same or similar offense or for the purpose
22of sentencing for any subsequent felony. Upon conviction for
23any subsequent offense, the Department of Corrections shall
24have access to all expunged records of the Department
25pertaining to that individual. Upon entry of the order of
26expungement, the circuit court clerk shall promptly mail a copy

 

 

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1of the order to the person who was granted the certificate of
2eligibility for expungement.
3    (f) Subject to available funding, the Illinois Department
4of Corrections shall conduct a study of the impact of sealing,
5especially on employment and recidivism rates, utilizing a
6random sample of those who apply for the sealing of their
7criminal records under Public Act 93-211. At the request of the
8Illinois Department of Corrections, records of the Illinois
9Department of Employment Security shall be utilized as
10appropriate to assist in the study. The study shall not
11disclose any data in a manner that would allow the
12identification of any particular individual or employing unit.
13The study shall be made available to the General Assembly no
14later than September 1, 2010.
15    (g) Immediate Sealing.
16        (1) Applicability. Notwithstanding any other provision
17    of this Act to the contrary, and cumulative with any rights
18    to expungement or sealing of criminal records, this
19    subsection authorizes the immediate sealing of criminal
20    records of adults and of minors prosecuted as adults.
21        (2) Eligible Records. Arrests or charges not initiated
22    by arrest resulting in acquittal or dismissal with
23    prejudice, except as excluded by subsection (a)(3)(B),
24    that occur on or after January 1, 2018 (the effective date
25    of Public Act 100-282) this amendatory Act of the 100th
26    General Assembly, may be sealed immediately if the petition

 

 

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1    is filed with the circuit court clerk on the same day and
2    during the same hearing in which the case is disposed.
3        (3) When Records are Eligible to be Immediately Sealed.
4    Eligible records under paragraph (2) of this subsection (g)
5    may be sealed immediately after entry of the final
6    disposition of a case, notwithstanding the disposition of
7    other charges in the same case.
8        (4) Notice of Eligibility for Immediate Sealing. Upon
9    entry of a disposition for an eligible record under this
10    subsection (g), the defendant shall be informed by the
11    court of his or her right to have eligible records
12    immediately sealed and the procedure for the immediate
13    sealing of these records.
14        (5) Procedure. The following procedures apply to
15    immediate sealing under this subsection (g).
16            (A) Filing the Petition. Upon entry of the final
17        disposition of the case, the defendant's attorney may
18        immediately petition the court, on behalf of the
19        defendant, for immediate sealing of eligible records
20        under paragraph (2) of this subsection (g) that are
21        entered on or after January 1, 2018 (the effective date
22        of Public Act 100-282) this amendatory Act of the 100th
23        General Assembly. The immediate sealing petition may
24        be filed with the circuit court clerk during the
25        hearing in which the final disposition of the case is
26        entered. If the defendant's attorney does not file the

 

 

10000HB2367ham004- 37 -LRB100 09422 SLF 37703 a

1        petition for immediate sealing during the hearing, the
2        defendant may file a petition for sealing at any time
3        as authorized under subsection (c)(3)(A).
4            (B) Contents of Petition. The immediate sealing
5        petition shall be verified and shall contain the
6        petitioner's name, date of birth, current address, and
7        for each eligible record, the case number, the date of
8        arrest if applicable, the identity of the arresting
9        authority if applicable, and other information as the
10        court may require.
11            (C) Drug Test. The petitioner shall not be required
12        to attach proof that he or she has passed a drug test.
13            (D) Service of Petition. A copy of the petition
14        shall be served on the State's Attorney in open court.
15        The petitioner shall not be required to serve a copy of
16        the petition on any other agency.
17            (E) Entry of Order. The presiding trial judge shall
18        enter an order granting or denying the petition for
19        immediate sealing during the hearing in which it is
20        filed. Petitions for immediate sealing shall be ruled
21        on in the same hearing in which the final disposition
22        of the case is entered.
23            (F) Hearings. The court shall hear the petition for
24        immediate sealing on the same day and during the same
25        hearing in which the disposition is rendered.
26            (G) Service of Order. An order to immediately seal

 

 

10000HB2367ham004- 38 -LRB100 09422 SLF 37703 a

1        eligible records shall be served in conformance with
2        subsection (d)(8).
3            (H) Implementation of Order. An order to
4        immediately seal records shall be implemented in
5        conformance with subsections (d)(9)(C) and (d)(9)(D).
6            (I) Fees. The fee imposed by the circuit court
7        clerk and the Department of State Police shall comply
8        with paragraph (1) of subsection (d) of this Section.
9            (J) Final Order. No court order issued under this
10        subsection (g) shall become final for purposes of
11        appeal until 30 days after service of the order on the
12        petitioner and all parties entitled to service of the
13        order in conformance with subsection (d)(8).
14            (K) Motion to Vacate, Modify, or Reconsider. Under
15        Section 2-1203 of the Code of Civil Procedure, the
16        petitioner, State's Attorney, or the Department of
17        State Police may file a motion to vacate, modify, or
18        reconsider the order denying the petition to
19        immediately seal within 60 days of service of the
20        order. If filed more than 60 days after service of the
21        order, a petition to vacate, modify, or reconsider
22        shall comply with subsection (c) of Section 2-1401 of
23        the Code of Civil Procedure.
24            (L) Effect of Order. An order granting an immediate
25        sealing petition shall not be considered void because
26        it fails to comply with the provisions of this Section

 

 

10000HB2367ham004- 39 -LRB100 09422 SLF 37703 a

1        or because of an error asserted in a motion to vacate,
2        modify, or reconsider. The circuit court retains
3        jurisdiction to determine whether the order is
4        voidable, and to vacate, modify, or reconsider its
5        terms based on a motion filed under subparagraph (L) of
6        this subsection (g).
7            (M) Compliance with Order Granting Petition to
8        Seal Records. Unless a court has entered a stay of an
9        order granting a petition to immediately seal, all
10        parties entitled to service of the order must fully
11        comply with the terms of the order within 60 days of
12        service of the order.
13    (h) The Cannabis Expungement Fund is created as a special
14fund in the State treasury. The Department of Human Services
15shall, subject to appropriation by the General Assembly, use
16all moneys in the Cannabis Expungement Fund to provide grants
17to support communities within this State in socio-economic
18distress.
19(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
20eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
2199-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
221-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised
2310-13-17.)
 
24    Section 10. The State Finance Act is amended by adding
25Section 5.886 as follows:
 

 

 

10000HB2367ham004- 40 -LRB100 09422 SLF 37703 a

1    (30 ILCS 105/5.886 new)
2    Sec. 5.886. The Cannabis Expungement Fund.
 
3    Section 15. The Clerks of Courts Act is amended by changing
4Sections 27.1a, 27.2, and 27.2a as follows:
 
5    (705 ILCS 105/27.1a)  (from Ch. 25, par. 27.1a)
6    Sec. 27.1a. The fees of the clerks of the circuit court in
7all counties having a population of not more than 500,000
8inhabitants in the instances described in this Section shall be
9as provided in this Section. In those instances where a minimum
10and maximum fee is stated, the clerk of the circuit court must
11charge the minimum fee listed and may charge up to the maximum
12fee if the county board has by resolution increased the fee.
13The fees shall be paid in advance and shall be as follows:
14(a) Civil Cases.
15        With the following exceptions, the fee for filing a
16    complaint, petition, or other pleading initiating a civil
17    action shall be a minimum of $40 and shall be a maximum of
18    $160 through December 31, 2021 and a maximum of $154 on and
19    after January 1, 2022.
20            (A) When the amount of money or damages or the
21        value of personal property claimed does not exceed
22        $250, $10.
23            (B) When that amount exceeds $250 but does not

 

 

10000HB2367ham004- 41 -LRB100 09422 SLF 37703 a

1        exceed $500, a minimum of $10 and a maximum of $20.
2            (C) When that amount exceeds $500 but does not
3        exceed $2500, a minimum of $25 and a maximum of $40.
4            (D) When that amount exceeds $2500 but does not
5        exceed $15,000, a minimum of $25 and a maximum of $75.
6            (E) For the exercise of eminent domain, a minimum
7        of $45 and a maximum of $150. For each additional lot
8        or tract of land or right or interest therein subject
9        to be condemned, the damages in respect to which shall
10        require separate assessment by a jury, a minimum of $45
11        and a maximum of $150.
12(a-1) Family.
13        For filing a petition under the Juvenile Court Act of
14    1987, $25.
15        For filing a petition for a marriage license, $10.
16        For performing a marriage in court, $10.
17        For filing a petition under the Illinois Parentage Act
18    of 2015, $40.
19(b) Eviction.
20        In each eviction case when the plaintiff seeks eviction
21    only or unites with his or her claim for eviction a claim
22    for rent or damages or both in the amount of $15,000 or
23    less, a minimum of $10 and a maximum of $50. When the
24    plaintiff unites his or her claim for eviction with a claim
25    for rent or damages or both exceeding $15,000, a minimum of
26    $40 and a maximum of $160.

 

 

10000HB2367ham004- 42 -LRB100 09422 SLF 37703 a

1(c) Counterclaim or Joining Third Party Defendant.
2        When any defendant files a counterclaim as part of his
3    or her answer or otherwise or joins another party as a
4    third party defendant, or both, the defendant shall pay a
5    fee for each counterclaim or third party action in an
6    amount equal to the fee he or she would have had to pay had
7    he or she brought a separate action for the relief sought
8    in the counterclaim or against the third party defendant,
9    less the amount of the appearance fee, if that has been
10    paid.
11(d) Confession of Judgment.
12        In a confession of judgment when the amount does not
13    exceed $1500, a minimum of $20 and a maximum of $50. When
14    the amount exceeds $1500, but does not exceed $15,000, a
15    minimum of $40 and a maximum of $115. When the amount
16    exceeds $15,000, a minimum of $40 and a maximum of $200.
17(e) Appearance.
18        The fee for filing an appearance in each civil case
19    shall be a minimum of $15 and a maximum of $60, except as
20    follows:
21            (A) When the plaintiff in an eviction case seeks
22        eviction only, a minimum of $10 and a maximum of $50.
23            (B) When the amount in the case does not exceed
24        $1500, a minimum of $10 and a maximum of $30.
25            (C) When that amount exceeds $1500 but does not
26        exceed $15,000, a minimum of $15 and a maximum of $60.

 

 

10000HB2367ham004- 43 -LRB100 09422 SLF 37703 a

1(f) Garnishment, Wage Deduction, and Citation.
2        In garnishment affidavit, wage deduction affidavit,
3    and citation petition when the amount does not exceed
4    $1,000, a minimum of $5 and a maximum of $15; when the
5    amount exceeds $1,000 but does not exceed $5,000, a minimum
6    of $5 and a maximum of $30; and when the amount exceeds
7    $5,000, a minimum of $5 and a maximum of $50.
8(g) Petition to Vacate or Modify.
9        (1) Petition to vacate or modify any final judgment or
10    order of court, except in eviction cases and small claims
11    cases or a petition to reopen an estate, to modify,
12    terminate, or enforce a judgment or order for child or
13    spousal support, or to modify, suspend, or terminate an
14    order for withholding, if filed before 30 days after the
15    entry of the judgment or order, a minimum of $20 and a
16    maximum of $50.
17        (2) Petition to vacate or modify any final judgment or
18    order of court, except a petition to modify, terminate, or
19    enforce a judgment or order for child or spousal support or
20    to modify, suspend, or terminate an order for withholding,
21    if filed later than 30 days after the entry of the judgment
22    or order, a minimum of $20 and a maximum of $75.
23        (3) Petition to vacate order of bond forfeiture, a
24    minimum of $10 and a maximum of $40.
25(h) Mailing.
26        When the clerk is required to mail, the fee will be a

 

 

10000HB2367ham004- 44 -LRB100 09422 SLF 37703 a

1    minimum of $2 and a maximum of $10, plus the cost of
2    postage.
3(i) Certified Copies.
4        Each certified copy of a judgment after the first,
5    except in small claims and eviction cases, a minimum of $2
6    and a maximum of $10.
7(j) Habeas Corpus.
8        For filing a petition for relief by habeas corpus, a
9    minimum of $60 and a maximum of $100.
10(k) Certification, Authentication, and Reproduction.
11        (1) Each certification or authentication for taking
12    the acknowledgment of a deed or other instrument in writing
13    with the seal of office, a minimum of $2 and a maximum of
14    $6.
15        (2) Court appeals when original documents are
16    forwarded, under 100 pages, plus delivery and costs, a
17    minimum of $20 and a maximum of $60.
18        (3) Court appeals when original documents are
19    forwarded, over 100 pages, plus delivery and costs, a
20    minimum of $50 and a maximum of $150.
21        (4) Court appeals when original documents are
22    forwarded, over 200 pages, an additional fee of a minimum
23    of 20 cents and a maximum of 25 cents per page.
24        (5) For reproduction of any document contained in the
25    clerk's files:
26            (A) First page, a minimum of $1 and a maximum of

 

 

10000HB2367ham004- 45 -LRB100 09422 SLF 37703 a

1        $2.
2            (B) Next 19 pages, 50 cents per page.
3            (C) All remaining pages, 25 cents per page.
4(l) Remands.
5        In any cases remanded to the Circuit Court from the
6    Supreme Court or the Appellate Court for a new trial, the
7    clerk shall file the remanding order and reinstate the case
8    with either its original number or a new number. The Clerk
9    shall not charge any new or additional fee for the
10    reinstatement. Upon reinstatement the Clerk shall advise
11    the parties of the reinstatement. A party shall have the
12    same right to a jury trial on remand and reinstatement as
13    he or she had before the appeal, and no additional or new
14    fee or charge shall be made for a jury trial after remand.
15(m) Record Search.
16        For each record search, within a division or municipal
17    district, the clerk shall be entitled to a search fee of a
18    minimum of $4 and a maximum of $6 for each year searched.
19(n) Hard Copy.
20        For each page of hard copy print output, when case
21    records are maintained on an automated medium, the clerk
22    shall be entitled to a fee of a minimum of $4 and a maximum
23    of $6.
24(o) Index Inquiry and Other Records.
25        No fee shall be charged for a single
26    plaintiff/defendant index inquiry or single case record

 

 

10000HB2367ham004- 46 -LRB100 09422 SLF 37703 a

1    inquiry when this request is made in person and the records
2    are maintained in a current automated medium, and when no
3    hard copy print output is requested. The fees to be charged
4    for management records, multiple case records, and
5    multiple journal records may be specified by the Chief
6    Judge pursuant to the guidelines for access and
7    dissemination of information approved by the Supreme
8    Court.
9(p) (Blank).
10(q) Alias Summons.
11        For each alias summons or citation issued by the clerk,
12    a minimum of $2 and a maximum of $5.
13(r) Other Fees.
14        Any fees not covered in this Section shall be set by
15    rule or administrative order of the Circuit Court with the
16    approval of the Administrative Office of the Illinois
17    Courts.
18        The clerk of the circuit court may provide additional
19    services for which there is no fee specified by statute in
20    connection with the operation of the clerk's office as may
21    be requested by the public and agreed to by the clerk and
22    approved by the chief judge of the circuit court. Any
23    charges for additional services shall be as agreed to
24    between the clerk and the party making the request and
25    approved by the chief judge of the circuit court. Nothing
26    in this subsection shall be construed to require any clerk

 

 

10000HB2367ham004- 47 -LRB100 09422 SLF 37703 a

1    to provide any service not otherwise required by law.
2(s) Jury Services.
3        The clerk shall be entitled to receive, in addition to
4    other fees allowed by law, the sum of a minimum of $62.50
5    and a maximum of $212.50, as a fee for the services of a
6    jury in every civil action not quasi-criminal in its nature
7    and not a proceeding for the exercise of the right of
8    eminent domain and in every other action wherein the right
9    of trial by jury is or may be given by law. The jury fee
10    shall be paid by the party demanding a jury at the time of
11    filing the jury demand. If the fee is not paid by either
12    party, no jury shall be called in the action or proceeding,
13    and the same shall be tried by the court without a jury.
14(t) Voluntary Assignment.
15        For filing each deed of voluntary assignment, a minimum
16    of $10 and a maximum of $20; for recording the same, a
17    minimum of 25 cents and a maximum of 50 cents for each 100
18    words. Exceptions filed to claims presented to an assignee
19    of a debtor who has made a voluntary assignment for the
20    benefit of creditors shall be considered and treated, for
21    the purpose of taxing costs therein, as actions in which
22    the party or parties filing the exceptions shall be
23    considered as party or parties plaintiff, and the claimant
24    or claimants as party or parties defendant, and those
25    parties respectively shall pay to the clerk the same fees
26    as provided by this Section to be paid in other actions.

 

 

10000HB2367ham004- 48 -LRB100 09422 SLF 37703 a

1(u) Expungement Petition.
2        The clerk shall be entitled to receive a fee of a
3    minimum of $15 and a maximum of $60 for each expungement
4    petition filed and an additional fee of a minimum of $2 and
5    a maximum of $4 for each certified copy of an order to
6    expunge arrest records. In addition to the filing fee, the
7    clerk shall collect $250 for each expungement petition
8    filed under paragraph (1.3) of subsection (b) of the
9    Criminal Identification Act which shall be transmitted to
10    the State Treasurer for deposit into the Cannabis
11    Expungement Fund.
12(v) Probate.
13        The clerk is entitled to receive the fees specified in
14    this subsection (v), which shall be paid in advance, except
15    that, for good cause shown, the court may suspend, reduce,
16    or release the costs payable under this subsection:
17        (1) For administration of the estate of a decedent
18    (whether testate or intestate) or of a missing person, a
19    minimum of $50 and a maximum of $150, plus the fees
20    specified in subsection (v)(3), except:
21            (A) When the value of the real and personal
22        property does not exceed $15,000, the fee shall be a
23        minimum of $25 and a maximum of $40.
24            (B) When (i) proof of heirship alone is made, (ii)
25        a domestic or foreign will is admitted to probate
26        without administration (including proof of heirship),

 

 

10000HB2367ham004- 49 -LRB100 09422 SLF 37703 a

1        or (iii) letters of office are issued for a particular
2        purpose without administration of the estate, the fee
3        shall be a minimum of $10 and a maximum of $40.
4            (C) For filing a petition to sell Real Estate, $50.
5        (2) For administration of the estate of a ward, a
6    minimum of $50 and a maximum of $75, plus the fees
7    specified in subsection (v)(3), except:
8            (A) When the value of the real and personal
9        property does not exceed $15,000, the fee shall be a
10        minimum of $25 and a maximum of $40.
11            (B) When (i) letters of office are issued to a
12        guardian of the person or persons, but not of the
13        estate or (ii) letters of office are issued in the
14        estate of a ward without administration of the estate,
15        including filing or joining in the filing of a tax
16        return or releasing a mortgage or consenting to the
17        marriage of the ward, the fee shall be a minimum of $10
18        and a maximum of $20.
19            (C) For filing a Petition to sell Real Estate, $50.
20        (3) In addition to the fees payable under subsection
21    (v)(1) or (v)(2) of this Section, the following fees are
22    payable:
23            (A) For each account (other than one final account)
24        filed in the estate of a decedent, or ward, a minimum
25        of $10 and a maximum of $25.
26            (B) For filing a claim in an estate when the amount

 

 

10000HB2367ham004- 50 -LRB100 09422 SLF 37703 a

1        claimed is $150 or more but less than $500, a minimum
2        of $10 and a maximum of $25; when the amount claimed is
3        $500 or more but less than $10,000, a minimum of $10
4        and a maximum of $40; when the amount claimed is
5        $10,000 or more, a minimum of $10 and a maximum of $60;
6        provided that the court in allowing a claim may add to
7        the amount allowed the filing fee paid by the claimant.
8            (C) For filing in an estate a claim, petition, or
9        supplemental proceeding based upon an action seeking
10        equitable relief including the construction or contest
11        of a will, enforcement of a contract to make a will,
12        and proceedings involving testamentary trusts or the
13        appointment of testamentary trustees, a minimum of $40
14        and a maximum of $60.
15            (D) For filing in an estate (i) the appearance of
16        any person for the purpose of consent or (ii) the
17        appearance of an executor, administrator,
18        administrator to collect, guardian, guardian ad litem,
19        or special administrator, no fee.
20            (E) Except as provided in subsection (v)(3)(D),
21        for filing the appearance of any person or persons, a
22        minimum of $10 and a maximum of $30.
23            (F) For each jury demand, a minimum of $62.50 and a
24        maximum of $137.50.
25            (G) For disposition of the collection of a judgment
26        or settlement of an action or claim for wrongful death

 

 

10000HB2367ham004- 51 -LRB100 09422 SLF 37703 a

1        of a decedent or of any cause of action of a ward, when
2        there is no other administration of the estate, a
3        minimum of $30 and a maximum of $50, less any amount
4        paid under subsection (v)(1)(B) or (v)(2)(B) except
5        that if the amount involved does not exceed $5,000, the
6        fee, including any amount paid under subsection
7        (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
8        maximum of $20.
9            (H) For each certified copy of letters of office,
10        of court order or other certification, a minimum of $1
11        and a maximum of $2, plus a minimum of 50 cents and a
12        maximum of $1 per page in excess of 3 pages for the
13        document certified.
14            (I) For each exemplification, a minimum of $1 and a
15        maximum of $2, plus the fee for certification.
16        (4) The executor, administrator, guardian, petitioner,
17    or other interested person or his or her attorney shall pay
18    the cost of publication by the clerk directly to the
19    newspaper.
20        (5) The person on whose behalf a charge is incurred for
21    witness, court reporter, appraiser, or other miscellaneous
22    fee shall pay the same directly to the person entitled
23    thereto.
24        (6) The executor, administrator, guardian, petitioner,
25    or other interested person or his or her attorney shall pay
26    to the clerk all postage charges incurred by the clerk in

 

 

10000HB2367ham004- 52 -LRB100 09422 SLF 37703 a

1    mailing petitions, orders, notices, or other documents
2    pursuant to the provisions of the Probate Act of 1975.
3(w) Criminal and Quasi-Criminal Costs and Fees.
4        (1) The clerk shall be entitled to costs in all
5    criminal and quasi-criminal cases from each person
6    convicted or sentenced to supervision therein as follows:
7            (A) Felony complaints, a minimum of $40 and a
8        maximum of $100.
9            (B) Misdemeanor complaints, a minimum of $25 and a
10        maximum of $75.
11            (C) Business offense complaints, a minimum of $25
12        and a maximum of $75.
13            (D) Petty offense complaints, a minimum of $25 and
14        a maximum of $75.
15            (E) Minor traffic or ordinance violations, $10.
16            (F) When court appearance required, $15.
17            (G) Motions to vacate or amend final orders, a
18        minimum of $20 and a maximum of $40.
19            (H) Motions to vacate bond forfeiture orders, a
20        minimum of $20 and a maximum of $40.
21            (I) Motions to vacate ex parte judgments, whenever
22        filed, a minimum of $20 and a maximum of $40.
23            (J) Motions to vacate judgment on forfeitures,
24        whenever filed, a minimum of $20 and a maximum of $40.
25            (K) Motions to vacate "failure to appear" or
26        "failure to comply" notices sent to the Secretary of

 

 

10000HB2367ham004- 53 -LRB100 09422 SLF 37703 a

1        State, a minimum of $20 and a maximum of $40.
2        (2) In counties having a population of not more than
3    500,000 inhabitants, when the violation complaint is
4    issued by a municipal police department, the clerk shall be
5    entitled to costs from each person convicted therein as
6    follows:
7            (A) Minor traffic or ordinance violations, $10.
8            (B) When court appearance required, $15.
9        (3) In ordinance violation cases punishable by fine
10    only, the clerk of the circuit court shall be entitled to
11    receive, unless the fee is excused upon a finding by the
12    court that the defendant is indigent, in addition to other
13    fees or costs allowed or imposed by law, the sum of a
14    minimum of $62.50 and a maximum of $137.50 as a fee for the
15    services of a jury. The jury fee shall be paid by the
16    defendant at the time of filing his or her jury demand. If
17    the fee is not so paid by the defendant, no jury shall be
18    called, and the case shall be tried by the court without a
19    jury.
20(x) Transcripts of Judgment.
21        For the filing of a transcript of judgment, the clerk
22    shall be entitled to the same fee as if it were the
23    commencement of a new suit.
24(y) Change of Venue.
25        (1) For the filing of a change of case on a change of
26    venue, the clerk shall be entitled to the same fee as if it

 

 

10000HB2367ham004- 54 -LRB100 09422 SLF 37703 a

1    were the commencement of a new suit.
2        (2) The fee for the preparation and certification of a
3    record on a change of venue to another jurisdiction, when
4    original documents are forwarded, a minimum of $10 and a
5    maximum of $40.
6(z) Tax objection complaints.
7        For each tax objection complaint containing one or more
8    tax objections, regardless of the number of parcels
9    involved or the number of taxpayers joining on the
10    complaint, a minimum of $10 and a maximum of $50.
11(aa) Tax Deeds.
12        (1) Petition for tax deed, if only one parcel is
13    involved, a minimum of $45 and a maximum of $200.
14        (2) For each additional parcel, add a fee of a minimum
15    of $10 and a maximum of $60.
16(bb) Collections.
17        (1) For all collections made of others, except the
18    State and county and except in maintenance or child support
19    cases, a sum equal to a minimum of 2% and a maximum of 2.5%
20    of the amount collected and turned over.
21        (2) Interest earned on any funds held by the clerk
22    shall be turned over to the county general fund as an
23    earning of the office.
24        (3) For any check, draft, or other bank instrument
25    returned to the clerk for non-sufficient funds, account
26    closed, or payment stopped, $25.

 

 

10000HB2367ham004- 55 -LRB100 09422 SLF 37703 a

1        (4) In child support and maintenance cases, the clerk,
2    if authorized by an ordinance of the county board, may
3    collect an annual fee of up to $36 from the person making
4    payment for maintaining child support records and the
5    processing of support orders to the State of Illinois KIDS
6    system and the recording of payments issued by the State
7    Disbursement Unit for the official record of the Court.
8    This fee shall be in addition to and separate from amounts
9    ordered to be paid as maintenance or child support and
10    shall be deposited into a Separate Maintenance and Child
11    Support Collection Fund, of which the clerk shall be the
12    custodian, ex-officio, to be used by the clerk to maintain
13    child support orders and record all payments issued by the
14    State Disbursement Unit for the official record of the
15    Court. The clerk may recover from the person making the
16    maintenance or child support payment any additional cost
17    incurred in the collection of this annual fee.
18        The clerk shall also be entitled to a fee of $5 for
19    certifications made to the Secretary of State as provided
20    in Section 7-703 of the Family Financial Responsibility Law
21    and these fees shall also be deposited into the Separate
22    Maintenance and Child Support Collection Fund.
23(cc) Corrections of Numbers.
24        For correction of the case number, case title, or
25    attorney computer identification number, if required by
26    rule of court, on any document filed in the clerk's office,

 

 

10000HB2367ham004- 56 -LRB100 09422 SLF 37703 a

1    to be charged against the party that filed the document, a
2    minimum of $10 and a maximum of $25.
3(dd) Exceptions.
4        (1) The fee requirements of this Section shall not
5    apply to police departments or other law enforcement
6    agencies. In this Section, "law enforcement agency" means
7    an agency of the State or a unit of local government which
8    is vested by law or ordinance with the duty to maintain
9    public order and to enforce criminal laws or ordinances.
10    "Law enforcement agency" also means the Attorney General or
11    any state's attorney.
12        (2) No fee provided herein shall be charged to any unit
13    of local government or school district.
14        (3) The fee requirements of this Section shall not
15    apply to any action instituted under subsection (b) of
16    Section 11-31-1 of the Illinois Municipal Code by a private
17    owner or tenant of real property within 1200 feet of a
18    dangerous or unsafe building seeking an order compelling
19    the owner or owners of the building to take any of the
20    actions authorized under that subsection.
21        (4) The fee requirements of this Section shall not
22    apply to the filing of any commitment petition or petition
23    for an order authorizing the administration of
24    psychotropic medication or electroconvulsive therapy under
25    the Mental Health and Developmental Disabilities Code.
26(ee) Adoptions.

 

 

10000HB2367ham004- 57 -LRB100 09422 SLF 37703 a

1        (1) For an adoption...............................$65
2        (2) Upon good cause shown, the court may waive the
3    adoption filing fee in a special needs adoption. The term
4    "special needs adoption" shall have the meaning ascribed to
5    it by the Illinois Department of Children and Family
6    Services.
7(ff) Adoption exemptions.
8        No fee other than that set forth in subsection (ee)
9    shall be charged to any person in connection with an
10    adoption proceeding nor may any fee be charged for
11    proceedings for the appointment of a confidential
12    intermediary under the Adoption Act.
13(Source: P.A. 99-85, eff. 1-1-16; 99-859, eff. 8-19-16;
14100-173, eff. 1-1-18.)
 
15    (705 ILCS 105/27.2)  (from Ch. 25, par. 27.2)
16    Sec. 27.2. The fees of the clerks of the circuit court in
17all counties having a population in excess of 500,000
18inhabitants but less than 3,000,000 inhabitants in the
19instances described in this Section shall be as provided in
20this Section. In those instances where a minimum and maximum
21fee is stated, counties with more than 500,000 inhabitants but
22less than 3,000,000 inhabitants must charge the minimum fee
23listed in this Section and may charge up to the maximum fee if
24the county board has by resolution increased the fee. In
25addition, the minimum fees authorized in this Section shall

 

 

10000HB2367ham004- 58 -LRB100 09422 SLF 37703 a

1apply to all units of local government and school districts in
2counties with more than 3,000,000 inhabitants. The fees shall
3be paid in advance and shall be as follows:
4(a) Civil Cases.
5        With the following exceptions, the fee for filing a
6    complaint, petition, or other pleading initiating a civil
7    action shall be a minimum of $150 and shall be a maximum of
8    $190 through December 31, 2021 and a maximum of $184 on and
9    after January 1, 2022.
10            (A) When the amount of money or damages or the
11        value of personal property claimed does not exceed
12        $250, a minimum of $10 and a maximum of $15.
13            (B) When that amount exceeds $250 but does not
14        exceed $1,000, a minimum of $20 and a maximum of $40.
15            (C) When that amount exceeds $1,000 but does not
16        exceed $2500, a minimum of $30 and a maximum of $50.
17            (D) When that amount exceeds $2500 but does not
18        exceed $5,000, a minimum of $75 and a maximum of $100.
19            (D-5) When the amount exceeds $5,000 but does not
20        exceed $15,000, a minimum of $75 and a maximum of $150.
21            (E) For the exercise of eminent domain, $150. For
22        each additional lot or tract of land or right or
23        interest therein subject to be condemned, the damages
24        in respect to which shall require separate assessment
25        by a jury, $150.
26            (F) No fees shall be charged by the clerk to a

 

 

10000HB2367ham004- 59 -LRB100 09422 SLF 37703 a

1        petitioner in any order of protection including, but
2        not limited to, filing, modifying, withdrawing,
3        certifying, or photocopying petitions for orders of
4        protection, or for issuing alias summons, or for any
5        related filing service, certifying, modifying,
6        vacating, or photocopying any orders of protection.
7(b) Eviction.
8        In each eviction case when the plaintiff seeks eviction
9    only or unites with his or her claim for eviction a claim
10    for rent or damages or both in the amount of $15,000 or
11    less, a minimum of $40 and a maximum of $75. When the
12    plaintiff unites his or her claim for eviction with a claim
13    for rent or damages or both exceeding $15,000, a minimum of
14    $150 and a maximum of $225.
15(c) Counterclaim or Joining Third Party Defendant.
16        When any defendant files a counterclaim as part of his
17    or her answer or otherwise or joins another party as a
18    third party defendant, or both, the defendant shall pay a
19    fee for each counterclaim or third party action in an
20    amount equal to the fee he or she would have had to pay had
21    he or she brought a separate action for the relief sought
22    in the counterclaim or against the third party defendant,
23    less the amount of the appearance fee, if that has been
24    paid.
25(d) Confession of Judgment.
26        In a confession of judgment when the amount does not

 

 

10000HB2367ham004- 60 -LRB100 09422 SLF 37703 a

1    exceed $1500, a minimum of $50 and a maximum of $60. When
2    the amount exceeds $1500, but does not exceed $5,000, $75.
3    When the amount exceeds $5,000, but does not exceed
4    $15,000, $175. When the amount exceeds $15,000, a minimum
5    of $200 and a maximum of $250.
6(e) Appearance.
7        The fee for filing an appearance in each civil case
8    shall be a minimum of $50 and a maximum of $75, except as
9    follows:
10            (A) When the plaintiff in an eviction case seeks
11        eviction only, a minimum of $20 and a maximum of $40.
12            (B) When the amount in the case does not exceed
13        $1500, a minimum of $20 and a maximum of $40.
14            (C) When the amount in the case exceeds $1500 but
15        does not exceed $15,000, a minimum of $40 and a maximum
16        of $60.
17(f) Garnishment, Wage Deduction, and Citation.
18        In garnishment affidavit, wage deduction affidavit,
19    and citation petition when the amount does not exceed
20    $1,000, a minimum of $10 and a maximum of $15; when the
21    amount exceeds $1,000 but does not exceed $5,000, a minimum
22    of $20 and a maximum of $30; and when the amount exceeds
23    $5,000, a minimum of $30 and a maximum of $50.
24(g) Petition to Vacate or Modify.
25        (1) Petition to vacate or modify any final judgment or
26    order of court, except in eviction cases and small claims

 

 

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1    cases or a petition to reopen an estate, to modify,
2    terminate, or enforce a judgment or order for child or
3    spousal support, or to modify, suspend, or terminate an
4    order for withholding, if filed before 30 days after the
5    entry of the judgment or order, a minimum of $40 and a
6    maximum of $50.
7        (2) Petition to vacate or modify any final judgment or
8    order of court, except a petition to modify, terminate, or
9    enforce a judgment or order for child or spousal support or
10    to modify, suspend, or terminate an order for withholding,
11    if filed later than 30 days after the entry of the judgment
12    or order, a minimum of $60 and a maximum of $75.
13        (3) Petition to vacate order of bond forfeiture, a
14    minimum of $20 and a maximum of $40.
15(h) Mailing.
16        When the clerk is required to mail, the fee will be a
17    minimum of $6 and a maximum of $10, plus the cost of
18    postage.
19(i) Certified Copies.
20        Each certified copy of a judgment after the first,
21    except in small claims and eviction cases, a minimum of $10
22    and a maximum of $15.
23(j) Habeas Corpus.
24        For filing a petition for relief by habeas corpus, a
25    minimum of $80 and a maximum of $125.
26(k) Certification, Authentication, and Reproduction.

 

 

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1        (1) Each certification or authentication for taking
2    the acknowledgment of a deed or other instrument in writing
3    with the seal of office, a minimum of $4 and a maximum of
4    $6.
5        (2) Court appeals when original documents are
6    forwarded, under 100 pages, plus delivery and costs, a
7    minimum of $50 and a maximum of $75.
8        (3) Court appeals when original documents are
9    forwarded, over 100 pages, plus delivery and costs, a
10    minimum of $120 and a maximum of $150.
11        (4) Court appeals when original documents are
12    forwarded, over 200 pages, an additional fee of a minimum
13    of 20 and a maximum of 25 cents per page.
14        (5) For reproduction of any document contained in the
15    clerk's files:
16            (A) First page, $2.
17            (B) Next 19 pages, 50 cents per page.
18            (C) All remaining pages, 25 cents per page.
19(l) Remands.
20        In any cases remanded to the Circuit Court from the
21    Supreme Court or the Appellate Court for a new trial, the
22    clerk shall file the remanding order and reinstate the case
23    with either its original number or a new number. The Clerk
24    shall not charge any new or additional fee for the
25    reinstatement. Upon reinstatement the Clerk shall advise
26    the parties of the reinstatement. A party shall have the

 

 

10000HB2367ham004- 63 -LRB100 09422 SLF 37703 a

1    same right to a jury trial on remand and reinstatement as
2    he or she had before the appeal, and no additional or new
3    fee or charge shall be made for a jury trial after remand.
4(m) Record Search.
5        For each record search, within a division or municipal
6    district, the clerk shall be entitled to a search fee of a
7    minimum of $4 and a maximum of $6 for each year searched.
8(n) Hard Copy.
9        For each page of hard copy print output, when case
10    records are maintained on an automated medium, the clerk
11    shall be entitled to a fee of a minimum of $4 and a maximum
12    of $6.
13(o) Index Inquiry and Other Records.
14        No fee shall be charged for a single
15    plaintiff/defendant index inquiry or single case record
16    inquiry when this request is made in person and the records
17    are maintained in a current automated medium, and when no
18    hard copy print output is requested. The fees to be charged
19    for management records, multiple case records, and
20    multiple journal records may be specified by the Chief
21    Judge pursuant to the guidelines for access and
22    dissemination of information approved by the Supreme
23    Court.
24(p) (Blank).
25(q) Alias Summons.
26        For each alias summons or citation issued by the clerk,

 

 

10000HB2367ham004- 64 -LRB100 09422 SLF 37703 a

1    a minimum of $4 and a maximum of $5.
2(r) Other Fees.
3        Any fees not covered in this Section shall be set by
4    rule or administrative order of the Circuit Court with the
5    approval of the Administrative Office of the Illinois
6    Courts.
7        The clerk of the circuit court may provide additional
8    services for which there is no fee specified by statute in
9    connection with the operation of the clerk's office as may
10    be requested by the public and agreed to by the clerk and
11    approved by the chief judge of the circuit court. Any
12    charges for additional services shall be as agreed to
13    between the clerk and the party making the request and
14    approved by the chief judge of the circuit court. Nothing
15    in this subsection shall be construed to require any clerk
16    to provide any service not otherwise required by law.
17(s) Jury Services.
18        The clerk shall be entitled to receive, in addition to
19    other fees allowed by law, the sum of a minimum of $192.50
20    and a maximum of $212.50, as a fee for the services of a
21    jury in every civil action not quasi-criminal in its nature
22    and not a proceeding for the exercise of the right of
23    eminent domain and in every other action wherein the right
24    of trial by jury is or may be given by law. The jury fee
25    shall be paid by the party demanding a jury at the time of
26    filing the jury demand. If the fee is not paid by either

 

 

10000HB2367ham004- 65 -LRB100 09422 SLF 37703 a

1    party, no jury shall be called in the action or proceeding,
2    and the same shall be tried by the court without a jury.
3(t) Voluntary Assignment.
4        For filing each deed of voluntary assignment, a minimum
5    of $10 and a maximum of $20; for recording the same, a
6    minimum of 25 and a maximum of 50 for each 100 words.
7    Exceptions filed to claims presented to an assignee of a
8    debtor who has made a voluntary assignment for the benefit
9    of creditors shall be considered and treated, for the
10    purpose of taxing costs therein, as actions in which the
11    party or parties filing the exceptions shall be considered
12    as party or parties plaintiff, and the claimant or
13    claimants as party or parties defendant, and those parties
14    respectively shall pay to the clerk the same fees as
15    provided by this Section to be paid in other actions.
16(u) Expungement Petition.
17        The clerk shall be entitled to receive a fee of a
18    minimum of $30 and a maximum of $60 for each expungement
19    petition filed and an additional fee of a minimum of $2 and
20    a maximum of $4 for each certified copy of an order to
21    expunge arrest records. In addition to the filing fee, the
22    clerk shall collect $250 for each expungement petition
23    filed under paragraph (1.3) of subsection (b) of the
24    Criminal Identification Act which shall be transmitted to
25    the State Treasurer for deposit into the Cannabis
26    Expungement Fund.

 

 

10000HB2367ham004- 66 -LRB100 09422 SLF 37703 a

1(v) Probate.
2        The clerk is entitled to receive the fees specified in
3    this subsection (v), which shall be paid in advance, except
4    that, for good cause shown, the court may suspend, reduce,
5    or release the costs payable under this subsection:
6        (1) For administration of the estate of a decedent
7    (whether testate or intestate) or of a missing person, a
8    minimum of $100 and a maximum of $150, plus the fees
9    specified in subsection (v)(3), except:
10            (A) When the value of the real and personal
11        property does not exceed $15,000, the fee shall be a
12        minimum of $25 and a maximum of $40.
13            (B) When (i) proof of heirship alone is made, (ii)
14        a domestic or foreign will is admitted to probate
15        without administration (including proof of heirship),
16        or (iii) letters of office are issued for a particular
17        purpose without administration of the estate, the fee
18        shall be a minimum of $25 and a maximum of $40.
19        (2) For administration of the estate of a ward, a
20    minimum of $50 and a maximum of $75, plus the fees
21    specified in subsection (v)(3), except:
22            (A) When the value of the real and personal
23        property does not exceed $15,000, the fee shall be a
24        minimum of $25 and a maximum of $40.
25            (B) When (i) letters of office are issued to a
26        guardian of the person or persons, but not of the

 

 

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1        estate or (ii) letters of office are issued in the
2        estate of a ward without administration of the estate,
3        including filing or joining in the filing of a tax
4        return or releasing a mortgage or consenting to the
5        marriage of the ward, the fee shall be a minimum of $10
6        and a maximum of $20.
7        (3) In addition to the fees payable under subsection
8    (v)(1) or (v)(2) of this Section, the following fees are
9    payable:
10            (A) For each account (other than one final account)
11        filed in the estate of a decedent, or ward, a minimum
12        of $15 and a maximum of $25.
13            (B) For filing a claim in an estate when the amount
14        claimed is $150 or more but less than $500, a minimum
15        of $10 and a maximum of $20; when the amount claimed is
16        $500 or more but less than $10,000, a minimum of $25
17        and a maximum of $40; when the amount claimed is
18        $10,000 or more, a minimum of $40 and a maximum of $60;
19        provided that the court in allowing a claim may add to
20        the amount allowed the filing fee paid by the claimant.
21            (C) For filing in an estate a claim, petition, or
22        supplemental proceeding based upon an action seeking
23        equitable relief including the construction or contest
24        of a will, enforcement of a contract to make a will,
25        and proceedings involving testamentary trusts or the
26        appointment of testamentary trustees, a minimum of $40

 

 

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1        and a maximum of $60.
2            (D) For filing in an estate (i) the appearance of
3        any person for the purpose of consent or (ii) the
4        appearance of an executor, administrator,
5        administrator to collect, guardian, guardian ad litem,
6        or special administrator, no fee.
7            (E) Except as provided in subsection (v)(3)(D),
8        for filing the appearance of any person or persons, a
9        minimum of $10 and a maximum of $30.
10            (F) For each jury demand, a minimum of $102.50 and
11        a maximum of $137.50.
12            (G) For disposition of the collection of a judgment
13        or settlement of an action or claim for wrongful death
14        of a decedent or of any cause of action of a ward, when
15        there is no other administration of the estate, a
16        minimum of $30 and a maximum of $50, less any amount
17        paid under subsection (v)(1)(B) or (v)(2)(B) except
18        that if the amount involved does not exceed $5,000, the
19        fee, including any amount paid under subsection
20        (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
21        maximum of $20.
22            (H) For each certified copy of letters of office,
23        of court order or other certification, a minimum of $1
24        and a maximum of $2, plus a minimum of 50 and a
25        maximum of $1 per page in excess of 3 pages for the
26        document certified.

 

 

10000HB2367ham004- 69 -LRB100 09422 SLF 37703 a

1            (I) For each exemplification, a minimum of $1 and a
2        maximum of $2, plus the fee for certification.
3        (4) The executor, administrator, guardian, petitioner,
4    or other interested person or his or her attorney shall pay
5    the cost of publication by the clerk directly to the
6    newspaper.
7        (5) The person on whose behalf a charge is incurred for
8    witness, court reporter, appraiser, or other miscellaneous
9    fee shall pay the same directly to the person entitled
10    thereto.
11        (6) The executor, administrator, guardian, petitioner,
12    or other interested person or his attorney shall pay to the
13    clerk all postage charges incurred by the clerk in mailing
14    petitions, orders, notices, or other documents pursuant to
15    the provisions of the Probate Act of 1975.
16(w) Criminal and Quasi-Criminal Costs and Fees.
17        (1) The clerk shall be entitled to costs in all
18    criminal and quasi-criminal cases from each person
19    convicted or sentenced to supervision therein as follows:
20            (A) Felony complaints, a minimum of $80 and a
21        maximum of $125.
22            (B) Misdemeanor complaints, a minimum of $50 and a
23        maximum of $75.
24            (C) Business offense complaints, a minimum of $50
25        and a maximum of $75.
26            (D) Petty offense complaints, a minimum of $50 and

 

 

10000HB2367ham004- 70 -LRB100 09422 SLF 37703 a

1        a maximum of $75.
2            (E) Minor traffic or ordinance violations, $20.
3            (F) When court appearance required, $30.
4            (G) Motions to vacate or amend final orders, a
5        minimum of $20 and a maximum of $40.
6            (H) Motions to vacate bond forfeiture orders, a
7        minimum of $20 and a maximum of $30.
8            (I) Motions to vacate ex parte judgments, whenever
9        filed, a minimum of $20 and a maximum of $30.
10            (J) Motions to vacate judgment on forfeitures,
11        whenever filed, a minimum of $20 and a maximum of $25.
12            (K) Motions to vacate "failure to appear" or
13        "failure to comply" notices sent to the Secretary of
14        State, a minimum of $20 and a maximum of $40.
15        (2) In counties having a population of more than
16    500,000 but fewer than 3,000,000 inhabitants, when the
17    violation complaint is issued by a municipal police
18    department, the clerk shall be entitled to costs from each
19    person convicted therein as follows:
20            (A) Minor traffic or ordinance violations, $10.
21            (B) When court appearance required, $15.
22        (3) In ordinance violation cases punishable by fine
23    only, the clerk of the circuit court shall be entitled to
24    receive, unless the fee is excused upon a finding by the
25    court that the defendant is indigent, in addition to other
26    fees or costs allowed or imposed by law, the sum of a

 

 

10000HB2367ham004- 71 -LRB100 09422 SLF 37703 a

1    minimum of $50 and a maximum of $112.50 as a fee for the
2    services of a jury. The jury fee shall be paid by the
3    defendant at the time of filing his or her jury demand. If
4    the fee is not so paid by the defendant, no jury shall be
5    called, and the case shall be tried by the court without a
6    jury.
7(x) Transcripts of Judgment.
8        For the filing of a transcript of judgment, the clerk
9    shall be entitled to the same fee as if it were the
10    commencement of a new suit.
11(y) Change of Venue.
12        (1) For the filing of a change of case on a change of
13    venue, the clerk shall be entitled to the same fee as if it
14    were the commencement of a new suit.
15        (2) The fee for the preparation and certification of a
16    record on a change of venue to another jurisdiction, when
17    original documents are forwarded, a minimum of $25 and a
18    maximum of $40.
19(z) Tax objection complaints.
20        For each tax objection complaint containing one or more
21    tax objections, regardless of the number of parcels
22    involved or the number of taxpayers joining in the
23    complaint, a minimum of $25 and a maximum of $50.
24(aa) Tax Deeds.
25        (1) Petition for tax deed, if only one parcel is
26    involved, a minimum of $150 and a maximum of $250.

 

 

10000HB2367ham004- 72 -LRB100 09422 SLF 37703 a

1        (2) For each additional parcel, add a fee of a minimum
2    of $50 and a maximum of $100.
3(bb) Collections.
4        (1) For all collections made of others, except the
5    State and county and except in maintenance or child support
6    cases, a sum equal to a minimum of 2.5% and a maximum of
7    3.0% of the amount collected and turned over.
8        (2) Interest earned on any funds held by the clerk
9    shall be turned over to the county general fund as an
10    earning of the office.
11        (3) For any check, draft, or other bank instrument
12    returned to the clerk for non-sufficient funds, account
13    closed, or payment stopped, $25.
14        (4) In child support and maintenance cases, the clerk,
15    if authorized by an ordinance of the county board, may
16    collect an annual fee of up to $36 from the person making
17    payment for maintaining child support records and the
18    processing of support orders to the State of Illinois KIDS
19    system and the recording of payments issued by the State
20    Disbursement Unit for the official record of the Court.
21    This fee shall be 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 ex-officio, to be used by the clerk
26    to maintain child support orders and record all payments

 

 

10000HB2367ham004- 73 -LRB100 09422 SLF 37703 a

1    issued by the State Disbursement Unit for the official
2    record of the Court. The clerk may recover from the person
3    making the maintenance or child support payment any
4    additional cost incurred in the collection of this annual
5    fee.
6        The clerk shall also be entitled to a fee of $5 for
7    certifications made to the Secretary of State as provided
8    in Section 7-703 of the Family Financial Responsibility Law
9    and these fees shall also be deposited into the Separate
10    Maintenance and Child Support Collection Fund.
11(cc) Corrections of Numbers.
12        For correction of the case number, case title, or
13    attorney computer identification number, if required by
14    rule of court, on any document filed in the clerk's office,
15    to be charged against the party that filed the document, a
16    minimum of $15 and a maximum of $25.
17(dd) Exceptions.
18        The fee requirements of this Section shall not apply to
19    police departments or other law enforcement agencies. In
20    this Section, "law enforcement agency" means an agency of
21    the State or a unit of local government which is vested by
22    law or ordinance with the duty to maintain public order and
23    to enforce criminal laws or ordinances. "Law enforcement
24    agency" also means the Attorney General or any state's
25    attorney. The fee requirements of this Section shall not
26    apply to any action instituted under subsection (b) of

 

 

10000HB2367ham004- 74 -LRB100 09422 SLF 37703 a

1    Section 11-31-1 of the Illinois Municipal Code by a private
2    owner or tenant of real property within 1200 feet of a
3    dangerous or unsafe building seeking an order compelling
4    the owner or owners of the building to take any of the
5    actions authorized under that subsection.
6        The fee requirements of this Section shall not apply to
7    the filing of any commitment petition or petition for an
8    order authorizing the administration of psychotropic
9    medication or electroconvulsive therapy under the Mental
10    Health and Developmental Disabilities Code.
11(ee) Adoptions.
12        (1) For an adoption...............................$65
13        (2) Upon good cause shown, the court may waive the
14    adoption filing fee in a special needs adoption. The term
15    "special needs adoption" shall have the meaning ascribed to
16    it by the Illinois Department of Children and Family
17    Services.
18(ff) Adoption exemptions.
19        No fee other than that set forth in subsection (ee)
20    shall be charged to any person in connection with an
21    adoption proceeding nor may any fee be charged for
22    proceedings for the appointment of a confidential
23    intermediary under the Adoption Act.
24(gg) Unpaid fees.
25        Unless a court ordered payment schedule is implemented
26    or the fee requirements of this Section are waived pursuant

 

 

10000HB2367ham004- 75 -LRB100 09422 SLF 37703 a

1    to court order, the clerk of the court may add to any
2    unpaid fees and costs under this Section a delinquency
3    amount equal to 5% of the unpaid fees that remain unpaid
4    after 30 days, 10% of the unpaid fees that remain unpaid
5    after 60 days, and 15% of the unpaid fees that remain
6    unpaid after 90 days. Notice to those parties may be made
7    by signage posting or publication. The additional
8    delinquency amounts collected under this Section shall be
9    used to defray additional administrative costs incurred by
10    the clerk of the circuit court in collecting unpaid fees
11    and costs.
12(Source: P.A. 99-859, eff. 8-19-16; 100-173, eff. 1-1-18;
13revised 10-6-17.)
 
14    (705 ILCS 105/27.2a)  (from Ch. 25, par. 27.2a)
15    Sec. 27.2a. The fees of the clerks of the circuit court in
16all counties having a population of 3,000,000 or more
17inhabitants in the instances described in this Section shall be
18as provided in this Section. In those instances where a minimum
19and maximum fee is stated, the clerk of the circuit court must
20charge the minimum fee listed and may charge up to the maximum
21fee if the county board has by resolution increased the fee.
22The fees shall be paid in advance and shall be as follows:
23(a) Civil Cases.
24        With the following exceptions, the fee for filing a
25    complaint, petition, or other pleading initiating a civil

 

 

10000HB2367ham004- 76 -LRB100 09422 SLF 37703 a

1    action shall be a minimum of $190 and shall be a maximum of
2    $240 through December 31, 2021 and a maximum of $234 on and
3    after January 1, 2022.
4            (A) When the amount of money or damages or the
5        value of personal property claimed does not exceed
6        $250, a minimum of $15 and a maximum of $22.
7            (B) When that amount exceeds $250 but does not
8        exceed $1000, a minimum of $40 and a maximum of $75.
9            (C) When that amount exceeds $1000 but does not
10        exceed $2500, a minimum of $50 and a maximum of $80.
11            (D) When that amount exceeds $2500 but does not
12        exceed $5000, a minimum of $100 and a maximum of $130.
13            (E) When that amount exceeds $5000 but does not
14        exceed $15,000, $150.
15            (F) For the exercise of eminent domain, $150. For
16        each additional lot or tract of land or right or
17        interest therein subject to be condemned, the damages
18        in respect to which shall require separate assessment
19        by a jury, $150.
20            (G) For the final determination of parking,
21        standing, and compliance violations and final
22        administrative decisions issued after hearings
23        regarding vehicle immobilization and impoundment made
24        pursuant to Sections 3-704.1, 6-306.5, and 11-208.3 of
25        the Illinois Vehicle Code, $25.
26            (H) No fees shall be charged by the clerk to a

 

 

10000HB2367ham004- 77 -LRB100 09422 SLF 37703 a

1        petitioner in any order of protection including, but
2        not limited to, filing, modifying, withdrawing,
3        certifying, or photocopying petitions for orders of
4        protection, or for issuing alias summons, or for any
5        related filing service, certifying, modifying,
6        vacating, or photocopying any orders of protection.
7(b) Eviction.
8        In each eviction case when the plaintiff seeks eviction
9    only or unites with his or her claim for eviction a claim
10    for rent or damages or both in the amount of $15,000 or
11    less, a minimum of $75 and a maximum of $140. When the
12    plaintiff unites his or her claim for eviction with a claim
13    for rent or damages or both exceeding $15,000, a minimum of
14    $225 and a maximum of $335.
15(c) Counterclaim or Joining Third Party Defendant.
16        When any defendant files a counterclaim as part of his
17    or her answer or otherwise or joins another party as a
18    third party defendant, or both, the defendant shall pay a
19    fee for each counterclaim or third party action in an
20    amount equal to the fee he or she would have had to pay had
21    he or she brought a separate action for the relief sought
22    in the counterclaim or against the third party defendant,
23    less the amount of the appearance fee, if that has been
24    paid.
25(d) Confession of Judgment.
26        In a confession of judgment when the amount does not

 

 

10000HB2367ham004- 78 -LRB100 09422 SLF 37703 a

1    exceed $1500, a minimum of $60 and a maximum of $70. When
2    the amount exceeds $1500, but does not exceed $5000, a
3    minimum of $75 and a maximum of $150. When the amount
4    exceeds $5000, but does not exceed $15,000, a minimum of
5    $175 and a maximum of $260. When the amount exceeds
6    $15,000, a minimum of $250 and a maximum of $310.
7(e) Appearance.
8        The fee for filing an appearance in each civil case
9    shall be a minimum of $75 and a maximum of $110, except as
10    follows:
11            (A) When the plaintiff in an eviction case seeks
12        possession only, a minimum of $40 and a maximum of $80.
13            (B) When the amount in the case does not exceed
14        $1500, a minimum of $40 and a maximum of $80.
15            (C) When that amount exceeds $1500 but does not
16        exceed $15,000, a minimum of $60 and a maximum of $90.
17(f) Garnishment, Wage Deduction, and Citation.
18        In garnishment affidavit, wage deduction affidavit,
19    and citation petition when the amount does not exceed
20    $1,000, a minimum of $15 and a maximum of $25; when the
21    amount exceeds $1,000 but does not exceed $5,000, a minimum
22    of $30 and a maximum of $45; and when the amount exceeds
23    $5,000, a minimum of $50 and a maximum of $80.
24(g) Petition to Vacate or Modify.
25        (1) Petition to vacate or modify any final judgment or
26    order of court, except in eviction cases and small claims

 

 

10000HB2367ham004- 79 -LRB100 09422 SLF 37703 a

1    cases or a petition to reopen an estate, to modify,
2    terminate, or enforce a judgment or order for child or
3    spousal support, or to modify, suspend, or terminate an
4    order for withholding, if filed before 30 days after the
5    entry of the judgment or order, a minimum of $50 and a
6    maximum of $60.
7        (2) Petition to vacate or modify any final judgment or
8    order of court, except a petition to modify, terminate, or
9    enforce a judgment or order for child or spousal support or
10    to modify, suspend, or terminate an order for withholding,
11    if filed later than 30 days after the entry of the judgment
12    or order, a minimum of $75 and a maximum of $90.
13        (3) Petition to vacate order of bond forfeiture, a
14    minimum of $40 and a maximum of $80.
15(h) Mailing.
16        When the clerk is required to mail, the fee will be a
17    minimum of $10 and a maximum of $15, plus the cost of
18    postage.
19(i) Certified Copies.
20        Each certified copy of a judgment after the first,
21    except in small claims and eviction cases, a minimum of $15
22    and a maximum of $20.
23(j) Habeas Corpus.
24        For filing a petition for relief by habeas corpus, a
25    minimum of $125 and a maximum of $190.
26(k) Certification, Authentication, and Reproduction.

 

 

10000HB2367ham004- 80 -LRB100 09422 SLF 37703 a

1        (1) Each certification or authentication for taking
2    the acknowledgment of a deed or other instrument in writing
3    with the seal of office, a minimum of $6 and a maximum of
4    $9.
5        (2) Court appeals when original documents are
6    forwarded, under 100 pages, plus delivery and costs, a
7    minimum of $75 and a maximum of $110.
8        (3) Court appeals when original documents are
9    forwarded, over 100 pages, plus delivery and costs, a
10    minimum of $150 and a maximum of $185.
11        (4) Court appeals when original documents are
12    forwarded, over 200 pages, an additional fee of a minimum
13    of 25 and a maximum of 30 cents per page.
14        (5) For reproduction of any document contained in the
15    clerk's files:
16            (A) First page, $2.
17            (B) Next 19 pages, 50 cents per page.
18            (C) All remaining pages, 25 cents per page.
19(l) Remands.
20        In any cases remanded to the Circuit Court from the
21    Supreme Court or the Appellate Court for a new trial, the
22    clerk shall file the remanding order and reinstate the case
23    with either its original number or a new number. The Clerk
24    shall not charge any new or additional fee for the
25    reinstatement. Upon reinstatement the Clerk shall advise
26    the parties of the reinstatement. A party shall have the

 

 

10000HB2367ham004- 81 -LRB100 09422 SLF 37703 a

1    same right to a jury trial on remand and reinstatement as
2    he or she had before the appeal, and no additional or new
3    fee or charge shall be made for a jury trial after remand.
4(m) Record Search.
5        For each record search, within a division or municipal
6    district, the clerk shall be entitled to a search fee of a
7    minimum of $6 and a maximum of $9 for each year searched.
8(n) Hard Copy.
9        For each page of hard copy print output, when case
10    records are maintained on an automated medium, the clerk
11    shall be entitled to a fee of a minimum of $6 and a maximum
12    of $9.
13(o) Index Inquiry and Other Records.
14        No fee shall be charged for a single
15    plaintiff/defendant index inquiry or single case record
16    inquiry when this request is made in person and the records
17    are maintained in a current automated medium, and when no
18    hard copy print output is requested. The fees to be charged
19    for management records, multiple case records, and
20    multiple journal records may be specified by the Chief
21    Judge pursuant to the guidelines for access and
22    dissemination of information approved by the Supreme
23    Court.
24(p) (Blank).
25(q) Alias Summons.
26        For each alias summons or citation issued by the clerk,

 

 

10000HB2367ham004- 82 -LRB100 09422 SLF 37703 a

1    a minimum of $5 and a maximum of $6.
2(r) Other Fees.
3        Any fees not covered in this Section shall be set by
4    rule or administrative order of the Circuit Court with the
5    approval of the Administrative Office of the Illinois
6    Courts.
7        The clerk of the circuit court may provide additional
8    services for which there is no fee specified by statute in
9    connection with the operation of the clerk's office as may
10    be requested by the public and agreed to by the clerk and
11    approved by the chief judge of the circuit court. Any
12    charges for additional services shall be as agreed to
13    between the clerk and the party making the request and
14    approved by the chief judge of the circuit court. Nothing
15    in this subsection shall be construed to require any clerk
16    to provide any service not otherwise required by law.
17(s) Jury Services.
18        The clerk shall be entitled to receive, in addition to
19    other fees allowed by law, the sum of a minimum of $212.50
20    and maximum of $230, as a fee for the services of a jury in
21    every civil action not quasi-criminal in its nature and not
22    a proceeding for the exercise of the right of eminent
23    domain and in every other action wherein the right of trial
24    by jury is or may be given by law. The jury fee shall be
25    paid by the party demanding a jury at the time of filing
26    the jury demand. If the fee is not paid by either party, no

 

 

10000HB2367ham004- 83 -LRB100 09422 SLF 37703 a

1    jury shall be called in the action or proceeding, and the
2    same shall be tried by the court without a jury.
3(t) Voluntary Assignment.
4        For filing each deed of voluntary assignment, a minimum
5    of $20 and a maximum of $40; for recording the same, a
6    minimum of 50 and a maximum of $0.80 for each 100 words.
7    Exceptions filed to claims presented to an assignee of a
8    debtor who has made a voluntary assignment for the benefit
9    of creditors shall be considered and treated, for the
10    purpose of taxing costs therein, as actions in which the
11    party or parties filing the exceptions shall be considered
12    as party or parties plaintiff, and the claimant or
13    claimants as party or parties defendant, and those parties
14    respectively shall pay to the clerk the same fees as
15    provided by this Section to be paid in other actions.
16(u) Expungement Petition.
17        The clerk shall be entitled to receive a fee of a
18    minimum of $60 and a maximum of $120 for each expungement
19    petition filed and an additional fee of a minimum of $4 and
20    a maximum of $8 for each certified copy of an order to
21    expunge arrest records. In addition to the filing fee, the
22    clerk shall collect $250 for each expungement petition
23    filed under paragraph (1.3) of subsection (b) of the
24    Criminal Identification Act which shall be transmitted to
25    the State Treasurer for deposit into the Cannabis
26    Expungement Fund.

 

 

10000HB2367ham004- 84 -LRB100 09422 SLF 37703 a

1(v) Probate.
2        The clerk is entitled to receive the fees specified in
3    this subsection (v), which shall be paid in advance, except
4    that, for good cause shown, the court may suspend, reduce,
5    or release the costs payable under this subsection:
6        (1) For administration of the estate of a decedent
7    (whether testate or intestate) or of a missing person, a
8    minimum of $150 and a maximum of $225, plus the fees
9    specified in subsection (v)(3), except:
10            (A) When the value of the real and personal
11        property does not exceed $15,000, the fee shall be a
12        minimum of $40 and a maximum of $65.
13            (B) When (i) proof of heirship alone is made, (ii)
14        a domestic or foreign will is admitted to probate
15        without administration (including proof of heirship),
16        or (iii) letters of office are issued for a particular
17        purpose without administration of the estate, the fee
18        shall be a minimum of $40 and a maximum of $65.
19        (2) For administration of the estate of a ward, a
20    minimum of $75 and a maximum of $110, plus the fees
21    specified in subsection (v)(3), except:
22            (A) When the value of the real and personal
23        property does not exceed $15,000, the fee shall be a
24        minimum of $40 and a maximum of $65.
25            (B) When (i) letters of office are issued to a
26        guardian of the person or persons, but not of the

 

 

10000HB2367ham004- 85 -LRB100 09422 SLF 37703 a

1        estate or (ii) letters of office are issued in the
2        estate of a ward without administration of the estate,
3        including filing or joining in the filing of a tax
4        return or releasing a mortgage or consenting to the
5        marriage of the ward, the fee shall be a minimum of $20
6        and a maximum of $40.
7        (3) In addition to the fees payable under subsection
8    (v)(1) or (v)(2) of this Section, the following fees are
9    payable:
10            (A) For each account (other than one final account)
11        filed in the estate of a decedent, or ward, a minimum
12        of $25 and a maximum of $40.
13            (B) For filing a claim in an estate when the amount
14        claimed is $150 or more but less than $500, a minimum
15        of $20 and a maximum of $40; when the amount claimed is
16        $500 or more but less than $10,000, a minimum of $40
17        and a maximum of $65; when the amount claimed is
18        $10,000 or more, a minimum of $60 and a maximum of $90;
19        provided that the court in allowing a claim may add to
20        the amount allowed the filing fee paid by the claimant.
21            (C) For filing in an estate a claim, petition, or
22        supplemental proceeding based upon an action seeking
23        equitable relief including the construction or contest
24        of a will, enforcement of a contract to make a will,
25        and proceedings involving testamentary trusts or the
26        appointment of testamentary trustees, a minimum of $60

 

 

10000HB2367ham004- 86 -LRB100 09422 SLF 37703 a

1        and a maximum of $90.
2            (D) For filing in an estate (i) the appearance of
3        any person for the purpose of consent or (ii) the
4        appearance of an executor, administrator,
5        administrator to collect, guardian, guardian ad litem,
6        or special administrator, no fee.
7            (E) Except as provided in subsection (v)(3)(D),
8        for filing the appearance of any person or persons, a
9        minimum of $30 and a maximum of $90.
10            (F) For each jury demand, a minimum of $137.50 and
11        a maximum of $180.
12            (G) For disposition of the collection of a judgment
13        or settlement of an action or claim for wrongful death
14        of a decedent or of any cause of action of a ward, when
15        there is no other administration of the estate, a
16        minimum of $50 and a maximum of $80, less any amount
17        paid under subsection (v)(1)(B) or (v)(2)(B) except
18        that if the amount involved does not exceed $5,000, the
19        fee, including any amount paid under subsection
20        (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a
21        maximum of $40.
22            (H) For each certified copy of letters of office,
23        of court order or other certification, a minimum of $2
24        and a maximum of $4, plus $1 per page in excess of 3
25        pages for the document certified.
26            (I) For each exemplification, $2, plus the fee for

 

 

10000HB2367ham004- 87 -LRB100 09422 SLF 37703 a

1        certification.
2        (4) The executor, administrator, guardian, petitioner,
3    or other interested person or his or her attorney shall pay
4    the cost of publication by the clerk directly to the
5    newspaper.
6        (5) The person on whose behalf a charge is incurred for
7    witness, court reporter, appraiser, or other miscellaneous
8    fee shall pay the same directly to the person entitled
9    thereto.
10        (6) The executor, administrator, guardian, petitioner,
11    or other interested person or his or her attorney shall pay
12    to the clerk all postage charges incurred by the clerk in
13    mailing petitions, orders, notices, or other documents
14    pursuant to the provisions of the Probate Act of 1975.
15(w) Criminal and Quasi-Criminal Costs and Fees.
16        (1) The clerk shall be entitled to costs in all
17    criminal and quasi-criminal cases from each person
18    convicted or sentenced to supervision therein as follows:
19            (A) Felony complaints, a minimum of $125 and a
20        maximum of $190.
21            (B) Misdemeanor complaints, a minimum of $75 and a
22        maximum of $110.
23            (C) Business offense complaints, a minimum of $75
24        and a maximum of $110.
25            (D) Petty offense complaints, a minimum of $75 and
26        a maximum of $110.

 

 

10000HB2367ham004- 88 -LRB100 09422 SLF 37703 a

1            (E) Minor traffic or ordinance violations, $30.
2            (F) When court appearance required, $50.
3            (G) Motions to vacate or amend final orders, a
4        minimum of $40 and a maximum of $80.
5            (H) Motions to vacate bond forfeiture orders, a
6        minimum of $30 and a maximum of $45.
7            (I) Motions to vacate ex parte judgments, whenever
8        filed, a minimum of $30 and a maximum of $45.
9            (J) Motions to vacate judgment on forfeitures,
10        whenever filed, a minimum of $25 and a maximum of $30.
11            (K) Motions to vacate "failure to appear" or
12        "failure to comply" notices sent to the Secretary of
13        State, a minimum of $40 and a maximum of $50.
14        (2) In counties having a population of 3,000,000 or
15    more, when the violation complaint is issued by a municipal
16    police department, the clerk shall be entitled to costs
17    from each person convicted therein as follows:
18            (A) Minor traffic or ordinance violations, $30.
19            (B) When court appearance required, $50.
20        (3) In ordinance violation cases punishable by fine
21    only, the clerk of the circuit court shall be entitled to
22    receive, unless the fee is excused upon a finding by the
23    court that the defendant is indigent, in addition to other
24    fees or costs allowed or imposed by law, the sum of a
25    minimum of $112.50 and a maximum of $250 as a fee for the
26    services of a jury. The jury fee shall be paid by the

 

 

10000HB2367ham004- 89 -LRB100 09422 SLF 37703 a

1    defendant at the time of filing his or her jury demand. If
2    the fee is not so paid by the defendant, no jury shall be
3    called, and the case shall be tried by the court without a
4    jury.
5(x) Transcripts of Judgment.
6        For the filing of a transcript of judgment, the clerk
7    shall be entitled to the same fee as if it were the
8    commencement of a new suit.
9(y) Change of Venue.
10        (1) For the filing of a change of case on a change of
11    venue, the clerk shall be entitled to the same fee as if it
12    were the commencement of a new suit.
13        (2) The fee for the preparation and certification of a
14    record on a change of venue to another jurisdiction, when
15    original documents are forwarded, a minimum of $40 and a
16    maximum of $65.
17(z) Tax objection complaints.
18        For each tax objection complaint containing one or more
19    tax objections, regardless of the number of parcels
20    involved or the number of taxpayers joining in the
21    complaint, a minimum of $50 and a maximum of $100.
22(aa) Tax Deeds.
23        (1) Petition for tax deed, if only one parcel is
24    involved, a minimum of $250 and a maximum of $400.
25        (2) For each additional parcel, add a fee of a minimum
26    of $100 and a maximum of $200.

 

 

10000HB2367ham004- 90 -LRB100 09422 SLF 37703 a

1(bb) Collections.
2        (1) For all collections made of others, except the
3    State and county and except in maintenance or child support
4    cases, a sum equal to 3.0% of the amount collected and
5    turned over.
6        (2) Interest earned on any funds held by the clerk
7    shall be turned over to the county general fund as an
8    earning of the office.
9        (3) For any check, draft, or other bank instrument
10    returned to the clerk for non-sufficient funds, account
11    closed, or payment stopped, $25.
12        (4) In child support and maintenance cases, the clerk,
13    if authorized by an ordinance of the county board, may
14    collect an annual fee of up to $36 from the person making
15    payment for maintaining child support records and the
16    processing of support orders to the State of Illinois KIDS
17    system and the recording of payments issued by the State
18    Disbursement Unit for the official record of the Court.
19    This fee shall be in addition to and separate from amounts
20    ordered to be paid as maintenance or child support and
21    shall be deposited into a Separate Maintenance and Child
22    Support Collection Fund, of which the clerk shall be the
23    custodian, ex-officio, to be used by the clerk to maintain
24    child support orders and record all payments issued by the
25    State Disbursement Unit for the official record of the
26    Court. The clerk may recover from the person making the

 

 

10000HB2367ham004- 91 -LRB100 09422 SLF 37703 a

1    maintenance or child support payment any additional cost
2    incurred in the collection of this annual fee.
3        The clerk shall also be entitled to a fee of $5 for
4    certifications made to the Secretary of State as provided
5    in Section 7-703 of the Family Financial Responsibility Law
6    and these fees shall also be deposited into the Separate
7    Maintenance and Child Support Collection Fund.
8(cc) Corrections of Numbers.
9        For correction of the case number, case title, or
10    attorney computer identification number, if required by
11    rule of court, on any document filed in the clerk's office,
12    to be charged against the party that filed the document, a
13    minimum of $25 and a maximum of $40.
14(dd) Exceptions.
15        (1) The fee requirements of this Section shall not
16    apply to police departments or other law enforcement
17    agencies. In this Section, "law enforcement agency" means
18    an agency of the State or a unit of local government which
19    is vested by law or ordinance with the duty to maintain
20    public order and to enforce criminal laws or ordinances.
21    "Law enforcement agency" also means the Attorney General or
22    any state's attorney.
23        (2) No fee provided herein shall be charged to any unit
24    of local government or school district. The fee
25    requirements of this Section shall not apply to any action
26    instituted under subsection (b) of Section 11-31-1 of the

 

 

10000HB2367ham004- 92 -LRB100 09422 SLF 37703 a

1    Illinois Municipal Code by a private owner or tenant of
2    real property within 1200 feet of a dangerous or unsafe
3    building seeking an order compelling the owner or owners of
4    the building to take any of the actions authorized under
5    that subsection.
6        (3) The fee requirements of this Section shall not
7    apply to the filing of any commitment petition or petition
8    for an order authorizing the administration of
9    psychotropic medication or electroconvulsive therapy under
10    the Mental Health and Developmental Disabilities Code.
11(ee) Adoption.
12        (1) For an adoption...............................$65
13        (2) Upon good cause shown, the court may waive the
14    adoption filing fee in a special needs adoption. The term
15    "special needs adoption" shall have the meaning ascribed to
16    it by the Illinois Department of Children and Family
17    Services.
18(ff) Adoption exemptions.
19        No fee other than that set forth in subsection (ee)
20    shall be charged to any person in connection with an
21    adoption proceeding nor may any fee be charged for
22    proceedings for the appointment of a confidential
23    intermediary under the Adoption Act.
24(gg) Unpaid fees.
25        Unless a court ordered payment schedule is implemented
26    or the fee requirements of this Section are waived pursuant

 

 

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1    to court order, the clerk of the court may add to any
2    unpaid fees and costs under this Section a delinquency
3    amount equal to 5% of the unpaid fees that remain unpaid
4    after 30 days, 10% of the unpaid fees that remain unpaid
5    after 60 days, and 15% of the unpaid fees that remain
6    unpaid after 90 days. Notice to those parties may be made
7    by signage posting or publication. The additional
8    delinquency amounts collected under this Section shall be
9    used to defray additional administrative costs incurred by
10    the clerk of the circuit court in collecting unpaid fees
11    and costs.
12(Source: P.A. 99-859, eff. 8-19-16; 100-173, eff. 1-1-18.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".