093_SB0199enr

 
SB199 Enrolled                       LRB093 06333 DRJ 06452 b

 1        AN ACT in relation to health.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.  The   Mental   Health   and   Developmental
 5    Disabilities  Code  is  amended  by  changing Sections 1-119,
 6    2-107.1, and 3-802 and adding Section 1-129 as follows:

 7        (405 ILCS 5/1-119) (from Ch. 91 1/2, par. 1-119)
 8        Sec. 1-119.  "Person subject  to  involuntary  admission"
 9    means:
10             (1)  A person with mental illness and who because of
11        his  or  her  illness  is  reasonably expected to inflict
12        serious physical harm upon himself or herself or  another
13        in the near future which may include threatening behavior
14        or  conduct  that places another individual in reasonable
15        expectation of being harmed; or
16             (2)  A person with mental illness and who because of
17        his or her illness is unable to provide for  his  or  her
18        basic  physical  needs  so as to guard himself or herself
19        from serious harm without the  assistance  of  family  or
20        outside help.
21        In  determining  whether  a  person  meets  the  criteria
22    specified  in  paragraph  (1)  or (2), the court may consider
23    evidence of the person's repeated past  pattern  of  specific
24    behavior and actions related to the person's illness.
25    (Source: P.A. 91-726, eff. 6-2-00.)

26        (405 ILCS 5/1-129 new)
27        Sec.  1-129.  Mental  illness.  "Mental  illness" means a
28    mental, or emotional disorder that  substantially  impairs  a
29    person's  thought,  perception of reality, emotional process,
30    judgment, behavior, or ability  to  cope  with  the  ordinary
 
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 1    demands  of  life,  but  does  not  include  a  developmental
 2    disability, dementia or Alzheimer's disease absent psychosis,
 3    a substance abuse disorder, or an abnormality manifested only
 4    by repeated criminal or otherwise antisocial conduct.

 5        (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
 6        Sec.  2-107.1.  Administration  of authorized involuntary
 7    treatment upon application to a court.
 8        (a)  An adult recipient of services and  the  recipient's
 9    guardian,  if  the  recipient  is under guardianship, and the
10    substitute decision maker, if any, shall be informed  of  the
11    recipient's right to refuse medication. The recipient and the
12    recipient's  guardian  or  substitute decision maker shall be
13    given the opportunity to  refuse  generally  accepted  mental
14    health  or  developmental  disability services, including but
15    not limited to medication.
16        (a-5)  Notwithstanding the provisions of Section 2-107 of
17    this  Code,   authorized   involuntary   treatment   may   be
18    administered  to  an  adult recipient of services without the
19    informed  consent  of  the  recipient  under  the   following
20    standards:
21             (1)  Any  person 18 years of age or older, including
22        any guardian, may petition the circuit court for an order
23        authorizing the administration of authorized  involuntary
24        treatment  to a recipient of services. The petition shall
25        state that the petitioner has made a good  faith  attempt
26        to  determine  whether the recipient has executed a power
27        of attorney for health care under the Powers of  Attorney
28        for  Health  Care  Law or a declaration for mental health
29        treatment under the Mental  Health  Treatment  Preference
30        Declaration Act and to obtain copies of these instruments
31        if  they exist.  If either of the above-named instruments
32        is available to the petitioner, the instrument or a  copy
33        of the instrument shall be attached to the petition as an
 
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 1        exhibit.  The  petitioner  shall  deliver  a  copy of the
 2        petition, and  notice  of  the  time  and  place  of  the
 3        hearing,  to  the  respondent,  his  or her attorney, any
 4        known  agent  or  attorney-in-fact,  if  any,   and   the
 5        guardian,  if any, no later than 3 days prior to the date
 6        of the hearing. Service of the petition and notice of the
 7        time and place of the hearing may be made by transmitting
 8        them via facsimile machine to  the  respondent  or  other
 9        party.   Upon  receipt  of  the  petition and notice, the
10        party served, or the person delivering the  petition  and
11        notice  to  the  party served, shall acknowledge service.
12        If the party sending the petition  and  notice  does  not
13        receive  acknowledgement  of  service  within  24  hours,
14        service must be made by personal service.
15             The  petition  may  include a request that the court
16        authorize such testing and procedures as may be essential
17        for  the  safe  and  effective  administration   of   the
18        authorized    involuntary    treatment   sought   to   be
19        administered, but only where the petition sets forth  the
20        specific    testing   and   procedures   sought   to   be
21        administered.
22             If a hearing is requested  to  be  held  immediately
23        following  the  hearing  on  a  petition  for involuntary
24        admission, then the notice requirement shall be the  same
25        as  that  for the hearing on the petition for involuntary
26        admission,  and  the  petition  filed  pursuant  to  this
27        Section shall be filed with the petition for  involuntary
28        admission.
29             (2)  The court shall hold a hearing within 7 days of
30        the  filing of the petition.  The People, the petitioner,
31        or the respondent shall be entitled to a  continuance  of
32        up  to  7 days as of right.  An additional continuance of
33        not more than 7 days may be granted to any party (i) upon
34        a showing that the continuance  is  needed  in  order  to
 
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 1        adequately  prepare  for or present evidence in a hearing
 2        under   this   Section   or   (ii)   under    exceptional
 3        circumstances.    The   court  may  grant  an  additional
 4        continuance  not  to  exceed  21  days   when,   in   its
 5        discretion,  the court determines that such a continuance
 6        is necessary in order to provide the  recipient  with  an
 7        examination  pursuant  to  Section 3-803 or 3-804 of this
 8        Act, to provide the recipient with a  trial  by  jury  as
 9        provided  in Section 3-802 of this Act, or to arrange for
10        the substitution  of  counsel  as  provided  for  by  the
11        Illinois  Supreme  Court  Rules.  The  hearing  shall  be
12        separate  from  a  judicial  proceeding held to determine
13        whether a person is subject to involuntary admission  but
14        may  be  heard  immediately preceding or following such a
15        judicial proceeding and may be heard by the same trier of
16        fact or law as in that judicial proceeding.
17             (3)  Unless   otherwise   provided    herein,    the
18        procedures set forth in Article VIII of Chapter 3 of this
19        Act,  including  the  provisions regarding appointment of
20        counsel, shall govern hearings held under this subsection
21        (a-5).
22             (4)  Authorized involuntary treatment shall  not  be
23        administered   to   the  recipient  unless  it  has  been
24        determined by clear and convincing evidence that  all  of
25        the following factors are present:
26                  (A)  That  the  recipient  has a serious mental
27             illness or developmental disability.
28                  (B)  That because of  said  mental  illness  or
29             developmental  disability,  the  recipient currently
30             exhibits any one of the following: (i) deterioration
31             of his or her ability to function,  as  compared  to
32             the  recipient's  ability  to  function prior to the
33             current onset of symptoms of the mental  illness  or
34             disability  for which treatment is presently sought,
 
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 1             (ii) suffering, or (iii) threatening behavior.
 2                  (C)  That the illness or disability has existed
 3             for a period marked by the  continuing  presence  of
 4             the   symptoms   set  forth  in  item  (B)  of  this
 5             subdivision (4) or the repeated episodic  occurrence
 6             of these symptoms.
 7                  (D)  That   the   benefits   of  the  treatment
 8             outweigh the harm.
 9                  (E)  That the recipient lacks the  capacity  to
10             make a reasoned decision about the treatment.
11                  (F)  That  other less restrictive services have
12             been explored and found inappropriate.
13                  (G)  If the petition  seeks  authorization  for
14             testing  and other procedures, that such testing and
15             procedures are essential for the safe and  effective
16             administration of the treatment.
17             (5)  In  no  event  shall an order issued under this
18        Section be effective for more  than  90  days.  A  second
19        90-day  period of involuntary treatment may be authorized
20        pursuant to a hearing that complies  with  the  standards
21        and  procedures  of  this  subsection  (a-5). Thereafter,
22        additional 180-day periods of involuntary  treatment  may
23        be authorized pursuant to the standards and procedures of
24        this   Section  without  limit.  If  a  new  petition  to
25        authorize the administration  of  authorized  involuntary
26        treatment  is  filed  at  least  15  days  prior  to  the
27        expiration  of the prior order, and if any continuance of
28        the  hearing  is  agreed  to  by   the   recipient,   the
29        administration   of   the   treatment   may  continue  in
30        accordance with the prior order pending the completion of
31        a hearing under this Section.
32             (6)  An order issued  under  this  subsection  (a-5)
33        shall  designate the persons authorized to administer the
34        authorized involuntary treatment under the standards  and
 
SB199 Enrolled             -6-       LRB093 06333 DRJ 06452 b
 1        procedures  of this subsection (a-5). Those persons shall
 2        have complete discretion not to administer any  treatment
 3        authorized  under  this  Section.  The  order  shall also
 4        specify the medications  and  the  anticipated  range  of
 5        dosages  that have been authorized and may include a list
 6        of any  alternative  medications  and  range  of  dosages
 7        deemed necessary.
 8        (b)  A  guardian  may  be  authorized  to  consent to the
 9    administration of  authorized  involuntary  treatment  to  an
10    objecting  recipient  only under the standards and procedures
11    of subsection (a-5).
12        (c)  Notwithstanding any other provision of this Section,
13    a guardian may consent to the  administration  of  authorized
14    involuntary  treatment  to  a  non-objecting  recipient under
15    Article XIa of the Probate Act of 1975.
16        (d)  Nothing  in   this   Section   shall   prevent   the
17    administration   of   authorized   involuntary  treatment  to
18    recipients in an emergency under Section 2-107 of this Act.
19        (e)  Notwithstanding  any  of  the  provisions  of   this
20    Section, authorized involuntary treatment may be administered
21    pursuant  to  a  power  of attorney for health care under the
22    Powers of Attorney for Health Care Law or a  declaration  for
23    mental  health  treatment  under  the Mental Health Treatment
24    Preference Declaration Act.
25    (Source: P.A.  91-726,  eff.  6-2-00;  91-787,  eff.  1-1-01;
26    92-16, eff. 6-28-01.)

27        (405 ILCS 5/3-802) (from Ch. 91 1/2, par. 3-802)
28        Sec.  3-802.  The respondent is entitled to a jury on the
29    question of whether he is subject to  involuntary  admission.
30    The  jury shall consist of 6 persons to be chosen in the same
31    manner as are jurors in other civil proceedings. A respondent
32    is not  entitled  to  a  jury  on  the  question  of  whether
33    authorized  involuntary  treatment  may be administered under
 
SB199 Enrolled             -7-       LRB093 06333 DRJ 06452 b
 1    Section 2-107.1.
 2    (Source: P.A. 80-1414.)

 3        Section 10.  The Clerks  of  Courts  Act  is  amended  by
 4    changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:

 5        (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
 6        Sec. 27.1.  The fees of the Clerk of the Circuit Court in
 7    all  counties  having  a population of 180,000 inhabitants or
 8    less shall be paid in advance, except as otherwise  provided,
 9    and shall be as follows:
10    (a)  Civil Cases.
11             (1)  All   civil  cases  except  as  otherwise
12        provided...........................................   $40
13             (2)  Judicial Sales (except Probate)..........   $40
14    (b)  Family.
15             (1)  Commitment  petitions  under  the  Mental
16        Health and Developmental Disabilities Code,  Filing
17        transcript  of  commitment  proceedings    held  in
18        another  county, and Cases under the Juvenile Court
19        Act of 1987........................................   $25
20             (2)  Petition for Marriage Licenses...........   $10
21             (3)  Marriages in Court.......................   $10
22             (4)  Paternity................................   $40
23    (c)  Criminal and Quasi-Criminal.
24             (1)  Each person convicted of a felony........   $40
25             (2)  Each person convicted of  a  misdemeanor,
26        leaving   scene   of  an  accident,  driving  while
27        intoxicated,  reckless  driving  or  drag   racing,
28        driving   when   license   revoked   or  suspended,
29        overweight, or no interstate commerce  certificate,
30        or when the disposition is court supervision.......   $25
31             (3)  Each   person  convicted  of  a  business
32        offense............................................   $25
 
SB199 Enrolled             -8-       LRB093 06333 DRJ 06452 b
 1             (4)  Each person convicted of a petty offense.   $25
 2             (5)  Minor    traffic,    conservation,     or
 3        ordinance violation, including  without  limitation
 4        when the  disposition  is  court  supervision:
 5                  (i)  For each offense....................   $10
 6                  (ii)  For   each   notice   sent  to  the
 7        defendant's  last   known   address   pursuant   to
 8        subsection  (c)  of Section 6-306.4 of the Illinois
 9        Vehicle Code.......................................    $2
10                  (iii)  For  each  notice  sent   to   the
11        Secretary  of  State  pursuant to subsection (c) of
12        Section 6-306.4 of the Illinois Vehicle Code.......    $2
13             (6)  When Court Appearance required...........   $15
14             (7)  Motions to vacate or amend final orders..   $10
15             (8)  In ordinance violation  cases  punishable
16        by  fine only, the clerk of the circuit court shall
17        be entitled to receive, unless the fee  is  excused
18        upon  a  finding by the court that the defendant is
19        indigent,  in  addition  to  other  fees  or  costs
20        allowed or imposed by law, the sum of $62.50  as  a
21        fee for the services of a jury.  The jury fee shall
22        be  paid by the defendant at the time of filing his
23        or her jury demand.  If the fee is not so  paid  by
24        the  defendant,  no  jury  shall be called, and the
25        case shall be tried by the court without a jury.
26    (d)  Other Civil Cases.
27             (1)  Money or personal property  claimed  does
28        not exceed $500....................................   $10
29             (2)  Exceeds $500 but not more than $10,000...   $25
30             (3)  Exceeds  $10,000, when relief in addition
31        to or supplemental to recovery of  money  alone  is
32        sought  in  an  action to recover personal property
33        taxes or retailers occupational tax  regardless  of
34        amount claimed.....................................   $45
 
SB199 Enrolled             -9-       LRB093 06333 DRJ 06452 b
 1             (4)  The  Clerk  of the Circuit Court shall be
 2        entitled to receive,  in  addition  to  other  fees
 3        allowed by law, the sum of $62.50, as a fee for the
 4        services  of  a  jury  in  every  civil  action not
 5        quasi-criminal in its nature and not  a  proceeding
 6        for  the  exercise  of the right of eminent domain,
 7        and in every equitable action wherein the right  of
 8        trial  by jury is or may be given by law.  The jury
 9        fee shall be paid by the party demanding a jury  at
10        the  time of filing his jury demand.  If such a fee
11        is not paid by  either  party,  no  jury  shall  be
12        called  in the action, suit, or proceeding, and the
13        same shall be tried by the court without a jury.
14    (e)  Confession of judgment and answer.
15             (1)  When the amount does not exceed $1,000...   $20
16             (2)  Exceeds $1,000...........................   $40
17    (f)  Auxiliary Proceedings.
18             Any  auxiliary  proceeding  relating  to   the
19        collection   of   a   money   judgment,   including
20        garnishment, citation, or wage deduction action....    $5
21    (g)  Forcible entry and detainer.
22             (1)  For  possession  only  or  possession and
23        rent not in excess of $10,000......................   $10
24             (2)  For possession  and  rent  in  excess  of
25        $10,000............................................   $40
26    (h)  Eminent Domain.
27             (1)  Exercise of Eminent Domain...............   $45
28             (2)  For  each  and every lot or tract of land
29        or  right  or  interest  therein  subject   to   be
30        condemned,  the  damages  in respect to which shall
31        require separate assessments by a jury.............   $45
32    (i)  Reinstatement.
33             Each case including petition for  modification
34        of a judgment or order of Court if filed later than
 
SB199 Enrolled             -10-      LRB093 06333 DRJ 06452 b
 1        30  days  after  the  entry of a judgment or order,
 2        except in forcible entry  and  detainer  cases  and
 3        small  claims  and  except  a  petition  to modify,
 4        terminate, or enforce  a  judgement  or  order  for
 5        child  or spousal support or to modify, suspend, or
 6        terminate an order  for  withholding,  petition  to
 7        vacate   judgment   of   dismissal   for   want  of
 8        prosecution whenever filed, petition to  reopen  an
 9        estate, or redocketing of any cause................   $20
10    (j)  Probate.
11             (1)  Administration   of  decedent's  estates,
12        whether testate or intestate, guardianships of  the
13        person  or  estate  or both of a person under legal
14        disability, guardianships of the person  or  estate
15        or  both of a minor or minors, or petitions to sell
16        real estate in the administration of any estate....   $50
17             (2)  Small estates in cases where the real and
18        personal property of  an  estate  does  not  exceed
19        $5,000.............................................   $25
20             (3)  At  any time during the administration of
21        the estate, however, at the request of  the  Clerk,
22        the  Court  shall  examine the record of the estate
23        and the personal representative  to  determine  the
24        total  value  of  the real and personal property of
25        the estate, and if such value exceeds $5,000  shall
26        order  the  payment  of  an  additional  fee in the
27        amount of..........................................   $40
28             (4)  Inheritance tax proceedings..............   $15
29             (5)  Issuing  letters  only  for   a   certain
30        specific reason other than the administration of an
31        estate, including but not limited to the release of
32        mortgage;  the  issue of letters of guardianship in
33        order that consent to marriage may  be  granted  or
34        for  some  other specific reason other than for the
 
SB199 Enrolled             -11-      LRB093 06333 DRJ 06452 b
 1        care of  property  or  person;  proof  of  heirship
 2        without  administration;  or  when  a will is to be
 3        admitted to  probate,  but  the  estate  is  to  be
 4        settled without administration.....................   $10
 5             (6)  When a separate complaint relating to any
 6        matter  other  than  a routine claim is filed in an
 7        estate,  the  required  additional  fee  shall   be
 8        charged for such filing............................   $45
 9    (k)  Change of Venue.
10             From a court, the charge is the same amount as
11        the  original  filing  fee;  however,  the  fee for
12        preparation and certification of record  on  change
13        of  venue,  when  original  documents or copies are
14        forwarded..........................................   $10
15    (l)  Answer, adverse pleading, or appearance.
16             In civil cases................................   $15
17             With the following exceptions:
18             (1)  When the amount does not exceed $500.....    $5
19             (2)  When amount exceeds $500 but not $10,000.   $10
20             (3)  When amount exceeds $10,000..............   $15
21             (4)  Court   appeals   when   documents    are
22        forwarded,  over 200 pages, additional fee per page
23        over 200...........................................   10¢
24    (m)  Tax objection complaints.
25             For each tax  objection  complaint  containing
26        one  or  more  tax  objections,  regardless  of the
27        number  of  parcels  involved  or  the  number   of
28        taxpayers joining the complaint....................   $10
29    (n)  Tax deed.
30             (1)  Petition for tax deed, if only one parcel
31        is involved........................................   $45
32             (2)  For  each  additional parcel involved, an
33        additional fee of..................................   $10
34    (o)  Mailing Notices and Processes.
 
SB199 Enrolled             -12-      LRB093 06333 DRJ 06452 b
 1             (1)  All notices that the clerk is required to
 2        mail as first class mail...........................    $2
 3             (2)  For all processes or notices the Clerk is
 4        required to mail by certified or  registered  mail,
 5        the fee will be $2 plus cost of postage.
 6    (p)  Certification or Authentication.
 7             (1)  Each  certification or authentication for
 8        taking the  acknowledgement  of  a  deed  or  other
 9        instrument in writing with seal of office..........    $2
10             (2)  Court appeals when original documents are
11        forwarded, 100 pages or under, plus delivery costs.   $25
12             (3)  Court appeals when original documents are
13        forwarded, over 100 pages, plus delivery costs.....   $60
14             (4)  Court appeals when original documents are
15        forwarded,  over 200 pages, additional fee per page
16        over 200...........................................   10¢
17    (q)  Reproductions.
18             Each  record  of  proceedings  and   judgment,
19        whether  on  appeal,  change  of  venue,  certified
20        copies  of  orders  and  judgments,  and  all other
21        instruments, documents, records, or papers:
22                  (1)  First page..........................    $1
23                  (2)  Next 19 pages, per page.............   50¢
24                  (3)  All remaining pages, per page.......   25¢
25    (r)  Counterclaim.
26             When any defendant  files  a  counterclaim  as
27        part  of  his or her answer or otherwise,  or joins
28        another party as a third party defendant, or  both,
29        he   or   she   shall  pay  a  fee  for  each  such
30        counterclaim or third party  action  in  an  amount
31        equal  to  the  fee he or she would have had to pay
32        had he or she brought a  separate  action  for  the
33        relief  sought  in  the counterclaim or against the
34        third party  defendant,  less  the  amount  of  the
 
SB199 Enrolled             -13-      LRB093 06333 DRJ 06452 b
 1        appearance fee, if that has been paid.
 2    (s)  Transcript of Judgment.
 3             From   a  court,  the  same  fee  as  if  case
 4        originally filed.
 5    (t)  Publications.
 6             The cost of publication shall be paid directly
 7        to  the  publisher  by  the  person   seeking   the
 8        publication,  whether  the clerk is required by law
 9        to publish, or the parties to the action.
10    (u)  Collections.
11             (1)  For  all  collections  made  for  others,
12        except  the  State  and  County   and   except   in
13        maintenance  or child support cases, a sum equal to
14        2% of the amount collected and turned over.
15             (2)  In any  cases  remanded  to  the  Circuit
16        Court  from  the  Supreme  Court  or  the Appellate
17        Court, the Clerk shall file the remanding order and
18        reinstate the case with either its original  number
19        or  a  new  number.  The Clerk shall not charge any
20        new or additional fee for the reinstatement.   Upon
21        reinstatement the Clerk shall advise the parties of
22        the  reinstatement.   A  party  shall have the same
23        right to a jury trial on remand  and  reinstatement
24        as  he  or  she  had  before  the  appeal,  and  no
25        additional or new fee or charge shall be made for a
26        jury trial after remand.
27             (3)  In maintenance and child support matters,
28        the  Clerk  may  deduct from each payment an amount
29        equal to the United States postage to  be  used  in
30        mailing  the  maintenance or child support check to
31        the recipient.  In  such  cases,  the  Clerk  shall
32        collect  an annual fee of up to $36 from the person
33        making such payment for maintaining  child  support
34        records and the processing of support orders to the
 
SB199 Enrolled             -14-      LRB093 06333 DRJ 06452 b
 1        State  of Illinois KIDS system and the recording of
 2        payments issued by the State Disbursement Unit  for
 3        the official record of the Court. Such sum shall be
 4        in addition to and separate from amounts ordered to
 5        be  paid  as maintenance or child support and shall
 6        be deposited in a separate  Maintenance  and  Child
 7        Support Collection Fund of which the Clerk shall be
 8        the  custodian, ex officio, to be used by the Clerk
 9        to maintain child support  orders  and  record  all
10        payments  issued by the State Disbursement Unit for
11        the official record of the Court.  Unless  paid  in
12        cash  or  pursuant to an order for withholding, the
13        payment  of  the  fee  shall  be  by   a   separate
14        instrument  from  the  support payment and shall be
15        made to the order  of  the  Clerk.  The  Clerk  may
16        recover  from  the person making the maintenance or
17        child support payment any additional cost  incurred
18        in the collection of this annual fee.
19             (4)  Interest  earned on any funds held by the
20        clerk shall be turned over to  the  county  general
21        fund as an earning of the office.
22             The  Clerk  shall also be entitled to a fee of
23        $5 for certifications  made  to  the  Secretary  of
24        State  as  provided  in Section 7-703 of the Family
25        Financial Responsibility Law and these  fees  shall
26        also be deposited into the Separate Maintenance and
27        Child Support Collection Fund.
28    (v)  Correction of Cases.
29             For  correcting  the case number or case title
30        on any document filed in his office, to be  charged
31        against the party that filed the document..........   $10
32    (w)  Record Search.
33             For searching a record, per year searched.....    $4
34    (x)  Printed Output.
 
SB199 Enrolled             -15-      LRB093 06333 DRJ 06452 b
 1             For  each page of hard copy print output, when
 2        case records are maintained on an automated medium.    $2
 3    (y)  Alias Summons.
 4             For each alias summons issued.................    $2
 5    (z)  Expungement of Records.
 6             For each expungement petition filed...........   $15
 7    (aa)  Other Fees.
 8             Any fees not covered by this Section shall be set by
 9        rule or administrative order of the Circuit  Court,  with
10        the approval of the Supreme Court.
11    (bb)  Exemptions.
12             No  fee  provided for herein shall be charged to any
13        unit of State or  local  government  or  school  district
14        unless  the Court orders another party to pay such fee on
15        its behalf. The fee requirements of  this  Section  shall
16        not  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 that
19        is vested by law or ordinance with the duty  to  maintain
20        public order and to enforce criminal laws and ordinances.
21        The  fee  requirements of this Section shall not apply to
22        any action instituted under  subsection  (b)  of  Section
23        11-31-1 of the Illinois Municipal Code by a private owner
24        or  tenant  of  real  property  within  1200  feet  of  a
25        dangerous  or unsafe building seeking an order compelling
26        the owner or owners of the building to take  any  of  the
27        actions authorized under that subsection.
28             No fee provided for in this Section shall be charged
29        in  connection with the filing of any commitment petition
30        or petition for an order authorizing  the  administration
31        of  authorized  involuntary  treatment  in  the  form  of
32        medication  under  the  Mental  Health  and Developmental
33        Disabilities Code.
34    (cc)  Adoptions.
 
SB199 Enrolled             -16-      LRB093 06333 DRJ 06452 b
 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
 4        term "special needs  adoption"  shall  have  the  meaning
 5        ascribed to it by the Illinois Department of Children and
 6        Family Services.
 7    (dd)  Adoption exemptions.
 8             No  fee other than that set forth in subsection (cc)
 9        shall be charged to any  person  in  connection  with  an
10        adoption proceeding.
11    (ee)  Additional Services.
12             Beginning  July  1,  1993,  the clerk of the circuit
13        court may provide  such  additional  services  for  which
14        there  is  no fee specified by statute in connection with
15        the operation of the clerk's office as may  be  requested
16        by  the  public  and  agreed  to by the public and by the
17        clerk and approved  by the chief  judge  of  the  circuit
18        court.   Any  charges for additional services shall be as
19        agreed to between the clerk  and  the  party  making  the
20        request  and  approved  by the chief judge of the circuit
21        court.   Nothing in this subsection shall be construed to
22        require any clerk to provide any  service  not  otherwise
23        required by law.
24    (ff)  Returned checks.
25             For  each  check  delivered to the clerk that is not
26        honored on 2 occasions by the financial institution  upon
27        which  it  is  drawn because of insufficient funds in the
28        account, because the account is closed, because there  is
29        no  account, or because a stop payment has been placed on
30        the check, in addition to the amount already owed....$25.
31    (Source: P.A. 91-165,  eff.  7-16-99;  91-321,  eff.  1-1-00;
32    91-357,  eff.  7-29-99;  91-612,  eff.  10-1-99;  92-16, eff.
33    6-28-01; 92-114, eff. 1-1-02.)
 
SB199 Enrolled             -17-      LRB093 06333 DRJ 06452 b
 1        (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
 2        Sec. 27.1a.  The fees of the clerks of the circuit  court
 3    in  all counties having a population in excess of 180,000 but
 4    not more than 500,000 inhabitants in the instances  described
 5    in  this  Section  shall be as provided in this Section.  The
 6    fees shall be paid in advance and shall be as follows:
 7    (a)  Civil Cases.
 8             The fee for filing a complaint, petition,  or  other
 9        pleading  initiating  a  civil action, with the following
10        exceptions, shall be $150.
11                  (A)  When the amount of money or damages or the
12             value of personal property claimed does  not  exceed
13             $250, $10.
14                  (B)  When that amount exceeds $250 but does not
15             exceed $500, $20.
16                  (C)  When that amount exceeds $500 but does not
17             exceed $2500, $30.
18                  (D)  When  that  amount  exceeds $2500 but does
19             not exceed $15,000, $75.
20                  (E)  For the exercise of eminent domain,  $150.
21             For each additional lot or tract of land or right or
22             interest   therein  subject  to  be  condemned,  the
23             damages in respect to which shall  require  separate
24             assessment by a jury, $150.
25    (a-1)  Family.
26             For  filing  a petition under the Juvenile Court Act
27        of 1987, $25.
28             For filing a petition for a marriage license, $10.
29             For performing a marriage in court, $10.
30             For filing a petition under the  Illinois  Parentage
31        Act of 1984, $40.
32    (b)  Forcible Entry and Detainer.
33             In  each  forcible  entry and detainer case when the
34        plaintiff seeks possession only or unites with his or her
 
SB199 Enrolled             -18-      LRB093 06333 DRJ 06452 b
 1        claim for possession of the property a claim for rent  or
 2        damages  or  both  in the amount of $15,000 or less, $40.
 3        When the plaintiff unites his or her claim for possession
 4        with a claim  for  rent  or  damages  or  both  exceeding
 5        $15,000, $150.
 6    (c)  Counterclaim or Joining Third Party Defendant.
 7             When  any  defendant files a counterclaim as part of
 8        his or her answer or otherwise or joins another party  as
 9        a third party defendant, or both, the defendant shall pay
10        a  fee  for each counterclaim or third party action in an
11        amount equal to the fee he or she would have had  to  pay
12        had  he  or  she brought a separate action for the relief
13        sought in the counterclaim or  against  the  third  party
14        defendant, less the amount of the appearance fee, if that
15        has been paid.
16    (d)  Confession of Judgment.
17             In a confession of judgment when the amount does not
18        exceed  $1500,  $50.  When  the amount exceeds $1500, but
19        does not exceed $15,000, $115. When  the  amount  exceeds
20        $15,000, $200.
21    (e)  Appearance.
22             The  fee for filing an appearance in each civil case
23        shall be $50, except as follows:
24                  (A)  When the plaintiff in a forcible entry and
25             detainer case seeks possession only, $20.
26                  (B)  When the  amount  in  the  case  does  not
27             exceed $1500, $20.
28                  (C)  When  that  amount  exceeds $1500 but does
29             not exceed $15,000, $40.
30    (f)  Garnishment, Wage Deduction, and Citation.
31             In garnishment affidavit, wage deduction  affidavit,
32        and  citation  petition  when  the amount does not exceed
33        $1,000, $10; when the amount exceeds $1,000 but does  not
34        exceed  $5,000,  $20; and when the amount exceeds $5,000,
 
SB199 Enrolled             -19-      LRB093 06333 DRJ 06452 b
 1        $30.
 2    (g)  Petition to Vacate or Modify.
 3             (1)  Petition to vacate or modify any final judgment
 4        or order of court, except in forcible entry and  detainer
 5        cases  and  small claims cases or a petition to reopen an
 6        estate, to modify, terminate, or enforce  a  judgment  or
 7        order  for  child  or  spousal  support,  or  to  modify,
 8        suspend,  or terminate an order for withholding, if filed
 9        before 30 days after the entry of the judgment or  order,
10        $40.
11             (2)  Petition to vacate or modify any final judgment
12        or   order   of  court,  except  a  petition  to  modify,
13        terminate, or enforce a judgment or order  for  child  or
14        spousal  support  or  to modify, suspend, or terminate an
15        order for withholding, if filed later than 30 days  after
16        the entry of the judgment or order, $60.
17             (3)  Petition  to  vacate  order of bond forfeiture,
18        $20.
19    (h)  Mailing.
20             When the clerk is required to mail, the fee will  be
21        $6, plus the cost of postage.
22    (i)  Certified Copies.
23             Each  certified  copy of a judgment after the first,
24        except in small claims and forcible  entry  and  detainer
25        cases, $10.
26    (j)  Habeas Corpus.
27             For  filing  a petition for relief by habeas corpus,
28        $80.
29    (k)  Certification, Authentication, and Reproduction.
30             (1)  Each certification or authentication for taking
31        the acknowledgment of  a  deed  or  other  instrument  in
32        writing with the seal of office, $4.
33             (2)  Court   appeals  when  original  documents  are
34        forwarded, under 100 pages, plus delivery and costs, $50.
 
SB199 Enrolled             -20-      LRB093 06333 DRJ 06452 b
 1             (3)  Court  appeals  when  original  documents   are
 2        forwarded, over 100 pages, plus delivery and costs, $120.
 3             (4)  Court   appeals  when  original  documents  are
 4        forwarded, over 200 pages, an additional fee of 20  cents
 5        per page.
 6             (5)  For  reproduction  of any document contained in
 7        the clerk's files:
 8                  (A)  First page, $2.
 9                  (B)  Next 19 pages, 50 cents per page.
10                  (C)  All remaining pages, 25 cents per page.
11    (l)  Remands.
12             In any cases remanded to the Circuit Court  from the
13        Supreme Court or the Appellate Court for a new trial, the
14        clerk shall file the remanding order  and  reinstate  the
15        case with either its original number or a new number. The
16        Clerk  shall not charge any new or additional fee for the
17        reinstatement. Upon reinstatement the Clerk shall  advise
18        the parties of the reinstatement.  A party shall have the
19        same right to a jury trial on remand and reinstatement as
20        he or she had before the appeal, and no additional or new
21        fee  or  charge  shall  be  made  for  a jury trial after
22        remand.
23    (m)  Record Search.
24             For  each  record  search,  within  a  division   or
25        municipal  district,  the  clerk  shall  be entitled to a
26        search fee of $4 for each year searched.
27    (n)  Hard Copy.
28             For each page of hard copy print output,  when  case
29        records  are maintained on an automated medium, the clerk
30        shall be entitled to a fee of $4.
31    (o)  Index Inquiry and Other Records.
32             No   fee   shall   be   charged   for    a    single
33        plaintiff/defendant  index  inquiry or single case record
34        inquiry when this request  is  made  in  person  and  the
 
SB199 Enrolled             -21-      LRB093 06333 DRJ 06452 b
 1        records are maintained in a current automated medium, and
 2        when no hard copy print output is requested.  The fees to
 3        be charged for management records, multiple case records,
 4        and  multiple  journal  records  may  be specified by the
 5        Chief Judge pursuant to the  guidelines  for  access  and
 6        dissemination  of  information  approved  by  the Supreme
 7        Court.
 8    (p)  (Blank).  Commitment Petitions.
 9             For filing commitment  petitions  under  the  Mental
10        Health and Developmental Disabilities Code and for filing
11        a  transcript  of  commitment proceedings held in another
12        county, $25.
13    (q)  Alias Summons.
14             For each alias summons or  citation  issued  by  the
15        clerk, $4.
16    (r)  Other Fees.
17             Any fees not covered in this Section shall be set by
18        rule  or  administrative  order of the Circuit Court with
19        the approval of the Administrative Office of the Illinois
20        Courts.
21             The  clerk  of  the  circuit   court   may   provide
22        additional  services  for which there is no fee specified
23        by statute  in  connection  with  the  operation  of  the
24        clerk's  office  as  may  be  requested by the public and
25        agreed to by the clerk and approved by the chief judge of
26        the circuit court.  Any charges for  additional  services
27        shall  be  as  agreed  to between the clerk and the party
28        making the request and approved by the chief judge of the
29        circuit court.   Nothing  in  this  subsection  shall  be
30        construed to require any clerk to provide any service not
31        otherwise required by law.
32    (s)  Jury Services.
33             The  clerk shall be entitled to receive, in addition
34        to other fees allowed by law, the sum of  $192.50,  as  a
 
SB199 Enrolled             -22-      LRB093 06333 DRJ 06452 b
 1        fee  for the services of a jury in every civil action not
 2        quasi-criminal in its nature and not a proceeding for the
 3        exercise of the right of  eminent  domain  and  in  every
 4        other action wherein the right of trial by jury is or may
 5        be given by law.  The jury fee shall be paid by the party
 6        demanding  a  jury at the time of filing the jury demand.
 7        If the fee is not paid by either party, no jury shall  be
 8        called in the action or proceeding, and the same shall be
 9        tried by the court without a jury.
10    (t)  Voluntary Assignment.
11             For  filing  each deed of voluntary assignment, $10;
12        for  recording  the  same,  25¢  for  each   100   words.
13        Exceptions  filed to claims presented to an assignee of a
14        debtor who  has  made  a  voluntary  assignment  for  the
15        benefit of creditors shall be considered and treated, for
16        the  purpose of taxing costs therein, as actions in which
17        the party or  parties  filing  the  exceptions  shall  be
18        considered   as  party  or  parties  plaintiff,  and  the
19        claimant or claimants as party or parties defendant,  and
20        those  parties  respectively  shall  pay to the clerk the
21        same fees as provided by this Section to be paid in other
22        actions.
23    (u)  Expungement Petition.
24             The clerk shall be entitled to receive a fee of  $30
25        for each expungement petition filed and an additional fee
26        of  $2  for   each  certified copy of an order to expunge
27        arrest records.
28    (v)  Probate.
29             The clerk is entitled to receive the fees  specified
30        in  this  subsection (v), which shall be paid in advance,
31        except that, for good cause shown, the court may suspend,
32        reduce,  or  release  the  costs   payable   under   this
33        subsection:
34             (1)  For  administration of the estate of a decedent
 
SB199 Enrolled             -23-      LRB093 06333 DRJ 06452 b
 1        (whether testate or intestate) or of  a  missing  person,
 2        $100,  plus  the  fees  specified  in  subsection (v)(3),
 3        except:
 4                  (A)  When the value of the  real  and  personal
 5             property  does  not exceed $15,000, the fee shall be
 6             $25.
 7                  (B)  When (i) proof of heirship alone is  made,
 8             (ii)  a  domestic  or  foreign  will  is admitted to
 9             probate without administration (including  proof  of
10             heirship), or (iii) letters of office are issued for
11             a  particular  purpose without administration of the
12             estate, the fee shall be $25.
13             (2)  For administration of the  estate  of  a  ward,
14        $50,  plus  the  fees  specified  in  subsection  (v)(3),
15        except:
16                  (A)  When  the  value  of the real and personal
17             property does not exceed $15,000, the fee  shall  be
18             $25.
19                  (B)  When (i) letters of office are issued to a
20             guardian  of  the  person or persons, but not of the
21             estate or (ii) letters of office are issued  in  the
22             estate  of  a  ward  without  administration  of the
23             estate, including filing or joining in the filing of
24             a tax return or releasing a mortgage  or  consenting
25             to the marriage of the ward, the fee shall be $10.
26             (3)  In   addition   to   the   fees  payable  under
27        subsection  (v)(1)  or  (v)(2)  of  this   Section,   the
28        following fees are payable:
29                  (A)  For  each  account  (other  than one final
30             account) filed in the estate of a decedent, or ward,
31             $15.
32                  (B)  For filing a claim in an estate  when  the
33             amount  claimed  is $150 or more but less than $500,
34             $10; when the amount claimed is  $500  or  more  but
 
SB199 Enrolled             -24-      LRB093 06333 DRJ 06452 b
 1             less  than  $10,000, $25; when the amount claimed is
 2             $10,000 or more, $40; provided  that  the  court  in
 3             allowing  a  claim may add to the amount allowed the
 4             filing fee paid by the claimant.
 5                  (C)  For filing in an estate a claim, petition,
 6             or supplemental  proceeding  based  upon  an  action
 7             seeking  equitable relief including the construction
 8             or contest of a will, enforcement of a  contract  to
 9             make  a will, and proceedings involving testamentary
10             trusts or the appointment of testamentary  trustees,
11             $40.
12                  (D)  For filing in an estate (i) the appearance
13             of any person for the purpose of consent or (ii) the
14             appearance    of    an    executor,   administrator,
15             administrator  to  collect,  guardian,  guardian  ad
16             litem, or special administrator, no fee.
17                  (E)  Except   as   provided    in    subsection
18             (v)(3)(D),  for  filing the appearance of any person
19             or persons, $10.
20                  (F)  For each jury demand, $102.50.
21                  (G)  For disposition of  the  collection  of  a
22             judgment  or  settlement  of  an action or claim for
23             wrongful death of a decedent  or  of  any  cause  of
24             action   of   a   ward,   when  there  is  no  other
25             administration of the estate, $30, less  any  amount
26             paid  under subsection (v)(1)(B) or (v)(2)(B) except
27             that if the amount involved does not exceed  $5,000,
28             the  fee, including any amount paid under subsection
29             (v)(1)(B) or (v)(2)(B), shall be $10.
30                  (H)  For each  certified  copy  of  letters  of
31             office,  of  court order or other certification, $1,
32             plus 50¢ per page in  excess  of  3  pages  for  the
33             document certified.
34                  (I)  For each exemplification, $1, plus the fee
 
SB199 Enrolled             -25-      LRB093 06333 DRJ 06452 b
 1             for certification.
 2             (4)  The    executor,    administrator,    guardian,
 3        petitioner,  or  other  interested  person  or his or her
 4        attorney shall pay the cost of publication by  the  clerk
 5        directly to the newspaper.
 6             (5)  The person on whose behalf a charge is incurred
 7        for   witness,   court   reporter,  appraiser,  or  other
 8        miscellaneous fee shall pay  the  same  directly  to  the
 9        person entitled thereto.
10             (6)  The    executor,    administrator,    guardian,
11        petitioner,  or  other  interested  person  or his or her
12        attorney shall pay  to  the  clerk  all  postage  charges
13        incurred  by  the  clerk  in  mailing  petitions, orders,
14        notices, or other documents pursuant to the provisions of
15        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, $80.
21                  (B)  Misdemeanor complaints, $50.
22                  (C)  Business offense complaints, $50.
23                  (D)  Petty offense complaints, $50.
24                  (E)  Minor  traffic  or  ordinance  violations,
25             $20.
26                  (F)  When court appearance required, $30.
27                  (G)  Motions to vacate or amend  final  orders,
28             $20.
29                  (H)  Motions  to vacate bond forfeiture orders,
30             $20.
31                  (I)  Motions  to  vacate  ex  parte  judgments,
32             whenever filed, $20.
33                  (J)  Motions to vacate judgment on forfeitures,
34             whenever filed, $20.
 
SB199 Enrolled             -26-      LRB093 06333 DRJ 06452 b
 1                  (K)  Motions to vacate "failure to  appear"  or
 2             "failure to comply" notices sent to the Secretary of
 3             State, $20.
 4             (2)  In  counties  having  a population in excess of
 5        180,000 but not more than 500,000 inhabitants,  when  the
 6        violation  complaint  is  issued  by  a  municipal police
 7        department, the clerk shall be  entitled  to  costs  from
 8        each person convicted therein as follows:
 9                  (A)  Minor  traffic  or  ordinance  violations,
10             $10.
11                  (B)  When court appearance required, $15.
12             (3)  In ordinance violation cases punishable by fine
13        only, the clerk of the circuit court shall be entitled to
14        receive,  unless the fee is excused upon a finding by the
15        court that the defendant  is  indigent,  in  addition  to
16        other fees or costs allowed or imposed by law, the sum of
17        $62.50 as a fee for the services of a jury.  The jury fee
18        shall  be paid by the defendant at the time of filing his
19        or her jury demand.  If the fee is not  so  paid  by  the
20        defendant, no jury shall be called, and the case shall be
21        tried by the court without a jury.
22    (x)  Transcripts of Judgment.
23             For  the  filing  of  a  transcript of judgment, the
24        clerk shall be entitled to the same fee as if it were the
25        commencement of a new suit.
26    (y)  Change of Venue.
27             (1)  For the filing of a change of case on a  change
28        of  venue, the clerk shall be entitled to the same fee as
29        if it were the commencement of a new suit.
30             (2)  The fee for the preparation  and  certification
31        of a record on a change of venue to another jurisdiction,
32        when original documents are forwarded, $25.
33    (z)  Tax objection complaints.
34             For  each  tax objection complaint containing one or
 
SB199 Enrolled             -27-      LRB093 06333 DRJ 06452 b
 1        more tax objections, regardless of the number of  parcels
 2        involved  or  the  number  of  taxpayers  joining  on the
 3        complaint, $25.
 4    (aa)  Tax Deeds.
 5             (1)  Petition for tax deed, if only  one  parcel  is
 6        involved, $150.
 7             (2)  For each additional parcel, add a fee of $50.
 8    (bb)  Collections.
 9             (1)  For  all collections made of others, except the
10        State and county  and  except  in  maintenance  or  child
11        support  cases,  a  sum  equal  to  2.5%  of  the  amount
12        collected and turned over.
13             (2)  Interest  earned on any funds held by the clerk
14        shall be turned over to the county  general  fund  as  an
15        earning of the office.
16             (3)  For  any check, draft, or other bank instrument
17        returned to the clerk for non-sufficient  funds,  account
18        closed, or payment stopped, $25.
19             (4)  In  child  support  and  maintenance cases, the
20        clerk, if authorized by an ordinance of the county board,
21        may collect an annual fee of up to $36  from  the  person
22        making  payment for maintaining child support records and
23        the processing of support orders to the State of Illinois
24        KIDS system and the recording of payments issued  by  the
25        State  Disbursement  Unit  for the official record of the
26        Court.  This fee shall be in  addition  to  and  separate
27        from  amounts  ordered to be paid as maintenance or child
28        support  and  shall  be   deposited   into   a   Separate
29        Maintenance  and  Child Support Collection Fund, of which
30        the clerk shall be the custodian, ex-officio, to be  used
31        by  the clerk to maintain child support orders and record
32        all payments issued by the State  Disbursement  Unit  for
33        the  official  record of the Court. The clerk may recover
34        from the person making the maintenance or  child  support
 
SB199 Enrolled             -28-      LRB093 06333 DRJ 06452 b
 1        payment   any  additional cost incurred in the collection
 2        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
 6        Law and these fees  shall  also  be  deposited  into  the
 7        Separate 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
12        office, to be charged against the party  that  filed  the
13        document, $15.
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"
18        means  an  agency  of  the  State  or  a  unit  of  local
19        government which is vested by law or ordinance  with  the
20        duty  to  maintain  public  order and to enforce criminal
21        laws or ordinances.  "Law enforcement agency" also  means
22        the Attorney General or any state's attorney.
23             (2)  No  fee provided herein shall be charged to any
24        unit of local government or school district.
25             (3)  The fee requirements of this Section shall  not
26        apply  to  any  action instituted under subsection (b) of
27        Section 11-31-1 of  the  Illinois  Municipal  Code  by  a
28        private owner or tenant of real property within 1200 feet
29        of  a  dangerous  or  unsafe  building  seeking  an order
30        compelling the owner or owners of the  building  to  take
31        any of the actions authorized under that subsection.
32             (4)  The  fee requirements of this Section shall not
33        apply  to  the  filing  of  any  commitment  petition  or
34        petition for an order authorizing the  administration  of
 
SB199 Enrolled             -29-      LRB093 06333 DRJ 06452 b
 1        authorized   involuntary   treatment   in   the  form  of
 2        medication under  the  Mental  Health  and  Developmental
 3        Disabilities Code.
 4    (ee)  Adoptions.
 5             (1)  For an adoption.............................$65
 6             (2)  Upon  good cause shown, the court may waive the
 7        adoption filing fee in a  special  needs  adoption.   The
 8        term  "special  needs  adoption"  shall  have the meaning
 9        ascribed to it by the Illinois Department of Children and
10        Family Services.
11    (ff)  Adoption exemptions.
12             No fee other than that set forth in subsection  (ee)
13        shall  be  charged  to  any  person in connection with an
14        adoption proceeding.
15    (Source: P.A. 91-321,  eff.  1-1-00;  91-612,  eff.  10-1-99;
16    92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)

17        (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
18        Sec.  27.2.  The  fees of the clerks of the circuit court
19    in all counties having a  population  in  excess  of  500,000
20    inhabitants  but  less  than  3,000,000  inhabitants  in  the
21    instances  described  in this Section shall be as provided in
22    this Section. In those instances where a minimum and  maximum
23    fee  is  stated,  counties with more than 500,000 inhabitants
24    but less than 3,000,000 inhabitants must charge  the  minimum
25    fee  listed  in this Section and may charge up to the maximum
26    fee if the county board has by resolution increased the  fee.
27    In  addition,  the  minimum  fees  authorized in this Section
28    shall apply to all  units  of  local  government  and  school
29    districts  in  counties with more than 3,000,000 inhabitants.
30    The fees shall be paid in advance and shall be as follows:
31    (a)  Civil Cases.
32             The fee for filing a complaint, petition,  or  other
33        pleading  initiating  a  civil action, with the following
 
SB199 Enrolled             -30-      LRB093 06333 DRJ 06452 b
 1        exceptions, shall be a minimum of $150 and a  maximum  of
 2        $190.
 3                  (A)  When the amount of money or damages or the
 4             value  of  personal property claimed does not exceed
 5             $250, a minimum of $10 and a maximum of $15.
 6                  (B)  When that amount exceeds $250 but does not
 7             exceed $1,000, a minimum of $20  and  a  maximum  of
 8             $40.
 9                  (C)  When  that  amount exceeds $1,000 but does
10             not exceed $2500, a minimum of $30 and a maximum  of
11             $50.
12                  (D)  When  that  amount  exceeds $2500 but does
13             not exceed $5,000, a minimum of $75 and a maximum of
14             $100.
15                  (D-5)  When the amount exceeds $5,000 but  does
16             not  exceed  $15,000, a minimum of $75 and a maximum
17             of $150.
18                  (E)  For the exercise of eminent domain,  $150.
19             For each additional lot or tract of land or right or
20             interest   therein  subject  to  be  condemned,  the
21             damages in respect to which shall  require  separate
22             assessment by a jury, $150.
23    (b)  Forcible Entry and Detainer.
24             In  each  forcible  entry and detainer case when the
25        plaintiff seeks possession only or unites with his or her
26        claim for possession of the property a claim for rent  or
27        damages  or  both  in  the  amount  of $15,000 or less, a
28        minimum of $40 and a maximum of $75. When  the  plaintiff
29        unites  his  or her claim for possession with a claim for
30        rent or damages or both exceeding $15,000, a  minimum  of
31        $150 and a maximum of $225.
32    (c)  Counterclaim or Joining Third Party Defendant.
33             When  any  defendant files a counterclaim as part of
34        his or her answer or otherwise or joins another party  as
 
SB199 Enrolled             -31-      LRB093 06333 DRJ 06452 b
 1        a third party defendant, or both, the defendant shall pay
 2        a  fee  for each counterclaim or third party action in an
 3        amount equal to the fee he or she would have had  to  pay
 4        had  he  or  she brought a separate action for the relief
 5        sought in the counterclaim or  against  the  third  party
 6        defendant, less the amount of the appearance fee, if that
 7        has been paid.
 8    (d)  Confession of Judgment.
 9             In a confession of judgment when the amount does not
10        exceed  $1500,  a  minimum  of  $50 and a maximum of $60.
11        When the  amount  exceeds  $1500,  but  does  not  exceed
12        $5,000, $75. When the amount exceeds $5,000, but does not
13        exceed  $15,000, $175. When the amount exceeds $15,000, a
14        minimum of $200 and a maximum of $250.
15    (e)  Appearance.
16             The fee for filing an appearance in each civil  case
17        shall be a minimum of $50 and a maximum of $75, except as
18        follows:
19                  (A)  When the plaintiff in a forcible entry and
20             detainer  case  seeks  possession only, a minimum of
21             $20 and a maximum of $40.
22                  (B)  When the  amount  in  the  case  does  not
23             exceed $1500, a minimum of $20 and a maximum of $40.
24                  (C)  When  the amount in the case exceeds $1500
25             but does not exceed $15,000, a minimum of $40 and  a
26             maximum of $60.
27    (f)  Garnishment, Wage Deduction, and Citation.
28             In  garnishment affidavit, wage deduction affidavit,
29        and citation petition when the  amount  does  not  exceed
30        $1,000,  a  minimum of $10 and a maximum of $15; when the
31        amount exceeds $1,000  but  does  not  exceed  $5,000,  a
32        minimum  of $20 and a maximum of $30; and when the amount
33        exceeds $5,000, a minimum of $30 and a maximum of $50.
34    (g)  Petition to Vacate or Modify.
 
SB199 Enrolled             -32-      LRB093 06333 DRJ 06452 b
 1             (1)  Petition to vacate or modify any final judgment
 2        or order of court, except in forcible entry and  detainer
 3        cases  and  small claims cases or a petition to reopen an
 4        estate, to modify, terminate, or enforce  a  judgment  or
 5        order  for  child  or  spousal  support,  or  to  modify,
 6        suspend,  or terminate an order for withholding, if filed
 7        before 30 days after the entry of the judgment or  order,
 8        a minimum of $40 and a maximum of $50.
 9             (2)  Petition to vacate or modify any final judgment
10        or   order   of  court,  except  a  petition  to  modify,
11        terminate, or enforce a judgment or order  for  child  or
12        spousal  support  or  to modify, suspend, or terminate an
13        order for withholding, if filed later than 30 days  after
14        the  entry of the judgment or order, a minimum of $60 and
15        a maximum of $75.
16             (3)  Petition to vacate order of bond forfeiture,  a
17        minimum of $20 and a maximum of $40.
18    (h)  Mailing.
19             When  the clerk is required to mail, the fee will be
20        a minimum of $6 and a maximum of $10, plus  the  cost  of
21        postage.
22    (i)  Certified Copies.
23             Each  certified  copy of a judgment after the first,
24        except in small claims and forcible  entry  and  detainer
25        cases, a minimum of $10 and a maximum of $15.
26    (j)  Habeas Corpus.
27             For filing a petition for relief by habeas corpus, a
28        minimum of $80 and a maximum of $125.
29    (k)  Certification, Authentication, and Reproduction.
30             (1)  Each certification or authentication for taking
31        the  acknowledgment  of  a  deed  or  other instrument in
32        writing with the seal of office, a minimum of  $4  and  a
33        maximum of $6.
34             (2)  Court   appeals  when  original  documents  are
 
SB199 Enrolled             -33-      LRB093 06333 DRJ 06452 b
 1        forwarded, under 100 pages, plus delivery  and  costs,  a
 2        minimum of $50 and a maximum of $75.
 3             (3)  Court   appeals  when  original  documents  are
 4        forwarded, over 100 pages, plus  delivery  and  costs,  a
 5        minimum of $120 and a maximum of $150.
 6             (4)  Court   appeals  when  original  documents  are
 7        forwarded, over 200 pages, an additional fee of a minimum
 8        of 20 and a maximum of 25 cents per page.
 9             (5)  For reproduction of any document  contained  in
10        the clerk's files:
11                  (A)  First page, $2.
12                  (B)  Next 19 pages, 50 cents per page.
13                  (C)  All remaining pages, 25 cents per page.
14    (l)  Remands.
15             In any cases remanded to the Circuit Court  from the
16        Supreme Court or the Appellate Court for a new trial, the
17        clerk  shall  file  the remanding order and reinstate the
18        case with either its original number or a new number. The
19        Clerk shall not charge any new or additional fee for  the
20        reinstatement.  Upon reinstatement the Clerk shall advise
21        the parties of the reinstatement.  A party shall have the
22        same right to a jury trial on remand and reinstatement as
23        he or she had before the appeal, and no additional or new
24        fee or charge shall  be  made  for  a  jury  trial  after
25        remand.
26    (m)  Record Search.
27             For   each  record  search,  within  a  division  or
28        municipal district, the clerk  shall  be  entitled  to  a
29        search  fee  of  a  minimum of $4 and a maximum of $6 for
30        each year searched.
31    (n)  Hard Copy.
32             For each page of hard copy print output,  when  case
33        records  are maintained on an automated medium, the clerk
34        shall be entitled to a fee of  a  minimum  of  $4  and  a
 
SB199 Enrolled             -34-      LRB093 06333 DRJ 06452 b
 1        maximum of $6.
 2    (o)  Index Inquiry and Other Records.
 3             No    fee    shall   be   charged   for   a   single
 4        plaintiff/defendant index inquiry or single  case  record
 5        inquiry  when  this  request  is  made  in person and the
 6        records are maintained in a current automated medium, and
 7        when no hard copy print output is requested.  The fees to
 8        be charged for management records, multiple case records,
 9        and multiple journal records  may  be  specified  by  the
10        Chief  Judge  pursuant  to  the guidelines for access and
11        dissemination of  information  approved  by  the  Supreme
12        Court.
13    (p)  (Blank).  Commitment Petitions.
14             For  filing  commitment  petitions  under the Mental
15        Health and Developmental Disabilities Code, a minimum  of
16        $25 and a maximum of $50.
17    (q)  Alias Summons.
18             For  each  alias  summons  or citation issued by the
19        clerk, a minimum of $4 and a maximum of $5.
20    (r)  Other Fees.
21             Any fees not covered in this Section shall be set by
22        rule or administrative order of the  Circuit  Court  with
23        the approval of the Administrative Office of the Illinois
24        Courts.
25             The   clerk   of   the  circuit  court  may  provide
26        additional services for which there is no  fee  specified
27        by  statute  in  connection  with  the  operation  of the
28        clerk's office as may be  requested  by  the  public  and
29        agreed to by the clerk and approved by the chief judge of
30        the  circuit  court.  Any charges for additional services
31        shall be as agreed to between the  clerk  and  the  party
32        making the request and approved by the chief judge of the
33        circuit  court.   Nothing  in  this  subsection  shall be
34        construed to require any clerk to provide any service not
 
SB199 Enrolled             -35-      LRB093 06333 DRJ 06452 b
 1        otherwise required by law.
 2    (s)  Jury Services.
 3             The clerk shall be entitled to receive, in  addition
 4        to  other  fees  allowed  by law, the sum of a minimum of
 5        $192.50 and a maximum  of  $212.50,  as  a  fee  for  the
 6        services   of   a   jury   in   every  civil  action  not
 7        quasi-criminal in its nature and not a proceeding for the
 8        exercise of the right of  eminent  domain  and  in  every
 9        other action wherein the right of trial by jury is or may
10        be given by law.  The jury fee shall be paid by the party
11        demanding  a  jury at the time of filing the jury demand.
12        If the fee is not paid by either party, no jury shall  be
13        called in the action or proceeding, and the same shall be
14        tried by the court without a jury.
15    (t)  Voluntary Assignment.
16             For  filing  each  deed  of  voluntary assignment, a
17        minimum of $10 and a maximum of $20;  for  recording  the
18        same,  a minimum of 25¢ and a maximum of 50¢ for each 100
19        words.   Exceptions  filed  to  claims  presented  to  an
20        assignee  of a debtor who has made a voluntary assignment
21        for the benefit of  creditors  shall  be  considered  and
22        treated,  for  the  purpose  of  taxing costs therein, as
23        actions  in  which  the  party  or  parties  filing   the
24        exceptions  shall  be  considered  as  party  or  parties
25        plaintiff,  and  the  claimant  or  claimants as party or
26        parties defendant, and those parties  respectively  shall
27        pay  to  the  clerk  the  same  fees  as provided by this
28        Section to be paid in other actions.
29    (u)  Expungement Petition.
30             The clerk shall be entitled to receive a  fee  of  a
31        minimum  of $30 and a maximum of $60 for each expungement
32        petition filed and an additional fee of a minimum  of  $2
33        and  a maximum of $4 for  each certified copy of an order
34        to expunge arrest records.
 
SB199 Enrolled             -36-      LRB093 06333 DRJ 06452 b
 1    (v)  Probate.
 2             The clerk is entitled to receive the fees  specified
 3        in  this  subsection (v), which shall be paid in advance,
 4        except that, for good cause shown, the court may suspend,
 5        reduce,  or  release  the  costs   payable   under   this
 6        subsection:
 7             (1)  For  administration of the estate of a decedent
 8        (whether testate or intestate) or of a missing person,  a
 9        minimum  of  $100  and  a  maximum of $150, plus the fees
10        specified in subsection (v)(3), except:
11                  (A)  When the value of the  real  and  personal
12             property does not exceed $15,000, the fee shall be a
13             minimum of $25 and a maximum of $40.
14                  (B)  When  (i) proof of heirship alone is made,
15             (ii) a domestic  or  foreign  will  is  admitted  to
16             probate  without  administration (including proof of
17             heirship), or (iii) letters of office are issued for
18             a particular purpose without administration  of  the
19             estate,  the  fee  shall  be  a minimum of $25 and a
20             maximum of $40.
21             (2)  For administration of the estate of a  ward,  a
22        minimum  of  $50  and  a  maximum  of  $75, plus the fees
23        specified in subsection (v)(3), except:
24                  (A)  When the value of the  real  and  personal
25             property does not exceed $15,000, the fee shall be a
26             minimum of $25 and a maximum of $40.
27                  (B)  When (i) letters of office are issued to a
28             guardian  of  the  person or persons, but not of the
29             estate or (ii) letters of office are issued  in  the
30             estate  of  a  ward  without  administration  of the
31             estate, including filing or joining in the filing of
32             a tax return or releasing a mortgage  or  consenting
33             to  the  marriage  of  the  ward, the fee shall be a
34             minimum of $10 and a maximum of $20.
 
SB199 Enrolled             -37-      LRB093 06333 DRJ 06452 b
 1             (3)  In  addition  to   the   fees   payable   under
 2        subsection   (v)(1)   or  (v)(2)  of  this  Section,  the
 3        following fees are payable:
 4                  (A)  For each account  (other  than  one  final
 5             account) filed in the estate of a decedent, or ward,
 6             a minimum of $15 and a maximum of $25.
 7                  (B)  For  filing  a claim in an estate when the
 8             amount claimed is $150 or more but less than $500, a
 9             minimum of $10 and a maximum of $20; when the amount
10             claimed is $500 or more but  less  than  $10,000,  a
11             minimum of $25 and a maximum of $40; when the amount
12             claimed  is  $10,000 or more, a minimum of $40 and a
13             maximum of $60; provided that the court in  allowing
14             a claim may add to the amount allowed the filing fee
15             paid by the claimant.
16                  (C)  For filing in an estate a claim, petition,
17             or  supplemental  proceeding   based  upon an action
18             seeking equitable relief including the  construction
19             or  contest  of a will, enforcement of a contract to
20             make a will, and proceedings involving  testamentary
21             trusts  or the appointment of testamentary trustees,
22             a minimum of $40 and a maximum of $60.
23                  (D)  For filing in an estate (i) the appearance
24             of any person for the purpose of consent or (ii) the
25             appearance   of    an    executor,    administrator,
26             administrator  to  collect,  guardian,  guardian  ad
27             litem, or special administrator, no fee.
28                  (E)  Except    as    provided   in   subsection
29             (v)(3)(D), for filing the appearance of  any  person
30             or persons, a minimum of $10 and a maximum of $30.
31                  (F)  For each jury demand, a minimum of $102.50
32             and a maximum of $137.50.
33                  (G)  For  disposition  of  the  collection of a
34             judgment or settlement of an  action  or  claim  for
 
SB199 Enrolled             -38-      LRB093 06333 DRJ 06452 b
 1             wrongful  death  of  a  decedent  or of any cause of
 2             action  of  a  ward,  when   there   is   no   other
 3             administration of the estate, a minimum of $30 and a
 4             maximum   of   $50,   less  any  amount  paid  under
 5             subsection (v)(1)(B) or (v)(2)(B) except that if the
 6             amount involved does not  exceed  $5,000,  the  fee,
 7             including any amount paid under subsection (v)(1)(B)
 8             or  (v)(2)(B),  shall  be  a  minimum  of  $10 and a
 9             maximum of $20.
10                  (H)  For each  certified  copy  of  letters  of
11             office,  of  court  order  or other certification, a
12             minimum of $1 and a maximum of $2, plus a minimum of
13             50¢ and a maximum of $1 per  page  in  excess  of  3
14             pages for the document certified.
15                  (I)  For  each exemplification, a minimum of $1
16             and a maximum of $2, plus the fee for certification.
17             (4)  The    executor,    administrator,    guardian,
18        petitioner, or other interested  person  or  his  or  her
19        attorney  shall  pay the cost of publication by the clerk
20        directly to the newspaper.
21             (5)  The person on whose behalf a charge is incurred
22        for  witness,  court  reporter,   appraiser,   or   other
23        miscellaneous  fee  shall  pay  the  same directly to the
24        person entitled thereto.
25             (6)  The    executor,    administrator,    guardian,
26        petitioner, or other interested person  or  his  attorney
27        shall  pay  to  the clerk all postage charges incurred by
28        the clerk in mailing petitions, orders, notices, or other
29        documents pursuant to the provisions of the  Probate  Act
30        of 1975.
31    (w)  Criminal and Quasi-Criminal Costs and Fees.
32             (1)  The  clerk  shall  be  entitled to costs in all
33        criminal  and  quasi-criminal  cases  from  each   person
34        convicted or sentenced to supervision therein as follows:
 
SB199 Enrolled             -39-      LRB093 06333 DRJ 06452 b
 1                  (A)  Felony  complaints, a minimum of $80 and a
 2             maximum of $125.
 3                  (B)  Misdemeanor complaints, a minimum  of  $50
 4             and a maximum of $75.
 5                  (C)  Business  offense complaints, a minimum of
 6             $50 and a maximum of $75.
 7                  (D)  Petty offense complaints, a minimum of $50
 8             and a maximum of $75.
 9                  (E)  Minor  traffic  or  ordinance  violations,
10             $20.
11                  (F)  When court appearance required, $30.
12                  (G)  Motions to vacate or amend final orders, a
13             minimum of $20 and a maximum of $40.
14                  (H)  Motions to vacate bond forfeiture  orders,
15             a minimum of $20 and a maximum of $30.
16                  (I)  Motions  to  vacate  ex  parte  judgments,
17             whenever  filed,  a  minimum of $20 and a maximum of
18             $30.
19                  (J)  Motions to vacate judgment on forfeitures,
20             whenever filed, a minimum of $20 and  a  maximum  of
21             $25.
22                  (K)  Motions  to  vacate "failure to appear" or
23             "failure to comply" notices sent to the Secretary of
24             State, a minimum of $20 and a maximum of $40.
25             (2)  In counties having a population  of  more  than
26        500,000  but  fewer  than 3,000,000 inhabitants, when the
27        violation complaint  is  issued  by  a  municipal  police
28        department,  the  clerk  shall  be entitled to costs from
29        each person convicted therein as follows:
30                  (A)  Minor  traffic  or  ordinance  violations,
31             $10.
32                  (B)  When court appearance required, $15.
33             (3)  In ordinance violation cases punishable by fine
34        only, the clerk of the circuit court shall be entitled to
 
SB199 Enrolled             -40-      LRB093 06333 DRJ 06452 b
 1        receive, unless the fee is excused upon a finding by  the
 2        court  that  the  defendant  is  indigent, in addition to
 3        other fees or costs allowed or imposed by law, the sum of
 4        a minimum of $50 and a maximum of $112.50 as  a  fee  for
 5        the  services  of  a jury.  The jury fee shall be paid by
 6        the defendant at the time  of  filing  his  or  her  jury
 7        demand.   If  the fee is not so paid by the defendant, no
 8        jury shall be called, and the case shall be tried by  the
 9        court without a jury.
10    (x)  Transcripts of Judgment.
11             For  the  filing  of  a  transcript of judgment, the
12        clerk shall be entitled to the same fee as if it were the
13        commencement of new suit.
14    (y)  Change of Venue.
15             (1)  For the filing of a change of case on a  change
16        of  venue, the clerk shall be entitled to the same fee as
17        if it were the commencement of a new suit.
18             (2)  The fee for the preparation  and  certification
19        of a record on a change of venue to another jurisdiction,
20        when  original  documents are forwarded, a minimum of $25
21        and a maximum of $40.
22    (z)  Tax objection complaints.
23             For each tax objection complaint containing  one  or
24        more  tax objections, regardless of the number of parcels
25        involved or  the  number  of  taxpayers  joining  in  the
26        complaint, a minimum of $25 and a maximum of $50.
27    (aa)  Tax Deeds.
28             (1)  Petition  for  tax  deed, if only one parcel is
29        involved, a minimum of $150 and a maximum of $250.
30             (2)  For each additional parcel,  add  a  fee  of  a
31        minimum of $50 and a maximum of $100.
32    (bb)  Collections.
33             (1)  For  all collections made of others, except the
34        State and county  and  except  in  maintenance  or  child
 
SB199 Enrolled             -41-      LRB093 06333 DRJ 06452 b
 1        support  cases,  a  sum  equal to a minimum of 2.5% and a
 2        maximum of 3.0% of the amount collected and turned over.
 3             (2)  Interest earned on any funds held by the  clerk
 4        shall  be  turned  over  to the county general fund as an
 5        earning of the office.
 6             (3)  For any check, draft, or other bank  instrument
 7        returned  to  the clerk for non-sufficient funds, account
 8        closed, or payment stopped, $25.
 9             (4)  In child support  and  maintenance  cases,  the
10        clerk, if authorized by an ordinance of the county board,
11        may  collect  an  annual fee of up to $36 from the person
12        making payment for maintaining child support records  and
13        the processing of support orders to the State of Illinois
14        KIDS  system  and the recording of payments issued by the
15        State Disbursement Unit for the official  record  of  the
16        Court. This fee shall be in addition to and separate from
17        amounts  ordered  to  be  paid  as  maintenance  or child
18        support  and  shall  be   deposited   into   a   Separate
19        Maintenance  and  Child Support Collection Fund, of which
20        the clerk shall be the custodian, ex-officio, to be  used
21        by  the clerk to maintain child support orders and record
22        all payments issued by the State  Disbursement  Unit  for
23        the  official  record of the Court. The clerk may recover
24        from the person making the maintenance or  child  support
25        payment any additional cost incurred in the collection of
26        this annual fee.
27             The  clerk shall also be entitled to a fee of $5 for
28        certifications made to the Secretary of State as provided
29        in Section 7-703 of the Family  Financial  Responsibility
30        Law  and  these  fees  shall  also  be deposited into the
31        Separate Maintenance and Child Support Collection Fund.
32    (cc)  Corrections of Numbers.
33             For correction of the case number,  case  title,  or
34        attorney  computer  identification number, if required by
 
SB199 Enrolled             -42-      LRB093 06333 DRJ 06452 b
 1        rule of court, on  any  document  filed  in  the  clerk's
 2        office,  to  be  charged against the party that filed the
 3        document, a minimum of $15 and a maximum of $25.
 4    (dd)  Exceptions.
 5             The fee requirements of this Section shall not apply
 6        to police departments or other law enforcement  agencies.
 7        In this Section, "law enforcement agency" means an agency
 8        of  the  State  or  a  unit  of local government which is
 9        vested by law or ordinance  with  the  duty  to  maintain
10        public  order and to enforce criminal laws or ordinances.
11        "Law enforcement agency" also means the Attorney  General
12        or  any  state's  attorney.  The fee requirements of this
13        Section shall not apply to any  action  instituted  under
14        subsection   (b)  of  Section  11-31-1  of  the  Illinois
15        Municipal Code by a  private  owner  or  tenant  of  real
16        property  within  1200  feet  of  a  dangerous  or unsafe
17        building seeking an order compelling the owner or  owners
18        of  the  building  to  take any of the actions authorized
19        under that subsection.
20             The fee requirements of this Section shall not apply
21        to the filing of any commitment petition or petition  for
22        an  order  authorizing  the  administration of authorized
23        involuntary treatment in the form of medication under the
24        Mental Health and Developmental Disabilities Code.
25    (ee)  Adoptions.
26             (1)  For an adoption.............................$65
27             (2)  Upon good cause shown, the court may waive  the
28        adoption  filing  fee  in  a special needs adoption.  The
29        term "special needs  adoption"  shall  have  the  meaning
30        ascribed to it by the Illinois Department of Children and
31        Family Services.
32    (ff)  Adoption exemptions.
33             No  fee other than that set forth in subsection (ee)
34        shall be charged to any  person  in  connection  with  an
 
SB199 Enrolled             -43-      LRB093 06333 DRJ 06452 b
 1        adoption proceeding.
 2    (Source: P.A.  91-321,  eff.  1-1-00;  91-612,  eff. 10-1-99;
 3    92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)

 4        (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
 5        Sec. 27.2a.  The fees of the clerks of the circuit  court
 6    in  all  counties  having  a  population of 3,000,000 or more
 7    inhabitants in the instances described in this Section  shall
 8    be  as  provided in this Section.  In those instances where a
 9    minimum and maximum fee is stated, the clerk of  the  circuit
10    court must charge the minimum fee listed and may charge up to
11    the  maximum  fee  if  the  county  board  has  by resolution
12    increased the fee. The fees shall  be  paid  in  advance  and
13    shall be as follows:
14    (a)  Civil Cases.
15             The  fee  for filing a complaint, petition, or other
16        pleading initiating a civil action,  with  the  following
17        exceptions,  shall  be a minimum of $190 and a maximum of
18        $240.
19                  (A)  When the amount of money or damages or the
20             value of personal property claimed does  not  exceed
21             $250, a minimum of $15 and a maximum of $22.
22                  (B)  When that amount exceeds $250 but does not
23             exceed $1000, a minimum of $40 and a maximum of $75.
24                  (C)  When  that  amount  exceeds $1000 but does
25             not exceed $2500, a minimum of $50 and a maximum  of
26             $80.
27                  (D)  When  that  amount  exceeds $2500 but does
28             not exceed $5000, a minimum of $100 and a maximum of
29             $130.
30                  (E)  When that amount exceeds  $5000  but  does
31             not exceed $15,000, $150.
32                  (F)  For  the exercise of eminent domain, $150.
33             For each additional lot or tract of land or right or
 
SB199 Enrolled             -44-      LRB093 06333 DRJ 06452 b
 1             interest  therein  subject  to  be  condemned,   the
 2             damages  in  respect to which shall require separate
 3             assessment by a jury, $150.
 4                  (G)  For the final  determination  of  parking,
 5             standing,   and   compliance  violations  and  final
 6             administrative  decisions  issued   after   hearings
 7             regarding  vehicle  immobilization  and  impoundment
 8             made  pursuant  to  Sections  3-704.1,  6-306.5, and
 9             11-208.3 of the Illinois Vehicle Code, $25.
10    (b)  Forcible Entry and Detainer.
11             In each forcible entry and detainer  case  when  the
12        plaintiff seeks possession only or unites with his or her
13        claim  for possession of the property a claim for rent or
14        damages or both in the  amount  of  $15,000  or  less,  a
15        minimum of $75 and a maximum of $140.  When the plaintiff
16        unites  his  or her claim for possession with a claim for
17        rent or damages or both exceeding $15,000, a  minimum  of
18        $225 and a maximum of $335.
19    (c)  Counterclaim or Joining Third Party Defendant.
20             When  any  defendant files a counterclaim as part of
21        his or her answer or otherwise or joins another party  as
22        a third party defendant, or both, the defendant shall pay
23        a  fee  for each counterclaim or third party action in an
24        amount equal to the fee he or she would have had  to  pay
25        had  he  or  she brought a separate action for the relief
26        sought in the counterclaim or  against  the  third  party
27        defendant, less the amount of the appearance fee, if that
28        has been paid.
29    (d)  Confession of Judgment.
30             In a confession of judgment when the amount does not
31        exceed  $1500,  a  minimum  of  $60 and a maximum of $70.
32        When the amount exceeds $1500, but does not exceed $5000,
33        a minimum of $75 and a maximum of $150. When  the  amount
34        exceeds  $5000, but does not exceed $15,000, a minimum of
 
SB199 Enrolled             -45-      LRB093 06333 DRJ 06452 b
 1        $175 and a maximum  of  $260.  When  the  amount  exceeds
 2        $15,000, a minimum of $250 and a maximum of $310.
 3    (e)  Appearance.
 4             The  fee for filing an appearance in each civil case
 5        shall be a minimum of $75 and a maximum of  $110,  except
 6        as follows:
 7                  (A)  When the plaintiff in a forcible entry and
 8             detainer  case  seeks  possession only, a minimum of
 9             $40 and a maximum of $80.
10                  (B)  When the  amount  in  the  case  does  not
11             exceed $1500, a minimum of $40 and a maximum of $80.
12                  (C)  When  that  amount  exceeds $1500 but does
13             not exceed $15,000, a minimum of $60 and  a  maximum
14             of $90.
15    (f)  Garnishment, Wage Deduction, and Citation.
16             In  garnishment affidavit, wage deduction affidavit,
17        and citation petition when the  amount  does  not  exceed
18        $1,000,  a  minimum of $15 and a maximum of $25; when the
19        amount exceeds $1,000  but  does  not  exceed  $5,000,  a
20        minimum  of $30 and a maximum of $45; and when the amount
21        exceeds $5,000, a minimum of $50 and a maximum of $80.
22    (g)  Petition to Vacate or Modify.
23             (1)  Petition to vacate or modify any final judgment
24        or order of court, except in forcible entry and  detainer
25        cases  and  small claims cases or a petition to reopen an
26        estate, to modify, terminate, or enforce  a  judgment  or
27        order  for  child  or  spousal  support,  or  to  modify,
28        suspend,  or terminate an order for withholding, if filed
29        before 30 days after the entry of the judgment or  order,
30        a minimum of $50 and a maximum of $60.
31             (2)  Petition to vacate or modify any final judgment
32        or   order   of  court,  except  a  petition  to  modify,
33        terminate, or enforce a judgment or order  for  child  or
34        spousal  support  or  to modify, suspend, or terminate an
 
SB199 Enrolled             -46-      LRB093 06333 DRJ 06452 b
 1        order for withholding, if filed later than 30 days  after
 2        the  entry of the judgment or order, a minimum of $75 and
 3        a maximum of $90.
 4             (3)  Petition to vacate order of bond forfeiture,  a
 5        minimum of $40 and a maximum of $80.
 6    (h)  Mailing.
 7             When  the clerk is required to mail, the fee will be
 8        a minimum of $10 and a maximum of $15, plus the  cost  of
 9        postage.
10    (i)  Certified Copies.
11             Each  certified  copy of a judgment after the first,
12        except in small claims and forcible  entry  and  detainer
13        cases, a minimum of $15 and a maximum of $20.
14    (j)  Habeas Corpus.
15             For filing a petition for relief by habeas corpus, a
16        minimum of $125 and a maximum of $190.
17    (k)  Certification, Authentication, and Reproduction.
18             (1)  Each certification or authentication for taking
19        the  acknowledgment  of  a  deed  or  other instrument in
20        writing with the seal of office, a minimum of  $6  and  a
21        maximum of $9.
22             (2)  Court   appeals  when  original  documents  are
23        forwarded, under 100 pages, plus delivery  and  costs,  a
24        minimum of $75 and a maximum of $110.
25             (3)  Court   appeals  when  original  documents  are
26        forwarded, over 100 pages, plus  delivery  and  costs,  a
27        minimum of $150 and a maximum of $185.
28             (4)  Court   appeals  when  original  documents  are
29        forwarded, over 200 pages, an additional fee of a minimum
30        of 25 and a maximum of 30 cents per page.
31             (5)  For reproduction of any document  contained  in
32        the clerk's files:
33                  (A)  First page, $2.
34                  (B)  Next 19 pages, 50 cents per page.
 
SB199 Enrolled             -47-      LRB093 06333 DRJ 06452 b
 1                  (C)  All remaining pages, 25 cents per page.
 2    (l)  Remands.
 3             In any cases remanded to the Circuit Court  from the
 4        Supreme Court or the Appellate Court for a new trial, the
 5        clerk  shall  file  the remanding order and reinstate the
 6        case with either its original number  or  a  new  number.
 7        The  Clerk shall not charge any new or additional fee for
 8        the reinstatement.  Upon reinstatement  the  Clerk  shall
 9        advise  the  parties of the reinstatement.  A party shall
10        have the same  right  to  a  jury  trial  on  remand  and
11        reinstatement  as he or she had before the appeal, and no
12        additional or new fee or charge shall be made for a  jury
13        trial after remand.
14    (m)  Record Search.
15             For   each  record  search,  within  a  division  or
16        municipal district, the clerk  shall  be  entitled  to  a
17        search  fee  of  a  minimum of $6 and a maximum of $9 for
18        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  $6  and  a
23        maximum of $9.
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
27        inquiry  when  this  request  is  made  in person and the
28        records are maintained in a current automated medium, and
29        when no hard copy print output is requested.  The fees to
30        be charged for management records, multiple case records,
31        and multiple journal records  may  be  specified  by  the
32        Chief  Judge  pursuant  to  the guidelines for access and
33        dissemination of  information  approved  by  the  Supreme
34        Court.
 
SB199 Enrolled             -48-      LRB093 06333 DRJ 06452 b
 1    (p)  (Blank).  Commitment Petitions.
 2             For  filing  commitment  petitions  under the Mental
 3        Health and Developmental Disabilities Code, a minimum  of
 4        $50 and a maximum of $100.
 5    (q)  Alias Summons.
 6             For  each  alias  summons  or citation issued by the
 7        clerk, a minimum of $5 and a maximum of $6.
 8    (r)  Other Fees.
 9             Any fees not covered in this Section shall be set by
10        rule or administrative order of the  Circuit  Court  with
11        the approval of the Administrative Office of the Illinois
12        Courts.
13             The   clerk   of   the  circuit  court  may  provide
14        additional services for which there is no  fee  specified
15        by  statute  in  connection  with  the  operation  of the
16        clerk's office as may be  requested  by  the  public  and
17        agreed to by the clerk and approved by the chief judge of
18        the  circuit  court.  Any charges for additional services
19        shall be as agreed to between the  clerk  and  the  party
20        making the request and approved by the chief judge of the
21        circuit  court.   Nothing  in  this  subsection  shall be
22        construed to require any clerk to provide any service not
23        otherwise required by law.
24    (s)  Jury Services.
25             The clerk shall be entitled to receive, in  addition
26        to  other  fees  allowed  by law, the sum of a minimum of
27        $212.50 and maximum of $230, as a fee for the services of
28        a jury in every civil action not  quasi-criminal  in  its
29        nature and not a proceeding for the exercise of the right
30        of  eminent  domain and in every other action wherein the
31        right of trial by jury is or may be given  by  law.   The
32        jury  fee  shall be paid by the party demanding a jury at
33        the time of filing the jury demand.  If the  fee  is  not
34        paid  by  either  party,  no  jury shall be called in the
 
SB199 Enrolled             -49-      LRB093 06333 DRJ 06452 b
 1        action or proceeding, and the same shall be tried by  the
 2        court without a jury.
 3    (t)  Voluntary Assignment.
 4             For  filing  each  deed  of  voluntary assignment, a
 5        minimum of $20 and a maximum of $40;  for  recording  the
 6        same,  a  minimum  of 50¢ and a maximum of $0.80 for each
 7        100 words. Exceptions filed to  claims  presented  to  an
 8        assignee  of a debtor who has made a voluntary assignment
 9        for the benefit of  creditors  shall  be  considered  and
10        treated,  for  the  purpose  of  taxing costs therein, as
11        actions  in  which  the  party  or  parties  filing   the
12        exceptions  shall  be  considered  as  party  or  parties
13        plaintiff,  and  the  claimant  or  claimants as party or
14        parties defendant, and those parties  respectively  shall
15        pay  to  the  clerk  the  same  fees  as provided by this
16        Section to be paid in other actions.
17    (u)  Expungement Petition.
18             The clerk shall be entitled to receive a  fee  of  a
19        minimum of $60 and a maximum of $120 for each expungement
20        petition  filed  and an additional fee of a minimum of $4
21        and a maximum of $8 for  each certified copy of an  order
22        to expunge arrest records.
23    (v)  Probate.
24             The  clerk is entitled to receive the fees specified
25        in this subsection (v), which shall be paid  in  advance,
26        except that, for good cause shown, the court may suspend,
27        reduce,   or   release   the  costs  payable  under  this
28        subsection:
29             (1)  For administration of the estate of a  decedent
30        (whether  testate or intestate) or of a missing person, a
31        minimum of $150 and a maximum  of  $225,  plus  the  fees
32        specified in subsection (v)(3), except:
33                  (A)  When  the  value  of the real and personal
34             property does not exceed $15,000, the fee shall be a
 
SB199 Enrolled             -50-      LRB093 06333 DRJ 06452 b
 1             minimum of $40 and a maximum of $65.
 2                  (B)  When (i) proof of heirship alone is  made,
 3             (ii)  a  domestic  or  foreign  will  is admitted to
 4             probate without administration (including  proof  of
 5             heirship), or (iii) letters of office are issued for
 6             a  particular  purpose without administration of the
 7             estate, the fee shall be a  minimum  of  $40  and  a
 8             maximum of $65.
 9             (2)  For  administration  of the estate of a ward, a
10        minimum of $75 and a  maximum  of  $110,  plus  the  fees
11        specified in subsection (v)(3), except:
12                  (A)  When  the  value  of the real and personal
13             property does not exceed $15,000, the fee shall be a
14             minimum of $40 and a maximum of $65.
15                  (B)  When (i) letters of office are issued to a
16             guardian of the person or persons, but  not  of  the
17             estate  or  (ii) letters of office are issued in the
18             estate of  a  ward  without  administration  of  the
19             estate, including filing or joining in the filing of
20             a  tax  return or releasing a mortgage or consenting
21             to the marriage of the ward,  the  fee  shall  be  a
22             minimum of $20 and a maximum of $40.
23             (3)  In   addition   to   the   fees  payable  under
24        subsection  (v)(1)  or  (v)(2)  of  this   Section,   the
25        following fees are payable:
26                  (A)  For  each  account  (other  than one final
27             account) filed in the estate of a decedent, or ward,
28             a minimum of $25 and a maximum of $40.
29                  (B)  For filing a claim in an estate  when  the
30             amount claimed is $150 or more but less than $500, a
31             minimum of $20 and a maximum of $40; when the amount
32             claimed  is  $500  or  more but less than $10,000, a
33             minimum of $40 and a maximum of $65; when the amount
34             claimed is $10,000 or more, a minimum of $60  and  a
 
SB199 Enrolled             -51-      LRB093 06333 DRJ 06452 b
 1             maximum  of $90; provided that the court in allowing
 2             a claim may add to the amount allowed the filing fee
 3             paid by the claimant.
 4                  (C)  For filing in an estate a claim, petition,
 5             or supplemental  proceeding  based  upon  an  action
 6             seeking  equitable relief including the construction
 7             or contest of a will, enforcement of a  contract  to
 8             make  a will, and proceedings involving testamentary
 9             trusts or the appointment of testamentary  trustees,
10             a minimum of $60 and a maximum of $90.
11                  (D)  For filing in an estate (i) the appearance
12             of any person for the purpose of consent or (ii) the
13             appearance    of    an    executor,   administrator,
14             administrator  to  collect,  guardian,  guardian  ad
15             litem, or special administrator, no fee.
16                  (E)  Except   as   provided    in    subsection
17             (v)(3)(D),  for  filing the appearance of any person
18             or persons, a minimum of $30 and a maximum of $90.
19                  (F)  For each jury demand, a minimum of $137.50
20             and a maximum of $180.
21                  (G)  For disposition of  the  collection  of  a
22             judgment  or  settlement  of  an action or claim for
23             wrongful death of a decedent  or  of  any  cause  of
24             action   of   a   ward,   when  there  is  no  other
25             administration of the estate, a minimum of $50 and a
26             maximum  of  $80,  less  any   amount   paid   under
27             subsection (v)(1)(B) or (v)(2)(B) except that if the
28             amount  involved  does  not  exceed $5,000, the fee,
29             including any amount paid under subsection (v)(1)(B)
30             or (v)(2)(B), shall  be  a  minimum  of  $20  and  a
31             maximum of $40.
32                  (H)  For  each  certified  copy  of  letters of
33             office, of court order  or  other  certification,  a
34             minimum  of $2 and a maximum of $4, plus $1 per page
 
SB199 Enrolled             -52-      LRB093 06333 DRJ 06452 b
 1             in excess of 3 pages for the document certified.
 2                  (I)  For each exemplification, $2, plus the fee
 3             for certification.
 4             (4)  The    executor,    administrator,    guardian,
 5        petitioner, or other interested  person  or  his  or  her
 6        attorney  shall  pay the cost of publication by the clerk
 7        directly to the newspaper.
 8             (5)  The person on whose behalf a charge is incurred
 9        for  witness,  court  reporter,   appraiser,   or   other
10        miscellaneous  fee  shall  pay  the  same directly to the
11        person entitled thereto.
12             (6)  The    executor,    administrator,    guardian,
13        petitioner, or other interested  person  or  his  or  her
14        attorney  shall  pay  to  the  clerk  all postage charges
15        incurred by  the  clerk  in  mailing  petitions,  orders,
16        notices, or other documents pursuant to the provisions of
17        the Probate Act of 1975.
18    (w)  Criminal and Quasi-Criminal Costs and Fees.
19             (1)  The  clerk  shall  be  entitled to costs in all
20        criminal  and  quasi-criminal  cases  from  each   person
21        convicted or sentenced to supervision therein as follows:
22                  (A)  Felony complaints, a minimum of $125 and a
23             maximum of $190.
24                  (B)  Misdemeanor  complaints,  a minimum of $75
25             and a maximum of $110.
26                  (C)  Business offense complaints, a minimum  of
27             $75 and a maximum of $110.
28                  (D)  Petty offense complaints, a minimum of $75
29             and a maximum of $110.
30                  (E)  Minor  traffic  or  ordinance  violations,
31             $30.
32                  (F)  When court appearance required, $50.
33                  (G)  Motions to vacate or amend final orders, a
34             minimum of $40 and a maximum of $80.
 
SB199 Enrolled             -53-      LRB093 06333 DRJ 06452 b
 1                  (H)  Motions  to vacate bond forfeiture orders,
 2             a minimum of $30 and a maximum of $45.
 3                  (I)  Motions  to  vacate  ex  parte  judgments,
 4             whenever filed, a minimum of $30 and  a  maximum  of
 5             $45.
 6                  (J)  Motions to vacate judgment on forfeitures,
 7             whenever  filed,  a  minimum of $25 and a maximum of
 8             $30.
 9                  (K)  Motions to vacate "failure to  appear"  or
10             "failure to comply" notices sent to the Secretary of
11             State, a minimum of $40 and a maximum of $50.
12             (2)  In counties having a population of 3,000,000 or
13        more,  when  the  violation  complaint  is  issued  by  a
14        municipal  police department, the clerk shall be entitled
15        to costs from each person convicted therein as follows:
16                  (A)  Minor  traffic  or  ordinance  violations,
17             $30.
18                  (B)  When court appearance required, $50.
19             (3)  In ordinance violation cases punishable by fine
20        only, the clerk of the circuit court shall be entitled to
21        receive, unless the fee is excused upon a finding by  the
22        court  that  the  defendant  is  indigent, in addition to
23        other fees or costs allowed or imposed by law, the sum of
24        a minimum of $112.50 and a maximum of $250 as a  fee  for
25        the  services  of  a jury.  The jury fee shall be paid by
26        the defendant at the time  of  filing  his  or  her  jury
27        demand.   If  the fee is not so paid by the defendant, no
28        jury shall be called, and the case shall be tried by  the
29        court without a jury.
30    (x)  Transcripts of Judgment.
31             For  the  filing  of  a  transcript of judgment, the
32        clerk shall be entitled to the same fee as if it were the
33        commencement of a new suit.
34    (y)  Change of Venue.
 
SB199 Enrolled             -54-      LRB093 06333 DRJ 06452 b
 1             (1)  For the filing of a change of case on a  change
 2        of  venue, the clerk shall be entitled to the same fee as
 3        if it were the commencement of a new suit.
 4             (2)  The fee for the preparation  and  certification
 5        of a record on a change of venue to another jurisdiction,
 6        when  original  documents are forwarded, a minimum of $40
 7        and a maximum of $65.
 8    (z)  Tax objection complaints.
 9             For each tax objection complaint containing  one  or
10        more  tax objections, regardless of the number of parcels
11        involved or  the  number  of  taxpayers  joining  in  the
12        complaint, a minimum of $50 and a maximum of $100.
13    (aa)  Tax Deeds.
14             (1)  Petition  for  tax  deed, if only one parcel is
15        involved, a minimum of $250 and a maximum of $400.
16             (2)  For each additional parcel,  add  a  fee  of  a
17        minimum of $100 and a maximum of $200.
18    (bb)  Collections.
19             (1)  For  all collections made of others, except the
20        State and county  and  except  in  maintenance  or  child
21        support  cases,  a  sum  equal  to  3.0%  of  the  amount
22        collected and turned over.
23             (2)  Interest  earned on any funds held by the clerk
24        shall be turned over to the county  general  fund  as  an
25        earning of the office.
26             (3)  For  any check, draft, or other bank instrument
27        returned to the clerk for non-sufficient  funds,  account
28        closed, or payment stopped, $25.
29             (4)  In  child  support  and  maintenance cases, the
30        clerk, if authorized by an ordinance of the county board,
31        may collect an annual fee of up to $36  from  the  person
32        making  payment for maintaining child support records and
33        the processing of support orders to the State of Illinois
34        KIDS system and the recording of payments issued  by  the
 
SB199 Enrolled             -55-      LRB093 06333 DRJ 06452 b
 1        State  Disbursement  Unit  for the official record of the
 2        Court.  This fee shall be in  addition  to  and  separate
 3        from  amounts  ordered to be paid as maintenance or child
 4        support  and  shall  be   deposited   into   a   Separate
 5        Maintenance  and  Child Support Collection Fund, of which
 6        the clerk shall be the custodian, ex-officio, to be  used
 7        by  the clerk to maintain child support orders and record
 8        all payments issued by the State  Disbursement  Unit  for
 9        the  official record of the Court.  The clerk may recover
10        from the person making the maintenance or  child  support
11        payment any additional cost incurred in the collection of
12        this annual fee.
13             The  clerk shall also be entitled to a fee of $5 for
14        certifications made to the Secretary of State as provided
15        in Section 7-703 of the Family  Financial  Responsibility
16        Law  and  these  fees  shall  also  be deposited into the
17        Separate Maintenance and Child Support Collection Fund.
18    (cc)  Corrections of Numbers.
19             For correction of the case number,  case  title,  or
20        attorney  computer  identification number, if required by
21        rule of court, on  any  document  filed  in  the  clerk's
22        office,  to  be  charged against the party that filed the
23        document, a minimum of $25 and a maximum of $40.
24    (dd)  Exceptions.
25             (1)  The fee requirements of this Section shall  not
26        apply  to  police  departments  or  other law enforcement
27        agencies.  In  this  Section,  "law  enforcement  agency"
28        means  an  agency  of  the  State  or  a  unit  of  local
29        government  which  is vested by law or ordinance with the
30        duty to maintain public order  and  to  enforce  criminal
31        laws  or ordinances.  "Law enforcement agency" also means
32        the Attorney General or any state's attorney.
33             (2)  No fee provided herein shall be charged to  any
34        unit  of  local  government  or  school district. The fee
 
SB199 Enrolled             -56-      LRB093 06333 DRJ 06452 b
 1        requirements of this  Section  shall  not  apply  to  any
 2        action instituted under subsection (b) of Section 11-31-1
 3        of  the  Illinois  Municipal  Code  by a private owner or
 4        tenant of real property within 1200 feet of  a  dangerous
 5        or  unsafe building seeking an order compelling the owner
 6        or owners of the building to  take  any  of  the  actions
 7        authorized under that subsection.
 8             (3)  The  fee requirements of this Section shall not
 9        apply  to  the  filing  of  any  commitment  petition  or
10        petition for an order authorizing the  administration  of
11        authorized   involuntary   treatment   in   the  form  of
12        medication under  the  Mental  Health  and  Developmental
13        Disabilities Code.
14    (ee)  Adoption.
15             (1)  For an adoption.............................$65
16             (2)  Upon  good cause shown, the court may waive the
17        adoption filing fee in a  special  needs  adoption.   The
18        term  "special  needs  adoption"  shall  have the meaning
19        ascribed to it by the Illinois Department of Children and
20        Family Services.
21    (ff)  Adoption exemptions.
22             No fee other than that set forth in subsection  (ee)
23        shall  be  charged  to  any  person in connection with an
24        adoption proceeding.
25    (Source: P.A. 91-321,  eff.  1-1-00;  91-612,  eff.  10-1-99;
26    91-821, eff. 6-13-00; 92-521, eff. 6-1-02.)

27        Section  99.  Effective date.  This Act takes effect upon
28    becoming law.