093_SB0199sam001

 










                                     LRB093 06333 DRJ 13246 a

 1                    AMENDMENT TO SENATE BILL 199

 2        AMENDMENT NO.     .  Amend Senate Bill 199  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 06333 DRJ 13246 a
 1    evidence  of  the  person's repeated past pattern of specific
 2    behavior and actions related to the person's illness.
 3    (Source: P.A. 91-726, eff. 6-2-00.)

 4        (405 ILCS 5/1-129 new)
 5        Sec. 1-129. Mental illness.  "Mental  illness"  means  an
 6    organic,  mental,  or  emotional  disorder that substantially
 7    impairs a person's thought, perception of reality,  emotional
 8    process,  judgment,  behavior,  or  ability  to cope with the
 9    ordinary  demands  of  life,   but   does   not   include   a
10    developmental  disability,  a substance abuse disorder, or an
11    abnormality manifested only by repeated criminal or otherwise
12    antisocial conduct.

13        (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
14        Sec. 2-107.1.  Administration of  authorized  involuntary
15    treatment upon application to a court.
16        (a)  An  adult  recipient of services and the recipient's
17    guardian, if the recipient is  under  guardianship,  and  the
18    substitute  decision  maker, if any, shall be informed of the
19    recipient's right to refuse medication. The recipient and the
20    recipient's guardian or substitute decision  maker  shall  be
21    given  the  opportunity  to  refuse generally accepted mental
22    health or developmental disability  services,  including  but
23    not limited to medication.
24        (a-5)  Notwithstanding the provisions of Section 2-107 of
25    this   Code,   authorized   involuntary   treatment   may  be
26    administered to an adult recipient of  services  without  the
27    informed   consent  of  the  recipient  under  the  following
28    standards:
29             (1)  Any person 18 years of age or older,  including
30        any guardian, may petition the circuit court for an order
31        authorizing  the administration of authorized involuntary
32        treatment to a recipient of services. The petition  shall
 
                            -3-      LRB093 06333 DRJ 13246 a
 1        state  that  the petitioner has made a good faith attempt
 2        to determine whether the recipient has executed  a  power
 3        of  attorney for health care under the Powers of Attorney
 4        for Health Care Law or a declaration  for  mental  health
 5        treatment  under  the  Mental Health Treatment Preference
 6        Declaration Act and to obtain copies of these instruments
 7        if they exist.  If either of the above-named  instruments
 8        is  available to the petitioner, the instrument or a copy
 9        of the instrument shall be attached to the petition as an
10        exhibit. The petitioner  shall  deliver  a  copy  of  the
11        petition,  and  notice  of  the  time  and  place  of the
12        hearing, to the respondent,  his  or  her  attorney,  any
13        known   agent   or  attorney-in-fact,  if  any,  and  the
14        guardian, if any, no later than 3 days prior to the  date
15        of the hearing. Service of the petition and notice of the
16        time and place of the hearing may be made by transmitting
17        them  via  facsimile  machine  to the respondent or other
18        party.  Upon receipt of  the  petition  and  notice,  the
19        party  served,  or the person delivering the petition and
20        notice to the party served,  shall  acknowledge  service.
21        If  the  party  sending  the petition and notice does not
22        receive  acknowledgement  of  service  within  24  hours,
23        service must be made by personal service.
24             The petition may include a request  that  the  court
25        authorize such testing and procedures as may be essential
26        for   the   safe  and  effective  administration  of  the
27        authorized   involuntary   treatment   sought    to    be
28        administered,  but only where the petition sets forth the
29        specific   testing   and   procedures   sought   to    be
30        administered.
31             If  a  hearing  is  requested to be held immediately
32        following the  hearing  on  a  petition  for  involuntary
33        admission,  then the notice requirement shall be the same
34        as that for the hearing on the petition  for  involuntary
 
                            -4-      LRB093 06333 DRJ 13246 a
 1        admission,  and  the  petition  filed  pursuant  to  this
 2        Section  shall be filed with the petition for involuntary
 3        admission.
 4             (2)  The court shall hold a hearing within 7 days of
 5        the filing of the petition.  The People, the  petitioner,
 6        or  the  respondent shall be entitled to a continuance of
 7        up to 7 days as of right.  An additional  continuance  of
 8        not more than 7 days may be granted to any party (i) upon
 9        a  showing  that  the  continuance  is needed in order to
10        adequately prepare for or present evidence in  a  hearing
11        under    this   Section   or   (ii)   under   exceptional
12        circumstances.   The  court  may  grant   an   additional
13        continuance   not   to   exceed  21  days  when,  in  its
14        discretion, the court determines that such a  continuance
15        is  necessary  in  order to provide the recipient with an
16        examination pursuant to Section 3-803 or  3-804  of  this
17        Act,  to  provide  the  recipient with a trial by jury as
18        provided in Section 3-802 of this Act, or to arrange  for
19        the  substitution  of  counsel  as  provided  for  by the
20        Illinois  Supreme  Court  Rules.  The  hearing  shall  be
21        separate from a judicial  proceeding  held  to  determine
22        whether  a person is subject to involuntary admission but
23        may be heard immediately preceding or  following  such  a
24        judicial proceeding and may be heard by the same trier of
25        fact or law as in that judicial proceeding.
26             (3)  Unless    otherwise    provided   herein,   the
27        procedures set forth in Article VIII of Chapter 3 of this
28        Act, including the provisions  regarding  appointment  of
29        counsel, shall govern hearings held under this subsection
30        (a-5).
31             (4)  Authorized  involuntary  treatment shall not be
32        administered  to  the  recipient  unless  it   has   been
33        determined  by  clear and convincing evidence that all of
34        the following factors are present:
 
                            -5-      LRB093 06333 DRJ 13246 a
 1                  (A)  That the recipient has  a  serious  mental
 2             illness or developmental disability.
 3                  (B)  That  because  of  said  mental illness or
 4             developmental disability,  the  recipient  currently
 5             exhibits any one of the following: (i) deterioration
 6             of  his  or  her ability to function, as compared to
 7             the recipient's ability to  function  prior  to  the
 8             current  onset  of symptoms of the mental illness or
 9             disability for which treatment is presently  sought,
10             (ii) suffering, or (iii) threatening behavior.
11                  (C)  That the illness or disability has existed
12             for  a  period  marked by the continuing presence of
13             the  symptoms  set  forth  in  item  (B)   of   this
14             subdivision  (4) or the repeated episodic occurrence
15             of these symptoms.
16                  (D)  That  the  benefits   of   the   treatment
17             outweigh the harm.
18                  (E)  That  the  recipient lacks the capacity to
19             make a reasoned decision about the treatment.
20                  (F)  That other less restrictive services  have
21             been explored and found inappropriate.
22                  (G)  If  the  petition  seeks authorization for
23             testing and other procedures, that such testing  and
24             procedures  are essential for the safe and effective
25             administration of the treatment.
26             (5)  In no event shall an order  issued  under  this
27        Section  be  effective  for  more  than 90 days. A second
28        90-day period of involuntary treatment may be  authorized
29        pursuant  to  a  hearing that complies with the standards
30        and procedures  of  this  subsection  (a-5).  Thereafter,
31        additional  180-day  periods of involuntary treatment may
32        be authorized pursuant to the standards and procedures of
33        this  Section  without  limit.  If  a  new  petition   to
34        authorize  the  administration  of authorized involuntary
 
                            -6-      LRB093 06333 DRJ 13246 a
 1        treatment  is  filed  at  least  15  days  prior  to  the
 2        expiration of the prior order, and if any continuance  of
 3        the   hearing   is   agreed  to  by  the  recipient,  the
 4        administration  of  the   treatment   may   continue   in
 5        accordance with the prior order pending the completion of
 6        a hearing under this Section.
 7             (6)  An  order  issued  under  this subsection (a-5)
 8        shall designate the persons authorized to administer  the
 9        authorized  involuntary treatment under the standards and
10        procedures of this subsection (a-5). Those persons  shall
11        have  complete discretion not to administer any treatment
12        authorized under  this  Section.  The  order  shall  also
13        specify  the  medications  and  the  anticipated range of
14        dosages that have been authorized and may include a  list
15        of  any  alternative  medications  and  range  of dosages
16        deemed necessary.
17        (b)  A guardian may  be  authorized  to  consent  to  the
18    administration  of  authorized  involuntary  treatment  to an
19    objecting recipient only under the standards  and  procedures
20    of subsection (a-5).
21        (c)  Notwithstanding any other provision of this Section,
22    a  guardian  may  consent to the administration of authorized
23    involuntary treatment  to  a  non-objecting  recipient  under
24    Article XIa of the Probate Act of 1975.
25        (d)  Nothing   in   this   Section   shall   prevent  the
26    administration  of  authorized   involuntary   treatment   to
27    recipients in an emergency under Section 2-107 of this Act.
28        (e)  Notwithstanding   any  of  the  provisions  of  this
29    Section, authorized involuntary treatment may be administered
30    pursuant to a power of attorney for  health  care  under  the
31    Powers  of  Attorney for Health Care Law or a declaration for
32    mental health treatment under  the  Mental  Health  Treatment
33    Preference Declaration Act.
34    (Source:  P.A.  91-726,  eff.  6-2-00;  91-787,  eff. 1-1-01;
 
                            -7-      LRB093 06333 DRJ 13246 a
 1    92-16, eff. 6-28-01.)

 2        (405 ILCS 5/3-802) (from Ch. 91 1/2, par. 3-802)
 3        Sec. 3-802.  The respondent is entitled to a jury on  the
 4    question  of  whether he is subject to involuntary admission.
 5    The jury shall consist of 6 persons to be chosen in the  same
 6    manner as are jurors in other civil proceedings. A respondent
 7    is  not  entitled  to  a  jury  on  the  question  of whether
 8    authorized involuntary treatment may  be  administered  under
 9    Section 2-107.1.
10    (Source: P.A. 80-1414.)

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

13        (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
14        Sec. 27.1.  The fees of the Clerk of the Circuit Court in
15    all counties having a population of  180,000  inhabitants  or
16    less  shall be paid in advance, except as otherwise provided,
17    and shall be as follows:
18    (a)  Civil Cases.
19             (1)  All  civil  cases  except  as   otherwise
20        provided...........................................   $40
21             (2)  Judicial Sales (except Probate)..........   $40
22    (b)  Family.
23             (1)  Commitment  petitions  under  the  Mental
24        Health  and Developmental Disabilities Code, Filing
25        transcript  of  commitment  proceedings    held  in
26        another county, and Cases under the Juvenile  Court
27        Act of 1987........................................   $25
28             (2)  Petition for Marriage Licenses...........   $10
29             (3)  Marriages in Court.......................   $10
30             (4)  Paternity................................   $40
31    (c)  Criminal and Quasi-Criminal.
 
                            -8-      LRB093 06333 DRJ 13246 a
 1             (1)  Each person convicted of a felony........   $40
 2             (2)  Each  person  convicted of a misdemeanor,
 3        leaving  scene  of  an  accident,   driving   while
 4        intoxicated,   reckless  driving  or  drag  racing,
 5        driving  when   license   revoked   or   suspended,
 6        overweight,  or no interstate commerce certificate,
 7        or when the disposition is court supervision.......   $25
 8             (3)  Each  person  convicted  of  a   business
 9        offense............................................   $25
10             (4)  Each person convicted of a petty offense.   $25
11             (5)  Minor    traffic,    conservation,     or
12        ordinance  violation,  including without limitation
13        when the  disposition  is  court  supervision:
14                  (i)  For each offense....................   $10
15                  (ii)  For  each  notice   sent   to   the
16        defendant's   last   known   address   pursuant  to
17        subsection (c) of Section 6-306.4 of  the  Illinois
18        Vehicle Code.......................................    $2
19                  (iii)  For   each   notice  sent  to  the
20        Secretary of State pursuant to  subsection  (c)  of
21        Section 6-306.4 of the Illinois Vehicle Code.......    $2
22             (6)  When Court Appearance required...........   $15
23             (7)  Motions to vacate or amend final orders..   $10
24             (8)  In  ordinance  violation cases punishable
25        by fine only, the clerk of the circuit court  shall
26        be  entitled  to receive, unless the fee is excused
27        upon a finding by the court that the  defendant  is
28        indigent,  in  addition  to  other  fees  or  costs
29        allowed  or  imposed by law, the sum of $62.50 as a
30        fee for the services of a jury.  The jury fee shall
31        be paid by the defendant at the time of filing  his
32        or  her  jury demand.  If the fee is not so paid by
33        the defendant, no jury shall  be  called,  and  the
34        case shall be tried by the court without a jury.
 
                            -9-      LRB093 06333 DRJ 13246 a
 1    (d)  Other Civil Cases.
 2             (1)  Money  or  personal property claimed does
 3        not exceed $500....................................   $10
 4             (2)  Exceeds $500 but not more than $10,000...   $25
 5             (3)  Exceeds $10,000, when relief in  addition
 6        to  or  supplemental  to recovery of money alone is
 7        sought in an action to  recover  personal  property
 8        taxes  or  retailers occupational tax regardless of
 9        amount claimed.....................................   $45
10             (4)  The Clerk of the Circuit Court  shall  be
11        entitled  to  receive,  in  addition  to other fees
12        allowed by law, the sum of $62.50, as a fee for the
13        services of  a  jury  in  every  civil  action  not
14        quasi-criminal  in  its nature and not a proceeding
15        for the exercise of the right  of  eminent  domain,
16        and  in every equitable action wherein the right of
17        trial by jury is or may be given by law.  The  jury
18        fee  shall be paid by the party demanding a jury at
19        the time of filing his jury demand.  If such a  fee
20        is  not  paid  by  either  party,  no jury shall be
21        called in the action, suit, or proceeding, and  the
22        same shall be tried by the court without a jury.
23    (e)  Confession of judgment and answer.
24             (1)  When the amount does not exceed $1,000...   $20
25             (2)  Exceeds $1,000...........................   $40
26    (f)  Auxiliary Proceedings.
27             Any   auxiliary  proceeding  relating  to  the
28        collection   of   a   money   judgment,   including
29        garnishment, citation, or wage deduction action....    $5
30    (g)  Forcible entry and detainer.
31             (1)  For possession  only  or  possession  and
32        rent not in excess of $10,000......................   $10
33             (2)  For  possession  and  rent  in  excess of
34        $10,000............................................   $40
 
                            -10-     LRB093 06333 DRJ 13246 a
 1    (h)  Eminent Domain.
 2             (1)  Exercise of Eminent Domain...............   $45
 3             (2)  For each and every lot or tract  of  land
 4        or   right   or  interest  therein  subject  to  be
 5        condemned, the damages in respect  to  which  shall
 6        require separate assessments by a jury.............   $45
 7    (i)  Reinstatement.
 8             Each  case including petition for modification
 9        of a judgment or order of Court if filed later than
10        30 days after the entry of  a  judgment  or  order,
11        except  in  forcible  entry  and detainer cases and
12        small claims  and  except  a  petition  to  modify,
13        terminate,  or  enforce  a  judgement  or order for
14        child or spousal support or to modify, suspend,  or
15        terminate  an  order  for  withholding, petition to
16        vacate  judgment   of   dismissal   for   want   of
17        prosecution  whenever  filed, petition to reopen an
18        estate, or redocketing of any cause................   $20
19    (j)  Probate.
20             (1)  Administration  of  decedent's   estates,
21        whether  testate or intestate, guardianships of the
22        person or estate or both of a  person  under  legal
23        disability,  guardianships  of the person or estate
24        or both of a minor or minors, or petitions to  sell
25        real estate in the administration of any estate....   $50
26             (2)  Small estates in cases where the real and
27        personal  property  of  an  estate  does not exceed
28        $5,000.............................................   $25
29             (3)  At any time during the administration  of
30        the  estate,  however, at the request of the Clerk,
31        the Court shall examine the record  of  the  estate
32        and  the  personal  representative to determine the
33        total value of the real and  personal  property  of
34        the  estate, and if such value exceeds $5,000 shall
 
                            -11-     LRB093 06333 DRJ 13246 a
 1        order the payment  of  an  additional  fee  in  the
 2        amount of..........................................   $40
 3             (4)  Inheritance tax proceedings..............   $15
 4             (5)  Issuing   letters   only  for  a  certain
 5        specific reason other than the administration of an
 6        estate, including but not limited to the release of
 7        mortgage; the issue of letters of  guardianship  in
 8        order  that  consent  to marriage may be granted or
 9        for some other specific reason other than  for  the
10        care  of  property  or  person;  proof  of heirship
11        without administration; or when a  will  is  to  be
12        admitted  to  probate,  but  the  estate  is  to be
13        settled without administration.....................   $10
14             (6)  When a separate complaint relating to any
15        matter other than a routine claim is  filed  in  an
16        estate,   the  required  additional  fee  shall  be
17        charged for such filing............................   $45
18    (k)  Change of Venue.
19             From a court, the charge is the same amount as
20        the original  filing  fee;  however,  the  fee  for
21        preparation  and  certification of record on change
22        of venue, when original  documents  or  copies  are
23        forwarded..........................................   $10
24    (l)  Answer, adverse pleading, or appearance.
25             In civil cases................................   $15
26             With the following exceptions:
27             (1)  When the amount does not exceed $500.....    $5
28             (2)  When amount exceeds $500 but not $10,000.   $10
29             (3)  When amount exceeds $10,000..............   $15
30             (4)  Court    appeals   when   documents   are
31        forwarded, over 200 pages, additional fee per  page
32        over 200...........................................   10¢
33    (m)  Tax objection complaints.
34             For  each  tax  objection complaint containing
 
                            -12-     LRB093 06333 DRJ 13246 a
 1        one or  more  tax  objections,  regardless  of  the
 2        number   of  parcels  involved  or  the  number  of
 3        taxpayers joining the complaint....................   $10
 4    (n)  Tax deed.
 5             (1)  Petition for tax deed, if only one parcel
 6        is involved........................................   $45
 7             (2)  For each additional parcel  involved,  an
 8        additional fee of..................................   $10
 9    (o)  Mailing Notices and Processes.
10             (1)  All notices that the clerk is required to
11        mail as first class mail...........................    $2
12             (2)  For all processes or notices the Clerk is
13        required  to  mail by certified or registered mail,
14        the fee will be $2 plus cost of postage.
15    (p)  Certification or Authentication.
16             (1)  Each certification or authentication  for
17        taking  the  acknowledgement  of  a  deed  or other
18        instrument in writing with seal of office..........    $2
19             (2)  Court appeals when original documents are
20        forwarded, 100 pages or under, plus delivery costs.   $25
21             (3)  Court appeals when original documents are
22        forwarded, over 100 pages, plus delivery costs.....   $60
23             (4)  Court appeals when original documents are
24        forwarded, over 200 pages, additional fee per  page
25        over 200...........................................   10¢
26    (q)  Reproductions.
27             Each   record  of  proceedings  and  judgment,
28        whether  on  appeal,  change  of  venue,  certified
29        copies of  orders  and  judgments,  and  all  other
30        instruments, documents, records, or papers:
31                  (1)  First page..........................    $1
32                  (2)  Next 19 pages, per page.............   50¢
33                  (3)  All remaining pages, per page.......   25¢
34    (r)  Counterclaim.
 
                            -13-     LRB093 06333 DRJ 13246 a
 1             When  any  defendant  files  a counterclaim as
 2        part of his or her answer or otherwise,   or  joins
 3        another  party as a third party defendant, or both,
 4        he  or  she  shall  pay  a  fee   for   each   such
 5        counterclaim  or  third  party  action in an amount
 6        equal to the fee he or she would have  had  to  pay
 7        had  he  or  she  brought a separate action for the
 8        relief sought in the counterclaim  or  against  the
 9        third  party  defendant,  less  the  amount  of the
10        appearance fee, if that has been paid.
11    (s)  Transcript of Judgment.
12             From  a  court,  the  same  fee  as  if   case
13        originally filed.
14    (t)  Publications.
15             The cost of publication shall be paid directly
16        to   the   publisher  by  the  person  seeking  the
17        publication, whether the clerk is required  by  law
18        to publish, or the parties to the action.
19    (u)  Collections.
20             (1)  For  all  collections  made  for  others,
21        except   the   State   and  County  and  except  in
22        maintenance or child support cases, a sum equal  to
23        2% of the amount collected and turned over.
24             (2)  In  any  cases  remanded  to  the Circuit
25        Court from  the  Supreme  Court  or  the  Appellate
26        Court, the Clerk shall file the remanding order and
27        reinstate  the case with either its original number
28        or a new number.  The Clerk shall  not  charge  any
29        new  or additional fee for the reinstatement.  Upon
30        reinstatement the Clerk shall advise the parties of
31        the reinstatement.  A party  shall  have  the  same
32        right  to  a jury trial on remand and reinstatement
33        as  he  or  she  had  before  the  appeal,  and  no
34        additional or new fee or charge shall be made for a
 
                            -14-     LRB093 06333 DRJ 13246 a
 1        jury trial after remand.
 2             (3)  In maintenance and child support matters,
 3        the Clerk may deduct from each  payment  an  amount
 4        equal  to  the  United States postage to be used in
 5        mailing the maintenance or child support  check  to
 6        the  recipient.  In  such  cases,  the  Clerk shall
 7        collect an annual fee of up to $36 from the  person
 8        making  such  payment for maintaining child support
 9        records and the processing of support orders to the
10        State of Illinois KIDS system and the recording  of
11        payments  issued by the State Disbursement Unit for
12        the official record of the Court. Such sum shall be
13        in addition to and separate from amounts ordered to
14        be paid as maintenance or child support  and  shall
15        be  deposited  in  a separate Maintenance and Child
16        Support Collection Fund of which the Clerk shall be
17        the custodian, ex officio, to be used by the  Clerk
18        to  maintain  child  support  orders and record all
19        payments issued by the State Disbursement Unit  for
20        the  official  record  of the Court. Unless paid in
21        cash or pursuant to an order for  withholding,  the
22        payment   of   the  fee  shall  be  by  a  separate
23        instrument from the support payment  and  shall  be
24        made  to  the  order  of  the  Clerk. The Clerk may
25        recover from the person making the  maintenance  or
26        child  support payment any additional cost incurred
27        in the collection of this annual fee.
28             (4)  Interest earned on any funds held by  the
29        clerk  shall  be  turned over to the county general
30        fund as an earning of the office.
31             The Clerk shall also be entitled to a  fee  of
32        $5  for  certifications  made  to  the Secretary of
33        State as provided in Section 7-703  of  the  Family
34        Financial  Responsibility  Law and these fees shall
 
                            -15-     LRB093 06333 DRJ 13246 a
 1        also be deposited into the Separate Maintenance and
 2        Child Support Collection Fund.
 3    (v)  Correction of Cases.
 4             For correcting the case number or  case  title
 5        on  any document filed in his office, to be charged
 6        against the party that filed the document..........   $10
 7    (w)  Record Search.
 8             For searching a record, per year searched.....    $4
 9    (x)  Printed Output.
10             For each page of hard copy print output,  when
11        case records are maintained on an automated medium.    $2
12    (y)  Alias Summons.
13             For each alias summons issued.................    $2
14    (z)  Expungement of Records.
15             For each expungement petition filed...........   $15
16    (aa)  Other Fees.
17             Any fees not covered by this Section shall be set by
18        rule  or  administrative order of the Circuit Court, with
19        the approval of the Supreme Court.
20    (bb)  Exemptions.
21             No fee provided for herein shall be charged  to  any
22        unit  of  State  or  local  government or school district
23        unless the Court orders another party to pay such fee  on
24        its  behalf.  The  fee requirements of this Section shall
25        not apply to police departments or other law  enforcement
26        agencies. In this Section, "law enforcement agency" means
27        an agency of the State or a unit of local government that
28        is  vested  by law or ordinance with the duty to maintain
29        public order and to enforce criminal laws and ordinances.
30        The fee requirements of this Section shall not  apply  to
31        any  action  instituted  under  subsection (b) of Section
32        11-31-1 of the Illinois Municipal Code by a private owner
33        or  tenant  of  real  property  within  1200  feet  of  a
34        dangerous or unsafe building seeking an order  compelling
 
                            -16-     LRB093 06333 DRJ 13246 a
 1        the  owner  or  owners of the building to take any of the
 2        actions authorized under that subsection.
 3             No fee provided for in this Section shall be charged
 4        in connection with the filing of any commitment  petition
 5        or  petition  for an order authorizing the administration
 6        of  authorized  involuntary  treatment  in  the  form  of
 7        medication under  the  Mental  Health  and  Developmental
 8        Disabilities Code.
 9    (cc)  Adoptions.
10             (1)  For an adoption.............................$65
11             (2)  Upon  good cause shown, the court may waive the
12        adoption filing fee in a  special  needs  adoption.   The
13        term  "special  needs  adoption"  shall  have the meaning
14        ascribed to it by the Illinois Department of Children and
15        Family Services.
16    (dd)  Adoption exemptions.
17             No fee other than that set forth in subsection  (cc)
18        shall  be  charged  to  any  person in connection with an
19        adoption proceeding.
20    (ee)  Additional Services.
21             Beginning July 1, 1993, the  clerk  of  the  circuit
22        court  may  provide  such  additional  services for which
23        there is no fee specified by statute in  connection  with
24        the  operation  of the clerk's office as may be requested
25        by the public and agreed to by  the  public  and  by  the
26        clerk  and  approved   by  the chief judge of the circuit
27        court.  Any charges for additional services shall  be  as
28        agreed  to  between  the  clerk  and the party making the
29        request and approved by the chief judge  of  the  circuit
30        court.   Nothing in this subsection shall be construed to
31        require  any  clerk  to provide any service not otherwise
32        required by law.
33    (ff)  Returned checks.
34             For each check delivered to the clerk  that  is  not
 
                            -17-     LRB093 06333 DRJ 13246 a
 1        honored  on 2 occasions by the financial institution upon
 2        which it is drawn because of insufficient  funds  in  the
 3        account,  because the account is closed, because there is
 4        no account, or because a stop payment has been placed  on
 5        the check, in addition to the amount already owed....$25.
 6    (Source:  P.A.  91-165,  eff.  7-16-99;  91-321, eff. 1-1-00;
 7    91-357, eff.  7-29-99;  91-612,  eff.  10-1-99;  92-16,  eff.
 8    6-28-01; 92-114, eff. 1-1-02.)

 9        (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
10        Sec.  27.1a.  The fees of the clerks of the circuit court
11    in all counties having a population in excess of 180,000  but
12    not  more than 500,000 inhabitants in the instances described
13    in this Section shall be as provided in  this  Section.   The
14    fees shall be paid in advance and shall be as follows:
15    (a)  Civil Cases.
16             The  fee  for filing a complaint, petition, or other
17        pleading initiating a civil action,  with  the  following
18        exceptions, shall be $150.
19                  (A)  When the amount of money or damages or the
20             value  of  personal property claimed does not exceed
21             $250, $10.
22                  (B)  When that amount exceeds $250 but does not
23             exceed $500, $20.
24                  (C)  When that amount exceeds $500 but does not
25             exceed $2500, $30.
26                  (D)  When that amount exceeds  $2500  but  does
27             not exceed $15,000, $75.
28                  (E)  For  the exercise of eminent domain, $150.
29             For each additional lot or tract of land or right or
30             interest  therein  subject  to  be  condemned,   the
31             damages  in  respect to which shall require separate
32             assessment by a jury, $150.
33    (a-1)  Family.
 
                            -18-     LRB093 06333 DRJ 13246 a
 1             For filing a petition under the Juvenile  Court  Act
 2        of 1987, $25.
 3             For filing a petition for a marriage license, $10.
 4             For performing a marriage in court, $10.
 5             For  filing  a petition under the Illinois Parentage
 6        Act of 1984, $40.
 7    (b)  Forcible Entry and Detainer.
 8             In each forcible entry and detainer  case  when  the
 9        plaintiff seeks possession only or unites with his or her
10        claim  for possession of the property a claim for rent or
11        damages or both in the amount of $15,000  or  less,  $40.
12        When the plaintiff unites his or her claim for possession
13        with  a  claim  for  rent  or  damages  or both exceeding
14        $15,000, $150.
15    (c)  Counterclaim or Joining Third Party Defendant.
16             When any defendant files a counterclaim as  part  of
17        his  or her answer or otherwise or joins another party as
18        a third party defendant, or both, the defendant shall pay
19        a fee for each counterclaim or third party action  in  an
20        amount  equal  to the fee he or she would have had to pay
21        had he or she brought a separate action  for  the  relief
22        sought  in  the  counterclaim  or against the third party
23        defendant, less the amount of the appearance fee, if that
24        has been paid.
25    (d)  Confession of Judgment.
26             In a confession of judgment when the amount does not
27        exceed $1500, $50. When the  amount  exceeds  $1500,  but
28        does  not  exceed  $15,000, $115. When the amount exceeds
29        $15,000, $200.
30    (e)  Appearance.
31             The fee for filing an appearance in each civil  case
32        shall be $50, except as follows:
33                  (A)  When the plaintiff in a forcible entry and
34             detainer case seeks possession only, $20.
 
                            -19-     LRB093 06333 DRJ 13246 a
 1                  (B)  When  the  amount  in  the  case  does not
 2             exceed $1500, $20.
 3                  (C)  When that amount exceeds  $1500  but  does
 4             not exceed $15,000, $40.
 5    (f)  Garnishment, Wage Deduction, and Citation.
 6             In  garnishment affidavit, wage deduction affidavit,
 7        and citation petition when the  amount  does  not  exceed
 8        $1,000,  $10; when the amount exceeds $1,000 but does not
 9        exceed $5,000, $20; and when the amount  exceeds  $5,000,
10        $30.
11    (g)  Petition to Vacate or Modify.
12             (1)  Petition to vacate or modify any final judgment
13        or  order of court, except in forcible entry and detainer
14        cases and small claims cases or a petition to  reopen  an
15        estate,  to  modify,  terminate, or enforce a judgment or
16        order  for  child  or  spousal  support,  or  to  modify,
17        suspend, or terminate an order for withholding, if  filed
18        before  30 days after the entry of the judgment or order,
19        $40.
20             (2)  Petition to vacate or modify any final judgment
21        or  order  of  court,  except  a  petition   to   modify,
22        terminate,  or  enforce  a judgment or order for child or
23        spousal support or to modify, suspend,  or  terminate  an
24        order  for withholding, if filed later than 30 days after
25        the entry of the judgment or order, $60.
26             (3)  Petition to vacate order  of  bond  forfeiture,
27        $20.
28    (h)  Mailing.
29             When  the clerk is required to mail, the fee will be
30        $6, plus the cost of postage.
31    (i)  Certified Copies.
32             Each certified copy of a judgment after  the  first,
33        except  in  small  claims and forcible entry and detainer
34        cases, $10.
 
                            -20-     LRB093 06333 DRJ 13246 a
 1    (j)  Habeas Corpus.
 2             For filing a petition for relief by  habeas  corpus,
 3        $80.
 4    (k)  Certification, Authentication, and Reproduction.
 5             (1)  Each certification or authentication for taking
 6        the  acknowledgment  of  a  deed  or  other instrument in
 7        writing with the seal of office, $4.
 8             (2)  Court  appeals  when  original  documents   are
 9        forwarded, under 100 pages, plus delivery and costs, $50.
10             (3)  Court   appeals  when  original  documents  are
11        forwarded, over 100 pages, plus delivery and costs, $120.
12             (4)  Court  appeals  when  original  documents   are
13        forwarded,  over 200 pages, an additional fee of 20 cents
14        per page.
15             (5)  For reproduction of any document  contained  in
16        the clerk's files:
17                  (A)  First page, $2.
18                  (B)  Next 19 pages, 50 cents per page.
19                  (C)  All remaining pages, 25 cents per page.
20    (l)  Remands.
21             In any cases remanded to the Circuit Court  from the
22        Supreme Court or the Appellate Court for a new trial, the
23        clerk  shall  file  the remanding order and reinstate the
24        case with either its original number or a new number. The
25        Clerk shall not charge any new or additional fee for  the
26        reinstatement.  Upon reinstatement the Clerk shall advise
27        the parties of the reinstatement.  A party shall have the
28        same right to a jury trial on remand and reinstatement as
29        he or she had before the appeal, and no additional or new
30        fee or charge shall  be  made  for  a  jury  trial  after
31        remand.
32    (m)  Record Search.
33             For   each  record  search,  within  a  division  or
34        municipal district, the clerk  shall  be  entitled  to  a
 
                            -21-     LRB093 06333 DRJ 13246 a
 1        search fee of $4 for each year searched.
 2    (n)  Hard Copy.
 3             For  each  page of hard copy print output, when case
 4        records are maintained on an automated medium, the  clerk
 5        shall be entitled to a fee of $4.
 6    (o)  Index Inquiry and Other Records.
 7             No    fee    shall   be   charged   for   a   single
 8        plaintiff/defendant index inquiry or single  case  record
 9        inquiry  when  this  request  is  made  in person and the
10        records are maintained in a current automated medium, and
11        when no hard copy print output is requested.  The fees to
12        be charged for management records, multiple case records,
13        and multiple journal records  may  be  specified  by  the
14        Chief  Judge  pursuant  to  the guidelines for access and
15        dissemination of  information  approved  by  the  Supreme
16        Court.
17    (p)  (Blank).  Commitment Petitions.
18             For  filing  commitment  petitions  under the Mental
19        Health and Developmental Disabilities Code and for filing
20        a transcript of commitment proceedings  held  in  another
21        county, $25.
22    (q)  Alias Summons.
23             For  each  alias  summons  or citation issued by the
24        clerk, $4.
25    (r)  Other Fees.
26             Any fees not covered in this Section shall be set by
27        rule or administrative order of the  Circuit  Court  with
28        the approval of the Administrative Office of the Illinois
29        Courts.
30             The   clerk   of   the  circuit  court  may  provide
31        additional services for which there is no  fee  specified
32        by  statute  in  connection  with  the  operation  of the
33        clerk's office as may be  requested  by  the  public  and
34        agreed to by the clerk and approved by the chief judge of
 
                            -22-     LRB093 06333 DRJ 13246 a
 1        the  circuit  court.  Any charges for additional services
 2        shall be as agreed to between the  clerk  and  the  party
 3        making the request and approved by the chief judge of the
 4        circuit  court.   Nothing  in  this  subsection  shall be
 5        construed to require any clerk to provide any service not
 6        otherwise required by law.
 7    (s)  Jury Services.
 8             The clerk shall be entitled to receive, in  addition
 9        to  other  fees  allowed by law, the sum of $192.50, as a
10        fee for the services of a jury in every civil action  not
11        quasi-criminal in its nature and not a proceeding for the
12        exercise  of  the  right  of  eminent domain and in every
13        other action wherein the right of trial by jury is or may
14        be given by law.  The jury fee shall be paid by the party
15        demanding a jury at the time of filing the  jury  demand.
16        If  the fee is not paid by either party, no jury shall be
17        called in the action or proceeding, and the same shall be
18        tried by the court without a jury.
19    (t)  Voluntary Assignment.
20             For filing each deed of voluntary  assignment,  $10;
21        for   recording   the  same,  25¢  for  each  100  words.
22        Exceptions filed to claims presented to an assignee of  a
23        debtor  who  has  made  a  voluntary  assignment  for the
24        benefit of creditors shall be considered and treated, for
25        the purpose of taxing costs therein, as actions in  which
26        the  party  or  parties  filing  the  exceptions shall be
27        considered  as  party  or  parties  plaintiff,  and   the
28        claimant  or claimants as party or parties defendant, and
29        those parties respectively shall pay  to  the  clerk  the
30        same fees as provided by this Section to be paid in other
31        actions.
32    (u)  Expungement Petition.
33             The  clerk shall be entitled to receive a fee of $30
34        for each expungement petition filed and an additional fee
 
                            -23-     LRB093 06333 DRJ 13246 a
 1        of $2 for  each certified copy of  an  order  to  expunge
 2        arrest records.
 3    (v)  Probate.
 4             The  clerk is entitled to receive the fees specified
 5        in this subsection (v), which shall be paid  in  advance,
 6        except that, for good cause shown, the court may suspend,
 7        reduce,   or   release   the  costs  payable  under  this
 8        subsection:
 9             (1)  For administration of the estate of a  decedent
10        (whether  testate  or  intestate) or of a missing person,
11        $100, plus  the  fees  specified  in  subsection  (v)(3),
12        except:
13                  (A)  When  the  value  of the real and personal
14             property does not exceed $15,000, the fee  shall  be
15             $25.
16                  (B)  When  (i) proof of heirship alone is made,
17             (ii) a domestic  or  foreign  will  is  admitted  to
18             probate  without  administration (including proof of
19             heirship), or (iii) letters of office are issued for
20             a particular purpose without administration  of  the
21             estate, the fee shall be $25.
22             (2)  For  administration  of  the  estate of a ward,
23        $50,  plus  the  fees  specified  in  subsection  (v)(3),
24        except:
25                  (A)  When the value of the  real  and  personal
26             property  does  not exceed $15,000, the fee shall be
27             $25.
28                  (B)  When (i) letters of office are issued to a
29             guardian of the person or persons, but  not  of  the
30             estate  or  (ii) letters of office are issued in the
31             estate of  a  ward  without  administration  of  the
32             estate, including filing or joining in the filing of
33             a  tax  return or releasing a mortgage or consenting
34             to the marriage of the ward, the fee shall be $10.
 
                            -24-     LRB093 06333 DRJ 13246 a
 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             $15.
 7                  (B)  For  filing  a claim in an estate when the
 8             amount claimed is $150 or more but less  than  $500,
 9             $10;  when  the  amount  claimed is $500 or more but
10             less than $10,000, $25; when the amount  claimed  is
11             $10,000  or  more,  $40;  provided that the court in
12             allowing a claim may add to the amount  allowed  the
13             filing fee paid by the claimant.
14                  (C)  For filing in an estate a claim, petition,
15             or  supplemental  proceeding  based  upon  an action
16             seeking equitable relief including the  construction
17             or  contest  of a will, enforcement of a contract to
18             make a will, and proceedings involving  testamentary
19             trusts  or the appointment of testamentary trustees,
20             $40.
21                  (D)  For filing in an estate (i) the appearance
22             of any person for the purpose of consent or (ii) the
23             appearance   of    an    executor,    administrator,
24             administrator  to  collect,  guardian,  guardian  ad
25             litem, or special administrator, no fee.
26                  (E)  Except    as    provided   in   subsection
27             (v)(3)(D), for filing the appearance of  any  person
28             or persons, $10.
29                  (F)  For each jury demand, $102.50.
30                  (G)  For  disposition  of  the  collection of a
31             judgment or settlement of an  action  or  claim  for
32             wrongful  death  of  a  decedent  or of any cause of
33             action  of  a  ward,  when   there   is   no   other
34             administration  of  the estate, $30, less any amount
 
                            -25-     LRB093 06333 DRJ 13246 a
 1             paid under subsection (v)(1)(B) or (v)(2)(B)  except
 2             that  if the amount involved does not exceed $5,000,
 3             the fee, including any amount paid under  subsection
 4             (v)(1)(B) or (v)(2)(B), shall be $10.
 5                  (H)  For  each  certified  copy  of  letters of
 6             office, of court order or other  certification,  $1,
 7             plus  50¢  per  page  in  excess  of 3 pages for the
 8             document certified.
 9                  (I)  For each exemplification, $1, plus the fee
10             for certification.
11             (4)  The    executor,    administrator,    guardian,
12        petitioner, or other interested  person  or  his  or  her
13        attorney  shall  pay the cost of publication by the clerk
14        directly to the newspaper.
15             (5)  The person on whose behalf a charge is incurred
16        for  witness,  court  reporter,   appraiser,   or   other
17        miscellaneous  fee  shall  pay  the  same directly to the
18        person entitled thereto.
19             (6)  The    executor,    administrator,    guardian,
20        petitioner, or other interested  person  or  his  or  her
21        attorney  shall  pay  to  the  clerk  all postage charges
22        incurred by  the  clerk  in  mailing  petitions,  orders,
23        notices, or other documents pursuant to the provisions of
24        the Probate Act of 1975.
25    (w)  Criminal and Quasi-Criminal Costs and Fees.
26             (1)  The  clerk  shall  be  entitled to costs in all
27        criminal  and  quasi-criminal  cases  from  each   person
28        convicted or sentenced to supervision therein as follows:
29                  (A)  Felony complaints, $80.
30                  (B)  Misdemeanor complaints, $50.
31                  (C)  Business offense complaints, $50.
32                  (D)  Petty offense complaints, $50.
33                  (E)  Minor  traffic  or  ordinance  violations,
34             $20.
 
                            -26-     LRB093 06333 DRJ 13246 a
 1                  (F)  When court appearance required, $30.
 2                  (G)  Motions  to  vacate or amend final orders,
 3             $20.
 4                  (H)  Motions to vacate bond forfeiture  orders,
 5             $20.
 6                  (I)  Motions  to  vacate  ex  parte  judgments,
 7             whenever filed, $20.
 8                  (J)  Motions to vacate judgment on forfeitures,
 9             whenever filed, $20.
10                  (K)  Motions  to  vacate "failure to appear" or
11             "failure to comply" notices sent to the Secretary of
12             State, $20.
13             (2)  In counties having a population  in  excess  of
14        180,000  but  not more than 500,000 inhabitants, when the
15        violation complaint  is  issued  by  a  municipal  police
16        department,  the  clerk  shall  be entitled to costs from
17        each person convicted therein as follows:
18                  (A)  Minor  traffic  or  ordinance  violations,
19             $10.
20                  (B)  When court appearance required, $15.
21             (3)  In ordinance violation cases punishable by fine
22        only, the clerk of the circuit court shall be entitled to
23        receive, unless the fee is excused upon a finding by  the
24        court  that  the  defendant  is  indigent, in addition to
25        other fees or costs allowed or imposed by law, the sum of
26        $62.50 as a fee for the services of a jury.  The jury fee
27        shall be paid by the defendant at the time of filing  his
28        or  her  jury  demand.   If the fee is not so paid by the
29        defendant, no jury shall be called, and the case shall be
30        tried by the court without a jury.
31    (x)  Transcripts of Judgment.
32             For the filing of  a  transcript  of  judgment,  the
33        clerk shall be entitled to the same fee as if it were the
34        commencement of a new suit.
 
                            -27-     LRB093 06333 DRJ 13246 a
 1    (y)  Change of Venue.
 2             (1)  For  the filing of a change of case on a change
 3        of venue, the clerk shall be entitled to the same fee  as
 4        if it were the commencement of a new suit.
 5             (2)  The  fee  for the preparation and certification
 6        of a record on a change of venue to another jurisdiction,
 7        when original documents are forwarded, $25.
 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  on  the
12        complaint, $25.
13    (aa)  Tax Deeds.
14             (1)  Petition  for  tax  deed, if only one parcel is
15        involved, $150.
16             (2)  For each additional parcel, add a fee of $50.
17    (bb)  Collections.
18             (1)  For all collections made of others, except  the
19        State  and  county  and  except  in  maintenance or child
20        support  cases,  a  sum  equal  to  2.5%  of  the  amount
21        collected and turned over.
22             (2)  Interest earned on any funds held by the  clerk
23        shall  be  turned  over  to the county general fund as an
24        earning of the office.
25             (3)  For any check, draft, or other bank  instrument
26        returned  to  the clerk for non-sufficient funds, account
27        closed, or payment stopped, $25.
28             (4)  In child support  and  maintenance  cases,  the
29        clerk, if authorized by an ordinance of the county board,
30        may  collect  an  annual fee of up to $36 from the person
31        making payment for maintaining child support records  and
32        the processing of support orders to the State of Illinois
33        KIDS  system  and the recording of payments issued by the
34        State Disbursement Unit for the official  record  of  the
 
                            -28-     LRB093 06333 DRJ 13246 a
 1        Court.   This  fee  shall  be in addition to and separate
 2        from amounts ordered to be paid as maintenance  or  child
 3        support   and   shall   be   deposited  into  a  Separate
 4        Maintenance and Child Support Collection Fund,  of  which
 5        the  clerk shall be the custodian, ex-officio, to be used
 6        by the clerk to maintain child support orders and  record
 7        all  payments  issued  by the State Disbursement Unit for
 8        the official record of the Court. The clerk  may  recover
 9        from  the  person making the maintenance or child support
10        payment  any additional cost incurred in  the  collection
11        of this annual fee.
12             The  clerk shall also be entitled to a fee of $5 for
13        certifications made to the Secretary of State as provided
14        in Section 7-703 of the Family  Financial  Responsibility
15        Law  and  these  fees  shall  also  be deposited into the
16        Separate Maintenance and Child Support Collection Fund.
17    (cc)  Corrections of Numbers.
18             For correction of the case number,  case  title,  or
19        attorney  computer  identification number, if required by
20        rule of court, on  any  document  filed  in  the  clerk's
21        office,  to  be  charged against the party that filed the
22        document, $15.
23    (dd)  Exceptions.
24             (1)  The fee requirements of this Section shall  not
25        apply  to  police  departments  or  other law enforcement
26        agencies.  In  this  Section,  "law  enforcement  agency"
27        means  an  agency  of  the  State  or  a  unit  of  local
28        government  which  is vested by law or ordinance with the
29        duty to maintain public order  and  to  enforce  criminal
30        laws  or ordinances.  "Law enforcement agency" also means
31        the Attorney General or any state's attorney.
32             (2)  No fee provided herein shall be charged to  any
33        unit of local government or school district.
34             (3)  The  fee requirements of this Section shall not
 
                            -29-     LRB093 06333 DRJ 13246 a
 1        apply to any action instituted under  subsection  (b)  of
 2        Section  11-31-1  of  the  Illinois  Municipal  Code by a
 3        private owner or tenant of real property within 1200 feet
 4        of a  dangerous  or  unsafe  building  seeking  an  order
 5        compelling  the  owner  or owners of the building to take
 6        any of the actions authorized under that subsection.
 7             (4) The fee requirements of this Section  shall  not
 8        apply  to  the  filing  of  any  commitment  petition  or
 9        petition  for  an order authorizing the administration of
10        authorized  involuntary  treatment   in   the   form   of
11        medication  under  the  Mental  Health  and Developmental
12        Disabilities Code.
13    (ee)  Adoptions.
14             (1)  For an adoption.............................$65
15             (2)  Upon good cause shown, the court may waive  the
16        adoption  filing  fee  in  a special needs adoption.  The
17        term "special needs  adoption"  shall  have  the  meaning
18        ascribed to it by the Illinois Department of Children and
19        Family Services.
20    (ff)  Adoption exemptions.
21             No  fee other than that set forth in subsection (ee)
22        shall be charged to any  person  in  connection  with  an
23        adoption proceeding.
24    (Source: P.A.  91-321,  eff.  1-1-00;  91-612,  eff. 10-1-99;
25    92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)

26        (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
27        Sec. 27.2.  The fees of the clerks of the  circuit  court
28    in  all  counties  having  a  population in excess of 500,000
29    inhabitants  but  less  than  3,000,000  inhabitants  in  the
30    instances described in this Section shall be as  provided  in
31    this  Section. In those instances where a minimum and maximum
32    fee is stated, counties with more  than  500,000  inhabitants
33    but  less  than 3,000,000 inhabitants must charge the minimum
 
                            -30-     LRB093 06333 DRJ 13246 a
 1    fee listed in this Section and may charge up to  the  maximum
 2    fee  if the county board has by resolution increased the fee.
 3    In addition, the minimum  fees  authorized  in  this  Section
 4    shall  apply  to  all  units  of  local government and school
 5    districts in counties with more than  3,000,000  inhabitants.
 6    The 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 a minimum of $150 and a maximum of
11        $190.
12                  (A)  When the amount of money or damages or the
13             value of personal property claimed does  not  exceed
14             $250, a minimum of $10 and a maximum of $15.
15                  (B)  When that amount exceeds $250 but does not
16             exceed  $1,000,  a  minimum  of $20 and a maximum of
17             $40.
18                  (C)  When that amount exceeds $1,000  but  does
19             not  exceed $2500, a minimum of $30 and a maximum of
20             $50.
21                  (D)  When that amount exceeds  $2500  but  does
22             not exceed $5,000, a minimum of $75 and a maximum of
23             $100.
24                  (D-5)  When  the amount exceeds $5,000 but does
25             not exceed $15,000, a minimum of $75 and  a  maximum
26             of $150.
27                  (E)  For  the exercise of eminent domain, $150.
28             For each additional lot or tract of land or right or
29             interest  therein  subject  to  be  condemned,   the
30             damages  in  respect to which shall require separate
31             assessment by a jury, $150.
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
 
                            -31-     LRB093 06333 DRJ 13246 a
 1        claim  for possession of the property a claim for rent or
 2        damages or both in the  amount  of  $15,000  or  less,  a
 3        minimum  of  $40 and a maximum of $75. When the plaintiff
 4        unites his or her claim for possession with a  claim  for
 5        rent  or  damages or both exceeding $15,000, a minimum of
 6        $150 and a maximum of $225.
 7    (c)  Counterclaim or Joining Third Party Defendant.
 8             When any defendant files a counterclaim as  part  of
 9        his  or her answer or otherwise or joins another party as
10        a third party defendant, or both, the defendant shall pay
11        a fee for each counterclaim or third party action  in  an
12        amount  equal  to the fee he or she would have had to pay
13        had he or she brought a separate action  for  the  relief
14        sought  in  the  counterclaim  or against the third party
15        defendant, less the amount of the appearance fee, if that
16        has been paid.
17    (d)  Confession of Judgment.
18             In a confession of judgment when the amount does not
19        exceed $1500, a minimum of $50  and  a  maximum  of  $60.
20        When  the  amount  exceeds  $1500,  but  does  not exceed
21        $5,000, $75. When the amount exceeds $5,000, but does not
22        exceed $15,000, $175. When the amount exceeds $15,000,  a
23        minimum of $200 and a maximum of $250.
24    (e)  Appearance.
25             The  fee for filing an appearance in each civil case
26        shall be a minimum of $50 and a maximum of $75, except as
27        follows:
28                  (A)  When the plaintiff in a forcible entry and
29             detainer case seeks possession only,  a  minimum  of
30             $20 and a maximum of $40.
31                  (B)  When  the  amount  in  the  case  does not
32             exceed $1500, a minimum of $20 and a maximum of $40.
33                  (C)  When the amount in the case exceeds  $1500
34             but  does not exceed $15,000, a minimum of $40 and a
 
                            -32-     LRB093 06333 DRJ 13246 a
 1             maximum of $60.
 2    (f)  Garnishment, Wage Deduction, and Citation.
 3             In garnishment affidavit, wage deduction  affidavit,
 4        and  citation  petition  when  the amount does not exceed
 5        $1,000, a minimum of $10 and a maximum of $15;  when  the
 6        amount  exceeds  $1,000  but  does  not  exceed $5,000, a
 7        minimum of $20 and a maximum of $30; and when the  amount
 8        exceeds $5,000, a minimum of $30 and a maximum of $50.
 9    (g)  Petition to Vacate or Modify.
10             (1)  Petition to vacate or modify any final judgment
11        or  order of court, except in forcible entry and detainer
12        cases and small claims cases or a petition to  reopen  an
13        estate,  to  modify,  terminate, or enforce a judgment or
14        order  for  child  or  spousal  support,  or  to  modify,
15        suspend, or terminate an order for withholding, if  filed
16        before  30 days after the entry of the judgment or order,
17        a minimum of $40 and a maximum of $50.
18             (2)  Petition to vacate or modify any final judgment
19        or  order  of  court,  except  a  petition   to   modify,
20        terminate,  or  enforce  a judgment or order for child or
21        spousal support or to modify, suspend,  or  terminate  an
22        order  for withholding, if filed later than 30 days after
23        the entry of the judgment or order, a minimum of $60  and
24        a maximum of $75.
25             (3)  Petition  to vacate order of bond forfeiture, a
26        minimum of $20 and a maximum of $40.
27    (h)  Mailing.
28             When the clerk is required to mail, the fee will  be
29        a  minimum  of  $6 and a maximum of $10, plus the cost of
30        postage.
31    (i)  Certified Copies.
32             Each certified copy of a judgment after  the  first,
33        except  in  small  claims and forcible entry and detainer
34        cases, a minimum of $10 and a maximum of $15.
 
                            -33-     LRB093 06333 DRJ 13246 a
 1    (j)  Habeas Corpus.
 2             For filing a petition for relief by habeas corpus, a
 3        minimum of $80 and a maximum of $125.
 4    (k)  Certification, Authentication, and Reproduction.
 5             (1)  Each certification or authentication for taking
 6        the acknowledgment of  a  deed  or  other  instrument  in
 7        writing  with  the  seal of office, a minimum of $4 and a
 8        maximum of $6.
 9             (2)  Court  appeals  when  original  documents   are
10        forwarded,  under  100  pages, plus delivery and costs, a
11        minimum of $50 and a maximum of $75.
12             (3)  Court  appeals  when  original  documents   are
13        forwarded,  over  100  pages,  plus delivery and costs, a
14        minimum of $120 and a maximum of $150.
15             (4)  Court  appeals  when  original  documents   are
16        forwarded, over 200 pages, an additional fee of a minimum
17        of 20 and a maximum of 25 cents per page.
18             (5)  For  reproduction  of any document contained in
19        the clerk's files:
20                  (A)  First page, $2.
21                  (B)  Next 19 pages, 50 cents per page.
22                  (C)  All remaining pages, 25 cents per page.
23    (l)  Remands.
24             In any cases remanded to the Circuit Court  from the
25        Supreme Court or the Appellate Court for a new trial, the
26        clerk shall file the remanding order  and  reinstate  the
27        case with either its original number or a new number. The
28        Clerk  shall not charge any new or additional fee for the
29        reinstatement. Upon reinstatement the Clerk shall  advise
30        the parties of the reinstatement.  A party shall have the
31        same right to a jury trial on remand and reinstatement as
32        he or she had before the appeal, and no additional or new
33        fee  or  charge  shall  be  made  for  a jury trial after
34        remand.
 
                            -34-     LRB093 06333 DRJ 13246 a
 1    (m)  Record Search.
 2             For  each  record  search,  within  a  division   or
 3        municipal  district,  the  clerk  shall  be entitled to a
 4        search fee of a minimum of $4 and a  maximum  of  $6  for
 5        each year searched.
 6    (n)  Hard Copy.
 7             For  each  page of hard copy print output, when case
 8        records are maintained on an automated medium, the  clerk
 9        shall  be  entitled  to  a  fee  of a minimum of $4 and a
10        maximum of $6.
11    (o)  Index Inquiry and Other Records.
12             No   fee   shall   be   charged   for    a    single
13        plaintiff/defendant  index  inquiry or single case record
14        inquiry when this request  is  made  in  person  and  the
15        records are maintained in a current automated medium, and
16        when no hard copy print output is requested.  The fees to
17        be charged for management records, multiple case records,
18        and  multiple  journal  records  may  be specified by the
19        Chief Judge pursuant to the  guidelines  for  access  and
20        dissemination  of  information  approved  by  the Supreme
21        Court.
22    (p)  (Blank).  Commitment Petitions.
23             For filing commitment  petitions  under  the  Mental
24        Health  and Developmental Disabilities Code, a minimum of
25        $25 and a maximum of $50.
26    (q)  Alias Summons.
27             For each alias summons or  citation  issued  by  the
28        clerk, a minimum of $4 and a maximum of $5.
29    (r)  Other Fees.
30             Any fees not covered in this Section shall be set by
31        rule  or  administrative  order of the Circuit Court with
32        the approval of the Administrative Office of the Illinois
33        Courts.
34             The  clerk  of  the  circuit   court   may   provide
 
                            -35-     LRB093 06333 DRJ 13246 a
 1        additional  services  for which there is no fee specified
 2        by statute  in  connection  with  the  operation  of  the
 3        clerk's  office  as  may  be  requested by the public and
 4        agreed to by the clerk and approved by the chief judge of
 5        the circuit court.  Any charges for  additional  services
 6        shall  be  as  agreed  to between the clerk and the party
 7        making the request and approved by the chief judge of the
 8        circuit court.   Nothing  in  this  subsection  shall  be
 9        construed to require any clerk to provide any service not
10        otherwise required by law.
11    (s)  Jury Services.
12             The  clerk shall be entitled to receive, in addition
13        to other fees allowed by law, the sum  of  a  minimum  of
14        $192.50  and  a  maximum  of  $212.50,  as  a fee for the
15        services  of  a  jury   in   every   civil   action   not
16        quasi-criminal in its nature and not a proceeding for the
17        exercise  of  the  right  of  eminent domain and in every
18        other action wherein the right of trial by jury is or may
19        be given by law.  The jury fee shall be paid by the party
20        demanding a jury at the time of filing the  jury  demand.
21        If  the fee is not paid by either party, no jury shall be
22        called in the action or proceeding, and the same shall be
23        tried by the court without a jury.
24    (t)  Voluntary Assignment.
25             For filing each  deed  of  voluntary  assignment,  a
26        minimum  of  $10  and a maximum of $20; for recording the
27        same, a minimum of 25¢ and a maximum of 50¢ for each  100
28        words.    Exceptions  filed  to  claims  presented  to an
29        assignee of a debtor who has made a voluntary  assignment
30        for  the  benefit  of  creditors  shall be considered and
31        treated, for the purpose  of  taxing  costs  therein,  as
32        actions   in  which  the  party  or  parties  filing  the
33        exceptions  shall  be  considered  as  party  or  parties
34        plaintiff, and the claimant  or  claimants  as  party  or
 
                            -36-     LRB093 06333 DRJ 13246 a
 1        parties  defendant,  and those parties respectively shall
 2        pay to the clerk  the  same  fees  as  provided  by  this
 3        Section to be paid in other actions.
 4    (u)  Expungement Petition.
 5             The  clerk  shall  be entitled to receive a fee of a
 6        minimum of $30 and a maximum of $60 for each  expungement
 7        petition  filed  and an additional fee of a minimum of $2
 8        and a maximum of $4 for  each certified copy of an  order
 9        to expunge arrest records.
10    (v)  Probate.
11             The  clerk is entitled to receive the fees specified
12        in this subsection (v), which shall be paid  in  advance,
13        except that, for good cause shown, the court may suspend,
14        reduce,   or   release   the  costs  payable  under  this
15        subsection:
16             (1)  For administration of the estate of a  decedent
17        (whether  testate or intestate) or of a missing person, a
18        minimum of $100 and a maximum  of  $150,  plus  the  fees
19        specified in subsection (v)(3), except:
20                  (A)  When  the  value  of the real and personal
21             property does not exceed $15,000, the fee shall be a
22             minimum of $25 and a maximum of $40.
23                  (B)  When (i) proof of heirship alone is  made,
24             (ii)  a  domestic  or  foreign  will  is admitted to
25             probate without administration (including  proof  of
26             heirship), or (iii) letters of office are issued for
27             a  particular  purpose without administration of the
28             estate, the fee shall be a  minimum  of  $25  and  a
29             maximum of $40.
30             (2)  For  administration  of the estate of a ward, a
31        minimum of $50 and  a  maximum  of  $75,  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
 
                            -37-     LRB093 06333 DRJ 13246 a
 1             minimum of $25 and a maximum of $40.
 2                  (B)  When (i) letters of office are issued to a
 3             guardian of the person or persons, but  not  of  the
 4             estate  or  (ii) letters of office are issued in the
 5             estate of  a  ward  without  administration  of  the
 6             estate, including filing or joining in the filing of
 7             a  tax  return or releasing a mortgage or consenting
 8             to the marriage of the ward,  the  fee  shall  be  a
 9             minimum of $10 and a maximum of $20.
10             (3)  In   addition   to   the   fees  payable  under
11        subsection  (v)(1)  or  (v)(2)  of  this   Section,   the
12        following fees are payable:
13                  (A)  For  each  account  (other  than one final
14             account) filed in the estate of a decedent, or ward,
15             a minimum of $15 and a maximum of $25.
16                  (B)  For filing a claim in an estate  when  the
17             amount claimed is $150 or more but less than $500, a
18             minimum of $10 and a maximum of $20; when the amount
19             claimed  is  $500  or  more but less than $10,000, a
20             minimum of $25 and a maximum of $40; when the amount
21             claimed is $10,000 or more, a minimum of $40  and  a
22             maximum  of $60; provided that the court in allowing
23             a claim may add to the amount allowed the filing fee
24             paid by the claimant.
25                  (C)  For filing in an estate a claim, petition,
26             or supplemental proceeding   based  upon  an  action
27             seeking  equitable relief including the construction
28             or contest of a will, enforcement of a  contract  to
29             make  a will, and proceedings involving testamentary
30             trusts or the appointment of testamentary  trustees,
31             a minimum of $40 and a maximum of $60.
32                  (D)  For filing in an estate (i) the appearance
33             of any person for the purpose of consent or (ii) the
34             appearance    of    an    executor,   administrator,
 
                            -38-     LRB093 06333 DRJ 13246 a
 1             administrator  to  collect,  guardian,  guardian  ad
 2             litem, or special administrator, no fee.
 3                  (E)  Except   as   provided    in    subsection
 4             (v)(3)(D),  for  filing the appearance of any person
 5             or persons, a minimum of $10 and a maximum of $30.
 6                  (F)  For each jury demand, a minimum of $102.50
 7             and a maximum of $137.50.
 8                  (G)  For disposition of  the  collection  of  a
 9             judgment  or  settlement  of  an action or claim for
10             wrongful death of a decedent  or  of  any  cause  of
11             action   of   a   ward,   when  there  is  no  other
12             administration of the estate, a minimum of $30 and a
13             maximum  of  $50,  less  any   amount   paid   under
14             subsection (v)(1)(B) or (v)(2)(B) except that if the
15             amount  involved  does  not  exceed $5,000, the fee,
16             including any amount paid under subsection (v)(1)(B)
17             or (v)(2)(B), shall  be  a  minimum  of  $10  and  a
18             maximum of $20.
19                  (H)  For  each  certified  copy  of  letters of
20             office, of court order  or  other  certification,  a
21             minimum of $1 and a maximum of $2, plus a minimum of
22             50¢  and  a  maximum  of  $1 per page in excess of 3
23             pages for the document certified.
24                  (I)  For each exemplification, a minimum of  $1
25             and a maximum of $2, plus the fee for certification.
26             (4)  The    executor,    administrator,    guardian,
27        petitioner,  or  other  interested  person  or his or her
28        attorney shall pay the cost of publication by  the  clerk
29        directly to the newspaper.
30             (5)  The person on whose behalf a charge is incurred
31        for   witness,   court   reporter,  appraiser,  or  other
32        miscellaneous fee shall pay  the  same  directly  to  the
33        person entitled thereto.
34             (6)  The    executor,    administrator,    guardian,
 
                            -39-     LRB093 06333 DRJ 13246 a
 1        petitioner,  or  other  interested person or his attorney
 2        shall pay to the clerk all postage  charges  incurred  by
 3        the clerk in mailing petitions, orders, notices, or other
 4        documents  pursuant  to the provisions of the Probate Act
 5        of 1975.
 6    (w)  Criminal and Quasi-Criminal Costs and Fees.
 7             (1)  The clerk shall be entitled  to  costs  in  all
 8        criminal   and  quasi-criminal  cases  from  each  person
 9        convicted or sentenced to supervision therein as follows:
10                  (A)  Felony complaints, a minimum of $80 and  a
11             maximum of $125.
12                  (B)  Misdemeanor  complaints,  a minimum of $50
13             and a maximum of $75.
14                  (C)  Business offense complaints, a minimum  of
15             $50 and a maximum of $75.
16                  (D)  Petty offense complaints, a minimum of $50
17             and a maximum of $75.
18                  (E)  Minor  traffic  or  ordinance  violations,
19             $20.
20                  (F)  When court appearance required, $30.
21                  (G)  Motions to vacate or amend final orders, a
22             minimum of $20 and a maximum of $40.
23                  (H)  Motions  to vacate bond forfeiture orders,
24             a minimum of $20 and a maximum of $30.
25                  (I)  Motions  to  vacate  ex  parte  judgments,
26             whenever filed, a minimum of $20 and  a  maximum  of
27             $30.
28                  (J)  Motions to vacate judgment on forfeitures,
29             whenever  filed,  a  minimum of $20 and a maximum of
30             $25.
31                  (K)  Motions to vacate "failure to  appear"  or
32             "failure to comply" notices sent to the Secretary of
33             State, a minimum of $20 and a maximum of $40.
34             (2)  In  counties  having  a population of more than
 
                            -40-     LRB093 06333 DRJ 13246 a
 1        500,000 but fewer than 3,000,000  inhabitants,  when  the
 2        violation  complaint  is  issued  by  a  municipal police
 3        department, the clerk shall be  entitled  to  costs  from
 4        each person convicted therein as follows:
 5                  (A)  Minor  traffic  or  ordinance  violations,
 6             $10.
 7                  (B)  When court appearance required, $15.
 8             (3)  In ordinance violation cases punishable by fine
 9        only, the clerk of the circuit court shall be entitled to
10        receive,  unless the fee is excused upon a finding by the
11        court that the defendant  is  indigent,  in  addition  to
12        other fees or costs allowed or imposed by law, the sum of
13        a  minimum  of  $50 and a maximum of $112.50 as a fee for
14        the services of a jury.  The jury fee shall  be  paid  by
15        the  defendant  at  the  time  of  filing his or her jury
16        demand.  If the fee is not so paid by the  defendant,  no
17        jury  shall be called, and the case shall be tried by the
18        court without a jury.
19    (x)  Transcripts of Judgment.
20             For the filing of  a  transcript  of  judgment,  the
21        clerk shall be entitled to the same fee as if it were the
22        commencement of new suit.
23    (y)  Change of Venue.
24             (1)  For  the filing of a change of case on a change
25        of venue, the clerk shall be entitled to the same fee  as
26        if it were the commencement of a new suit.
27             (2)  The  fee  for the preparation and certification
28        of a record on a change of venue to another jurisdiction,
29        when original documents are forwarded, a minimum  of  $25
30        and a maximum of $40.
31    (z)  Tax objection complaints.
32             For  each  tax objection complaint containing one or
33        more tax objections, regardless of the number of  parcels
34        involved  or  the  number  of  taxpayers  joining  in the
 
                            -41-     LRB093 06333 DRJ 13246 a
 1        complaint, a minimum of $25 and a maximum of $50.
 2    (aa)  Tax Deeds.
 3             (1)  Petition for tax deed, if only  one  parcel  is
 4        involved, a minimum of $150 and a maximum of $250.
 5             (2)  For  each  additional  parcel,  add  a fee of a
 6        minimum of $50 and a maximum of $100.
 7    (bb)  Collections.
 8             (1)  For all collections made of others, except  the
 9        State  and  county  and  except  in  maintenance or child
10        support cases, a sum equal to a minimum  of  2.5%  and  a
11        maximum of 3.0% of the amount collected and turned over.
12             (2)  Interest  earned on any funds held by the clerk
13        shall be turned over to the county  general  fund  as  an
14        earning of the office.
15             (3)  For  any check, draft, or other bank instrument
16        returned to the clerk for non-sufficient  funds,  account
17        closed, or payment stopped, $25.
18             (4)  In  child  support  and  maintenance cases, the
19        clerk, if authorized by an ordinance of the county board,
20        may collect an annual fee of up to $36  from  the  person
21        making  payment for maintaining child support records and
22        the processing of support orders to the State of Illinois
23        KIDS system and the recording of payments issued  by  the
24        State  Disbursement  Unit  for the official record of the
25        Court. This fee shall be in addition to and separate from
26        amounts ordered  to  be  paid  as  maintenance  or  child
27        support   and   shall   be   deposited  into  a  Separate
28        Maintenance and Child Support Collection Fund,  of  which
29        the  clerk shall be the custodian, ex-officio, to be used
30        by the clerk to maintain child support orders and  record
31        all  payments  issued  by the State Disbursement Unit for
32        the official record of the Court. The clerk  may  recover
33        from  the  person making the maintenance or child support
34        payment any additional cost incurred in the collection of
 
                            -42-     LRB093 06333 DRJ 13246 a
 1        this annual fee.
 2             The clerk shall also be entitled to a fee of $5  for
 3        certifications made to the Secretary of State as provided
 4        in  Section  7-703 of the Family Financial Responsibility
 5        Law and these fees  shall  also  be  deposited  into  the
 6        Separate Maintenance and Child Support Collection Fund.
 7    (cc)  Corrections of Numbers.
 8             For  correction  of  the case number, case title, or
 9        attorney computer identification number, if  required  by
10        rule  of  court,  on  any  document  filed in the clerk's
11        office, to be charged against the party  that  filed  the
12        document, a minimum of $15 and a maximum of $25.
13    (dd)  Exceptions.
14             The fee requirements of this Section shall not apply
15        to  police departments or other law enforcement agencies.
16        In this Section, "law enforcement agency" means an agency
17        of the State or a  unit  of  local  government  which  is
18        vested  by  law  or  ordinance  with the duty to maintain
19        public order and to enforce criminal laws or  ordinances.
20        "Law  enforcement agency" also means the Attorney General
21        or any state's attorney. The  fee  requirements  of  this
22        Section  shall  not  apply to any action instituted under
23        subsection  (b)  of  Section  11-31-1  of  the   Illinois
24        Municipal  Code  by  a  private  owner  or tenant of real
25        property within  1200  feet  of  a  dangerous  or  unsafe
26        building  seeking an order compelling the owner or owners
27        of the building to take any  of  the  actions  authorized
28        under that subsection.
29             The fee requirements of this Section shall not apply
30        to  the filing of any commitment petition or petition for
31        an order authorizing  the  administration  of  authorized
32        involuntary treatment in the form of medication under the
33        Mental Health and Developmental Disabilities Code.
34    (ee)  Adoptions.
 
                            -43-     LRB093 06333 DRJ 13246 a
 1             (1)  For an adoption.............................$65
 2             (2)  Upon  good cause shown, the court may waive the
 3        adoption filing fee in a  special  needs  adoption.   The
 4        term  "special  needs  adoption"  shall  have the meaning
 5        ascribed to it by the Illinois Department of Children and
 6        Family Services.
 7    (ff)  Adoption exemptions.
 8             No fee other than that set forth in subsection  (ee)
 9        shall  be  charged  to  any  person in connection with an
10        adoption proceeding.
11    (Source: P.A. 91-321,  eff.  1-1-00;  91-612,  eff.  10-1-99;
12    92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)

13        (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
14        Sec.  27.2a.  The fees of the clerks of the circuit court
15    in all counties having a  population  of  3,000,000  or  more
16    inhabitants  in the instances described in this Section shall
17    be as provided in this Section.  In those instances  where  a
18    minimum  and  maximum fee is stated, the clerk of the circuit
19    court must charge the minimum fee listed and may charge up to
20    the maximum  fee  if  the  county  board  has  by  resolution
21    increased  the  fee.  The  fees  shall be paid in advance and
22    shall be as follows:
23    (a)  Civil Cases.
24             The fee for filing a complaint, petition,  or  other
25        pleading  initiating  a  civil action, with the following
26        exceptions, shall be a minimum of $190 and a  maximum  of
27        $240.
28                  (A)  When the amount of money or damages or the
29             value  of  personal property claimed does not exceed
30             $250, a minimum of $15 and a maximum of $22.
31                  (B)  When that amount exceeds $250 but does not
32             exceed $1000, a minimum of $40 and a maximum of $75.
33                  (C)  When that amount exceeds  $1000  but  does
 
                            -44-     LRB093 06333 DRJ 13246 a
 1             not  exceed $2500, a minimum of $50 and a maximum of
 2             $80.
 3                  (D)  When that amount exceeds  $2500  but  does
 4             not exceed $5000, a minimum of $100 and a maximum of
 5             $130.
 6                  (E)  When  that  amount  exceeds $5000 but does
 7             not exceed $15,000, $150.
 8                  (F)  For the exercise of eminent domain,  $150.
 9             For each additional lot or tract of land or right or
10             interest   therein  subject  to  be  condemned,  the
11             damages in respect to which shall  require  separate
12             assessment by a jury, $150.
13                  (G)  For  the  final  determination of parking,
14             standing,  and  compliance  violations   and   final
15             administrative   decisions   issued  after  hearings
16             regarding  vehicle  immobilization  and  impoundment
17             made pursuant  to  Sections  3-704.1,  6-306.5,  and
18             11-208.3 of the Illinois Vehicle Code, $25.
19    (b)  Forcible Entry and Detainer.
20             In  each  forcible  entry and detainer case when the
21        plaintiff seeks possession only or unites with his or her
22        claim for possession of the property a claim for rent  or
23        damages  or  both  in  the  amount  of $15,000 or less, a
24        minimum of $75 and a maximum of $140.  When the plaintiff
25        unites his or her claim for possession with a  claim  for
26        rent  or  damages or both exceeding $15,000, a minimum of
27        $225 and a maximum of $335.
28    (c)  Counterclaim or Joining Third Party Defendant.
29             When any defendant files a counterclaim as  part  of
30        his  or her answer or otherwise or joins another party as
31        a third party defendant, or both, the defendant shall pay
32        a fee for each counterclaim or third party action  in  an
33        amount  equal  to the fee he or she would have had to pay
34        had he or she brought a separate action  for  the  relief
 
                            -45-     LRB093 06333 DRJ 13246 a
 1        sought  in  the  counterclaim  or against the third party
 2        defendant, less the amount of the appearance fee, if that
 3        has been paid.
 4    (d)  Confession of Judgment.
 5             In a confession of judgment when the amount does not
 6        exceed $1500, a minimum of $60  and  a  maximum  of  $70.
 7        When the amount exceeds $1500, but does not exceed $5000,
 8        a  minimum  of $75 and a maximum of $150. When the amount
 9        exceeds $5000, but does not exceed $15,000, a minimum  of
10        $175  and  a  maximum  of  $260.  When the amount exceeds
11        $15,000, a minimum of $250 and a maximum of $310.
12    (e)  Appearance.
13             The fee for filing an appearance in each civil  case
14        shall  be  a minimum of $75 and a maximum of $110, except
15        as follows:
16                  (A)  When the plaintiff in a forcible entry and
17             detainer case seeks possession only,  a  minimum  of
18             $40 and a maximum of $80.
19                  (B)  When  the  amount  in  the  case  does not
20             exceed $1500, a minimum of $40 and a maximum of $80.
21                  (C)  When that amount exceeds  $1500  but  does
22             not  exceed  $15,000, a minimum of $60 and a maximum
23             of $90.
24    (f)  Garnishment, Wage Deduction, and Citation.
25             In garnishment affidavit, wage deduction  affidavit,
26        and  citation  petition  when  the amount does not exceed
27        $1,000, a minimum of $15 and a maximum of $25;  when  the
28        amount  exceeds  $1,000  but  does  not  exceed $5,000, a
29        minimum of $30 and a maximum of $45; and when the  amount
30        exceeds $5,000, a minimum of $50 and a maximum of $80.
31    (g)  Petition to Vacate or Modify.
32             (1)  Petition to vacate or modify any final judgment
33        or  order of court, except in forcible entry and detainer
34        cases and small claims cases or a petition to  reopen  an
 
                            -46-     LRB093 06333 DRJ 13246 a
 1        estate,  to  modify,  terminate, or enforce a judgment or
 2        order  for  child  or  spousal  support,  or  to  modify,
 3        suspend, or terminate an order for withholding, if  filed
 4        before  30 days after the entry of the judgment or order,
 5        a minimum of $50 and a maximum of $60.
 6             (2)  Petition to vacate or modify any final judgment
 7        or  order  of  court,  except  a  petition   to   modify,
 8        terminate,  or  enforce  a judgment or order for child or
 9        spousal support or to modify, suspend,  or  terminate  an
10        order  for withholding, if filed later than 30 days after
11        the entry of the judgment or order, a minimum of $75  and
12        a maximum of $90.
13             (3)  Petition  to vacate order of bond forfeiture, a
14        minimum of $40 and a maximum of $80.
15    (h)  Mailing.
16             When the clerk is required to mail, the fee will  be
17        a  minimum  of $10 and a maximum of $15, plus the cost of
18        postage.
19    (i)  Certified Copies.
20             Each certified copy of a judgment after  the  first,
21        except  in  small  claims and forcible entry and detainer
22        cases, a minimum of $15 and a maximum of $20.
23    (j)  Habeas Corpus.
24             For filing a petition for relief by habeas corpus, a
25        minimum of $125 and a maximum of $190.
26    (k)  Certification, Authentication, and Reproduction.
27             (1)  Each certification or authentication for taking
28        the acknowledgment of  a  deed  or  other  instrument  in
29        writing  with  the  seal of office, a minimum of $6 and a
30        maximum of $9.
31             (2)  Court  appeals  when  original  documents   are
32        forwarded,  under  100  pages, plus delivery and costs, a
33        minimum of $75 and a maximum of $110.
34             (3)  Court  appeals  when  original  documents   are
 
                            -47-     LRB093 06333 DRJ 13246 a
 1        forwarded,  over  100  pages,  plus delivery and costs, a
 2        minimum of $150 and a maximum of $185.
 3             (4)  Court  appeals  when  original  documents   are
 4        forwarded, over 200 pages, an additional fee of a minimum
 5        of 25 and a maximum of 30 cents 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.
16        The Clerk shall not charge any new or additional fee  for
17        the  reinstatement.   Upon  reinstatement the Clerk shall
18        advise the parties of the reinstatement.  A  party  shall
19        have  the  same  right  to  a  jury  trial  on remand and
20        reinstatement as he or she had before the appeal, and  no
21        additional  or new fee or charge shall be made for a jury
22        trial after 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 a minimum of $6 and a  maximum  of  $9  for
27        each year searched.
28    (n)  Hard Copy.
29             For  each  page of hard copy print output, when case
30        records are maintained on an automated medium, the  clerk
31        shall  be  entitled  to  a  fee  of a minimum of $6 and a
32        maximum of $9.
33    (o)  Index Inquiry and Other Records.
34             No   fee   shall   be   charged   for    a    single
 
                            -48-     LRB093 06333 DRJ 13246 a
 1        plaintiff/defendant  index  inquiry or single case record
 2        inquiry when this request  is  made  in  person  and  the
 3        records are maintained in a current automated medium, and
 4        when no hard copy print output is requested.  The fees to
 5        be charged for management records, multiple case records,
 6        and  multiple  journal  records  may  be specified by the
 7        Chief Judge pursuant to the  guidelines  for  access  and
 8        dissemination  of  information  approved  by  the Supreme
 9        Court.
10    (p)  (Blank).  Commitment Petitions.
11             For filing commitment  petitions  under  the  Mental
12        Health  and Developmental Disabilities Code, a minimum of
13        $50 and a maximum of $100.
14    (q)  Alias Summons.
15             For each alias summons or  citation  issued  by  the
16        clerk, a minimum of $5 and a maximum of $6.
17    (r)  Other Fees.
18             Any fees not covered in this Section shall be set by
19        rule  or  administrative  order of the Circuit Court with
20        the approval of the Administrative Office of the Illinois
21        Courts.
22             The  clerk  of  the  circuit   court   may   provide
23        additional  services  for which there is no fee specified
24        by statute  in  connection  with  the  operation  of  the
25        clerk's  office  as  may  be  requested by the public and
26        agreed to by the clerk and approved by the chief judge of
27        the circuit court.  Any charges for  additional  services
28        shall  be  as  agreed  to between the clerk and the party
29        making the request and approved by the chief judge of the
30        circuit court.   Nothing  in  this  subsection  shall  be
31        construed to require any clerk to provide any service not
32        otherwise required by law.
33    (s)  Jury Services.
34             The  clerk shall be entitled to receive, in addition
 
                            -49-     LRB093 06333 DRJ 13246 a
 1        to other fees allowed by law, the sum  of  a  minimum  of
 2        $212.50 and maximum of $230, as a fee for the services of
 3        a  jury  in  every civil action not quasi-criminal in its
 4        nature and not a proceeding for the exercise of the right
 5        of eminent domain and in every other action  wherein  the
 6        right  of  trial  by jury is or may be given by law.  The
 7        jury fee shall be paid by the party demanding a  jury  at
 8        the  time  of  filing the jury demand.  If the fee is not
 9        paid by either party, no jury  shall  be  called  in  the
10        action  or proceeding, and the same shall be tried by the
11        court without a jury.
12    (t)  Voluntary Assignment.
13             For filing each  deed  of  voluntary  assignment,  a
14        minimum  of  $20  and a maximum of $40; for recording the
15        same, a minimum of 50¢ and a maximum of  $0.80  for  each
16        100  words.  Exceptions  filed  to claims presented to an
17        assignee of a debtor who has made a voluntary  assignment
18        for  the  benefit  of  creditors  shall be considered and
19        treated, for the purpose  of  taxing  costs  therein,  as
20        actions   in  which  the  party  or  parties  filing  the
21        exceptions  shall  be  considered  as  party  or  parties
22        plaintiff, and the claimant  or  claimants  as  party  or
23        parties  defendant,  and those parties respectively shall
24        pay to the clerk  the  same  fees  as  provided  by  this
25        Section to be paid in other actions.
26    (u)  Expungement Petition.
27             The  clerk  shall  be entitled to receive a fee of a
28        minimum of $60 and a maximum of $120 for each expungement
29        petition filed and an additional fee of a minimum  of  $4
30        and  a maximum of $8 for  each certified copy of an order
31        to expunge arrest records.
32    (v)  Probate.
33             The clerk is entitled to receive the fees  specified
34        in  this  subsection (v), which shall be paid in advance,
 
                            -50-     LRB093 06333 DRJ 13246 a
 1        except that, for good cause shown, the court may suspend,
 2        reduce,  or  release  the  costs   payable   under   this
 3        subsection:
 4             (1)  For  administration of the estate of a decedent
 5        (whether testate or intestate) or of a missing person,  a
 6        minimum  of  $150  and  a  maximum of $225, plus the fees
 7        specified in subsection (v)(3), except:
 8                  (A)  When the value of the  real  and  personal
 9             property does not exceed $15,000, the fee shall be a
10             minimum of $40 and a maximum of $65.
11                  (B)  When  (i) proof of heirship alone is made,
12             (ii) a domestic  or  foreign  will  is  admitted  to
13             probate  without  administration (including proof of
14             heirship), or (iii) letters of office are issued for
15             a particular purpose without administration  of  the
16             estate,  the  fee  shall  be  a minimum of $40 and a
17             maximum of $65.
18             (2)  For administration of the estate of a  ward,  a
19        minimum  of  $75  and  a  maximum  of $110, plus the fees
20        specified in subsection (v)(3), except:
21                  (A)  When the value of the  real  and  personal
22             property does not exceed $15,000, the fee shall be a
23             minimum of $40 and a maximum of $65.
24                  (B)  When (i) letters of office are issued to a
25             guardian  of  the  person or persons, but not of the
26             estate or (ii) letters of office are issued  in  the
27             estate  of  a  ward  without  administration  of the
28             estate, including filing or joining in the filing of
29             a tax return or releasing a mortgage  or  consenting
30             to  the  marriage  of  the  ward, the fee shall be a
31             minimum of $20 and a maximum of $40.
32             (3)  In  addition  to   the   fees   payable   under
33        subsection   (v)(1)   or  (v)(2)  of  this  Section,  the
34        following fees are payable:
 
                            -51-     LRB093 06333 DRJ 13246 a
 1                  (A)  For each account  (other  than  one  final
 2             account) filed in the estate of a decedent, or ward,
 3             a minimum of $25 and a maximum of $40.
 4                  (B)  For  filing  a claim in an estate when the
 5             amount claimed is $150 or more but less than $500, a
 6             minimum of $20 and a maximum of $40; when the amount
 7             claimed is $500 or more but  less  than  $10,000,  a
 8             minimum of $40 and a maximum of $65; when the amount
 9             claimed  is  $10,000 or more, a minimum of $60 and a
10             maximum of $90; provided that the court in  allowing
11             a claim may add to the amount allowed the filing fee
12             paid by the claimant.
13                  (C)  For filing in an estate a claim, petition,
14             or  supplemental  proceeding  based  upon  an action
15             seeking equitable relief including the  construction
16             or  contest  of a will, enforcement of a contract to
17             make a will, and proceedings involving  testamentary
18             trusts  or the appointment of testamentary trustees,
19             a minimum of $60 and a maximum of $90.
20                  (D)  For filing in an estate (i) the appearance
21             of any person for the purpose of consent or (ii) the
22             appearance   of    an    executor,    administrator,
23             administrator  to  collect,  guardian,  guardian  ad
24             litem, or special administrator, no fee.
25                  (E)  Except    as    provided   in   subsection
26             (v)(3)(D), for filing the appearance of  any  person
27             or persons, a minimum of $30 and a maximum of $90.
28                  (F)  For each jury demand, a minimum of $137.50
29             and a maximum of $180.
30                  (G)  For  disposition  of  the  collection of a
31             judgment or settlement of an  action  or  claim  for
32             wrongful  death  of  a  decedent  or of any cause of
33             action  of  a  ward,  when   there   is   no   other
34             administration of the estate, a minimum of $50 and a
 
                            -52-     LRB093 06333 DRJ 13246 a
 1             maximum   of   $80,   less  any  amount  paid  under
 2             subsection (v)(1)(B) or (v)(2)(B) except that if the
 3             amount involved does not  exceed  $5,000,  the  fee,
 4             including any amount paid under subsection (v)(1)(B)
 5             or  (v)(2)(B),  shall  be  a  minimum  of  $20 and a
 6             maximum of $40.
 7                  (H)  For each  certified  copy  of  letters  of
 8             office,  of  court  order  or other certification, a
 9             minimum of $2 and a maximum of $4, plus $1 per  page
10             in excess of 3 pages for the document certified.
11                  (I)  For each exemplification, $2, plus the fee
12             for certification.
13             (4)  The    executor,    administrator,    guardian,
14        petitioner,  or  other  interested  person  or his or her
15        attorney shall pay the cost of publication by  the  clerk
16        directly to the newspaper.
17             (5)  The person on whose behalf a charge is incurred
18        for   witness,   court   reporter,  appraiser,  or  other
19        miscellaneous fee shall pay  the  same  directly  to  the
20        person entitled thereto.
21             (6)  The    executor,    administrator,    guardian,
22        petitioner,  or  other  interested  person  or his or her
23        attorney shall pay  to  the  clerk  all  postage  charges
24        incurred  by  the  clerk  in  mailing  petitions, orders,
25        notices, or other documents pursuant to the provisions of
26        the Probate Act of 1975.
27    (w)  Criminal and Quasi-Criminal Costs and Fees.
28             (1)  The clerk shall be entitled  to  costs  in  all
29        criminal   and  quasi-criminal  cases  from  each  person
30        convicted or sentenced to supervision therein as follows:
31                  (A)  Felony complaints, a minimum of $125 and a
32             maximum of $190.
33                  (B)  Misdemeanor complaints, a minimum  of  $75
34             and a maximum of $110.
 
                            -53-     LRB093 06333 DRJ 13246 a
 1                  (C)  Business  offense complaints, a minimum of
 2             $75 and a maximum of $110.
 3                  (D)  Petty offense complaints, a minimum of $75
 4             and a maximum of $110.
 5                  (E)  Minor  traffic  or  ordinance  violations,
 6             $30.
 7                  (F)  When court appearance required, $50.
 8                  (G)  Motions to vacate or amend final orders, a
 9             minimum of $40 and a maximum of $80.
10                  (H)  Motions to vacate bond forfeiture  orders,
11             a minimum of $30 and a maximum of $45.
12                  (I)  Motions  to  vacate  ex  parte  judgments,
13             whenever  filed,  a  minimum of $30 and a maximum of
14             $45.
15                  (J)  Motions to vacate judgment on forfeitures,
16             whenever filed, a minimum of $25 and  a  maximum  of
17             $30.
18                  (K)  Motions  to  vacate "failure to appear" or
19             "failure to comply" notices sent to the Secretary of
20             State, a minimum of $40 and a maximum of $50.
21             (2)  In counties having a population of 3,000,000 or
22        more,  when  the  violation  complaint  is  issued  by  a
23        municipal police department, the clerk shall be  entitled
24        to costs from each person convicted therein as follows:
25                  (A)  Minor  traffic  or  ordinance  violations,
26             $30.
27                  (B)  When court appearance required, $50.
28             (3)  In ordinance violation cases punishable by fine
29        only, the clerk of the circuit court shall be entitled to
30        receive,  unless the fee is excused upon a finding by the
31        court that the defendant  is  indigent,  in  addition  to
32        other fees or costs allowed or imposed by law, the sum of
33        a  minimum  of $112.50 and a maximum of $250 as a fee for
34        the services of a jury.  The jury fee shall  be  paid  by
 
                            -54-     LRB093 06333 DRJ 13246 a
 1        the  defendant  at  the  time  of  filing his or her jury
 2        demand.  If the fee is not so paid by the  defendant,  no
 3        jury  shall be called, and the case shall be tried by the
 4        court without a jury.
 5    (x)  Transcripts of Judgment.
 6             For the filing of  a  transcript  of  judgment,  the
 7        clerk shall be entitled to the same fee as if it were the
 8        commencement of a new suit.
 9    (y)  Change of Venue.
10             (1)  For  the filing of a change of case on a change
11        of venue, the clerk shall be entitled to the same fee  as
12        if it were the commencement of a new suit.
13             (2)  The  fee  for the preparation and certification
14        of a record on a change of venue to another jurisdiction,
15        when original documents are forwarded, a minimum  of  $40
16        and a maximum of $65.
17    (z)  Tax objection complaints.
18             For  each  tax objection complaint containing one or
19        more tax objections, regardless of the number of  parcels
20        involved  or  the  number  of  taxpayers  joining  in the
21        complaint, a minimum of $50 and a maximum of $100.
22    (aa)  Tax Deeds.
23             (1)  Petition for tax deed, if only  one  parcel  is
24        involved, a minimum of $250 and a maximum of $400.
25             (2)  For  each  additional  parcel,  add  a fee of a
26        minimum of $100 and a maximum of $200.
27    (bb)  Collections.
28             (1)  For all collections made of others, except  the
29        State  and  county  and  except  in  maintenance or child
30        support  cases,  a  sum  equal  to  3.0%  of  the  amount
31        collected and turned over.
32             (2)  Interest earned on any funds held by the  clerk
33        shall  be  turned  over  to the county general fund as an
34        earning of the office.
 
                            -55-     LRB093 06333 DRJ 13246 a
 1             (3)  For any check, draft, or other bank  instrument
 2        returned  to  the clerk for non-sufficient funds, account
 3        closed, or payment stopped, $25.
 4             (4)  In child support  and  maintenance  cases,  the
 5        clerk, if authorized by an ordinance of the county board,
 6        may  collect  an  annual fee of up to $36 from the person
 7        making payment for maintaining child support records  and
 8        the processing of support orders to the State of Illinois
 9        KIDS  system  and the recording of payments issued by the
10        State Disbursement Unit for the official  record  of  the
11        Court.   This  fee  shall  be in addition to and separate
12        from amounts ordered to be paid as maintenance  or  child
13        support   and   shall   be   deposited  into  a  Separate
14        Maintenance and Child Support Collection Fund,  of  which
15        the  clerk shall be the custodian, ex-officio, to be used
16        by the clerk to maintain child support orders and  record
17        all  payments  issued  by the State Disbursement Unit for
18        the official record of the Court.  The clerk may  recover
19        from  the  person making the maintenance or child support
20        payment any additional cost incurred in the collection of
21        this annual fee.
22             The clerk shall also be entitled to a fee of $5  for
23        certifications made to the Secretary of State as provided
24        in  Section  7-703 of the Family Financial Responsibility
25        Law and these fees  shall  also  be  deposited  into  the
26        Separate Maintenance and Child Support Collection Fund.
27    (cc)  Corrections of Numbers.
28             For  correction  of  the case number, case title, or
29        attorney computer identification number, if  required  by
30        rule  of  court,  on  any  document  filed in the clerk's
31        office, to be charged against the party  that  filed  the
32        document, a minimum of $25 and a maximum of $40.
33    (dd)  Exceptions.
34             (1)  The  fee requirements of this Section shall not
 
                            -56-     LRB093 06333 DRJ 13246 a
 1        apply to police  departments  or  other  law  enforcement
 2        agencies.   In  this  Section,  "law  enforcement agency"
 3        means  an  agency  of  the  State  or  a  unit  of  local
 4        government which is vested by law or ordinance  with  the
 5        duty  to  maintain  public  order and to enforce criminal
 6        laws or ordinances.  "Law enforcement agency" also  means
 7        the Attorney General or any state's attorney.
 8             (2)  No  fee provided herein shall be charged to any
 9        unit of local government  or  school  district.  The  fee
10        requirements  of  this  Section  shall  not  apply to any
11        action instituted under subsection (b) of Section 11-31-1
12        of the Illinois Municipal Code  by  a  private  owner  or
13        tenant  of  real property within 1200 feet of a dangerous
14        or unsafe building seeking an order compelling the  owner
15        or  owners  of  the  building  to take any of the actions
16        authorized under that subsection.
17             (3)  The fee requirements of this Section shall  not
18        apply  to  the  filing  of  any  commitment  petition  or
19        petition  for  an order authorizing the administration of
20        authorized  involuntary  treatment   in   the   form   of
21        medication  under  the  Mental  Health  and Developmental
22        Disabilities Code.
23    (ee)  Adoption.
24             (1)  For an adoption.............................$65
25             (2)  Upon good cause shown, the court may waive  the
26        adoption  filing  fee  in  a special needs adoption.  The
27        term "special needs  adoption"  shall  have  the  meaning
28        ascribed to it by the Illinois Department of Children and
29        Family Services.
30    (ff)  Adoption exemptions.
31             No  fee other than that set forth in subsection (ee)
32        shall be charged to any  person  in  connection  with  an
33        adoption proceeding.
34    (Source: P.A.  91-321,  eff.  1-1-00;  91-612,  eff. 10-1-99;
 
                            -57-     LRB093 06333 DRJ 13246 a
 1    91-821, eff. 6-13-00; 92-521, eff. 6-1-02.)

 2        Section 99.  Effective date.  This Act takes effect  upon
 3    becoming law.".