98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0128

 

Introduced 1/10/2013, by Rep. Monique D. Davis

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.415 rep.
305 ILCS 5/10-17.6  from Ch. 23, par. 10-17.6
625 ILCS 5/2-119  from Ch. 95 1/2, par. 2-119
625 ILCS 5/6-103  from Ch. 95 1/2, par. 6-103
625 ILCS 5/6-107.1
625 ILCS 5/6-118
625 ILCS 5/6-303  from Ch. 95 1/2, par. 6-303
625 ILCS 5/7-100  from Ch. 95 1/2, par. 7-100
625 ILCS 5/Ch. 7 Art. VII rep.
705 ILCS 105/27.1a  from Ch. 25, par. 27.1a
705 ILCS 105/27.2  from Ch. 25, par. 27.2
750 ILCS 5/505  from Ch. 40, par. 505
750 ILCS 5/607.1  from Ch. 40, par. 607.1
750 ILCS 16/50

    Amends the State Finance Act. Repeals the Family Responsibility Fund. Amends the Illinois Public Aid Code. Removes driver's licenses from the licenses that may be suspended for failure to respond to a subpoena or warrant regarding paternity or for failure to make timely support payments. Amends the Illinois Vehicle Code. Removes the prohibition on issuance of a driver's license to persons that are delinquent in making support payments and limits the prohibition on issuance of a driver's license to persons that have not posted security or proof of financial responsibility to those persons who have failed to do so in connection with the requirements of Chapter 7 of the Illinois Vehicle Code. Repeals the Family Financial Responsibility Law. Amends the Marriage and Dissolution Act and the Non-Support Punishment Act. Prohibits the suspension of a driver's license for visitation abuse or delinquency of court ordered support payments.


LRB098 04226 MLW 34251 b

 

 

A BILL FOR

 

HB0128LRB098 04226 MLW 34251 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    (30 ILCS 105/5.415 rep.)
5    Section 5. The State Finance Act is amended by repealing
6Section 5.415.
 
7    Section 10. The Illinois Public Aid Code is amended by
8changing Section 10-17.6 as follows:
 
9    (305 ILCS 5/10-17.6)  (from Ch. 23, par. 10-17.6)
10    Sec. 10-17.6. Certification of Information to Licensing
11Agencies.
12    (a) The Illinois Department may provide by rule for
13certification to any State licensing agency to suspend, revoke,
14or deny issuance or renewal of licenses, except driver's
15licenses, because of (i) the failure of responsible relatives
16to comply with subpoenas or warrants relating to paternity or
17child support proceedings and (ii) past due support owed by
18responsible relatives under a support order entered by a court
19or administrative body of this or any other State on behalf of
20resident or non-resident persons receiving child support
21enforcement services under Title IV, Part D of the Social
22Security Act. The rule shall provide for notice to and an

 

 

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1opportunity to be heard by each responsible relative affected
2and any final administrative decision rendered by the
3Department shall be reviewed only under and in accordance with
4the Administrative Review Law.
5    (b) (Blank). The Illinois Department may provide by rule
6for directing the Secretary of State to issue family financial
7responsibility driving permits upon petition of responsible
8relatives whose driver's licenses have been suspended in
9accordance with subsection (b) of Section 7-702.1 of the
10Illinois Vehicle Code. Any final administrative decisions
11rendered by the Department upon such petitions shall be
12reviewable only under and in accordance with the Administrative
13Review Law.
14(Source: P.A. 95-685, eff. 10-23-07; 96-1284, eff. 1-1-11.)
 
15    Section 15. The Illinois Vehicle Code is amended by
16changing Sections 2-119, 6-103, 6-107.1, 6-118, 6-303, and
177-100 as follows:
 
18    (625 ILCS 5/2-119)  (from Ch. 95 1/2, par. 2-119)
19    Sec. 2-119. Disposition of fees and taxes.
20    (a) All moneys received from Salvage Certificates shall be
21deposited in the Common School Fund in the State Treasury.
22    (b) Beginning January 1, 1990 and concluding December 31,
231994, of the money collected for each certificate of title,
24duplicate certificate of title and corrected certificate of

 

 

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1title, $0.50 shall be deposited into the Used Tire Management
2Fund. Beginning January 1, 1990 and concluding December 31,
31994, of the money collected for each certificate of title,
4duplicate certificate of title and corrected certificate of
5title, $1.50 shall be deposited in the Park and Conservation
6Fund.
7    Beginning January 1, 1995, of the money collected for each
8certificate of title, duplicate certificate of title and
9corrected certificate of title, $3.25 shall be deposited in the
10Park and Conservation Fund. The moneys deposited in the Park
11and Conservation Fund pursuant to this Section shall be used
12for the acquisition and development of bike paths as provided
13for in Section 805-420 of the Department of Natural Resources
14(Conservation) Law (20 ILCS 805/805-420). The monies deposited
15into the Park and Conservation Fund under this subsection shall
16not be subject to administrative charges or chargebacks unless
17otherwise authorized by this Act.
18    Beginning January 1, 2000, of the moneys collected for each
19certificate of title, duplicate certificate of title, and
20corrected certificate of title, $48 shall be deposited into the
21Road Fund and $4 shall be deposited into the Motor Vehicle
22License Plate Fund, except that if the balance in the Motor
23Vehicle License Plate Fund exceeds $40,000,000 on the last day
24of a calendar month, then during the next calendar month the $4
25shall instead be deposited into the Road Fund.
26    Beginning January 1, 2005, of the moneys collected for each

 

 

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1delinquent vehicle registration renewal fee, $20 shall be
2deposited into the General Revenue Fund.
3    Except as otherwise provided in this Code, all remaining
4moneys collected for certificates of title, and all moneys
5collected for filing of security interests, shall be placed in
6the General Revenue Fund in the State Treasury.
7    (c) All moneys collected for that portion of a driver's
8license fee designated for driver education under Section 6-118
9shall be placed in the Driver Education Fund in the State
10Treasury.
11    (d) Beginning January 1, 1999, of the monies collected as a
12registration fee for each motorcycle, motor driven cycle and
13moped, 27% of each annual registration fee for such vehicle and
1427% of each semiannual registration fee for such vehicle is
15deposited in the Cycle Rider Safety Training Fund.
16    (e) Of the monies received by the Secretary of State as
17registration fees or taxes or as payment of any other fee, as
18provided in this Act, except fees received by the Secretary
19under paragraph (7) of subsection (b) of Section 5-101 and
20Section 5-109 of this Code, 37% shall be deposited into the
21State Construction Fund.
22    (f) Of the total money collected for a CDL instruction
23permit or original or renewal issuance of a commercial driver's
24license (CDL) pursuant to the Uniform Commercial Driver's
25License Act (UCDLA): (i) $6 of the total fee for an original or
26renewal CDL, and $6 of the total CDL instruction permit fee

 

 

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1when such permit is issued to any person holding a valid
2Illinois driver's license, shall be paid into the
3CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
4Information System/American Association of Motor Vehicle
5Administrators network Trust Fund) and shall be used for the
6purposes provided in Section 6z-23 of the State Finance Act and
7(ii) $20 of the total fee for an original or renewal CDL or
8commercial driver instruction permit shall be paid into the
9Motor Carrier Safety Inspection Fund, which is hereby created
10as a special fund in the State Treasury, to be used by the
11Department of State Police, subject to appropriation, to hire
12additional officers to conduct motor carrier safety
13inspections pursuant to Chapter 18b of this Code.
14    (g) All remaining moneys received by the Secretary of State
15as registration fees or taxes or as payment of any other fee,
16as provided in this Act, except fees received by the Secretary
17under paragraph (7)(A) of subsection (b) of Section 5-101 and
18Section 5-109 of this Code, shall be deposited in the Road Fund
19in the State Treasury. Moneys in the Road Fund shall be used
20for the purposes provided in Section 8.3 of the State Finance
21Act.
22    (h) (Blank).
23    (i) (Blank).
24    (j) (Blank).
25    (k) There is created in the State Treasury a special fund
26to be known as the Secretary of State Special License Plate

 

 

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1Fund. Money deposited into the Fund shall, subject to
2appropriation, be used by the Office of the Secretary of State
3(i) to help defray plate manufacturing and plate processing
4costs for the issuance and, when applicable, renewal of any new
5or existing registration plates authorized under this Code and
6(ii) for grants made by the Secretary of State to benefit
7Illinois Veterans Home libraries.
8    On or before October 1, 1995, the Secretary of State shall
9direct the State Comptroller and State Treasurer to transfer
10any unexpended balance in the Special Environmental License
11Plate Fund, the Special Korean War Veteran License Plate Fund,
12and the Retired Congressional License Plate Fund to the
13Secretary of State Special License Plate Fund.
14    (l) The Motor Vehicle Review Board Fund is created as a
15special fund in the State Treasury. Moneys deposited into the
16Fund under paragraph (7) of subsection (b) of Section 5-101 and
17Section 5-109 shall, subject to appropriation, be used by the
18Office of the Secretary of State to administer the Motor
19Vehicle Review Board, including without limitation payment of
20compensation and all necessary expenses incurred in
21administering the Motor Vehicle Review Board under the Motor
22Vehicle Franchise Act.
23    (m)  (Blank). Effective July 1, 1996, there is created in
24the State Treasury a special fund to be known as the Family
25Responsibility Fund. Moneys deposited into the Fund shall,
26subject to appropriation, be used by the Office of the

 

 

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1Secretary of State for the purpose of enforcing the Family
2Financial Responsibility Law.
3    (n) The Illinois Fire Fighters' Memorial Fund is created as
4a special fund in the State Treasury. Moneys deposited into the
5Fund shall, subject to appropriation, be used by the Office of
6the State Fire Marshal for construction of the Illinois Fire
7Fighters' Memorial to be located at the State Capitol grounds
8in Springfield, Illinois. Upon the completion of the Memorial,
9moneys in the Fund shall be used in accordance with Section
103-634.
11    (o) Of the money collected for each certificate of title
12for all-terrain vehicles and off-highway motorcycles, $17
13shall be deposited into the Off-Highway Vehicle Trails Fund.
14    (p) For audits conducted on or after July 1, 2003 pursuant
15to Section 2-124(d) of this Code, 50% of the money collected as
16audit fees shall be deposited into the General Revenue Fund.
17(Source: P.A. 96-554, eff. 1-1-10; 97-1136, eff. 1-1-13.)
 
18    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
19    Sec. 6-103. What persons shall not be licensed as drivers
20or granted permits. The Secretary of State shall not issue,
21renew, or allow the retention of any driver's license nor issue
22any permit under this Code:
23        1. To any person, as a driver, who is under the age of
24    18 years except as provided in Section 6-107, and except
25    that an instruction permit may be issued under Section

 

 

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1    6-107.1 to a child who is not less than 15 years of age if
2    the child is enrolled in an approved driver education
3    course as defined in Section 1-103 of this Code and
4    requires an instruction permit to participate therein,
5    except that an instruction permit may be issued under the
6    provisions of Section 6-107.1 to a child who is 17 years
7    and 3 months of age without the child having enrolled in an
8    approved driver education course and except that an
9    instruction permit may be issued to a child who is at least
10    15 years and 3 months of age, is enrolled in school, meets
11    the educational requirements of the Driver Education Act,
12    and has passed examinations the Secretary of State in his
13    or her discretion may prescribe;
14        2. To any person who is under the age of 18 as an
15    operator of a motorcycle other than a motor driven cycle
16    unless the person has, in addition to meeting the
17    provisions of Section 6-107 of this Code, successfully
18    completed a motorcycle training course approved by the
19    Illinois Department of Transportation and successfully
20    completes the required Secretary of State's motorcycle
21    driver's examination;
22        3. To any person, as a driver, whose driver's license
23    or permit has been suspended, during the suspension, nor to
24    any person whose driver's license or permit has been
25    revoked, except as provided in Sections 6-205, 6-206, and
26    6-208;

 

 

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1        4. To any person, as a driver, who is a user of alcohol
2    or any other drug to a degree that renders the person
3    incapable of safely driving a motor vehicle;
4        5. To any person, as a driver, who has previously been
5    adjudged to be afflicted with or suffering from any mental
6    or physical disability or disease and who has not at the
7    time of application been restored to competency by the
8    methods provided by law;
9        6. To any person, as a driver, who is required by the
10    Secretary of State to submit an alcohol and drug evaluation
11    or take an examination provided for in this Code unless the
12    person has successfully passed the examination and
13    submitted any required evaluation;
14        7. To any person who is required under the provisions
15    of the laws of this State to deposit security or proof of
16    financial responsibility under Chapter 7 of the Vehicle
17    Code and who has not deposited the security or proof;
18        8. To any person when the Secretary of State has good
19    cause to believe that the person by reason of physical or
20    mental disability would not be able to safely operate a
21    motor vehicle upon the highways, unless the person shall
22    furnish to the Secretary of State a verified written
23    statement, acceptable to the Secretary of State, from a
24    competent medical specialist, a licensed physician
25    assistant who has been delegated the performance of medical
26    examinations by his or her supervising physician, or a

 

 

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1    licensed advanced practice nurse who has a written
2    collaborative agreement with a collaborating physician
3    which authorizes him or her to perform medical
4    examinations, to the effect that the operation of a motor
5    vehicle by the person would not be inimical to the public
6    safety;
7        9. To any person, as a driver, who is 69 years of age
8    or older, unless the person has successfully complied with
9    the provisions of Section 6-109;
10        10. To any person convicted, within 12 months of
11    application for a license, of any of the sexual offenses
12    enumerated in paragraph 2 of subsection (b) of Section
13    6-205;
14        11. To any person who is under the age of 21 years with
15    a classification prohibited in paragraph (b) of Section
16    6-104 and to any person who is under the age of 18 years
17    with a classification prohibited in paragraph (c) of
18    Section 6-104;
19        12. To any person who has been either convicted of or
20    adjudicated under the Juvenile Court Act of 1987 based upon
21    a violation of the Cannabis Control Act, the Illinois
22    Controlled Substances Act, or the Methamphetamine Control
23    and Community Protection Act while that person was in
24    actual physical control of a motor vehicle. For purposes of
25    this Section, any person placed on probation under Section
26    10 of the Cannabis Control Act, Section 410 of the Illinois

 

 

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1    Controlled Substances Act, or Section 70 of the
2    Methamphetamine Control and Community Protection Act shall
3    not be considered convicted. Any person found guilty of
4    this offense, while in actual physical control of a motor
5    vehicle, shall have an entry made in the court record by
6    the judge that this offense did occur while the person was
7    in actual physical control of a motor vehicle and order the
8    clerk of the court to report the violation to the Secretary
9    of State as such. The Secretary of State shall not issue a
10    new license or permit for a period of one year;
11        13. To any person who is under the age of 18 years and
12    who has committed the offense of operating a motor vehicle
13    without a valid license or permit in violation of Section
14    6-101 or a similar out of state offense;
15        14. (Blank); To any person who is 90 days or more
16    delinquent in court ordered child support payments or has
17    been adjudicated in arrears in an amount equal to 90 days'
18    obligation or more and who has been found in contempt of
19    court for failure to pay the support, subject to the
20    requirements and procedures of Article VII of Chapter 7 of
21    the Illinois Vehicle Code;
22        14.5. (Blank); To any person certified by the Illinois
23    Department of Healthcare and Family Services as being 90
24    days or more delinquent in payment of support under an
25    order of support entered by a court or administrative body
26    of this or any other State, subject to the requirements and

 

 

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1    procedures of Article VII of Chapter 7 of this Code
2    regarding those certifications;
3        15. To any person released from a term of imprisonment
4    for violating Section 9-3 of the Criminal Code of 1961 or a
5    similar provision of a law of another state relating to
6    reckless homicide or for violating subparagraph (F) of
7    paragraph (1) of subsection (d) of Section 11-501 of this
8    Code relating to aggravated driving under the influence of
9    alcohol, other drug or drugs, intoxicating compound or
10    compounds, or any combination thereof, if the violation was
11    the proximate cause of a death, within 24 months of release
12    from a term of imprisonment;
13        16. To any person who, with intent to influence any act
14    related to the issuance of any driver's license or permit,
15    by an employee of the Secretary of State's Office, or the
16    owner or employee of any commercial driver training school
17    licensed by the Secretary of State, or any other individual
18    authorized by the laws of this State to give driving
19    instructions or administer all or part of a driver's
20    license examination, promises or tenders to that person any
21    property or personal advantage which that person is not
22    authorized by law to accept. Any persons promising or
23    tendering such property or personal advantage shall be
24    disqualified from holding any class of driver's license or
25    permit for 120 consecutive days. The Secretary of State
26    shall establish by rule the procedures for implementing

 

 

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1    this period of disqualification and the procedures by which
2    persons so disqualified may obtain administrative review
3    of the decision to disqualify;
4        17. To any person for whom the Secretary of State
5    cannot verify the accuracy of any information or
6    documentation submitted in application for a driver's
7    license; or
8        18. To any person who has been adjudicated under the
9    Juvenile Court Act of 1987 based upon an offense that is
10    determined by the court to have been committed in
11    furtherance of the criminal activities of an organized
12    gang, as provided in Section 5-710 of that Act, and that
13    involved the operation or use of a motor vehicle or the use
14    of a driver's license or permit. The person shall be denied
15    a license or permit for the period determined by the court.
16    The Secretary of State shall retain all conviction
17information, if the information is required to be held
18confidential under the Juvenile Court Act of 1987.
19(Source: P.A. 96-607, eff. 8-24-09; 96-740, eff. 1-1-10;
2096-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 97-185, eff.
217-22-11.)
 
22    (625 ILCS 5/6-107.1)
23    Sec. 6-107.1. Instruction permit for a minor.
24    (a) The Secretary of State, upon receiving proper
25application and payment of the required fee, may issue an

 

 

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1instruction permit to any person under the age of 18 years who
2is not ineligible for a license under paragraphs 1, 3, 4, 5, 7,
3or 8 of Section 6-103, after the applicant has successfully
4passed such examination as the Secretary of State in his
5discretion may prescribe.
6        (1) An instruction permit issued under this Section
7    shall be valid for a period of 24 months after the date of
8    its issuance and shall be restricted, by the Secretary of
9    State, to the operation of a motor vehicle by the minor
10    only when under direct supervision of the adult instructor
11    of a driver education program during enrollment in the
12    program or when practicing under direct supervision of a
13    parent, legal guardian, family member, or a person in loco
14    parentis who is 21 years of age or more, has a license
15    classification to operate such vehicle and at least one
16    year of driving experience, and who is occupying a seat
17    beside the driver.
18        (2) A 24 month instruction permit for a motor driven
19    cycle may be issued to a person 16 or 17 years of age and
20    entitles the holder to drive upon the highways during
21    daylight under direct supervision of a licensed motor
22    driven cycle operator or motorcycle operator 21 years of
23    age or older who has a license classification to operate
24    such motor driven cycle or motorcycle and at least one year
25    of driving experience.
26        (3) A 24 month instruction permit for a motorcycle

 

 

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1    other than a motor driven cycle may be issued to a person
2    16 or 17 years of age in accordance with the provisions of
3    paragraph 2 of Section 6-103 and entitles a holder to drive
4    upon the highways during daylight under the direct
5    supervision of a licensed motorcycle operator 21 years of
6    age or older who has at least one year of driving
7    experience.
8    (b) An instruction permit issued under this Section when
9issued to a person under the age of 18 years shall, as a matter
10of law, be invalid for the operation of any motor vehicle
11during the following times:
12        (1) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
13        (2) Between 11:00 p.m. Saturday and 6:00 a.m. on
14    Sunday; and
15        (3) Between 10:00 p.m. on Sunday to Thursday,
16    inclusive, and 6:00 a.m. on the following day.
17    The instruction permit of a person under the age of 18
18shall not be invalid as described in paragraph (b) of this
19Section if the instruction permit holder under the age of 18
20was:
21        (1) accompanied by the minor's parent or guardian or
22    other person in custody or control of the minor;
23        (2) on an errand at the direction of the minor's parent
24    or guardian, without any detour or stop;
25        (3) in a motor vehicle involved in interstate travel;
26        (4) going to or returning home from an employment

 

 

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1    activity, without any detour or stop;
2        (5) involved in an emergency;
3        (6) going to or returning home from, without any detour
4    or stop, an official school, religious, or other
5    recreational activity supervised by adults and sponsored
6    by a government or governmental agency, a civic
7    organization, or another similar entity that takes
8    responsibility for the licensee, without any detour or
9    stop;
10        (7) exercising First Amendment rights protected by the
11    United States Constitution, such as the free exercise of
12    religion, freedom of speech, and the right of assembly; or
13        (8) married or had been married or is an emancipated
14    minor under the Emancipation of Minors Act.
15    (b-1) No instruction permit shall be issued to any
16applicant who is under the age of 18 years and who has been
17certified to be a chronic or habitual truant, as defined in
18Section 26-2a of the School Code.
19    An applicant under the age of 18 years who provides proof
20that he or she has resumed regular school attendance or that
21his or her application was denied in error shall be eligible to
22receive an instruction permit if other requirements are met.
23The Secretary shall adopt rules for implementing this
24subsection (b-1).
25    (c) Any person under the age of 16 years who possesses an
26instruction permit and whose driving privileges have been

 

 

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1suspended or revoked under the provisions of this Code shall
2not be granted a Family Financial Responsibility Driving Permit
3or a Restricted Driving Permit.
4(Source: P.A. 95-310, eff. 1-1-08; 96-1237, eff. 1-1-11.)
 
5    (625 ILCS 5/6-118)
6    Sec. 6-118. Fees.
7    (a) The fee for licenses and permits under this Article is
8as follows:
9    Original driver's license.............................$30
10    Original or renewal driver's license
11        issued to 18, 19 and 20 year olds.................. 5
12    All driver's licenses for persons
13        age 69 through age 80.............................. 5
14    All driver's licenses for persons
15        age 81 through age 86.............................. 2
16    All driver's licenses for persons
17        age 87 or older.....................................0
18    Renewal driver's license (except for
19        applicants ages 18, 19 and 20 or
20        age 69 and older)..................................30
21    Original instruction permit issued to
22        persons (except those age 69 and older)
23        who do not hold or have not previously
24        held an Illinois instruction permit or
25        driver's license.................................. 20

 

 

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1    Instruction permit issued to any person
2        holding an Illinois driver's license
3        who wishes a change in classifications,
4        other than at the time of renewal.................. 5
5    Any instruction permit issued to a person
6        age 69 and older................................... 5
7    Instruction permit issued to any person,
8        under age 69, not currently holding a
9        valid Illinois driver's license or
10        instruction permit but who has
11        previously been issued either document
12        in Illinois....................................... 10
13    Restricted driving permit.............................. 8
14    Monitoring device driving permit...................... 8
15    Duplicate or corrected driver's license
16        or permit.......................................... 5
17    Duplicate or corrected restricted
18        driving permit..................................... 5
19    Duplicate or corrected monitoring
20    device driving permit.................................. 5
21    Duplicate driver's license or permit issued to
22        an active-duty member of the
23        United States Armed Forces,
24        the member's spouse, or
25        the dependent children living
26        with the member................................... 0

 

 

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1    Original or renewal M or L endorsement................. 5
2SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
3        The fees for commercial driver licenses and permits
4    under Article V shall be as follows:
5    Commercial driver's license:
6        $6 for the CDLIS/AAMVAnet Trust Fund
7        (Commercial Driver's License Information
8        System/American Association of Motor Vehicle
9        Administrators network Trust Fund);
10        $20 for the Motor Carrier Safety Inspection Fund;
11        $10 for the driver's license;
12        and $24 for the CDL:............................. $60
13    Renewal commercial driver's license:
14        $6 for the CDLIS/AAMVAnet Trust Fund;
15        $20 for the Motor Carrier Safety Inspection Fund;
16        $10 for the driver's license; and
17        $24 for the CDL:................................. $60
18    Commercial driver instruction permit
19        issued to any person holding a valid
20        Illinois driver's license for the
21        purpose of changing to a
22        CDL classification: $6 for the
23        CDLIS/AAMVAnet Trust Fund;
24        $20 for the Motor Carrier
25        Safety Inspection Fund; and
26        $24 for the CDL classification................... $50

 

 

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1    Commercial driver instruction permit
2        issued to any person holding a valid
3        Illinois CDL for the purpose of
4        making a change in a classification,
5        endorsement or restriction........................ $5
6    CDL duplicate or corrected license.................... $5
7    In order to ensure the proper implementation of the Uniform
8Commercial Driver License Act, Article V of this Chapter, the
9Secretary of State is empowered to pro-rate the $24 fee for the
10commercial driver's license proportionate to the expiration
11date of the applicant's Illinois driver's license.
12    The fee for any duplicate license or permit shall be waived
13for any person who presents the Secretary of State's office
14with a police report showing that his license or permit was
15stolen.
16    The fee for any duplicate license or permit shall be waived
17for any person age 60 or older whose driver's license or permit
18has been lost or stolen.
19    No additional fee shall be charged for a driver's license,
20or for a commercial driver's license, when issued to the holder
21of an instruction permit for the same classification or type of
22license who becomes eligible for such license.
23    (b) Any person whose license or privilege to operate a
24motor vehicle in this State has been suspended or revoked under
25Section 3-707, any provision of Chapter 6, Chapter 11, or
26Section 7-205, or Section 7-303, or 7-702 of the Family

 

 

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1Financial Responsibility Law of this Code, shall in addition to
2any other fees required by this Code, pay a reinstatement fee
3as follows:
4    Suspension under Section 3-707..................... $100
5    Summary suspension under Section 11-501.1...........$250
6    Summary revocation under Section 11-501.1............$500
7    Other suspension......................................$70
8    Revocation...........................................$500
9    However, any person whose license or privilege to operate a
10motor vehicle in this State has been suspended or revoked for a
11second or subsequent time for a violation of Section 11-501 or
1211-501.1 of this Code or a similar provision of a local
13ordinance or a similar out-of-state offense or Section 9-3 of
14the Criminal Code of 1961 and each suspension or revocation was
15for a violation of Section 11-501 or 11-501.1 of this Code or a
16similar provision of a local ordinance or a similar
17out-of-state offense or Section 9-3 of the Criminal Code of
181961 shall pay, in addition to any other fees required by this
19Code, a reinstatement fee as follows:
20    Summary suspension under Section 11-501.1............$500
21    Summary revocation under Section 11-501.1............$500
22    Revocation...........................................$500
23    (c) All fees collected under the provisions of this Chapter
246 shall be paid into the Road Fund in the State Treasury except
25as follows:
26        1. The following amounts shall be paid into the Driver

 

 

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1    Education Fund:
2            (A) $16 of the $20 fee for an original driver's
3        instruction permit;
4            (B) $5 of the $30 fee for an original driver's
5        license;
6            (C) $5 of the $30 fee for a 4 year renewal driver's
7        license;
8            (D) $4 of the $8 fee for a restricted driving
9        permit; and
10            (E) $4 of the $8 fee for a monitoring device
11        driving permit.
12        2. $30 of the $250 fee for reinstatement of a license
13    summarily suspended under Section 11-501.1 shall be
14    deposited into the Drunk and Drugged Driving Prevention
15    Fund. However, for a person whose license or privilege to
16    operate a motor vehicle in this State has been suspended or
17    revoked for a second or subsequent time for a violation of
18    Section 11-501 or 11-501.1 of this Code or Section 9-3 of
19    the Criminal Code of 1961, $190 of the $500 fee for
20    reinstatement of a license summarily suspended under
21    Section 11-501.1, and $190 of the $500 fee for
22    reinstatement of a revoked license shall be deposited into
23    the Drunk and Drugged Driving Prevention Fund. $190 of the
24    $500 fee for reinstatement of a license summarily revoked
25    pursuant to Section 11-501.1 shall be deposited into the
26    Drunk and Drugged Driving Prevention Fund.

 

 

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1        3. $6 of such original or renewal fee for a commercial
2    driver's license and $6 of the commercial driver
3    instruction permit fee when such permit is issued to any
4    person holding a valid Illinois driver's license, shall be
5    paid into the CDLIS/AAMVAnet Trust Fund.
6        4. (Blank). $30 of the $70 fee for reinstatement of a
7    license suspended under the Family Financial
8    Responsibility Law shall be paid into the Family
9    Responsibility Fund.
10        5. The $5 fee for each original or renewal M or L
11    endorsement shall be deposited into the Cycle Rider Safety
12    Training Fund.
13        6. $20 of any original or renewal fee for a commercial
14    driver's license or commercial driver instruction permit
15    shall be paid into the Motor Carrier Safety Inspection
16    Fund.
17        7. The following amounts shall be paid into the General
18    Revenue Fund:
19            (A) $190 of the $250 reinstatement fee for a
20        summary suspension under Section 11-501.1;
21            (B) $40 of the $70 reinstatement fee for any other
22        suspension provided in subsection (b) of this Section;
23        and
24            (C) $440 of the $500 reinstatement fee for a first
25        offense revocation and $310 of the $500 reinstatement
26        fee for a second or subsequent revocation.

 

 

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1    (d) All of the proceeds of the additional fees imposed by
2this amendatory Act of the 96th General Assembly shall be
3deposited into the Capital Projects Fund.
4    (e) The additional fees imposed by this amendatory Act of
5the 96th General Assembly shall become effective 90 days after
6becoming law.
7    (f) As used in this Section, "active-duty member of the
8United States Armed Forces" means a member of the Armed
9Services or Reserve Forces of the United States or a member of
10the Illinois National Guard who is called to active duty
11pursuant to an executive order of the President of the United
12States, an act of the Congress of the United States, or an
13order of the Governor.
14(Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09;
1596-1231, eff. 7-23-10; 96-1344, eff. 7-1-11; 97-333, eff.
168-12-11.)
 
17    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
18    Sec. 6-303. Driving while driver's license, permit or
19privilege to operate a motor vehicle is suspended or revoked.
20    (a) Except as otherwise provided in subsection (a-5), any
21person who drives or is in actual physical control of a motor
22vehicle on any highway of this State at a time when such
23person's driver's license, permit or privilege to do so or the
24privilege to obtain a driver's license or permit is revoked or
25suspended as provided by this Code or the law of another state,

 

 

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1except as may be specifically allowed by a judicial driving
2permit issued prior to January 1, 2009, monitoring device
3driving permit, family financial responsibility driving
4permit, probationary license to drive, or a restricted driving
5permit issued pursuant to this Code or under the law of another
6state, shall be guilty of a Class A misdemeanor.
7    (a-5) Any person who violates this Section as provided in
8subsection (a) while his or her driver's license, permit or
9privilege is revoked because of a violation of Section 9-3 of
10the Criminal Code of 1961, relating to the offense of reckless
11homicide or a similar provision of a law of another state, is
12guilty of a Class 4 felony. The person shall be required to
13undergo a professional evaluation, as provided in Section
1411-501 of this Code, to determine if an alcohol, drug, or
15intoxicating compound problem exists and the extent of the
16problem, and to undergo the imposition of treatment as
17appropriate.
18    (b) (Blank).
19    (b-1) Upon receiving a report of the conviction of any
20violation indicating a person was operating a motor vehicle
21during the time when the person's driver's license, permit or
22privilege was suspended by the Secretary of State or the
23driver's licensing administrator of another state, except as
24specifically allowed by a probationary license, judicial
25driving permit, restricted driving permit or monitoring device
26driving permit the Secretary shall extend the suspension for

 

 

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1the same period of time as the originally imposed suspension
2unless the suspension has already expired, in which case the
3Secretary shall be authorized to suspend the person's driving
4privileges for the same period of time as the originally
5imposed suspension.
6    (b-2) Except as provided in subsection (b-6), upon
7receiving a report of the conviction of any violation
8indicating a person was operating a motor vehicle when the
9person's driver's license, permit or privilege was revoked by
10the Secretary of State or the driver's license administrator of
11any other state, except as specifically allowed by a restricted
12driving permit issued pursuant to this Code or the law of
13another state, the Secretary shall not issue a driver's license
14for an additional period of one year from the date of such
15conviction indicating such person was operating a vehicle
16during such period of revocation.
17    (b-3) (Blank).
18    (b-4) When the Secretary of State receives a report of a
19conviction of any violation indicating a person was operating a
20motor vehicle that was not equipped with an ignition interlock
21device during a time when the person was prohibited from
22operating a motor vehicle not equipped with such a device, the
23Secretary shall not issue a driver's license to that person for
24an additional period of one year from the date of the
25conviction.
26    (b-5) Any person convicted of violating this Section shall

 

 

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1serve a minimum term of imprisonment of 30 consecutive days or
2300 hours of community service when the person's driving
3privilege was revoked or suspended as a result of a violation
4of Section 9-3 of the Criminal Code of 1961, as amended,
5relating to the offense of reckless homicide, or a similar
6provision of a law of another state.
7    (b-6) Upon receiving a report of a first conviction of
8operating a motor vehicle while the person's driver's license,
9permit or privilege was revoked where the revocation was for a
10violation of Section 9-3 of the Criminal Code of 1961 relating
11to the offense of reckless homicide or a similar out-of-state
12offense, the Secretary shall not issue a driver's license for
13an additional period of three years from the date of such
14conviction.
15    (c) Except as provided in subsections (c-3) and (c-4), any
16person convicted of violating this Section shall serve a
17minimum term of imprisonment of 10 consecutive days or 30 days
18of community service when the person's driving privilege was
19revoked or suspended as a result of:
20        (1) a violation of Section 11-501 of this Code or a
21    similar provision of a local ordinance relating to the
22    offense of operating or being in physical control of a
23    vehicle while under the influence of alcohol, any other
24    drug or any combination thereof; or
25        (2) a violation of paragraph (b) of Section 11-401 of
26    this Code or a similar provision of a local ordinance

 

 

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1    relating to the offense of leaving the scene of a motor
2    vehicle accident involving personal injury or death; or
3        (3) a statutory summary suspension or revocation under
4    Section 11-501.1 of this Code.
5    Such sentence of imprisonment or community service shall
6not be subject to suspension in order to reduce such sentence.
7    (c-1) Except as provided in subsections (c-5) and (d), any
8person convicted of a second violation of this Section shall be
9ordered by the court to serve a minimum of 100 hours of
10community service.
11    (c-2) In addition to other penalties imposed under this
12Section, the court may impose on any person convicted a fourth
13time of violating this Section any of the following:
14        (1) Seizure of the license plates of the person's
15    vehicle.
16        (2) Immobilization of the person's vehicle for a period
17    of time to be determined by the court.
18    (c-3) Any person convicted of a violation of this Section
19during a period of summary suspension imposed pursuant to
20Section 11-501.1 when the person was eligible for a MDDP shall
21be guilty of a Class 4 felony and shall serve a minimum term of
22imprisonment of 30 days.
23    (c-4) Any person who has been issued a MDDP and who is
24convicted of a violation of this Section as a result of
25operating or being in actual physical control of a motor
26vehicle not equipped with an ignition interlock device at the

 

 

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1time of the offense shall be guilty of a Class 4 felony and
2shall serve a minimum term of imprisonment of 30 days.
3    (c-5) Any person convicted of a second violation of this
4Section is guilty of a Class 2 felony, is not eligible for
5probation or conditional discharge, and shall serve a mandatory
6term of imprisonment, if the revocation or suspension was for a
7violation of Section 9-3 of the Criminal Code of 1961, relating
8to the offense of reckless homicide, or a similar out-of-state
9offense.
10    (d) Any person convicted of a second violation of this
11Section shall be guilty of a Class 4 felony and shall serve a
12minimum term of imprisonment of 30 days or 300 hours of
13community service, as determined by the court, if the original
14revocation or suspension was for a violation of Section 11-401
15or 11-501 of this Code, or a similar out-of-state offense, or a
16similar provision of a local ordinance, or a statutory summary
17suspension or revocation under Section 11-501.1 of this Code.
18    (d-1) Except as provided in subsections (d-2), (d-2.5), and
19(d-3), any person convicted of a third or subsequent violation
20of this Section shall serve a minimum term of imprisonment of
2130 days or 300 hours of community service, as determined by the
22court.
23    (d-2) Any person convicted of a third violation of this
24Section is guilty of a Class 4 felony and must serve a minimum
25term of imprisonment of 30 days if the revocation or suspension
26was for a violation of Section 11-401 or 11-501 of this Code,

 

 

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1or a similar out-of-state offense, or a similar provision of a
2local ordinance, or a statutory summary suspension or
3revocation under Section 11-501.1 of this Code.
4    (d-2.5) Any person convicted of a third violation of this
5Section is guilty of a Class 1 felony, is not eligible for
6probation or conditional discharge, and must serve a mandatory
7term of imprisonment if the revocation or suspension was for a
8violation of Section 9-3 of the Criminal Code of 1961, relating
9to the offense of reckless homicide, or a similar out-of-state
10offense. The person's driving privileges shall be revoked for
11the remainder of the person's life.
12    (d-3) Any person convicted of a fourth, fifth, sixth,
13seventh, eighth, or ninth violation of this Section is guilty
14of a Class 4 felony and must serve a minimum term of
15imprisonment of 180 days if the revocation or suspension was
16for a violation of Section 11-401 or 11-501 of this Code, or a
17similar out-of-state offense, or a similar provision of a local
18ordinance, or a statutory summary suspension or revocation
19under Section 11-501.1 of this Code.
20    (d-3.5) Any person convicted of a fourth or subsequent
21violation of this Section is guilty of a Class 1 felony, is not
22eligible for probation or conditional discharge, and must serve
23a mandatory term of imprisonment, and is eligible for an
24extended term, if the revocation or suspension was for a
25violation of Section 9-3 of the Criminal Code of 1961, relating
26to the offense of reckless homicide, or a similar out-of-state

 

 

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1offense.
2    (d-4) Any person convicted of a tenth, eleventh, twelfth,
3thirteenth, or fourteenth violation of this Section is guilty
4of a Class 3 felony, and is not eligible for probation or
5conditional discharge, if the revocation or suspension was for
6a violation of Section 11-401 or 11-501 of this Code, or a
7similar out-of-state offense, or a similar provision of a local
8ordinance, or a statutory summary suspension or revocation
9under Section 11-501.1 of this Code.
10    (d-5) Any person convicted of a fifteenth or subsequent
11violation of this Section is guilty of a Class 2 felony, and is
12not eligible for probation or conditional discharge, if the
13revocation or suspension was for a violation of Section 11-401
14or 11-501 of this Code, or a similar out-of-state offense, or a
15similar provision of a local ordinance, or a statutory summary
16suspension or revocation under Section 11-501.1 of this Code.
17    (e) Any person in violation of this Section who is also in
18violation of Section 7-601 of this Code relating to mandatory
19insurance requirements, in addition to other penalties imposed
20under this Section, shall have his or her motor vehicle
21immediately impounded by the arresting law enforcement
22officer. The motor vehicle may be released to any licensed
23driver upon a showing of proof of insurance for the vehicle
24that was impounded and the notarized written consent for the
25release by the vehicle owner.
26    (f) For any prosecution under this Section, a certified

 

 

HB0128- 32 -LRB098 04226 MLW 34251 b

1copy of the driving abstract of the defendant shall be admitted
2as proof of any prior conviction.
3    (g) The motor vehicle used in a violation of this Section
4is subject to seizure and forfeiture as provided in Sections
536-1 and 36-2 of the Criminal Code of 1961 if the person's
6driving privilege was revoked or suspended as a result of:
7        (1) a violation of Section 11-501 of this Code, a
8    similar provision of a local ordinance, or a similar
9    provision of a law of another state;
10        (2) a violation of paragraph (b) of Section 11-401 of
11    this Code, a similar provision of a local ordinance, or a
12    similar provision of a law of another state;
13        (3) a statutory summary suspension or revocation under
14    Section 11-501.1 of this Code or a similar provision of a
15    law of another state; or
16        (4) a violation of Section 9-3 of the Criminal Code of
17    1961 relating to the offense of reckless homicide, or a
18    similar provision of a law of another state.
19(Source: P.A. 96-502, eff. 1-1-10; 96-607, eff. 8-24-09;
2096-1000, eff. 7-2-10; 96-1344, eff. 7-1-11; 97-984, eff.
211-1-13.)
 
22    (625 ILCS 5/7-100)  (from Ch. 95 1/2, par. 7-100)
23    Sec. 7-100. Definition of words and phrases.
24Notwithstanding the definitions set forth in Chapter 1, for the
25purposes of this Chapter, the following words shall have the

 

 

HB0128- 33 -LRB098 04226 MLW 34251 b

1following meanings ascribed to them:
2    Administrative order of support. An order for the support
3of dependent children issued by an administrative body of this
4or any other State.
5    Administrator. The Department of Transportation.
6    Arrearage. The total amount of unpaid support obligations.
7    Authenticated document. A document from a court which
8contains a court stamp, showing it is filed with the court, or
9notarized, or is certified by the custodian of the original.
10    Compliance with a court order of support. The support
11obligor is no more than an amount equal to 90 days obligation
12in arrears in making payments in full for current support, or
13in making periodic payments on a support arrearage as
14determined by a court.
15    Court order of support. A judgment order for the support of
16dependent children issued by a court of this State, including a
17judgment of dissolution of marriage. With regard to a
18certification by the Department of Healthcare and Family
19Services under subsection (c) of Section 7-702, the term "court
20order of support" shall include an order of support entered by
21a court of this or any other State.
22    Driver's license. A license or permit to operate a motor
23vehicle in the State, including the privilege of a person to
24drive a motor vehicle whether or not the person holds a valid
25license or permit.
26    Family financial responsibility driving permit. A permit

 

 

HB0128- 34 -LRB098 04226 MLW 34251 b

1granting limited driving privileges for employment or medical
2purposes following a suspension of driving privileges under the
3Family Financial Responsibility Law. This permit is valid only
4after the entry of a court order granting the permit and
5issuance of the permit by the Secretary of State's Office. An
6individual's driving privileges must be valid except for the
7family financial responsibility suspension in order for this
8permit to be issued. In order to be valid, the permit must be
9in the immediate possession of the driver to whom it is issued.
10    Judgment. A final judgment of any court of competent
11jurisdiction of any State, against a person as defendant for
12damages on account of bodily injury to or death of any person
13or damages to property resulting from the operation of any
14motor vehicle.
15    Obligor. The individual who owes a duty to make payments
16under a court order of support.
17    Obligee. The individual or other legal entity to whom a
18duty of support is owed through a court order of support or the
19individual's legal representatives.
20(Source: P.A. 95-685, eff. 10-23-07.)
 
21    (625 ILCS 5/Ch. 7 Art. VII rep.)
22    Section 20. The Illinois Vehicle Code is amended by
23repealing Article VII of Chapter 7.
 
24    Section 25. The Clerks of Court Act is amended by changing

 

 

HB0128- 35 -LRB098 04226 MLW 34251 b

1Sections 27.1a and 27.2 as follows:
 
2    (705 ILCS 105/27.1a)  (from Ch. 25, par. 27.1a)
3    Sec. 27.1a. The fees of the clerks of the circuit court in
4all counties having a population of not more than 500,000
5inhabitants in the instances described in this Section shall be
6as provided in this Section. In those instances where a minimum
7and maximum fee is stated, the clerk of the circuit court must
8charge the minimum fee listed and may charge up to the maximum
9fee if the county board has by resolution increased the fee.
10The fees shall be paid in advance and shall be as follows:
11(a) Civil Cases.
12        The fee for filing a complaint, petition, or other
13    pleading initiating a civil action, with the following
14    exceptions, shall be a minimum of $40 and a maximum of
15    $160.
16            (A) When the amount of money or damages or the
17        value of personal property claimed does not exceed
18        $250, $10.
19            (B) When that amount exceeds $250 but does not
20        exceed $500, a minimum of $10 and a maximum of $20.
21            (C) When that amount exceeds $500 but does not
22        exceed $2500, a minimum of $25 and a maximum of $40.
23            (D) When that amount exceeds $2500 but does not
24        exceed $15,000, a minimum of $25 and a maximum of $75.
25            (E) For the exercise of eminent domain, a minimum

 

 

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1        of $45 and a maximum of $150. For each additional lot
2        or tract of land or right or interest therein subject
3        to be condemned, the damages in respect to which shall
4        require separate assessment by a jury, a minimum of $45
5        and a maximum of $150.
6(a-1) Family.
7        For filing a petition under the Juvenile Court Act of
8    1987, $25.
9        For filing a petition for a marriage license, $10.
10        For performing a marriage in court, $10.
11        For filing a petition under the Illinois Parentage Act
12    of 1984, $40.
13(b) Forcible Entry and Detainer.
14        In each forcible entry and detainer case when the
15    plaintiff seeks possession only or unites with his or her
16    claim for possession of the property a claim for rent or
17    damages or both in the amount of $15,000 or less, a minimum
18    of $10 and a maximum of $50. When the plaintiff unites his
19    or her claim for possession with a claim for rent or
20    damages or both exceeding $15,000, a minimum of $40 and a
21    maximum of $160.
22(c) Counterclaim or Joining Third Party Defendant.
23        When any defendant files a counterclaim as part of his
24    or her answer or otherwise or joins another party as a
25    third party defendant, or both, the defendant shall pay a
26    fee for each counterclaim or third party action in an

 

 

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1    amount equal to the fee he or she would have had to pay had
2    he or she brought a separate action for the relief sought
3    in the counterclaim or against the third party defendant,
4    less the amount of the appearance fee, if that has been
5    paid.
6(d) Confession of Judgment.
7        In a confession of judgment when the amount does not
8    exceed $1500, a minimum of $20 and a maximum of $50. When
9    the amount exceeds $1500, but does not exceed $15,000, a
10    minimum of $40 and a maximum of $115. When the amount
11    exceeds $15,000, a minimum of $40 and a maximum of $200.
12(e) Appearance.
13        The fee for filing an appearance in each civil case
14    shall be a minimum of $15 and a maximum of $60, except as
15    follows:
16            (A) When the plaintiff in a forcible entry and
17        detainer case seeks possession only, a minimum of $10
18        and a maximum of $50.
19            (B) When the amount in the case does not exceed
20        $1500, a minimum of $10 and a maximum of $30.
21            (C) When that amount exceeds $1500 but does not
22        exceed $15,000, a minimum of $15 and a maximum of $60.
23(f) Garnishment, Wage Deduction, and Citation.
24        In garnishment affidavit, wage deduction affidavit,
25    and citation petition when the amount does not exceed
26    $1,000, a minimum of $5 and a maximum of $15; when the

 

 

HB0128- 38 -LRB098 04226 MLW 34251 b

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

 

 

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

 

 

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

 

 

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1    multiple journal records may be specified by the Chief
2    Judge pursuant to the guidelines for access and
3    dissemination of information approved by the Supreme
4    Court.
5(p) (Blank).
6(q) Alias Summons.
7        For each alias summons or citation issued by the clerk,
8    a minimum of $2 and a maximum of $5.
9(r) Other Fees.
10        Any fees not covered in this Section shall be set by
11    rule or administrative order of the Circuit Court with the
12    approval of the Administrative Office of the Illinois
13    Courts.
14        The clerk of the circuit court may provide additional
15    services for which there is no fee specified by statute in
16    connection with the operation of the clerk's office as may
17    be requested by the public and agreed to by the clerk and
18    approved by the chief judge of the circuit court. Any
19    charges for additional services shall be as agreed to
20    between the clerk and the party making the request and
21    approved by the chief judge of the circuit court. Nothing
22    in this subsection shall be construed to require any clerk
23    to provide any service not otherwise required by law.
24(s) Jury Services.
25        The clerk shall be entitled to receive, in addition to
26    other fees allowed by law, the sum of a minimum of $62.50

 

 

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1    and a maximum of $212.50, as a fee for the services of a
2    jury in every civil action not quasi-criminal in its nature
3    and not a proceeding for the exercise of the right of
4    eminent domain and in every other action wherein the right
5    of trial by jury is or may be given by law. The jury fee
6    shall be paid by the party demanding a jury at the time of
7    filing the jury demand. If the fee is not paid by either
8    party, no jury shall be called in the action or proceeding,
9    and the same shall be tried by the court without a jury.
10(t) Voluntary Assignment.
11        For filing each deed of voluntary assignment, a minimum
12    of $10 and a maximum of $20; for recording the same, a
13    minimum of 25 cents and a maximum of 50 cents for each 100
14    words. Exceptions filed to claims presented to an assignee
15    of a debtor who has made a voluntary assignment for the
16    benefit of creditors shall be considered and treated, for
17    the purpose of taxing costs therein, as actions in which
18    the party or parties filing the exceptions shall be
19    considered as party or parties plaintiff, and the claimant
20    or claimants as party or parties defendant, and those
21    parties respectively shall pay to the clerk the same fees
22    as provided by this Section to be paid in other actions.
23(u) Expungement Petition.
24        The clerk shall be entitled to receive a fee of a
25    minimum of $15 and a maximum of $60 for each expungement
26    petition filed and an additional fee of a minimum of $2 and

 

 

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

 

 

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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 estate,
6        including filing or joining in the filing of a tax
7        return or releasing a mortgage or consenting to the
8        marriage of the ward, the fee shall be a minimum of $10
9        and a maximum of $20.
10            (C) For filing a Petition to sell Real Estate, $50.
11        (3) In addition to the fees payable under subsection
12    (v)(1) or (v)(2) of this Section, the following fees are
13    payable:
14            (A) For each account (other than one final account)
15        filed in the estate of a decedent, or ward, a minimum
16        of $10 and a maximum of $25.
17            (B) For filing a claim in an estate when the amount
18        claimed is $150 or more but less than $500, a minimum
19        of $10 and a maximum of $25; when the amount claimed is
20        $500 or more but less than $10,000, a minimum of $10
21        and a maximum of $40; when the amount claimed is
22        $10,000 or more, a minimum of $10 and a maximum of $60;
23        provided that the court in allowing a claim may add to
24        the amount allowed the filing fee paid by the claimant.
25            (C) For filing in an estate a claim, petition, or
26        supplemental proceeding based upon an action seeking

 

 

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1        equitable relief including the construction or contest
2        of a will, enforcement of a contract to make a will,
3        and proceedings involving testamentary trusts or the
4        appointment of testamentary trustees, a minimum of $40
5        and a maximum of $60.
6            (D) For filing in an estate (i) the appearance of
7        any person for the purpose of consent or (ii) the
8        appearance of an executor, administrator,
9        administrator to collect, guardian, guardian ad litem,
10        or special administrator, no fee.
11            (E) Except as provided in subsection (v)(3)(D),
12        for filing the appearance of any person or persons, a
13        minimum of $10 and a maximum of $30.
14            (F) For each jury demand, a minimum of $62.50 and a
15        maximum of $137.50.
16            (G) For disposition of the collection of a judgment
17        or settlement of an action or claim for wrongful death
18        of a decedent or of any cause of action of a ward, when
19        there is no other administration of the estate, a
20        minimum of $30 and a maximum of $50, less any amount
21        paid under subsection (v)(1)(B) or (v)(2)(B) except
22        that if the amount involved does not exceed $5,000, the
23        fee, including any amount paid under subsection
24        (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
25        maximum of $20.
26            (H) For each certified copy of letters of office,

 

 

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1        of court order or other certification, a minimum of $1
2        and a maximum of $2, plus a minimum of 50 cents and a
3        maximum of $1 per page in excess of 3 pages for the
4        document certified.
5            (I) For each exemplification, a minimum of $1 and a
6        maximum of $2, plus the fee for certification.
7        (4) The executor, administrator, guardian, petitioner,
8    or other interested person or his or her attorney shall pay
9    the cost of publication by the clerk directly to the
10    newspaper.
11        (5) The person on whose behalf a charge is incurred for
12    witness, court reporter, appraiser, or other miscellaneous
13    fee shall pay the same directly to the person entitled
14    thereto.
15        (6) The executor, administrator, guardian, petitioner,
16    or other interested person or his or her attorney shall pay
17    to the clerk all postage charges incurred by the clerk in
18    mailing petitions, orders, notices, or other documents
19    pursuant to the provisions of the Probate Act of 1975.
20(w) Criminal and Quasi-Criminal Costs and Fees.
21        (1) The clerk shall be entitled to costs in all
22    criminal and quasi-criminal cases from each person
23    convicted or sentenced to supervision therein as follows:
24            (A) Felony complaints, a minimum of $40 and a
25        maximum of $100.
26            (B) Misdemeanor complaints, a minimum of $25 and a

 

 

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1        maximum of $75.
2            (C) Business offense complaints, a minimum of $25
3        and a maximum of $75.
4            (D) Petty offense complaints, a minimum of $25 and
5        a maximum of $75.
6            (E) Minor traffic or ordinance violations, $10.
7            (F) When court appearance required, $15.
8            (G) Motions to vacate or amend final orders, a
9        minimum of $20 and a maximum of $40.
10            (H) Motions to vacate bond forfeiture orders, a
11        minimum of $20 and a maximum of $40.
12            (I) Motions to vacate ex parte judgments, whenever
13        filed, a minimum of $20 and a maximum of $40.
14            (J) Motions to vacate judgment on forfeitures,
15        whenever filed, a minimum of $20 and a maximum of $40.
16            (K) Motions to vacate "failure to appear" or
17        "failure to comply" notices sent to the Secretary of
18        State, a minimum of $20 and a maximum of $40.
19        (2) In counties having a population of not more than
20    500,000 inhabitants, when the violation complaint is
21    issued by a municipal police department, the clerk shall be
22    entitled to costs from each person convicted therein as
23    follows:
24            (A) Minor traffic or ordinance violations, $10.
25            (B) When court appearance required, $15.
26        (3) In ordinance violation cases punishable by fine

 

 

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1    only, the clerk of the circuit court shall be entitled to
2    receive, unless the fee is excused upon a finding by the
3    court that the defendant is indigent, in addition to other
4    fees or costs allowed or imposed by law, the sum of a
5    minimum of $62.50 and a maximum of $137.50 as a fee for the
6    services of a jury. The jury fee shall be paid by the
7    defendant at the time of filing his or her jury demand. If
8    the fee is not so paid by the defendant, no jury shall be
9    called, and the case shall be tried by the court without a
10    jury.
11(x) Transcripts of Judgment.
12        For the filing of a transcript of judgment, the clerk
13    shall be entitled to the same fee as if it were the
14    commencement of a new suit.
15(y) Change of Venue.
16        (1) For the filing of a change of case on a change of
17    venue, the clerk shall be entitled to the same fee as if it
18    were the commencement of a new suit.
19        (2) The fee for the preparation and certification of a
20    record on a change of venue to another jurisdiction, when
21    original documents are forwarded, a minimum of $10 and a
22    maximum of $40.
23(z) Tax objection complaints.
24        For each tax objection complaint containing one or more
25    tax objections, regardless of the number of parcels
26    involved or the number of taxpayers joining on the

 

 

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1    complaint, a minimum of $10 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 $45 and a maximum of $200.
5        (2) For each additional parcel, add a fee of a minimum
6    of $10 and a maximum of $60.
7(bb) Collections.
8        (1) For all collections made of others, except the
9    State and county and except in maintenance or child support
10    cases, a sum equal to a minimum of 2% and a maximum of 2.5%
11    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 clerk,
19    if authorized by an ordinance of the county board, may
20    collect an annual fee of up to $36 from the person making
21    payment for maintaining child support records and the
22    processing of support orders to the State of Illinois KIDS
23    system and the recording of payments issued by the State
24    Disbursement Unit for the official record of the Court.
25    This fee shall be in addition to and separate from amounts
26    ordered to be paid as maintenance or child support and

 

 

HB0128- 50 -LRB098 04226 MLW 34251 b

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

 

 

HB0128- 51 -LRB098 04226 MLW 34251 b

1    "Law enforcement agency" also means the Attorney General or
2    any state's attorney.
3        (2) No fee provided herein shall be charged to any unit
4    of local government or school district.
5        (3) The fee requirements of this Section shall not
6    apply to any action instituted under subsection (b) of
7    Section 11-31-1 of the Illinois Municipal Code by a private
8    owner or tenant of real property within 1200 feet of a
9    dangerous or unsafe building seeking an order compelling
10    the owner or owners of the building to take any of the
11    actions authorized under that subsection.
12        (4) The fee requirements of this Section shall not
13    apply to the filing of any commitment petition or petition
14    for an order authorizing the administration of
15    psychotropic medication or electroconvulsive therapy under
16    the Mental Health and Developmental Disabilities Code.
17(ee) Adoptions.
18        (1) For an adoption...............................$65
19        (2) Upon good cause shown, the court may waive the
20    adoption filing fee in a special needs adoption. The term
21    "special needs adoption" shall have the meaning ascribed to
22    it by the Illinois Department of Children and Family
23    Services.
24(ff) Adoption exemptions.
25        No fee other than that set forth in subsection (ee)
26    shall be charged to any person in connection with an

 

 

HB0128- 52 -LRB098 04226 MLW 34251 b

1    adoption proceeding nor may any fee be charged for
2    proceedings for the appointment of a confidential
3    intermediary under the Adoption Act.
4(Source: P.A. 95-172, eff. 8-14-07; 95-331, eff. 8-21-07.)
 
5    (705 ILCS 105/27.2)  (from Ch. 25, par. 27.2)
6    Sec. 27.2. The fees of the clerks of the circuit court in
7all counties having a population in excess of 500,000
8inhabitants but less than 3,000,000 inhabitants in the
9instances described in this Section shall be as provided in
10this Section. In those instances where a minimum and maximum
11fee is stated, counties with more than 500,000 inhabitants but
12less than 3,000,000 inhabitants must charge the minimum fee
13listed in this Section and may charge up to the maximum fee if
14the county board has by resolution increased the fee. In
15addition, the minimum fees authorized in this Section shall
16apply to all units of local government and school districts in
17counties with more than 3,000,000 inhabitants. The fees shall
18be paid in advance and shall be as follows:
19(a) Civil Cases.
20        The fee for filing a complaint, petition, or other
21    pleading initiating a civil action, with the following
22    exceptions, shall be a minimum of $150 and a maximum of
23    $190.
24            (A) When the amount of money or damages or the
25        value of personal property claimed does not exceed

 

 

HB0128- 53 -LRB098 04226 MLW 34251 b

1        $250, a minimum of $10 and a maximum of $15.
2            (B) When that amount exceeds $250 but does not
3        exceed $1,000, a minimum of $20 and a maximum of $40.
4            (C) When that amount exceeds $1,000 but does not
5        exceed $2500, a minimum of $30 and a maximum of $50.
6            (D) When that amount exceeds $2500 but does not
7        exceed $5,000, a minimum of $75 and a maximum of $100.
8            (D-5) When the amount exceeds $5,000 but does not
9        exceed $15,000, a minimum of $75 and a maximum of $150.
10            (E) For the exercise of eminent domain, $150. For
11        each additional lot or tract of land or right or
12        interest therein subject to be condemned, the damages
13        in respect to which shall require separate assessment
14        by a jury, $150.
15            (F) No fees shall be charged by the clerk to a
16        petitioner in any order of protection including, but
17        not limited to, filing, modifying, withdrawing,
18        certifying, or photocopying petitions for orders of
19        protection, or for issuing alias summons, or for any
20        related filing service, certifying, modifying,
21        vacating, or photocopying any orders of protection.
22(b) Forcible Entry and Detainer.
23        In each forcible entry and detainer case when the
24    plaintiff seeks possession only or unites with his or her
25    claim for possession of the property a claim for rent or
26    damages or both in the amount of $15,000 or less, a minimum

 

 

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1    of $40 and a maximum of $75. When the plaintiff unites his
2    or her claim for possession with a claim for rent or
3    damages or both exceeding $15,000, a minimum of $150 and a
4    maximum of $225.
5(c) Counterclaim or Joining Third Party Defendant.
6        When any defendant files a counterclaim as part of his
7    or her answer or otherwise or joins another party as a
8    third party defendant, or both, the defendant shall pay a
9    fee for each counterclaim or third party action in an
10    amount equal to the fee he or she would have had to pay had
11    he or she brought a separate action for the relief sought
12    in the counterclaim or against the third party defendant,
13    less the amount of the appearance fee, if that has been
14    paid.
15(d) Confession of Judgment.
16        In a confession of judgment when the amount does not
17    exceed $1500, a minimum of $50 and a maximum of $60. When
18    the amount exceeds $1500, but does not exceed $5,000, $75.
19    When the amount exceeds $5,000, but does not exceed
20    $15,000, $175. When the amount exceeds $15,000, a minimum
21    of $200 and a maximum of $250.
22(e) Appearance.
23        The fee for filing an appearance in each civil case
24    shall be a minimum of $50 and a maximum of $75, except as
25    follows:
26            (A) When the plaintiff in a forcible entry and

 

 

HB0128- 55 -LRB098 04226 MLW 34251 b

1        detainer case seeks possession only, a minimum of $20
2        and a maximum of $40.
3            (B) When the amount in the case does not exceed
4        $1500, a minimum of $20 and a maximum of $40.
5            (C) When the amount in the case exceeds $1500 but
6        does not exceed $15,000, a minimum of $40 and a maximum
7        of $60.
8(f) Garnishment, Wage Deduction, and Citation.
9        In garnishment affidavit, wage deduction affidavit,
10    and citation petition when the amount does not exceed
11    $1,000, a minimum of $10 and a maximum of $15; when the
12    amount exceeds $1,000 but does not exceed $5,000, a minimum
13    of $20 and a maximum of $30; and when the amount exceeds
14    $5,000, a minimum of $30 and a maximum of $50.
15(g) Petition to Vacate or Modify.
16        (1) Petition to vacate or modify any final judgment or
17    order of court, except in forcible entry and detainer cases
18    and small claims cases or a petition to reopen an estate,
19    to modify, terminate, or enforce a judgment or order for
20    child or spousal support, or to modify, suspend, or
21    terminate an order for withholding, if filed before 30 days
22    after the entry of the judgment or order, a minimum of $40
23    and a maximum of $50.
24        (2) Petition to vacate or modify any final judgment or
25    order of court, except a petition to modify, terminate, or
26    enforce a judgment or order for child or spousal support or

 

 

HB0128- 56 -LRB098 04226 MLW 34251 b

1    to modify, suspend, or terminate an order for withholding,
2    if filed later than 30 days after the entry of the judgment
3    or order, a minimum of $60 and a maximum of $75.
4        (3) Petition to vacate order of bond forfeiture, a
5    minimum of $20 and a maximum of $40.
6(h) Mailing.
7        When the clerk is required to mail, the fee will be a
8    minimum of $6 and a maximum of $10, plus the cost of
9    postage.
10(i) Certified Copies.
11        Each certified copy of a judgment after the first,
12    except in small claims and forcible entry and detainer
13    cases, a minimum of $10 and a maximum of $15.
14(j) Habeas Corpus.
15        For filing a petition for relief by habeas corpus, a
16    minimum of $80 and a maximum of $125.
17(k) Certification, Authentication, and Reproduction.
18        (1) Each certification or authentication for taking
19    the acknowledgment of a deed or other instrument in writing
20    with the seal of office, a minimum of $4 and a maximum of
21    $6.
22        (2) Court appeals when original documents are
23    forwarded, under 100 pages, plus delivery and costs, a
24    minimum of $50 and a maximum of $75.
25        (3) Court appeals when original documents are
26    forwarded, over 100 pages, plus delivery and costs, a

 

 

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1    minimum of $120 and a maximum of $150.
2        (4) Court appeals when original documents are
3    forwarded, over 200 pages, an additional fee of a minimum
4    of 20 and a maximum of 25 cents per page.
5        (5) For reproduction of any document contained in the
6    clerk's files:
7            (A) First page, $2.
8            (B) Next 19 pages, 50 cents per page.
9            (C) All remaining pages, 25 cents per page.
10(l) Remands.
11        In any cases remanded to the Circuit Court from the
12    Supreme Court or the Appellate Court for a new trial, the
13    clerk shall file the remanding order and reinstate the case
14    with either its original number or a new number. The Clerk
15    shall not charge any new or additional fee for the
16    reinstatement. Upon reinstatement the Clerk shall advise
17    the parties of the reinstatement. A party shall have the
18    same right to a jury trial on remand and reinstatement as
19    he or she had before the appeal, and no additional or new
20    fee or charge shall be made for a jury trial after remand.
21(m) Record Search.
22        For each record search, within a division or municipal
23    district, the clerk shall be entitled to a search fee of a
24    minimum of $4 and a maximum of $6 for each year searched.
25(n) Hard Copy.
26        For each page of hard copy print output, when case

 

 

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1    records are maintained on an automated medium, the clerk
2    shall be entitled to a fee of a minimum of $4 and a maximum
3    of $6.
4(o) Index Inquiry and Other Records.
5        No fee shall be charged for a single
6    plaintiff/defendant index inquiry or single case record
7    inquiry when this request is made in person and the records
8    are maintained in a current automated medium, and when no
9    hard copy print output is requested. The fees to be charged
10    for management records, multiple case records, and
11    multiple journal records may be specified by the Chief
12    Judge pursuant to the guidelines for access and
13    dissemination of information approved by the Supreme
14    Court.
15(p) (Blank).
16(q) Alias Summons.
17        For each alias summons or citation issued by the clerk,
18    a minimum of $4 and a maximum of $5.
19(r) Other Fees.
20        Any fees not covered in this Section shall be set by
21    rule or administrative order of the Circuit Court with the
22    approval of the Administrative Office of the Illinois
23    Courts.
24        The clerk of the circuit court may provide additional
25    services for which there is no fee specified by statute in
26    connection with the operation of the clerk's office as may

 

 

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1    be requested by the public and agreed to by the clerk and
2    approved by the chief judge of the circuit court. Any
3    charges for additional services shall be as agreed to
4    between the clerk and the party making the request and
5    approved by the chief judge of the circuit court. Nothing
6    in this subsection shall be construed to require any clerk
7    to provide any service not otherwise required by law.
8(s) Jury Services.
9        The clerk shall be entitled to receive, in addition to
10    other fees allowed by law, the sum of a minimum of $192.50
11    and a maximum of $212.50, as a fee for the services of a
12    jury in every civil action not quasi-criminal in its nature
13    and not a proceeding for the exercise of the right of
14    eminent domain and in every other action wherein the right
15    of trial by jury is or may be given by law. The jury fee
16    shall be paid by the party demanding a jury at the time of
17    filing the jury demand. If the fee is not paid by either
18    party, no jury shall be called in the action or proceeding,
19    and the same shall be tried by the court without a jury.
20(t) Voluntary Assignment.
21        For filing each deed of voluntary assignment, a minimum
22    of $10 and a maximum of $20; for recording the same, a
23    minimum of 25¢ and a maximum of 50¢ for each 100 words.
24    Exceptions filed to claims presented to an assignee of a
25    debtor who has made a voluntary assignment for the benefit
26    of creditors shall be considered and treated, for the

 

 

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1    purpose of taxing costs therein, as actions in which the
2    party or parties filing the exceptions shall be considered
3    as party or parties plaintiff, and the claimant or
4    claimants as party or parties defendant, and those parties
5    respectively shall pay to the clerk the same fees as
6    provided by this Section to be paid in other actions.
7(u) Expungement Petition.
8        The clerk shall be entitled to receive a fee of a
9    minimum of $30 and a maximum of $60 for each expungement
10    petition filed and an additional fee of a minimum of $2 and
11    a maximum of $4 for each certified copy of an order to
12    expunge arrest records.
13(v) Probate.
14        The clerk is entitled to receive the fees specified in
15    this subsection (v), which shall be paid in advance, except
16    that, for good cause shown, the court may suspend, reduce,
17    or release the costs payable under this subsection:
18        (1) For administration of the estate of a decedent
19    (whether testate or intestate) or of a missing person, a
20    minimum of $100 and a maximum of $150, plus the fees
21    specified in subsection (v)(3), except:
22            (A) When the value of the real and personal
23        property does not exceed $15,000, the fee shall be a
24        minimum of $25 and a maximum of $40.
25            (B) When (i) proof of heirship alone is made, (ii)
26        a domestic or foreign will is admitted to probate

 

 

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1        without administration (including proof of heirship),
2        or (iii) letters of office are issued for a particular
3        purpose without administration of the estate, the fee
4        shall be a minimum of $25 and a maximum of $40.
5        (2) For administration of the estate of a ward, a
6    minimum of $50 and a maximum of $75, plus the fees
7    specified in subsection (v)(3), except:
8            (A) When the value of the real and personal
9        property does not exceed $15,000, the fee shall be a
10        minimum of $25 and a maximum of $40.
11            (B) When (i) letters of office are issued to a
12        guardian of the person or persons, but not of the
13        estate or (ii) letters of office are issued in the
14        estate of a ward without administration of the estate,
15        including filing or joining in the filing of a tax
16        return or releasing a mortgage or consenting to the
17        marriage of the ward, the fee shall be a minimum of $10
18        and a maximum of $20.
19        (3) In addition to the fees payable under subsection
20    (v)(1) or (v)(2) of this Section, the following fees are
21    payable:
22            (A) For each account (other than one final account)
23        filed in the estate of a decedent, or ward, a minimum
24        of $15 and a maximum of $25.
25            (B) For filing a claim in an estate when the amount
26        claimed is $150 or more but less than $500, a minimum

 

 

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1        of $10 and a maximum of $20; when the amount claimed is
2        $500 or more but less than $10,000, a minimum of $25
3        and a maximum of $40; when the amount claimed is
4        $10,000 or more, a minimum of $40 and a maximum of $60;
5        provided that the court in allowing a claim may add to
6        the amount allowed the filing fee paid by the claimant.
7            (C) For filing in an estate a claim, petition, or
8        supplemental proceeding based upon an action seeking
9        equitable relief including the construction or contest
10        of a will, enforcement of a contract to make a will,
11        and proceedings involving testamentary trusts or the
12        appointment of testamentary trustees, a minimum of $40
13        and a maximum of $60.
14            (D) For filing in an estate (i) the appearance of
15        any person for the purpose of consent or (ii) the
16        appearance of an executor, administrator,
17        administrator to collect, guardian, guardian ad litem,
18        or special administrator, no fee.
19            (E) Except as provided in subsection (v)(3)(D),
20        for filing the appearance of any person or persons, a
21        minimum of $10 and a maximum of $30.
22            (F) For each jury demand, a minimum of $102.50 and
23        a maximum of $137.50.
24            (G) For disposition of the collection of a judgment
25        or settlement of an action or claim for wrongful death
26        of a decedent or of any cause of action of a ward, when

 

 

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

 

 

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1    the provisions of the Probate Act of 1975.
2(w) Criminal and Quasi-Criminal Costs and Fees.
3        (1) The clerk shall be entitled to costs in all
4    criminal and quasi-criminal cases from each person
5    convicted or sentenced to supervision therein as follows:
6            (A) Felony complaints, a minimum of $80 and a
7        maximum of $125.
8            (B) Misdemeanor complaints, a minimum of $50 and a
9        maximum of $75.
10            (C) Business offense complaints, a minimum of $50
11        and a maximum of $75.
12            (D) Petty offense complaints, a minimum of $50 and
13        a maximum of $75.
14            (E) Minor traffic or ordinance violations, $20.
15            (F) When court appearance required, $30.
16            (G) Motions to vacate or amend final orders, a
17        minimum of $20 and a maximum of $40.
18            (H) Motions to vacate bond forfeiture orders, a
19        minimum of $20 and a maximum of $30.
20            (I) Motions to vacate ex parte judgments, whenever
21        filed, a minimum of $20 and a maximum of $30.
22            (J) Motions to vacate judgment on forfeitures,
23        whenever filed, a minimum of $20 and a maximum of $25.
24            (K) Motions to vacate "failure to appear" or
25        "failure to comply" notices sent to the Secretary of
26        State, a minimum of $20 and a maximum of $40.

 

 

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1        (2) In counties having a population of more than
2    500,000 but fewer than 3,000,000 inhabitants, when the
3    violation complaint is issued by a municipal police
4    department, the clerk shall be entitled to costs from each
5    person convicted therein as follows:
6            (A) Minor traffic or ordinance violations, $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 other
12    fees or costs allowed or imposed by law, the sum of a
13    minimum of $50 and a maximum of $112.50 as a fee for the
14    services of a jury. The jury fee shall be paid by the
15    defendant at the time of filing his or her jury demand. If
16    the fee is not so paid by the defendant, no jury shall be
17    called, and the case shall be tried by the court without a
18    jury.
19(x) Transcripts of Judgment.
20        For the filing of a transcript of judgment, the clerk
21    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 of
25    venue, the clerk shall be entitled to the same fee as if it
26    were the commencement of a new suit.

 

 

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1        (2) The fee for the preparation and certification of a
2    record on a change of venue to another jurisdiction, when
3    original documents are forwarded, a minimum of $25 and a
4    maximum of $40.
5(z) Tax objection complaints.
6        For each tax objection complaint containing one or more
7    tax objections, regardless of the number of parcels
8    involved or the number of taxpayers joining in the
9    complaint, a minimum of $25 and a maximum of $50.
10(aa) Tax Deeds.
11        (1) Petition for tax deed, if only one parcel is
12    involved, a minimum of $150 and a maximum of $250.
13        (2) For each additional parcel, add a fee of a minimum
14    of $50 and a maximum of $100.
15(bb) Collections.
16        (1) For all collections made of others, except the
17    State and county and except in maintenance or child support
18    cases, a sum equal to a minimum of 2.5% and a maximum of
19    3.0% of the amount collected and turned over.
20        (2) Interest earned on any funds held by the clerk
21    shall be turned over to the county general fund as an
22    earning of the office.
23        (3) For any check, draft, or other bank instrument
24    returned to the clerk for non-sufficient funds, account
25    closed, or payment stopped, $25.
26        (4) In child support and maintenance cases, the clerk,

 

 

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

 

 

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1    minimum of $15 and a maximum of $25.
2(dd) Exceptions.
3        The fee requirements of this Section shall not apply to
4    police departments or other law enforcement agencies. In
5    this Section, "law enforcement agency" means an agency of
6    the State or a unit of local government which is vested by
7    law or ordinance with the duty to maintain public order and
8    to enforce criminal laws or ordinances. "Law enforcement
9    agency" also means the Attorney General or any state's
10    attorney. The fee requirements of this Section shall not
11    apply to any action instituted under subsection (b) of
12    Section 11-31-1 of the Illinois Municipal Code by a private
13    owner or tenant of real property within 1200 feet of a
14    dangerous or unsafe building seeking an order compelling
15    the owner or owners of the building to take any of the
16    actions authorized under that subsection.
17        The fee requirements of this Section shall not apply to
18    the filing of any commitment petition or petition for an
19    order authorizing the administration of psychotropic
20    medication or electroconvulsive therapy under the Mental
21    Health and Developmental Disabilities Code.
22(ee) Adoptions.
23        (1) For an adoption...............................$65
24        (2) Upon good cause shown, the court may waive the
25    adoption filing fee in a special needs adoption. The term
26    "special needs adoption" shall have the meaning ascribed to

 

 

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1    it by the Illinois Department of Children and Family
2    Services.
3(ff) Adoption exemptions.
4        No fee other than that set forth in subsection (ee)
5    shall be charged to any person in connection with an
6    adoption proceeding nor may any fee be charged for
7    proceedings for the appointment of a confidential
8    intermediary under the Adoption Act.
9(gg) Unpaid fees.
10        Unless a court ordered payment schedule is implemented
11    or the fee requirements of this Section are waived pursuant
12    to court order, the clerk of the court may add to any
13    unpaid fees and costs under this Section a delinquency
14    amount equal to 5% of the unpaid fees that remain unpaid
15    after 30 days, 10% of the unpaid fees that remain unpaid
16    after 60 days, and 15% of the unpaid fees that remain
17    unpaid after 90 days. Notice to those parties may be made
18    by signage posting or publication. The additional
19    delinquency amounts collected under this Section shall be
20    used to defray additional administrative costs incurred by
21    the clerk of the circuit court in collecting unpaid fees
22    and costs.
23(Source: P.A. 95-172, eff. 8-14-07.)
 
24    Section 30. The Illinois Marriage and Dissolution of
25Marriage Act is amended by changing Sections 505 and 607.1 as

 

 

HB0128- 70 -LRB098 04226 MLW 34251 b

1follows:
 
2    (750 ILCS 5/505)  (from Ch. 40, par. 505)
3    Sec. 505. Child support; contempt; penalties.
4    (a) In a proceeding for dissolution of marriage, legal
5separation, declaration of invalidity of marriage, a
6proceeding for child support following dissolution of the
7marriage by a court that lacked personal jurisdiction over the
8absent spouse, a proceeding for modification of a previous
9order for child support under Section 510 of this Act, or any
10proceeding authorized under Section 501 or 601 of this Act, the
11court may order either or both parents owing a duty of support
12to a child of the marriage to pay an amount reasonable and
13necessary for the support of the child, without regard to
14marital misconduct. The duty of support owed to a child
15includes the obligation to provide for the reasonable and
16necessary educational, physical, mental and emotional health
17needs of the child. For purposes of this Section, the term
18"child" shall include any child under age 18 and any child
19under age 19 who is still attending high school.
20        (1) The Court shall determine the minimum amount of
21    support by using the following guidelines:
22Number of ChildrenPercent of Supporting Party's
23Net Income
24120%
25228%

 

 

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1332%
2440%
3545%
46 or more50%
5        (2) The above guidelines shall be applied in each case
6    unless the court finds that a deviation from the guidelines
7    is appropriate after considering the best interest of the
8    child in light of the evidence, including, but not limited
9    to, one or more of the following relevant factors:
10            (a) the financial resources and needs of the child;
11            (b) the financial resources and needs of the
12        custodial parent;
13            (c) the standard of living the child would have
14        enjoyed had the marriage not been dissolved;
15            (d) the physical, mental, and emotional needs of
16        the child;
17            (d-5) the educational needs of the child; and
18            (e) the financial resources and needs of the
19        non-custodial parent.
20        If the court deviates from the guidelines, the court's
21    finding shall state the amount of support that would have
22    been required under the guidelines, if determinable. The
23    court shall include the reason or reasons for the variance
24    from the guidelines.
25        (2.5) The court, in its discretion, in addition to
26    setting child support pursuant to the guidelines and

 

 

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1    factors, may order either or both parents owing a duty of
2    support to a child of the marriage to contribute to the
3    following expenses, if determined by the court to be
4    reasonable:
5            (a) health needs not covered by insurance;
6            (b) child care;
7            (c) education; and
8            (d) extracurricular activities.
9        (3) "Net income" is defined as the total of all income
10    from all sources, minus the following deductions:
11            (a) Federal income tax (properly calculated
12        withholding or estimated payments);
13            (b) State income tax (properly calculated
14        withholding or estimated payments);
15            (c) Social Security (FICA payments);
16            (d) Mandatory retirement contributions required by
17        law or as a condition of employment;
18            (e) Union dues;
19            (f) Dependent and individual
20        health/hospitalization insurance premiums and premiums
21        for life insurance ordered by the court to reasonably
22        secure payment of ordered child support;
23            (g) Prior obligations of support or maintenance
24        actually paid pursuant to a court order;
25            (h) Expenditures for repayment of debts that
26        represent reasonable and necessary expenses for the

 

 

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1        production of income, medical expenditures necessary
2        to preserve life or health, reasonable expenditures
3        for the benefit of the child and the other parent,
4        exclusive of gifts. The court shall reduce net income
5        in determining the minimum amount of support to be
6        ordered only for the period that such payments are due
7        and shall enter an order containing provisions for its
8        self-executing modification upon termination of such
9        payment period;
10            (i) Foster care payments paid by the Department of
11        Children and Family Services for providing licensed
12        foster care to a foster child.
13        (4) In cases where the court order provides for
14    health/hospitalization insurance coverage pursuant to
15    Section 505.2 of this Act, the premiums for that insurance,
16    or that portion of the premiums for which the supporting
17    party is responsible in the case of insurance provided
18    through an employer's health insurance plan where the
19    employer pays a portion of the premiums, shall be
20    subtracted from net income in determining the minimum
21    amount of support to be ordered.
22        (4.5) In a proceeding for child support following
23    dissolution of the marriage by a court that lacked personal
24    jurisdiction over the absent spouse, and in which the court
25    is requiring payment of support for the period before the
26    date an order for current support is entered, there is a

 

 

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1    rebuttable presumption that the supporting party's net
2    income for the prior period was the same as his or her net
3    income at the time the order for current support is
4    entered.
5        (5) If the net income cannot be determined because of
6    default or any other reason, the court shall order support
7    in an amount considered reasonable in the particular case.
8    The final order in all cases shall state the support level
9    in dollar amounts. However, if the court finds that the
10    child support amount cannot be expressed exclusively as a
11    dollar amount because all or a portion of the payor's net
12    income is uncertain as to source, time of payment, or
13    amount, the court may order a percentage amount of support
14    in addition to a specific dollar amount and enter such
15    other orders as may be necessary to determine and enforce,
16    on a timely basis, the applicable support ordered.
17        (6) If (i) the non-custodial parent was properly served
18    with a request for discovery of financial information
19    relating to the non-custodial parent's ability to provide
20    child support, (ii) the non-custodial parent failed to
21    comply with the request, despite having been ordered to do
22    so by the court, and (iii) the non-custodial parent is not
23    present at the hearing to determine support despite having
24    received proper notice, then any relevant financial
25    information concerning the non-custodial parent's ability
26    to provide child support that was obtained pursuant to

 

 

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1    subpoena and proper notice shall be admitted into evidence
2    without the need to establish any further foundation for
3    its admission.
4    (a-5) In an action to enforce an order for support based on
5the respondent's failure to make support payments as required
6by the order, notice of proceedings to hold the respondent in
7contempt for that failure may be served on the respondent by
8personal service or by regular mail addressed to the
9respondent's last known address. The respondent's last known
10address may be determined from records of the clerk of the
11court, from the Federal Case Registry of Child Support Orders,
12or by any other reasonable means.
13    (b) Failure of either parent to comply with an order to pay
14support shall be punishable as in other cases of contempt. In
15addition to other penalties provided by law the Court may,
16after finding the parent guilty of contempt, order that the
17parent be:
18        (1) placed on probation with such conditions of
19    probation as the Court deems advisable;
20        (2) sentenced to periodic imprisonment for a period not
21    to exceed 6 months; provided, however, that the Court may
22    permit the parent to be released for periods of time during
23    the day or night to:
24            (A) work; or
25            (B) conduct a business or other self-employed
26        occupation.

 

 

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1    The Court may further order any part or all of the earnings
2of a parent during a sentence of periodic imprisonment paid to
3the Clerk of the Circuit Court or to the parent having custody
4or to the guardian having custody of the children of the
5sentenced parent for the support of said children until further
6order of the Court.
7    If a parent who is found guilty of contempt for failure to
8comply with an order to pay support is a person who conducts a
9business or who is self-employed, the court in addition to
10other penalties provided by law may order that the parent do
11one or more of the following: (i) provide to the court monthly
12financial statements showing income and expenses from the
13business or the self-employment; (ii) seek employment and
14report periodically to the court with a diary, listing, or
15other memorandum of his or her employment search efforts; or
16(iii) report to the Department of Employment Security for job
17search services to find employment that will be subject to
18withholding for child support.
19    If there is a unity of interest and ownership sufficient to
20render no financial separation between a non-custodial parent
21and another person or persons or business entity, the court may
22pierce the ownership veil of the person, persons, or business
23entity to discover assets of the non-custodial parent held in
24the name of that person, those persons, or that business
25entity. The following circumstances are sufficient to
26authorize a court to order discovery of the assets of a person,

 

 

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1persons, or business entity and to compel the application of
2any discovered assets toward payment on the judgment for
3support:
4        (1) the non-custodial parent and the person, persons,
5    or business entity maintain records together.
6        (2) the non-custodial parent and the person, persons,
7    or business entity fail to maintain an arm's length
8    relationship between themselves with regard to any assets.
9        (3) the non-custodial parent transfers assets to the
10    person, persons, or business entity with the intent to
11    perpetrate a fraud on the custodial parent.
12    With respect to assets which are real property, no order
13entered under this paragraph shall affect the rights of bona
14fide purchasers, mortgagees, judgment creditors, or other lien
15holders who acquire their interests in the property prior to
16the time a notice of lis pendens pursuant to the Code of Civil
17Procedure or a copy of the order is placed of record in the
18office of the recorder of deeds for the county in which the
19real property is located.
20    The court may also order in cases where the parent is 90
21days or more delinquent in payment of support or has been
22adjudicated in arrears in an amount equal to 90 days obligation
23or more, that the parent's Illinois driving privileges be
24suspended until the court determines that the parent is in
25compliance with the order of support. The court may also order
26that the parent be issued a family financial responsibility

 

 

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1driving permit that would allow limited driving privileges for
2employment and medical purposes in accordance with Section
37-702.1 of the Illinois Vehicle Code. The clerk of the circuit
4court shall certify the order suspending the driving privileges
5of the parent or granting the issuance of a family financial
6responsibility driving permit to the Secretary of State on
7forms prescribed by the Secretary. Upon receipt of the
8authenticated documents, the Secretary of State shall suspend
9the parent's driving privileges until further order of the
10court and shall, if ordered by the court, subject to the
11provisions of Section 7-702.1 of the Illinois Vehicle Code,
12issue a family financial responsibility driving permit to the
13parent.
14    In addition to the penalties or punishment that may be
15imposed under this Section, any person whose conduct
16constitutes a violation of Section 15 of the Non-Support
17Punishment Act may be prosecuted under that Act, and a person
18convicted under that Act may be sentenced in accordance with
19that Act. The sentence may include but need not be limited to a
20requirement that the person perform community service under
21Section 50 of that Act or participate in a work alternative
22program under Section 50 of that Act. A person may not be
23required to participate in a work alternative program under
24Section 50 of that Act if the person is currently participating
25in a work program pursuant to Section 505.1 of this Act.
26    A support obligation, or any portion of a support

 

 

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1obligation, which becomes due and remains unpaid as of the end
2of each month, excluding the child support that was due for
3that month to the extent that it was not paid in that month,
4shall accrue simple interest as set forth in Section 12-109 of
5the Code of Civil Procedure. An order for support entered or
6modified on or after January 1, 2006 shall contain a statement
7that a support obligation required under the order, or any
8portion of a support obligation required under the order, that
9becomes due and remains unpaid as of the end of each month,
10excluding the child support that was due for that month to the
11extent that it was not paid in that month, shall accrue simple
12interest as set forth in Section 12-109 of the Code of Civil
13Procedure. Failure to include the statement in the order for
14support does not affect the validity of the order or the
15accrual of interest as provided in this Section.
16    (c) A one-time charge of 20% is imposable upon the amount
17of past-due child support owed on July 1, 1988 which has
18accrued under a support order entered by the court. The charge
19shall be imposed in accordance with the provisions of Section
2010-21 of the Illinois Public Aid Code and shall be enforced by
21the court upon petition.
22    (d) Any new or existing support order entered by the court
23under this Section shall be deemed to be a series of judgments
24against the person obligated to pay support thereunder, each
25such judgment to be in the amount of each payment or
26installment of support and each such judgment to be deemed

 

 

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1entered as of the date the corresponding payment or installment
2becomes due under the terms of the support order. Each such
3judgment shall have the full force, effect and attributes of
4any other judgment of this State, including the ability to be
5enforced. Notwithstanding any other State or local law to the
6contrary, a lien arises by operation of law against the real
7and personal property of the noncustodial parent for each
8installment of overdue support owed by the noncustodial parent.
9    (e) When child support is to be paid through the clerk of
10the court in a county of 1,000,000 inhabitants or less, the
11order shall direct the obligor to pay to the clerk, in addition
12to the child support payments, all fees imposed by the county
13board under paragraph (3) of subsection (u) of Section 27.1 of
14the Clerks of Courts Act. Unless paid in cash or pursuant to an
15order for withholding, the payment of the fee shall be by a
16separate instrument from the support payment and shall be made
17to the order of the Clerk.
18    (f) All orders for support, when entered or modified, shall
19include a provision requiring the obligor to notify the court
20and, in cases in which a party is receiving child and spouse
21services under Article X of the Illinois Public Aid Code, the
22Department of Healthcare and Family Services, within 7 days,
23(i) of the name and address of any new employer of the obligor,
24(ii) whether the obligor has access to health insurance
25coverage through the employer or other group coverage and, if
26so, the policy name and number and the names of persons covered

 

 

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1under the policy, and (iii) of any new residential or mailing
2address or telephone number of the non-custodial parent. In any
3subsequent action to enforce a support order, upon a sufficient
4showing that a diligent effort has been made to ascertain the
5location of the non-custodial parent, service of process or
6provision of notice necessary in the case may be made at the
7last known address of the non-custodial parent in any manner
8expressly provided by the Code of Civil Procedure or this Act,
9which service shall be sufficient for purposes of due process.
10    (g) An order for support shall include a date on which the
11current support obligation terminates. The termination date
12shall be no earlier than the date on which the child covered by
13the order will attain the age of 18. However, if the child will
14not graduate from high school until after attaining the age of
1518, then the termination date shall be no earlier than the
16earlier of the date on which the child's high school graduation
17will occur or the date on which the child will attain the age
18of 19. The order for support shall state that the termination
19date does not apply to any arrearage that may remain unpaid on
20that date. Nothing in this subsection shall be construed to
21prevent the court from modifying the order or terminating the
22order in the event the child is otherwise emancipated.
23    (g-5) If there is an unpaid arrearage or delinquency (as
24those terms are defined in the Income Withholding for Support
25Act) equal to at least one month's support obligation on the
26termination date stated in the order for support or, if there

 

 

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1is no termination date stated in the order, on the date the
2child attains the age of majority or is otherwise emancipated,
3the periodic amount required to be paid for current support of
4that child immediately prior to that date shall automatically
5continue to be an obligation, not as current support but as
6periodic payment toward satisfaction of the unpaid arrearage or
7delinquency. That periodic payment shall be in addition to any
8periodic payment previously required for satisfaction of the
9arrearage or delinquency. The total periodic amount to be paid
10toward satisfaction of the arrearage or delinquency may be
11enforced and collected by any method provided by law for
12enforcement and collection of child support, including but not
13limited to income withholding under the Income Withholding for
14Support Act. Each order for support entered or modified on or
15after the effective date of this amendatory Act of the 93rd
16General Assembly must contain a statement notifying the parties
17of the requirements of this subsection. Failure to include the
18statement in the order for support does not affect the validity
19of the order or the operation of the provisions of this
20subsection with regard to the order. This subsection shall not
21be construed to prevent or affect the establishment or
22modification of an order for support of a minor child or the
23establishment or modification of an order for support of a
24non-minor child or educational expenses under Section 513 of
25this Act.
26    (h) An order entered under this Section shall include a

 

 

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1provision requiring the obligor to report to the obligee and to
2the clerk of court within 10 days each time the obligor obtains
3new employment, and each time the obligor's employment is
4terminated for any reason. The report shall be in writing and
5shall, in the case of new employment, include the name and
6address of the new employer. Failure to report new employment
7or the termination of current employment, if coupled with
8nonpayment of support for a period in excess of 60 days, is
9indirect criminal contempt. For any obligor arrested for
10failure to report new employment bond shall be set in the
11amount of the child support that should have been paid during
12the period of unreported employment. An order entered under
13this Section shall also include a provision requiring the
14obligor and obligee parents to advise each other of a change in
15residence within 5 days of the change except when the court
16finds that the physical, mental, or emotional health of a party
17or that of a child, or both, would be seriously endangered by
18disclosure of the party's address.
19    (i) The court does not lose the powers of contempt,
20driver's license suspension, or other child support
21enforcement mechanisms, including, but not limited to,
22criminal prosecution as set forth in this Act, upon the
23emancipation of the minor child or children.
24(Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11;
2597-608, eff. 1-1-12; 97-813, eff. 7-13-12; 97-878, eff. 8-2-12;
2697-941, eff. 1-1-13; 97-1029, eff. 1-1-13; revised 8-23-12.)
 

 

 

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1    (750 ILCS 5/607.1)  (from Ch. 40, par. 607.1)
2    Sec. 607.1. Enforcement of visitation orders; visitation
3abuse.
4    (a) The circuit court shall provide an expedited procedure
5for enforcement of court ordered visitation in cases of
6visitation abuse. Visitation abuse occurs when a party has
7willfully and without justification: (1) denied another party
8visitation as set forth by the court; or (2) exercised his or
9her visitation rights in a manner that is harmful to the child
10or child's custodian.
11    (b) An Action may be commenced by filing a petition setting
12forth: (i) the petitioner's name, residence address or mailing
13address, and telephone number; (ii) respondent's name and place
14of residence, place of employment, or mailing address; (iii)
15the nature of the visitation abuse, giving dates and other
16relevant information; (iv) that a reasonable attempt was made
17to resolve the dispute; and (v) the relief sought.
18    Notice of the filing of the petitions shall be given as
19provided in Section 511.
20    (c) After hearing all of the evidence, the court may order
21one or more of the following:
22        (1) Modification of the visitation order to
23    specifically outline periods of visitation or restrict
24    visitation as provided by law.
25        (2) Supervised visitation with a third party or public

 

 

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1    agency.
2        (3) Make up visitation of the same time period, such as
3    weekend for weekend, holiday for holiday.
4        (4) Counseling or mediation, except in cases where
5    there is evidence of domestic violence, as defined in
6    Section 1 of the Domestic Violence Shelters Act, occurring
7    between the parties.
8        (5) Other appropriate relief deemed equitable.
9    (c-1) When the court issues an order holding a party in
10contempt for violation of a visitation order and finds that the
11party engaged in visitation abuse, the court may order one or
12more of the following:
13        (1) (Blank). Suspension of a party's Illinois driving
14    privileges pursuant to Section 7-703 of the Illinois
15    Vehicle Code until the court determines that the party is
16    in compliance with the visitation order. The court may also
17    order that a party be issued a family financial
18    responsibility driving permit that would allow limited
19    driving privileges for employment, for medical purposes,
20    and to transport a child to or from scheduled visitation in
21    order to comply with a visitation order in accordance with
22    subsection (a-1) of Section 7-702.1 of the Illinois Vehicle
23    Code.
24        (2) Placement of a party on probation with such
25    conditions of probation as the court deems advisable.
26        (3) Sentencing of a party to periodic imprisonment for

 

 

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1    a period not to exceed 6 months; provided, that the court
2    may permit the party to be released for periods of time
3    during the day or night to:
4            (A) work; or
5            (B) conduct a business or other self-employed
6        occupation.
7        (4) Find that a party in engaging in visitation abuse
8    is guilty of a petty offense and should be fined an amount
9    of no more than $500 for each finding of visitation abuse.
10    (d) Nothing contained in this Section shall be construed to
11limit the court's contempt power, except as provided in
12subsection (g) of this Section.
13    (e) When the court issues an order holding a party in
14contempt of court for violation of a visitation order, the
15clerk shall transmit a copy of the contempt order to the
16sheriff of the county. The sheriff shall furnish a copy of each
17contempt order to the Department of State Police on a daily
18basis in the form and manner required by the Department. The
19Department shall maintain a complete record and index of the
20contempt orders and make this data available to all local law
21enforcement agencies.
22    (f) Attorney fees and costs shall be assessed against a
23party if the court finds that the enforcement action is
24vexatious and constitutes harassment.
25    (g) A person convicted of unlawful visitation or parenting
26time interference under Section 10-5.5 of the Criminal Code of

 

 

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11961 shall not be subject to the provisions of this Section and
2the court may not enter a contempt order for visitation abuse
3against any person for the same conduct for which the person
4was convicted of unlawful visitation interference or subject
5that person to the sanctions provided for in this Section.
6(Source: P.A. 96-333, eff. 8-11-09; 96-675, eff. 8-25-09;
797-1047, eff. 8-21-12.)
 
8    Section 35. The Non-Support Punishment Act is amended by
9changing Section 50 as follows:
 
10    (750 ILCS 16/50)
11    Sec. 50. Community service; work alternative program.
12    (a) In addition to any other penalties imposed against an
13offender under this Act, the court may order the offender to
14perform community service for not less than 30 and not more
15than 120 hours per month, if community service is available in
16the jurisdiction and is funded and approved by the county board
17of the county where the offense was committed. In addition,
18whenever any person is placed on supervision for committing an
19offense under this Act, the supervision shall be conditioned on
20the performance of the community service.
21    (b) In addition to any other penalties imposed against an
22offender under this Act, the court may sentence the offender to
23service in a work alternative program administered by the
24sheriff. The conditions of the program are that the offender

 

 

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1obtain or retain employment and participate in a work
2alternative program administered by the sheriff during
3non-working hours. A person may not be required to participate
4in a work alternative program under this subsection if the
5person is currently participating in a work program pursuant to
6another provision of this Act, Section 10-11.1 of the Illinois
7Public Aid Code, Section 505.1 of the Illinois Marriage and
8Dissolution of Marriage Act, or Section 15.1 of the Illinois
9Parentage Act of 1984.
10    (c) (Blank). In addition to any other penalties imposed
11against an offender under this Act, the court may order, in
12cases where the offender has been in violation of this Act for
1390 days or more, that the offender's Illinois driving
14privileges be suspended until the court determines that the
15offender is in compliance with this Act.
16    The court may determine that the offender is in compliance
17with this Act if the offender has agreed (i) to pay all
18required amounts of support and maintenance as determined by
19the court or (ii) to the garnishment of his or her income for
20the purpose of paying those amounts.
21    The court may also order that the offender be issued a
22family financial responsibility driving permit that would
23allow limited driving privileges for employment and medical
24purposes in accordance with Section 7-702.1 of the Illinois
25Vehicle Code. The clerk of the circuit court shall certify the
26order suspending the driving privileges of the offender or

 

 

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1granting the issuance of a family financial responsibility
2driving permit to the Secretary of State on forms prescribed by
3the Secretary. Upon receipt of the authenticated documents, the
4Secretary of State shall suspend the offender's driving
5privileges until further order of the court and shall, if
6ordered by the court, subject to the provisions of Section
77-702.1 of the Illinois Vehicle Code, issue a family financial
8responsibility driving permit to the offender.
9    (d) If the court determines that the offender has been in
10violation of this Act for more than 60 days, the court may
11determine whether the offender has applied for or been issued a
12professional license by the Department of Professional
13Regulation or another licensing agency. If the court determines
14that the offender has applied for or been issued such a
15license, the court may certify to the Department of
16Professional Regulation or other licensing agency that the
17offender has been in violation of this Act for more than 60
18days so that the Department or other agency may take
19appropriate steps with respect to the license or application as
20provided in Section 10-65 of the Illinois Administrative
21Procedure Act and Section 2105-15 of the Department of
22Professional Regulation Law of the Civil Administrative Code of
23Illinois. The court may take the actions required under this
24subsection in addition to imposing any other penalty authorized
25under this Act.
26(Source: P.A. 91-613, eff. 10-1-99; 92-651, eff. 7-11-02.)