Illinois General Assembly - Full Text of HB1935
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Full Text of HB1935  102nd General Assembly

HB1935 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1935

 

Introduced 2/17/2021, by Rep. Tony McCombie

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 95/25
705 ILCS 105/27.1b
705 ILCS 105/27.1c
705 ILCS 135/1-10
705 ILCS 135/15-70
705 ILCS 135/20-5

    Amends the Access to Justice Act. Provides that the Statutory Court Fee Task Force shall review and study the implementation and impact of the Criminal and Traffic Assessment Act and a provision regarding assessment reports in the Clerk of Courts Act. Requires the Task Force to submit a report containing its findings and any recommendations to the Supreme Court and the General Assembly by January 1, 2022. Makes corresponding changes in the Clerk of Courts Act and the Criminal and Traffic Assessment Act. Repeals a Section of the Clerks of Courts Act concerning court fees and the Criminal and Traffic Assessment Act on January 1, 2023 (rather than 2022).


LRB102 12751 LNS 18090 b

 

 

A BILL FOR

 

HB1935LRB102 12751 LNS 18090 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Access to Justice Act is amended by
5changing Section 25 as follows:
 
6    (705 ILCS 95/25)
7    Sec. 25. Statutory Court Fee Task Force.
8    (a) There is hereby created the Statutory Court Fee Task
9Force. The purpose of the Task Force is to conduct a thorough
10review of the various statutory fees imposed or assessed on
11criminal defendants and civil litigants.
12    (b) The Task Force shall consist of 15 members, appointed
13as follows: one each by the Speaker of the House of
14Representatives, the Minority Leader of the House of
15Representatives, the President of the Senate, and the Minority
16Leader of the Senate; 2 by the association representing
17circuit court clerks; 2 by the Governor, and 7 by the Supreme
18Court.
19    (c) At the direction of the Supreme Court, the
20Administrative Office of the Illinois Courts shall provide
21administrative support to the Task Force.
22    (d) The Task Force shall submit a report containing its
23findings and any recommendations to the Supreme Court and the

 

 

HB1935- 2 -LRB102 12751 LNS 18090 b

1General Assembly by June 1, 2016.
2    (e) The Task Force shall review and study the
3implementation and impact of the Criminal and Traffic
4Assessment Act and Section 27.1b of the Clerks of Courts Act,
5including the associated Supreme Court Rules on civil and
6criminal assessments. The Task Force shall specifically review
7the Acts to make recommendations on how the following can be
8implemented: (1) increasing funding for Court Appointed
9Special Advocates; (2) ensuring sufficient funding for law
10enforcement training and department operations; (3) decreasing
11waiver levels and requiring documented proof of need for the
12waiver; and (4) addressing any additional issues the Acts may
13have created. The Task Force shall submit a report containing
14its findings and any recommendations to the Supreme Court and
15the General Assembly by January 1, 2022.
16(Source: P.A. 98-351, eff. 8-15-13; 98-763, eff. 7-16-14.)
 
17    Section 10. The Clerks of Courts Act is amended by
18changing Sections 27.1b and 27.1c as follows:
 
19    (705 ILCS 105/27.1b)
20    (Section scheduled to be repealed on January 1, 2022)
21    Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
22other provision of law, all fees charged by the clerks of the
23circuit court for the services described in this Section shall
24be established, collected, and disbursed in accordance with

 

 

HB1935- 3 -LRB102 12751 LNS 18090 b

1this Section. Except as otherwise specified in this Section,
2all fees under this Section shall be paid in advance and
3disbursed by each clerk on a monthly basis. In a county with a
4population of over 3,000,000, units of local government and
5school districts shall not be required to pay fees under this
6Section in advance and the clerk shall instead send an
7itemized bill to the unit of local government or school
8district, within 30 days of the fee being incurred, and the
9unit of local government or school district shall be allowed
10at least 30 days from the date of the itemized bill to pay;
11these payments shall be disbursed by each clerk on a monthly
12basis. Unless otherwise specified in this Section, the amount
13of a fee shall be determined by ordinance or resolution of the
14county board and remitted to the county treasurer to be used
15for purposes related to the operation of the court system in
16the county. In a county with a population of over 3,000,000,
17any amount retained by the clerk of the circuit court or
18remitted to the county treasurer shall be subject to
19appropriation by the county board.
20    (a) Civil cases. The fee for filing a complaint, petition,
21or other pleading initiating a civil action shall be as set
22forth in the applicable schedule under this subsection in
23accordance with case categories established by the Supreme
24Court in schedules.
25        (1) SCHEDULE 1: not to exceed a total of $366 in a
26    county with a population of 3,000,000 or more and not to

 

 

HB1935- 4 -LRB102 12751 LNS 18090 b

1    exceed $316 in any other county, except as applied to
2    units of local government and school districts in counties
3    with more than 3,000,000 inhabitants an amount not to
4    exceed $190 through December 31, 2021 and $184 on and
5    after January 1, 2022. The fees collected under this
6    schedule shall be disbursed as follows:
7            (A) The clerk shall retain a sum, in an amount not
8        to exceed $55 in a county with a population of
9        3,000,000 or more and in an amount not to exceed $45 in
10        any other county determined by the clerk with the
11        approval of the Supreme Court, to be used for court
12        automation, court document storage, and administrative
13        purposes.
14            (B) The clerk shall remit up to $21 to the State
15        Treasurer. The State Treasurer shall deposit the
16        appropriate amounts, in accordance with the clerk's
17        instructions, as follows:
18                (i) up to $10, as specified by the Supreme
19            Court in accordance with Part 10A of Article II of
20            the Code of Civil Procedure, into the Mandatory
21            Arbitration Fund;
22                (ii) $2 into the Access to Justice Fund; and
23                (iii) $9 into the Supreme Court Special
24            Purposes Fund.
25            (C) The clerk shall remit a sum to the County
26        Treasurer, in an amount not to exceed $290 in a county

 

 

HB1935- 5 -LRB102 12751 LNS 18090 b

1        with a population of 3,000,000 or more and in an amount
2        not to exceed $250 in any other county, as specified by
3        ordinance or resolution passed by the county board,
4        for purposes related to the operation of the court
5        system in the county.
6        (2) SCHEDULE 2: not to exceed a total of $357 in a
7    county with a population of 3,000,000 or more and not to
8    exceed $266 in any other county, except as applied to
9    units of local government and school districts in counties
10    with more than 3,000,000 inhabitants an amount not to
11    exceed $190 through December 31, 2021 and $184 on and
12    after January 1, 2022. The fees collected under this
13    schedule shall be disbursed as follows:
14            (A) The clerk shall retain a sum, in an amount not
15        to exceed $55 in a county with a population of
16        3,000,000 or more and in an amount not to exceed $45 in
17        any other county determined by the clerk with the
18        approval of the Supreme Court, to be used for court
19        automation, court document storage, and administrative
20        purposes.
21            (B) The clerk shall remit up to $21 to the State
22        Treasurer. The State Treasurer shall deposit the
23        appropriate amounts, in accordance with the clerk's
24        instructions, as follows:
25                (i) up to $10, as specified by the Supreme
26            Court in accordance with Part 10A of Article II of

 

 

HB1935- 6 -LRB102 12751 LNS 18090 b

1            the Code of Civil Procedure, into the Mandatory
2            Arbitration Fund;
3                (ii) $2 into the Access to Justice Fund: and
4                (iii) $9 into the Supreme Court Special
5            Purposes Fund.
6            (C) The clerk shall remit a sum to the County
7        Treasurer, in an amount not to exceed $281 in a county
8        with a population of 3,000,000 or more and in an amount
9        not to exceed $200 in any other county, as specified by
10        ordinance or resolution passed by the county board,
11        for purposes related to the operation of the court
12        system in the county.
13        (3) SCHEDULE 3: not to exceed a total of $265 in a
14    county with a population of 3,000,000 or more and not to
15    exceed $89 in any other county, except as applied to units
16    of local government and school districts in counties with
17    more than 3,000,000 inhabitants an amount not to exceed
18    $190 through December 31, 2021 and $184 on and after
19    January 1, 2022. The fees collected under this schedule
20    shall be disbursed as follows:
21            (A) The clerk shall retain a sum, in an amount not
22        to exceed $55 in a county with a population of
23        3,000,000 or more and in an amount not to exceed $22 in
24        any other county determined by the clerk with the
25        approval of the Supreme Court, to be used for court
26        automation, court document storage, and administrative

 

 

HB1935- 7 -LRB102 12751 LNS 18090 b

1        purposes.
2            (B) The clerk shall remit $11 to the State
3        Treasurer. The State Treasurer shall deposit the
4        appropriate amounts in accordance with the clerk's
5        instructions, as follows:
6                (i) $2 into the Access to Justice Fund; and
7                (ii) $9 into the Supreme Court Special
8            Purposes Fund.
9            (C) The clerk shall remit a sum to the County
10        Treasurer, in an amount not to exceed $199 in a county
11        with a population of 3,000,000 or more and in an amount
12        not to exceed $56 in any other county, as specified by
13        ordinance or resolution passed by the county board,
14        for purposes related to the operation of the court
15        system in the county.
16        (4) SCHEDULE 4: $0.
17    (b) Appearance. The fee for filing an appearance in a
18civil action, including a cannabis civil law action under the
19Cannabis Control Act, shall be as set forth in the applicable
20schedule under this subsection in accordance with case
21categories established by the Supreme Court in schedules.
22        (1) SCHEDULE 1: not to exceed a total of $230 in a
23    county with a population of 3,000,000 or more and not to
24    exceed $191 in any other county, except as applied to
25    units of local government and school districts in counties
26    with more than 3,000,000 inhabitants an amount not to

 

 

HB1935- 8 -LRB102 12751 LNS 18090 b

1    exceed $75. The fees collected under this schedule shall
2    be disbursed as follows:
3            (A) The clerk shall retain a sum, in an amount not
4        to exceed $50 in a county with a population of
5        3,000,000 or more and in an amount not to exceed $45 in
6        any other county determined by the clerk with the
7        approval of the Supreme Court, to be used for court
8        automation, court document storage, and administrative
9        purposes.
10            (B) The clerk shall remit up to $21 to the State
11        Treasurer. The State Treasurer shall deposit the
12        appropriate amounts, in accordance with the clerk's
13        instructions, as follows:
14                (i) up to $10, as specified by the Supreme
15            Court in accordance with Part 10A of Article II of
16            the Code of Civil Procedure, into the Mandatory
17            Arbitration Fund;
18                (ii) $2 into the Access to Justice Fund; and
19                (iii) $9 into the Supreme Court Special
20            Purposes Fund.
21            (C) The clerk shall remit a sum to the County
22        Treasurer, in an amount not to exceed $159 in a county
23        with a population of 3,000,000 or more and in an amount
24        not to exceed $125 in any other county, as specified by
25        ordinance or resolution passed by the county board,
26        for purposes related to the operation of the court

 

 

HB1935- 9 -LRB102 12751 LNS 18090 b

1        system in the county.
2        (2) SCHEDULE 2: not to exceed a total of $130 in a
3    county with a population of 3,000,000 or more and not to
4    exceed $109 in any other county, except as applied to
5    units of local government and school districts in counties
6    with more than 3,000,000 inhabitants an amount not to
7    exceed $75. The fees collected under this schedule shall
8    be disbursed as follows:
9            (A) The clerk shall retain a sum, in an amount not
10        to exceed $50 in a county with a population of
11        3,000,000 or more and in an amount not to exceed $10 in
12        any other county determined by the clerk with the
13        approval of the Supreme Court, to be used for court
14        automation, court document storage, and administrative
15        purposes.
16            (B) The clerk shall remit $9 to the State
17        Treasurer, which the State Treasurer shall deposit
18        into the Supreme Court Special Purpose Fund.
19            (C) The clerk shall remit a sum to the County
20        Treasurer, in an amount not to exceed $71 in a county
21        with a population of 3,000,000 or more and in an amount
22        not to exceed $90 in any other county, as specified by
23        ordinance or resolution passed by the county board,
24        for purposes related to the operation of the court
25        system in the county.
26        (3) SCHEDULE 3: $0.

 

 

HB1935- 10 -LRB102 12751 LNS 18090 b

1    (b-5) Kane County and Will County. In Kane County and Will
2County civil cases, there is an additional fee of up to $30 as
3set by the county board under Section 5-1101.3 of the Counties
4Code to be paid by each party at the time of filing the first
5pleading, paper, or other appearance; provided that no
6additional fee shall be required if more than one party is
7represented in a single pleading, paper, or other appearance.
8Distribution of fees collected under this subsection (b-5)
9shall be as provided in Section 5-1101.3 of the Counties Code.
10    (c) Counterclaim or third party complaint. When any
11defendant files a counterclaim or third party complaint, as
12part of the defendant's answer or otherwise, the defendant
13shall pay a filing fee for each counterclaim or third party
14complaint in an amount equal to the filing fee the defendant
15would have had to pay had the defendant brought a separate
16action for the relief sought in the counterclaim or third
17party complaint, less the amount of the appearance fee, if
18any, that the defendant has already paid in the action in which
19the counterclaim or third party complaint is filed.
20    (d) Alias summons. The clerk shall collect a fee not to
21exceed $6 in a county with a population of 3,000,000 or more
22and not to exceed $5 in any other county for each alias summons
23or citation issued by the clerk, except as applied to units of
24local government and school districts in counties with more
25than 3,000,000 inhabitants an amount not to exceed $5 for each
26alias summons or citation issued by the clerk.

 

 

HB1935- 11 -LRB102 12751 LNS 18090 b

1    (e) Jury services. The clerk shall collect, in addition to
2other fees allowed by law, a sum not to exceed $212.50, as a
3fee for the services of a jury in every civil action not
4quasi-criminal in its nature and not a proceeding for the
5exercise of the right of eminent domain and in every other
6action wherein the right of trial by jury is or may be given by
7law. The jury fee shall be paid by the party demanding a jury
8at the time of filing the jury demand. If the fee is not paid
9by either party, no jury shall be called in the action or
10proceeding, and the action or proceeding shall be tried by the
11court without a jury.
12    (f) Change of venue. In connection with a change of venue:
13        (1) The clerk of the jurisdiction from which the case
14    is transferred may charge a fee, not to exceed $40, for the
15    preparation and certification of the record; and
16        (2) The clerk of the jurisdiction to which the case is
17    transferred may charge the same filing fee as if it were
18    the commencement of a new suit.
19    (g) Petition to vacate or modify.
20        (1) In a proceeding involving a petition to vacate or
21    modify any final judgment or order filed within 30 days
22    after the judgment or order was entered, except for an
23    eviction case, small claims case, petition to reopen an
24    estate, petition to modify, terminate, or enforce a
25    judgment or order for child or spousal support, or
26    petition to modify, suspend, or terminate an order for

 

 

HB1935- 12 -LRB102 12751 LNS 18090 b

1    withholding, the fee shall not exceed $60 in a county with
2    a population of 3,000,000 or more and shall not exceed $50
3    in any other county, except as applied to units of local
4    government and school districts in counties with more than
5    3,000,000 inhabitants an amount not to exceed $50.
6        (2) In a proceeding involving a petition to vacate or
7    modify any final judgment or order filed more than 30 days
8    after the judgment or order was entered, except for a
9    petition to modify, terminate, or enforce a judgment or
10    order for child or spousal support, or petition to modify,
11    suspend, or terminate an order for withholding, the fee
12    shall not exceed $75.
13        (3) In a proceeding involving a motion to vacate or
14    amend a final order, motion to vacate an ex parte
15    judgment, judgment of forfeiture, or "failure to appear"
16    or "failure to comply" notices sent to the Secretary of
17    State, the fee shall equal $40.
18    (h) Appeals preparation. The fee for preparation of a
19record on appeal shall be based on the number of pages, as
20follows:
21        (1) if the record contains no more than 100 pages, the
22    fee shall not exceed $70 in a county with a population of
23    3,000,000 or more and shall not exceed $50 in any other
24    county;
25        (2) if the record contains between 100 and 200 pages,
26    the fee shall not exceed $100; and

 

 

HB1935- 13 -LRB102 12751 LNS 18090 b

1        (3) if the record contains 200 or more pages, the
2    clerk may collect an additional fee not to exceed 25 cents
3    per page.
4    (i) Remands. In any cases remanded to the circuit court
5from the Supreme Court or the appellate court for a new trial,
6the clerk shall reinstate the case with either its original
7number or a new number. The clerk shall not charge any new or
8additional fee for the reinstatement. Upon reinstatement, the
9clerk shall advise the parties of the reinstatement. Parties
10shall have the same right to a jury trial on remand and
11reinstatement that they had before the appeal, and no
12additional or new fee or charge shall be made for a jury trial
13after remand.
14    (j) Garnishment, wage deduction, and citation. In
15garnishment affidavit, wage deduction affidavit, and citation
16petition proceedings:
17        (1) if the amount in controversy in the proceeding is
18    not more than $1,000, the fee may not exceed $35 in a
19    county with a population of 3,000,000 or more and may not
20    exceed $15 in any other county, except as applied to units
21    of local government and school districts in counties with
22    more than 3,000,000 inhabitants an amount not to exceed
23    $15;
24        (2) if the amount in controversy in the proceeding is
25    greater than $1,000 and not more than $5,000, the fee may
26    not exceed $45 in a county with a population of 3,000,000

 

 

HB1935- 14 -LRB102 12751 LNS 18090 b

1    or more and may not exceed $30 in any other county, except
2    as applied to units of local government and school
3    districts in counties with more than 3,000,000 inhabitants
4    an amount not to exceed $30; and
5        (3) if the amount in controversy in the proceeding is
6    greater than $5,000, the fee may not exceed $65 in a county
7    with a population of 3,000,000 or more and may not exceed
8    $50 in any other county, except as applied to units of
9    local government and school districts in counties with
10    more than 3,000,000 inhabitants an amount not to exceed
11    $50.
12    (j-5) Debt collection. In any proceeding to collect a debt
13subject to the exception in item (ii) of subparagraph (A-5) of
14paragraph (1) of subsection (z) of this Section, the circuit
15court shall order and the clerk shall collect from each
16judgment debtor a fee of:
17        (1) $35 if the amount in controversy in the proceeding
18    is not more than $1,000;
19        (2) $45 if the amount in controversy in the proceeding
20    is greater than $1,000 and not more than $5,000; and
21        (3) $65 if the amount in controversy in the proceeding
22    is greater than $5,000.
23    (k) Collections.
24        (1) For all collections made of others, except the
25    State and county and except in maintenance or child
26    support cases, the clerk may collect a fee of up to 2.5% of

 

 

HB1935- 15 -LRB102 12751 LNS 18090 b

1    the amount collected and turned over.
2        (2) In child support and maintenance cases, the clerk
3    may collect an annual fee of up to $36 from the person
4    making payment for maintaining child support records and
5    the processing of support orders to the State of Illinois
6    KIDS system and the recording of payments issued by the
7    State Disbursement Unit for the official record of the
8    Court. This fee is in addition to and separate from
9    amounts ordered to be paid as maintenance or child support
10    and shall be deposited into a Separate Maintenance and
11    Child Support Collection Fund, of which the clerk shall be
12    the custodian, ex officio, to be used by the clerk to
13    maintain child support orders and record all payments
14    issued by the State Disbursement Unit for the official
15    record of the Court. The clerk may recover from the person
16    making the maintenance or child support payment any
17    additional cost incurred in the collection of this annual
18    fee.
19        (3) The clerk may collect a fee of $5 for
20    certifications made to the Secretary of State as provided
21    in Section 7-703 of the Illinois Vehicle Code, and this
22    fee shall be deposited into the Separate Maintenance and
23    Child Support Collection Fund.
24        (4) In proceedings to foreclose the lien of delinquent
25    real estate taxes, State's Attorneys shall receive a fee
26    of 10% of the total amount realized from the sale of real

 

 

HB1935- 16 -LRB102 12751 LNS 18090 b

1    estate sold in the proceedings. The clerk shall collect
2    the fee from the total amount realized from the sale of the
3    real estate sold in the proceedings and remit to the
4    County Treasurer to be credited to the earnings of the
5    Office of the State's Attorney.
6    (l) Mailing. The fee for the clerk mailing documents shall
7not exceed $10 plus the cost of postage.
8    (m) Certified copies. The fee for each certified copy of a
9judgment, after the first copy, shall not exceed $10.
10    (n) Certification, authentication, and reproduction.
11        (1) The fee for each certification or authentication
12    for taking the acknowledgment of a deed or other
13    instrument in writing with the seal of office shall not
14    exceed $6.
15        (2) The fee for reproduction of any document contained
16    in the clerk's files shall not exceed:
17            (A) $2 for the first page;
18            (B) 50 cents per page for the next 19 pages; and
19            (C) 25 cents per page for all additional pages.
20    (o) Record search. For each record search, within a
21division or municipal district, the clerk may collect a search
22fee not to exceed $6 for each year searched.
23    (p) Hard copy. For each page of hard copy print output,
24when case records are maintained on an automated medium, the
25clerk may collect a fee not to exceed $10 in a county with a
26population of 3,000,000 or more and not to exceed $6 in any

 

 

HB1935- 17 -LRB102 12751 LNS 18090 b

1other county, except as applied to units of local government
2and school districts in counties with more than 3,000,000
3inhabitants an amount not to exceed $6.
4    (q) Index inquiry and other records. No fee shall be
5charged for a single plaintiff and defendant index inquiry or
6single case record inquiry when this request is made in person
7and the records are maintained in a current automated medium,
8and when no hard copy print output is requested. The fees to be
9charged for management records, multiple case records, and
10multiple journal records may be specified by the Chief Judge
11pursuant to the guidelines for access and dissemination of
12information approved by the Supreme Court.
13    (r) Performing a marriage. There shall be a $10 fee for
14performing a marriage in court.
15    (s) Voluntary assignment. For filing each deed of
16voluntary assignment, the clerk shall collect a fee not to
17exceed $20. For recording a deed of voluntary assignment, the
18clerk shall collect a fee not to exceed 50 cents for each 100
19words. Exceptions filed to claims presented to an assignee of
20a debtor who has made a voluntary assignment for the benefit of
21creditors shall be considered and treated, for the purpose of
22taxing costs therein, as actions in which the party or parties
23filing the exceptions shall be considered as party or parties
24plaintiff, and the claimant or claimants as party or parties
25defendant, and those parties respectively shall pay to the
26clerk the same fees as provided by this Section to be paid in

 

 

HB1935- 18 -LRB102 12751 LNS 18090 b

1other actions.
2    (t) Expungement petition. The clerk may collect a fee not
3to exceed $60 for each expungement petition filed and an
4additional fee not to exceed $4 for each certified copy of an
5order to expunge arrest records.
6    (u) Transcripts of judgment. For the filing of a
7transcript of judgment, the clerk may collect the same fee as
8if it were the commencement of a new suit.
9    (v) Probate filings.
10        (1) For each account (other than one final account)
11    filed in the estate of a decedent, or ward, the fee shall
12    not exceed $25.
13        (2) For filing a claim in an estate when the amount
14    claimed is greater than $150 and not more than $500, the
15    fee shall not exceed $40 in a county with a population of
16    3,000,000 or more and shall not exceed $25 in any other
17    county; when the amount claimed is greater than $500 and
18    not more than $10,000, the fee shall not exceed $55 in a
19    county with a population of 3,000,000 or more and shall
20    not exceed $40 in any other county; and when the amount
21    claimed is more than $10,000, the fee shall not exceed $75
22    in a county with a population of 3,000,000 or more and
23    shall not exceed $60 in any other county; except the court
24    in allowing a claim may add to the amount allowed the
25    filing fee paid by the claimant.
26        (3) For filing in an estate a claim, petition, or

 

 

HB1935- 19 -LRB102 12751 LNS 18090 b

1    supplemental proceeding based upon an action seeking
2    equitable relief including the construction or contest of
3    a will, enforcement of a contract to make a will, and
4    proceedings involving testamentary trusts or the
5    appointment of testamentary trustees, the fee shall not
6    exceed $60.
7        (4) There shall be no fee for filing in an estate: (i)
8    the appearance of any person for the purpose of consent;
9    or (ii) the appearance of an executor, administrator,
10    administrator to collect, guardian, guardian ad litem, or
11    special administrator.
12        (5) For each jury demand, the fee shall not exceed
13    $137.50.
14        (6) For each certified copy of letters of office, of
15    court order, or other certification, the fee shall not
16    exceed $2 per page.
17        (7) For each exemplification, the fee shall not exceed
18    $2, plus the fee for certification.
19        (8) The executor, administrator, guardian, petitioner,
20    or other interested person or his or her attorney shall
21    pay the cost of publication by the clerk directly to the
22    newspaper.
23        (9) The person on whose behalf a charge is incurred
24    for witness, court reporter, appraiser, or other
25    miscellaneous fees shall pay the same directly to the
26    person entitled thereto.

 

 

HB1935- 20 -LRB102 12751 LNS 18090 b

1        (10) The executor, administrator, guardian,
2    petitioner, or other interested person or his or her
3    attorney shall pay to the clerk all postage charges
4    incurred by the clerk in mailing petitions, orders,
5    notices, or other documents pursuant to the provisions of
6    the Probate Act of 1975.
7    (w) Corrections of numbers. For correction of the case
8number, case title, or attorney computer identification
9number, if required by rule of court, on any document filed in
10the clerk's office, to be charged against the party that filed
11the document, the fee shall not exceed $25.
12    (x) Miscellaneous.
13        (1) Interest earned on any fees collected by the clerk
14    shall be turned over to the county general fund as an
15    earning of the office.
16        (2) For any check, draft, or other bank instrument
17    returned to the clerk for non-sufficient funds, account
18    closed, or payment stopped, the clerk shall collect a fee
19    of $25.
20    (y) Other fees. Any fees not covered in this Section shall
21be set by rule or administrative order of the circuit court
22with the approval of the Administrative Office of the Illinois
23Courts. The clerk of the circuit court may provide services in
24connection with the operation of the clerk's office, other
25than those services mentioned in this Section, as may be
26requested by the public and agreed to by the clerk and approved

 

 

HB1935- 21 -LRB102 12751 LNS 18090 b

1by the Chief Judge. Any charges for additional services shall
2be as agreed to between the clerk and the party making the
3request and approved by the Chief Judge. Nothing in this
4subsection shall be construed to require any clerk to provide
5any service not otherwise required by law.
6    (y-5) Unpaid fees. Unless a court ordered payment schedule
7is implemented or the fee requirements of this Section are
8waived under a court order, the clerk of the circuit court may
9add to any unpaid fees and costs under this Section a
10delinquency amount equal to 5% of the unpaid fees that remain
11unpaid after 30 days, 10% of the unpaid fees that remain unpaid
12after 60 days, and 15% of the unpaid fees that remain unpaid
13after 90 days. Notice to those parties may be made by signage
14posting or publication. The additional delinquency amounts
15collected under this Section shall be deposited into the
16Circuit Court Clerk Operations and Administration Fund and
17used to defray additional administrative costs incurred by the
18clerk of the circuit court in collecting unpaid fees and
19costs.
20    (z) Exceptions.
21        (1) No fee authorized by this Section shall apply to:
22            (A) police departments or other law enforcement
23        agencies. In this Section, "law enforcement agency"
24        means: an agency of the State or agency of a unit of
25        local government which is vested by law or ordinance
26        with the duty to maintain public order and to enforce

 

 

HB1935- 22 -LRB102 12751 LNS 18090 b

1        criminal laws or ordinances; the Attorney General; or
2        any State's Attorney;
3            (A-5) any unit of local government or school
4        district, except in counties having a population of
5        500,000 or more the county board may by resolution set
6        fees for units of local government or school districts
7        no greater than the minimum fees applicable in
8        counties with a population less than 3,000,000;
9        provided however, no fee may be charged to any unit of
10        local government or school district in connection with
11        any action which, in whole or in part, is: (i) to
12        enforce an ordinance; (ii) to collect a debt; or (iii)
13        under the Administrative Review Law;
14            (B) any action instituted by the corporate
15        authority of a municipality with more than 1,000,000
16        inhabitants under Section 11-31-1 of the Illinois
17        Municipal Code and any action instituted under
18        subsection (b) of Section 11-31-1 of the Illinois
19        Municipal Code by a private owner or tenant of real
20        property within 1,200 feet of a dangerous or unsafe
21        building seeking an order compelling the owner or
22        owners of the building to take any of the actions
23        authorized under that subsection;
24            (C) any commitment petition or petition for an
25        order authorizing the administration of psychotropic
26        medication or electroconvulsive therapy under the

 

 

HB1935- 23 -LRB102 12751 LNS 18090 b

1        Mental Health and Developmental Disabilities Code;
2            (D) a petitioner in any order of protection
3        proceeding, including, but not limited to, fees for
4        filing, modifying, withdrawing, certifying, or
5        photocopying petitions for orders of protection,
6        issuing alias summons, any related filing service, or
7        certifying, modifying, vacating, or photocopying any
8        orders of protection; or
9            (E) proceedings for the appointment of a
10        confidential intermediary under the Adoption Act.
11        (2) No fee other than the filing fee contained in the
12    applicable schedule in subsection (a) shall be charged to
13    any person in connection with an adoption proceeding.
14        (3) Upon good cause shown, the court may waive any
15    fees associated with a special needs adoption. The term
16    "special needs adoption" has the meaning provided by the
17    Illinois Department of Children and Family Services.
18    (aa) This Section is repealed on January 1, 2023 2022.
19(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
20100-1161, eff. 7-1-19; 101-645, eff. 6-26-20; revised
218-18-20.)
 
22    (705 ILCS 105/27.1c)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 27.1c. Assessment report.
25    (a) Not later than March 1, 2021, and March 1 of every year

 

 

HB1935- 24 -LRB102 12751 LNS 18090 b

1thereafter February 29, 2020, the clerk of the circuit court
2shall submit to the Administrative Office of the Illinois
3Courts an annual a report for the period January 1 July 1, 2019
4through December 31 of the previous year. The report shall
5contain , 2019 containing, with respect to each of the 4
6categories of civil cases established by the Supreme Court
7pursuant to Section 27.1b of this Act:
8        (1) the total number of cases that were filed;
9        (2) the amount of filing fees that were collected
10    pursuant to subsection (a) of Section 27.1b;
11        (3) the amount of appearance fees that were collected
12    pursuant to subsection (b) of Section 27.1b;
13        (4) the amount of fees collected pursuant to
14    subsection (b-5) of Section 27.1b;
15        (5) the amount of filing fees collected for
16    counterclaims or third party complaints pursuant to
17    subsection (c) of Section 27.1b;
18        (6) the nature and amount of any fees collected
19    pursuant to subsection (y) of Section 27.1b; and
20        (7) the number of cases for which, pursuant to Section
21    5-105 of the Code of Civil Procedure, there were waivers
22    of fees, costs, and charges of 25%, 50%, 75%, or 100%,
23    respectively, and the associated amount of fees, costs,
24    and charges that were waived.
25    (b) The Administrative Office of the Illinois Courts shall
26publish the reports submitted under this Section on its

 

 

HB1935- 25 -LRB102 12751 LNS 18090 b

1website.
2    (c) (Blank). This Section is repealed on January 1, 2022.
3(Source: P.A. 100-1161, eff. 7-1-19; 101-645, eff. 6-26-20.)
 
4    Section 15. The Criminal and Traffic Assessment Act is
5amended by changing Sections 1-10, 15-70, and 20-5 as follows:
 
6    (705 ILCS 135/1-10)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 1-10. Assessment reports.
9    (a) Not later than March 1, 2021, and March 1 of every year
10thereafter February 29, 2020, the clerk of the circuit court
11shall file with the Administrative Office of the Illinois
12Courts:
13        (1) an annual a report for the period January 1 July 1,
14    2019 through December 31 of the previous year , 2019
15    containing the total number of cases filed in the
16    following categories: total felony cases; felony driving
17    under the influence of alcohol, drugs, or a combination
18    thereof; cases that contain at least one count of driving
19    under the influence of alcohol, drugs, or a combination
20    thereof; felony cases that contain at least one count of a
21    drug offense; felony cases that contain at least one count
22    of a sex offense; total misdemeanor cases; misdemeanor
23    driving under the influence of alcohol, drugs, or a
24    combination thereof cases; misdemeanor cases that contain

 

 

HB1935- 26 -LRB102 12751 LNS 18090 b

1    at least one count of a drug offense; misdemeanor cases
2    that contain at least one count of a sex offense; total
3    traffic offense counts; traffic offense counts of a
4    misdemeanor offense under the Illinois Vehicle Code;
5    traffic offense counts of an overweight offense under the
6    Illinois Vehicle Code; traffic offense counts that are
7    satisfied under Supreme Court Rule 529; conservation
8    cases; and ordinance cases that do not contain an offense
9    under the Illinois Vehicle Code;
10        (2) an annual a report for the period January 1 July 1,
11    2019 through December 31 of the previous year , 2019
12    containing the following for each schedule referenced in
13    Sections 15-5 through 15-70 of this Act: the number of
14    offenses for which assessments were imposed; the amount of
15    any fines imposed in addition to assessments; the number
16    and amount of conditional assessments ordered pursuant to
17    Section 15-70; and for 25%, 50%, 75%, and 100% waivers,
18    respectively, the number of offenses for which waivers
19    were granted and the associated amount of assessments that
20    were waived; and
21        (3) an annual a report for the period January 1 July 1,
22    2019 through December 31 of the previous year , 2019
23    containing, with respect to each schedule referenced in
24    Sections 15-5 through 15-70 of this Act, the number of
25    offenses for which assessments were collected; the number
26    of offenses for which fines were collected and the amount

 

 

HB1935- 27 -LRB102 12751 LNS 18090 b

1    collected; and how much was disbursed to each fund under
2    the disbursement requirements for each schedule defined in
3    Section 15-5.
4    (b) The Administrative Office of the Illinois Courts shall
5publish the reports submitted under this Section on its
6website.
7    (c) A list of offenses that qualify as drug offenses for
8Schedules 3 and 7 and a list of offenses that qualify as sex
9offenses for Schedules 4 and 8 shall be distributed to clerks
10of the circuit court by the Administrative Office of the
11Illinois Courts.
12(Source: P.A. 100-1161, eff. 7-1-19.)
 
13    (705 ILCS 135/15-70)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 15-70. Conditional assessments. In addition to
16payments under one of the Schedule of Assessments 1 through 13
17of this Act, the court shall also order payment of any of the
18following conditional assessment amounts for each sentenced
19violation in the case to which a conditional assessment is
20applicable, which shall be collected and remitted by the Clerk
21of the Circuit Court as provided in this Section:
22        (1) arson, residential arson, or aggravated arson,
23    $500 per conviction to the State Treasurer for deposit
24    into the Fire Prevention Fund;
25        (2) child pornography under Section 11-20.1 of the

 

 

HB1935- 28 -LRB102 12751 LNS 18090 b

1    Criminal Code of 1961 or the Criminal Code of 2012, $500
2    per conviction, unless more than one agency is responsible
3    for the arrest in which case the amount shall be remitted
4    to each unit of government equally:
5            (A) if the arresting agency is an agency of a unit
6        of local government, $500 to the treasurer of the unit
7        of local government for deposit into the unit of local
8        government's General Fund, except that if the
9        Department of State Police provides digital or
10        electronic forensic examination assistance, or both,
11        to the arresting agency then $100 to the State
12        Treasurer for deposit into the State Crime Laboratory
13        Fund; or
14            (B) if the arresting agency is the Department of
15        State Police, $500 to the State Treasurer for deposit
16        into the State Crime Laboratory Fund;
17        (3) crime laboratory drug analysis for a drug-related
18    offense involving possession or delivery of cannabis or
19    possession or delivery of a controlled substance as
20    defined in the Cannabis Control Act, the Illinois
21    Controlled Substances Act, or the Methamphetamine Control
22    and Community Protection Act, $100 reimbursement for
23    laboratory analysis, as set forth in subsection (f) of
24    Section 5-9-1.4 of the Unified Code of Corrections;
25        (4) DNA analysis, $250 on each conviction in which it
26    was used to the State Treasurer for deposit into the State

 

 

HB1935- 29 -LRB102 12751 LNS 18090 b

1    Offender DNA Identification System Fund as set forth in
2    Section 5-4-3 of the Unified Code of Corrections;
3        (5) DUI analysis, $150 on each sentenced violation in
4    which it was used as set forth in subsection (f) of Section
5    5-9-1.9 of the Unified Code of Corrections;
6        (6) drug-related offense involving possession or
7    delivery of cannabis or possession or delivery of a
8    controlled substance, other than methamphetamine, as
9    defined in the Cannabis Control Act or the Illinois
10    Controlled Substances Act, an amount not less than the
11    full street value of the cannabis or controlled substance
12    seized for each conviction shall be imposed and to be
13    disbursed as follows:
14            (A) 12.5% of the street value assessment shall be
15        paid into the Youth Drug Abuse Prevention Fund, to be
16        used by the Department of Human Services for the
17        funding of programs and services for drug-abuse
18        treatment, and prevention and education services;
19            (B) 37.5% to the county in which the charge was
20        prosecuted, to be deposited into the county General
21        Fund;
22            (C) 50% to the treasurer of the arresting law
23        enforcement agency of the municipality or county, or
24        to the State Treasurer if the arresting agency was a
25        state agency;
26            (D) if the arrest was made in combination with

 

 

HB1935- 30 -LRB102 12751 LNS 18090 b

1        multiple law enforcement agencies, the clerk shall
2        equitably allocate the portion in subparagraph (C) of
3        this paragraph (6) among the law enforcement agencies
4        involved in the arrest;
5        (6.5) Kane County or Will County, in felony,
6    misdemeanor, local or county ordinance, traffic, or
7    conservation cases, up to $30 as set by the county board
8    under Section 5-1101.3 of the Counties Code upon the entry
9    of a judgment of conviction, an order of supervision, or a
10    sentence of probation without entry of judgment under
11    Section 10 of the Cannabis Control Act, Section 410 of the
12    Illinois Controlled Substances Act, Section 70 of the
13    Methamphetamine Control and Community Protection Act,
14    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
15    the Criminal Code of 1961 or the Criminal Code of 2012,
16    Section 10-102 of the Illinois Alcoholism and Other Drug
17    Dependency Act, or Section 10 of the Steroid Control Act;
18    except in local or county ordinance, traffic, and
19    conservation cases, if fines are paid in full without a
20    court appearance, then the assessment shall not be imposed
21    or collected. Distribution of assessments collected under
22    this paragraph (6.5) shall be as provided in Section
23    5-1101.3 of the Counties Code;
24        (7) methamphetamine-related offense involving
25    possession or delivery of methamphetamine or any salt of
26    an optical isomer of methamphetamine or possession of a

 

 

HB1935- 31 -LRB102 12751 LNS 18090 b

1    methamphetamine manufacturing material as set forth in
2    Section 10 of the Methamphetamine Control and Community
3    Protection Act with the intent to manufacture a substance
4    containing methamphetamine or salt of an optical isomer of
5    methamphetamine, an amount not less than the full street
6    value of the methamphetamine or salt of an optical isomer
7    of methamphetamine or methamphetamine manufacturing
8    materials seized for each conviction shall be imposed and
9    to be disbursed as follows:
10            (A) 12.5% of the street value assessment shall be
11        paid into the Youth Drug Abuse Prevention Fund, to be
12        used by the Department of Human Services for the
13        funding of programs and services for drug-abuse
14        treatment, and prevention and education services;
15            (B) 37.5% to the county in which the charge was
16        prosecuted, to be deposited into the county General
17        Fund;
18            (C) 50% to the treasurer of the arresting law
19        enforcement agency of the municipality or county, or
20        to the State Treasurer if the arresting agency was a
21        state agency;
22            (D) if the arrest was made in combination with
23        multiple law enforcement agencies, the clerk shall
24        equitably allocate the portion in subparagraph (C) of
25        this paragraph (6) among the law enforcement agencies
26        involved in the arrest;

 

 

HB1935- 32 -LRB102 12751 LNS 18090 b

1        (8) order of protection violation under Section 12-3.4
2    of the Criminal Code of 2012, $200 for each conviction to
3    the county treasurer for deposit into the Probation and
4    Court Services Fund for implementation of a domestic
5    violence surveillance program and any other assessments or
6    fees imposed under Section 5-9-1.16 of the Unified Code of
7    Corrections;
8        (9) order of protection violation, $25 for each
9    violation to the State Treasurer, for deposit into the
10    Domestic Violence Abuser Services Fund;
11        (10) prosecution by the State's Attorney of a:
12            (A) petty or business offense, $4 to the county
13        treasurer of which $2 deposited into the State's
14        Attorney Records Automation Fund and $2 into the
15        Public Defender Records Automation Fund;
16            (B) conservation or traffic offense, $2 to the
17        county treasurer for deposit into the State's Attorney
18        Records Automation Fund;
19        (11) speeding in a construction zone violation, $250
20    to the State Treasurer for deposit into the Transportation
21    Safety Highway Hire-back Fund, unless (i) the violation
22    occurred on a highway other than an interstate highway and
23    (ii) a county police officer wrote the ticket for the
24    violation, in which case to the county treasurer for
25    deposit into that county's Transportation Safety Highway
26    Hire-back Fund;

 

 

HB1935- 33 -LRB102 12751 LNS 18090 b

1        (12) supervision disposition on an offense under the
2    Illinois Vehicle Code or similar provision of a local
3    ordinance, 50 cents, unless waived by the court, into the
4    Prisoner Review Board Vehicle and Equipment Fund;
5        (13) victim and offender are family or household
6    members as defined in Section 103 of the Illinois Domestic
7    Violence Act of 1986 and offender pleads guilty or no
8    contest to or is convicted of murder, voluntary
9    manslaughter, involuntary manslaughter, burglary,
10    residential burglary, criminal trespass to residence,
11    criminal trespass to vehicle, criminal trespass to land,
12    criminal damage to property, telephone harassment,
13    kidnapping, aggravated kidnaping, unlawful restraint,
14    forcible detention, child abduction, indecent solicitation
15    of a child, sexual relations between siblings,
16    exploitation of a child, child pornography, assault,
17    aggravated assault, battery, aggravated battery, heinous
18    battery, aggravated battery of a child, domestic battery,
19    reckless conduct, intimidation, criminal sexual assault,
20    predatory criminal sexual assault of a child, aggravated
21    criminal sexual assault, criminal sexual abuse, aggravated
22    criminal sexual abuse, violation of an order of
23    protection, disorderly conduct, endangering the life or
24    health of a child, child abandonment, contributing to
25    dependency or neglect of child, or cruelty to children and
26    others, $200 for each sentenced violation to the State

 

 

HB1935- 34 -LRB102 12751 LNS 18090 b

1    Treasurer for deposit as follows: (i) for sexual assault,
2    as defined in Section 5-9-1.7 of the Unified Code of
3    Corrections, when the offender and victim are family
4    members, one-half to the Domestic Violence Shelter and
5    Service Fund, and one-half to the Sexual Assault Services
6    Fund; (ii) for the remaining offenses to the Domestic
7    Violence Shelter and Service Fund;
8        (14) violation of Section 11-501 of the Illinois
9    Vehicle Code, Section 5-7 of the Snowmobile Registration
10    and Safety Act, Section 5-16 of the Boat Registration and
11    Safety Act, or a similar provision, whose operation of a
12    motor vehicle, snowmobile, or watercraft while in
13    violation of Section 11-501, Section 5-7 of the Snowmobile
14    Registration and Safety Act, Section 5-16 of the Boat
15    Registration and Safety Act, or a similar provision
16    proximately caused an incident resulting in an appropriate
17    emergency response, $1,000 maximum to the public agency
18    that provided an emergency response related to the
19    person's violation, and if more than one agency responded,
20    the amount payable to public agencies shall be shared
21    equally;
22        (15) violation of Section 401, 407, or 407.2 of the
23    Illinois Controlled Substances Act that proximately caused
24    any incident resulting in an appropriate drug-related
25    emergency response, $1,000 as reimbursement for the
26    emergency response to the law enforcement agency that made

 

 

HB1935- 35 -LRB102 12751 LNS 18090 b

1    the arrest, and if more than one agency is responsible for
2    the arrest, the amount payable to law enforcement agencies
3    shall be shared equally;
4        (16) violation of reckless driving, aggravated
5    reckless driving, or driving 26 miles per hour or more in
6    excess of the speed limit that triggered an emergency
7    response, $1,000 maximum reimbursement for the emergency
8    response to be distributed in its entirety to a public
9    agency that provided an emergency response related to the
10    person's violation, and if more than one agency responded,
11    the amount payable to public agencies shall be shared
12    equally;
13        (17) violation based upon each plea of guilty,
14    stipulation of facts, or finding of guilt resulting in a
15    judgment of conviction or order of supervision for an
16    offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
17    the Criminal Code of 2012 that results in the imposition
18    of a fine, to be distributed as follows:
19            (A) $50 to the county treasurer for deposit into
20        the Circuit Court Clerk Operation and Administrative
21        Fund to cover the costs in administering this
22        paragraph (17);
23            (B) $300 to the State Treasurer who shall deposit
24        the portion as follows:
25                (i) if the arresting or investigating agency
26            is the Department of State Police, into the State

 

 

HB1935- 36 -LRB102 12751 LNS 18090 b

1            Police Law Enforcement Administration Fund;
2                (ii) if the arresting or investigating agency
3            is the Department of Natural Resources, into the
4            Conservation Police Operations Assistance Fund;
5                (iii) if the arresting or investigating agency
6            is the Secretary of State, into the Secretary of
7            State Police Services Fund;
8                (iv) if the arresting or investigating agency
9            is the Illinois Commerce Commission, into the
10            Transportation Regulatory Fund; or
11                (v) if more than one of the State agencies in
12            this subparagraph (B) is the arresting or
13            investigating agency, then equal shares with the
14            shares deposited as provided in the applicable
15            items (i) through (iv) of this subparagraph (B);
16            and
17            (C) the remainder for deposit into the Specialized
18        Services for Survivors of Human Trafficking Fund;
19        (18) weapons violation under Section 24-1.1, 24-1.2,
20    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
21    of 2012, $100 for each conviction to the State Treasurer
22    for deposit into the Trauma Center Fund; and
23        (19) violation of subsection (c) of Section 11-907 of
24    the Illinois Vehicle Code, $250 to the State Treasurer for
25    deposit into the Scott's Law Fund, unless a county or
26    municipal police officer wrote the ticket for the

 

 

HB1935- 37 -LRB102 12751 LNS 18090 b

1    violation, in which case to the county treasurer for
2    deposit into that county's or municipality's
3    Transportation Safety Highway Hire-back Fund to be used as
4    provided in subsection (j) of Section 11-907 of the
5    Illinois Vehicle Code.
6(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
7101-173, eff. 1-1-20; 101-636, eff. 6-10-20.)
 
8    (705 ILCS 135/20-5)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 20-5. Repeal. This Act is repealed on January 1, 2023
112022.
12(Source: P.A. 100-987, eff. 7-1-19; 101-645, eff. 6-26-20.)