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093_SB1062
LRB093 08484 DRJ 08708 b
1 AN ACT in relation to health.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Mental Health and Developmental
5 Disabilities Code is amended by changing Sections 1-119 and
6 2-107.1 and adding Section 3-811.5 as follows:
7 (405 ILCS 5/1-119) (from Ch. 91 1/2, par. 1-119)
8 Sec. 1-119. "Person subject to involuntary admission"
9 means:
10 (1) A person with mental illness and who because of his
11 or her illness is reasonably expected to inflict serious
12 physical harm upon himself or herself or another in the near
13 future; or
14 (2) A person with mental illness and who because of his
15 or her illness is unable to provide for his or her basic
16 physical needs so as to guard himself or herself from serious
17 harm; or.
18 (3) A person who has been adjudged to be subject to
19 authorized involuntary treatment under Section 2-107.1 and
20 with respect to whom:
21 (A) outpatient treatment has been shown to be
22 ineffective because the person is unable or unwilling to
23 comply with his or her treatment plan; and
24 (B) inpatient admission is likely to be effective
25 in implementing the person's treatment plan and is
26 otherwise in the person's best interests.
27 (Source: P.A. 91-726, eff. 6-2-00.)
28 (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
29 Sec. 2-107.1. Administration of authorized involuntary
30 treatment upon application to a court.
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1 (a) An adult recipient of services and the recipient's
2 guardian, if the recipient is under guardianship, and the
3 substitute decision maker, if any, shall be informed of the
4 recipient's right to refuse medication. The recipient and the
5 recipient's guardian or substitute decision maker shall be
6 given the opportunity to refuse generally accepted mental
7 health or developmental disability services, including but
8 not limited to medication.
9 (a-5) Notwithstanding the provisions of Section 2-107 of
10 this Code, authorized involuntary treatment may be
11 administered to an adult recipient of services without the
12 informed consent of the recipient under the following
13 standards:
14 (1) Any person 18 years of age or older, including
15 any guardian, may petition the circuit court for an order
16 authorizing the administration of authorized involuntary
17 treatment to a recipient of services. The petition shall
18 state that the petitioner has made a good faith attempt
19 to determine whether the recipient has executed a power
20 of attorney for health care under the Powers of Attorney
21 for Health Care Law or a declaration for mental health
22 treatment under the Mental Health Treatment Preference
23 Declaration Act and to obtain copies of these instruments
24 if they exist. If either of the above-named instruments
25 is available to the petitioner, the instrument or a copy
26 of the instrument shall be attached to the petition as an
27 exhibit. The petitioner shall deliver a copy of the
28 petition, and notice of the time and place of the
29 hearing, to the respondent, his or her attorney, any
30 known agent or attorney-in-fact, if any, and the
31 guardian, if any, no later than 3 days prior to the date
32 of the hearing. Service of the petition and notice of the
33 time and place of the hearing may be made by transmitting
34 them via facsimile machine to the respondent or other
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1 party. Upon receipt of the petition and notice, the
2 party served, or the person delivering the petition and
3 notice to the party served, shall acknowledge service.
4 If the party sending the petition and notice does not
5 receive acknowledgement of service within 24 hours,
6 service must be made by personal service.
7 The petition may include a request that the court
8 authorize such testing and procedures as may be essential
9 for the safe and effective administration of the
10 authorized involuntary treatment sought to be
11 administered, but only where the petition sets forth the
12 specific testing and procedures sought to be
13 administered.
14 If a hearing is requested to be held immediately
15 following the hearing on a petition for involuntary
16 admission, then the notice requirement shall be the same
17 as that for the hearing on the petition for involuntary
18 admission, and the petition filed pursuant to this
19 Section shall be filed with the petition for involuntary
20 admission.
21 (2) The court shall hold a hearing within 7 days of
22 the filing of the petition. The People, the petitioner,
23 or the respondent shall be entitled to a continuance of
24 up to 7 days as of right. An additional continuance of
25 not more than 7 days may be granted to any party (i) upon
26 a showing that the continuance is needed in order to
27 adequately prepare for or present evidence in a hearing
28 under this Section or (ii) under exceptional
29 circumstances. The court may grant an additional
30 continuance not to exceed 21 days when, in its
31 discretion, the court determines that such a continuance
32 is necessary in order to provide the recipient with an
33 examination pursuant to Section 3-803 or 3-804 of this
34 Act, to provide the recipient with a trial by jury as
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1 provided in Section 3-802 of this Act, or to arrange for
2 the substitution of counsel as provided for by the
3 Illinois Supreme Court Rules. The hearing shall be
4 separate from a judicial proceeding held to determine
5 whether a person is subject to involuntary admission but
6 may be heard immediately preceding or following such a
7 judicial proceeding and may be heard by the same trier of
8 fact or law as in that judicial proceeding.
9 (3) Unless otherwise provided herein, the
10 procedures set forth in Article VIII of Chapter 3 of this
11 Act, including the provisions regarding appointment of
12 counsel, shall govern hearings held under this subsection
13 (a-5).
14 (4) Authorized involuntary treatment shall not be
15 administered to the recipient unless it has been
16 determined by clear and convincing evidence that all of
17 the following factors are present:
18 (A) That the recipient has a serious mental
19 illness or developmental disability.
20 (B) That because of said mental illness or
21 developmental disability, the recipient exhibits any
22 one of the following at the time it is determined
23 that this factor (B) is present: (i) deterioration
24 of his or her ability to function, as compared to
25 the recipient's ability to function before the onset
26 of symptoms of the mental illness or disability for
27 which the authorized involuntary treatment is being
28 sought, (ii) suffering, or (iii) threatening
29 behavior.
30 (C) That the illness or disability has existed
31 for a period marked by the continuing presence of
32 the symptoms set forth in item (B) of this
33 subdivision (4) or the repeated episodic occurrence
34 of these symptoms.
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1 (D) That the benefits of the treatment
2 outweigh the harm.
3 (E) That the recipient lacks the capacity to
4 make a reasoned decision about the treatment.
5 (F) That other less restrictive services have
6 been explored and found inappropriate.
7 (G) If the petition seeks authorization for
8 testing and other procedures, that such testing and
9 procedures are essential for the safe and effective
10 administration of the treatment.
11 (5) In no event shall an order issued under this
12 Section be effective for more than 90 days. A second
13 90-day period of involuntary treatment may be authorized
14 pursuant to a hearing that complies with the standards
15 and procedures of this subsection (a-5). Thereafter,
16 additional 180-day periods of involuntary treatment may
17 be authorized pursuant to the standards and procedures of
18 this Section without limit. If a new petition to
19 authorize the administration of authorized involuntary
20 treatment is filed at least 15 days prior to the
21 expiration of the prior order, and if any continuance of
22 the hearing is agreed to by the recipient, the
23 administration of the treatment may continue in
24 accordance with the prior order pending the completion of
25 a hearing under this Section.
26 (6) An order issued under this subsection (a-5)
27 shall designate the persons authorized to administer the
28 authorized involuntary treatment under the standards and
29 procedures of this subsection (a-5). Those persons shall
30 have complete discretion not to administer any treatment
31 authorized under this Section. The order shall also
32 specify the medications and the anticipated range of
33 dosages that have been authorized.
34 (b) A guardian may be authorized to consent to the
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1 administration of authorized involuntary treatment to an
2 objecting recipient only under the standards and procedures
3 of subsection (a-5).
4 (c) Notwithstanding any other provision of this Section,
5 a guardian may consent to the administration of authorized
6 involuntary treatment to a non-objecting recipient under
7 Article XIa of the Probate Act of 1975.
8 (d) Nothing in this Section shall prevent the
9 administration of authorized involuntary treatment to
10 recipients in an emergency under Section 2-107 of this Act.
11 (e) Notwithstanding any of the provisions of this
12 Section, authorized involuntary treatment may be administered
13 pursuant to a power of attorney for health care under the
14 Powers of Attorney for Health Care Law or a declaration for
15 mental health treatment under the Mental Health Treatment
16 Preference Declaration Act.
17 (Source: P.A. 91-726, eff. 6-2-00; 91-787, eff. 1-1-01;
18 92-16, eff. 6-28-01.)
19 (405 ILCS 5/3-811.5 new)
20 Sec. 3-811.5. Agreed order for alternative treatment or
21 care and custody.
22 (a) At any time before the conclusion of the hearing and
23 the entry of the court's findings, a respondent may enter
24 into an agreement to be subject to an order for alternative
25 treatment or care and custody as provided in Sections 3-811,
26 3-812, 3-813, and 3-815, provided that:
27 (1) The court and the parties have been presented
28 with a written report under Section 3-810 containing a
29 recommendation for alternative treatment or care and
30 custody and setting forth in detail the conditions for
31 such an order, and the court is satisfied that the
32 proposal for alternative treatment or care and custody is
33 in the best interest of the respondent and of the public.
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1 (2) The court advises the respondent of the
2 conditions of the proposed order in open court and is
3 satisfied that the respondent understands and agrees to
4 the conditions of the proposed order for alternative
5 treatment or care and custody.
6 (3) The proposed custodian is advised of the
7 recommendation for care and custody and agrees to abide
8 by the terms of the proposed order.
9 (4) No such order may require the respondent to be
10 hospitalized except as provided in subsection (b) of this
11 Section.
12 (5) No order may include as one of its conditions
13 the administration of psychotropic medication, unless the
14 court determines, based on the documented history of the
15 respondent's treatment and illness, that the respondent
16 is unlikely to continue to receive needed psychotropic
17 medication in the absence of such an order.
18 (b) An agreed order of care and custody entered under
19 this Section may grant the custodian the authority to admit a
20 respondent to a hospital if the respondent fails to comply
21 with the conditions of the agreed order. If necessary in
22 order to obtain the hospitalization of the respondent, the
23 custodian may apply to the court for an order authorizing a
24 peace officer to take the respondent into custody and
25 transport the respondent to the hospital specified in the
26 agreed order. The provisions of Section 3-605 shall govern
27 the transportation of the respondent to a mental health
28 facility, except to the extent that those provision are
29 inconsistent with this Section. However, a person admitted to
30 a hospital pursuant to powers granted under an agreed order
31 for care and custody shall be treated as a voluntary
32 recipient pursuant to Article IV of this Chapter and shall be
33 advised immediately of his or her right to request a
34 discharge under Section 3-403.
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1 (c) If the court has appointed counsel for the
2 respondent under Section 3-805, that appointment shall
3 continue for the duration of any order entered under this
4 Section, and the respondent shall be represented by counsel
5 in any proceedings held under this Section.
6 (d) An order entered under this Section shall not
7 constitute a finding that the respondent is subject to
8 involuntary admission.
9 (e) Nothing in this Section shall be deemed to create an
10 agency relationship between the respondent and any custodian
11 appointed under this Section.
12 (f) Notwithstanding any other provision of Illinois law
13 to the contrary, no respondent may be cited for contempt for
14 violating the terms and conditions of her or his agreed order
15 of care and custody.
16 Section 10. The Clerks of Courts Act is amended by
17 changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
18 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
19 Sec. 27.1. The fees of the Clerk of the Circuit Court in
20 all counties having a population of 180,000 inhabitants or
21 less shall be paid in advance, except as otherwise provided,
22 and shall be as follows:
23 (a) Civil Cases.
24 (1) All civil cases except as otherwise
25 provided........................................... $40
26 (2) Judicial Sales (except Probate).......... $40
27 (b) Family.
28 (1) Commitment petitions under the Mental
29 Health and Developmental Disabilities Code, Filing
30 transcript of commitment proceedings held in
31 another county, and Cases under the Juvenile Court
32 Act of 1987........................................ $25
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1 (2) Petition for Marriage Licenses........... $10
2 (3) Marriages in Court....................... $10
3 (4) Paternity................................ $40
4 (c) Criminal and Quasi-Criminal.
5 (1) Each person convicted of a felony........ $40
6 (2) Each person convicted of a misdemeanor,
7 leaving scene of an accident, driving while
8 intoxicated, reckless driving or drag racing,
9 driving when license revoked or suspended,
10 overweight, or no interstate commerce certificate,
11 or when the disposition is court supervision....... $25
12 (3) Each person convicted of a business
13 offense............................................ $25
14 (4) Each person convicted of a petty offense. $25
15 (5) Minor traffic, conservation, or
16 ordinance violation, including without limitation
17 when the disposition is court supervision:
18 (i) For each offense.................... $10
19 (ii) For each notice sent to the
20 defendant's last known address pursuant to
21 subsection (c) of Section 6-306.4 of the Illinois
22 Vehicle Code....................................... $2
23 (iii) For each notice sent to the
24 Secretary of State pursuant to subsection (c) of
25 Section 6-306.4 of the Illinois Vehicle Code....... $2
26 (6) When Court Appearance required........... $15
27 (7) Motions to vacate or amend final orders.. $10
28 (8) In ordinance violation cases punishable
29 by fine only, the clerk of the circuit court shall
30 be entitled to receive, unless the fee is excused
31 upon a finding by the court that the defendant is
32 indigent, in addition to other fees or costs
33 allowed or imposed by law, the sum of $62.50 as a
34 fee for the services of a jury. The jury fee shall
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1 be paid by the defendant at the time of filing his
2 or her jury demand. If the fee is not so paid by
3 the defendant, no jury shall be called, and the
4 case shall be tried by the court without a jury.
5 (d) Other Civil Cases.
6 (1) Money or personal property claimed does
7 not exceed $500.................................... $10
8 (2) Exceeds $500 but not more than $10,000... $25
9 (3) Exceeds $10,000, when relief in addition
10 to or supplemental to recovery of money alone is
11 sought in an action to recover personal property
12 taxes or retailers occupational tax regardless of
13 amount claimed..................................... $45
14 (4) The Clerk of the Circuit Court shall be
15 entitled to receive, in addition to other fees
16 allowed by law, the sum of $62.50, as a fee for the
17 services of a jury in every civil action not
18 quasi-criminal in its nature and not a proceeding
19 for the exercise of the right of eminent domain,
20 and in every equitable action wherein the right of
21 trial by jury is or may be given by law. The jury
22 fee shall be paid by the party demanding a jury at
23 the time of filing his jury demand. If such a fee
24 is not paid by either party, no jury shall be
25 called in the action, suit, or proceeding, and the
26 same shall be tried by the court without a jury.
27 (e) Confession of judgment and answer.
28 (1) When the amount does not exceed $1,000... $20
29 (2) Exceeds $1,000........................... $40
30 (f) Auxiliary Proceedings.
31 Any auxiliary proceeding relating to the
32 collection of a money judgment, including
33 garnishment, citation, or wage deduction action.... $5
34 (g) Forcible entry and detainer.
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1 (1) For possession only or possession and
2 rent not in excess of $10,000...................... $10
3 (2) For possession and rent in excess of
4 $10,000............................................ $40
5 (h) Eminent Domain.
6 (1) Exercise of Eminent Domain............... $45
7 (2) For each and every lot or tract of land
8 or right or interest therein subject to be
9 condemned, the damages in respect to which shall
10 require separate assessments by a jury............. $45
11 (i) Reinstatement.
12 Each case including petition for modification
13 of a judgment or order of Court if filed later than
14 30 days after the entry of a judgment or order,
15 except in forcible entry and detainer cases and
16 small claims and except a petition to modify,
17 terminate, or enforce a judgement or order for
18 child or spousal support or to modify, suspend, or
19 terminate an order for withholding, petition to
20 vacate judgment of dismissal for want of
21 prosecution whenever filed, petition to reopen an
22 estate, or redocketing of any cause................ $20
23 (j) Probate.
24 (1) Administration of decedent's estates,
25 whether testate or intestate, guardianships of the
26 person or estate or both of a person under legal
27 disability, guardianships of the person or estate
28 or both of a minor or minors, or petitions to sell
29 real estate in the administration of any estate.... $50
30 (2) Small estates in cases where the real and
31 personal property of an estate does not exceed
32 $5,000............................................. $25
33 (3) At any time during the administration of
34 the estate, however, at the request of the Clerk,
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1 the Court shall examine the record of the estate
2 and the personal representative to determine the
3 total value of the real and personal property of
4 the estate, and if such value exceeds $5,000 shall
5 order the payment of an additional fee in the
6 amount of.......................................... $40
7 (4) Inheritance tax proceedings.............. $15
8 (5) Issuing letters only for a certain
9 specific reason other than the administration of an
10 estate, including but not limited to the release of
11 mortgage; the issue of letters of guardianship in
12 order that consent to marriage may be granted or
13 for some other specific reason other than for the
14 care of property or person; proof of heirship
15 without administration; or when a will is to be
16 admitted to probate, but the estate is to be
17 settled without administration..................... $10
18 (6) When a separate complaint relating to any
19 matter other than a routine claim is filed in an
20 estate, the required additional fee shall be
21 charged for such filing............................ $45
22 (k) Change of Venue.
23 From a court, the charge is the same amount as
24 the original filing fee; however, the fee for
25 preparation and certification of record on change
26 of venue, when original documents or copies are
27 forwarded.......................................... $10
28 (l) Answer, adverse pleading, or appearance.
29 In civil cases................................ $15
30 With the following exceptions:
31 (1) When the amount does not exceed $500..... $5
32 (2) When amount exceeds $500 but not $10,000. $10
33 (3) When amount exceeds $10,000.............. $15
34 (4) Court appeals when documents are
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1 forwarded, over 200 pages, additional fee per page
2 over 200........................................... 10¢
3 (m) Tax objection complaints.
4 For each tax objection complaint containing
5 one or more tax objections, regardless of the
6 number of parcels involved or the number of
7 taxpayers joining the complaint.................... $10
8 (n) Tax deed.
9 (1) Petition for tax deed, if only one parcel
10 is involved........................................ $45
11 (2) For each additional parcel involved, an
12 additional fee of.................................. $10
13 (o) Mailing Notices and Processes.
14 (1) All notices that the clerk is required to
15 mail as first class mail........................... $2
16 (2) For all processes or notices the Clerk is
17 required to mail by certified or registered mail,
18 the fee will be $2 plus cost of postage.
19 (p) Certification or Authentication.
20 (1) Each certification or authentication for
21 taking the acknowledgement of a deed or other
22 instrument in writing with seal of office.......... $2
23 (2) Court appeals when original documents are
24 forwarded, 100 pages or under, plus delivery costs. $25
25 (3) Court appeals when original documents are
26 forwarded, over 100 pages, plus delivery costs..... $60
27 (4) Court appeals when original documents are
28 forwarded, over 200 pages, additional fee per page
29 over 200........................................... 10¢
30 (q) Reproductions.
31 Each record of proceedings and judgment,
32 whether on appeal, change of venue, certified
33 copies of orders and judgments, and all other
34 instruments, documents, records, or papers:
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1 (1) First page.......................... $1
2 (2) Next 19 pages, per page............. 50¢
3 (3) All remaining pages, per page....... 25¢
4 (r) Counterclaim.
5 When any defendant files a counterclaim as
6 part of his or her answer or otherwise, or joins
7 another party as a third party defendant, or both,
8 he or she shall pay a fee for each such
9 counterclaim or third party action in an amount
10 equal to the fee he or she would have had to pay
11 had he or she brought a separate action for the
12 relief sought in the counterclaim or against the
13 third party defendant, less the amount of the
14 appearance fee, if that has been paid.
15 (s) Transcript of Judgment.
16 From a court, the same fee as if case
17 originally filed.
18 (t) Publications.
19 The cost of publication shall be paid directly
20 to the publisher by the person seeking the
21 publication, whether the clerk is required by law
22 to publish, or the parties to the action.
23 (u) Collections.
24 (1) For all collections made for others,
25 except the State and County and except in
26 maintenance or child support cases, a sum equal to
27 2% of the amount collected and turned over.
28 (2) In any cases remanded to the Circuit
29 Court from the Supreme Court or the Appellate
30 Court, the Clerk shall file the remanding order and
31 reinstate the case with either its original number
32 or a new number. The Clerk shall not charge any
33 new or additional fee for the reinstatement. Upon
34 reinstatement the Clerk shall advise the parties of
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1 the reinstatement. A party shall have the same
2 right to a jury trial on remand and reinstatement
3 as he or she had before the appeal, and no
4 additional or new fee or charge shall be made for a
5 jury trial after remand.
6 (3) In maintenance and child support matters,
7 the Clerk may deduct from each payment an amount
8 equal to the United States postage to be used in
9 mailing the maintenance or child support check to
10 the recipient. In such cases, the Clerk shall
11 collect an annual fee of up to $36 from the person
12 making such payment for maintaining child support
13 records and the processing of support orders to the
14 State of Illinois KIDS system and the recording of
15 payments issued by the State Disbursement Unit for
16 the official record of the Court. Such sum shall be
17 in addition to and separate from amounts ordered to
18 be paid as maintenance or child support and shall
19 be deposited in a separate Maintenance and Child
20 Support Collection Fund of which the Clerk shall be
21 the custodian, ex officio, to be used by the Clerk
22 to maintain child support orders and record all
23 payments issued by the State Disbursement Unit for
24 the official record of the Court. Unless paid in
25 cash or pursuant to an order for withholding, the
26 payment of the fee shall be by a separate
27 instrument from the support payment and shall be
28 made to the order of the Clerk. The Clerk may
29 recover from the person making the maintenance or
30 child support payment any additional cost incurred
31 in the collection of this annual fee.
32 (4) Interest earned on any funds held by the
33 clerk shall be turned over to the county general
34 fund as an earning of the office.
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1 The Clerk shall also be entitled to a fee of
2 $5 for certifications made to the Secretary of
3 State as provided in Section 7-703 of the Family
4 Financial Responsibility Law and these fees shall
5 also be deposited into the Separate Maintenance and
6 Child Support Collection Fund.
7 (v) Correction of Cases.
8 For correcting the case number or case title
9 on any document filed in his office, to be charged
10 against the party that filed the document.......... $10
11 (w) Record Search.
12 For searching a record, per year searched..... $4
13 (x) Printed Output.
14 For each page of hard copy print output, when
15 case records are maintained on an automated medium. $2
16 (y) Alias Summons.
17 For each alias summons issued................. $2
18 (z) Expungement of Records.
19 For each expungement petition filed........... $15
20 (aa) Other Fees.
21 Any fees not covered by this Section shall be set by
22 rule or administrative order of the Circuit Court, with
23 the approval of the Supreme Court.
24 (bb) Exemptions.
25 No fee provided for herein shall be charged to any
26 unit of State or local government or school district
27 unless the Court orders another party to pay such fee on
28 its behalf. The fee requirements of this Section shall
29 not apply to police departments or other law enforcement
30 agencies. In this Section, "law enforcement agency" means
31 an agency of the State or a unit of local government that
32 is vested by law or ordinance with the duty to maintain
33 public order and to enforce criminal laws and ordinances.
34 The fee requirements of this Section shall not apply to
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1 any action instituted under subsection (b) of Section
2 11-31-1 of the Illinois Municipal Code by a private owner
3 or tenant of real property within 1200 feet of a
4 dangerous or unsafe building seeking an order compelling
5 the owner or owners of the building to take any of the
6 actions authorized under that subsection.
7 No fee provided for in this Section shall be charged
8 in connection with the filing of any commitment petition
9 or petition for an order authorizing the administration
10 of authorized involuntary treatment in the form of
11 medication under the Mental Health and Developmental
12 Disabilities Code.
13 (cc) Adoptions.
14 (1) For an adoption.............................$65
15 (2) Upon good cause shown, the court may waive the
16 adoption filing fee in a special needs adoption. The
17 term "special needs adoption" shall have the meaning
18 ascribed to it by the Illinois Department of Children and
19 Family Services.
20 (dd) Adoption exemptions.
21 No fee other than that set forth in subsection (cc)
22 shall be charged to any person in connection with an
23 adoption proceeding.
24 (ee) Additional Services.
25 Beginning July 1, 1993, the clerk of the circuit
26 court may provide such additional services for which
27 there is no fee specified by statute in connection with
28 the operation of the clerk's office as may be requested
29 by the public and agreed to by the public and by the
30 clerk and approved by the chief judge of the circuit
31 court. Any charges for additional services shall be as
32 agreed to between the clerk and the party making the
33 request and approved by the chief judge of the circuit
34 court. Nothing in this subsection shall be construed to
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1 require any clerk to provide any service not otherwise
2 required by law.
3 (ff) Returned checks.
4 For each check delivered to the clerk that is not
5 honored on 2 occasions by the financial institution upon
6 which it is drawn because of insufficient funds in the
7 account, because the account is closed, because there is
8 no account, or because a stop payment has been placed on
9 the check, in addition to the amount already owed....$25.
10 (Source: P.A. 91-165, eff. 7-16-99; 91-321, eff. 1-1-00;
11 91-357, eff. 7-29-99; 91-612, eff. 10-1-99; 92-16, eff.
12 6-28-01; 92-114, eff. 1-1-02.)
13 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
14 Sec. 27.1a. The fees of the clerks of the circuit court
15 in all counties having a population in excess of 180,000 but
16 not more than 500,000 inhabitants in the instances described
17 in this Section shall be as provided in this Section. The
18 fees shall be 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 $150.
23 (A) When the amount of money or damages or the
24 value of personal property claimed does not exceed
25 $250, $10.
26 (B) When that amount exceeds $250 but does not
27 exceed $500, $20.
28 (C) When that amount exceeds $500 but does not
29 exceed $2500, $30.
30 (D) When that amount exceeds $2500 but does
31 not exceed $15,000, $75.
32 (E) For the exercise of eminent domain, $150.
33 For each additional lot or tract of land or right or
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1 interest therein subject to be condemned, the
2 damages in respect to which shall require separate
3 assessment by a jury, $150.
4 (a-1) Family.
5 For filing a petition under the Juvenile Court Act
6 of 1987, $25.
7 For filing a petition for a marriage license, $10.
8 For performing a marriage in court, $10.
9 For filing a petition under the Illinois Parentage
10 Act of 1984, $40.
11 (b) Forcible Entry and Detainer.
12 In each forcible entry and detainer case when the
13 plaintiff seeks possession only or unites with his or her
14 claim for possession of the property a claim for rent or
15 damages or both in the amount of $15,000 or less, $40.
16 When the plaintiff unites his or her claim for possession
17 with a claim for rent or damages or both exceeding
18 $15,000, $150.
19 (c) Counterclaim or Joining Third Party Defendant.
20 When any defendant files a counterclaim as part of
21 his or her answer or otherwise or joins another party as
22 a third party defendant, or both, the defendant shall pay
23 a fee for each counterclaim or third party action in an
24 amount equal to the fee he or she would have had to pay
25 had he or she brought a separate action for the relief
26 sought in the counterclaim or against the third party
27 defendant, less the amount of the appearance fee, if that
28 has been paid.
29 (d) Confession of Judgment.
30 In a confession of judgment when the amount does not
31 exceed $1500, $50. When the amount exceeds $1500, but
32 does not exceed $15,000, $115. When the amount exceeds
33 $15,000, $200.
34 (e) Appearance.
-20- LRB093 08484 DRJ 08708 b
1 The fee for filing an appearance in each civil case
2 shall be $50, except as follows:
3 (A) When the plaintiff in a forcible entry and
4 detainer case seeks possession only, $20.
5 (B) When the amount in the case does not
6 exceed $1500, $20.
7 (C) When that amount exceeds $1500 but does
8 not exceed $15,000, $40.
9 (f) Garnishment, Wage Deduction, and Citation.
10 In garnishment affidavit, wage deduction affidavit,
11 and citation petition when the amount does not exceed
12 $1,000, $10; when the amount exceeds $1,000 but does not
13 exceed $5,000, $20; and when the amount exceeds $5,000,
14 $30.
15 (g) Petition to Vacate or Modify.
16 (1) Petition to vacate or modify any final judgment
17 or order of court, except in forcible entry and detainer
18 cases and small claims cases or a petition to reopen an
19 estate, to modify, terminate, or enforce a judgment or
20 order for child or spousal support, or to modify,
21 suspend, or terminate an order for withholding, if filed
22 before 30 days after the entry of the judgment or order,
23 $40.
24 (2) Petition to vacate or modify any final judgment
25 or order of court, except a petition to modify,
26 terminate, or enforce a judgment or order for child or
27 spousal support or to modify, suspend, or terminate an
28 order for withholding, if filed later than 30 days after
29 the entry of the judgment or order, $60.
30 (3) Petition to vacate order of bond forfeiture,
31 $20.
32 (h) Mailing.
33 When the clerk is required to mail, the fee will be
34 $6, plus the cost of postage.
-21- LRB093 08484 DRJ 08708 b
1 (i) Certified Copies.
2 Each certified copy of a judgment after the first,
3 except in small claims and forcible entry and detainer
4 cases, $10.
5 (j) Habeas Corpus.
6 For filing a petition for relief by habeas corpus,
7 $80.
8 (k) Certification, Authentication, and Reproduction.
9 (1) Each certification or authentication for taking
10 the acknowledgment of a deed or other instrument in
11 writing with the seal of office, $4.
12 (2) Court appeals when original documents are
13 forwarded, under 100 pages, plus delivery and costs, $50.
14 (3) Court appeals when original documents are
15 forwarded, over 100 pages, plus delivery and costs, $120.
16 (4) Court appeals when original documents are
17 forwarded, over 200 pages, an additional fee of 20 cents
18 per page.
19 (5) For reproduction of any document contained in
20 the clerk's files:
21 (A) First page, $2.
22 (B) Next 19 pages, 50 cents per page.
23 (C) All remaining pages, 25 cents per page.
24 (l) Remands.
25 In any cases remanded to the Circuit Court from the
26 Supreme Court or the Appellate Court for a new trial, the
27 clerk shall file the remanding order and reinstate the
28 case with either its original number or a new number. The
29 Clerk shall not charge any new or additional fee for the
30 reinstatement. Upon reinstatement the Clerk shall advise
31 the parties of the reinstatement. A party shall have the
32 same right to a jury trial on remand and reinstatement as
33 he or she had before the appeal, and no additional or new
34 fee or charge shall be made for a jury trial after
-22- LRB093 08484 DRJ 08708 b
1 remand.
2 (m) Record Search.
3 For each record search, within a division or
4 municipal district, the clerk shall be entitled to a
5 search fee of $4 for each year searched.
6 (n) Hard Copy.
7 For each page of hard copy print output, when case
8 records are maintained on an automated medium, the clerk
9 shall be entitled to a fee of $4.
10 (o) Index Inquiry and Other Records.
11 No fee shall be charged for a single
12 plaintiff/defendant index inquiry or single case record
13 inquiry when this request is made in person and the
14 records are maintained in a current automated medium, and
15 when no hard copy print output is requested. The fees to
16 be charged for management records, multiple case records,
17 and multiple journal records may be specified by the
18 Chief Judge pursuant to the guidelines for access and
19 dissemination of information approved by the Supreme
20 Court.
21 (p) (Blank).Commitment Petitions.
22 For filing commitment petitions under the Mental
23 Health and Developmental Disabilities Code and for filing
24 a transcript of commitment proceedings held in another
25 county, $25.
26 (q) Alias Summons.
27 For each alias summons or citation issued by the
28 clerk, $4.
29 (r) Other Fees.
30 Any fees not covered in this Section shall be set by
31 rule or administrative order of the Circuit Court with
32 the approval of the Administrative Office of the Illinois
33 Courts.
34 The clerk of the circuit court may provide
-23- LRB093 08484 DRJ 08708 b
1 additional services for which there is no fee specified
2 by statute in connection with the operation of the
3 clerk's office as may be requested by the public and
4 agreed to by the clerk and approved by the chief judge of
5 the circuit court. Any charges for additional services
6 shall be as agreed to between the clerk and the party
7 making the request and approved by the chief judge of the
8 circuit court. Nothing in this subsection shall be
9 construed to require any clerk to provide any service not
10 otherwise required by law.
11 (s) Jury Services.
12 The clerk shall be entitled to receive, in addition
13 to other fees allowed by law, the sum of $192.50, as a
14 fee for the services of a jury in every civil action not
15 quasi-criminal in its nature and not a proceeding for the
16 exercise of the right of eminent domain and in every
17 other action wherein the right of trial by jury is or may
18 be given by law. The jury fee shall be paid by the party
19 demanding a jury at the time of filing the jury demand.
20 If the fee is not paid by either party, no jury shall be
21 called in the action or proceeding, and the same shall be
22 tried by the court without a jury.
23 (t) Voluntary Assignment.
24 For filing each deed of voluntary assignment, $10;
25 for recording the same, 25¢ for each 100 words.
26 Exceptions filed to claims presented to an assignee of a
27 debtor who has made a voluntary assignment for the
28 benefit of creditors shall be considered and treated, for
29 the purpose of taxing costs therein, as actions in which
30 the party or parties filing the exceptions shall be
31 considered as party or parties plaintiff, and the
32 claimant or claimants as party or parties defendant, and
33 those parties respectively shall pay to the clerk the
34 same fees as provided by this Section to be paid in other
-24- LRB093 08484 DRJ 08708 b
1 actions.
2 (u) Expungement Petition.
3 The clerk shall be entitled to receive a fee of $30
4 for each expungement petition filed and an additional fee
5 of $2 for each certified copy of an order to expunge
6 arrest records.
7 (v) Probate.
8 The clerk is entitled to receive the fees specified
9 in this subsection (v), which shall be paid in advance,
10 except that, for good cause shown, the court may suspend,
11 reduce, or release the costs payable under this
12 subsection:
13 (1) For administration of the estate of a decedent
14 (whether testate or intestate) or of a missing person,
15 $100, plus the fees specified in subsection (v)(3),
16 except:
17 (A) When the value of the real and personal
18 property does not exceed $15,000, the fee shall be
19 $25.
20 (B) When (i) proof of heirship alone is made,
21 (ii) a domestic or foreign will is admitted to
22 probate without administration (including proof of
23 heirship), or (iii) letters of office are issued for
24 a particular purpose without administration of the
25 estate, the fee shall be $25.
26 (2) For administration of the estate of a ward,
27 $50, plus the fees specified in subsection (v)(3),
28 except:
29 (A) When the value of the real and personal
30 property does not exceed $15,000, the fee shall be
31 $25.
32 (B) When (i) letters of office are issued to a
33 guardian of the person or persons, but not of the
34 estate or (ii) letters of office are issued in the
-25- LRB093 08484 DRJ 08708 b
1 estate of a ward without administration of the
2 estate, including filing or joining in the filing of
3 a tax return or releasing a mortgage or consenting
4 to the marriage of the ward, the fee shall be $10.
5 (3) In addition to the fees payable under
6 subsection (v)(1) or (v)(2) of this Section, the
7 following fees are payable:
8 (A) For each account (other than one final
9 account) filed in the estate of a decedent, or ward,
10 $15.
11 (B) For filing a claim in an estate when the
12 amount claimed is $150 or more but less than $500,
13 $10; when the amount claimed is $500 or more but
14 less than $10,000, $25; when the amount claimed is
15 $10,000 or more, $40; provided that the court in
16 allowing a claim may add to the amount allowed the
17 filing fee paid by the claimant.
18 (C) For filing in an estate a claim, petition,
19 or supplemental proceeding based upon an action
20 seeking equitable relief including the construction
21 or contest of a will, enforcement of a contract to
22 make a will, and proceedings involving testamentary
23 trusts or the appointment of testamentary trustees,
24 $40.
25 (D) For filing in an estate (i) the appearance
26 of any person for the purpose of consent or (ii) the
27 appearance of an executor, administrator,
28 administrator to collect, guardian, guardian ad
29 litem, or special administrator, no fee.
30 (E) Except as provided in subsection
31 (v)(3)(D), for filing the appearance of any person
32 or persons, $10.
33 (F) For each jury demand, $102.50.
34 (G) For disposition of the collection of a
-26- LRB093 08484 DRJ 08708 b
1 judgment or settlement of an action or claim for
2 wrongful death of a decedent or of any cause of
3 action of a ward, when there is no other
4 administration of the estate, $30, less any amount
5 paid under subsection (v)(1)(B) or (v)(2)(B) except
6 that if the amount involved does not exceed $5,000,
7 the fee, including any amount paid under subsection
8 (v)(1)(B) or (v)(2)(B), shall be $10.
9 (H) For each certified copy of letters of
10 office, of court order or other certification, $1,
11 plus 50¢ per page in excess of 3 pages for the
12 document certified.
13 (I) For each exemplification, $1, plus the fee
14 for certification.
15 (4) The executor, administrator, guardian,
16 petitioner, or other interested person or his or her
17 attorney shall pay the cost of publication by the clerk
18 directly to the newspaper.
19 (5) The person on whose behalf a charge is incurred
20 for witness, court reporter, appraiser, or other
21 miscellaneous fee shall pay the same directly to the
22 person entitled thereto.
23 (6) The executor, administrator, guardian,
24 petitioner, or other interested person or his or her
25 attorney shall pay to the clerk all postage charges
26 incurred by the clerk in mailing petitions, orders,
27 notices, or other documents pursuant to the provisions of
28 the Probate Act of 1975.
29 (w) Criminal and Quasi-Criminal Costs and Fees.
30 (1) The clerk shall be entitled to costs in all
31 criminal and quasi-criminal cases from each person
32 convicted or sentenced to supervision therein as follows:
33 (A) Felony complaints, $80.
34 (B) Misdemeanor complaints, $50.
-27- LRB093 08484 DRJ 08708 b
1 (C) Business offense complaints, $50.
2 (D) Petty offense complaints, $50.
3 (E) Minor traffic or ordinance violations,
4 $20.
5 (F) When court appearance required, $30.
6 (G) Motions to vacate or amend final orders,
7 $20.
8 (H) Motions to vacate bond forfeiture orders,
9 $20.
10 (I) Motions to vacate ex parte judgments,
11 whenever filed, $20.
12 (J) Motions to vacate judgment on forfeitures,
13 whenever filed, $20.
14 (K) Motions to vacate "failure to appear" or
15 "failure to comply" notices sent to the Secretary of
16 State, $20.
17 (2) In counties having a population in excess of
18 180,000 but not more than 500,000 inhabitants, when the
19 violation complaint is issued by a municipal police
20 department, the clerk shall be entitled to costs from
21 each person convicted therein as follows:
22 (A) Minor traffic or ordinance violations,
23 $10.
24 (B) When court appearance required, $15.
25 (3) In ordinance violation cases punishable by fine
26 only, the clerk of the circuit court shall be entitled to
27 receive, unless the fee is excused upon a finding by the
28 court that the defendant is indigent, in addition to
29 other fees or costs allowed or imposed by law, the sum of
30 $62.50 as a fee for the services of a jury. The jury fee
31 shall be paid by the defendant at the time of filing his
32 or her jury demand. If the fee is not so paid by the
33 defendant, no jury shall be called, and the case shall be
34 tried by the court without a jury.
-28- LRB093 08484 DRJ 08708 b
1 (x) Transcripts of Judgment.
2 For the filing of a transcript of judgment, the
3 clerk shall be entitled to the same fee as if it were the
4 commencement of a new suit.
5 (y) Change of Venue.
6 (1) For the filing of a change of case on a change
7 of venue, the clerk shall be entitled to the same fee as
8 if it were the commencement of a new suit.
9 (2) The fee for the preparation and certification
10 of a record on a change of venue to another jurisdiction,
11 when original documents are forwarded, $25.
12 (z) Tax objection complaints.
13 For each tax objection complaint containing one or
14 more tax objections, regardless of the number of parcels
15 involved or the number of taxpayers joining on the
16 complaint, $25.
17 (aa) Tax Deeds.
18 (1) Petition for tax deed, if only one parcel is
19 involved, $150.
20 (2) For each additional parcel, add a fee of $50.
21 (bb) Collections.
22 (1) For all collections made of others, except the
23 State and county and except in maintenance or child
24 support cases, a sum equal to 2.5% of the amount
25 collected and turned over.
26 (2) Interest earned on any funds held by the clerk
27 shall be turned over to the county general fund as an
28 earning of the office.
29 (3) For any check, draft, or other bank instrument
30 returned to the clerk for non-sufficient funds, account
31 closed, or payment stopped, $25.
32 (4) In child support and maintenance cases, the
33 clerk, if authorized by an ordinance of the county board,
34 may collect an annual fee of up to $36 from the person
-29- LRB093 08484 DRJ 08708 b
1 making payment for maintaining child support records and
2 the processing of support orders to the State of Illinois
3 KIDS system and the recording of payments issued by the
4 State Disbursement Unit for the official record of the
5 Court. This fee shall be in addition to and separate
6 from amounts ordered to be paid as maintenance or child
7 support and shall be deposited into a Separate
8 Maintenance and Child Support Collection Fund, of which
9 the clerk shall be the custodian, ex-officio, to be used
10 by the clerk to maintain child support orders and record
11 all payments issued by the State Disbursement Unit for
12 the official record of the Court. The clerk may recover
13 from the person making the maintenance or child support
14 payment any additional cost incurred in the collection
15 of this annual fee.
16 The clerk shall also be entitled to a fee of $5 for
17 certifications made to the Secretary of State as provided
18 in Section 7-703 of the Family Financial Responsibility
19 Law and these fees shall also be deposited into the
20 Separate Maintenance and Child Support Collection Fund.
21 (cc) Corrections of Numbers.
22 For correction of the case number, case title, or
23 attorney computer identification number, if required by
24 rule of court, on any document filed in the clerk's
25 office, to be charged against the party that filed the
26 document, $15.
27 (dd) Exceptions.
28 (1) The fee requirements of this Section shall not
29 apply to police departments or other law enforcement
30 agencies. In this Section, "law enforcement agency"
31 means an agency of the State or a unit of local
32 government which is vested by law or ordinance with the
33 duty to maintain public order and to enforce criminal
34 laws or ordinances. "Law enforcement agency" also means
-30- LRB093 08484 DRJ 08708 b
1 the Attorney General or any state's attorney.
2 (2) No fee provided herein shall be charged to any
3 unit of local government or school district.
4 (3) The fee requirements of this Section shall not
5 apply to any action instituted under subsection (b) of
6 Section 11-31-1 of the Illinois Municipal Code by a
7 private owner or tenant of real property within 1200 feet
8 of a dangerous or unsafe building seeking an order
9 compelling the owner or owners of the building to take
10 any of the actions authorized under that subsection.
11 (4) The fee requirements of this Section shall not
12 apply to the filing of any commitment petition or
13 petition for an order authorizing the administration of
14 authorized involuntary treatment in the form of
15 medication under the Mental Health and Developmental
16 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
21 term "special needs adoption" shall have the meaning
22 ascribed to it by the Illinois Department of Children and
23 Family 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
27 adoption proceeding.
28 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
29 92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)
30 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
31 Sec. 27.2. The fees of the clerks of the circuit court
32 in all counties having a population in excess of 500,000
33 inhabitants but less than 3,000,000 inhabitants in the
-31- LRB093 08484 DRJ 08708 b
1 instances described in this Section shall be as provided in
2 this Section. In those instances where a minimum and maximum
3 fee is stated, counties with more than 500,000 inhabitants
4 but less than 3,000,000 inhabitants must charge the minimum
5 fee listed in this Section and may charge up to the maximum
6 fee if the county board has by resolution increased the fee.
7 In addition, the minimum fees authorized in this Section
8 shall apply to all units of local government and school
9 districts in counties with more than 3,000,000 inhabitants.
10 The 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 $150 and a maximum of
15 $190.
16 (A) When the amount of money or damages or the
17 value of personal property claimed does not exceed
18 $250, a minimum of $10 and a maximum of $15.
19 (B) When that amount exceeds $250 but does not
20 exceed $1,000, a minimum of $20 and a maximum of
21 $40.
22 (C) When that amount exceeds $1,000 but does
23 not exceed $2500, a minimum of $30 and a maximum of
24 $50.
25 (D) When that amount exceeds $2500 but does
26 not exceed $5,000, a minimum of $75 and a maximum of
27 $100.
28 (D-5) When the amount exceeds $5,000 but does
29 not exceed $15,000, a minimum of $75 and a maximum
30 of $150.
31 (E) For the exercise of eminent domain, $150.
32 For each additional lot or tract of land or right or
33 interest therein subject to be condemned, the
34 damages in respect to which shall require separate
-32- LRB093 08484 DRJ 08708 b
1 assessment by a jury, $150.
2 (b) Forcible Entry and Detainer.
3 In each forcible entry and detainer case when the
4 plaintiff seeks possession only or unites with his or her
5 claim for possession of the property a claim for rent or
6 damages or both in the amount of $15,000 or less, a
7 minimum of $40 and a maximum of $75. When the plaintiff
8 unites his or her claim for possession with a claim for
9 rent or damages or both exceeding $15,000, a minimum of
10 $150 and a maximum of $225.
11 (c) Counterclaim or Joining Third Party Defendant.
12 When any defendant files a counterclaim as part of
13 his or her answer or otherwise or joins another party as
14 a third party defendant, or both, the defendant shall pay
15 a fee for each counterclaim or third party action in an
16 amount equal to the fee he or she would have had to pay
17 had he or she brought a separate action for the relief
18 sought in the counterclaim or against the third party
19 defendant, less the amount of the appearance fee, if that
20 has been paid.
21 (d) Confession of Judgment.
22 In a confession of judgment when the amount does not
23 exceed $1500, a minimum of $50 and a maximum of $60.
24 When the amount exceeds $1500, but does not exceed
25 $5,000, $75. When the amount exceeds $5,000, but does not
26 exceed $15,000, $175. When the amount exceeds $15,000, a
27 minimum of $200 and a maximum of $250.
28 (e) Appearance.
29 The fee for filing an appearance in each civil case
30 shall be a minimum of $50 and a maximum of $75, except as
31 follows:
32 (A) When the plaintiff in a forcible entry and
33 detainer case seeks possession only, a minimum of
34 $20 and a maximum of $40.
-33- LRB093 08484 DRJ 08708 b
1 (B) When the amount in the case does not
2 exceed $1500, a minimum of $20 and a maximum of $40.
3 (C) When the amount in the case exceeds $1500
4 but does not exceed $15,000, a minimum of $40 and a
5 maximum of $60.
6 (f) Garnishment, Wage Deduction, and Citation.
7 In garnishment affidavit, wage deduction affidavit,
8 and citation petition when the amount does not exceed
9 $1,000, a minimum of $10 and a maximum of $15; when the
10 amount exceeds $1,000 but does not exceed $5,000, a
11 minimum of $20 and a maximum of $30; and when the amount
12 exceeds $5,000, a minimum of $30 and a maximum of $50.
13 (g) Petition to Vacate or Modify.
14 (1) Petition to vacate or modify any final judgment
15 or order of court, except in forcible entry and detainer
16 cases and small claims cases or a petition to reopen an
17 estate, to modify, terminate, or enforce a judgment or
18 order for child or spousal support, or to modify,
19 suspend, or terminate an order for withholding, if filed
20 before 30 days after the entry of the judgment or order,
21 a minimum of $40 and a maximum of $50.
22 (2) Petition to vacate or modify any final judgment
23 or order of court, except a petition to modify,
24 terminate, or enforce a judgment or order for child or
25 spousal support or to modify, suspend, or terminate an
26 order for withholding, if filed later than 30 days after
27 the entry of the judgment or order, a minimum of $60 and
28 a maximum of $75.
29 (3) Petition to vacate order of bond forfeiture, a
30 minimum of $20 and a maximum of $40.
31 (h) Mailing.
32 When the clerk is required to mail, the fee will be
33 a minimum of $6 and a maximum of $10, plus the cost of
34 postage.
-34- LRB093 08484 DRJ 08708 b
1 (i) Certified Copies.
2 Each certified copy of a judgment after the first,
3 except in small claims and forcible entry and detainer
4 cases, a minimum of $10 and a maximum of $15.
5 (j) Habeas Corpus.
6 For filing a petition for relief by habeas corpus, a
7 minimum of $80 and a maximum of $125.
8 (k) Certification, Authentication, and Reproduction.
9 (1) Each certification or authentication for taking
10 the acknowledgment of a deed or other instrument in
11 writing with the seal of office, a minimum of $4 and a
12 maximum of $6.
13 (2) Court appeals when original documents are
14 forwarded, under 100 pages, plus delivery and costs, a
15 minimum of $50 and a maximum of $75.
16 (3) Court appeals when original documents are
17 forwarded, over 100 pages, plus delivery and costs, a
18 minimum of $120 and a maximum of $150.
19 (4) Court appeals when original documents are
20 forwarded, over 200 pages, an additional fee of a minimum
21 of 20 and a maximum of 25 cents per page.
22 (5) For reproduction of any document contained in
23 the clerk's files:
24 (A) First page, $2.
25 (B) Next 19 pages, 50 cents per page.
26 (C) All remaining pages, 25 cents per page.
27 (l) Remands.
28 In any cases remanded to the Circuit Court from the
29 Supreme Court or the Appellate Court for a new trial, the
30 clerk shall file the remanding order and reinstate the
31 case with either its original number or a new number. The
32 Clerk shall not charge any new or additional fee for the
33 reinstatement. Upon reinstatement the Clerk shall advise
34 the parties of the reinstatement. A party shall have the
-35- LRB093 08484 DRJ 08708 b
1 same right to a jury trial on remand and reinstatement as
2 he or she had before the appeal, and no additional or new
3 fee or charge shall be made for a jury trial after
4 remand.
5 (m) Record Search.
6 For each record search, within a division or
7 municipal district, the clerk shall be entitled to a
8 search fee of a minimum of $4 and a maximum of $6 for
9 each year searched.
10 (n) Hard Copy.
11 For each page of hard copy print output, when case
12 records are maintained on an automated medium, the clerk
13 shall be entitled to a fee of a minimum of $4 and a
14 maximum of $6.
15 (o) Index Inquiry and Other Records.
16 No fee shall be charged for a single
17 plaintiff/defendant index inquiry or single case record
18 inquiry when this request is made in person and the
19 records are maintained in a current automated medium, and
20 when no hard copy print output is requested. The fees to
21 be charged for management records, multiple case records,
22 and multiple journal records may be specified by the
23 Chief Judge pursuant to the guidelines for access and
24 dissemination of information approved by the Supreme
25 Court.
26 (p) (Blank).Commitment Petitions.
27 For filing commitment petitions under the Mental
28 Health and Developmental Disabilities Code, a minimum of
29 $25 and a maximum of $50.
30 (q) Alias Summons.
31 For each alias summons or citation issued by the
32 clerk, a minimum of $4 and a maximum of $5.
33 (r) Other Fees.
34 Any fees not covered in this Section shall be set by
-36- LRB093 08484 DRJ 08708 b
1 rule or administrative order of the Circuit Court with
2 the approval of the Administrative Office of the Illinois
3 Courts.
4 The clerk of the circuit court may provide
5 additional services for which there is no fee specified
6 by statute in connection with the operation of the
7 clerk's office as may be requested by the public and
8 agreed to by the clerk and approved by the chief judge of
9 the circuit court. Any charges for additional services
10 shall be as agreed to between the clerk and the party
11 making the request and approved by the chief judge of the
12 circuit court. Nothing in this subsection shall be
13 construed to require any clerk to provide any service not
14 otherwise required by law.
15 (s) Jury Services.
16 The clerk shall be entitled to receive, in addition
17 to other fees allowed by law, the sum of a minimum of
18 $192.50 and a maximum of $212.50, as a fee for the
19 services of a jury in every civil action not
20 quasi-criminal in its nature and not a proceeding for the
21 exercise of the right of eminent domain and in every
22 other action wherein the right of trial by jury is or may
23 be given by law. The jury fee shall be paid by the party
24 demanding a jury at the time of filing the jury demand.
25 If the fee is not paid by either party, no jury shall be
26 called in the action or proceeding, and the same shall be
27 tried by the court without a jury.
28 (t) Voluntary Assignment.
29 For filing each deed of voluntary assignment, a
30 minimum of $10 and a maximum of $20; for recording the
31 same, a minimum of 25¢ and a maximum of 50¢ for each 100
32 words. Exceptions filed to claims presented to an
33 assignee of a debtor who has made a voluntary assignment
34 for the benefit of creditors shall be considered and
-37- LRB093 08484 DRJ 08708 b
1 treated, for the purpose of taxing costs therein, as
2 actions in which the party or parties filing the
3 exceptions shall be considered as party or parties
4 plaintiff, and the claimant or claimants as party or
5 parties defendant, and those parties respectively shall
6 pay to the clerk the same fees as provided by this
7 Section to be paid in other actions.
8 (u) Expungement Petition.
9 The clerk shall be entitled to receive a fee of a
10 minimum of $30 and a maximum of $60 for each expungement
11 petition filed and an additional fee of a minimum of $2
12 and a maximum of $4 for each certified copy of an order
13 to expunge arrest records.
14 (v) Probate.
15 The clerk is entitled to receive the fees specified
16 in this subsection (v), which shall be paid in advance,
17 except that, for good cause shown, the court may suspend,
18 reduce, or release the costs payable under this
19 subsection:
20 (1) For administration of the estate of a decedent
21 (whether testate or intestate) or of a missing person, a
22 minimum of $100 and a maximum of $150, plus the fees
23 specified in subsection (v)(3), except:
24 (A) When the value of the real and personal
25 property does not exceed $15,000, the fee shall be a
26 minimum of $25 and a maximum of $40.
27 (B) When (i) proof of heirship alone is made,
28 (ii) a domestic or foreign will is admitted to
29 probate without administration (including proof of
30 heirship), or (iii) letters of office are issued for
31 a particular purpose without administration of the
32 estate, the fee shall be a minimum of $25 and a
33 maximum of $40.
34 (2) For administration of the estate of a ward, a
-38- LRB093 08484 DRJ 08708 b
1 minimum of $50 and a maximum of $75, plus the fees
2 specified in subsection (v)(3), except:
3 (A) When the value of the real and personal
4 property does not exceed $15,000, the fee shall be a
5 minimum of $25 and a maximum of $40.
6 (B) When (i) letters of office are issued to a
7 guardian of the person or persons, but not of the
8 estate or (ii) letters of office are issued in the
9 estate of a ward without administration of the
10 estate, including filing or joining in the filing of
11 a tax return or releasing a mortgage or consenting
12 to the marriage of the ward, the fee shall be a
13 minimum of $10 and a maximum of $20.
14 (3) In addition to the fees payable under
15 subsection (v)(1) or (v)(2) of this Section, the
16 following fees are payable:
17 (A) For each account (other than one final
18 account) filed in the estate of a decedent, or ward,
19 a minimum of $15 and a maximum of $25.
20 (B) For filing a claim in an estate when the
21 amount claimed is $150 or more but less than $500, a
22 minimum of $10 and a maximum of $20; when the amount
23 claimed is $500 or more but less than $10,000, a
24 minimum of $25 and a maximum of $40; when the amount
25 claimed is $10,000 or more, a minimum of $40 and a
26 maximum of $60; provided that the court in allowing
27 a claim may add to the amount allowed the filing fee
28 paid by the claimant.
29 (C) For filing in an estate a claim, petition,
30 or supplemental proceeding based upon an action
31 seeking equitable relief including the construction
32 or contest of a will, enforcement of a contract to
33 make a will, and proceedings involving testamentary
34 trusts or the appointment of testamentary trustees,
-39- LRB093 08484 DRJ 08708 b
1 a minimum of $40 and a maximum of $60.
2 (D) For filing in an estate (i) the appearance
3 of any person for the purpose of consent or (ii) the
4 appearance of an executor, administrator,
5 administrator to collect, guardian, guardian ad
6 litem, or special administrator, no fee.
7 (E) Except as provided in subsection
8 (v)(3)(D), for filing the appearance of any person
9 or persons, a minimum of $10 and a maximum of $30.
10 (F) For each jury demand, a minimum of $102.50
11 and a maximum of $137.50.
12 (G) For disposition of the collection of a
13 judgment or settlement of an action or claim for
14 wrongful death of a decedent or of any cause of
15 action of a ward, when there is no other
16 administration of the estate, a minimum of $30 and a
17 maximum of $50, less any amount paid under
18 subsection (v)(1)(B) or (v)(2)(B) except that if the
19 amount involved does not exceed $5,000, the fee,
20 including any amount paid under subsection (v)(1)(B)
21 or (v)(2)(B), shall be a minimum of $10 and a
22 maximum of $20.
23 (H) For each certified copy of letters of
24 office, of court order or other certification, a
25 minimum of $1 and a maximum of $2, plus a minimum of
26 50¢ and a maximum of $1 per page in excess of 3
27 pages for the document certified.
28 (I) For each exemplification, a minimum of $1
29 and a maximum of $2, plus the fee for certification.
30 (4) The executor, administrator, guardian,
31 petitioner, or other interested person or his or her
32 attorney shall pay the cost of publication by the clerk
33 directly to the newspaper.
34 (5) The person on whose behalf a charge is incurred
-40- LRB093 08484 DRJ 08708 b
1 for witness, court reporter, appraiser, or other
2 miscellaneous fee shall pay the same directly to the
3 person entitled thereto.
4 (6) The executor, administrator, guardian,
5 petitioner, or other interested person or his attorney
6 shall pay to the clerk all postage charges incurred by
7 the clerk in mailing petitions, orders, notices, or other
8 documents pursuant to the provisions of the Probate Act
9 of 1975.
10 (w) Criminal and Quasi-Criminal Costs and Fees.
11 (1) The clerk shall be entitled to costs in all
12 criminal and quasi-criminal cases from each person
13 convicted or sentenced to supervision therein as follows:
14 (A) Felony complaints, a minimum of $80 and a
15 maximum of $125.
16 (B) Misdemeanor complaints, a minimum of $50
17 and a maximum of $75.
18 (C) Business offense complaints, a minimum of
19 $50 and a maximum of $75.
20 (D) Petty offense complaints, a minimum of $50
21 and a maximum of $75.
22 (E) Minor traffic or ordinance violations,
23 $20.
24 (F) When court appearance required, $30.
25 (G) Motions to vacate or amend final orders, a
26 minimum of $20 and a maximum of $40.
27 (H) Motions to vacate bond forfeiture orders,
28 a minimum of $20 and a maximum of $30.
29 (I) Motions to vacate ex parte judgments,
30 whenever filed, a minimum of $20 and a maximum of
31 $30.
32 (J) Motions to vacate judgment on forfeitures,
33 whenever filed, a minimum of $20 and a maximum of
34 $25.
-41- LRB093 08484 DRJ 08708 b
1 (K) Motions to vacate "failure to appear" or
2 "failure to comply" notices sent to the Secretary of
3 State, a minimum of $20 and a maximum of $40.
4 (2) In counties having a population of more than
5 500,000 but fewer than 3,000,000 inhabitants, when the
6 violation complaint is issued by a municipal police
7 department, the clerk shall be entitled to costs from
8 each person convicted therein as follows:
9 (A) Minor traffic or ordinance violations,
10 $10.
11 (B) When court appearance required, $15.
12 (3) In ordinance violation cases punishable by fine
13 only, the clerk of the circuit court shall be entitled to
14 receive, unless the fee is excused upon a finding by the
15 court that the defendant is indigent, in addition to
16 other fees or costs allowed or imposed by law, the sum of
17 a minimum of $50 and a maximum of $112.50 as a fee for
18 the services of a jury. The jury fee shall be paid by
19 the defendant at the time of filing his or her jury
20 demand. If the fee is not so paid by the defendant, no
21 jury shall be called, and the case shall be tried by the
22 court without a jury.
23 (x) Transcripts of Judgment.
24 For the filing of a transcript of judgment, the
25 clerk shall be entitled to the same fee as if it were the
26 commencement of new suit.
27 (y) Change of Venue.
28 (1) For the filing of a change of case on a change
29 of venue, the clerk shall be entitled to the same fee as
30 if it were the commencement of a new suit.
31 (2) The fee for the preparation and certification
32 of a record on a change of venue to another jurisdiction,
33 when original documents are forwarded, a minimum of $25
34 and a maximum of $40.
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1 (z) Tax objection complaints.
2 For each tax objection complaint containing one or
3 more tax objections, regardless of the number of parcels
4 involved or the number of taxpayers joining in the
5 complaint, a minimum of $25 and a maximum of $50.
6 (aa) Tax Deeds.
7 (1) Petition for tax deed, if only one parcel is
8 involved, a minimum of $150 and a maximum of $250.
9 (2) For each additional parcel, add a fee of a
10 minimum of $50 and a maximum of $100.
11 (bb) Collections.
12 (1) For all collections made of others, except the
13 State and county and except in maintenance or child
14 support cases, a sum equal to a minimum of 2.5% and a
15 maximum of 3.0% of the amount collected and turned over.
16 (2) Interest earned on any funds held by the clerk
17 shall be turned over to the county general fund as an
18 earning of the office.
19 (3) For any check, draft, or other bank instrument
20 returned to the clerk for non-sufficient funds, account
21 closed, or payment stopped, $25.
22 (4) In child support and maintenance cases, the
23 clerk, if authorized by an ordinance of the county board,
24 may collect an annual fee of up to $36 from the person
25 making payment for maintaining child support records and
26 the processing of support orders to the State of Illinois
27 KIDS system and the recording of payments issued by the
28 State Disbursement Unit for the official record of the
29 Court. This fee shall be in addition to and separate from
30 amounts ordered to be paid as maintenance or child
31 support and shall be deposited into a Separate
32 Maintenance and Child Support Collection Fund, of which
33 the clerk shall be the custodian, ex-officio, to be used
34 by the clerk to maintain child support orders and record
-43- LRB093 08484 DRJ 08708 b
1 all payments issued by the State Disbursement Unit for
2 the official record of the Court. The clerk may recover
3 from the person making the maintenance or child support
4 payment any additional cost incurred in the collection of
5 this annual fee.
6 The clerk shall also be entitled to a fee of $5 for
7 certifications made to the Secretary of State as provided
8 in Section 7-703 of the Family Financial Responsibility
9 Law and these fees shall also be deposited into the
10 Separate Maintenance and Child Support Collection Fund.
11 (cc) Corrections of Numbers.
12 For correction of the case number, case title, or
13 attorney computer identification number, if required by
14 rule of court, on any document filed in the clerk's
15 office, to be charged against the party that filed the
16 document, a minimum of $15 and a maximum of $25.
17 (dd) Exceptions.
18 The fee requirements of this Section shall not apply
19 to police departments or other law enforcement agencies.
20 In this Section, "law enforcement agency" means an agency
21 of the State or a unit of local government which is
22 vested by law or ordinance with the duty to maintain
23 public order and to enforce criminal laws or ordinances.
24 "Law enforcement agency" also means the Attorney General
25 or any state's attorney. The fee requirements of this
26 Section shall not apply to any action instituted under
27 subsection (b) of Section 11-31-1 of the Illinois
28 Municipal Code by a private owner or tenant of real
29 property within 1200 feet of a dangerous or unsafe
30 building seeking an order compelling the owner or owners
31 of the building to take any of the actions authorized
32 under that subsection.
33 The fee requirements of this Section shall not apply
34 to the filing of any commitment petition or petition for
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1 an order authorizing the administration of authorized
2 involuntary treatment in the form of medication under the
3 Mental Health and Developmental Disabilities Code.
4 (ee) Adoptions.
5 (1) For an adoption.............................$65
6 (2) Upon good cause shown, the court may waive the
7 adoption filing fee in a special needs adoption. The
8 term "special needs adoption" shall have the meaning
9 ascribed to it by the Illinois Department of Children and
10 Family Services.
11 (ff) Adoption exemptions.
12 No fee other than that set forth in subsection (ee)
13 shall be charged to any person in connection with an
14 adoption proceeding.
15 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
16 92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)
17 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
18 Sec. 27.2a. The fees of the clerks of the circuit court
19 in all counties having a population of 3,000,000 or more
20 inhabitants in the instances described in this Section shall
21 be as provided in this Section. In those instances where a
22 minimum and maximum fee is stated, the clerk of the circuit
23 court must charge the minimum fee listed and may charge up to
24 the maximum fee if the county board has by resolution
25 increased the fee. The fees shall be paid in advance and
26 shall be as follows:
27 (a) Civil Cases.
28 The fee for filing a complaint, petition, or other
29 pleading initiating a civil action, with the following
30 exceptions, shall be a minimum of $190 and a maximum of
31 $240.
32 (A) When the amount of money or damages or the
33 value of personal property claimed does not exceed
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1 $250, a minimum of $15 and a maximum of $22.
2 (B) When that amount exceeds $250 but does not
3 exceed $1000, a minimum of $40 and a maximum of $75.
4 (C) When that amount exceeds $1000 but does
5 not exceed $2500, a minimum of $50 and a maximum of
6 $80.
7 (D) When that amount exceeds $2500 but does
8 not exceed $5000, a minimum of $100 and a maximum of
9 $130.
10 (E) When that amount exceeds $5000 but does
11 not exceed $15,000, $150.
12 (F) For the exercise of eminent domain, $150.
13 For each additional lot or tract of land or right or
14 interest therein subject to be condemned, the
15 damages in respect to which shall require separate
16 assessment by a jury, $150.
17 (G) For the final determination of parking,
18 standing, and compliance violations and final
19 administrative decisions issued after hearings
20 regarding vehicle immobilization and impoundment
21 made pursuant to Sections 3-704.1, 6-306.5, and
22 11-208.3 of the Illinois Vehicle Code, $25.
23 (b) Forcible Entry and Detainer.
24 In each forcible entry and detainer case when the
25 plaintiff seeks possession only or unites with his or her
26 claim for possession of the property a claim for rent or
27 damages or both in the amount of $15,000 or less, a
28 minimum of $75 and a maximum of $140. When the plaintiff
29 unites his or her claim for possession with a claim for
30 rent or damages or both exceeding $15,000, a minimum of
31 $225 and a maximum of $335.
32 (c) Counterclaim or Joining Third Party Defendant.
33 When any defendant files a counterclaim as part of
34 his or her answer or otherwise or joins another party as
-46- LRB093 08484 DRJ 08708 b
1 a third party defendant, or both, the defendant shall pay
2 a fee for each counterclaim or third party action in an
3 amount equal to the fee he or she would have had to pay
4 had he or she brought a separate action for the relief
5 sought in the counterclaim or against the third party
6 defendant, less the amount of the appearance fee, if that
7 has been paid.
8 (d) Confession of Judgment.
9 In a confession of judgment when the amount does not
10 exceed $1500, a minimum of $60 and a maximum of $70.
11 When the amount exceeds $1500, but does not exceed $5000,
12 a minimum of $75 and a maximum of $150. When the amount
13 exceeds $5000, but does not exceed $15,000, a minimum of
14 $175 and a maximum of $260. When the amount exceeds
15 $15,000, a minimum of $250 and a maximum of $310.
16 (e) Appearance.
17 The fee for filing an appearance in each civil case
18 shall be a minimum of $75 and a maximum of $110, except
19 as follows:
20 (A) When the plaintiff in a forcible entry and
21 detainer case seeks possession only, a minimum of
22 $40 and a maximum of $80.
23 (B) When the amount in the case does not
24 exceed $1500, a minimum of $40 and a maximum of $80.
25 (C) When that amount exceeds $1500 but does
26 not exceed $15,000, a minimum of $60 and a maximum
27 of $90.
28 (f) Garnishment, Wage Deduction, and Citation.
29 In garnishment affidavit, wage deduction affidavit,
30 and citation petition when the amount does not exceed
31 $1,000, a minimum of $15 and a maximum of $25; when the
32 amount exceeds $1,000 but does not exceed $5,000, a
33 minimum of $30 and a maximum of $45; and when the amount
34 exceeds $5,000, a minimum of $50 and a maximum of $80.
-47- LRB093 08484 DRJ 08708 b
1 (g) Petition to Vacate or Modify.
2 (1) Petition to vacate or modify any final judgment
3 or order of court, except in forcible entry and detainer
4 cases and small claims cases or a petition to reopen an
5 estate, to modify, terminate, or enforce a judgment or
6 order for child or spousal support, or to modify,
7 suspend, or terminate an order for withholding, if filed
8 before 30 days after the entry of the judgment or order,
9 a minimum of $50 and a maximum of $60.
10 (2) Petition to vacate or modify any final judgment
11 or order of court, except a petition to modify,
12 terminate, or enforce a judgment or order for child or
13 spousal support or to modify, suspend, or terminate an
14 order for withholding, if filed later than 30 days after
15 the entry of the judgment or order, a minimum of $75 and
16 a maximum of $90.
17 (3) Petition to vacate order of bond forfeiture, a
18 minimum of $40 and a maximum of $80.
19 (h) Mailing.
20 When the clerk is required to mail, the fee will be
21 a minimum of $10 and a maximum of $15, plus the cost of
22 postage.
23 (i) Certified Copies.
24 Each certified copy of a judgment after the first,
25 except in small claims and forcible entry and detainer
26 cases, a minimum of $15 and a maximum of $20.
27 (j) Habeas Corpus.
28 For filing a petition for relief by habeas corpus, a
29 minimum of $125 and a maximum of $190.
30 (k) Certification, Authentication, and Reproduction.
31 (1) Each certification or authentication for taking
32 the acknowledgment of a deed or other instrument in
33 writing with the seal of office, a minimum of $6 and a
34 maximum of $9.
-48- LRB093 08484 DRJ 08708 b
1 (2) Court appeals when original documents are
2 forwarded, under 100 pages, plus delivery and costs, a
3 minimum of $75 and a maximum of $110.
4 (3) Court appeals when original documents are
5 forwarded, over 100 pages, plus delivery and costs, a
6 minimum of $150 and a maximum of $185.
7 (4) Court appeals when original documents are
8 forwarded, over 200 pages, an additional fee of a minimum
9 of 25 and a maximum of 30 cents per page.
10 (5) For reproduction of any document contained in
11 the clerk's files:
12 (A) First page, $2.
13 (B) Next 19 pages, 50 cents per page.
14 (C) All remaining pages, 25 cents per page.
15 (l) Remands.
16 In any cases remanded to the Circuit Court from the
17 Supreme Court or the Appellate Court for a new trial, the
18 clerk shall file the remanding order and reinstate the
19 case with either its original number or a new number.
20 The Clerk shall not charge any new or additional fee for
21 the reinstatement. Upon reinstatement the Clerk shall
22 advise the parties of the reinstatement. A party shall
23 have the same right to a jury trial on remand and
24 reinstatement as he or she had before the appeal, and no
25 additional or new fee or charge shall be made for a jury
26 trial after remand.
27 (m) Record Search.
28 For each record search, within a division or
29 municipal district, the clerk shall be entitled to a
30 search fee of a minimum of $6 and a maximum of $9 for
31 each year searched.
32 (n) Hard Copy.
33 For each page of hard copy print output, when case
34 records are maintained on an automated medium, the clerk
-49- LRB093 08484 DRJ 08708 b
1 shall be entitled to a fee of a minimum of $6 and a
2 maximum of $9.
3 (o) Index Inquiry and Other Records.
4 No fee shall be charged for a single
5 plaintiff/defendant index inquiry or single case record
6 inquiry when this request is made in person and the
7 records are maintained in a current automated medium, and
8 when no hard copy print output is requested. The fees to
9 be charged for management records, multiple case records,
10 and multiple journal records may be specified by the
11 Chief Judge pursuant to the guidelines for access and
12 dissemination of information approved by the Supreme
13 Court.
14 (p) (Blank).Commitment Petitions.
15 For filing commitment petitions under the Mental
16 Health and Developmental Disabilities Code, a minimum of
17 $50 and a maximum of $100.
18 (q) Alias Summons.
19 For each alias summons or citation issued by the
20 clerk, a minimum of $5 and a maximum of $6.
21 (r) Other Fees.
22 Any fees not covered in this Section shall be set by
23 rule or administrative order of the Circuit Court with
24 the approval of the Administrative Office of the Illinois
25 Courts.
26 The clerk of the circuit court may provide
27 additional services for which there is no fee specified
28 by statute in connection with the operation of the
29 clerk's office as may be requested by the public and
30 agreed to by the clerk and approved by the chief judge of
31 the circuit court. Any charges for additional services
32 shall be as agreed to between the clerk and the party
33 making the request and approved by the chief judge of the
34 circuit court. Nothing in this subsection shall be
-50- LRB093 08484 DRJ 08708 b
1 construed to require any clerk to provide any service not
2 otherwise required by law.
3 (s) Jury Services.
4 The clerk shall be entitled to receive, in addition
5 to other fees allowed by law, the sum of a minimum of
6 $212.50 and maximum of $230, as a fee for the services of
7 a jury in every civil action not quasi-criminal in its
8 nature and not a proceeding for the exercise of the right
9 of eminent domain and in every other action wherein the
10 right of trial by jury is or may be given by law. The
11 jury fee shall be paid by the party demanding a jury at
12 the time of filing the jury demand. If the fee is not
13 paid by either party, no jury shall be called in the
14 action or proceeding, and the same shall be tried by the
15 court without a jury.
16 (t) Voluntary Assignment.
17 For filing each deed of voluntary assignment, a
18 minimum of $20 and a maximum of $40; for recording the
19 same, a minimum of 50¢ and a maximum of $0.80 for each
20 100 words. Exceptions filed to claims presented to an
21 assignee of a debtor who has made a voluntary assignment
22 for the benefit of creditors shall be considered and
23 treated, for the purpose of taxing costs therein, as
24 actions in which the party or parties filing the
25 exceptions shall be considered as party or parties
26 plaintiff, and the claimant or claimants as party or
27 parties defendant, and those parties respectively shall
28 pay to the clerk the same fees as provided by this
29 Section to be paid in other actions.
30 (u) Expungement Petition.
31 The clerk shall be entitled to receive a fee of a
32 minimum of $60 and a maximum of $120 for each expungement
33 petition filed and an additional fee of a minimum of $4
34 and a maximum of $8 for each certified copy of an order
-51- LRB093 08484 DRJ 08708 b
1 to expunge arrest records.
2 (v) Probate.
3 The clerk is entitled to receive the fees specified
4 in this subsection (v), which shall be paid in advance,
5 except that, for good cause shown, the court may suspend,
6 reduce, or release the costs payable under this
7 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 $150 and a maximum of $225, plus the fees
11 specified in subsection (v)(3), except:
12 (A) When the value of the real and personal
13 property does not exceed $15,000, the fee shall be a
14 minimum of $40 and a maximum of $65.
15 (B) When (i) proof of heirship alone is made,
16 (ii) a domestic or foreign will is admitted to
17 probate without administration (including proof of
18 heirship), or (iii) letters of office are issued for
19 a particular purpose without administration of the
20 estate, the fee shall be a minimum of $40 and a
21 maximum of $65.
22 (2) For administration of the estate of a ward, a
23 minimum of $75 and a maximum of $110, 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
27 minimum of $40 and a maximum of $65.
28 (B) When (i) letters of office are issued to a
29 guardian of the person or persons, but not of the
30 estate or (ii) letters of office are issued in the
31 estate of a ward without administration of the
32 estate, including filing or joining in the filing of
33 a tax return or releasing a mortgage or consenting
34 to the marriage of the ward, the fee shall be a
-52- LRB093 08484 DRJ 08708 b
1 minimum of $20 and a maximum of $40.
2 (3) In addition to the fees payable under
3 subsection (v)(1) or (v)(2) of this Section, the
4 following fees are payable:
5 (A) For each account (other than one final
6 account) filed in the estate of a decedent, or ward,
7 a minimum of $25 and a maximum of $40.
8 (B) For filing a claim in an estate when the
9 amount claimed is $150 or more but less than $500, a
10 minimum of $20 and a maximum of $40; when the amount
11 claimed is $500 or more but less than $10,000, a
12 minimum of $40 and a maximum of $65; when the amount
13 claimed is $10,000 or more, a minimum of $60 and a
14 maximum of $90; provided that the court in allowing
15 a claim may add to the amount allowed the filing fee
16 paid by the claimant.
17 (C) For filing in an estate a claim, petition,
18 or supplemental proceeding based upon an action
19 seeking equitable relief including the construction
20 or contest of a will, enforcement of a contract to
21 make a will, and proceedings involving testamentary
22 trusts or the appointment of testamentary trustees,
23 a minimum of $60 and a maximum of $90.
24 (D) For filing in an estate (i) the appearance
25 of any person for the purpose of consent or (ii) the
26 appearance of an executor, administrator,
27 administrator to collect, guardian, guardian ad
28 litem, or special administrator, no fee.
29 (E) Except as provided in subsection
30 (v)(3)(D), for filing the appearance of any person
31 or persons, a minimum of $30 and a maximum of $90.
32 (F) For each jury demand, a minimum of $137.50
33 and a maximum of $180.
34 (G) For disposition of the collection of a
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1 judgment or settlement of an action or claim for
2 wrongful death of a decedent or of any cause of
3 action of a ward, when there is no other
4 administration of the estate, a minimum of $50 and a
5 maximum of $80, less any amount paid under
6 subsection (v)(1)(B) or (v)(2)(B) except that if the
7 amount involved does not exceed $5,000, the fee,
8 including any amount paid under subsection (v)(1)(B)
9 or (v)(2)(B), shall be a minimum of $20 and a
10 maximum of $40.
11 (H) For each certified copy of letters of
12 office, of court order or other certification, a
13 minimum of $2 and a maximum of $4, plus $1 per page
14 in excess of 3 pages for the document certified.
15 (I) For each exemplification, $2, plus the fee
16 for certification.
17 (4) The executor, administrator, guardian,
18 petitioner, or other interested person or his or her
19 attorney shall pay the cost of publication by the clerk
20 directly to the newspaper.
21 (5) The person on whose behalf a charge is incurred
22 for witness, court reporter, appraiser, or other
23 miscellaneous fee shall pay the same directly to the
24 person entitled thereto.
25 (6) The executor, administrator, guardian,
26 petitioner, or other interested person or his or her
27 attorney shall pay to the clerk all postage charges
28 incurred by the clerk in mailing petitions, orders,
29 notices, or other documents pursuant to the provisions of
30 the Probate Act of 1975.
31 (w) Criminal and Quasi-Criminal Costs and Fees.
32 (1) The clerk shall be entitled to costs in all
33 criminal and quasi-criminal cases from each person
34 convicted or sentenced to supervision therein as follows:
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1 (A) Felony complaints, a minimum of $125 and a
2 maximum of $190.
3 (B) Misdemeanor complaints, a minimum of $75
4 and a maximum of $110.
5 (C) Business offense complaints, a minimum of
6 $75 and a maximum of $110.
7 (D) Petty offense complaints, a minimum of $75
8 and a maximum of $110.
9 (E) Minor traffic or ordinance violations,
10 $30.
11 (F) When court appearance required, $50.
12 (G) Motions to vacate or amend final orders, a
13 minimum of $40 and a maximum of $80.
14 (H) Motions to vacate bond forfeiture orders,
15 a minimum of $30 and a maximum of $45.
16 (I) Motions to vacate ex parte judgments,
17 whenever filed, a minimum of $30 and a maximum of
18 $45.
19 (J) Motions to vacate judgment on forfeitures,
20 whenever filed, a minimum of $25 and a maximum of
21 $30.
22 (K) Motions to vacate "failure to appear" or
23 "failure to comply" notices sent to the Secretary of
24 State, a minimum of $40 and a maximum of $50.
25 (2) In counties having a population of 3,000,000 or
26 more, when the violation complaint is issued by a
27 municipal police department, the clerk shall be entitled
28 to costs from each person convicted therein as follows:
29 (A) Minor traffic or ordinance violations,
30 $30.
31 (B) When court appearance required, $50.
32 (3) In ordinance violation cases punishable by fine
33 only, the clerk of the circuit court shall be entitled to
34 receive, unless the fee is excused upon a finding by the
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1 court that the defendant is indigent, in addition to
2 other fees or costs allowed or imposed by law, the sum of
3 a minimum of $112.50 and a maximum of $250 as a fee for
4 the services of a jury. The jury fee shall be paid by
5 the defendant at the time of filing his or her jury
6 demand. If the fee is not so paid by the defendant, no
7 jury shall be called, and the case shall be tried by the
8 court without a jury.
9 (x) Transcripts of Judgment.
10 For the filing of a transcript of judgment, the
11 clerk shall be entitled to the same fee as if it were the
12 commencement of a new suit.
13 (y) Change of Venue.
14 (1) For the filing of a change of case on a change
15 of venue, the clerk shall be entitled to the same fee as
16 if it were the commencement of a new suit.
17 (2) The fee for the preparation and certification
18 of a record on a change of venue to another jurisdiction,
19 when original documents are forwarded, a minimum of $40
20 and a maximum of $65.
21 (z) Tax objection complaints.
22 For each tax objection complaint containing one or
23 more tax objections, regardless of the number of parcels
24 involved or the number of taxpayers joining in the
25 complaint, a minimum of $50 and a maximum of $100.
26 (aa) Tax Deeds.
27 (1) Petition for tax deed, if only one parcel is
28 involved, a minimum of $250 and a maximum of $400.
29 (2) For each additional parcel, add a fee of a
30 minimum of $100 and a maximum of $200.
31 (bb) Collections.
32 (1) For all collections made of others, except the
33 State and county and except in maintenance or child
34 support cases, a sum equal to 3.0% of the amount
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1 collected and turned over.
2 (2) Interest earned on any funds held by the clerk
3 shall be turned over to the county general fund as an
4 earning of the office.
5 (3) For any check, draft, or other bank instrument
6 returned to the clerk for non-sufficient funds, account
7 closed, or payment stopped, $25.
8 (4) In child support and maintenance cases, the
9 clerk, if authorized by an ordinance of the county board,
10 may collect an annual fee of up to $36 from the person
11 making payment for maintaining child support records and
12 the processing of support orders to the State of Illinois
13 KIDS system and the recording of payments issued by the
14 State Disbursement Unit for the official record of the
15 Court. This fee shall be in addition to and separate
16 from amounts ordered to be paid as maintenance or child
17 support and shall be deposited into a Separate
18 Maintenance and Child Support Collection Fund, of which
19 the clerk shall be the custodian, ex-officio, to be used
20 by the clerk to maintain child support orders and record
21 all payments issued by the State Disbursement Unit for
22 the official record of the Court. The clerk may recover
23 from the person making the maintenance or child support
24 payment any additional cost incurred in the collection of
25 this annual fee.
26 The clerk shall also be entitled to a fee of $5 for
27 certifications made to the Secretary of State as provided
28 in Section 7-703 of the Family Financial Responsibility
29 Law and these fees shall also be deposited into the
30 Separate Maintenance and Child Support Collection Fund.
31 (cc) Corrections of Numbers.
32 For correction of the case number, case title, or
33 attorney computer identification number, if required by
34 rule of court, on any document filed in the clerk's
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1 office, to be charged against the party that filed the
2 document, a minimum of $25 and a maximum of $40.
3 (dd) Exceptions.
4 (1) The fee requirements of this Section shall not
5 apply to police departments or other law enforcement
6 agencies. In this Section, "law enforcement agency"
7 means an agency of the State or a unit of local
8 government which is vested by law or ordinance with the
9 duty to maintain public order and to enforce criminal
10 laws or ordinances. "Law enforcement agency" also means
11 the Attorney General or any state's attorney.
12 (2) No fee provided herein shall be charged to any
13 unit of local government or school district. The fee
14 requirements of this Section shall not apply to any
15 action instituted under subsection (b) of Section 11-31-1
16 of the Illinois Municipal Code by a private owner or
17 tenant of real property within 1200 feet of a dangerous
18 or unsafe building seeking an order compelling the owner
19 or owners of the building to take any of the actions
20 authorized under that subsection.
21 (3) The fee requirements of this Section shall not
22 apply to the filing of any commitment petition or
23 petition for an order authorizing the administration of
24 authorized involuntary treatment in the form of
25 medication under the Mental Health and Developmental
26 Disabilities Code.
27 (ee) Adoption.
28 (1) For an adoption.............................$65
29 (2) Upon good cause shown, the court may waive the
30 adoption filing fee in a special needs adoption. The
31 term "special needs adoption" shall have the meaning
32 ascribed to it by the Illinois Department of Children and
33 Family Services.
34 (ff) Adoption exemptions.
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1 No fee other than that set forth in subsection (ee)
2 shall be charged to any person in connection with an
3 adoption proceeding.
4 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
5 91-821, eff. 6-13-00; 92-521, eff. 6-1-02.)
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