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Full Text of HB0216  97th General Assembly

HB0216 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0216

 

Introduced 01/21/11, by Rep. Timothy L. Schmitz

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 105/27.1a  from Ch. 25, par. 27.1a
705 ILCS 105/27.2  from Ch. 25, par. 27.2
705 ILCS 105/27.2a  from Ch. 25, par. 27.2a

    Amends the Clerks of Courts Act. Provides that the clerk of the circuit clerk, if authorized by an ordinance of the county board, may collect a fee of up to $10 for court interpreter services, in addition to other fees or costs allowed or imposed by law, in all criminal and quasi-criminal cases from each person convicted or sentenced to supervision in a case arising from a felony, misdemeanor, business offense, or petty offense complaint or arising from a minor traffic or ordinance violation. Provides that the fee shall be deposited into a separate Court Interpreter Services Fund, of which the chief judge shall be the custodian, to be used to maintain court interpreter services. If this fee is collected, 10% shall be deposited into the Circuit Court Clerk Operation and Administrative Fund. Effective June 1, 2011.


LRB097 02984 AJO 43011 b

 

 

A BILL FOR

 

HB0216LRB097 02984 AJO 43011 b

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

 

 

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1        exceed $500, a minimum of $10 and a maximum of $20.
2            (C) When that amount exceeds $500 but does not
3        exceed $2500, a minimum of $25 and a maximum of $40.
4            (D) When that amount exceeds $2500 but does not
5        exceed $15,000, a minimum of $25 and a maximum of $75.
6            (E) For the exercise of eminent domain, a minimum
7        of $45 and a maximum of $150. For each additional lot
8        or tract of land or right or interest therein subject
9        to be condemned, the damages in respect to which shall
10        require separate assessment by a jury, a minimum of $45
11        and a maximum of $150.
12(a-1) Family.
13        For filing a petition under the Juvenile Court Act of
14    1987, $25.
15        For filing a petition for a marriage license, $10.
16        For performing a marriage in court, $10.
17        For filing a petition under the Illinois Parentage Act
18    of 1984, $40.
19(b) Forcible Entry and Detainer.
20        In each forcible entry and detainer case when the
21    plaintiff seeks possession only or unites with his or her
22    claim for possession of the property a claim for rent or
23    damages or both in the amount of $15,000 or less, a minimum
24    of $10 and a maximum of $50. When the plaintiff unites his
25    or her claim for possession with a claim for rent or
26    damages or both exceeding $15,000, a minimum of $40 and a

 

 

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1    maximum of $160.
2(c) Counterclaim or Joining Third Party Defendant.
3        When any defendant files a counterclaim as part of his
4    or her answer or otherwise or joins another party as a
5    third party defendant, or both, the defendant shall pay a
6    fee for each counterclaim or third party action in an
7    amount equal to the fee he or she would have had to pay had
8    he or she brought a separate action for the relief sought
9    in the counterclaim or against the third party defendant,
10    less the amount of the appearance fee, if that has been
11    paid.
12(d) Confession of Judgment.
13        In a confession of judgment when the amount does not
14    exceed $1500, a minimum of $20 and a maximum of $50. When
15    the amount exceeds $1500, but does not exceed $15,000, a
16    minimum of $40 and a maximum of $115. When the amount
17    exceeds $15,000, a minimum of $40 and a maximum of $200.
18(e) Appearance.
19        The fee for filing an appearance in each civil case
20    shall be a minimum of $15 and a maximum of $60, except as
21    follows:
22            (A) When the plaintiff in a forcible entry and
23        detainer case seeks possession only, a minimum of $10
24        and a maximum of $50.
25            (B) When the amount in the case does not exceed
26        $1500, a minimum of $10 and a maximum of $30.

 

 

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1            (C) When that amount exceeds $1500 but does not
2        exceed $15,000, a minimum of $15 and a maximum of $60.
3(f) Garnishment, Wage Deduction, and Citation.
4        In garnishment affidavit, wage deduction affidavit,
5    and citation petition when the amount does not exceed
6    $1,000, a minimum of $5 and a maximum of $15; when the
7    amount exceeds $1,000 but does not exceed $5,000, a minimum
8    of $5 and a maximum of $30; and when the amount exceeds
9    $5,000, a minimum of $5 and a maximum of $50.
10(g) Petition to Vacate or Modify.
11        (1) Petition to vacate or modify any final judgment or
12    order of court, except in forcible entry and detainer cases
13    and small claims cases or a petition to reopen an estate,
14    to modify, terminate, or enforce a judgment or order for
15    child or spousal support, or to modify, suspend, or
16    terminate an order for withholding, if filed before 30 days
17    after the entry of the judgment or order, a minimum of $20
18    and a maximum of $50.
19        (2) Petition to vacate or modify any final judgment or
20    order of court, except a petition to modify, terminate, or
21    enforce a judgment or order for child or spousal support or
22    to modify, suspend, or terminate an order for withholding,
23    if filed later than 30 days after the entry of the judgment
24    or order, a minimum of $20 and a maximum of $75.
25        (3) Petition to vacate order of bond forfeiture, a
26    minimum of $10 and a maximum of $40.

 

 

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1(h) Mailing.
2        When the clerk is required to mail, the fee will be a
3    minimum of $2 and a maximum of $10, plus the cost of
4    postage.
5(i) Certified Copies.
6        Each certified copy of a judgment after the first,
7    except in small claims and forcible entry and detainer
8    cases, a minimum of $2 and a maximum of $10.
9(j) Habeas Corpus.
10        For filing a petition for relief by habeas corpus, a
11    minimum of $60 and a maximum of $100.
12(k) Certification, Authentication, and Reproduction.
13        (1) Each certification or authentication for taking
14    the acknowledgment of a deed or other instrument in writing
15    with the seal of office, a minimum of $2 and a maximum of
16    $6.
17        (2) Court appeals when original documents are
18    forwarded, under 100 pages, plus delivery and costs, a
19    minimum of $20 and a maximum of $60.
20        (3) Court appeals when original documents are
21    forwarded, over 100 pages, plus delivery and costs, a
22    minimum of $50 and a maximum of $150.
23        (4) Court appeals when original documents are
24    forwarded, over 200 pages, an additional fee of a minimum
25    of 20 cents and a maximum of 25 cents per page.
26        (5) For reproduction of any document contained in the

 

 

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

 

 

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

 

 

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1    approved by the chief judge of the circuit court. Nothing
2    in this subsection shall be construed to require any clerk
3    to provide any service not otherwise required by law.
4(s) Jury Services.
5        The clerk shall be entitled to receive, in addition to
6    other fees allowed by law, the sum of a minimum of $62.50
7    and a maximum of $212.50, as a fee for the services of a
8    jury in every civil action not quasi-criminal in its nature
9    and not a proceeding for the exercise of the right of
10    eminent domain and in every other action wherein the right
11    of trial by jury is or may be given by law. The jury fee
12    shall be paid by the party demanding a jury at the time of
13    filing the jury demand. If the fee is not paid by either
14    party, no jury shall be called in the action or proceeding,
15    and the same shall be tried by the court without a jury.
16(t) Voluntary Assignment.
17        For filing each deed of voluntary assignment, a minimum
18    of $10 and a maximum of $20; for recording the same, a
19    minimum of 25 cents and a maximum of 50 cents for each 100
20    words. Exceptions filed to claims presented to an assignee
21    of a debtor who has made a voluntary assignment for the
22    benefit of creditors shall be considered and treated, for
23    the purpose of taxing costs therein, as actions in which
24    the party or parties filing the exceptions shall be
25    considered as party or parties plaintiff, and the claimant
26    or claimants as party or parties defendant, and those

 

 

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1    parties respectively shall pay to the clerk the same fees
2    as provided by this Section to be paid in other actions.
3(u) Expungement Petition.
4        The clerk shall be entitled to receive a fee of a
5    minimum of $15 and a maximum of $60 for each expungement
6    petition filed and an additional fee of a minimum of $2 and
7    a maximum of $4 for each certified copy of an order to
8    expunge arrest records.
9(v) Probate.
10        The clerk is entitled to receive the fees specified in
11    this subsection (v), which shall be paid in advance, except
12    that, for good cause shown, the court may suspend, reduce,
13    or release the costs payable under this subsection:
14        (1) For administration of the estate of a decedent
15    (whether testate or intestate) or of a missing person, a
16    minimum of $50 and a maximum of $150, plus the fees
17    specified in subsection (v)(3), except:
18            (A) When the value of the real and personal
19        property does not exceed $15,000, the fee shall be a
20        minimum of $25 and a maximum of $40.
21            (B) When (i) proof of heirship alone is made, (ii)
22        a domestic or foreign will is admitted to probate
23        without administration (including proof of heirship),
24        or (iii) letters of office are issued for a particular
25        purpose without administration of the estate, the fee
26        shall be a minimum of $10 and a maximum of $40.

 

 

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

 

 

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1        and a maximum of $40; when the amount claimed is
2        $10,000 or more, a minimum of $10 and a maximum of $60;
3        provided that the court in allowing a claim may add to
4        the amount allowed the filing fee paid by the claimant.
5            (C) For filing in an estate a claim, petition, or
6        supplemental proceeding based upon an action seeking
7        equitable relief including the construction or contest
8        of a will, enforcement of a contract to make a will,
9        and proceedings involving testamentary trusts or the
10        appointment of testamentary trustees, a minimum of $40
11        and a maximum of $60.
12            (D) For filing in an estate (i) the appearance of
13        any person for the purpose of consent or (ii) the
14        appearance of an executor, administrator,
15        administrator to collect, guardian, guardian ad litem,
16        or special administrator, no fee.
17            (E) Except as provided in subsection (v)(3)(D),
18        for filing the appearance of any person or persons, a
19        minimum of $10 and a maximum of $30.
20            (F) For each jury demand, a minimum of $62.50 and a
21        maximum of $137.50.
22            (G) For disposition of the collection of a judgment
23        or settlement of an action or claim for wrongful death
24        of a decedent or of any cause of action of a ward, when
25        there is no other administration of the estate, a
26        minimum of $30 and a maximum of $50, less any amount

 

 

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1        paid under subsection (v)(1)(B) or (v)(2)(B) except
2        that if the amount involved does not exceed $5,000, the
3        fee, including any amount paid under subsection
4        (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
5        maximum of $20.
6            (H) For each certified copy of letters of office,
7        of court order or other certification, a minimum of $1
8        and a maximum of $2, plus a minimum of 50 cents and a
9        maximum of $1 per page in excess of 3 pages for the
10        document certified.
11            (I) For each exemplification, a minimum of $1 and a
12        maximum of $2, plus the fee for certification.
13        (4) The executor, administrator, guardian, petitioner,
14    or other interested person or his or her attorney shall pay
15    the cost of publication by the clerk directly to the
16    newspaper.
17        (5) The person on whose behalf a charge is incurred for
18    witness, court reporter, appraiser, or other miscellaneous
19    fee shall pay the same directly to the person entitled
20    thereto.
21        (6) The executor, administrator, guardian, petitioner,
22    or other interested person or his or her attorney shall pay
23    to the clerk all postage charges incurred by the clerk in
24    mailing petitions, orders, notices, or other documents
25    pursuant to the provisions of the Probate Act of 1975.
26(w) Criminal and Quasi-Criminal Costs and Fees.

 

 

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1        (1) The clerk shall be entitled to costs in all
2    criminal and quasi-criminal cases from each person
3    convicted or sentenced to supervision therein as follows:
4            (A) Felony complaints, a minimum of $40 and a
5        maximum of $100.
6            (B) Misdemeanor complaints, a minimum of $25 and a
7        maximum of $75.
8            (C) Business offense complaints, a minimum of $25
9        and a maximum of $75.
10            (D) Petty offense complaints, a minimum of $25 and
11        a maximum of $75.
12            (E) Minor traffic or ordinance violations, $10.
13            (F) When court appearance required, $15.
14            (G) Motions to vacate or amend final orders, a
15        minimum of $20 and a maximum of $40.
16            (H) Motions to vacate bond forfeiture orders, a
17        minimum of $20 and a maximum of $40.
18            (I) Motions to vacate ex parte judgments, whenever
19        filed, a minimum of $20 and a maximum of $40.
20            (J) Motions to vacate judgment on forfeitures,
21        whenever filed, a minimum of $20 and a maximum of $40.
22            (K) Motions to vacate "failure to appear" or
23        "failure to comply" notices sent to the Secretary of
24        State, a minimum of $20 and a maximum of $40.
25        (2) In counties having a population of not more than
26    500,000 inhabitants, when the violation complaint is

 

 

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1    issued by a municipal police department, the clerk shall be
2    entitled to costs from each person convicted therein as
3    follows:
4            (A) Minor traffic or ordinance violations, $10.
5            (B) When court appearance required, $15.
6        (3) In ordinance violation cases punishable by fine
7    only, the clerk of the circuit court shall be entitled to
8    receive, unless the fee is excused upon a finding by the
9    court that the defendant is indigent, in addition to other
10    fees or costs allowed or imposed by law, the sum of a
11    minimum of $62.50 and a maximum of $137.50 as a fee for the
12    services of a jury. The jury fee shall be paid by the
13    defendant at the time of filing his or her jury demand. If
14    the fee is not so paid by the defendant, no jury shall be
15    called, and the case shall be tried by the court without a
16    jury.
17        (4) The clerk of the circuit clerk, if authorized by an
18    ordinance of the county board, may collect a fee of up to
19    $10 for court interpreter services, in addition to other
20    fees or costs allowed or imposed by law, in all criminal
21    and quasi-criminal cases from each person convicted or
22    sentenced to supervision in a case arising from a felony,
23    misdemeanor, business offense, or petty offense complaint
24    or arising from a minor traffic or ordinance violation.
25    This fee shall be deposited into a separate Court
26    Interpreter Services Fund, of which the chief judge or his

 

 

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1    or her designee shall be the custodian, to be used to
2    maintain court interpreter services. If this fee for court
3    interpreter services is collected, 10% shall be deposited
4    into the Circuit Court Clerk Operation and Administrative
5    Fund created by the clerk of the circuit court.
6(x) Transcripts of Judgment.
7        For the filing of a transcript of judgment, the clerk
8    shall be entitled to the same fee as if it were the
9    commencement of a new suit.
10(y) Change of Venue.
11        (1) For the filing of a change of case on a change of
12    venue, the clerk shall be entitled to the same fee as if it
13    were the commencement of a new suit.
14        (2) The fee for the preparation and certification of a
15    record on a change of venue to another jurisdiction, when
16    original documents are forwarded, a minimum of $10 and a
17    maximum of $40.
18(z) Tax objection complaints.
19        For each tax objection complaint containing one or more
20    tax objections, regardless of the number of parcels
21    involved or the number of taxpayers joining on the
22    complaint, a minimum of $10 and a maximum of $50.
23(aa) Tax Deeds.
24        (1) Petition for tax deed, if only one parcel is
25    involved, a minimum of $45 and a maximum of $200.
26        (2) For each additional parcel, add a fee of a minimum

 

 

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1    of $10 and a maximum of $60.
2(bb) Collections.
3        (1) For all collections made of others, except the
4    State and county and except in maintenance or child support
5    cases, a sum equal to a minimum of 2% and a maximum of 2.5%
6    of the amount collected and turned over.
7        (2) Interest earned on any funds held by the clerk
8    shall be turned over to the county general fund as an
9    earning of the office.
10        (3) For any check, draft, or other bank instrument
11    returned to the clerk for non-sufficient funds, account
12    closed, or payment stopped, $25.
13        (4) In child support and maintenance cases, the clerk,
14    if authorized by an ordinance of the county board, may
15    collect an annual fee of up to $36 from the person making
16    payment for maintaining child support records and the
17    processing of support orders to the State of Illinois KIDS
18    system and the recording of payments issued by the State
19    Disbursement Unit for the official record of the Court.
20    This fee shall be in addition to and separate from amounts
21    ordered to be paid as maintenance or child support and
22    shall be deposited into a Separate Maintenance and Child
23    Support Collection Fund, of which the clerk shall be the
24    custodian, ex-officio, to be used by the clerk to maintain
25    child support orders and record all payments issued by the
26    State Disbursement Unit for the official record of the

 

 

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1    Court. The clerk may recover from the person making the
2    maintenance or child support payment any additional cost
3    incurred in the collection of this annual fee.
4        The clerk shall also be entitled to a fee of $5 for
5    certifications made to the Secretary of State as provided
6    in Section 7-703 of the Family Financial Responsibility Law
7    and these fees shall also be deposited into the Separate
8    Maintenance and Child Support Collection Fund.
9(cc) Corrections of Numbers.
10        For correction of the case number, case title, or
11    attorney computer identification number, if required by
12    rule of court, on any document filed in the clerk's office,
13    to be charged against the party that filed the document, a
14    minimum of $10 and a maximum of $25.
15(dd) Exceptions.
16        (1) The fee requirements of this Section shall not
17    apply to police departments or other law enforcement
18    agencies. In this Section, "law enforcement agency" means
19    an agency of the State or a unit of local government which
20    is vested by law or ordinance with the duty to maintain
21    public order and to enforce criminal laws or ordinances.
22    "Law enforcement agency" also means the Attorney General or
23    any state's attorney.
24        (2) No fee provided herein shall be charged to any unit
25    of local government or school district.
26        (3) The fee requirements of this Section shall not

 

 

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1    apply to any action instituted under subsection (b) of
2    Section 11-31-1 of the Illinois Municipal Code by a private
3    owner 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        (4) The fee requirements of this Section shall not
8    apply to the filing of any commitment petition or petition
9    for an order authorizing the administration of
10    psychotropic medication or electroconvulsive therapy under
11    the Mental Health and Developmental Disabilities Code.
12(ee) Adoptions.
13        (1) For an adoption...............................$65
14        (2) Upon good cause shown, the court may waive the
15    adoption filing fee in a special needs adoption. The term
16    "special needs adoption" shall have the meaning ascribed to
17    it by the Illinois Department of Children and Family
18    Services.
19(ff) Adoption exemptions.
20        No fee other than that set forth in subsection (ee)
21    shall be charged to any person in connection with an
22    adoption proceeding nor may any fee be charged for
23    proceedings for the appointment of a confidential
24    intermediary under the Adoption Act.
25(Source: P.A. 95-172, eff. 8-14-07; 95-331, eff. 8-21-07.)
 

 

 

HB0216- 19 -LRB097 02984 AJO 43011 b

1    (705 ILCS 105/27.2)  (from Ch. 25, par. 27.2)
2    Sec. 27.2. The fees of the clerks of the circuit court in
3all counties having a population in excess of 500,000
4inhabitants but less than 3,000,000 inhabitants in the
5instances described in this Section shall be as provided in
6this Section. In those instances where a minimum and maximum
7fee is stated, counties with more than 500,000 inhabitants but
8less than 3,000,000 inhabitants must charge the minimum fee
9listed in this Section and may charge up to the maximum fee if
10the county board has by resolution increased the fee. In
11addition, the minimum fees authorized in this Section shall
12apply to all units of local government and school districts in
13counties with more than 3,000,000 inhabitants. The fees shall
14be paid in advance and shall be as follows:
15(a) Civil Cases.
16        The fee for filing a complaint, petition, or other
17    pleading initiating a civil action, with the following
18    exceptions, shall be a minimum of $150 and a maximum of
19    $190.
20            (A) When the amount of money or damages or the
21        value of personal property claimed does not exceed
22        $250, a minimum of $10 and a maximum of $15.
23            (B) When that amount exceeds $250 but does not
24        exceed $1,000, a minimum of $20 and a maximum of $40.
25            (C) When that amount exceeds $1,000 but does not
26        exceed $2500, a minimum of $30 and a maximum of $50.

 

 

HB0216- 20 -LRB097 02984 AJO 43011 b

1            (D) When that amount exceeds $2500 but does not
2        exceed $5,000, a minimum of $75 and a maximum of $100.
3            (D-5) When the amount exceeds $5,000 but does not
4        exceed $15,000, a minimum of $75 and a maximum of $150.
5            (E) For the exercise of eminent domain, $150. For
6        each additional lot or tract of land or right or
7        interest therein subject to be condemned, the damages
8        in respect to which shall require separate assessment
9        by a jury, $150.
10            (F) No fees shall be charged by the clerk to a
11        petitioner in any order of protection including, but
12        not limited to, filing, modifying, withdrawing,
13        certifying, or photocopying petitions for orders of
14        protection, or for issuing alias summons, or for any
15        related filing service, certifying, modifying,
16        vacating, or photocopying any orders of protection.
17(b) Forcible Entry and Detainer.
18        In each forcible entry and detainer case when the
19    plaintiff seeks possession only or unites with his or her
20    claim for possession of the property a claim for rent or
21    damages or both in the amount of $15,000 or less, a minimum
22    of $40 and a maximum of $75. When the plaintiff unites his
23    or her claim for possession with a claim for rent or
24    damages or both exceeding $15,000, a minimum of $150 and a
25    maximum of $225.
26(c) Counterclaim or Joining Third Party Defendant.

 

 

HB0216- 21 -LRB097 02984 AJO 43011 b

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

 

 

HB0216- 22 -LRB097 02984 AJO 43011 b

1        does not exceed $15,000, a minimum of $40 and a maximum
2        of $60.
3(f) Garnishment, Wage Deduction, and Citation.
4        In garnishment affidavit, wage deduction affidavit,
5    and citation petition when the amount does not exceed
6    $1,000, a minimum of $10 and a maximum of $15; when the
7    amount exceeds $1,000 but does not exceed $5,000, a minimum
8    of $20 and a maximum of $30; and when the amount exceeds
9    $5,000, a minimum of $30 and a maximum of $50.
10(g) Petition to Vacate or Modify.
11        (1) Petition to vacate or modify any final judgment or
12    order of court, except in forcible entry and detainer cases
13    and small claims cases or a petition to reopen an estate,
14    to modify, terminate, or enforce a judgment or order for
15    child or spousal support, or to modify, suspend, or
16    terminate an order for withholding, if filed before 30 days
17    after the entry of the judgment or order, a minimum of $40
18    and a maximum of $50.
19        (2) Petition to vacate or modify any final judgment or
20    order of court, except a petition to modify, terminate, or
21    enforce a judgment or order for child or spousal support or
22    to modify, suspend, or terminate an order for withholding,
23    if filed later than 30 days after the entry of the judgment
24    or order, a minimum of $60 and a maximum of $75.
25        (3) Petition to vacate order of bond forfeiture, a
26    minimum of $20 and a maximum of $40.

 

 

HB0216- 23 -LRB097 02984 AJO 43011 b

1(h) Mailing.
2        When the clerk is required to mail, the fee will be a
3    minimum of $6 and a maximum of $10, plus the cost of
4    postage.
5(i) Certified Copies.
6        Each certified copy of a judgment after the first,
7    except in small claims and forcible entry and detainer
8    cases, a minimum of $10 and a maximum of $15.
9(j) Habeas Corpus.
10        For filing a petition for relief by habeas corpus, a
11    minimum of $80 and a maximum of $125.
12(k) Certification, Authentication, and Reproduction.
13        (1) Each certification or authentication for taking
14    the acknowledgment of a deed or other instrument in writing
15    with the seal of office, a minimum of $4 and a maximum of
16    $6.
17        (2) Court appeals when original documents are
18    forwarded, under 100 pages, plus delivery and costs, a
19    minimum of $50 and a maximum of $75.
20        (3) Court appeals when original documents are
21    forwarded, over 100 pages, plus delivery and costs, a
22    minimum of $120 and a maximum of $150.
23        (4) Court appeals when original documents are
24    forwarded, over 200 pages, an additional fee of a minimum
25    of 20 and a maximum of 25 cents per page.
26        (5) For reproduction of any document contained in the

 

 

HB0216- 24 -LRB097 02984 AJO 43011 b

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

 

 

HB0216- 25 -LRB097 02984 AJO 43011 b

1    plaintiff/defendant index inquiry or single case record
2    inquiry when this request is made in person and the records
3    are maintained in a current automated medium, and when no
4    hard copy print output is requested. The fees to be charged
5    for management records, multiple case records, and
6    multiple journal records may be specified by the Chief
7    Judge pursuant to the guidelines for access and
8    dissemination of information approved by the Supreme
9    Court.
10(p) (Blank).
11(q) Alias Summons.
12        For each alias summons or citation issued by the clerk,
13    a minimum of $4 and a maximum of $5.
14(r) Other Fees.
15        Any fees not covered in this Section shall be set by
16    rule or administrative order of the Circuit Court with the
17    approval of the Administrative Office of the Illinois
18    Courts.
19        The clerk of the circuit court may provide additional
20    services for which there is no fee specified by statute in
21    connection with the operation of the clerk's office as may
22    be requested by the public and agreed to by the clerk and
23    approved by the chief judge of the circuit court. Any
24    charges for additional services shall be as agreed to
25    between the clerk and the party making the request and
26    approved by the chief judge of the circuit court. Nothing

 

 

HB0216- 26 -LRB097 02984 AJO 43011 b

1    in this subsection shall be construed to require any clerk
2    to provide any service not otherwise required by law.
3(s) Jury Services.
4        The clerk shall be entitled to receive, in addition to
5    other fees allowed by law, the sum of a minimum of $192.50
6    and a maximum of $212.50, as a fee for the services of a
7    jury in every civil action not quasi-criminal in its nature
8    and not a proceeding for the exercise of the right of
9    eminent domain and in every other action wherein the right
10    of trial by jury is or may be given by law. The jury fee
11    shall be paid by the party demanding a jury at the time of
12    filing the jury demand. If the fee is not paid by either
13    party, no jury shall be called in the action or proceeding,
14    and the same shall be tried by the court without a jury.
15(t) Voluntary Assignment.
16        For filing each deed of voluntary assignment, a minimum
17    of $10 and a maximum of $20; for recording the same, a
18    minimum of 25˘ and a maximum of 50˘ for each 100 words.
19    Exceptions filed to claims presented to an assignee of a
20    debtor who has made a voluntary assignment for the benefit
21    of creditors shall be considered and treated, for the
22    purpose of taxing costs therein, as actions in which the
23    party or parties filing the exceptions shall be considered
24    as party or parties plaintiff, and the claimant or
25    claimants as party or parties defendant, and those parties
26    respectively shall pay to the clerk the same fees as

 

 

HB0216- 27 -LRB097 02984 AJO 43011 b

1    provided by this Section to be paid in other actions.
2(u) Expungement Petition.
3        The clerk shall be entitled to receive a fee of a
4    minimum of $30 and a maximum of $60 for each expungement
5    petition filed and an additional fee of a minimum of $2 and
6    a maximum of $4 for each certified copy of an order to
7    expunge arrest records.
8(v) Probate.
9        The clerk is entitled to receive the fees specified in
10    this subsection (v), which shall be paid in advance, except
11    that, for good cause shown, the court may suspend, reduce,
12    or release the costs payable under this subsection:
13        (1) For administration of the estate of a decedent
14    (whether testate or intestate) or of a missing person, a
15    minimum of $100 and a maximum of $150, plus the fees
16    specified in subsection (v)(3), except:
17            (A) When the value of the real and personal
18        property does not exceed $15,000, the fee shall be a
19        minimum of $25 and a maximum of $40.
20            (B) When (i) proof of heirship alone is made, (ii)
21        a domestic or foreign will is admitted to probate
22        without administration (including proof of heirship),
23        or (iii) letters of office are issued for a particular
24        purpose without administration of the estate, the fee
25        shall be a minimum of $25 and a maximum of $40.
26        (2) For administration of the estate of a ward, a

 

 

HB0216- 28 -LRB097 02984 AJO 43011 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 estate,
10        including filing or joining in the filing of a tax
11        return or releasing a mortgage or consenting to the
12        marriage of the ward, the fee shall be a minimum of $10
13        and a maximum of $20.
14        (3) In addition to the fees payable under subsection
15    (v)(1) or (v)(2) of this Section, the following fees are
16    payable:
17            (A) For each account (other than one final account)
18        filed in the estate of a decedent, or ward, a minimum
19        of $15 and a maximum of $25.
20            (B) For filing a claim in an estate when the amount
21        claimed is $150 or more but less than $500, a minimum
22        of $10 and a maximum of $20; when the amount claimed is
23        $500 or more but less than $10,000, a minimum of $25
24        and a maximum of $40; when the amount claimed is
25        $10,000 or more, a minimum of $40 and a maximum of $60;
26        provided that the court in allowing a claim may add to

 

 

HB0216- 29 -LRB097 02984 AJO 43011 b

1        the amount allowed the filing fee paid by the claimant.
2            (C) For filing in an estate a claim, petition, or
3        supplemental proceeding based upon an action seeking
4        equitable relief including the construction or contest
5        of a will, enforcement of a contract to make a will,
6        and proceedings involving testamentary trusts or the
7        appointment of testamentary trustees, a minimum of $40
8        and a maximum of $60.
9            (D) For filing in an estate (i) the appearance of
10        any person for the purpose of consent or (ii) the
11        appearance of an executor, administrator,
12        administrator to collect, guardian, guardian ad litem,
13        or special administrator, no fee.
14            (E) Except as provided in subsection (v)(3)(D),
15        for filing the appearance of any person or persons, a
16        minimum of $10 and a maximum of $30.
17            (F) For each jury demand, a minimum of $102.50 and
18        a maximum of $137.50.
19            (G) For disposition of the collection of a judgment
20        or settlement of an action or claim for wrongful death
21        of a decedent or of any cause of action of a ward, when
22        there is no other administration of the estate, a
23        minimum of $30 and a maximum of $50, less any amount
24        paid under subsection (v)(1)(B) or (v)(2)(B) except
25        that if the amount involved does not exceed $5,000, the
26        fee, including any amount paid under subsection

 

 

HB0216- 30 -LRB097 02984 AJO 43011 b

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

 

 

HB0216- 31 -LRB097 02984 AJO 43011 b

1            (A) Felony complaints, a minimum of $80 and a
2        maximum of $125.
3            (B) Misdemeanor complaints, a minimum of $50 and a
4        maximum of $75.
5            (C) Business offense complaints, a minimum of $50
6        and a maximum of $75.
7            (D) Petty offense complaints, a minimum of $50 and
8        a maximum of $75.
9            (E) Minor traffic or ordinance violations, $20.
10            (F) When court appearance required, $30.
11            (G) Motions to vacate or amend final orders, a
12        minimum of $20 and a maximum of $40.
13            (H) Motions to vacate bond forfeiture orders, a
14        minimum of $20 and a maximum of $30.
15            (I) Motions to vacate ex parte judgments, whenever
16        filed, a minimum of $20 and a maximum of $30.
17            (J) Motions to vacate judgment on forfeitures,
18        whenever filed, a minimum of $20 and a maximum of $25.
19            (K) Motions to vacate "failure to appear" or
20        "failure to comply" notices sent to the Secretary of
21        State, a minimum of $20 and a maximum of $40.
22        (2) In counties having a population of more than
23    500,000 but fewer than 3,000,000 inhabitants, when the
24    violation complaint is issued by a municipal police
25    department, the clerk shall be entitled to costs from each
26    person convicted therein as follows:

 

 

HB0216- 32 -LRB097 02984 AJO 43011 b

1            (A) Minor traffic or ordinance violations, $10.
2            (B) When court appearance required, $15.
3        (3) In ordinance violation cases punishable by fine
4    only, the clerk of the circuit court shall be entitled to
5    receive, unless the fee is excused upon a finding by the
6    court that the defendant is indigent, in addition to other
7    fees or costs allowed or imposed by law, the sum of a
8    minimum of $50 and a maximum of $112.50 as a fee for the
9    services of a jury. The jury fee shall be paid by the
10    defendant at the time of filing his or her jury demand. If
11    the fee is not so paid by the defendant, no jury shall be
12    called, and the case shall be tried by the court without a
13    jury.
14        (4) The clerk of the circuit clerk, if authorized by an
15    ordinance of the county board, may collect a fee of up to
16    $10 for court interpreter services, in addition to other
17    fees or costs allowed or imposed by law, in all criminal
18    and quasi-criminal cases from each person convicted or
19    sentenced to supervision in a case arising from a felony,
20    misdemeanor, business offense, or petty offense complaint
21    or arising from a minor traffic or ordinance violation.
22    This fee shall be deposited into a separate Court
23    Interpreter Services Fund, of which the chief judge or his
24    or her designee shall be the custodian, to be used to
25    maintain court interpreter services. If this fee for court
26    interpreter services is collected, 10% shall be deposited

 

 

HB0216- 33 -LRB097 02984 AJO 43011 b

1    into the Circuit Court Clerk Operation and Administrative
2    Fund created by the clerk of the circuit court.
3(x) Transcripts of Judgment.
4        For the filing of a transcript of judgment, the clerk
5    shall be entitled to the same fee as if it were the
6    commencement of new suit.
7(y) Change of Venue.
8        (1) For the filing of a change of case on a change of
9    venue, the clerk shall be entitled to the same fee as if it
10    were the commencement of a new suit.
11        (2) The fee for the preparation and certification of a
12    record on a change of venue to another jurisdiction, when
13    original documents are forwarded, a minimum of $25 and a
14    maximum of $40.
15(z) Tax objection complaints.
16        For each tax objection complaint containing one or more
17    tax objections, regardless of the number of parcels
18    involved or the number of taxpayers joining in the
19    complaint, a minimum of $25 and a maximum of $50.
20(aa) Tax Deeds.
21        (1) Petition for tax deed, if only one parcel is
22    involved, a minimum of $150 and a maximum of $250.
23        (2) For each additional parcel, add a fee of a minimum
24    of $50 and a maximum of $100.
25(bb) Collections.
26        (1) For all collections made of others, except the

 

 

HB0216- 34 -LRB097 02984 AJO 43011 b

1    State and county and except in maintenance or child support
2    cases, a sum equal to a minimum of 2.5% and a maximum of
3    3.0% of the amount collected and turned over.
4        (2) Interest earned on any funds held by the clerk
5    shall be turned over to the county general fund as an
6    earning of the office.
7        (3) For any check, draft, or other bank instrument
8    returned to the clerk for non-sufficient funds, account
9    closed, or payment stopped, $25.
10        (4) In child support and maintenance cases, the clerk,
11    if authorized by an ordinance of the county board, may
12    collect an annual fee of up to $36 from the person making
13    payment for maintaining child support records and the
14    processing of support orders to the State of Illinois KIDS
15    system and the recording of payments issued by the State
16    Disbursement Unit for the official record of the Court.
17    This fee shall be in addition to and separate from amounts
18    ordered to be paid as maintenance or child support and
19    shall be deposited into a Separate Maintenance and Child
20    Support Collection Fund, of which the clerk shall be the
21    custodian, ex-officio, to be used by the clerk to maintain
22    child support orders and record all payments issued by the
23    State Disbursement Unit for the official record of the
24    Court. The clerk may recover from the person making the
25    maintenance or child support payment any additional cost
26    incurred in the collection of this annual fee.

 

 

HB0216- 35 -LRB097 02984 AJO 43011 b

1        The clerk shall also be entitled to a fee of $5 for
2    certifications made to the Secretary of State as provided
3    in Section 7-703 of the Family Financial Responsibility Law
4    and these fees shall also be deposited into the Separate
5    Maintenance and Child Support Collection Fund.
6(cc) Corrections of Numbers.
7        For correction of the case number, case title, or
8    attorney computer identification number, if required by
9    rule of court, on any document filed in the clerk's office,
10    to be charged against the party that filed the document, a
11    minimum of $15 and a maximum of $25.
12(dd) Exceptions.
13        The fee requirements of this Section shall not apply to
14    police departments or other law enforcement agencies. In
15    this Section, "law enforcement agency" means an agency of
16    the State or a unit of local government which is vested by
17    law or ordinance with the duty to maintain public order and
18    to enforce criminal laws or ordinances. "Law enforcement
19    agency" also means the Attorney General or any state's
20    attorney. The fee requirements of this Section shall not
21    apply to any action instituted under subsection (b) of
22    Section 11-31-1 of the Illinois Municipal Code by a private
23    owner or tenant of real property within 1200 feet of a
24    dangerous or unsafe building seeking an order compelling
25    the owner or owners of the building to take any of the
26    actions authorized under that subsection.

 

 

HB0216- 36 -LRB097 02984 AJO 43011 b

1        The fee requirements of this Section shall not apply to
2    the filing of any commitment petition or petition for an
3    order authorizing the administration of psychotropic
4    medication or electroconvulsive therapy under the Mental
5    Health and Developmental Disabilities Code.
6(ee) Adoptions.
7        (1) For an adoption...............................$65
8        (2) Upon good cause shown, the court may waive the
9    adoption filing fee in a special needs adoption. The term
10    "special needs adoption" shall have the meaning ascribed to
11    it by the Illinois Department of Children and Family
12    Services.
13(ff) Adoption exemptions.
14        No fee other than that set forth in subsection (ee)
15    shall be charged to any person in connection with an
16    adoption proceeding nor may any fee be charged for
17    proceedings for the appointment of a confidential
18    intermediary under the Adoption Act.
19(gg) Unpaid fees.
20        Unless a court ordered payment schedule is implemented
21    or the fee requirements of this Section are waived pursuant
22    to court order, the clerk of the court may add to any
23    unpaid fees and costs under this Section a delinquency
24    amount equal to 5% of the unpaid fees that remain unpaid
25    after 30 days, 10% of the unpaid fees that remain unpaid
26    after 60 days, and 15% of the unpaid fees that remain

 

 

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1    unpaid after 90 days. Notice to those parties may be made
2    by signage posting or publication. The additional
3    delinquency amounts collected under this Section shall be
4    used to defray additional administrative costs incurred by
5    the clerk of the circuit court in collecting unpaid fees
6    and costs.
7(Source: P.A. 95-172, eff. 8-14-07.)
 
8    (705 ILCS 105/27.2a)  (from Ch. 25, par. 27.2a)
9    Sec. 27.2a. The fees of the clerks of the circuit court in
10all counties having a population of 3,000,000 or more
11inhabitants in the instances described in this Section shall be
12as provided in this Section. In those instances where a minimum
13and maximum fee is stated, the clerk of the circuit court must
14charge the minimum fee listed and may charge up to the maximum
15fee if the county board has by resolution increased the fee.
16The fees shall be paid in advance and shall be as follows:
17(a) Civil Cases.
18        The fee for filing a complaint, petition, or other
19    pleading initiating a civil action, with the following
20    exceptions, shall be a minimum of $190 and a maximum of
21    $240.
22            (A) When the amount of money or damages or the
23        value of personal property claimed does not exceed
24        $250, a minimum of $15 and a maximum of $22.
25            (B) When that amount exceeds $250 but does not

 

 

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1        exceed $1000, a minimum of $40 and a maximum of $75.
2            (C) When that amount exceeds $1000 but does not
3        exceed $2500, a minimum of $50 and a maximum of $80.
4            (D) When that amount exceeds $2500 but does not
5        exceed $5000, a minimum of $100 and a maximum of $130.
6            (E) When that amount exceeds $5000 but does not
7        exceed $15,000, $150.
8            (F) For the exercise of eminent domain, $150. For
9        each additional lot or tract of land or right or
10        interest therein subject to be condemned, the damages
11        in respect to which shall require separate assessment
12        by a jury, $150.
13            (G) For the final determination of parking,
14        standing, and compliance violations and final
15        administrative decisions issued after hearings
16        regarding vehicle immobilization and impoundment made
17        pursuant to Sections 3-704.1, 6-306.5, and 11-208.3 of
18        the Illinois Vehicle Code, $25.
19            (H) No fees shall be charged by the clerk to a
20        petitioner in any order of protection including, but
21        not limited to, filing, modifying, withdrawing,
22        certifying, or photocopying petitions for orders of
23        protection, or for issuing alias summons, or for any
24        related filing service, certifying, modifying,
25        vacating, or photocopying any orders of protection.
26(b) Forcible Entry and Detainer.

 

 

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1        In each forcible entry and detainer case when the
2    plaintiff seeks possession only or unites with his or her
3    claim for possession of the property a claim for rent or
4    damages or both in the amount of $15,000 or less, a minimum
5    of $75 and a maximum of $140. When the plaintiff unites his
6    or her claim for possession with a claim for rent or
7    damages or both exceeding $15,000, a minimum of $225 and a
8    maximum of $335.
9(c) Counterclaim or Joining Third Party Defendant.
10        When any defendant files a counterclaim as part of his
11    or her answer or otherwise or joins another party as a
12    third party defendant, or both, the defendant shall pay a
13    fee for each counterclaim or third party action in an
14    amount equal to the fee he or she would have had to pay had
15    he or she brought a separate action for the relief sought
16    in the counterclaim or against the third party defendant,
17    less the amount of the appearance fee, if that has been
18    paid.
19(d) Confession of Judgment.
20        In a confession of judgment when the amount does not
21    exceed $1500, a minimum of $60 and a maximum of $70. When
22    the amount exceeds $1500, but does not exceed $5000, a
23    minimum of $75 and a maximum of $150. When the amount
24    exceeds $5000, but does not exceed $15,000, a minimum of
25    $175 and a maximum of $260. When the amount exceeds
26    $15,000, a minimum of $250 and a maximum of $310.

 

 

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1(e) Appearance.
2        The fee for filing an appearance in each civil case
3    shall be a minimum of $75 and a maximum of $110, except as
4    follows:
5            (A) When the plaintiff in a forcible entry and
6        detainer case seeks possession only, a minimum of $40
7        and a maximum of $80.
8            (B) When the amount in the case does not exceed
9        $1500, a minimum of $40 and a maximum of $80.
10            (C) When that amount exceeds $1500 but does not
11        exceed $15,000, a minimum of $60 and a maximum of $90.
12(f) Garnishment, Wage Deduction, and Citation.
13        In garnishment affidavit, wage deduction affidavit,
14    and citation petition when the amount does not exceed
15    $1,000, a minimum of $15 and a maximum of $25; when the
16    amount exceeds $1,000 but does not exceed $5,000, a minimum
17    of $30 and a maximum of $45; and when the amount exceeds
18    $5,000, a minimum of $50 and a maximum of $80.
19(g) Petition to Vacate or Modify.
20        (1) Petition to vacate or modify any final judgment or
21    order of court, except in forcible entry and detainer cases
22    and small claims cases or a petition to reopen an estate,
23    to modify, terminate, or enforce a judgment or order for
24    child or spousal support, or to modify, suspend, or
25    terminate an order for withholding, if filed before 30 days
26    after the entry of the judgment or order, a minimum of $50

 

 

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1    and a maximum of $60.
2        (2) Petition to vacate or modify any final judgment or
3    order of court, except a petition to modify, terminate, or
4    enforce a judgment or order for child or spousal support or
5    to modify, suspend, or terminate an order for withholding,
6    if filed later than 30 days after the entry of the judgment
7    or order, a minimum of $75 and a maximum of $90.
8        (3) Petition to vacate order of bond forfeiture, a
9    minimum of $40 and a maximum of $80.
10(h) Mailing.
11        When the clerk is required to mail, the fee will be a
12    minimum of $10 and a maximum of $15, plus the cost of
13    postage.
14(i) Certified Copies.
15        Each certified copy of a judgment after the first,
16    except in small claims and forcible entry and detainer
17    cases, a minimum of $15 and a maximum of $20.
18(j) Habeas Corpus.
19        For filing a petition for relief by habeas corpus, a
20    minimum of $125 and a maximum of $190.
21(k) Certification, Authentication, and Reproduction.
22        (1) Each certification or authentication for taking
23    the acknowledgment of a deed or other instrument in writing
24    with the seal of office, a minimum of $6 and a maximum of
25    $9.
26        (2) Court appeals when original documents are

 

 

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1    forwarded, under 100 pages, plus delivery and costs, a
2    minimum of $75 and a maximum of $110.
3        (3) Court appeals when original documents are
4    forwarded, over 100 pages, plus delivery and costs, a
5    minimum of $150 and a maximum of $185.
6        (4) Court appeals when original documents are
7    forwarded, over 200 pages, an additional fee of a minimum
8    of 25 and a maximum of 30 cents per page.
9        (5) For reproduction of any document contained in the
10    clerk's files:
11            (A) First page, $2.
12            (B) Next 19 pages, 50 cents per page.
13            (C) All remaining pages, 25 cents per page.
14(l) Remands.
15        In any cases remanded to the Circuit Court from the
16    Supreme Court or the Appellate Court for a new trial, the
17    clerk shall file the remanding order and reinstate the case
18    with either its original number or a new number. The Clerk
19    shall not charge any new or additional fee for the
20    reinstatement. Upon reinstatement the Clerk shall advise
21    the parties of the reinstatement. A party shall have the
22    same right to a jury trial on remand and reinstatement as
23    he or she had before the appeal, and no additional or new
24    fee or charge shall be made for a jury trial after remand.
25(m) Record Search.
26        For each record search, within a division or municipal

 

 

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

 

 

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1    Courts.
2        The clerk of the circuit court may provide additional
3    services for which there is no fee specified by statute in
4    connection with the operation of the clerk's office as may
5    be requested by the public and agreed to by the clerk and
6    approved by the chief judge of the circuit court. Any
7    charges for additional services shall be as agreed to
8    between the clerk and the party making the request and
9    approved by the chief judge of the circuit court. Nothing
10    in this subsection shall be construed to require any clerk
11    to provide any service not otherwise required by law.
12(s) Jury Services.
13        The clerk shall be entitled to receive, in addition to
14    other fees allowed by law, the sum of a minimum of $212.50
15    and maximum of $230, as a fee for the services of a jury in
16    every civil action not quasi-criminal in its nature and not
17    a proceeding for the exercise of the right of eminent
18    domain and in every other action wherein the right of trial
19    by jury is or may be given by law. The jury fee shall be
20    paid by the party demanding a jury at the time of filing
21    the jury demand. If the fee is not paid by either party, no
22    jury shall be called in the action or proceeding, and the
23    same shall be tried by the court without a jury.
24(t) Voluntary Assignment.
25        For filing each deed of voluntary assignment, a minimum
26    of $20 and a maximum of $40; for recording the same, a

 

 

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1    minimum of 50˘ and a maximum of $0.80 for each 100 words.
2    Exceptions filed to claims presented to an assignee of a
3    debtor who has made a voluntary assignment for the benefit
4    of creditors shall be considered and treated, for the
5    purpose of taxing costs therein, as actions in which the
6    party or parties filing the exceptions shall be considered
7    as party or parties plaintiff, and the claimant or
8    claimants as party or parties defendant, and those parties
9    respectively shall pay to the clerk the same fees as
10    provided by this Section to be paid in other actions.
11(u) Expungement Petition.
12        The clerk shall be entitled to receive a fee of a
13    minimum of $60 and a maximum of $120 for each expungement
14    petition filed and an additional fee of a minimum of $4 and
15    a maximum of $8 for each certified copy of an order to
16    expunge arrest records.
17(v) Probate.
18        The clerk is entitled to receive the fees specified in
19    this subsection (v), which shall be paid in advance, except
20    that, for good cause shown, the court may suspend, reduce,
21    or release the costs payable under this subsection:
22        (1) For administration of the estate of a decedent
23    (whether testate or intestate) or of a missing person, a
24    minimum of $150 and a maximum of $225, plus the fees
25    specified in subsection (v)(3), except:
26            (A) When the value of the real and personal

 

 

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1        property does not exceed $15,000, the fee shall be a
2        minimum of $40 and a maximum of $65.
3            (B) When (i) proof of heirship alone is made, (ii)
4        a domestic or foreign will is admitted to probate
5        without administration (including proof of heirship),
6        or (iii) letters of office are issued for a particular
7        purpose without administration of the estate, the fee
8        shall be a minimum of $40 and a maximum of $65.
9        (2) For administration of the estate of a ward, a
10    minimum of $75 and a maximum of $110, plus the fees
11    specified in subsection (v)(3), except:
12            (A) When the value of the real and personal
13        property does not exceed $15,000, the fee shall be a
14        minimum of $40 and a maximum of $65.
15            (B) When (i) letters of office are issued to a
16        guardian of the person or persons, but not of the
17        estate or (ii) letters of office are issued in the
18        estate of a ward without administration of the estate,
19        including filing or joining in the filing of a tax
20        return or releasing a mortgage or consenting to the
21        marriage of the ward, the fee shall be a minimum of $20
22        and a maximum of $40.
23        (3) In addition to the fees payable under subsection
24    (v)(1) or (v)(2) of this Section, the following fees are
25    payable:
26            (A) For each account (other than one final account)

 

 

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1        filed in the estate of a decedent, or ward, a minimum
2        of $25 and a maximum of $40.
3            (B) For filing a claim in an estate when the amount
4        claimed is $150 or more but less than $500, a minimum
5        of $20 and a maximum of $40; when the amount claimed is
6        $500 or more but less than $10,000, a minimum of $40
7        and a maximum of $65; when the amount claimed is
8        $10,000 or more, a minimum of $60 and a maximum of $90;
9        provided that the court in allowing a claim may add to
10        the amount allowed the filing fee paid by the claimant.
11            (C) For filing in an estate a claim, petition, or
12        supplemental proceeding based upon an action seeking
13        equitable relief including the construction or contest
14        of a will, enforcement of a contract to make a will,
15        and proceedings involving testamentary trusts or the
16        appointment of testamentary trustees, a minimum of $60
17        and a maximum of $90.
18            (D) For filing in an estate (i) the appearance of
19        any person for the purpose of consent or (ii) the
20        appearance of an executor, administrator,
21        administrator to collect, guardian, guardian ad litem,
22        or special administrator, no fee.
23            (E) Except as provided in subsection (v)(3)(D),
24        for filing the appearance of any person or persons, a
25        minimum of $30 and a maximum of $90.
26            (F) For each jury demand, a minimum of $137.50 and

 

 

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1        a maximum of $180.
2            (G) For disposition of the collection of a judgment
3        or settlement of an action or claim for wrongful death
4        of a decedent or of any cause of action of a ward, when
5        there is no other administration of the estate, a
6        minimum of $50 and a maximum of $80, less any amount
7        paid under subsection (v)(1)(B) or (v)(2)(B) except
8        that if the amount involved does not exceed $5,000, the
9        fee, including any amount paid under subsection
10        (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a
11        maximum of $40.
12            (H) For each certified copy of letters of office,
13        of court order or other certification, a minimum of $2
14        and a maximum of $4, plus $1 per page in excess of 3
15        pages for the document certified.
16            (I) For each exemplification, $2, plus the fee for
17        certification.
18        (4) The executor, administrator, guardian, petitioner,
19    or other interested person or his or her attorney shall pay
20    the cost of publication by the clerk directly to the
21    newspaper.
22        (5) The person on whose behalf a charge is incurred for
23    witness, court reporter, appraiser, or other miscellaneous
24    fee shall pay the same directly to the person entitled
25    thereto.
26        (6) The executor, administrator, guardian, petitioner,

 

 

HB0216- 49 -LRB097 02984 AJO 43011 b

1    or other interested person or his or her attorney shall pay
2    to the clerk all postage charges incurred by the clerk in
3    mailing petitions, orders, notices, or other documents
4    pursuant to the provisions of the Probate Act of 1975.
5(w) Criminal and Quasi-Criminal Costs and Fees.
6        (1) The clerk shall be entitled to costs in all
7    criminal and quasi-criminal cases from each person
8    convicted or sentenced to supervision therein as follows:
9            (A) Felony complaints, a minimum of $125 and a
10        maximum of $190.
11            (B) Misdemeanor complaints, a minimum of $75 and a
12        maximum of $110.
13            (C) Business offense complaints, a minimum of $75
14        and a maximum of $110.
15            (D) Petty offense complaints, a minimum of $75 and
16        a maximum of $110.
17            (E) Minor traffic or ordinance violations, $30.
18            (F) When court appearance required, $50.
19            (G) Motions to vacate or amend final orders, a
20        minimum of $40 and a maximum of $80.
21            (H) Motions to vacate bond forfeiture orders, a
22        minimum of $30 and a maximum of $45.
23            (I) Motions to vacate ex parte judgments, whenever
24        filed, a minimum of $30 and a maximum of $45.
25            (J) Motions to vacate judgment on forfeitures,
26        whenever filed, a minimum of $25 and a maximum of $30.

 

 

HB0216- 50 -LRB097 02984 AJO 43011 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 $40 and a maximum of $50.
4        (2) In counties having a population of 3,000,000 or
5    more, when the violation complaint is issued by a municipal
6    police department, the clerk shall be entitled to costs
7    from each person convicted therein as follows:
8            (A) Minor traffic or ordinance violations, $30.
9            (B) When court appearance required, $50.
10        (3) In ordinance violation cases punishable by fine
11    only, the clerk of the circuit court shall be entitled to
12    receive, unless the fee is excused upon a finding by the
13    court that the defendant is indigent, in addition to other
14    fees or costs allowed or imposed by law, the sum of a
15    minimum of $112.50 and a maximum of $250 as a fee for the
16    services of a jury. The jury fee shall be paid by the
17    defendant at the time of filing his or her jury demand. If
18    the fee is not so paid by the defendant, no jury shall be
19    called, and the case shall be tried by the court without a
20    jury.
21        (4) The clerk of the circuit clerk, if authorized by an
22    ordinance of the county board, may collect a fee of up to
23    $10 for court interpreter services, in addition to other
24    fees or costs allowed or imposed by law, in all criminal
25    and quasi-criminal cases from each person convicted or
26    sentenced to supervision in a case arising from a felony,

 

 

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1    misdemeanor, business offense, or petty offense complaint
2    or arising from a minor traffic or ordinance violation.
3    This fee shall be deposited into a separate Court
4    Interpreter Services Fund, of which the chief judge or his
5    or her designee shall be the custodian, to be used to
6    maintain court interpreter services. If this fee for court
7    interpreter services is collected, 10% shall be deposited
8    into the Circuit Court Clerk Operation and Administrative
9    Fund created by the clerk of the circuit court.
10(x) Transcripts of Judgment.
11        For the filing of a transcript of judgment, the clerk
12    shall be entitled to the same fee as if it were the
13    commencement of a new suit.
14(y) Change of Venue.
15        (1) For the filing of a change of case on a change of
16    venue, the clerk shall be entitled to the same fee as if it
17    were the commencement of a new suit.
18        (2) The fee for the preparation and certification of a
19    record on a change of venue to another jurisdiction, when
20    original documents are forwarded, a minimum of $40 and a
21    maximum of $65.
22(z) Tax objection complaints.
23        For each tax objection complaint containing one or more
24    tax objections, regardless of the number of parcels
25    involved or the number of taxpayers joining in the
26    complaint, a minimum of $50 and a maximum of $100.

 

 

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1(aa) Tax Deeds.
2        (1) Petition for tax deed, if only one parcel is
3    involved, a minimum of $250 and a maximum of $400.
4        (2) For each additional parcel, add a fee of a minimum
5    of $100 and a maximum of $200.
6(bb) Collections.
7        (1) For all collections made of others, except the
8    State and county and except in maintenance or child support
9    cases, a sum equal to 3.0% of the amount collected and
10    turned over.
11        (2) Interest earned on any funds held by the clerk
12    shall be turned over to the county general fund as an
13    earning of the office.
14        (3) For any check, draft, or other bank instrument
15    returned to the clerk for non-sufficient funds, account
16    closed, or payment stopped, $25.
17        (4) In child support and maintenance cases, the clerk,
18    if authorized by an ordinance of the county board, may
19    collect an annual fee of up to $36 from the person making
20    payment for maintaining child support records and the
21    processing of support orders to the State of Illinois KIDS
22    system and the recording of payments issued by the State
23    Disbursement Unit for the official record of the Court.
24    This fee shall be in addition to and separate from amounts
25    ordered to be paid as maintenance or child support and
26    shall be deposited into a Separate Maintenance and Child

 

 

HB0216- 53 -LRB097 02984 AJO 43011 b

1    Support Collection Fund, of which the clerk shall be the
2    custodian, ex-officio, to be used by the clerk to maintain
3    child support orders and record all payments issued by the
4    State Disbursement Unit for the official record of the
5    Court. The clerk may recover from the person making the
6    maintenance or child support payment any additional cost
7    incurred in the collection of this annual fee.
8        The clerk shall also be entitled to a fee of $5 for
9    certifications made to the Secretary of State as provided
10    in Section 7-703 of the Family Financial Responsibility Law
11    and these fees shall also be deposited into the Separate
12    Maintenance and Child Support Collection Fund.
13(cc) Corrections of Numbers.
14        For correction of the case number, case title, or
15    attorney computer identification number, if required by
16    rule of court, on any document filed in the clerk's office,
17    to be charged against the party that filed the document, a
18    minimum of $25 and a maximum of $40.
19(dd) Exceptions.
20        (1) The fee requirements of this Section shall not
21    apply to police departments or other law enforcement
22    agencies. In this Section, "law enforcement agency" means
23    an agency of the State or a unit of local government which
24    is vested by law or ordinance with the duty to maintain
25    public order and to enforce criminal laws or ordinances.
26    "Law enforcement agency" also means the Attorney General or

 

 

HB0216- 54 -LRB097 02984 AJO 43011 b

1    any state's attorney.
2        (2) No fee provided herein shall be charged to any unit
3    of local government or school district. The fee
4    requirements of this Section shall not apply to any action
5    instituted under subsection (b) of Section 11-31-1 of the
6    Illinois Municipal Code by a private owner or tenant of
7    real property within 1200 feet of a dangerous or unsafe
8    building seeking an order compelling the owner or owners of
9    the building to take any of the actions authorized under
10    that subsection.
11        (3) The fee requirements of this Section shall not
12    apply to the filing of any commitment petition or petition
13    for an order authorizing the administration of
14    psychotropic medication or electroconvulsive therapy under
15    the Mental Health and Developmental Disabilities Code.
16(ee) Adoption.
17        (1) For an adoption...............................$65
18        (2) Upon good cause shown, the court may waive the
19    adoption filing fee in a special needs adoption. The term
20    "special needs adoption" shall have the meaning ascribed to
21    it by the Illinois Department of Children and Family
22    Services.
23(ff) Adoption exemptions.
24        No fee other than that set forth in subsection (ee)
25    shall be charged to any person in connection with an
26    adoption proceeding nor may any fee be charged for

 

 

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1    proceedings for the appointment of a confidential
2    intermediary under the Adoption Act.
3(gg) Unpaid fees.
4        Unless a court ordered payment schedule is implemented
5    or the fee requirements of this Section are waived pursuant
6    to court order, the clerk of the court may add to any
7    unpaid fees and costs under this Section a delinquency
8    amount equal to 5% of the unpaid fees that remain unpaid
9    after 30 days, 10% of the unpaid fees that remain unpaid
10    after 60 days, and 15% of the unpaid fees that remain
11    unpaid after 90 days. Notice to those parties may be made
12    by signage posting or publication. The additional
13    delinquency amounts collected under this Section shall be
14    used to defray additional administrative costs incurred by
15    the clerk of the circuit court in collecting unpaid fees
16    and costs.
17(Source: P.A. 95-172, eff. 8-14-07.)
 
18    Section 99. Effective date. This Act takes effect June 1,
192011.