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093_SB0199sam001
LRB093 06333 DRJ 13246 a
1 AMENDMENT TO SENATE BILL 199
2 AMENDMENT NO. . Amend Senate Bill 199 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Mental Health and Developmental
5 Disabilities Code is amended by changing Sections 1-119,
6 2-107.1, and 3-802 and adding Section 1-129 as follows:
7 (405 ILCS 5/1-119) (from Ch. 91 1/2, par. 1-119)
8 Sec. 1-119. "Person subject to involuntary admission"
9 means:
10 (1) A person with mental illness and who because of
11 his or her illness is reasonably expected to inflict
12 serious physical harm upon himself or herself or another
13 in the near future which may include threatening behavior
14 or conduct that places another individual in reasonable
15 expectation of being harmed; or
16 (2) A person with mental illness and who because of
17 his or her illness is unable to provide for his or her
18 basic physical needs so as to guard himself or herself
19 from serious harm without the assistance of family or
20 outside help.
21 In determining whether a person meets the criteria
22 specified in paragraph (1) or (2), the court may consider
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1 evidence of the person's repeated past pattern of specific
2 behavior and actions related to the person's illness.
3 (Source: P.A. 91-726, eff. 6-2-00.)
4 (405 ILCS 5/1-129 new)
5 Sec. 1-129. Mental illness. "Mental illness" means an
6 organic, mental, or emotional disorder that substantially
7 impairs a person's thought, perception of reality, emotional
8 process, judgment, behavior, or ability to cope with the
9 ordinary demands of life, but does not include a
10 developmental disability, a substance abuse disorder, or an
11 abnormality manifested only by repeated criminal or otherwise
12 antisocial conduct.
13 (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
14 Sec. 2-107.1. Administration of authorized involuntary
15 treatment upon application to a court.
16 (a) An adult recipient of services and the recipient's
17 guardian, if the recipient is under guardianship, and the
18 substitute decision maker, if any, shall be informed of the
19 recipient's right to refuse medication. The recipient and the
20 recipient's guardian or substitute decision maker shall be
21 given the opportunity to refuse generally accepted mental
22 health or developmental disability services, including but
23 not limited to medication.
24 (a-5) Notwithstanding the provisions of Section 2-107 of
25 this Code, authorized involuntary treatment may be
26 administered to an adult recipient of services without the
27 informed consent of the recipient under the following
28 standards:
29 (1) Any person 18 years of age or older, including
30 any guardian, may petition the circuit court for an order
31 authorizing the administration of authorized involuntary
32 treatment to a recipient of services. The petition shall
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1 state that the petitioner has made a good faith attempt
2 to determine whether the recipient has executed a power
3 of attorney for health care under the Powers of Attorney
4 for Health Care Law or a declaration for mental health
5 treatment under the Mental Health Treatment Preference
6 Declaration Act and to obtain copies of these instruments
7 if they exist. If either of the above-named instruments
8 is available to the petitioner, the instrument or a copy
9 of the instrument shall be attached to the petition as an
10 exhibit. The petitioner shall deliver a copy of the
11 petition, and notice of the time and place of the
12 hearing, to the respondent, his or her attorney, any
13 known agent or attorney-in-fact, if any, and the
14 guardian, if any, no later than 3 days prior to the date
15 of the hearing. Service of the petition and notice of the
16 time and place of the hearing may be made by transmitting
17 them via facsimile machine to the respondent or other
18 party. Upon receipt of the petition and notice, the
19 party served, or the person delivering the petition and
20 notice to the party served, shall acknowledge service.
21 If the party sending the petition and notice does not
22 receive acknowledgement of service within 24 hours,
23 service must be made by personal service.
24 The petition may include a request that the court
25 authorize such testing and procedures as may be essential
26 for the safe and effective administration of the
27 authorized involuntary treatment sought to be
28 administered, but only where the petition sets forth the
29 specific testing and procedures sought to be
30 administered.
31 If a hearing is requested to be held immediately
32 following the hearing on a petition for involuntary
33 admission, then the notice requirement shall be the same
34 as that for the hearing on the petition for involuntary
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1 admission, and the petition filed pursuant to this
2 Section shall be filed with the petition for involuntary
3 admission.
4 (2) The court shall hold a hearing within 7 days of
5 the filing of the petition. The People, the petitioner,
6 or the respondent shall be entitled to a continuance of
7 up to 7 days as of right. An additional continuance of
8 not more than 7 days may be granted to any party (i) upon
9 a showing that the continuance is needed in order to
10 adequately prepare for or present evidence in a hearing
11 under this Section or (ii) under exceptional
12 circumstances. The court may grant an additional
13 continuance not to exceed 21 days when, in its
14 discretion, the court determines that such a continuance
15 is necessary in order to provide the recipient with an
16 examination pursuant to Section 3-803 or 3-804 of this
17 Act, to provide the recipient with a trial by jury as
18 provided in Section 3-802 of this Act, or to arrange for
19 the substitution of counsel as provided for by the
20 Illinois Supreme Court Rules. The hearing shall be
21 separate from a judicial proceeding held to determine
22 whether a person is subject to involuntary admission but
23 may be heard immediately preceding or following such a
24 judicial proceeding and may be heard by the same trier of
25 fact or law as in that judicial proceeding.
26 (3) Unless otherwise provided herein, the
27 procedures set forth in Article VIII of Chapter 3 of this
28 Act, including the provisions regarding appointment of
29 counsel, shall govern hearings held under this subsection
30 (a-5).
31 (4) Authorized involuntary treatment shall not be
32 administered to the recipient unless it has been
33 determined by clear and convincing evidence that all of
34 the following factors are present:
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1 (A) That the recipient has a serious mental
2 illness or developmental disability.
3 (B) That because of said mental illness or
4 developmental disability, the recipient currently
5 exhibits any one of the following: (i) deterioration
6 of his or her ability to function, as compared to
7 the recipient's ability to function prior to the
8 current onset of symptoms of the mental illness or
9 disability for which treatment is presently sought,
10 (ii) suffering, or (iii) threatening behavior.
11 (C) That the illness or disability has existed
12 for a period marked by the continuing presence of
13 the symptoms set forth in item (B) of this
14 subdivision (4) or the repeated episodic occurrence
15 of these symptoms.
16 (D) That the benefits of the treatment
17 outweigh the harm.
18 (E) That the recipient lacks the capacity to
19 make a reasoned decision about the treatment.
20 (F) That other less restrictive services have
21 been explored and found inappropriate.
22 (G) If the petition seeks authorization for
23 testing and other procedures, that such testing and
24 procedures are essential for the safe and effective
25 administration of the treatment.
26 (5) In no event shall an order issued under this
27 Section be effective for more than 90 days. A second
28 90-day period of involuntary treatment may be authorized
29 pursuant to a hearing that complies with the standards
30 and procedures of this subsection (a-5). Thereafter,
31 additional 180-day periods of involuntary treatment may
32 be authorized pursuant to the standards and procedures of
33 this Section without limit. If a new petition to
34 authorize the administration of authorized involuntary
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1 treatment is filed at least 15 days prior to the
2 expiration of the prior order, and if any continuance of
3 the hearing is agreed to by the recipient, the
4 administration of the treatment may continue in
5 accordance with the prior order pending the completion of
6 a hearing under this Section.
7 (6) An order issued under this subsection (a-5)
8 shall designate the persons authorized to administer the
9 authorized involuntary treatment under the standards and
10 procedures of this subsection (a-5). Those persons shall
11 have complete discretion not to administer any treatment
12 authorized under this Section. The order shall also
13 specify the medications and the anticipated range of
14 dosages that have been authorized and may include a list
15 of any alternative medications and range of dosages
16 deemed necessary.
17 (b) A guardian may be authorized to consent to the
18 administration of authorized involuntary treatment to an
19 objecting recipient only under the standards and procedures
20 of subsection (a-5).
21 (c) Notwithstanding any other provision of this Section,
22 a guardian may consent to the administration of authorized
23 involuntary treatment to a non-objecting recipient under
24 Article XIa of the Probate Act of 1975.
25 (d) Nothing in this Section shall prevent the
26 administration of authorized involuntary treatment to
27 recipients in an emergency under Section 2-107 of this Act.
28 (e) Notwithstanding any of the provisions of this
29 Section, authorized involuntary treatment may be administered
30 pursuant to a power of attorney for health care under the
31 Powers of Attorney for Health Care Law or a declaration for
32 mental health treatment under the Mental Health Treatment
33 Preference Declaration Act.
34 (Source: P.A. 91-726, eff. 6-2-00; 91-787, eff. 1-1-01;
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1 92-16, eff. 6-28-01.)
2 (405 ILCS 5/3-802) (from Ch. 91 1/2, par. 3-802)
3 Sec. 3-802. The respondent is entitled to a jury on the
4 question of whether he is subject to involuntary admission.
5 The jury shall consist of 6 persons to be chosen in the same
6 manner as are jurors in other civil proceedings. A respondent
7 is not entitled to a jury on the question of whether
8 authorized involuntary treatment may be administered under
9 Section 2-107.1.
10 (Source: P.A. 80-1414.)
11 Section 10. The Clerks of Courts Act is amended by
12 changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
13 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
14 Sec. 27.1. The fees of the Clerk of the Circuit Court in
15 all counties having a population of 180,000 inhabitants or
16 less shall be paid in advance, except as otherwise provided,
17 and shall be as follows:
18 (a) Civil Cases.
19 (1) All civil cases except as otherwise
20 provided........................................... $40
21 (2) Judicial Sales (except Probate).......... $40
22 (b) Family.
23 (1) Commitment petitions under the Mental
24 Health and Developmental Disabilities Code, Filing
25 transcript of commitment proceedings held in
26 another county, and Cases under the Juvenile Court
27 Act of 1987........................................ $25
28 (2) Petition for Marriage Licenses........... $10
29 (3) Marriages in Court....................... $10
30 (4) Paternity................................ $40
31 (c) Criminal and Quasi-Criminal.
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1 (1) Each person convicted of a felony........ $40
2 (2) Each person convicted of a misdemeanor,
3 leaving scene of an accident, driving while
4 intoxicated, reckless driving or drag racing,
5 driving when license revoked or suspended,
6 overweight, or no interstate commerce certificate,
7 or when the disposition is court supervision....... $25
8 (3) Each person convicted of a business
9 offense............................................ $25
10 (4) Each person convicted of a petty offense. $25
11 (5) Minor traffic, conservation, or
12 ordinance violation, including without limitation
13 when the disposition is court supervision:
14 (i) For each offense.................... $10
15 (ii) For each notice sent to the
16 defendant's last known address pursuant to
17 subsection (c) of Section 6-306.4 of the Illinois
18 Vehicle Code....................................... $2
19 (iii) For each notice sent to the
20 Secretary of State pursuant to subsection (c) of
21 Section 6-306.4 of the Illinois Vehicle Code....... $2
22 (6) When Court Appearance required........... $15
23 (7) Motions to vacate or amend final orders.. $10
24 (8) In ordinance violation cases punishable
25 by fine only, the clerk of the circuit court shall
26 be entitled to receive, unless the fee is excused
27 upon a finding by the court that the defendant is
28 indigent, in addition to other fees or costs
29 allowed or imposed by law, the sum of $62.50 as a
30 fee for the services of a jury. The jury fee shall
31 be paid by the defendant at the time of filing his
32 or her jury demand. If the fee is not so paid by
33 the defendant, no jury shall be called, and the
34 case shall be tried by the court without a jury.
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1 (d) Other Civil Cases.
2 (1) Money or personal property claimed does
3 not exceed $500.................................... $10
4 (2) Exceeds $500 but not more than $10,000... $25
5 (3) Exceeds $10,000, when relief in addition
6 to or supplemental to recovery of money alone is
7 sought in an action to recover personal property
8 taxes or retailers occupational tax regardless of
9 amount claimed..................................... $45
10 (4) The Clerk of the Circuit Court shall be
11 entitled to receive, in addition to other fees
12 allowed by law, the sum of $62.50, as a fee for the
13 services of a jury in every civil action not
14 quasi-criminal in its nature and not a proceeding
15 for the exercise of the right of eminent domain,
16 and in every equitable action wherein the right of
17 trial by jury is or may be given by law. The jury
18 fee shall be paid by the party demanding a jury at
19 the time of filing his jury demand. If such a fee
20 is not paid by either party, no jury shall be
21 called in the action, suit, or proceeding, and the
22 same shall be tried by the court without a jury.
23 (e) Confession of judgment and answer.
24 (1) When the amount does not exceed $1,000... $20
25 (2) Exceeds $1,000........................... $40
26 (f) Auxiliary Proceedings.
27 Any auxiliary proceeding relating to the
28 collection of a money judgment, including
29 garnishment, citation, or wage deduction action.... $5
30 (g) Forcible entry and detainer.
31 (1) For possession only or possession and
32 rent not in excess of $10,000...................... $10
33 (2) For possession and rent in excess of
34 $10,000............................................ $40
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1 (h) Eminent Domain.
2 (1) Exercise of Eminent Domain............... $45
3 (2) For each and every lot or tract of land
4 or right or interest therein subject to be
5 condemned, the damages in respect to which shall
6 require separate assessments by a jury............. $45
7 (i) Reinstatement.
8 Each case including petition for modification
9 of a judgment or order of Court if filed later than
10 30 days after the entry of a judgment or order,
11 except in forcible entry and detainer cases and
12 small claims and except a petition to modify,
13 terminate, or enforce a judgement or order for
14 child or spousal support or to modify, suspend, or
15 terminate an order for withholding, petition to
16 vacate judgment of dismissal for want of
17 prosecution whenever filed, petition to reopen an
18 estate, or redocketing of any cause................ $20
19 (j) Probate.
20 (1) Administration of decedent's estates,
21 whether testate or intestate, guardianships of the
22 person or estate or both of a person under legal
23 disability, guardianships of the person or estate
24 or both of a minor or minors, or petitions to sell
25 real estate in the administration of any estate.... $50
26 (2) Small estates in cases where the real and
27 personal property of an estate does not exceed
28 $5,000............................................. $25
29 (3) At any time during the administration of
30 the estate, however, at the request of the Clerk,
31 the Court shall examine the record of the estate
32 and the personal representative to determine the
33 total value of the real and personal property of
34 the estate, and if such value exceeds $5,000 shall
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1 order the payment of an additional fee in the
2 amount of.......................................... $40
3 (4) Inheritance tax proceedings.............. $15
4 (5) Issuing letters only for a certain
5 specific reason other than the administration of an
6 estate, including but not limited to the release of
7 mortgage; the issue of letters of guardianship in
8 order that consent to marriage may be granted or
9 for some other specific reason other than for the
10 care of property or person; proof of heirship
11 without administration; or when a will is to be
12 admitted to probate, but the estate is to be
13 settled without administration..................... $10
14 (6) When a separate complaint relating to any
15 matter other than a routine claim is filed in an
16 estate, the required additional fee shall be
17 charged for such filing............................ $45
18 (k) Change of Venue.
19 From a court, the charge is the same amount as
20 the original filing fee; however, the fee for
21 preparation and certification of record on change
22 of venue, when original documents or copies are
23 forwarded.......................................... $10
24 (l) Answer, adverse pleading, or appearance.
25 In civil cases................................ $15
26 With the following exceptions:
27 (1) When the amount does not exceed $500..... $5
28 (2) When amount exceeds $500 but not $10,000. $10
29 (3) When amount exceeds $10,000.............. $15
30 (4) Court appeals when documents are
31 forwarded, over 200 pages, additional fee per page
32 over 200........................................... 10¢
33 (m) Tax objection complaints.
34 For each tax objection complaint containing
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1 one or more tax objections, regardless of the
2 number of parcels involved or the number of
3 taxpayers joining the complaint.................... $10
4 (n) Tax deed.
5 (1) Petition for tax deed, if only one parcel
6 is involved........................................ $45
7 (2) For each additional parcel involved, an
8 additional fee of.................................. $10
9 (o) Mailing Notices and Processes.
10 (1) All notices that the clerk is required to
11 mail as first class mail........................... $2
12 (2) For all processes or notices the Clerk is
13 required to mail by certified or registered mail,
14 the fee will be $2 plus cost of postage.
15 (p) Certification or Authentication.
16 (1) Each certification or authentication for
17 taking the acknowledgement of a deed or other
18 instrument in writing with seal of office.......... $2
19 (2) Court appeals when original documents are
20 forwarded, 100 pages or under, plus delivery costs. $25
21 (3) Court appeals when original documents are
22 forwarded, over 100 pages, plus delivery costs..... $60
23 (4) Court appeals when original documents are
24 forwarded, over 200 pages, additional fee per page
25 over 200........................................... 10¢
26 (q) Reproductions.
27 Each record of proceedings and judgment,
28 whether on appeal, change of venue, certified
29 copies of orders and judgments, and all other
30 instruments, documents, records, or papers:
31 (1) First page.......................... $1
32 (2) Next 19 pages, per page............. 50¢
33 (3) All remaining pages, per page....... 25¢
34 (r) Counterclaim.
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1 When any defendant files a counterclaim as
2 part of his or her answer or otherwise, or joins
3 another party as a third party defendant, or both,
4 he or she shall pay a fee for each such
5 counterclaim or third party action in an amount
6 equal to the fee he or she would have had to pay
7 had he or she brought a separate action for the
8 relief sought in the counterclaim or against the
9 third party defendant, less the amount of the
10 appearance fee, if that has been paid.
11 (s) Transcript of Judgment.
12 From a court, the same fee as if case
13 originally filed.
14 (t) Publications.
15 The cost of publication shall be paid directly
16 to the publisher by the person seeking the
17 publication, whether the clerk is required by law
18 to publish, or the parties to the action.
19 (u) Collections.
20 (1) For all collections made for others,
21 except the State and County and except in
22 maintenance or child support cases, a sum equal to
23 2% of the amount collected and turned over.
24 (2) In any cases remanded to the Circuit
25 Court from the Supreme Court or the Appellate
26 Court, the Clerk shall file the remanding order and
27 reinstate the case with either its original number
28 or a new number. The Clerk shall not charge any
29 new or additional fee for the reinstatement. Upon
30 reinstatement the Clerk shall advise the parties of
31 the reinstatement. A party shall have the same
32 right to a jury trial on remand and reinstatement
33 as he or she had before the appeal, and no
34 additional or new fee or charge shall be made for a
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1 jury trial after remand.
2 (3) In maintenance and child support matters,
3 the Clerk may deduct from each payment an amount
4 equal to the United States postage to be used in
5 mailing the maintenance or child support check to
6 the recipient. In such cases, the Clerk shall
7 collect an annual fee of up to $36 from the person
8 making such payment for maintaining child support
9 records and the processing of support orders to the
10 State of Illinois KIDS system and the recording of
11 payments issued by the State Disbursement Unit for
12 the official record of the Court. Such sum shall be
13 in addition to and separate from amounts ordered to
14 be paid as maintenance or child support and shall
15 be deposited in a separate Maintenance and Child
16 Support Collection Fund of which the Clerk shall be
17 the custodian, ex officio, to be used by the Clerk
18 to maintain child support orders and record all
19 payments issued by the State Disbursement Unit for
20 the official record of the Court. Unless paid in
21 cash or pursuant to an order for withholding, the
22 payment of the fee shall be by a separate
23 instrument from the support payment and shall be
24 made to the order of the Clerk. The Clerk may
25 recover from the person making the maintenance or
26 child support payment any additional cost incurred
27 in the collection of this annual fee.
28 (4) Interest earned on any funds held by the
29 clerk shall be turned over to the county general
30 fund as an earning of the office.
31 The Clerk shall also be entitled to a fee of
32 $5 for certifications made to the Secretary of
33 State as provided in Section 7-703 of the Family
34 Financial Responsibility Law and these fees shall
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1 also be deposited into the Separate Maintenance and
2 Child Support Collection Fund.
3 (v) Correction of Cases.
4 For correcting the case number or case title
5 on any document filed in his office, to be charged
6 against the party that filed the document.......... $10
7 (w) Record Search.
8 For searching a record, per year searched..... $4
9 (x) Printed Output.
10 For each page of hard copy print output, when
11 case records are maintained on an automated medium. $2
12 (y) Alias Summons.
13 For each alias summons issued................. $2
14 (z) Expungement of Records.
15 For each expungement petition filed........... $15
16 (aa) Other Fees.
17 Any fees not covered by this Section shall be set by
18 rule or administrative order of the Circuit Court, with
19 the approval of the Supreme Court.
20 (bb) Exemptions.
21 No fee provided for herein shall be charged to any
22 unit of State or local government or school district
23 unless the Court orders another party to pay such fee on
24 its behalf. The fee requirements of this Section shall
25 not apply to police departments or other law enforcement
26 agencies. In this Section, "law enforcement agency" means
27 an agency of the State or a unit of local government that
28 is vested by law or ordinance with the duty to maintain
29 public order and to enforce criminal laws and ordinances.
30 The fee requirements of this Section shall not apply to
31 any action instituted under subsection (b) of Section
32 11-31-1 of the Illinois Municipal Code by a private owner
33 or tenant of real property within 1200 feet of a
34 dangerous or unsafe building seeking an order compelling
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1 the owner or owners of the building to take any of the
2 actions authorized under that subsection.
3 No fee provided for in this Section shall be charged
4 in connection with the filing of any commitment petition
5 or petition for an order authorizing the administration
6 of authorized involuntary treatment in the form of
7 medication under the Mental Health and Developmental
8 Disabilities Code.
9 (cc) Adoptions.
10 (1) For an adoption.............................$65
11 (2) Upon good cause shown, the court may waive the
12 adoption filing fee in a special needs adoption. The
13 term "special needs adoption" shall have the meaning
14 ascribed to it by the Illinois Department of Children and
15 Family Services.
16 (dd) Adoption exemptions.
17 No fee other than that set forth in subsection (cc)
18 shall be charged to any person in connection with an
19 adoption proceeding.
20 (ee) Additional Services.
21 Beginning July 1, 1993, the clerk of the circuit
22 court may provide such additional services for which
23 there is no fee specified by statute in connection with
24 the operation of the clerk's office as may be requested
25 by the public and agreed to by the public and by the
26 clerk and approved by the chief judge of the circuit
27 court. Any charges for additional services shall be as
28 agreed to between the clerk and the party making the
29 request and approved by the chief judge of the circuit
30 court. Nothing in this subsection shall be construed to
31 require any clerk to provide any service not otherwise
32 required by law.
33 (ff) Returned checks.
34 For each check delivered to the clerk that is not
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1 honored on 2 occasions by the financial institution upon
2 which it is drawn because of insufficient funds in the
3 account, because the account is closed, because there is
4 no account, or because a stop payment has been placed on
5 the check, in addition to the amount already owed....$25.
6 (Source: P.A. 91-165, eff. 7-16-99; 91-321, eff. 1-1-00;
7 91-357, eff. 7-29-99; 91-612, eff. 10-1-99; 92-16, eff.
8 6-28-01; 92-114, eff. 1-1-02.)
9 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
10 Sec. 27.1a. The fees of the clerks of the circuit court
11 in all counties having a population in excess of 180,000 but
12 not more than 500,000 inhabitants in the instances described
13 in this Section shall be as provided in this Section. The
14 fees shall be paid in advance and shall be as follows:
15 (a) Civil Cases.
16 The fee for filing a complaint, petition, or other
17 pleading initiating a civil action, with the following
18 exceptions, shall be $150.
19 (A) When the amount of money or damages or the
20 value of personal property claimed does not exceed
21 $250, $10.
22 (B) When that amount exceeds $250 but does not
23 exceed $500, $20.
24 (C) When that amount exceeds $500 but does not
25 exceed $2500, $30.
26 (D) When that amount exceeds $2500 but does
27 not exceed $15,000, $75.
28 (E) For the exercise of eminent domain, $150.
29 For each additional lot or tract of land or right or
30 interest therein subject to be condemned, the
31 damages in respect to which shall require separate
32 assessment by a jury, $150.
33 (a-1) Family.
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1 For filing a petition under the Juvenile Court Act
2 of 1987, $25.
3 For filing a petition for a marriage license, $10.
4 For performing a marriage in court, $10.
5 For filing a petition under the Illinois Parentage
6 Act of 1984, $40.
7 (b) Forcible Entry and Detainer.
8 In each forcible entry and detainer case when the
9 plaintiff seeks possession only or unites with his or her
10 claim for possession of the property a claim for rent or
11 damages or both in the amount of $15,000 or less, $40.
12 When the plaintiff unites his or her claim for possession
13 with a claim for rent or damages or both exceeding
14 $15,000, $150.
15 (c) Counterclaim or Joining Third Party Defendant.
16 When any defendant files a counterclaim as part of
17 his or her answer or otherwise or joins another party as
18 a third party defendant, or both, the defendant shall pay
19 a fee for each counterclaim or third party action in an
20 amount equal to the fee he or she would have had to pay
21 had he or she brought a separate action for the relief
22 sought in the counterclaim or against the third party
23 defendant, less the amount of the appearance fee, if that
24 has been paid.
25 (d) Confession of Judgment.
26 In a confession of judgment when the amount does not
27 exceed $1500, $50. When the amount exceeds $1500, but
28 does not exceed $15,000, $115. When the amount exceeds
29 $15,000, $200.
30 (e) Appearance.
31 The fee for filing an appearance in each civil case
32 shall be $50, except as follows:
33 (A) When the plaintiff in a forcible entry and
34 detainer case seeks possession only, $20.
-19- LRB093 06333 DRJ 13246 a
1 (B) When the amount in the case does not
2 exceed $1500, $20.
3 (C) When that amount exceeds $1500 but does
4 not exceed $15,000, $40.
5 (f) Garnishment, Wage Deduction, and Citation.
6 In garnishment affidavit, wage deduction affidavit,
7 and citation petition when the amount does not exceed
8 $1,000, $10; when the amount exceeds $1,000 but does not
9 exceed $5,000, $20; and when the amount exceeds $5,000,
10 $30.
11 (g) Petition to Vacate or Modify.
12 (1) Petition to vacate or modify any final judgment
13 or order of court, except in forcible entry and detainer
14 cases and small claims cases or a petition to reopen an
15 estate, to modify, terminate, or enforce a judgment or
16 order for child or spousal support, or to modify,
17 suspend, or terminate an order for withholding, if filed
18 before 30 days after the entry of the judgment or order,
19 $40.
20 (2) Petition to vacate or modify any final judgment
21 or order of court, except a petition to modify,
22 terminate, or enforce a judgment or order for child or
23 spousal support or to modify, suspend, or terminate an
24 order for withholding, if filed later than 30 days after
25 the entry of the judgment or order, $60.
26 (3) Petition to vacate order of bond forfeiture,
27 $20.
28 (h) Mailing.
29 When the clerk is required to mail, the fee will be
30 $6, plus the cost of postage.
31 (i) Certified Copies.
32 Each certified copy of a judgment after the first,
33 except in small claims and forcible entry and detainer
34 cases, $10.
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1 (j) Habeas Corpus.
2 For filing a petition for relief by habeas corpus,
3 $80.
4 (k) Certification, Authentication, and Reproduction.
5 (1) Each certification or authentication for taking
6 the acknowledgment of a deed or other instrument in
7 writing with the seal of office, $4.
8 (2) Court appeals when original documents are
9 forwarded, under 100 pages, plus delivery and costs, $50.
10 (3) Court appeals when original documents are
11 forwarded, over 100 pages, plus delivery and costs, $120.
12 (4) Court appeals when original documents are
13 forwarded, over 200 pages, an additional fee of 20 cents
14 per page.
15 (5) For reproduction of any document contained in
16 the clerk's files:
17 (A) First page, $2.
18 (B) Next 19 pages, 50 cents per page.
19 (C) All remaining pages, 25 cents per page.
20 (l) Remands.
21 In any cases remanded to the Circuit Court from the
22 Supreme Court or the Appellate Court for a new trial, the
23 clerk shall file the remanding order and reinstate the
24 case with either its original number or a new number. The
25 Clerk shall not charge any new or additional fee for the
26 reinstatement. Upon reinstatement the Clerk shall advise
27 the parties of the reinstatement. A party shall have the
28 same right to a jury trial on remand and reinstatement as
29 he or she had before the appeal, and no additional or new
30 fee or charge shall be made for a jury trial after
31 remand.
32 (m) Record Search.
33 For each record search, within a division or
34 municipal district, the clerk shall be entitled to a
-21- LRB093 06333 DRJ 13246 a
1 search fee of $4 for each year searched.
2 (n) Hard Copy.
3 For each page of hard copy print output, when case
4 records are maintained on an automated medium, the clerk
5 shall be entitled to a fee of $4.
6 (o) Index Inquiry and Other Records.
7 No fee shall be charged for a single
8 plaintiff/defendant index inquiry or single case record
9 inquiry when this request is made in person and the
10 records are maintained in a current automated medium, and
11 when no hard copy print output is requested. The fees to
12 be charged for management records, multiple case records,
13 and multiple journal records may be specified by the
14 Chief Judge pursuant to the guidelines for access and
15 dissemination of information approved by the Supreme
16 Court.
17 (p) (Blank).Commitment Petitions.
18 For filing commitment petitions under the Mental
19 Health and Developmental Disabilities Code and for filing
20 a transcript of commitment proceedings held in another
21 county, $25.
22 (q) Alias Summons.
23 For each alias summons or citation issued by the
24 clerk, $4.
25 (r) Other Fees.
26 Any fees not covered in this Section shall be set by
27 rule or administrative order of the Circuit Court with
28 the approval of the Administrative Office of the Illinois
29 Courts.
30 The clerk of the circuit court may provide
31 additional services for which there is no fee specified
32 by statute in connection with the operation of the
33 clerk's office as may be requested by the public and
34 agreed to by the clerk and approved by the chief judge of
-22- LRB093 06333 DRJ 13246 a
1 the circuit court. Any charges for additional services
2 shall be as agreed to between the clerk and the party
3 making the request and approved by the chief judge of the
4 circuit court. Nothing in this subsection shall be
5 construed to require any clerk to provide any service not
6 otherwise required by law.
7 (s) Jury Services.
8 The clerk shall be entitled to receive, in addition
9 to other fees allowed by law, the sum of $192.50, as a
10 fee for the services of a jury in every civil action not
11 quasi-criminal in its nature and not a proceeding for the
12 exercise of the right of eminent domain and in every
13 other action wherein the right of trial by jury is or may
14 be given by law. The jury fee shall be paid by the party
15 demanding a jury at the time of filing the jury demand.
16 If the fee is not paid by either party, no jury shall be
17 called in the action or proceeding, and the same shall be
18 tried by the court without a jury.
19 (t) Voluntary Assignment.
20 For filing each deed of voluntary assignment, $10;
21 for recording the same, 25¢ for each 100 words.
22 Exceptions filed to claims presented to an assignee of a
23 debtor who has made a voluntary assignment for the
24 benefit of creditors shall be considered and treated, for
25 the purpose of taxing costs therein, as actions in which
26 the party or parties filing the exceptions shall be
27 considered as party or parties plaintiff, and the
28 claimant or claimants as party or parties defendant, and
29 those parties respectively shall pay to the clerk the
30 same fees as provided by this Section to be paid in other
31 actions.
32 (u) Expungement Petition.
33 The clerk shall be entitled to receive a fee of $30
34 for each expungement petition filed and an additional fee
-23- LRB093 06333 DRJ 13246 a
1 of $2 for each certified copy of an order to expunge
2 arrest records.
3 (v) Probate.
4 The clerk is entitled to receive the fees specified
5 in this subsection (v), which shall be paid in advance,
6 except that, for good cause shown, the court may suspend,
7 reduce, or release the costs payable under this
8 subsection:
9 (1) For administration of the estate of a decedent
10 (whether testate or intestate) or of a missing person,
11 $100, plus the fees specified in subsection (v)(3),
12 except:
13 (A) When the value of the real and personal
14 property does not exceed $15,000, the fee shall be
15 $25.
16 (B) When (i) proof of heirship alone is made,
17 (ii) a domestic or foreign will is admitted to
18 probate without administration (including proof of
19 heirship), or (iii) letters of office are issued for
20 a particular purpose without administration of the
21 estate, the fee shall be $25.
22 (2) For administration of the estate of a ward,
23 $50, plus the fees specified in subsection (v)(3),
24 except:
25 (A) When the value of the real and personal
26 property does not exceed $15,000, the fee shall be
27 $25.
28 (B) When (i) letters of office are issued to a
29 guardian of the person or persons, but not of the
30 estate or (ii) letters of office are issued in the
31 estate of a ward without administration of the
32 estate, including filing or joining in the filing of
33 a tax return or releasing a mortgage or consenting
34 to the marriage of the ward, the fee shall be $10.
-24- LRB093 06333 DRJ 13246 a
1 (3) In addition to the fees payable under
2 subsection (v)(1) or (v)(2) of this Section, the
3 following fees are payable:
4 (A) For each account (other than one final
5 account) filed in the estate of a decedent, or ward,
6 $15.
7 (B) For filing a claim in an estate when the
8 amount claimed is $150 or more but less than $500,
9 $10; when the amount claimed is $500 or more but
10 less than $10,000, $25; when the amount claimed is
11 $10,000 or more, $40; provided that the court in
12 allowing a claim may add to the amount allowed the
13 filing fee paid by the claimant.
14 (C) For filing in an estate a claim, petition,
15 or supplemental proceeding based upon an action
16 seeking equitable relief including the construction
17 or contest of a will, enforcement of a contract to
18 make a will, and proceedings involving testamentary
19 trusts or the appointment of testamentary trustees,
20 $40.
21 (D) For filing in an estate (i) the appearance
22 of any person for the purpose of consent or (ii) the
23 appearance of an executor, administrator,
24 administrator to collect, guardian, guardian ad
25 litem, or special administrator, no fee.
26 (E) Except as provided in subsection
27 (v)(3)(D), for filing the appearance of any person
28 or persons, $10.
29 (F) For each jury demand, $102.50.
30 (G) For disposition of the collection of a
31 judgment or settlement of an action or claim for
32 wrongful death of a decedent or of any cause of
33 action of a ward, when there is no other
34 administration of the estate, $30, less any amount
-25- LRB093 06333 DRJ 13246 a
1 paid under subsection (v)(1)(B) or (v)(2)(B) except
2 that if the amount involved does not exceed $5,000,
3 the fee, including any amount paid under subsection
4 (v)(1)(B) or (v)(2)(B), shall be $10.
5 (H) For each certified copy of letters of
6 office, of court order or other certification, $1,
7 plus 50¢ per page in excess of 3 pages for the
8 document certified.
9 (I) For each exemplification, $1, plus the fee
10 for certification.
11 (4) The executor, administrator, guardian,
12 petitioner, or other interested person or his or her
13 attorney shall pay the cost of publication by the clerk
14 directly to the newspaper.
15 (5) The person on whose behalf a charge is incurred
16 for witness, court reporter, appraiser, or other
17 miscellaneous fee shall pay the same directly to the
18 person entitled thereto.
19 (6) The executor, administrator, guardian,
20 petitioner, or other interested person or his or her
21 attorney shall pay to the clerk all postage charges
22 incurred by the clerk in mailing petitions, orders,
23 notices, or other documents pursuant to the provisions of
24 the Probate Act of 1975.
25 (w) Criminal and Quasi-Criminal Costs and Fees.
26 (1) The clerk shall be entitled to costs in all
27 criminal and quasi-criminal cases from each person
28 convicted or sentenced to supervision therein as follows:
29 (A) Felony complaints, $80.
30 (B) Misdemeanor complaints, $50.
31 (C) Business offense complaints, $50.
32 (D) Petty offense complaints, $50.
33 (E) Minor traffic or ordinance violations,
34 $20.
-26- LRB093 06333 DRJ 13246 a
1 (F) When court appearance required, $30.
2 (G) Motions to vacate or amend final orders,
3 $20.
4 (H) Motions to vacate bond forfeiture orders,
5 $20.
6 (I) Motions to vacate ex parte judgments,
7 whenever filed, $20.
8 (J) Motions to vacate judgment on forfeitures,
9 whenever filed, $20.
10 (K) Motions to vacate "failure to appear" or
11 "failure to comply" notices sent to the Secretary of
12 State, $20.
13 (2) In counties having a population in excess of
14 180,000 but not more than 500,000 inhabitants, when the
15 violation complaint is issued by a municipal police
16 department, the clerk shall be entitled to costs from
17 each person convicted therein as follows:
18 (A) Minor traffic or ordinance violations,
19 $10.
20 (B) When court appearance required, $15.
21 (3) In ordinance violation cases punishable by fine
22 only, the clerk of the circuit court shall be entitled to
23 receive, unless the fee is excused upon a finding by the
24 court that the defendant is indigent, in addition to
25 other fees or costs allowed or imposed by law, the sum of
26 $62.50 as a fee for the services of a jury. The jury fee
27 shall be paid by the defendant at the time of filing his
28 or her jury demand. If the fee is not so paid by the
29 defendant, no jury shall be called, and the case shall be
30 tried by the court without a jury.
31 (x) Transcripts of Judgment.
32 For the filing of a transcript of judgment, the
33 clerk shall be entitled to the same fee as if it were the
34 commencement of a new suit.
-27- LRB093 06333 DRJ 13246 a
1 (y) Change of Venue.
2 (1) For the filing of a change of case on a change
3 of venue, the clerk shall be entitled to the same fee as
4 if it were the commencement of a new suit.
5 (2) The fee for the preparation and certification
6 of a record on a change of venue to another jurisdiction,
7 when original documents are forwarded, $25.
8 (z) Tax objection complaints.
9 For each tax objection complaint containing one or
10 more tax objections, regardless of the number of parcels
11 involved or the number of taxpayers joining on the
12 complaint, $25.
13 (aa) Tax Deeds.
14 (1) Petition for tax deed, if only one parcel is
15 involved, $150.
16 (2) For each additional parcel, add a fee of $50.
17 (bb) Collections.
18 (1) For all collections made of others, except the
19 State and county and except in maintenance or child
20 support cases, a sum equal to 2.5% of the amount
21 collected and turned over.
22 (2) Interest earned on any funds held by the clerk
23 shall be turned over to the county general fund as an
24 earning of the office.
25 (3) For any check, draft, or other bank instrument
26 returned to the clerk for non-sufficient funds, account
27 closed, or payment stopped, $25.
28 (4) In child support and maintenance cases, the
29 clerk, if authorized by an ordinance of the county board,
30 may collect an annual fee of up to $36 from the person
31 making payment for maintaining child support records and
32 the processing of support orders to the State of Illinois
33 KIDS system and the recording of payments issued by the
34 State Disbursement Unit for the official record of the
-28- LRB093 06333 DRJ 13246 a
1 Court. This fee shall be in addition to and separate
2 from amounts ordered to be paid as maintenance or child
3 support and shall be deposited into a Separate
4 Maintenance and Child Support Collection Fund, of which
5 the clerk shall be the custodian, ex-officio, to be used
6 by the clerk to maintain child support orders and record
7 all payments issued by the State Disbursement Unit for
8 the official record of the Court. The clerk may recover
9 from the person making the maintenance or child support
10 payment any additional cost incurred in the collection
11 of this annual fee.
12 The clerk shall also be entitled to a fee of $5 for
13 certifications made to the Secretary of State as provided
14 in Section 7-703 of the Family Financial Responsibility
15 Law and these fees shall also be deposited into the
16 Separate Maintenance and Child Support Collection Fund.
17 (cc) Corrections of Numbers.
18 For correction of the case number, case title, or
19 attorney computer identification number, if required by
20 rule of court, on any document filed in the clerk's
21 office, to be charged against the party that filed the
22 document, $15.
23 (dd) Exceptions.
24 (1) The fee requirements of this Section shall not
25 apply to police departments or other law enforcement
26 agencies. In this Section, "law enforcement agency"
27 means an agency of the State or a unit of local
28 government which is vested by law or ordinance with the
29 duty to maintain public order and to enforce criminal
30 laws or ordinances. "Law enforcement agency" also means
31 the Attorney General or any state's attorney.
32 (2) No fee provided herein shall be charged to any
33 unit of local government or school district.
34 (3) The fee requirements of this Section shall not
-29- LRB093 06333 DRJ 13246 a
1 apply to any action instituted under subsection (b) of
2 Section 11-31-1 of the Illinois Municipal Code by a
3 private owner or tenant of real property within 1200 feet
4 of a dangerous or unsafe building seeking an order
5 compelling the owner or owners of the building to take
6 any of the actions authorized under that subsection.
7 (4) The fee requirements of this Section shall not
8 apply to the filing of any commitment petition or
9 petition for an order authorizing the administration of
10 authorized involuntary treatment in the form of
11 medication under the Mental Health and Developmental
12 Disabilities Code.
13 (ee) Adoptions.
14 (1) For an adoption.............................$65
15 (2) Upon good cause shown, the court may waive the
16 adoption filing fee in a special needs adoption. The
17 term "special needs adoption" shall have the meaning
18 ascribed to it by the Illinois Department of Children and
19 Family Services.
20 (ff) Adoption exemptions.
21 No fee other than that set forth in subsection (ee)
22 shall be charged to any person in connection with an
23 adoption proceeding.
24 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
25 92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)
26 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
27 Sec. 27.2. The fees of the clerks of the circuit court
28 in all counties having a population in excess of 500,000
29 inhabitants but less than 3,000,000 inhabitants in the
30 instances described in this Section shall be as provided in
31 this Section. In those instances where a minimum and maximum
32 fee is stated, counties with more than 500,000 inhabitants
33 but less than 3,000,000 inhabitants must charge the minimum
-30- LRB093 06333 DRJ 13246 a
1 fee listed in this Section and may charge up to the maximum
2 fee if the county board has by resolution increased the fee.
3 In addition, the minimum fees authorized in this Section
4 shall apply to all units of local government and school
5 districts in counties with more than 3,000,000 inhabitants.
6 The fees shall be paid in advance and shall be as follows:
7 (a) Civil Cases.
8 The fee for filing a complaint, petition, or other
9 pleading initiating a civil action, with the following
10 exceptions, shall be a minimum of $150 and a maximum of
11 $190.
12 (A) When the amount of money or damages or the
13 value of personal property claimed does not exceed
14 $250, a minimum of $10 and a maximum of $15.
15 (B) When that amount exceeds $250 but does not
16 exceed $1,000, a minimum of $20 and a maximum of
17 $40.
18 (C) When that amount exceeds $1,000 but does
19 not exceed $2500, a minimum of $30 and a maximum of
20 $50.
21 (D) When that amount exceeds $2500 but does
22 not exceed $5,000, a minimum of $75 and a maximum of
23 $100.
24 (D-5) When the amount exceeds $5,000 but does
25 not exceed $15,000, a minimum of $75 and a maximum
26 of $150.
27 (E) For the exercise of eminent domain, $150.
28 For each additional lot or tract of land or right or
29 interest therein subject to be condemned, the
30 damages in respect to which shall require separate
31 assessment by a jury, $150.
32 (b) Forcible Entry and Detainer.
33 In each forcible entry and detainer case when the
34 plaintiff seeks possession only or unites with his or her
-31- LRB093 06333 DRJ 13246 a
1 claim for possession of the property a claim for rent or
2 damages or both in the amount of $15,000 or less, a
3 minimum of $40 and a maximum of $75. When the plaintiff
4 unites his or her claim for possession with a claim for
5 rent or damages or both exceeding $15,000, a minimum of
6 $150 and a maximum of $225.
7 (c) Counterclaim or Joining Third Party Defendant.
8 When any defendant files a counterclaim as part of
9 his or her answer or otherwise or joins another party as
10 a third party defendant, or both, the defendant shall pay
11 a fee for each counterclaim or third party action in an
12 amount equal to the fee he or she would have had to pay
13 had he or she brought a separate action for the relief
14 sought in the counterclaim or against the third party
15 defendant, less the amount of the appearance fee, if that
16 has been paid.
17 (d) Confession of Judgment.
18 In a confession of judgment when the amount does not
19 exceed $1500, a minimum of $50 and a maximum of $60.
20 When the amount exceeds $1500, but does not exceed
21 $5,000, $75. When the amount exceeds $5,000, but does not
22 exceed $15,000, $175. When the amount exceeds $15,000, a
23 minimum of $200 and a maximum of $250.
24 (e) Appearance.
25 The fee for filing an appearance in each civil case
26 shall be a minimum of $50 and a maximum of $75, except as
27 follows:
28 (A) When the plaintiff in a forcible entry and
29 detainer case seeks possession only, a minimum of
30 $20 and a maximum of $40.
31 (B) When the amount in the case does not
32 exceed $1500, a minimum of $20 and a maximum of $40.
33 (C) When the amount in the case exceeds $1500
34 but does not exceed $15,000, a minimum of $40 and a
-32- LRB093 06333 DRJ 13246 a
1 maximum of $60.
2 (f) Garnishment, Wage Deduction, and Citation.
3 In garnishment affidavit, wage deduction affidavit,
4 and citation petition when the amount does not exceed
5 $1,000, a minimum of $10 and a maximum of $15; when the
6 amount exceeds $1,000 but does not exceed $5,000, a
7 minimum of $20 and a maximum of $30; and when the amount
8 exceeds $5,000, a minimum of $30 and a maximum of $50.
9 (g) Petition to Vacate or Modify.
10 (1) Petition to vacate or modify any final judgment
11 or order of court, except in forcible entry and detainer
12 cases and small claims cases or a petition to reopen an
13 estate, to modify, terminate, or enforce a judgment or
14 order for child or spousal support, or to modify,
15 suspend, or terminate an order for withholding, if filed
16 before 30 days after the entry of the judgment or order,
17 a minimum of $40 and a maximum of $50.
18 (2) Petition to vacate or modify any final judgment
19 or order of court, except a petition to modify,
20 terminate, or enforce a judgment or order for child or
21 spousal support or to modify, suspend, or terminate an
22 order for withholding, if filed later than 30 days after
23 the entry of the judgment or order, a minimum of $60 and
24 a maximum of $75.
25 (3) Petition to vacate order of bond forfeiture, a
26 minimum of $20 and a maximum of $40.
27 (h) Mailing.
28 When the clerk is required to mail, the fee will be
29 a minimum of $6 and a maximum of $10, plus the cost of
30 postage.
31 (i) Certified Copies.
32 Each certified copy of a judgment after the first,
33 except in small claims and forcible entry and detainer
34 cases, a minimum of $10 and a maximum of $15.
-33- LRB093 06333 DRJ 13246 a
1 (j) Habeas Corpus.
2 For filing a petition for relief by habeas corpus, a
3 minimum of $80 and a maximum of $125.
4 (k) Certification, Authentication, and Reproduction.
5 (1) Each certification or authentication for taking
6 the acknowledgment of a deed or other instrument in
7 writing with the seal of office, a minimum of $4 and a
8 maximum of $6.
9 (2) Court appeals when original documents are
10 forwarded, under 100 pages, plus delivery and costs, a
11 minimum of $50 and a maximum of $75.
12 (3) Court appeals when original documents are
13 forwarded, over 100 pages, plus delivery and costs, a
14 minimum of $120 and a maximum of $150.
15 (4) Court appeals when original documents are
16 forwarded, over 200 pages, an additional fee of a minimum
17 of 20 and a maximum of 25 cents per page.
18 (5) For reproduction of any document contained in
19 the clerk's files:
20 (A) First page, $2.
21 (B) Next 19 pages, 50 cents per page.
22 (C) All remaining pages, 25 cents per page.
23 (l) Remands.
24 In any cases remanded to the Circuit Court from the
25 Supreme Court or the Appellate Court for a new trial, the
26 clerk shall file the remanding order and reinstate the
27 case with either its original number or a new number. The
28 Clerk shall not charge any new or additional fee for the
29 reinstatement. Upon reinstatement the Clerk shall advise
30 the parties of the reinstatement. A party shall have the
31 same right to a jury trial on remand and reinstatement as
32 he or she had before the appeal, and no additional or new
33 fee or charge shall be made for a jury trial after
34 remand.
-34- LRB093 06333 DRJ 13246 a
1 (m) Record Search.
2 For each record search, within a division or
3 municipal district, the clerk shall be entitled to a
4 search fee of a minimum of $4 and a maximum of $6 for
5 each year searched.
6 (n) Hard Copy.
7 For each page of hard copy print output, when case
8 records are maintained on an automated medium, the clerk
9 shall be entitled to a fee of a minimum of $4 and a
10 maximum of $6.
11 (o) Index Inquiry and Other Records.
12 No fee shall be charged for a single
13 plaintiff/defendant index inquiry or single case record
14 inquiry when this request is made in person and the
15 records are maintained in a current automated medium, and
16 when no hard copy print output is requested. The fees to
17 be charged for management records, multiple case records,
18 and multiple journal records may be specified by the
19 Chief Judge pursuant to the guidelines for access and
20 dissemination of information approved by the Supreme
21 Court.
22 (p) (Blank).Commitment Petitions.
23 For filing commitment petitions under the Mental
24 Health and Developmental Disabilities Code, a minimum of
25 $25 and a maximum of $50.
26 (q) Alias Summons.
27 For each alias summons or citation issued by the
28 clerk, a minimum of $4 and a maximum of $5.
29 (r) Other Fees.
30 Any fees not covered in this Section shall be set by
31 rule or administrative order of the Circuit Court with
32 the approval of the Administrative Office of the Illinois
33 Courts.
34 The clerk of the circuit court may provide
-35- LRB093 06333 DRJ 13246 a
1 additional services for which there is no fee specified
2 by statute in connection with the operation of the
3 clerk's office as may be requested by the public and
4 agreed to by the clerk and approved by the chief judge of
5 the circuit court. Any charges for additional services
6 shall be as agreed to between the clerk and the party
7 making the request and approved by the chief judge of the
8 circuit court. Nothing in this subsection shall be
9 construed to require any clerk to provide any service not
10 otherwise required by law.
11 (s) Jury Services.
12 The clerk shall be entitled to receive, in addition
13 to other fees allowed by law, the sum of a minimum of
14 $192.50 and a maximum of $212.50, as a fee for the
15 services of a jury in every civil action not
16 quasi-criminal in its nature and not a proceeding for the
17 exercise of the right of eminent domain and in every
18 other action wherein the right of trial by jury is or may
19 be given by law. The jury fee shall be paid by the party
20 demanding a jury at the time of filing the jury demand.
21 If the fee is not paid by either party, no jury shall be
22 called in the action or proceeding, and the same shall be
23 tried by the court without a jury.
24 (t) Voluntary Assignment.
25 For filing each deed of voluntary assignment, a
26 minimum of $10 and a maximum of $20; for recording the
27 same, a minimum of 25¢ and a maximum of 50¢ for each 100
28 words. Exceptions filed to claims presented to an
29 assignee of a debtor who has made a voluntary assignment
30 for the benefit of creditors shall be considered and
31 treated, for the purpose of taxing costs therein, as
32 actions in which the party or parties filing the
33 exceptions shall be considered as party or parties
34 plaintiff, and the claimant or claimants as party or
-36- LRB093 06333 DRJ 13246 a
1 parties defendant, and those parties respectively shall
2 pay to the clerk the same fees as provided by this
3 Section to be paid in other actions.
4 (u) Expungement Petition.
5 The clerk shall be entitled to receive a fee of a
6 minimum of $30 and a maximum of $60 for each expungement
7 petition filed and an additional fee of a minimum of $2
8 and a maximum of $4 for each certified copy of an order
9 to expunge arrest records.
10 (v) Probate.
11 The clerk is entitled to receive the fees specified
12 in this subsection (v), which shall be paid in advance,
13 except that, for good cause shown, the court may suspend,
14 reduce, or release the costs payable under this
15 subsection:
16 (1) For administration of the estate of a decedent
17 (whether testate or intestate) or of a missing person, a
18 minimum of $100 and a maximum of $150, plus the fees
19 specified in subsection (v)(3), except:
20 (A) When the value of the real and personal
21 property does not exceed $15,000, the fee shall be a
22 minimum of $25 and a maximum of $40.
23 (B) When (i) proof of heirship alone is made,
24 (ii) a domestic or foreign will is admitted to
25 probate without administration (including proof of
26 heirship), or (iii) letters of office are issued for
27 a particular purpose without administration of the
28 estate, the fee shall be a minimum of $25 and a
29 maximum of $40.
30 (2) For administration of the estate of a ward, a
31 minimum of $50 and a maximum of $75, plus the fees
32 specified in subsection (v)(3), except:
33 (A) When the value of the real and personal
34 property does not exceed $15,000, the fee shall be a
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1 minimum of $25 and a maximum of $40.
2 (B) When (i) letters of office are issued to a
3 guardian of the person or persons, but not of the
4 estate or (ii) letters of office are issued in the
5 estate of a ward without administration of the
6 estate, including filing or joining in the filing of
7 a tax return or releasing a mortgage or consenting
8 to the marriage of the ward, the fee shall be a
9 minimum of $10 and a maximum of $20.
10 (3) In addition to the fees payable under
11 subsection (v)(1) or (v)(2) of this Section, the
12 following fees are payable:
13 (A) For each account (other than one final
14 account) filed in the estate of a decedent, or ward,
15 a minimum of $15 and a maximum of $25.
16 (B) For filing a claim in an estate when the
17 amount claimed is $150 or more but less than $500, a
18 minimum of $10 and a maximum of $20; when the amount
19 claimed is $500 or more but less than $10,000, a
20 minimum of $25 and a maximum of $40; when the amount
21 claimed is $10,000 or more, a minimum of $40 and a
22 maximum of $60; provided that the court in allowing
23 a claim may add to the amount allowed the filing fee
24 paid by the claimant.
25 (C) For filing in an estate a claim, petition,
26 or supplemental proceeding based upon an action
27 seeking equitable relief including the construction
28 or contest of a will, enforcement of a contract to
29 make a will, and proceedings involving testamentary
30 trusts or the appointment of testamentary trustees,
31 a minimum of $40 and a maximum of $60.
32 (D) For filing in an estate (i) the appearance
33 of any person for the purpose of consent or (ii) the
34 appearance of an executor, administrator,
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1 administrator to collect, guardian, guardian ad
2 litem, or special administrator, no fee.
3 (E) Except as provided in subsection
4 (v)(3)(D), for filing the appearance of any person
5 or persons, a minimum of $10 and a maximum of $30.
6 (F) For each jury demand, a minimum of $102.50
7 and a maximum of $137.50.
8 (G) For disposition of the collection of a
9 judgment or settlement of an action or claim for
10 wrongful death of a decedent or of any cause of
11 action of a ward, when there is no other
12 administration of the estate, a minimum of $30 and a
13 maximum of $50, less any amount paid under
14 subsection (v)(1)(B) or (v)(2)(B) except that if the
15 amount involved does not exceed $5,000, the fee,
16 including any amount paid under subsection (v)(1)(B)
17 or (v)(2)(B), shall be a minimum of $10 and a
18 maximum of $20.
19 (H) For each certified copy of letters of
20 office, of court order or other certification, a
21 minimum of $1 and a maximum of $2, plus a minimum of
22 50¢ and a maximum of $1 per page in excess of 3
23 pages for the document certified.
24 (I) For each exemplification, a minimum of $1
25 and a maximum of $2, plus the fee for certification.
26 (4) The executor, administrator, guardian,
27 petitioner, or other interested person or his or her
28 attorney shall pay the cost of publication by the clerk
29 directly to the newspaper.
30 (5) The person on whose behalf a charge is incurred
31 for witness, court reporter, appraiser, or other
32 miscellaneous fee shall pay the same directly to the
33 person entitled thereto.
34 (6) The executor, administrator, guardian,
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1 petitioner, or other interested person or his attorney
2 shall pay to the clerk all postage charges incurred by
3 the clerk in mailing petitions, orders, notices, or other
4 documents pursuant to the provisions of the Probate Act
5 of 1975.
6 (w) Criminal and Quasi-Criminal Costs and Fees.
7 (1) The clerk shall be entitled to costs in all
8 criminal and quasi-criminal cases from each person
9 convicted or sentenced to supervision therein as follows:
10 (A) Felony complaints, a minimum of $80 and a
11 maximum of $125.
12 (B) Misdemeanor complaints, a minimum of $50
13 and a maximum of $75.
14 (C) Business offense complaints, a minimum of
15 $50 and a maximum of $75.
16 (D) Petty offense complaints, a minimum of $50
17 and a maximum of $75.
18 (E) Minor traffic or ordinance violations,
19 $20.
20 (F) When court appearance required, $30.
21 (G) Motions to vacate or amend final orders, a
22 minimum of $20 and a maximum of $40.
23 (H) Motions to vacate bond forfeiture orders,
24 a minimum of $20 and a maximum of $30.
25 (I) Motions to vacate ex parte judgments,
26 whenever filed, a minimum of $20 and a maximum of
27 $30.
28 (J) Motions to vacate judgment on forfeitures,
29 whenever filed, a minimum of $20 and a maximum of
30 $25.
31 (K) Motions to vacate "failure to appear" or
32 "failure to comply" notices sent to the Secretary of
33 State, a minimum of $20 and a maximum of $40.
34 (2) In counties having a population of more than
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1 500,000 but fewer than 3,000,000 inhabitants, when the
2 violation complaint is issued by a municipal police
3 department, the clerk shall be entitled to costs from
4 each person convicted therein as follows:
5 (A) Minor traffic or ordinance violations,
6 $10.
7 (B) When court appearance required, $15.
8 (3) In ordinance violation cases punishable by fine
9 only, the clerk of the circuit court shall be entitled to
10 receive, unless the fee is excused upon a finding by the
11 court that the defendant is indigent, in addition to
12 other fees or costs allowed or imposed by law, the sum of
13 a minimum of $50 and a maximum of $112.50 as a fee for
14 the services of a jury. The jury fee shall be paid by
15 the defendant at the time of filing his or her jury
16 demand. If the fee is not so paid by the defendant, no
17 jury shall be called, and the case shall be tried by the
18 court without a jury.
19 (x) Transcripts of Judgment.
20 For the filing of a transcript of judgment, the
21 clerk shall be entitled to the same fee as if it were the
22 commencement of new suit.
23 (y) Change of Venue.
24 (1) For the filing of a change of case on a change
25 of venue, the clerk shall be entitled to the same fee as
26 if it were the commencement of a new suit.
27 (2) The fee for the preparation and certification
28 of a record on a change of venue to another jurisdiction,
29 when original documents are forwarded, a minimum of $25
30 and a maximum of $40.
31 (z) Tax objection complaints.
32 For each tax objection complaint containing one or
33 more tax objections, regardless of the number of parcels
34 involved or the number of taxpayers joining in the
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1 complaint, a minimum of $25 and a maximum of $50.
2 (aa) Tax Deeds.
3 (1) Petition for tax deed, if only one parcel is
4 involved, a minimum of $150 and a maximum of $250.
5 (2) For each additional parcel, add a fee of a
6 minimum of $50 and a maximum of $100.
7 (bb) Collections.
8 (1) For all collections made of others, except the
9 State and county and except in maintenance or child
10 support cases, a sum equal to a minimum of 2.5% and a
11 maximum of 3.0% of the amount collected and turned over.
12 (2) Interest earned on any funds held by the clerk
13 shall be turned over to the county general fund as an
14 earning of the office.
15 (3) For any check, draft, or other bank instrument
16 returned to the clerk for non-sufficient funds, account
17 closed, or payment stopped, $25.
18 (4) In child support and maintenance cases, the
19 clerk, if authorized by an ordinance of the county board,
20 may collect an annual fee of up to $36 from the person
21 making payment for maintaining child support records and
22 the processing of support orders to the State of Illinois
23 KIDS system and the recording of payments issued by the
24 State Disbursement Unit for the official record of the
25 Court. This fee shall be in addition to and separate from
26 amounts ordered to be paid as maintenance or child
27 support and shall be deposited into a Separate
28 Maintenance and Child Support Collection Fund, of which
29 the clerk shall be the custodian, ex-officio, to be used
30 by the clerk to maintain child support orders and record
31 all payments issued by the State Disbursement Unit for
32 the official record of the Court. The clerk may recover
33 from the person making the maintenance or child support
34 payment any additional cost incurred in the collection of
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1 this annual fee.
2 The clerk shall also be entitled to a fee of $5 for
3 certifications made to the Secretary of State as provided
4 in Section 7-703 of the Family Financial Responsibility
5 Law and these fees shall also be deposited into the
6 Separate Maintenance and Child Support Collection Fund.
7 (cc) Corrections of Numbers.
8 For correction of the case number, case title, or
9 attorney computer identification number, if required by
10 rule of court, on any document filed in the clerk's
11 office, to be charged against the party that filed the
12 document, a minimum of $15 and a maximum of $25.
13 (dd) Exceptions.
14 The fee requirements of this Section shall not apply
15 to police departments or other law enforcement agencies.
16 In this Section, "law enforcement agency" means an agency
17 of the State or a unit of local government which is
18 vested by law or ordinance with the duty to maintain
19 public order and to enforce criminal laws or ordinances.
20 "Law enforcement agency" also means the Attorney General
21 or any state's attorney. The fee requirements of this
22 Section shall not apply to any action instituted under
23 subsection (b) of Section 11-31-1 of the Illinois
24 Municipal Code by a private owner or tenant of real
25 property within 1200 feet of a dangerous or unsafe
26 building seeking an order compelling the owner or owners
27 of the building to take any of the actions authorized
28 under that subsection.
29 The fee requirements of this Section shall not apply
30 to the filing of any commitment petition or petition for
31 an order authorizing the administration of authorized
32 involuntary treatment in the form of medication under the
33 Mental Health and Developmental Disabilities Code.
34 (ee) Adoptions.
-43- LRB093 06333 DRJ 13246 a
1 (1) For an adoption.............................$65
2 (2) Upon good cause shown, the court may waive the
3 adoption filing fee in a special needs adoption. The
4 term "special needs adoption" shall have the meaning
5 ascribed to it by the Illinois Department of Children and
6 Family Services.
7 (ff) Adoption exemptions.
8 No fee other than that set forth in subsection (ee)
9 shall be charged to any person in connection with an
10 adoption proceeding.
11 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
12 92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)
13 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
14 Sec. 27.2a. The fees of the clerks of the circuit court
15 in all counties having a population of 3,000,000 or more
16 inhabitants in the instances described in this Section shall
17 be as provided in this Section. In those instances where a
18 minimum and maximum fee is stated, the clerk of the circuit
19 court must charge the minimum fee listed and may charge up to
20 the maximum fee if the county board has by resolution
21 increased the fee. The fees shall be paid in advance and
22 shall be as follows:
23 (a) Civil Cases.
24 The fee for filing a complaint, petition, or other
25 pleading initiating a civil action, with the following
26 exceptions, shall be a minimum of $190 and a maximum of
27 $240.
28 (A) When the amount of money or damages or the
29 value of personal property claimed does not exceed
30 $250, a minimum of $15 and a maximum of $22.
31 (B) When that amount exceeds $250 but does not
32 exceed $1000, a minimum of $40 and a maximum of $75.
33 (C) When that amount exceeds $1000 but does
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1 not exceed $2500, a minimum of $50 and a maximum of
2 $80.
3 (D) When that amount exceeds $2500 but does
4 not exceed $5000, a minimum of $100 and a maximum of
5 $130.
6 (E) When that amount exceeds $5000 but does
7 not exceed $15,000, $150.
8 (F) For the exercise of eminent domain, $150.
9 For each additional lot or tract of land or right or
10 interest therein subject to be condemned, the
11 damages in respect to which shall require separate
12 assessment by a jury, $150.
13 (G) For the final determination of parking,
14 standing, and compliance violations and final
15 administrative decisions issued after hearings
16 regarding vehicle immobilization and impoundment
17 made pursuant to Sections 3-704.1, 6-306.5, and
18 11-208.3 of the Illinois Vehicle Code, $25.
19 (b) Forcible Entry and Detainer.
20 In each forcible entry and detainer case when the
21 plaintiff seeks possession only or unites with his or her
22 claim for possession of the property a claim for rent or
23 damages or both in the amount of $15,000 or less, a
24 minimum of $75 and a maximum of $140. When the plaintiff
25 unites his or her claim for possession with a claim for
26 rent or damages or both exceeding $15,000, a minimum of
27 $225 and a maximum of $335.
28 (c) Counterclaim or Joining Third Party Defendant.
29 When any defendant files a counterclaim as part of
30 his or her answer or otherwise or joins another party as
31 a third party defendant, or both, the defendant shall pay
32 a fee for each counterclaim or third party action in an
33 amount equal to the fee he or she would have had to pay
34 had he or she brought a separate action for the relief
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1 sought in the counterclaim or against the third party
2 defendant, less the amount of the appearance fee, if that
3 has been paid.
4 (d) Confession of Judgment.
5 In a confession of judgment when the amount does not
6 exceed $1500, a minimum of $60 and a maximum of $70.
7 When the amount exceeds $1500, but does not exceed $5000,
8 a minimum of $75 and a maximum of $150. When the amount
9 exceeds $5000, but does not exceed $15,000, a minimum of
10 $175 and a maximum of $260. When the amount exceeds
11 $15,000, a minimum of $250 and a maximum of $310.
12 (e) Appearance.
13 The fee for filing an appearance in each civil case
14 shall be a minimum of $75 and a maximum of $110, except
15 as follows:
16 (A) When the plaintiff in a forcible entry and
17 detainer case seeks possession only, a minimum of
18 $40 and a maximum of $80.
19 (B) When the amount in the case does not
20 exceed $1500, a minimum of $40 and a maximum of $80.
21 (C) When that amount exceeds $1500 but does
22 not exceed $15,000, a minimum of $60 and a maximum
23 of $90.
24 (f) Garnishment, Wage Deduction, and Citation.
25 In garnishment affidavit, wage deduction affidavit,
26 and citation petition when the amount does not exceed
27 $1,000, a minimum of $15 and a maximum of $25; when the
28 amount exceeds $1,000 but does not exceed $5,000, a
29 minimum of $30 and a maximum of $45; and when the amount
30 exceeds $5,000, a minimum of $50 and a maximum of $80.
31 (g) Petition to Vacate or Modify.
32 (1) Petition to vacate or modify any final judgment
33 or order of court, except in forcible entry and detainer
34 cases and small claims cases or a petition to reopen an
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1 estate, to modify, terminate, or enforce a judgment or
2 order for child or spousal support, or to modify,
3 suspend, or terminate an order for withholding, if filed
4 before 30 days after the entry of the judgment or order,
5 a minimum of $50 and a maximum of $60.
6 (2) Petition to vacate or modify any final judgment
7 or order of court, except a petition to modify,
8 terminate, or enforce a judgment or order for child or
9 spousal support or to modify, suspend, or terminate an
10 order for withholding, if filed later than 30 days after
11 the entry of the judgment or order, a minimum of $75 and
12 a maximum of $90.
13 (3) Petition to vacate order of bond forfeiture, a
14 minimum of $40 and a maximum of $80.
15 (h) Mailing.
16 When the clerk is required to mail, the fee will be
17 a minimum of $10 and a maximum of $15, plus the cost of
18 postage.
19 (i) Certified Copies.
20 Each certified copy of a judgment after the first,
21 except in small claims and forcible entry and detainer
22 cases, a minimum of $15 and a maximum of $20.
23 (j) Habeas Corpus.
24 For filing a petition for relief by habeas corpus, a
25 minimum of $125 and a maximum of $190.
26 (k) Certification, Authentication, and Reproduction.
27 (1) Each certification or authentication for taking
28 the acknowledgment of a deed or other instrument in
29 writing with the seal of office, a minimum of $6 and a
30 maximum of $9.
31 (2) Court appeals when original documents are
32 forwarded, under 100 pages, plus delivery and costs, a
33 minimum of $75 and a maximum of $110.
34 (3) Court appeals when original documents are
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1 forwarded, over 100 pages, plus delivery and costs, a
2 minimum of $150 and a maximum of $185.
3 (4) Court appeals when original documents are
4 forwarded, over 200 pages, an additional fee of a minimum
5 of 25 and a maximum of 30 cents per page.
6 (5) For reproduction of any document contained in
7 the clerk's files:
8 (A) First page, $2.
9 (B) Next 19 pages, 50 cents per page.
10 (C) All remaining pages, 25 cents per page.
11 (l) Remands.
12 In any cases remanded to the Circuit Court from the
13 Supreme Court or the Appellate Court for a new trial, the
14 clerk shall file the remanding order and reinstate the
15 case with either its original number or a new number.
16 The Clerk shall not charge any new or additional fee for
17 the reinstatement. Upon reinstatement the Clerk shall
18 advise the parties of the reinstatement. A party shall
19 have the same right to a jury trial on remand and
20 reinstatement as he or she had before the appeal, and no
21 additional or new fee or charge shall be made for a jury
22 trial after remand.
23 (m) Record Search.
24 For each record search, within a division or
25 municipal district, the clerk shall be entitled to a
26 search fee of a minimum of $6 and a maximum of $9 for
27 each year searched.
28 (n) Hard Copy.
29 For each page of hard copy print output, when case
30 records are maintained on an automated medium, the clerk
31 shall be entitled to a fee of a minimum of $6 and a
32 maximum of $9.
33 (o) Index Inquiry and Other Records.
34 No fee shall be charged for a single
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1 plaintiff/defendant index inquiry or single case record
2 inquiry when this request is made in person and the
3 records are maintained in a current automated medium, and
4 when no hard copy print output is requested. The fees to
5 be charged for management records, multiple case records,
6 and multiple journal records may be specified by the
7 Chief Judge pursuant to the guidelines for access and
8 dissemination of information approved by the Supreme
9 Court.
10 (p) (Blank).Commitment Petitions.
11 For filing commitment petitions under the Mental
12 Health and Developmental Disabilities Code, a minimum of
13 $50 and a maximum of $100.
14 (q) Alias Summons.
15 For each alias summons or citation issued by the
16 clerk, a minimum of $5 and a maximum of $6.
17 (r) Other Fees.
18 Any fees not covered in this Section shall be set by
19 rule or administrative order of the Circuit Court with
20 the approval of the Administrative Office of the Illinois
21 Courts.
22 The clerk of the circuit court may provide
23 additional services for which there is no fee specified
24 by statute in connection with the operation of the
25 clerk's office as may be requested by the public and
26 agreed to by the clerk and approved by the chief judge of
27 the circuit court. Any charges for additional services
28 shall be as agreed to between the clerk and the party
29 making the request and approved by the chief judge of the
30 circuit court. Nothing in this subsection shall be
31 construed to require any clerk to provide any service not
32 otherwise required by law.
33 (s) Jury Services.
34 The clerk shall be entitled to receive, in addition
-49- LRB093 06333 DRJ 13246 a
1 to other fees allowed by law, the sum of a minimum of
2 $212.50 and maximum of $230, as a fee for the services of
3 a jury in every civil action not quasi-criminal in its
4 nature and not a proceeding for the exercise of the right
5 of eminent domain and in every other action wherein the
6 right of trial by jury is or may be given by law. The
7 jury fee shall be paid by the party demanding a jury at
8 the time of filing the jury demand. If the fee is not
9 paid by either party, no jury shall be called in the
10 action or proceeding, and the same shall be tried by the
11 court without a jury.
12 (t) Voluntary Assignment.
13 For filing each deed of voluntary assignment, a
14 minimum of $20 and a maximum of $40; for recording the
15 same, a minimum of 50¢ and a maximum of $0.80 for each
16 100 words. Exceptions filed to claims presented to an
17 assignee of a debtor who has made a voluntary assignment
18 for the benefit of creditors shall be considered and
19 treated, for the purpose of taxing costs therein, as
20 actions in which the party or parties filing the
21 exceptions shall be considered as party or parties
22 plaintiff, and the claimant or claimants as party or
23 parties defendant, and those parties respectively shall
24 pay to the clerk the same fees as provided by this
25 Section to be paid in other actions.
26 (u) Expungement Petition.
27 The clerk shall be entitled to receive a fee of a
28 minimum of $60 and a maximum of $120 for each expungement
29 petition filed and an additional fee of a minimum of $4
30 and a maximum of $8 for each certified copy of an order
31 to expunge arrest records.
32 (v) Probate.
33 The clerk is entitled to receive the fees specified
34 in this subsection (v), which shall be paid in advance,
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1 except that, for good cause shown, the court may suspend,
2 reduce, or release the costs payable under this
3 subsection:
4 (1) For administration of the estate of a decedent
5 (whether testate or intestate) or of a missing person, a
6 minimum of $150 and a maximum of $225, plus the fees
7 specified in subsection (v)(3), except:
8 (A) When the value of the real and personal
9 property does not exceed $15,000, the fee shall be a
10 minimum of $40 and a maximum of $65.
11 (B) When (i) proof of heirship alone is made,
12 (ii) a domestic or foreign will is admitted to
13 probate without administration (including proof of
14 heirship), or (iii) letters of office are issued for
15 a particular purpose without administration of the
16 estate, the fee shall be a minimum of $40 and a
17 maximum of $65.
18 (2) For administration of the estate of a ward, a
19 minimum of $75 and a maximum of $110, plus the fees
20 specified in subsection (v)(3), except:
21 (A) When the value of the real and personal
22 property does not exceed $15,000, the fee shall be a
23 minimum of $40 and a maximum of $65.
24 (B) When (i) letters of office are issued to a
25 guardian of the person or persons, but not of the
26 estate or (ii) letters of office are issued in the
27 estate of a ward without administration of the
28 estate, including filing or joining in the filing of
29 a tax return or releasing a mortgage or consenting
30 to the marriage of the ward, the fee shall be a
31 minimum of $20 and a maximum of $40.
32 (3) In addition to the fees payable under
33 subsection (v)(1) or (v)(2) of this Section, the
34 following fees are payable:
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1 (A) For each account (other than one final
2 account) filed in the estate of a decedent, or ward,
3 a minimum of $25 and a maximum of $40.
4 (B) For filing a claim in an estate when the
5 amount claimed is $150 or more but less than $500, a
6 minimum of $20 and a maximum of $40; when the amount
7 claimed is $500 or more but less than $10,000, a
8 minimum of $40 and a maximum of $65; when the amount
9 claimed is $10,000 or more, a minimum of $60 and a
10 maximum of $90; provided that the court in allowing
11 a claim may add to the amount allowed the filing fee
12 paid by the claimant.
13 (C) For filing in an estate a claim, petition,
14 or supplemental proceeding based upon an action
15 seeking equitable relief including the construction
16 or contest of a will, enforcement of a contract to
17 make a will, and proceedings involving testamentary
18 trusts or the appointment of testamentary trustees,
19 a minimum of $60 and a maximum of $90.
20 (D) For filing in an estate (i) the appearance
21 of any person for the purpose of consent or (ii) the
22 appearance of an executor, administrator,
23 administrator to collect, guardian, guardian ad
24 litem, or special administrator, no fee.
25 (E) Except as provided in subsection
26 (v)(3)(D), for filing the appearance of any person
27 or persons, a minimum of $30 and a maximum of $90.
28 (F) For each jury demand, a minimum of $137.50
29 and a maximum of $180.
30 (G) For disposition of the collection of a
31 judgment or settlement of an action or claim for
32 wrongful death of a decedent or of any cause of
33 action of a ward, when there is no other
34 administration of the estate, a minimum of $50 and a
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1 maximum of $80, less any amount paid under
2 subsection (v)(1)(B) or (v)(2)(B) except that if the
3 amount involved does not exceed $5,000, the fee,
4 including any amount paid under subsection (v)(1)(B)
5 or (v)(2)(B), shall be a minimum of $20 and a
6 maximum of $40.
7 (H) For each certified copy of letters of
8 office, of court order or other certification, a
9 minimum of $2 and a maximum of $4, plus $1 per page
10 in excess of 3 pages for the document certified.
11 (I) For each exemplification, $2, plus the fee
12 for certification.
13 (4) The executor, administrator, guardian,
14 petitioner, or other interested person or his or her
15 attorney shall pay the cost of publication by the clerk
16 directly to the newspaper.
17 (5) The person on whose behalf a charge is incurred
18 for witness, court reporter, appraiser, or other
19 miscellaneous fee shall pay the same directly to the
20 person entitled thereto.
21 (6) The executor, administrator, guardian,
22 petitioner, or other interested person or his or her
23 attorney shall pay to the clerk all postage charges
24 incurred by the clerk in mailing petitions, orders,
25 notices, or other documents pursuant to the provisions of
26 the Probate Act of 1975.
27 (w) Criminal and Quasi-Criminal Costs and Fees.
28 (1) The clerk shall be entitled to costs in all
29 criminal and quasi-criminal cases from each person
30 convicted or sentenced to supervision therein as follows:
31 (A) Felony complaints, a minimum of $125 and a
32 maximum of $190.
33 (B) Misdemeanor complaints, a minimum of $75
34 and a maximum of $110.
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1 (C) Business offense complaints, a minimum of
2 $75 and a maximum of $110.
3 (D) Petty offense complaints, a minimum of $75
4 and a maximum of $110.
5 (E) Minor traffic or ordinance violations,
6 $30.
7 (F) When court appearance required, $50.
8 (G) Motions to vacate or amend final orders, a
9 minimum of $40 and a maximum of $80.
10 (H) Motions to vacate bond forfeiture orders,
11 a minimum of $30 and a maximum of $45.
12 (I) Motions to vacate ex parte judgments,
13 whenever filed, a minimum of $30 and a maximum of
14 $45.
15 (J) Motions to vacate judgment on forfeitures,
16 whenever filed, a minimum of $25 and a maximum of
17 $30.
18 (K) Motions to vacate "failure to appear" or
19 "failure to comply" notices sent to the Secretary of
20 State, a minimum of $40 and a maximum of $50.
21 (2) In counties having a population of 3,000,000 or
22 more, when the violation complaint is issued by a
23 municipal police department, the clerk shall be entitled
24 to costs from each person convicted therein as follows:
25 (A) Minor traffic or ordinance violations,
26 $30.
27 (B) When court appearance required, $50.
28 (3) In ordinance violation cases punishable by fine
29 only, the clerk of the circuit court shall be entitled to
30 receive, unless the fee is excused upon a finding by the
31 court that the defendant is indigent, in addition to
32 other fees or costs allowed or imposed by law, the sum of
33 a minimum of $112.50 and a maximum of $250 as a fee for
34 the services of a jury. The jury fee shall be paid by
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1 the defendant at the time of filing his or her jury
2 demand. If the fee is not so paid by the defendant, no
3 jury shall be called, and the case shall be tried by the
4 court without a jury.
5 (x) Transcripts of Judgment.
6 For the filing of a transcript of judgment, the
7 clerk shall be entitled to the same fee as if it were the
8 commencement of a new suit.
9 (y) Change of Venue.
10 (1) For the filing of a change of case on a change
11 of venue, the clerk shall be entitled to the same fee as
12 if it were the commencement of a new suit.
13 (2) The fee for the preparation and certification
14 of a record on a change of venue to another jurisdiction,
15 when original documents are forwarded, a minimum of $40
16 and a maximum of $65.
17 (z) Tax objection complaints.
18 For each tax objection complaint containing one or
19 more tax objections, regardless of the number of parcels
20 involved or the number of taxpayers joining in the
21 complaint, a minimum of $50 and a maximum of $100.
22 (aa) Tax Deeds.
23 (1) Petition for tax deed, if only one parcel is
24 involved, a minimum of $250 and a maximum of $400.
25 (2) For each additional parcel, add a fee of a
26 minimum of $100 and a maximum of $200.
27 (bb) Collections.
28 (1) For all collections made of others, except the
29 State and county and except in maintenance or child
30 support cases, a sum equal to 3.0% of the amount
31 collected and turned over.
32 (2) Interest earned on any funds held by the clerk
33 shall be turned over to the county general fund as an
34 earning of the office.
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1 (3) For any check, draft, or other bank instrument
2 returned to the clerk for non-sufficient funds, account
3 closed, or payment stopped, $25.
4 (4) In child support and maintenance cases, the
5 clerk, if authorized by an ordinance of the county board,
6 may collect an annual fee of up to $36 from the person
7 making payment for maintaining child support records and
8 the processing of support orders to the State of Illinois
9 KIDS system and the recording of payments issued by the
10 State Disbursement Unit for the official record of the
11 Court. This fee shall be in addition to and separate
12 from amounts ordered to be paid as maintenance or child
13 support and shall be deposited into a Separate
14 Maintenance and Child Support Collection Fund, of which
15 the clerk shall be the custodian, ex-officio, to be used
16 by the clerk to maintain child support orders and record
17 all payments issued by the State Disbursement Unit for
18 the official record of the Court. The clerk may recover
19 from the person making the maintenance or child support
20 payment any additional cost incurred in the collection of
21 this annual fee.
22 The clerk shall also be entitled to a fee of $5 for
23 certifications made to the Secretary of State as provided
24 in Section 7-703 of the Family Financial Responsibility
25 Law and these fees shall also be deposited into the
26 Separate Maintenance and Child Support Collection Fund.
27 (cc) Corrections of Numbers.
28 For correction of the case number, case title, or
29 attorney computer identification number, if required by
30 rule of court, on any document filed in the clerk's
31 office, to be charged against the party that filed the
32 document, a minimum of $25 and a maximum of $40.
33 (dd) Exceptions.
34 (1) The fee requirements of this Section shall not
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1 apply to police departments or other law enforcement
2 agencies. In this Section, "law enforcement agency"
3 means an agency of the State or a unit of local
4 government which is vested by law or ordinance with the
5 duty to maintain public order and to enforce criminal
6 laws or ordinances. "Law enforcement agency" also means
7 the Attorney General or any state's attorney.
8 (2) No fee provided herein shall be charged to any
9 unit of local government or school district. The fee
10 requirements of this Section shall not apply to any
11 action instituted under subsection (b) of Section 11-31-1
12 of the Illinois Municipal Code by a private owner or
13 tenant of real property within 1200 feet of a dangerous
14 or unsafe building seeking an order compelling the owner
15 or owners of the building to take any of the actions
16 authorized under that subsection.
17 (3) The fee requirements of this Section shall not
18 apply to the filing of any commitment petition or
19 petition for an order authorizing the administration of
20 authorized involuntary treatment in the form of
21 medication under the Mental Health and Developmental
22 Disabilities Code.
23 (ee) Adoption.
24 (1) For an adoption.............................$65
25 (2) Upon good cause shown, the court may waive the
26 adoption filing fee in a special needs adoption. The
27 term "special needs adoption" shall have the meaning
28 ascribed to it by the Illinois Department of Children and
29 Family Services.
30 (ff) Adoption exemptions.
31 No fee other than that set forth in subsection (ee)
32 shall be charged to any person in connection with an
33 adoption proceeding.
34 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
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1 91-821, eff. 6-13-00; 92-521, eff. 6-1-02.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.".
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