Full Text of HB5164 103rd General Assembly
HB5164ham001 103RD GENERAL ASSEMBLY | Rep. Kevin John Olickal Filed: 3/20/2024 | | 10300HB5164ham001 | | LRB103 37155 JRC 71019 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5164
| 2 | | AMENDMENT NO. ______. Amend House Bill 5164 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Clerks of Courts Act is amended by | 5 | | changing Section 27.1b as follows: | 6 | | (705 ILCS 105/27.1b) | 7 | | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any | 8 | | other provision of law, all fees charged by the clerks of the | 9 | | circuit court for the services described in this Section shall | 10 | | be established, collected, and disbursed in accordance with | 11 | | this Section. Except as otherwise specified in this Section, | 12 | | all fees under this Section shall be paid in advance and | 13 | | disbursed by each clerk on a monthly basis. In a county with a | 14 | | population of over 3,000,000, units of local government and | 15 | | school districts shall not be required to pay fees under this | 16 | | Section in advance and the clerk shall instead send an |
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| 1 | | itemized bill to the unit of local government or school | 2 | | district, within 30 days of the fee being incurred, and the | 3 | | unit of local government or school district shall be allowed | 4 | | at least 30 days from the date of the itemized bill to pay; | 5 | | these payments shall be disbursed by each clerk on a monthly | 6 | | basis. Unless otherwise specified in this Section, the amount | 7 | | of a fee shall be determined by ordinance or resolution of the | 8 | | county board and remitted to the county treasurer to be used | 9 | | for purposes related to the operation of the court system in | 10 | | the county. In a county with a population of over 3,000,000, | 11 | | any amount retained by the clerk of the circuit court or | 12 | | remitted to the county treasurer shall be subject to | 13 | | appropriation by the county board. | 14 | | (a) Civil cases. The fee for filing a complaint, petition, | 15 | | or other pleading initiating a civil action shall be as set | 16 | | forth in the applicable schedule under this subsection in | 17 | | accordance with case categories established by the Supreme | 18 | | Court in schedules. | 19 | | (1) SCHEDULE 1: not to exceed a total of $366 in a | 20 | | county with a population of 3,000,000 or more and not to | 21 | | exceed $316 in any other county, except as applied to | 22 | | units of local government and school districts in counties | 23 | | with more than 3,000,000 inhabitants an amount not to | 24 | | exceed $190 through December 31, 2021 and $184 on and | 25 | | after January 1, 2022. The fees collected under this | 26 | | schedule shall be disbursed as follows: |
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| 1 | | (A) The clerk shall retain a sum, in an amount not | 2 | | to exceed $55 in a county with a population of | 3 | | 3,000,000 or more and in an amount not to exceed $45 in | 4 | | any other county determined by the clerk with the | 5 | | approval of the Supreme Court, to be used for court | 6 | | automation, court document storage, and administrative | 7 | | purposes. | 8 | | (B) The clerk shall remit up to $21 to the State | 9 | | Treasurer. The State Treasurer shall deposit the | 10 | | appropriate amounts, in accordance with the clerk's | 11 | | instructions, as follows: | 12 | | (i) up to $10, as specified by the Supreme | 13 | | Court in accordance with Part 10A of Article II of | 14 | | the Code of Civil Procedure, into the Mandatory | 15 | | Arbitration Fund; | 16 | | (ii) $2 into the Access to Justice Fund; and | 17 | | (iii) $9 into the Supreme Court Special | 18 | | Purposes Fund. | 19 | | (C) The clerk shall remit a sum to the County | 20 | | Treasurer, in an amount not to exceed $290 in a county | 21 | | with a population of 3,000,000 or more and in an amount | 22 | | not to exceed $250 in any other county, as specified by | 23 | | ordinance or resolution passed by the county board, | 24 | | for purposes related to the operation of the court | 25 | | system in the county. | 26 | | (2) SCHEDULE 2: not to exceed a total of $357 in a |
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| 1 | | county with a population of 3,000,000 or more and not to | 2 | | exceed $266 in any other county, except as applied to | 3 | | units of local government and school districts in counties | 4 | | with more than 3,000,000 inhabitants an amount not to | 5 | | exceed $190 through December 31, 2021 and $184 on and | 6 | | after January 1, 2022. The fees collected under this | 7 | | schedule shall be disbursed as follows: | 8 | | (A) The clerk shall retain a sum, in an amount not | 9 | | to exceed $55 in a county with a population of | 10 | | 3,000,000 or more and in an amount not to exceed $45 in | 11 | | any other county determined by the clerk with the | 12 | | approval of the Supreme Court, to be used for court | 13 | | automation, court document storage, and administrative | 14 | | purposes. | 15 | | (B) The clerk shall remit up to $21 to the State | 16 | | Treasurer. The State Treasurer shall deposit the | 17 | | appropriate amounts, in accordance with the clerk's | 18 | | instructions, as follows: | 19 | | (i) up to $10, as specified by the Supreme | 20 | | Court in accordance with Part 10A of Article II of | 21 | | the Code of Civil Procedure, into the Mandatory | 22 | | Arbitration Fund; | 23 | | (ii) $2 into the Access to Justice Fund: and | 24 | | (iii) $9 into the Supreme Court Special | 25 | | Purposes Fund. | 26 | | (C) The clerk shall remit a sum to the County |
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| 1 | | Treasurer, in an amount not to exceed $281 in a county | 2 | | with a population of 3,000,000 or more and in an amount | 3 | | not to exceed $200 in any other county, as specified by | 4 | | ordinance or resolution passed by the county board, | 5 | | for purposes related to the operation of the court | 6 | | system in the county. | 7 | | (3) SCHEDULE 3: not to exceed a total of $265 in a | 8 | | county with a population of 3,000,000 or more and not to | 9 | | exceed $89 in any other county, except as applied to units | 10 | | of local government and school districts in counties with | 11 | | more than 3,000,000 inhabitants an amount not to exceed | 12 | | $190 through December 31, 2021 and $184 on and after | 13 | | January 1, 2022. The fees collected under this schedule | 14 | | shall be disbursed as follows: | 15 | | (A) The clerk shall retain a sum, in an amount not | 16 | | to exceed $55 in a county with a population of | 17 | | 3,000,000 or more and in an amount not to exceed $22 in | 18 | | any other county determined by the clerk with the | 19 | | approval of the Supreme Court, to be used for court | 20 | | automation, court document storage, and administrative | 21 | | purposes. | 22 | | (B) The clerk shall remit $11 to the State | 23 | | Treasurer. The State Treasurer shall deposit the | 24 | | appropriate amounts in accordance with the clerk's | 25 | | instructions, as follows: | 26 | | (i) $2 into the Access to Justice Fund; and |
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| 1 | | (ii) $9 into the Supreme Court Special | 2 | | Purposes Fund. | 3 | | (C) The clerk shall remit a sum to the County | 4 | | Treasurer, in an amount not to exceed $199 in a county | 5 | | with a population of 3,000,000 or more and in an amount | 6 | | not to exceed $56 in any other county, as specified by | 7 | | ordinance or resolution passed by the county board, | 8 | | for purposes related to the operation of the court | 9 | | system in the county. | 10 | | (4) SCHEDULE 4: $0. | 11 | | (b) Appearance. The fee for filing an appearance in a | 12 | | civil action, including a cannabis civil law action under the | 13 | | Cannabis Control Act, shall be as set forth in the applicable | 14 | | schedule under this subsection in accordance with case | 15 | | categories established by the Supreme Court in schedules. | 16 | | (1) SCHEDULE 1: not to exceed a total of $230 in a | 17 | | county with a population of 3,000,000 or more and not to | 18 | | exceed $191 in any other county, except as applied to | 19 | | units of local government and school districts in counties | 20 | | with more than 3,000,000 inhabitants an amount not to | 21 | | exceed $75. The fees collected under this schedule shall | 22 | | be disbursed as follows: | 23 | | (A) The clerk shall retain a sum, in an amount not | 24 | | to exceed $50 in a county with a population of | 25 | | 3,000,000 or more and in an amount not to exceed $45 in | 26 | | any other county determined by the clerk with the |
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| 1 | | approval of the Supreme Court, to be used for court | 2 | | automation, court document storage, and administrative | 3 | | purposes. | 4 | | (B) The clerk shall remit up to $21 to the State | 5 | | Treasurer. The State Treasurer shall deposit the | 6 | | appropriate amounts, in accordance with the clerk's | 7 | | instructions, as follows: | 8 | | (i) up to $10, as specified by the Supreme | 9 | | Court in accordance with Part 10A of Article II of | 10 | | the Code of Civil Procedure, into the Mandatory | 11 | | Arbitration Fund; | 12 | | (ii) $2 into the Access to Justice Fund; and | 13 | | (iii) $9 into the Supreme Court Special | 14 | | Purposes Fund. | 15 | | (C) The clerk shall remit a sum to the County | 16 | | Treasurer, in an amount not to exceed $159 in a county | 17 | | with a population of 3,000,000 or more and in an amount | 18 | | not to exceed $125 in any other county, as specified by | 19 | | ordinance or resolution passed by the county board, | 20 | | for purposes related to the operation of the court | 21 | | system in the county. | 22 | | (2) SCHEDULE 2: not to exceed a total of $130 in a | 23 | | county with a population of 3,000,000 or more and not to | 24 | | exceed $109 in any other county, except as applied to | 25 | | units of local government and school districts in counties | 26 | | with more than 3,000,000 inhabitants an amount not to |
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| 1 | | exceed $75. The fees collected under this schedule shall | 2 | | be disbursed as follows: | 3 | | (A) The clerk shall retain a sum, in an amount not | 4 | | to exceed $50 in a county with a population of | 5 | | 3,000,000 or more and in an amount not to exceed $10 in | 6 | | any other county determined by the clerk with the | 7 | | approval of the Supreme Court, to be used for court | 8 | | automation, court document storage, and administrative | 9 | | purposes. | 10 | | (B) The clerk shall remit $9 to the State | 11 | | Treasurer, which the State Treasurer shall deposit | 12 | | into the Supreme Court Special Purposes Fund. | 13 | | (C) The clerk shall remit a sum to the County | 14 | | Treasurer, in an amount not to exceed $71 in a county | 15 | | with a population of 3,000,000 or more and in an amount | 16 | | not to exceed $90 in any other county, as specified by | 17 | | ordinance or resolution passed by the county board, | 18 | | for purposes related to the operation of the court | 19 | | system in the county. | 20 | | (3) SCHEDULE 3: $0. | 21 | | (b-5) Kane County and Will County. In Kane County and Will | 22 | | County civil cases, there is an additional fee of up to $30 as | 23 | | set by the county board under Section 5-1101.3 of the Counties | 24 | | Code to be paid by each party at the time of filing the first | 25 | | pleading, paper, or other appearance; provided that no | 26 | | additional fee shall be required if more than one party is |
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| 1 | | represented in a single pleading, paper, or other appearance. | 2 | | Distribution of fees collected under this subsection (b-5) | 3 | | shall be as provided in Section 5-1101.3 of the Counties Code. | 4 | | (c) Counterclaim or third party complaint. When any | 5 | | defendant files a counterclaim or third party complaint, as | 6 | | part of the defendant's answer or otherwise, the defendant | 7 | | shall pay a filing fee for each counterclaim or third party | 8 | | complaint in an amount equal to the filing fee the defendant | 9 | | would have had to pay had the defendant brought a separate | 10 | | action for the relief sought in the counterclaim or third | 11 | | party complaint, less the amount of the appearance fee, if | 12 | | any, that the defendant has already paid in the action in which | 13 | | the counterclaim or third party complaint is filed. | 14 | | (d) Alias summons. The clerk shall collect a fee not to | 15 | | exceed $6 in a county with a population of 3,000,000 or more | 16 | | and not to exceed $5 in any other county for each alias summons | 17 | | or citation issued by the clerk, except as applied to units of | 18 | | local government and school districts in counties with more | 19 | | than 3,000,000 inhabitants an amount not to exceed $5 for each | 20 | | alias summons or citation issued by the clerk. | 21 | | (e) Jury services. The clerk shall collect, in addition to | 22 | | other fees allowed by law, a sum not to exceed $212.50, as a | 23 | | fee for the services of a jury in every civil action not | 24 | | quasi-criminal in its nature and not a proceeding for the | 25 | | exercise of the right of eminent domain and in every other | 26 | | action wherein the right of trial by jury is or may be given by |
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| 1 | | law. The jury fee shall be paid by the party demanding a jury | 2 | | at the time of filing the jury demand. If the fee is not paid | 3 | | by either party, no jury shall be called in the action or | 4 | | proceeding, and the action or proceeding shall be tried by the | 5 | | court without a jury. | 6 | | (f) Change of venue. In connection with a change of venue: | 7 | | (1) The clerk of the jurisdiction from which the case | 8 | | is transferred may charge a fee, not to exceed $40, for the | 9 | | preparation and certification of the record; and | 10 | | (2) The clerk of the jurisdiction to which the case is | 11 | | transferred may charge the same filing fee as if it were | 12 | | the commencement of a new suit. | 13 | | (g) Petition to vacate or modify. | 14 | | (1) In a proceeding involving a petition to vacate or | 15 | | modify any final judgment or order filed within 30 days | 16 | | after the judgment or order was entered, except for an | 17 | | eviction case, small claims case, petition to reopen an | 18 | | estate, petition to modify, terminate, or enforce a | 19 | | judgment or order for child or spousal support, or | 20 | | petition to modify, suspend, or terminate an order for | 21 | | withholding, the fee shall not exceed $60 in a county with | 22 | | a population of 3,000,000 or more and shall not exceed $50 | 23 | | in any other county, except as applied to units of local | 24 | | government and school districts in counties with more than | 25 | | 3,000,000 inhabitants an amount not to exceed $50. | 26 | | (2) In a proceeding involving a petition to vacate or |
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| 1 | | modify any final judgment or order filed more than 30 days | 2 | | after the judgment or order was entered, except for a | 3 | | petition to modify, terminate, or enforce a judgment or | 4 | | order for child or spousal support, or petition to modify, | 5 | | suspend, or terminate an order for withholding, the fee | 6 | | shall not exceed $75. | 7 | | (3) In a proceeding involving a motion to vacate or | 8 | | amend a final order, motion to vacate an ex parte | 9 | | judgment, judgment of forfeiture, or "failure to appear" | 10 | | or "failure to comply" notices sent to the Secretary of | 11 | | State, the fee shall equal $40. | 12 | | (h) Appeals preparation. The fee for preparation of a | 13 | | record on appeal shall be based on the number of pages, as | 14 | | follows: | 15 | | (1) if the record contains no more than 100 pages, the | 16 | | fee shall not exceed $70 in a county with a population of | 17 | | 3,000,000 or more and shall not exceed $50 in any other | 18 | | county; | 19 | | (2) if the record contains between 100 and 200 pages, | 20 | | the fee shall not exceed $100; and | 21 | | (3) if the record contains 200 or more pages, the | 22 | | clerk may collect an additional fee not to exceed 25 cents | 23 | | per page. | 24 | | (i) Remands. In any cases remanded to the circuit court | 25 | | from the Supreme Court or the appellate court for a new trial, | 26 | | the clerk shall reinstate the case with either its original |
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| 1 | | number or a new number. The clerk shall not charge any new or | 2 | | additional fee for the reinstatement. Upon reinstatement, the | 3 | | clerk shall advise the parties of the reinstatement. Parties | 4 | | shall have the same right to a jury trial on remand and | 5 | | reinstatement that they had before the appeal, and no | 6 | | additional or new fee or charge shall be made for a jury trial | 7 | | after remand. | 8 | | (j) Garnishment, wage deduction, and citation. In | 9 | | garnishment affidavit, wage deduction affidavit, and citation | 10 | | petition proceedings: | 11 | | (1) if the amount in controversy in the proceeding is | 12 | | not more than $1,000, the fee may not exceed $35 in a | 13 | | county with a population of 3,000,000 or more and may not | 14 | | exceed $15 in any other county, except as applied to units | 15 | | of local government and school districts in counties with | 16 | | more than 3,000,000 inhabitants an amount not to exceed | 17 | | $15; | 18 | | (2) if the amount in controversy in the proceeding is | 19 | | greater than $1,000 and not more than $5,000, the fee may | 20 | | not exceed $45 in a county with a population of 3,000,000 | 21 | | or more and may not exceed $30 in any other county, except | 22 | | as applied to units of local government and school | 23 | | districts in counties with more than 3,000,000 inhabitants | 24 | | an amount not to exceed $30; and | 25 | | (3) if the amount in controversy in the proceeding is | 26 | | greater than $5,000, the fee may not exceed $65 in a county |
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| 1 | | with a population of 3,000,000 or more and may not exceed | 2 | | $50 in any other county, except as applied to units of | 3 | | local government and school districts in counties with | 4 | | more than 3,000,000 inhabitants an amount not to exceed | 5 | | $50. | 6 | | (j-5) Debt collection. In any proceeding to collect a debt | 7 | | subject to the exception in item (ii) of subparagraph (A-5) of | 8 | | paragraph (1) of subsection (z) of this Section, the circuit | 9 | | court shall order and the clerk shall collect from each | 10 | | judgment debtor a fee of: | 11 | | (1) $35 if the amount in controversy in the proceeding | 12 | | is not more than $1,000; | 13 | | (2) $45 if the amount in controversy in the proceeding | 14 | | is greater than $1,000 and not more than $5,000; and | 15 | | (3) $65 if the amount in controversy in the proceeding | 16 | | is greater than $5,000. | 17 | | (k) Collections. | 18 | | (1) For all collections made of others, except the | 19 | | State and county and except in maintenance or child | 20 | | support cases, the clerk may collect a fee of up to 2.5% of | 21 | | the amount collected and turned over. | 22 | | (2) In child support and maintenance cases, the clerk | 23 | | may collect an annual fee of up to $36 from the person | 24 | | making payment for maintaining child support records and | 25 | | the processing of support orders to the State of Illinois | 26 | | KIDS system and the recording of payments issued by the |
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| 1 | | State Disbursement Unit for the official record of the | 2 | | Court. This fee is in addition to and separate from | 3 | | amounts ordered to be paid as maintenance or child support | 4 | | and shall be deposited into a Separate Maintenance and | 5 | | Child Support Collection Fund, of which the clerk shall be | 6 | | the custodian, ex officio, to be used by the clerk to | 7 | | maintain child support orders and record all payments | 8 | | issued by the State Disbursement Unit for the official | 9 | | record of the Court. The clerk may recover from the person | 10 | | making the maintenance or child support payment any | 11 | | additional cost incurred in the collection of this annual | 12 | | fee. | 13 | | (3) The clerk may collect a fee of $5 for | 14 | | certifications made to the Secretary of State as provided | 15 | | in Section 7-703 of the Illinois Vehicle Code, and this | 16 | | fee shall be deposited into the Separate Maintenance and | 17 | | Child Support Collection Fund. | 18 | | (4) In proceedings to foreclose the lien of delinquent | 19 | | real estate taxes, State's Attorneys shall receive a fee | 20 | | of 10% of the total amount realized from the sale of real | 21 | | estate sold in the proceedings. The clerk shall collect | 22 | | the fee from the total amount realized from the sale of the | 23 | | real estate sold in the proceedings and remit to the | 24 | | County Treasurer to be credited to the earnings of the | 25 | | Office of the State's Attorney. | 26 | | (l) Mailing. The fee for the clerk mailing documents shall |
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| 1 | | not exceed $10 plus the cost of postage. | 2 | | (m) Certified copies. The fee for each certified copy of a | 3 | | judgment, after the first copy, shall not exceed $10. | 4 | | (n) Certification, authentication, and reproduction. | 5 | | (1) The fee for each certification or authentication | 6 | | for taking the acknowledgment of a deed or other | 7 | | instrument in writing with the seal of office shall not | 8 | | exceed $6. | 9 | | (2) The fee for reproduction of any document contained | 10 | | in the clerk's files shall not exceed: | 11 | | (A) $2 for the first page; | 12 | | (B) 50 cents per page for the next 19 pages; and | 13 | | (C) 25 cents per page for all additional pages. | 14 | | (o) Record search. For each record search, within a | 15 | | division or municipal district, the clerk may collect a search | 16 | | fee not to exceed $6 for each year searched. | 17 | | (p) Hard copy. For each page of hard copy print output, | 18 | | when case records are maintained on an automated medium, the | 19 | | clerk may collect a fee not to exceed $10 in a county with a | 20 | | population of 3,000,000 or more and not to exceed $6 in any | 21 | | other county, except as applied to units of local government | 22 | | and school districts in counties with more than 3,000,000 | 23 | | inhabitants an amount not to exceed $6. | 24 | | (q) Index inquiry and other records. No fee shall be | 25 | | charged for a single plaintiff and defendant index inquiry or | 26 | | single case record inquiry when this request is made in person |
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| 1 | | and the records are maintained in a current automated medium, | 2 | | and when no hard copy print output is requested. The fees to be | 3 | | charged for management records, multiple case records, and | 4 | | multiple journal records may be specified by the Chief Judge | 5 | | pursuant to the guidelines for access and dissemination of | 6 | | information approved by the Supreme Court. | 7 | | (r) Performing a marriage. There shall be a $10 fee for | 8 | | performing a marriage in court. | 9 | | (s) Voluntary assignment. For filing each deed of | 10 | | voluntary assignment, the clerk shall collect a fee not to | 11 | | exceed $20. For recording a deed of voluntary assignment, the | 12 | | clerk shall collect a fee not to exceed 50 cents for each 100 | 13 | | words. Exceptions filed to claims presented to an assignee of | 14 | | a debtor who has made a voluntary assignment for the benefit of | 15 | | creditors shall be considered and treated, for the purpose of | 16 | | taxing costs therein, as actions in which the party or parties | 17 | | filing the exceptions shall be considered as party or parties | 18 | | plaintiff, and the claimant or claimants as party or parties | 19 | | defendant, and those parties respectively shall pay to the | 20 | | clerk the same fees as provided by this Section to be paid in | 21 | | other actions. | 22 | | (t) Expungement petition. Except as provided in Sections | 23 | | 1-19 and 5-915 of the Juvenile Court Act of 1987, the clerk may | 24 | | collect a fee not to exceed $60 for each expungement petition | 25 | | filed and an additional fee not to exceed $4 for each certified | 26 | | copy of an order to expunge arrest records. |
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| 1 | | (u) Transcripts of judgment. For the filing of a | 2 | | transcript of judgment, the clerk may collect the same fee as | 3 | | if it were the commencement of a new suit. | 4 | | (v) Probate filings. | 5 | | (1) For each account (other than one final account) | 6 | | filed in the estate of a decedent, or ward, the fee shall | 7 | | not exceed $25. | 8 | | (2) For filing a claim in an estate when the amount | 9 | | claimed is greater than $150 and not more than $500, the | 10 | | fee shall not exceed $40 in a county with a population of | 11 | | 3,000,000 or more and shall not exceed $25 in any other | 12 | | county; when the amount claimed is greater than $500 and | 13 | | not more than $10,000, the fee shall not exceed $55 in a | 14 | | county with a population of 3,000,000 or more and shall | 15 | | not exceed $40 in any other county; and when the amount | 16 | | claimed is more than $10,000, the fee shall not exceed $75 | 17 | | in a county with a population of 3,000,000 or more and | 18 | | shall not exceed $60 in any other county; except the court | 19 | | in allowing a claim may add to the amount allowed the | 20 | | filing fee paid by the claimant. | 21 | | (3) For filing in an estate a claim, petition, or | 22 | | supplemental proceeding based upon an action seeking | 23 | | equitable relief including the construction or contest of | 24 | | a will, enforcement of a contract to make a will, and | 25 | | proceedings involving testamentary trusts or the | 26 | | appointment of testamentary trustees, the fee shall not |
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| 1 | | exceed $60. | 2 | | (4) There shall be no fee for filing in an estate: (i) | 3 | | the appearance of any person for the purpose of consent; | 4 | | or (ii) the appearance of an executor, administrator, | 5 | | administrator to collect, guardian, guardian ad litem, or | 6 | | special administrator. | 7 | | (5) For each jury demand, the fee shall not exceed | 8 | | $137.50. | 9 | | (6) For each certified copy of letters of office, of | 10 | | court order, or other certification, the fee shall not | 11 | | exceed $2 per page. | 12 | | (7) For each exemplification, the fee shall not exceed | 13 | | $2, plus the fee for certification. | 14 | | (8) The executor, administrator, guardian, petitioner, | 15 | | or other interested person , or attorney for one of them or | 16 | | his or her attorney shall pay the cost of publication by | 17 | | the clerk directly to the newspaper. | 18 | | (9) The person on whose behalf a charge is incurred | 19 | | for witness, court reporter, appraiser, or other | 20 | | miscellaneous fees shall pay the same directly to the | 21 | | person entitled thereto. | 22 | | (10) The executor, administrator, guardian, | 23 | | petitioner, or other interested person , or attorney for | 24 | | one of them or his or her attorney shall pay to the clerk | 25 | | all postage charges incurred by the clerk in mailing | 26 | | petitions, orders, notices, or other documents pursuant to |
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| 1 | | the provisions of the Probate Act of 1975. | 2 | | (w) Corrections of numbers. For correction of the case | 3 | | number, case title, or attorney computer identification | 4 | | number, if required by rule of court, on any document filed in | 5 | | the clerk's office, to be charged against the party that filed | 6 | | the document, the fee shall not exceed $25. | 7 | | (x) Miscellaneous. | 8 | | (1) Interest earned on any fees collected by the clerk | 9 | | shall be turned over to the county general fund as an | 10 | | earning of the office. | 11 | | (2) For any check, draft, or other bank instrument | 12 | | returned to the clerk for non-sufficient funds, account | 13 | | closed, or payment stopped, the clerk shall collect a fee | 14 | | of $25. | 15 | | (y) Other fees. Any fees not covered in this Section shall | 16 | | be set by rule or administrative order of the circuit court | 17 | | with the approval of the Administrative Office of the Illinois | 18 | | Courts. The clerk of the circuit court may provide services in | 19 | | connection with the operation of the clerk's office, other | 20 | | than those services mentioned in this Section, as may be | 21 | | requested by the public and agreed to by the clerk and approved | 22 | | by the Chief Judge. Any charges for additional services shall | 23 | | be as agreed to between the clerk and the party making the | 24 | | request and approved by the Chief Judge. Nothing in this | 25 | | subsection shall be construed to require any clerk to provide | 26 | | any service not otherwise required by law. |
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| 1 | | (y-5) Unpaid fees. Unless a court ordered payment schedule | 2 | | is implemented or the fee requirements of this Section are | 3 | | waived under a court order, the clerk of the circuit court may | 4 | | add to any unpaid fees and costs under this Section a | 5 | | delinquency amount equal to 5% of the unpaid fees that remain | 6 | | unpaid after 30 days, 10% of the unpaid fees that remain unpaid | 7 | | after 60 days, and 15% of the unpaid fees that remain unpaid | 8 | | after 90 days. Notice to those parties may be made by signage | 9 | | posting or publication. The additional delinquency amounts | 10 | | collected under this Section shall be deposited into the | 11 | | Circuit Court Clerk Operations and Administration Fund and | 12 | | used to defray additional administrative costs incurred by the | 13 | | clerk of the circuit court in collecting unpaid fees and | 14 | | costs. | 15 | | (z) Exceptions. | 16 | | (1) No fee authorized by this Section shall apply to: | 17 | | (A) police departments or other law enforcement | 18 | | agencies. In this Section, "law enforcement agency" | 19 | | means: an agency of the State or agency of a unit of | 20 | | local government which is vested by law or ordinance | 21 | | with the duty to maintain public order and to enforce | 22 | | criminal laws or ordinances; the Attorney General; or | 23 | | any State's Attorney; | 24 | | (A-5) any unit of local government or school | 25 | | district, except in counties having a population of | 26 | | 500,000 or more the county board may by resolution set |
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| 1 | | fees for units of local government or school districts | 2 | | no greater than the minimum fees applicable in | 3 | | counties with a population less than 3,000,000; | 4 | | provided however, no fee may be charged to any unit of | 5 | | local government or school district in connection with | 6 | | any action which, in whole or in part, is: (i) to | 7 | | enforce an ordinance; (ii) to collect a debt; or (iii) | 8 | | under the Administrative Review Law; | 9 | | (B) any action instituted by the corporate | 10 | | authority of a municipality with more than 1,000,000 | 11 | | inhabitants under Section 11-31-1 of the Illinois | 12 | | Municipal Code and any action instituted under | 13 | | subsection (b) of Section 11-31-1 of the Illinois | 14 | | Municipal Code by a private owner or tenant of real | 15 | | property within 1,200 feet of a dangerous or unsafe | 16 | | building seeking an order compelling the owner or | 17 | | owners of the building to take any of the actions | 18 | | authorized under that subsection; | 19 | | (C) any commitment petition or petition for an | 20 | | order authorizing the administration of psychotropic | 21 | | medication or electroconvulsive therapy under the | 22 | | Mental Health and Developmental Disabilities Code; | 23 | | (D) a petitioner in any order of protection | 24 | | proceeding, including, but not limited to, fees for | 25 | | filing, modifying, withdrawing, certifying, or | 26 | | photocopying petitions for orders of protection, |
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| 1 | | issuing alias summons, any related filing service, or | 2 | | certifying, modifying, vacating, or photocopying any | 3 | | orders of protection; | 4 | | (E) proceedings for the appointment of a | 5 | | confidential intermediary under the Adoption Act; | 6 | | (F) a minor subject to Article III, IV, or V of the | 7 | | Juvenile Court Act of 1987, or the minor's parent, | 8 | | guardian, or legal custodian; or | 9 | | (G) a minor under the age of 18 transferred to | 10 | | adult court or excluded from juvenile court | 11 | | jurisdiction under Article V of the Juvenile Court Act | 12 | | of 1987, or the minor's parent, guardian, or legal | 13 | | custodian. | 14 | | (2) No fee other than the filing fee contained in the | 15 | | applicable schedule in subsection (a) shall be charged to | 16 | | any person in connection with an adoption proceeding. | 17 | | (3) Upon good cause shown, the court may waive any | 18 | | fees associated with a special needs adoption. The term | 19 | | "special needs adoption" has the meaning provided by the | 20 | | Illinois Department of Children and Family Services. | 21 | | (4) Notwithstanding any other provision of law, the | 22 | | filing fee for a petition for name change may not exceed | 23 | | $25. For good cause shown, the court may waive this filing | 24 | | fee. | 25 | | (Source: P.A. 102-145, eff. 7-23-21; 102-278, eff. 8-6-21; | 26 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-4, eff. |
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| 1 | | 5-31-23; 103-379, eff. 7-28-23; revised 8-30-23.) | 2 | | Section 10. The Code of Civil Procedure is amended by | 3 | | changing Section 21-101 and by adding Section 21-103.8 as | 4 | | follows: | 5 | | (735 ILCS 5/21-101) (from Ch. 110, par. 21-101) | 6 | | Sec. 21-101. Proceedings; parties. | 7 | | (a) If any person who is a resident of this State and has | 8 | | resided in this State for 6 months desires to change his or her | 9 | | name and to assume another name by which to be afterwards | 10 | | called and known, the person may file a petition requesting | 11 | | that relief in the circuit court of the county wherein he or | 12 | | she resides. | 13 | | (b) A person who has been convicted of any offense for | 14 | | which a person is required to register under the Sex Offender | 15 | | Registration Act, the Murderer and Violent Offender Against | 16 | | Youth Registration Act, or the Arsonist Registration Act in | 17 | | this State or any other state and who has not been pardoned is | 18 | | not permitted to file a petition for a name change in the | 19 | | courts of this State during the period that the person is | 20 | | required to register, unless that person verifies under oath, | 21 | | as provided under Section 1-109, that the petition for the | 22 | | name change is due to marriage, religious beliefs, status as a | 23 | | victim of trafficking or gender-related identity as defined by | 24 | | the Illinois Human Rights Act. A judge may grant or deny the |
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| 1 | | request for legal name change filed by such persons. Any such | 2 | | persons granted a legal name change shall report the change to | 3 | | the law enforcement agency having jurisdiction of their | 4 | | current registration pursuant to the Duty to Report | 5 | | requirements specified in Section 35 of the Arsonist | 6 | | Registration Act, Section 20 of the Murderer and Violent | 7 | | Offender Against Youth Registration Act, and Section 6 of the | 8 | | Sex Offender Registration Act. For the purposes of this | 9 | | subsection, a person will not face a felony charge if the | 10 | | person's request for legal name change is denied without proof | 11 | | of perjury. | 12 | | (b-1) A person who has been convicted of a felony offense | 13 | | in this State or any other state and whose sentence has not | 14 | | been completed, terminated, or discharged is not permitted to | 15 | | file a petition for a name change in the courts of this State | 16 | | unless that person is pardoned for the offense. | 17 | | (c) A petitioner may include the petitioner's his or her | 18 | | spouse and adult unmarried children, with their consent, and | 19 | | the petitioner's his or her minor children where it appears to | 20 | | the court that it is for their best interest, in the petition | 21 | | and relief requested, and the court's order shall then include | 22 | | the spouse and children. Whenever any minor has resided in the | 23 | | family of any person for the space of 3 years and has been | 24 | | recognized and known as an adopted child in the family of that | 25 | | person, the application herein provided for may be made by the | 26 | | person having that minor in that person's his or her family. |
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| 1 | | An order shall be entered as to a minor only if the court | 2 | | finds by clear and convincing evidence that the change is | 3 | | necessary to serve the best interest of the child. In | 4 | | determining the best interest of a minor child under this | 5 | | Section, the court shall consider all relevant factors, | 6 | | including: | 7 | | (1) The wishes of the child's parents and any person | 8 | | acting as a parent who has physical custody of the child. | 9 | | (2) The wishes of the child and the reasons for those | 10 | | wishes. The court may interview the child in chambers to | 11 | | ascertain the child's wishes with respect to the change of | 12 | | name. Counsel shall be present at the interview unless | 13 | | otherwise agreed upon by the parties. The court shall | 14 | | cause a court reporter to be present who shall make a | 15 | | complete record of the interview instantaneously to be | 16 | | part of the record in the case. | 17 | | (3) The interaction and interrelationship of the child | 18 | | with the child's his or her parents or persons acting as | 19 | | parents who have physical custody of the child, | 20 | | step-parents, siblings, step-siblings, or any other person | 21 | | who may significantly affect the child's best interest. | 22 | | (4) The child's adjustment to the child's his or her | 23 | | home, school, and community. | 24 | | (d) If it appears to the court that the conditions and | 25 | | requirements under this Article have been complied with and | 26 | | that there is no reason why the relief requested should not be |
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| 1 | | granted, the court, by an order to be entered of record, may | 2 | | direct and provide that the name of that person be changed in | 3 | | accordance with the relief requested in the petition. If the | 4 | | circuit court orders that a name change be granted to a person | 5 | | who has been adjudicated or convicted of a felony or | 6 | | misdemeanor offense under the laws of this State or any other | 7 | | state for which a pardon has not been granted, or has an arrest | 8 | | for which a charge has not been filed or a pending charge on a | 9 | | felony or misdemeanor offense, a copy of the order, including | 10 | | a copy of each applicable access and review response, shall be | 11 | | forwarded to the Illinois State Police. The Illinois State | 12 | | Police shall update any criminal history transcript or | 13 | | offender registration of each person 18 years of age or older | 14 | | in the order to include the change of name as well as his or | 15 | | her former name. | 16 | | (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; | 17 | | revised 12-15-23.) | 18 | | (735 ILCS 5/21-103.8 new) | 19 | | Sec. 21-103.8. Impounding court file. | 20 | | (a) A petitioner may file a request to have the | 21 | | petitioner's court file impounded by filing a statement, | 22 | | verified under oath as provided under Section 1-109 of this | 23 | | Code, that the person believes that public disclosure would be | 24 | | a hardship and have a negative impact on the person's health or | 25 | | safety to include, but not be limited to, that the person is |
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| 1 | | transgender, an adoptee, a survivor of domestic or intimate | 2 | | partner abuse, a survivor of gender-based violence, a survivor | 3 | | of human trafficking, a refugee, a person who has been granted | 4 | | special immigrant status by the United States Citizenship and | 5 | | Immigration Service, a person who has survived reparative or | 6 | | conversion therapy, or a person who has been granted asylum in | 7 | | this country. The petitioner may attach to the statement any | 8 | | supporting documents including relevant court orders, although | 9 | | self attestation shall suffice as acceptable documentation. | 10 | | (b) If the petitioner files a statement attesting that | 11 | | disclosure of the petitioner's address would put the | 12 | | petitioner or any member of the petitioner's family or | 13 | | household at risk or reveal the confidential address of a | 14 | | shelter for domestic violence victims, that address may be | 15 | | omitted from all documents filed with the court, and the | 16 | | petitioner may designate an alternative address for service. | 17 | | (c) Court administrators may allow domestic abuse | 18 | | advocates, rape crisis advocates, and victim advocates to | 19 | | assist petitioners in the preparation of name changes under | 20 | | this Section. Advocates providing assistance under this | 21 | | Section are not engaged in the unauthorized practice law. | 22 | | (735 ILCS 5/21-103 rep.) | 23 | | Section 15. The Code of Civil Procedure is amended by | 24 | | repealing Section 21-103.". |
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