Full Text of HB3455 95th General Assembly
HB3455enr 95TH GENERAL ASSEMBLY
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HB3455 Enrolled |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Mental Health and Developmental | 5 |
| Disabilities Code is amended by changing Sections 2-102, 2-107, | 6 |
| 2-107.1, 2-107.2, 2-107.3, 2-200, and 3-802 as follows:
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| (405 ILCS 5/2-102) (from Ch. 91 1/2, par. 2-102)
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| Sec. 2-102. (a) A recipient of services shall be provided | 9 |
| with adequate
and humane care and services in the least | 10 |
| restrictive environment, pursuant
to an individual services | 11 |
| plan. The Plan shall be formulated
and periodically
reviewed | 12 |
| with the participation of the recipient to the extent feasible
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| and the recipient's
guardian, the recipient's substitute | 14 |
| decision maker, if any, or any other
individual
designated in | 15 |
| writing by the recipient. The facility shall advise the
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| recipient of
his or her right to designate a family member or | 17 |
| other individual to
participate in the formulation and review | 18 |
| of the treatment plan. In
determining whether care and services | 19 |
| are being provided in the least
restrictive environment, the | 20 |
| facility shall consider the views of the
recipient, if any, | 21 |
| concerning the treatment being provided. The recipient's
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| preferences regarding emergency interventions under
subsection | 23 |
| (d) of Section 2-200 shall be noted in the recipient's |
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| treatment
plan.
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| (a-5) If
the services include the administration of | 3 |
| electroconvulsive therapy or psychotropic medication
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| authorized involuntary treatment ,
the
physician or the | 5 |
| physician's designee shall advise the recipient, in
writing, of | 6 |
| the side effects,
risks, and benefits of
the treatment, as well | 7 |
| as alternatives to the proposed treatment, to the
extent such | 8 |
| advice is consistent with the recipient's ability to understand | 9 |
| the
information communicated.
The physician shall determine | 10 |
| and state in writing whether the
recipient has the capacity to | 11 |
| make a reasoned decision about the treatment.
The physician or | 12 |
| the physician's designee shall provide to the recipient's
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| substitute decision maker, if any, the same written information | 14 |
| that is
required to be presented to the recipient in writing.
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| If
the recipient lacks the capacity to make a reasoned decision | 16 |
| about the
treatment, the treatment may be administered only (i) | 17 |
| pursuant to the
provisions
of Section 2-107 or 2-107.1 or (ii) | 18 |
| pursuant to
a power of attorney for health care under the | 19 |
| Powers of
Attorney for Health Care Law or a declaration for | 20 |
| mental health treatment
under the Mental Health Treatment | 21 |
| Preference Declaration
Act.
A surrogate decision maker, other | 22 |
| than a court appointed guardian, under the
Health Care | 23 |
| Surrogate Act may not consent to the administration of | 24 |
| electroconvulsive therapy or psychotropic medication
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| authorized
involuntary
treatment . A surrogate may, however, | 26 |
| petition for administration of such
authorized
involuntary
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| treatment pursuant to this Act.
If the recipient is under | 2 |
| guardianship and the guardian is
authorized
to consent to the | 3 |
| administration of electroconvulsive therapy or psychotropic | 4 |
| medication
authorized involuntary treatment pursuant
to | 5 |
| subsection (c) of Section
2-107.1 of this Code,
the
physician | 6 |
| shall advise the guardian in writing of the side effects and | 7 |
| risks of
the treatment, alternatives to the proposed treatment, | 8 |
| and the risks and
benefits of the treatment. A qualified | 9 |
| professional shall be responsible for overseeing
the | 10 |
| implementation of such plan. Such care and treatment shall
make | 11 |
| reasonable accommodation of any physical disability of the | 12 |
| recipient,
including but not limited to
the regular use of sign | 13 |
| language for any hearing impaired individual for
whom sign | 14 |
| language is a primary mode of communication.
If the recipient | 15 |
| is unable to communicate effectively in English, the
facility | 16 |
| shall make reasonable efforts to provide services to the
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| recipient in a language that the recipient understands.
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| (b) A recipient of services who is an adherent or a member | 19 |
| of any
well-recognized religious denomination, the principles | 20 |
| and tenets of which
teach reliance upon services by spiritual | 21 |
| means through prayer alone for
healing by a duly accredited | 22 |
| practitioner thereof, shall have the right to
choose such | 23 |
| services. The parent or guardian of a recipient of services who
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| is a minor, or a guardian of a recipient of services who is not | 25 |
| a minor,
shall have the right to choose services by spiritual | 26 |
| means through prayer
for the recipient of services.
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| (Source: P.A. 90-538, eff. 12-1-97; 91-726, eff. 6-2-00.)
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| (405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107)
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| Sec. 2-107. Refusal of services; informing of risks.
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| (a) An adult recipient of services or the recipient's | 5 |
| guardian,
if the recipient is under guardianship, and the | 6 |
| recipient's substitute
decision maker, if any, must be informed | 7 |
| of the recipient's right to
refuse medication or | 8 |
| electroconvulsive therapy . The recipient and the recipient's | 9 |
| guardian or substitute
decision maker shall be given the | 10 |
| opportunity to
refuse generally accepted mental health or | 11 |
| developmental disability services,
including but not limited | 12 |
| to medication or electroconvulsive therapy . If such services | 13 |
| are refused, they
shall not be given unless such services are | 14 |
| necessary to prevent the recipient
from causing serious and | 15 |
| imminent physical harm to the recipient or others and
no less | 16 |
| restrictive alternative is available.
The facility director | 17 |
| shall inform a recipient, guardian, or
substitute decision | 18 |
| maker, if any, who refuses such
services of alternate services | 19 |
| available and the risks of such alternate
services, as well as | 20 |
| the possible consequences to the recipient of refusal of
such | 21 |
| services.
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| (b) Psychotropic medication or electroconvulsive therapy
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| Authorized involuntary treatment may be administered
given
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| under this Section for
up to 24 hours only if the circumstances | 25 |
| leading up to the need for emergency
treatment are set forth in |
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| writing in the recipient's record.
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| (c) Administration of medication or electroconvulsive | 3 |
| therapy
Authorized involuntary treatment may not be continued | 4 |
| unless the need
for such treatment is redetermined at least | 5 |
| every 24 hours based upon a
personal examination of the | 6 |
| recipient by a physician or a nurse under the
supervision of a | 7 |
| physician and the circumstances demonstrating that need are
set | 8 |
| forth in writing in the recipient's record.
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| (d) Neither psychotropic medication nor electroconvulsive | 10 |
| therapy
Authorized involuntary treatment may not be | 11 |
| administered under this
Section for a period in excess of 72 | 12 |
| hours, excluding Saturdays, Sundays, and
holidays, unless a | 13 |
| petition is filed under Section 2-107.1 and the treatment
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| continues to be necessary under subsection (a) of this Section. | 15 |
| Once the
petition has been filed, treatment may continue in | 16 |
| compliance with subsections
(a), (b), and (c) of this Section | 17 |
| until the final outcome of the hearing on the
petition.
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| (e) The Department shall issue rules designed to insure | 19 |
| that in
State-operated mental health facilities psychotropic | 20 |
| medication and electroconvulsive therapy are
authorized | 21 |
| involuntary treatment is
administered in accordance with this | 22 |
| Section and only when appropriately
authorized and monitored by | 23 |
| a physician or a nurse under the supervision
of a physician
in | 24 |
| accordance with accepted medical practice. The facility | 25 |
| director of each
mental health facility not operated by the | 26 |
| State shall issue rules designed to
insure that in that |
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| facility psychotropic medication and electroconvulsive therapy | 2 |
| are
authorized involuntary treatment is administered
in
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| accordance with this Section and only when appropriately | 4 |
| authorized and
monitored by a physician or a nurse under the | 5 |
| supervision of a
physician in accordance with accepted medical | 6 |
| practice. Such rules shall be
available for public inspection | 7 |
| and copying during normal business hours.
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| (f) The provisions of this Section with respect to the | 9 |
| emergency
administration of psychotropic medication and | 10 |
| electroconvulsive therapy
authorized involuntary treatment do | 11 |
| not apply to facilities
licensed under the Nursing Home Care | 12 |
| Act.
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| (g) Under no circumstances may long-acting psychotropic | 14 |
| medications be
administered under this Section.
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| (h) Whenever psychotropic medication or electroconvulsive | 16 |
| therapy is refused pursuant to subsection (a) of this Section | 17 |
| at least once that day, the physician shall determine and state | 18 |
| in writing the reasons why the recipient did not meet the | 19 |
| criteria for administration of medication or electroconvulsive | 20 |
| therapy
involuntary treatment under subsection (a) and whether | 21 |
| the recipient meets the standard for administration of | 22 |
| psychotropic medication or electroconvulsive therapy
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| authorized involuntary treatment under Section 2-107.1 of this | 24 |
| Code. If the physician determines that the recipient meets the | 25 |
| standard for administration of psychotropic medication or | 26 |
| electroconvulsive therapy
authorized involuntary treatment
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| under Section 2-107.1, the facility director or his or her | 2 |
| designee shall petition the court for administration of | 3 |
| psychotropic medication or electroconvulsive therapy
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| authorized involuntary treatment pursuant to that Section | 5 |
| unless the facility director or his or her designee states in | 6 |
| writing in the recipient's record why the filing of such a | 7 |
| petition is not warranted. This subsection (h) applies only to | 8 |
| State-operated mental health facilities. | 9 |
| (i) The Department shall conduct annual trainings for all | 10 |
| physicians and registered nurses working in State-operated | 11 |
| mental health facilities on the appropriate use of emergency | 12 |
| administration of psychotropic medication and | 13 |
| electroconvulsive therapy
authorized involuntary treatment , | 14 |
| standards for their
its use, and the methods of authorization | 15 |
| under this Section.
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| (Source: P.A. 94-1066, eff. 8-1-06.)
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| (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
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| Sec. 2-107.1. Administration of psychotropic medication | 19 |
| and electroconvulsive therapy
authorized involuntary treatment
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| upon
application to a court.
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| (a) (Blank).
An adult recipient of services and the | 22 |
| recipient's guardian, if the
recipient is under guardianship, | 23 |
| and the substitute decision
maker, if any, shall be informed of | 24 |
| the recipient's right to refuse medication.
The recipient and | 25 |
| the recipient's guardian or substitute
decision maker shall be |
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| given the opportunity to refuse generally accepted
mental | 2 |
| health or developmental disability services, including
but not | 3 |
| limited to medication.
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| (a-5) Notwithstanding the provisions of Section 2-107 of | 5 |
| this
Code, psychotropic medication and electroconvulsive | 6 |
| therapy
authorized
involuntary treatment may be administered | 7 |
| to an adult recipient of
services without the informed consent | 8 |
| of the recipient under the following
standards:
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| (1) Any person 18 years of age or older, including any | 10 |
| guardian, may
petition the circuit court for an order | 11 |
| authorizing the administration of psychotropic medication | 12 |
| and electroconvulsive therapy
authorized involuntary | 13 |
| treatment to a recipient
of services.
The petition shall | 14 |
| state that the petitioner has made a good faith attempt to
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| determine whether the recipient has executed a power of | 16 |
| attorney for health
care under the Powers of Attorney for | 17 |
| Health Care Law or a declaration for
mental health | 18 |
| treatment under the Mental Health Treatment Preference
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| Declaration Act and to obtain copies of these instruments | 20 |
| if they exist. If
either of the above-named instruments is | 21 |
| available to the petitioner, the
instrument or a copy of | 22 |
| the instrument shall be attached to the petition as
an | 23 |
| exhibit.
The petitioner shall deliver a copy of the | 24 |
| petition, and notice of the time
and place of the hearing, | 25 |
| to the respondent, his or her attorney, any known
agent or
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| attorney-in-fact, if any, and the
guardian, if any, no |
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| later than 3 days prior to the date of the
hearing.
Service | 2 |
| of the petition and notice of the time and place of the | 3 |
| hearing may
be made by transmitting them via facsimile | 4 |
| machine to the
respondent or other party. Upon receipt of | 5 |
| the petition and notice, the party
served, or the person | 6 |
| delivering the petition and notice to
the party served, | 7 |
| shall acknowledge service. If the party sending the | 8 |
| petition
and notice does not receive acknowledgement of | 9 |
| service
within 24 hours, service must be made by personal | 10 |
| service.
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| The
petition may include a request that the court | 12 |
| authorize such testing and
procedures as may be essential | 13 |
| for the safe and effective administration of the | 14 |
| psychotropic medication or electroconvulsive therapy
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| authorized involuntary treatment sought to be
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| administered, but only where the
petition
sets forth the | 17 |
| specific testing and procedures sought to be administered.
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| If a hearing is requested to be held immediately | 19 |
| following the hearing on
a petition for
involuntary | 20 |
| admission, then the notice requirement shall be the same as | 21 |
| that
for the hearing on
the petition for involuntary | 22 |
| admission, and the petition filed pursuant to this
Section | 23 |
| shall be filed
with the petition for involuntary admission.
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| (2) The court shall hold a hearing within 7 days of the | 25 |
| filing
of the petition. The People, the petitioner, or the | 26 |
| respondent shall be
entitled
to a continuance of up to 7 |
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| days as of right. An additional
continuance of not more | 2 |
| than 7 days may be granted to
any party (i)
upon a showing | 3 |
| that the continuance is needed in order
to adequately
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| prepare for or present evidence in a hearing under this | 5 |
| Section or
(ii) under exceptional circumstances. The court | 6 |
| may
grant an additional continuance
not to exceed 21 days | 7 |
| when, in its discretion, the court determines that such a
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| continuance is necessary in order to provide the recipient | 9 |
| with an examination
pursuant to Section 3-803 or 3-804 of | 10 |
| this Act, to provide the recipient with a
trial by jury as | 11 |
| provided in Section 3-802 of this Act, or to arrange for | 12 |
| the
substitution of counsel as provided for by the Illinois | 13 |
| Supreme Court Rules.
The hearing shall be
separate from a | 14 |
| judicial proceeding held to determine whether a person is
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| subject to involuntary admission but may be heard | 16 |
| immediately preceding or
following such a judicial | 17 |
| proceeding and may be heard by the same trier of fact
or | 18 |
| law as in that judicial proceeding.
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| (3) Unless otherwise provided herein, the procedures | 20 |
| set forth in
Article VIII of Chapter 3 of this Act, | 21 |
| including the provisions regarding
appointment of counsel, | 22 |
| shall govern hearings held under this subsection
(a-5).
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| (4) Psychotropic medication and electroconvulsive | 24 |
| therapy may
Authorized involuntary treatment shall
not be | 25 |
| administered to the recipient if and only if
unless
it has | 26 |
| been determined by clear and convincing evidence that all |
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| of
the following factors are present. In determining | 2 |
| whether a person meets the criteria specified in the | 3 |
| following
paragraphs (A) through (G), the court may | 4 |
| consider evidence of the person's history of
serious | 5 |
| violence, repeated past pattern of specific behavior, | 6 |
| actions related to the person's
illness, or past outcomes | 7 |
| of various treatment options.
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| (A) That the recipient has a serious mental illness | 9 |
| or
developmental disability.
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| (B) That because of said mental illness or | 11 |
| developmental disability,
the recipient currently | 12 |
| exhibits any one of the following: (i)
deterioration of | 13 |
| his
or her ability to function, as compared to the | 14 |
| recipient's ability to
function prior to the current | 15 |
| onset of symptoms of the mental illness or
disability | 16 |
| for which treatment is presently sought, (ii) | 17 |
| suffering, or (iii)
threatening
behavior.
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| (C) That the illness or disability has existed for | 19 |
| a period marked by
the continuing presence of the | 20 |
| symptoms set forth in item (B) of this
subdivision (4) | 21 |
| or the repeated episodic occurrence of these symptoms.
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| (D) That the benefits of the treatment
outweigh the | 23 |
| harm.
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| (E) That the recipient lacks the capacity to make a
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| reasoned
decision about the treatment.
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| (F) That other less restrictive services have been |
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| explored
and found inappropriate.
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| (G) If the petition seeks authorization for | 3 |
| testing and other
procedures,
that such testing and | 4 |
| procedures are essential for the safe and effective
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| administration of the treatment.
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| (5) In no event shall an order issued under this | 7 |
| Section be effective
for more than 90 days.
A second 90-day | 8 |
| period of involuntary treatment may be authorized pursuant | 9 |
| to
a hearing that
complies
with the standards and | 10 |
| procedures of this subsection (a-5).
Thereafter, | 11 |
| additional 180-day periods of involuntary treatment may be
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| authorized pursuant to
the standards and procedures of this | 13 |
| Section without limit.
If a new petition to authorize the | 14 |
| administration of psychotropic medication or | 15 |
| electroconvulsive therapy
authorized involuntary
treatment
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| is filed at least 15 days prior to the
expiration of the | 17 |
| prior order, and if
any continuance of the hearing is | 18 |
| agreed to by the recipient, the
administration of the | 19 |
| treatment may continue in accordance
with
the prior order
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| pending the completion of a hearing under this Section.
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| (6) An order issued under this subsection (a-5) shall
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| designate the persons
authorized to administer the | 23 |
| authorized involuntary treatment under the
standards
and | 24 |
| procedures of this subsection (a-5).
Those persons shall | 25 |
| have complete discretion not to administer any
treatment | 26 |
| authorized under this Section.
The order shall also specify |
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| the medications and the anticipated range of
dosages that | 2 |
| have been authorized and may include a list of any | 3 |
| alternative
medications and range of dosages deemed | 4 |
| necessary.
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| (a-10) The court may, in its discretion, appoint a guardian | 6 |
| ad litem for a recipient before the court or authorize an | 7 |
| existing guardian of the person to monitor treatment and | 8 |
| compliance with court orders under this Section.
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| (b) A guardian may be authorized to consent to the | 10 |
| administration
of psychotropic medication or electroconvulsive | 11 |
| therapy
authorized involuntary treatment to an
objecting | 12 |
| recipient only under the
standards and procedures of subsection | 13 |
| (a-5).
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| (c) Notwithstanding any other provision of this Section, a | 15 |
| guardian may
consent to the administration of psychotropic | 16 |
| medication or electroconvulsive therapy
authorized involuntary | 17 |
| treatment to a
non-objecting
recipient under Article XIa of the | 18 |
| Probate Act of 1975.
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| (d) Nothing in this Section shall prevent the | 20 |
| administration of psychotropic medication or electroconvulsive | 21 |
| therapy
authorized involuntary treatment to recipients
in an | 22 |
| emergency under Section 2-107 of
this Act.
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| (e) Notwithstanding any of the provisions of this Section, | 24 |
| psychotropic medication or electroconvulsive therapy
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| authorized
involuntary treatment may be administered pursuant | 26 |
| to a power of attorney for
health care under the Powers of |
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| Attorney for Health Care Law or a declaration
for mental health | 2 |
| treatment under the Mental Health Treatment Preference
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| Declaration Act.
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| (f) The Department shall conduct annual trainings for | 5 |
| physicians and registered nurses working in State-operated | 6 |
| mental health facilities on the appropriate use of psychotropic | 7 |
| medication and electroconvulsive therapy
authorized | 8 |
| involuntary treatment , standards for their
its use, and the | 9 |
| preparation of court petitions under this Section.
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| (Source: P.A. 93-573, eff. 8-21-03; 94-1066, eff. 8-1-06.)
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| (405 ILCS 5/2-107.2) (from Ch. 91 1/2, par. 2-107.2)
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| Sec. 2-107.2. Review; notice.
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| (a) Whenever any recipient, who is receiving treatment in a
| 14 |
| residential mental health facility, has been receiving | 15 |
| psychotropic medication or electroconvulsive therapy
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| authorized involuntary
treatment in that facility continuously | 17 |
| or on a regular basis for a
period of 3 months, and, if the | 18 |
| treatment is continued while
the recipient
is a resident in | 19 |
| that facility, every 6 months
thereafter, for so long as the | 20 |
| treatment shall continue, the
facility
director shall convene a | 21 |
| treatment review panel to review the treatment.
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| (b) At least 7 days prior to the date of the meeting, the | 23 |
| recipient, his
or her guardian, if any, and the person | 24 |
| designated under subsection (b) of
Section 2-200 shall be given | 25 |
| written notification of the time and place of the
treatment |
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| review meeting. The notice shall also advise the recipient of | 2 |
| his or
her right to designate some person to attend the meeting | 3 |
| and assist the
recipient.
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| (c) If, during the course of the review, the recipient or | 5 |
| guardian, if
any, advises the committee that
he no longer | 6 |
| agrees to continue receiving the treatment,
the treatment must | 7 |
| be
discontinued except that the treatment may be administered
| 8 |
| under either
Section 2-107 or 2-107.1. If the recipient and | 9 |
| guardian, if any, continues
to agree to the treatment, the | 10 |
| treatment
shall be continued if the
committee determines that | 11 |
| the recipient is receiving appropriate treatment and that the | 12 |
| benefit to the recipient outweighs any risk of harm
to the
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| recipient.
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| (d) The Department shall issue rules to implement the | 15 |
| requirements of this
Section.
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| (Source: P.A. 89-439, eff. 6-1-96; 90-538, eff. 12-1-97.)
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| (405 ILCS 5/2-107.3) | 18 |
| Sec. 2-107.3. Reports. Each facility director of a | 19 |
| State-operated mental health facility shall prepare a | 20 |
| quarterly report stating the number of persons who were | 21 |
| determined to meet the
standard for administration of | 22 |
| psychotropic medication or electroconvulsive therapy
| 23 |
| authorized involuntary treatment but for whom it was determined | 24 |
| that the filing of such a petition was not warranted as | 25 |
| provided for in subsection (h) of Section 2-107 of this Code |
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| and the reasons for each such determination. The Department | 2 |
| shall prepare and publish an annual report summarizing the | 3 |
| information received under this Section. The Department's | 4 |
| report shall include the data from each facility filing such a | 5 |
| report and shall separately report the data from each such | 6 |
| facility, identified by facility.
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| (Source: P.A. 94-1066, eff. 8-1-06.)
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| (405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
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| Sec. 2-200. (a) Upon commencement of services, or as soon | 10 |
| thereafter as
the condition of the recipient permits, every | 11 |
| adult recipient, as well as the
recipient's guardian or | 12 |
| substitute decision maker, and every recipient who is
12
years | 13 |
| of age or older and the parent or guardian of a minor or person
| 14 |
| under guardianship shall be informed orally and in writing of | 15 |
| the rights
guaranteed by this Chapter which are relevant to the | 16 |
| nature of the
recipient's services
program. Every facility | 17 |
| shall also post conspicuously in public areas
a summary of the | 18 |
| rights which are relevant to the services delivered by
that | 19 |
| facility.
| 20 |
| (b) A recipient who is 12 years of age or older and the | 21 |
| parent or guardian
of a minor or person under guardianship at | 22 |
| any time may designate, and upon
commencement of services shall | 23 |
| be informed of the right to designate, a
person or agency to | 24 |
| receive notice under Section 2-201 or to direct that
no | 25 |
| information about the recipient be disclosed to any person or |
|
|
|
HB3455 Enrolled |
- 17 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| agency.
| 2 |
| (c) Upon commencement of services, or as soon thereafter as | 3 |
| the
condition of the recipient permits, the facility shall ask | 4 |
| the adult
recipient or minor recipient admitted pursuant to | 5 |
| Section 3-502 whether the
recipient wants the facility to | 6 |
| contact the recipient's spouse, parents,
guardian, close | 7 |
| relatives, friends, attorney, advocate from the
Guardianship | 8 |
| and Advocacy Commission or the agency designated by the
| 9 |
| Governor under Section 1 of "An Act in relation to the | 10 |
| protection and
advocacy of the rights of persons with | 11 |
| developmental disabilities, and
amending Acts therein named", | 12 |
| approved September 20, 1985, or others and
inform them of the | 13 |
| recipient's presence at the facility. The facility
shall by | 14 |
| phone or by mail contact at least two of those people | 15 |
| designated
by the recipient and shall inform them of the | 16 |
| recipient's location. If the
recipient so requests, the | 17 |
| facility shall also inform them of how to
contact the | 18 |
| recipient.
| 19 |
| (d) Upon commencement of services, or as soon thereafter as | 20 |
| the condition
of the recipient permits, the facility shall | 21 |
| advise the recipient as to the
circumstances under which the | 22 |
| law permits the use of emergency forced
medication or | 23 |
| electroconvulsive therapy under subsection (a) of Section | 24 |
| 2-107, restraint under Section
2-108, or seclusion under | 25 |
| Section 2-109. At the same time, the facility shall
inquire of | 26 |
| the recipient which form of intervention the recipient would |
|
|
|
HB3455 Enrolled |
- 18 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| prefer
if any of these circumstances should arise. The | 2 |
| recipient's preference shall
be noted in the recipient's record | 3 |
| and communicated by the facility to the
recipient's guardian or | 4 |
| substitute decision maker, if any, and any other
individual | 5 |
| designated by the recipient. If any such circumstances | 6 |
| subsequently
do arise, the facility shall give due | 7 |
| consideration to the preferences of the
recipient regarding | 8 |
| which form of intervention to use as communicated to the
| 9 |
| facility by the recipient or as stated in the recipient's | 10 |
| advance directive.
| 11 |
| (Source: P.A. 91-726, eff. 6-2-00.)
| 12 |
| (405 ILCS 5/3-802) (from Ch. 91 1/2, par. 3-802)
| 13 |
| Sec. 3-802. The respondent is entitled to a jury on the | 14 |
| question of
whether he is subject to involuntary admission. The | 15 |
| jury shall consist
of 6 persons to be chosen in the same manner | 16 |
| as are jurors in other civil
proceedings.
A respondent is not | 17 |
| entitled to a jury on the question of whether psychotropic | 18 |
| medication or electroconvulsive therapy
authorized
involuntary
| 19 |
| treatment may be administered under Section 2-107.1.
| 20 |
| (Source: P.A. 93-573, eff. 8-21-03.)
| 21 |
| (405 ILCS 5/1-121.5 rep.)
| 22 |
| Section 10. The Mental Health and Developmental | 23 |
| Disabilities Code is amended by repealing Section 1-121.5. |
|
|
|
HB3455 Enrolled |
- 19 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| Section 15. The Clerks of Courts Act is amended by changing | 2 |
| Sections 27.1a, 27.2, and 27.2a as follows:
| 3 |
| (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
| 4 |
| Sec. 27.1a. The fees of the clerks of the circuit court in | 5 |
| all
counties having a population of not more than
500,000 | 6 |
| inhabitants in the instances described in this Section
shall be | 7 |
| as provided in this Section.
In those instances where a minimum | 8 |
| and maximum fee is stated, the clerk of
the circuit court must | 9 |
| charge the minimum fee listed and may charge up to the
maximum | 10 |
| fee if the county board has by resolution increased the fee.
| 11 |
| The fees shall be paid in advance and
shall be as follows:
| 12 |
| (a) Civil Cases.
| 13 |
| The fee for filing a complaint, petition, or other | 14 |
| pleading initiating
a civil action, with the following | 15 |
| exceptions, shall be a minimum of $40 and
a maximum of | 16 |
| $160.
| 17 |
| (A) When the amount of money or damages or the | 18 |
| value of personal
property claimed does not exceed | 19 |
| $250, $10.
| 20 |
| (B) When that amount exceeds $250 but does not | 21 |
| exceed $500, a minimum
of $10 and a maximum of $20.
| 22 |
| (C) When that amount exceeds $500 but does not | 23 |
| exceed $2500, a minimum
of $25 and a maximum of $40.
| 24 |
| (D) When that amount exceeds $2500 but does not | 25 |
| exceed $15,000, a
minimum of $25 and a maximum of $75.
|
|
|
|
HB3455 Enrolled |
- 20 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| (E) For the exercise of eminent domain, a minimum | 2 |
| of $45 and
a maximum of $150. For each additional
lot | 3 |
| or tract of land or right or interest therein subject | 4 |
| to be condemned,
the damages in respect to which shall | 5 |
| require separate assessment by a
jury, a minimum of $45 | 6 |
| and a maximum of $150.
| 7 |
| (a-1) Family.
| 8 |
| For filing a petition under the Juvenile Court Act of | 9 |
| 1987, $25.
| 10 |
| For filing a petition for a marriage license, $10.
| 11 |
| For performing a marriage in court, $10.
| 12 |
| For filing a petition under the Illinois Parentage Act | 13 |
| of 1984, $40.
| 14 |
| (b) Forcible Entry and Detainer.
| 15 |
| In each forcible entry and detainer case when the | 16 |
| plaintiff seeks
possession only or unites with his or her | 17 |
| claim for possession of the property
a claim for rent or | 18 |
| damages or both in the amount of $15,000 or less, a
minimum | 19 |
| of $10 and a maximum of $50.
When the plaintiff unites his | 20 |
| or her claim for possession with a claim for
rent or | 21 |
| damages or both exceeding $15,000, a minimum of $40 and a | 22 |
| maximum of
$160.
| 23 |
| (c) Counterclaim or Joining Third Party Defendant.
| 24 |
| When any defendant files a counterclaim as part of his | 25 |
| or her
answer or otherwise or joins another party as a | 26 |
| third party defendant, or
both, the defendant shall pay a |
|
|
|
HB3455 Enrolled |
- 21 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| fee for each counterclaim or third
party action in an | 2 |
| amount equal to the fee he or she would have had to pay
had | 3 |
| he or she brought a separate action for the relief sought | 4 |
| in the
counterclaim or against the third party defendant, | 5 |
| less the amount of the
appearance fee, if that has been | 6 |
| paid.
| 7 |
| (d) Confession of Judgment.
| 8 |
| In a confession of judgment when the amount does not | 9 |
| exceed $1500, a
minimum of $20 and a maximum of $50.
When | 10 |
| the amount exceeds $1500, but does not exceed $15,000, a
| 11 |
| minimum of $40 and a maximum of $115. When the
amount | 12 |
| exceeds $15,000, a minimum of $40 and a maximum of $200.
| 13 |
| (e) Appearance.
| 14 |
| The fee for filing an appearance in each civil case | 15 |
| shall be a minimum of
$15 and a maximum of $60,
except as | 16 |
| follows:
| 17 |
| (A) When the plaintiff in a forcible entry and | 18 |
| detainer case seeks
possession only, a minimum of $10 | 19 |
| and a maximum of $50.
| 20 |
| (B) When the amount in the case does not exceed | 21 |
| $1500, a minimum of
$10 and a maximum of $30.
| 22 |
| (C) When that amount exceeds $1500 but does not | 23 |
| exceed $15,000, a
minimum of $15 and a maximum of $60.
| 24 |
| (f) Garnishment, Wage Deduction, and Citation.
| 25 |
| In garnishment affidavit, wage deduction affidavit, | 26 |
| and citation
petition when the amount does not exceed |
|
|
|
HB3455 Enrolled |
- 22 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| $1,000, a minimum of $5 and a
maximum
of $15; when the | 2 |
| amount
exceeds $1,000 but does not exceed $5,000, a minimum | 3 |
| of $5 and a maximum of
$30; and when the amount exceeds
| 4 |
| $5,000, a minimum of $5 and a maximum of $50.
| 5 |
| (g) Petition to Vacate or Modify.
| 6 |
| (1) Petition to vacate or modify any final judgment or | 7 |
| order of
court, except in forcible entry and detainer cases | 8 |
| and small claims cases
or a petition to reopen an estate, | 9 |
| to modify, terminate, or enforce a
judgment or order for | 10 |
| child or spousal support, or to modify, suspend, or
| 11 |
| terminate an order for withholding, if filed before 30 days | 12 |
| after the entry
of the judgment or order, a minimum of $20 | 13 |
| and a maximum of $50.
| 14 |
| (2) Petition to vacate or modify any final judgment or | 15 |
| order of court,
except a petition to modify, terminate, or | 16 |
| enforce a judgment or order for
child or spousal support or | 17 |
| to modify, suspend, or terminate an order for
withholding, | 18 |
| if filed later than 30 days after the entry of the judgment | 19 |
| or
order, a minimum of $20 and a maximum of $75.
| 20 |
| (3) Petition to vacate order of bond forfeiture, a | 21 |
| minimum of $10 and a
maximum of $40.
| 22 |
| (h) Mailing.
| 23 |
| When the clerk is required to mail, the fee will be a | 24 |
| minimum of $2 and a
maximum of $10,
plus the cost of | 25 |
| postage.
| 26 |
| (i) Certified Copies.
|
|
|
|
HB3455 Enrolled |
- 23 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| Each certified copy of a judgment after the first, | 2 |
| except in small
claims and forcible entry and detainer | 3 |
| cases, a minimum of $2 and a maximum
of $10.
| 4 |
| (j) Habeas Corpus.
| 5 |
| For filing a petition for relief by habeas corpus, a | 6 |
| minimum of $60 and a
maximum of $100.
| 7 |
| (k) Certification, Authentication, and Reproduction.
| 8 |
| (1) Each certification or authentication for taking | 9 |
| the acknowledgment
of a deed or other instrument in writing | 10 |
| with the seal of office, a minimum
of $2 and a maximum of | 11 |
| $6.
| 12 |
| (2) Court appeals when original documents are | 13 |
| forwarded, under 100 pages,
plus delivery and costs, a | 14 |
| minimum of $20 and a maximum of $60.
| 15 |
| (3) Court appeals when original documents are | 16 |
| forwarded, over 100 pages,
plus delivery and costs, a | 17 |
| minimum of $50 and a maximum of $150.
| 18 |
| (4) Court appeals when original documents are | 19 |
| forwarded, over 200
pages, an additional fee of a minimum | 20 |
| of 20 cents and a maximum of 25 cents per page.
| 21 |
| (5) For reproduction of any document contained in the | 22 |
| clerk's files:
| 23 |
| (A) First page, a minimum of $1 and a maximum
of | 24 |
| $2.
| 25 |
| (B) Next 19 pages, 50 cents per page.
| 26 |
| (C) All remaining pages, 25 cents per page.
|
|
|
|
HB3455 Enrolled |
- 24 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| (l) Remands.
| 2 |
| In any cases remanded to the Circuit Court from the | 3 |
| Supreme Court
or the Appellate Court for a new trial, the | 4 |
| clerk shall file the remanding
order and reinstate the case | 5 |
| with either its original number or a new number.
The Clerk | 6 |
| shall not charge any new or additional fee for the | 7 |
| reinstatement.
Upon reinstatement the Clerk shall advise | 8 |
| the parties of the reinstatement. A
party shall have the | 9 |
| same right to a jury trial on remand and reinstatement as
| 10 |
| he or she had before the appeal, and no additional or new | 11 |
| fee or charge shall
be made for a jury trial after remand.
| 12 |
| (m) Record Search.
| 13 |
| For each record search, within a division or municipal | 14 |
| district, the
clerk shall be entitled to a search fee of a | 15 |
| minimum of $4 and a maximum of
$6 for each year searched.
| 16 |
| (n) Hard Copy.
| 17 |
| For each page of hard copy print output, when case | 18 |
| records are
maintained on an automated medium, the clerk | 19 |
| shall be entitled to a fee of a
minimum of $4 and a maximum | 20 |
| of $6.
| 21 |
| (o) Index Inquiry and Other Records.
| 22 |
| No fee shall be charged for a single | 23 |
| plaintiff/defendant index inquiry
or single case record | 24 |
| inquiry when this request is made in person and the
records | 25 |
| are maintained in a current automated medium, and when no | 26 |
| hard copy
print output is requested. The fees to be charged |
|
|
|
HB3455 Enrolled |
- 25 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| for management records,
multiple case records, and | 2 |
| multiple journal records may be specified by the
Chief | 3 |
| Judge pursuant to the guidelines for access and | 4 |
| dissemination of
information approved by the Supreme | 5 |
| Court.
| 6 |
| (p) (Blank).
| 7 |
| a minimum of $25 and a maximum
of $50
| 8 |
| (q) Alias Summons.
| 9 |
| For each alias summons or citation issued by the clerk, | 10 |
| a minimum of $2
and a maximum of $5.
| 11 |
| (r) Other Fees.
| 12 |
| Any fees not covered in this Section shall be set by | 13 |
| rule or
administrative order of the Circuit Court with the | 14 |
| approval of the
Administrative Office of the Illinois | 15 |
| Courts.
| 16 |
| The clerk of the circuit court may provide additional | 17 |
| services for
which there is no fee specified by statute in | 18 |
| connection with the operation
of the clerk's office as may | 19 |
| be requested by the public and agreed to by
the clerk and | 20 |
| approved by the chief judge of the circuit court. Any
| 21 |
| charges for additional services shall be as agreed to
| 22 |
| between the clerk and the party making the request and | 23 |
| approved by the
chief judge of the circuit court. Nothing | 24 |
| in this
subsection shall be construed to require any clerk | 25 |
| to provide any service
not otherwise required by law.
| 26 |
| (s) Jury Services.
|
|
|
|
HB3455 Enrolled |
- 26 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| The clerk shall be entitled to receive, in addition to | 2 |
| other fees
allowed by law, the sum of a minimum of $62.50 | 3 |
| and a maximum of $212.50, as a fee for the services of a | 4 |
| jury in
every civil action not quasi-criminal in its nature | 5 |
| and not a proceeding
for the exercise of the right of | 6 |
| eminent domain and in every other action
wherein the right | 7 |
| of trial by jury is or may be given by law. The jury fee
| 8 |
| shall be paid by the party demanding a jury at the time of | 9 |
| filing the jury
demand. If the fee is not paid by either | 10 |
| party, no jury shall be called in
the action or proceeding, | 11 |
| and the same shall be tried by the court without
a jury.
| 12 |
| (t) Voluntary Assignment.
| 13 |
| For filing each deed of voluntary assignment, a minimum | 14 |
| of $10 and a
maximum of $20; for recording
the same, a | 15 |
| minimum of 25 cents and a maximum of 50 cents for each
100 | 16 |
| words. Exceptions filed to claims presented
to an assignee | 17 |
| of a debtor who has made a voluntary assignment for the
| 18 |
| benefit of creditors shall be considered and treated, for | 19 |
| the purpose of
taxing costs therein, as actions in which | 20 |
| the party or parties filing
the exceptions shall be | 21 |
| considered as party or parties plaintiff, and
the claimant | 22 |
| or claimants as party or parties defendant, and those
| 23 |
| parties respectively shall pay to the clerk the same fees
| 24 |
| as provided by this Section to be paid in other actions.
| 25 |
| (u) Expungement Petition.
| 26 |
| The clerk shall be entitled to receive a fee of a |
|
|
|
HB3455 Enrolled |
- 27 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| minimum of $15 and a
maximum of $60 for each
expungement | 2 |
| petition filed and an additional fee of a minimum of $2 and | 3 |
| a
maximum of $4 for each certified
copy of an order to | 4 |
| expunge arrest records.
| 5 |
| (v) Probate.
| 6 |
| The clerk is entitled to receive the fees
specified in | 7 |
| this subsection (v), which shall be paid in advance,
except | 8 |
| that, for good cause shown, the court may suspend, reduce, | 9 |
| or
release the costs payable under this subsection:
| 10 |
| (1) For administration of the estate of a decedent | 11 |
| (whether testate
or intestate) or of a missing person, a | 12 |
| minimum of $50 and a maximum of
$150, plus the fees | 13 |
| specified in
subsection (v)(3), except:
| 14 |
| (A) When the value of the real and personal | 15 |
| property does not exceed
$15,000, the fee shall be a | 16 |
| minimum of $25 and a maximum of $40.
| 17 |
| (B) When (i) proof of heirship alone is made, (ii) | 18 |
| a domestic or
foreign will is admitted to probate | 19 |
| without administration (including
proof of heirship), | 20 |
| or (iii) letters of office are issued for a particular
| 21 |
| purpose without administration of the estate, the fee | 22 |
| shall be a minimum of
$10 and a maximum of $40.
| 23 |
| (C) For filing a petition to sell Real Estate, $50.
| 24 |
| (2) For administration of the estate of a ward, a | 25 |
| minimum of $50 and a
maximum of $75,
plus the fees | 26 |
| specified in subsection (v)(3), except:
|
|
|
|
HB3455 Enrolled |
- 28 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| (A) When the value of the real and personal | 2 |
| property does not exceed
$15,000, the fee shall be a | 3 |
| minimum of $25 and a maximum of $40.
| 4 |
| (B) When (i) letters of office are issued to a | 5 |
| guardian of the person
or persons,
but not of the | 6 |
| estate or (ii) letters of office are issued in the | 7 |
| estate of
a ward without administration of the estate, | 8 |
| including filing or joining in
the filing of a tax | 9 |
| return or releasing a mortgage or consenting to the
| 10 |
| marriage of the ward, the fee shall be a minimum of $10 | 11 |
| and a maximum of
$20.
| 12 |
| (C) For filing a Petition to sell Real Estate, $50.
| 13 |
| (3) In addition to the fees payable under subsection | 14 |
| (v)(1) or (v)(2)
of this Section, the following fees are | 15 |
| payable:
| 16 |
| (A) For each account (other than one final account) | 17 |
| filed in the
estate of a decedent, or ward, a minimum | 18 |
| of $10 and a maximum of $25.
| 19 |
| (B) For filing a claim in an estate when the amount | 20 |
| claimed is $150
or more but less than $500, a minimum | 21 |
| of $10 and a maximum of $25;
when the amount claimed is | 22 |
| $500 or more
but less than $10,000, a minimum of $10 | 23 |
| and a maximum of $40; when
the amount claimed is | 24 |
| $10,000 or more, a minimum of $10 and a maximum of
$60; | 25 |
| provided that the court in allowing a claim may add to | 26 |
| the
amount
allowed the filing fee paid by the claimant.
|
|
|
|
HB3455 Enrolled |
- 29 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| (C) For filing in an estate a claim, petition, or | 2 |
| supplemental
proceeding based upon an action seeking | 3 |
| equitable relief including the
construction or contest | 4 |
| of a will, enforcement of a contract to make a
will, | 5 |
| and proceedings involving testamentary trusts or the | 6 |
| appointment of
testamentary trustees, a minimum of $40 | 7 |
| and a maximum of $60.
| 8 |
| (D) For filing in an estate (i) the appearance of | 9 |
| any person for the
purpose of consent or (ii) the | 10 |
| appearance of an executor, administrator,
| 11 |
| administrator to collect, guardian, guardian ad litem, | 12 |
| or special
administrator, no fee.
| 13 |
| (E) Except as provided in subsection (v)(3)(D), | 14 |
| for filing the
appearance of any person or persons, a | 15 |
| minimum of $10 and a maximum of $30.
| 16 |
| (F) For each jury demand, a minimum of $62.50 and a | 17 |
| maximum of
$137.50.
| 18 |
| (G) For disposition of the collection of a judgment | 19 |
| or settlement of
an action or claim for wrongful death | 20 |
| of a decedent or of any cause of
action of a ward, when | 21 |
| there is no other administration of the estate, a
| 22 |
| minimum of $30 and a maximum of $50,
less any amount | 23 |
| paid under subsection (v)(1)(B) or (v)(2)(B) except | 24 |
| that if
the amount involved does not exceed $5,000, the | 25 |
| fee, including any amount
paid under subsection | 26 |
| (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
|
|
|
|
HB3455 Enrolled |
- 30 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| maximum of $20.
| 2 |
| (H) For each certified copy of letters of office, | 3 |
| of court order or
other certification, a minimum of $1 | 4 |
| and a maximum of $2, plus a
minimum of 50 cents and a | 5 |
| maximum of $1 per page in excess of 3 pages
for the
| 6 |
| document certified.
| 7 |
| (I) For each exemplification, a minimum of $1 and a | 8 |
| maximum of $2, plus the fee for certification.
| 9 |
| (4) The executor, administrator, guardian, petitioner,
| 10 |
| or other interested person or his or her attorney shall pay | 11 |
| the cost of
publication by the clerk directly to the | 12 |
| newspaper.
| 13 |
| (5) The person on whose behalf a charge is incurred for | 14 |
| witness,
court reporter, appraiser, or other miscellaneous | 15 |
| fee shall pay the same
directly to the person entitled | 16 |
| thereto.
| 17 |
| (6) The executor, administrator, guardian, petitioner, | 18 |
| or other
interested person or his or her attorney shall pay | 19 |
| to the clerk all postage
charges incurred by the clerk in | 20 |
| mailing petitions, orders, notices, or
other documents | 21 |
| pursuant to the provisions of the Probate Act of 1975.
| 22 |
| (w) Criminal and Quasi-Criminal Costs and Fees.
| 23 |
| (1) The clerk shall be entitled to costs in all | 24 |
| criminal
and quasi-criminal cases from each person | 25 |
| convicted or sentenced to
supervision therein as follows:
| 26 |
| (A) Felony complaints, a minimum of $40 and a |
|
|
|
HB3455 Enrolled |
- 31 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| maximum of $100.
| 2 |
| (B) Misdemeanor complaints, a minimum of $25 and a | 3 |
| maximum of $75.
| 4 |
| (C) Business offense complaints, a minimum of $25 | 5 |
| and a maximum of
$75.
| 6 |
| (D) Petty offense complaints, a minimum of $25 and | 7 |
| a maximum of $75.
| 8 |
| (E) Minor traffic or ordinance violations, $10.
| 9 |
| (F) When court appearance required, $15.
| 10 |
| (G) Motions to vacate or amend final orders, a | 11 |
| minimum of $20 and a
maximum of $40.
| 12 |
| (H) Motions to vacate bond forfeiture orders, a | 13 |
| minimum of $20 and
a maximum of $40.
| 14 |
| (I) Motions to vacate ex parte judgments, whenever | 15 |
| filed, a minimum of
$20 and a maximum of $40.
| 16 |
| (J) Motions to vacate judgment on forfeitures, | 17 |
| whenever filed, a
minimum of $20 and a maximum of $40.
| 18 |
| (K) Motions to vacate "failure to appear" or | 19 |
| "failure to comply"
notices sent to the Secretary of | 20 |
| State, a minimum of $20 and a maximum of
$40.
| 21 |
| (2) In counties having a population of not
more
than | 22 |
| 500,000 inhabitants, when the violation complaint is
| 23 |
| issued by a
municipal police department, the clerk shall be | 24 |
| entitled to costs from each
person convicted therein as | 25 |
| follows:
| 26 |
| (A) Minor traffic or ordinance violations, $10.
|
|
|
|
HB3455 Enrolled |
- 32 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| (B) When court appearance required, $15.
| 2 |
| (3) In ordinance violation cases punishable by fine | 3 |
| only, the clerk
of the circuit court shall be entitled to | 4 |
| receive, unless the fee is
excused upon a finding by the | 5 |
| court that the defendant is indigent, in
addition to other | 6 |
| fees or costs allowed or imposed by law, the sum of a
| 7 |
| minimum of $62.50 and a maximum of $137.50
as a fee for the | 8 |
| services of a jury. The jury fee shall be paid by the
| 9 |
| defendant at the time of filing his or her jury demand. If | 10 |
| the fee is not
so paid by the defendant, no jury shall be | 11 |
| called, and the case shall be
tried by the court without a | 12 |
| jury.
| 13 |
| (x) Transcripts of Judgment.
| 14 |
| For the filing of a transcript of judgment, the clerk | 15 |
| shall be entitled
to the same fee as if it were the | 16 |
| commencement of a new suit.
| 17 |
| (y) Change of Venue.
| 18 |
| (1) For the filing of a change of case on a change of | 19 |
| venue, the clerk
shall be entitled to the same fee as if it | 20 |
| were the commencement of a new suit.
| 21 |
| (2) The fee for the preparation and certification of a | 22 |
| record on a
change of venue to another jurisdiction, when | 23 |
| original documents are
forwarded, a minimum of $10 and a | 24 |
| maximum of $40.
| 25 |
| (z) Tax objection complaints.
| 26 |
| For each tax objection complaint containing one or more |
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| tax
objections, regardless of the number of parcels | 2 |
| involved or the number of
taxpayers joining on the | 3 |
| complaint, a minimum of $10 and a maximum of $50.
| 4 |
| (aa) Tax Deeds.
| 5 |
| (1) Petition for tax deed, if only one parcel is | 6 |
| involved, a minimum of
$45 and a maximum of $200.
| 7 |
| (2) For each additional parcel, add a fee of a minimum | 8 |
| of $10 and a
maximum of $60.
| 9 |
| (bb) Collections.
| 10 |
| (1) For all collections made of others, except the | 11 |
| State and county
and except in maintenance or child support | 12 |
| cases, a sum equal to a
minimum of 2% and a maximum of 2.5% | 13 |
| of
the amount collected and turned over.
| 14 |
| (2) Interest earned on any funds held by the clerk | 15 |
| shall be turned
over to the county general fund as an | 16 |
| earning of the office.
| 17 |
| (3) For any check, draft, or other bank instrument | 18 |
| returned to the
clerk for non-sufficient funds, account | 19 |
| closed, or
payment stopped, $25.
| 20 |
| (4) In child support and maintenance cases, the clerk, | 21 |
| if authorized by an
ordinance of the county board, may | 22 |
| collect an annual fee of up to $36 from
the person making | 23 |
| payment for maintaining child support records and the
| 24 |
| processing of support orders to the State of Illinois KIDS | 25 |
| system and the
recording of payments issued by the State | 26 |
| Disbursement Unit for the official
record of the Court. |
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| This fee shall be in addition
to and separate from amounts | 2 |
| ordered to be paid as maintenance or child
support and | 3 |
| shall be deposited into a Separate Maintenance and Child | 4 |
| Support
Collection Fund, of which the clerk shall be the | 5 |
| custodian, ex-officio, to
be used by the clerk to maintain | 6 |
| child support orders and record all payments
issued by the | 7 |
| State Disbursement Unit for the official record of the | 8 |
| Court.
The clerk may recover from the person making the | 9 |
| maintenance or child support
payment any additional cost | 10 |
| incurred in the collection of this annual
fee.
| 11 |
| The clerk shall also be entitled to a fee of $5 for | 12 |
| certifications made
to the Secretary of State as provided | 13 |
| in Section 7-703 of the Family
Financial Responsibility Law | 14 |
| and these fees shall also be deposited into the
Separate | 15 |
| Maintenance and Child Support Collection Fund.
| 16 |
| (cc) Corrections of Numbers.
| 17 |
| For correction of the case number, case
title, or | 18 |
| attorney computer identification number, if required by | 19 |
| rule of
court, on any document filed in the clerk's office, | 20 |
| to be charged against
the party that filed the document, a | 21 |
| minimum of $10 and a maximum of $25.
| 22 |
| (dd) Exceptions.
| 23 |
| (1) The fee requirements of this Section shall not | 24 |
| apply to police
departments or other law enforcement | 25 |
| agencies. In this Section, "law
enforcement agency" means | 26 |
| an agency of the State or a unit of local
government which |
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| is vested by law or ordinance with the duty to maintain
| 2 |
| public order and to enforce criminal laws or ordinances. | 3 |
| "Law enforcement
agency" also means the Attorney General or | 4 |
| any state's attorney.
| 5 |
| (2) No fee provided herein shall be charged to any unit | 6 |
| of local
government or school district.
| 7 |
| (3) The fee requirements of this Section shall not | 8 |
| apply to any action
instituted under subsection (b) of | 9 |
| Section 11-31-1 of the Illinois Municipal
Code by a private | 10 |
| owner or tenant of real property within 1200 feet of a
| 11 |
| dangerous or unsafe building seeking an order compelling | 12 |
| the owner or owners of
the building to take any of the | 13 |
| actions authorized under that subsection.
| 14 |
| (4) The fee requirements of this Section shall not | 15 |
| apply to the filing of
any
commitment petition or petition | 16 |
| for an order authorizing the administration of | 17 |
| psychotropic medication or electroconvulsive therapy
| 18 |
| authorized
involuntary treatment in the form of medication
| 19 |
| under the Mental Health and
Developmental Disabilities | 20 |
| Code.
| 21 |
| (ee) Adoptions.
| 22 |
| (1) For an adoption ..............................$65
| 23 |
| (2) Upon good cause shown, the court may waive the | 24 |
| adoption filing fee in
a special needs adoption. The term | 25 |
| "special needs adoption" shall have the
meaning ascribed to | 26 |
| it by the Illinois Department of Children and Family
|
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| Services.
| 2 |
| (ff) Adoption exemptions.
| 3 |
| No fee other than that set forth in subsection (ee) | 4 |
| shall be charged to any
person in connection with an | 5 |
| adoption proceeding nor may any fee be charged for
| 6 |
| proceedings for the appointment of a confidential | 7 |
| intermediary under the
Adoption Act.
| 8 |
| (Source: P.A. 92-16, eff.
6-28-01; 92-521, eff. 6-1-02; 93-39, | 9 |
| eff. 7-1-03; 93-385, eff. 7-25-03; 93-573,
eff. 8-21-03; | 10 |
| revised 9-5-03.)
| 11 |
| (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
| 12 |
| Sec. 27.2. The fees of the clerks of the circuit court in | 13 |
| all
counties having a population in excess of 500,000 | 14 |
| inhabitants
but less than 3,000,000 inhabitants in the | 15 |
| instances described in this Section
shall be as provided in | 16 |
| this Section.
In those instances where a minimum and maximum | 17 |
| fee is stated, counties with
more than 500,000 inhabitants but | 18 |
| less than 3,000,000 inhabitants must charge
the minimum fee | 19 |
| listed in this Section and may charge up to the maximum fee if
| 20 |
| the county board has by resolution increased the fee.
In | 21 |
| addition, the minimum fees authorized in this
Section shall | 22 |
| apply to all units of local government and school districts
in | 23 |
| counties with more than 3,000,000 inhabitants. The fees shall | 24 |
| be paid
in advance and shall be as follows:
| 25 |
| (a) Civil Cases.
|
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| The fee for filing a complaint, petition, or other | 2 |
| pleading initiating
a civil action, with the following | 3 |
| exceptions, shall be a minimum of $150
and a maximum of | 4 |
| $190.
| 5 |
| (A) When the amount of money or damages or the | 6 |
| value of personal
property claimed does not exceed | 7 |
| $250, a minimum of $10 and a maximum of
$15.
| 8 |
| (B) When that amount exceeds $250 but does not | 9 |
| exceed $1,000, a minimum of $20 and a maximum of $40.
| 10 |
| (C) When that amount exceeds $1,000 but does not | 11 |
| exceed
$2500, a minimum
of $30 and a maximum of $50.
| 12 |
| (D) When that amount exceeds $2500 but does not | 13 |
| exceed $5,000, a minimum of $75 and a maximum of $100.
| 14 |
| (D-5) When the amount exceeds $5,000 but does not | 15 |
| exceed $15,000, a
minimum of $75 and a maximum of $150.
| 16 |
| (E) For the exercise of eminent domain, $150. For | 17 |
| each
additional lot or tract of land or right or | 18 |
| interest therein subject to be
condemned, the damages | 19 |
| in respect to which shall require separate
assessment | 20 |
| by a jury, $150.
| 21 |
| (F) No fees shall be charged by the clerk to a | 22 |
| petitioner in any
order of
protection including, but | 23 |
| not limited to, filing, modifying, withdrawing,
| 24 |
| certifying, or
photocopying petitions for orders of | 25 |
| protection, or for issuing alias summons,
or for any
| 26 |
| related filing service, certifying, modifying, |
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| vacating, or
photocopying any
orders of protection.
| 2 |
| (b) Forcible Entry and Detainer.
| 3 |
| In each forcible entry and detainer case when the | 4 |
| plaintiff seeks
possession only or unites with his or her | 5 |
| claim for possession of the property
a claim for rent or | 6 |
| damages or both in the amount of $15,000 or less, a
minimum | 7 |
| of $40 and a maximum of $75.
When the plaintiff unites his | 8 |
| or her claim for possession with a claim for
rent or | 9 |
| damages or both exceeding $15,000, a minimum of $150 and a
| 10 |
| maximum of $225.
| 11 |
| (c) Counterclaim or Joining Third Party Defendant.
| 12 |
| When any defendant files a counterclaim as part of his | 13 |
| or her
answer or otherwise or joins another party as a | 14 |
| third party defendant, or
both, the defendant shall pay a | 15 |
| fee for each counterclaim or third
party action in an | 16 |
| amount equal to the fee he or she would have had to pay
had | 17 |
| he or she brought a separate action for the relief sought | 18 |
| in the
counterclaim or against the third party defendant, | 19 |
| less the amount of the
appearance fee, if that has been | 20 |
| paid.
| 21 |
| (d) Confession of Judgment.
| 22 |
| In a confession of judgment when the amount does not | 23 |
| exceed $1500, a
minimum of $50 and a maximum of $60. When | 24 |
| the amount exceeds
$1500, but does not exceed $5,000, $75.
| 25 |
| When the amount exceeds $5,000, but does not exceed
| 26 |
| $15,000, $175.
When the amount exceeds $15,000, a minimum |
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| of $200 and a maximum of
$250.
| 2 |
| (e) Appearance.
| 3 |
| The fee for filing an appearance in each civil case | 4 |
| shall be a minimum
of $50 and a maximum of $75,
except as | 5 |
| follows:
| 6 |
| (A) When the plaintiff in a forcible entry and | 7 |
| detainer case seeks
possession only, a minimum of $20 | 8 |
| and a maximum of $40.
| 9 |
| (B) When the amount in the case does not exceed | 10 |
| $1500, a minimum of
$20 and a maximum of $40.
| 11 |
| (C) When the amount in the case exceeds $1500 but | 12 |
| does
not exceed $15,000, a minimum of $40 and a maximum | 13 |
| of $60.
| 14 |
| (f) Garnishment, Wage Deduction, and Citation.
| 15 |
| In garnishment affidavit, wage deduction affidavit, | 16 |
| and citation
petition when the amount does not exceed | 17 |
| $1,000, a minimum of $10 and a
maximum of $15; when the | 18 |
| amount
exceeds $1,000 but does not exceed $5,000, a minimum | 19 |
| of $20 and a maximum
of $30; and when the amount exceeds
| 20 |
| $5,000, a minimum of $30 and a maximum of $50.
| 21 |
| (g) Petition to Vacate
or Modify.
| 22 |
| (1) Petition to vacate
or modify any final judgment or | 23 |
| order of court,
except in forcible entry and detainer cases | 24 |
| and small claims cases or a
petition to reopen an estate, | 25 |
| to modify, terminate, or enforce a
judgment or order for | 26 |
| child or spousal support, or to modify, suspend, or
|
|
|
|
HB3455 Enrolled |
- 40 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| terminate an order for withholding, if filed before 30 days | 2 |
| after the entry
of the judgment or order, a minimum of $40 | 3 |
| and a maximum of $50.
| 4 |
| (2) Petition to vacate
or modify any final judgment
or | 5 |
| order of court, except a petition to modify, terminate, or | 6 |
| enforce a
judgment or order for child or spousal support or | 7 |
| to modify, suspend, or
terminate an order for withholding, | 8 |
| if filed later than 30 days
after the entry of the judgment | 9 |
| or order, a minimum of $60 and a maximum
of $75.
| 10 |
| (3) Petition to vacate order of bond forfeiture, a | 11 |
| minimum of $20
and a maximum of $40.
| 12 |
| (h) Mailing.
| 13 |
| When the clerk is required to mail, the fee will be a | 14 |
| minimum of $6
and a maximum of $10, plus the cost of | 15 |
| postage.
| 16 |
| (i) Certified Copies.
| 17 |
| Each certified copy of a judgment after the first, | 18 |
| except in small
claims and forcible entry and detainer | 19 |
| cases, a minimum of $10 and a
maximum of $15.
| 20 |
| (j) Habeas Corpus.
| 21 |
| For filing a petition for relief by habeas corpus, a | 22 |
| minimum of $80
and a maximum of $125.
| 23 |
| (k) Certification, Authentication, and Reproduction.
| 24 |
| (1) Each certification or authentication for taking | 25 |
| the acknowledgment
of a deed or other instrument in writing | 26 |
| with the seal of office, a minimum
of $4 and a maximum of |
|
|
|
HB3455 Enrolled |
- 41 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| $6.
| 2 |
| (2) Court appeals when original documents are | 3 |
| forwarded, under 100 pages,
plus delivery and costs, a | 4 |
| minimum of $50 and a maximum of $75.
| 5 |
| (3) Court appeals when original documents are | 6 |
| forwarded, over 100 pages,
plus delivery and costs, a | 7 |
| minimum of $120 and a maximum of $150.
| 8 |
| (4) Court appeals when original documents are | 9 |
| forwarded, over 200
pages, an additional fee of a minimum | 10 |
| of 20 and a maximum of 25 cents
per page.
| 11 |
| (5) For reproduction of any document contained in the | 12 |
| clerk's files:
| 13 |
| (A) First page, $2.
| 14 |
| (B) Next 19 pages, 50 cents per page.
| 15 |
| (C) All remaining pages, 25 cents per page.
| 16 |
| (l) Remands.
| 17 |
| In any cases remanded to the Circuit Court from the | 18 |
| Supreme Court
or the Appellate Court for a new trial, the | 19 |
| clerk shall file the remanding
order and reinstate the case | 20 |
| with either its original number or a new number.
The Clerk | 21 |
| shall not
charge any new or additional fee for the | 22 |
| reinstatement. Upon reinstatement the
Clerk shall advise | 23 |
| the parties of the reinstatement. A party shall have the
| 24 |
| same right to a jury trial on remand and reinstatement as | 25 |
| he or she had before
the appeal, and no additional or new | 26 |
| fee or charge shall be made for a jury
trial after remand.
|
|
|
|
HB3455 Enrolled |
- 42 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| (m) Record Search.
| 2 |
| For each record search, within a division or municipal | 3 |
| district, the
clerk shall be entitled to a search fee of a | 4 |
| minimum of $4 and a maximum
of $6 for each year searched.
| 5 |
| (n) Hard Copy.
| 6 |
| For each page of hard copy print output, when case | 7 |
| records are
maintained on an automated medium, the clerk | 8 |
| shall be entitled to a fee of a
minimum of $4 and a maximum | 9 |
| of $6.
| 10 |
| (o) Index Inquiry and Other Records.
| 11 |
| No fee shall be charged for a single | 12 |
| plaintiff/defendant index inquiry
or single case record | 13 |
| inquiry when this request is made in person and the
records | 14 |
| are maintained in a current automated medium, and when no | 15 |
| hard copy
print output is requested. The fees to be charged | 16 |
| for management records,
multiple case records, and | 17 |
| multiple journal records may be specified by the
Chief | 18 |
| Judge pursuant to the guidelines for access and | 19 |
| dissemination of
information approved by the Supreme | 20 |
| Court.
| 21 |
| (p) (Blank).
| 22 |
| (q) Alias Summons.
| 23 |
| For each alias summons or citation issued by the clerk, | 24 |
| a minimum of $4
and a maximum of $5.
| 25 |
| (r) Other Fees.
| 26 |
| Any fees not covered in this Section shall be set by |
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| rule or
administrative order of the Circuit Court with the | 2 |
| approval of the
Administrative Office of the Illinois | 3 |
| Courts.
| 4 |
| The clerk of the circuit court may provide additional | 5 |
| services for
which there is no fee specified by statute in | 6 |
| connection with the operation
of the clerk's office as may | 7 |
| be requested by the public and agreed to by
the clerk and | 8 |
| approved by the chief judge of the circuit court. Any
| 9 |
| charges for additional services shall be as agreed to
| 10 |
| between the clerk and the party making the request and | 11 |
| approved by the
chief judge of the circuit court. Nothing | 12 |
| in this
subsection shall be construed to require any clerk | 13 |
| to provide any service
not otherwise required by law.
| 14 |
| (s) Jury Services.
| 15 |
| The clerk shall be entitled to receive, in
addition to | 16 |
| other fees allowed by law, the sum of a minimum of $192.50
| 17 |
| and a maximum of $212.50, as a fee for the
services of a | 18 |
| jury in every civil action not quasi-criminal in its
nature | 19 |
| and not a proceeding for the exercise of the right of | 20 |
| eminent
domain and in every other action wherein the right | 21 |
| of trial by jury
is or may be given by law. The jury fee | 22 |
| shall be paid by the party
demanding a jury at the time of | 23 |
| filing the jury demand. If the fee is
not paid by either | 24 |
| party, no jury shall be called in the action or
proceeding, | 25 |
| and the same shall be tried by the court without a jury.
| 26 |
| (t) Voluntary Assignment.
|
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| For filing each deed of voluntary assignment, a minimum | 2 |
| of $10 and a
maximum of $20; for recording
the same, a | 3 |
| minimum of 25˘ and a maximum of 50˘ for each 100 words.
| 4 |
| Exceptions filed to claims presented
to an assignee of a | 5 |
| debtor who has made a voluntary assignment for the
benefit | 6 |
| of creditors shall be considered and treated, for the | 7 |
| purpose of
taxing costs therein, as actions in which the | 8 |
| party or parties filing
the exceptions shall be considered | 9 |
| as party or parties plaintiff, and
the claimant or | 10 |
| claimants as party or parties defendant, and those
parties | 11 |
| respectively shall pay to the clerk the same fees
as | 12 |
| provided by this Section to be paid in other actions.
| 13 |
| (u) Expungement Petition.
| 14 |
| The clerk shall be entitled to receive a
fee of a | 15 |
| minimum of $30 and a maximum of $60 for each expungement
| 16 |
| petition filed and an additional fee of a minimum of $2 and | 17 |
| a maximum of
$4 for each certified copy of an order to | 18 |
| expunge arrest records.
| 19 |
| (v) Probate.
| 20 |
| The clerk is entitled to receive the fees specified in | 21 |
| this subsection
(v), which shall be paid in advance, except | 22 |
| that, for good cause shown, the
court may suspend, reduce, | 23 |
| or release the costs payable under this subsection:
| 24 |
| (1) For administration of the estate of a decedent | 25 |
| (whether testate
or intestate) or of a missing person, a | 26 |
| minimum of $100 and a maximum of
$150, plus the fees |
|
|
|
HB3455 Enrolled |
- 45 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| specified in
subsection (v)(3), except:
| 2 |
| (A) When the value of the real and personal | 3 |
| property does not exceed
$15,000, the fee shall be a | 4 |
| minimum of $25 and a maximum of $40.
| 5 |
| (B) When (i) proof of heirship alone is made, (ii) | 6 |
| a domestic or
foreign will is admitted to probate | 7 |
| without administration (including
proof of heirship), | 8 |
| or (iii) letters of office are issued for a particular
| 9 |
| purpose without administration of the estate, the fee | 10 |
| shall be a minimum of
$25 and a maximum of $40.
| 11 |
| (2) For administration of the estate of a ward, a | 12 |
| minimum of $50 and
a maximum of $75,
plus the fees | 13 |
| specified in subsection (v)(3), except:
| 14 |
| (A) When the value of the real and personal | 15 |
| property does not exceed
$15,000, the fee shall be a | 16 |
| minimum of $25 and a maximum of $40.
| 17 |
| (B) When (i) letters of office are issued to a | 18 |
| guardian of the
person or persons, but not of the | 19 |
| estate or (ii) letters of office are
issued in the
| 20 |
| estate of a ward without administration of the estate, | 21 |
| including filing or
joining in the filing of a tax | 22 |
| return or releasing a mortgage or consenting
to the | 23 |
| marriage of the ward, the fee shall be a minimum of $10 | 24 |
| and a
maximum
of $20.
| 25 |
| (3) In addition to the fees payable under subsection | 26 |
| (v)(1) or (v)(2)
of this Section, the following fees are |
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| payable:
| 2 |
| (A) For each account (other than one final account) | 3 |
| filed in the
estate of a decedent, or ward, a minimum | 4 |
| of $15 and a maximum of $25.
| 5 |
| (B) For filing a claim in an estate when the amount | 6 |
| claimed is $150
or more but less than $500, a minimum | 7 |
| of $10 and a maximum of $20; when
the amount claimed is | 8 |
| $500 or
more but less than $10,000, a minimum of $25 | 9 |
| and a maximum of $40; when
the amount claimed is | 10 |
| $10,000 or more, a minimum of $40 and a maximum of
$60; | 11 |
| provided that the court in allowing a claim may add to | 12 |
| the amount
allowed
the filing fee paid by the claimant.
| 13 |
| (C) For filing in an estate a claim, petition, or | 14 |
| supplemental
proceeding based upon an action seeking | 15 |
| equitable relief including the
construction or contest | 16 |
| of a will, enforcement of a contract to make a
will, | 17 |
| and proceedings involving testamentary trusts or the | 18 |
| appointment of
testamentary trustees, a minimum of $40 | 19 |
| and a maximum of $60.
| 20 |
| (D) For filing in an estate (i) the appearance of | 21 |
| any person for the
purpose of consent or (ii) the | 22 |
| appearance of an executor, administrator,
| 23 |
| administrator to collect, guardian, guardian ad litem, | 24 |
| or special
administrator, no fee.
| 25 |
| (E) Except as provided in subsection (v)(3)(D), | 26 |
| for filing the
appearance of any person or persons, a |
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| minimum of $10 and a maximum of
$30.
| 2 |
| (F) For each jury demand, a minimum of $102.50 and | 3 |
| a maximum of
$137.50.
| 4 |
| (G) For disposition of the collection of a judgment | 5 |
| or settlement of
an action or claim for wrongful death | 6 |
| of a decedent or of any cause of
action of a ward, when | 7 |
| there is no other administration
of the estate, a | 8 |
| minimum of $30 and a maximum of $50, less any amount
| 9 |
| paid under subsection (v)(1)(B)
or (v)(2)(B) except | 10 |
| that if the amount involved does not exceed
$5,000, the | 11 |
| fee, including any amount paid under subsection | 12 |
| (v)(1)(B) or
(v)(2)(B), shall be a minimum of $10 and a | 13 |
| maximum of $20.
| 14 |
| (H) For each certified copy of letters of office, | 15 |
| of court order or
other certification, a minimum of $1 | 16 |
| and a maximum of $2, plus a
minimum of 50˘ and a | 17 |
| maximum of $1 per page in excess of 3 pages for the
| 18 |
| document certified.
| 19 |
| (I) For each exemplification, a minimum of $1 and a | 20 |
| maximum of
$2, plus the fee for certification.
| 21 |
| (4) The executor, administrator, guardian, petitioner,
| 22 |
| or other interested person or his or her attorney shall pay | 23 |
| the cost of
publication by the clerk directly to the | 24 |
| newspaper.
| 25 |
| (5) The person on whose behalf a charge is incurred for | 26 |
| witness,
court reporter, appraiser, or other miscellaneous |
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| fee shall pay the same
directly to the person entitled | 2 |
| thereto.
| 3 |
| (6) The executor, administrator, guardian, petitioner,
| 4 |
| or other interested person or his attorney shall pay to the | 5 |
| clerk all
postage charges incurred by the clerk in mailing | 6 |
| petitions, orders,
notices, or other documents pursuant to | 7 |
| the provisions of the Probate Act
of 1975.
| 8 |
| (w) Criminal and Quasi-Criminal Costs and Fees.
| 9 |
| (1) The clerk shall be entitled to costs in all | 10 |
| criminal
and quasi-criminal cases from each person | 11 |
| convicted or sentenced to
supervision therein as follows:
| 12 |
| (A) Felony complaints, a minimum of $80 and a | 13 |
| maximum of $125.
| 14 |
| (B) Misdemeanor complaints, a minimum of $50 and a | 15 |
| maximum of
$75.
| 16 |
| (C) Business offense complaints, a minimum of $50 | 17 |
| and a maximum of
$75.
| 18 |
| (D) Petty offense complaints, a minimum of $50 and | 19 |
| a maximum of
$75.
| 20 |
| (E) Minor traffic or ordinance violations, $20.
| 21 |
| (F) When court appearance required, $30.
| 22 |
| (G) Motions to vacate or amend final orders, a | 23 |
| minimum of $20 and
a maximum of $40.
| 24 |
| (H) Motions to vacate bond forfeiture orders, a | 25 |
| minimum of $20 and
a maximum of $30.
| 26 |
| (I) Motions to vacate ex parte judgments, whenever |
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| filed, a minimum
of $20 and a maximum of $30.
| 2 |
| (J) Motions to vacate judgment on forfeitures, | 3 |
| whenever filed, a
minimum of $20 and a maximum of $25.
| 4 |
| (K) Motions to vacate "failure to appear" or | 5 |
| "failure to comply"
notices sent to the Secretary of | 6 |
| State, a minimum of $20 and a maximum of
$40.
| 7 |
| (2) In counties having a population of more than | 8 |
| 500,000
but fewer
than 3,000,000 inhabitants, when the | 9 |
| violation complaint is issued by a
municipal police | 10 |
| department, the clerk shall be entitled to costs from each
| 11 |
| person convicted therein as follows:
| 12 |
| (A) Minor traffic or ordinance violations, $10.
| 13 |
| (B) When court appearance required, $15.
| 14 |
| (3) In ordinance violation cases punishable by fine | 15 |
| only, the clerk
of the circuit court shall be entitled to | 16 |
| receive, unless the fee is
excused upon a finding by the | 17 |
| court that the defendant is indigent, in
addition to other | 18 |
| fees or costs allowed or imposed by law, the sum of a
| 19 |
| minimum of $50 and a maximum of $112.50
as a fee for the | 20 |
| services of a jury. The jury fee shall be paid by the
| 21 |
| defendant at the time of filing his or her jury demand. If | 22 |
| the fee is not
so paid by the defendant, no jury shall be | 23 |
| called, and the case shall be
tried by the court without a | 24 |
| jury.
| 25 |
| (x) Transcripts of Judgment.
| 26 |
| For the filing of a transcript of judgment, the clerk |
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| shall be entitled
to the same fee as if it were the | 2 |
| commencement of new suit.
| 3 |
| (y) Change of Venue.
| 4 |
| (1) For the filing of a change of case on a change of | 5 |
| venue, the clerk
shall be entitled to the same fee as if it | 6 |
| were the commencement of a new suit.
| 7 |
| (2) The fee for the preparation and certification of a | 8 |
| record on a
change of venue to another jurisdiction, when | 9 |
| original documents are
forwarded, a minimum of $25 and a | 10 |
| maximum of $40.
| 11 |
| (z) Tax objection complaints.
| 12 |
| For each tax objection complaint containing one or more | 13 |
| tax
objections, regardless of the number of parcels | 14 |
| involved
or the number of taxpayers joining in the | 15 |
| complaint, a minimum of $25
and a maximum of $50.
| 16 |
| (aa) Tax Deeds.
| 17 |
| (1) Petition for tax deed, if only one parcel is | 18 |
| involved, a minimum
of $150 and a maximum of $250.
| 19 |
| (2) For each additional parcel, add a fee of a minimum | 20 |
| of $50 and a
maximum of $100.
| 21 |
| (bb) Collections.
| 22 |
| (1) For all collections made of others, except the | 23 |
| State and county
and except in maintenance or child support | 24 |
| cases, a sum equal to a minimum
of 2.5% and a maximum of | 25 |
| 3.0% of the amount collected and turned over.
| 26 |
| (2) Interest earned on any funds held by the clerk |
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| shall be turned
over to the county general fund as an | 2 |
| earning of the office.
| 3 |
| (3) For any check, draft, or other bank instrument | 4 |
| returned to the clerk
for non-sufficient funds, account | 5 |
| closed, or payment stopped, $25.
| 6 |
| (4) In child support and maintenance cases, the clerk, | 7 |
| if authorized by an
ordinance of the county board, may | 8 |
| collect an annual fee of up to $36 from
the person making | 9 |
| payment for maintaining child support records and the
| 10 |
| processing of support orders to the State of Illinois KIDS | 11 |
| system and the
recording of payments issued by the State | 12 |
| Disbursement Unit for the official
record of the Court.
| 13 |
| This fee shall be in addition
to and separate from amounts | 14 |
| ordered to be paid as maintenance or child
support and | 15 |
| shall be deposited into a Separate Maintenance and Child | 16 |
| Support
Collection Fund, of which the clerk shall be the | 17 |
| custodian, ex-officio, to
be used by the clerk to maintain | 18 |
| child support orders and record all payments
issued by the | 19 |
| State Disbursement Unit for the official record of the | 20 |
| Court.
The clerk may recover from the person making the | 21 |
| maintenance or child support
payment any additional cost | 22 |
| incurred in the collection of this annual
fee.
| 23 |
| The clerk shall also be entitled to a fee of $5 for | 24 |
| certifications made
to the Secretary of State as provided | 25 |
| in Section 7-703 of the Family Financial
Responsibility Law | 26 |
| and these fees shall also be deposited into the Separate
|
|
|
|
HB3455 Enrolled |
- 52 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| Maintenance and Child Support Collection Fund.
| 2 |
| (cc) Corrections of Numbers.
| 3 |
| For correction of the case number, case title, or | 4 |
| attorney computer
identification number, if required by | 5 |
| rule of court, on any document filed
in the clerk's office, | 6 |
| to be charged against the party that filed the
document, a | 7 |
| minimum of $15 and a maximum of $25.
| 8 |
| (dd) Exceptions.
| 9 |
| The fee requirements of this Section shall not apply to | 10 |
| police
departments or other law enforcement agencies. In | 11 |
| this Section, "law
enforcement agency" means an agency of | 12 |
| the State or a unit of local
government which is vested by | 13 |
| law or ordinance with the duty to maintain
public order and | 14 |
| to enforce criminal laws or ordinances. "Law enforcement
| 15 |
| agency" also means the Attorney General or any state's | 16 |
| attorney.
The fee requirements of this Section shall not | 17 |
| apply to any action instituted
under subsection (b) of | 18 |
| Section 11-31-1 of the Illinois Municipal Code by a
private | 19 |
| owner or tenant of real property within 1200 feet of a | 20 |
| dangerous or
unsafe building seeking an order compelling | 21 |
| the owner or owners of the building
to take any of the | 22 |
| actions authorized under that subsection.
| 23 |
| The fee requirements of this Section shall not apply to | 24 |
| the filing of any
commitment petition or petition for an | 25 |
| order authorizing the administration of psychotropic | 26 |
| medication or electroconvulsive therapy
authorized
|
|
|
|
HB3455 Enrolled |
- 53 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| involuntary treatment in the form of medication under the | 2 |
| Mental Health and
Developmental Disabilities Code.
| 3 |
| (ee) Adoptions.
| 4 |
| (1) For an adoption ..............................$65
| 5 |
| (2) Upon good cause shown, the court may waive the | 6 |
| adoption filing fee in
a special needs adoption. The term | 7 |
| "special needs adoption" shall have the
meaning ascribed to | 8 |
| it by the Illinois Department of Children and Family
| 9 |
| Services.
| 10 |
| (ff) Adoption exemptions.
| 11 |
| No fee other than that set forth in subsection (ee) | 12 |
| shall be charged to any
person in connection with an | 13 |
| adoption proceeding
nor may any fee be charged
for | 14 |
| proceedings for the
appointment of a confidential | 15 |
| intermediary under the Adoption Act.
| 16 |
| (gg) Unpaid fees.
| 17 |
| Unless a court ordered payment schedule is implemented | 18 |
| or the fee
requirements of this Section are waived pursuant | 19 |
| to court order, the clerk of
the court may add to any | 20 |
| unpaid fees and costs under this Section a delinquency
| 21 |
| amount equal to 5% of the unpaid fees that remain unpaid | 22 |
| after 30 days, 10% of
the unpaid fees that remain unpaid | 23 |
| after 60 days, and 15% of the unpaid fees
that remain | 24 |
| unpaid after 90 days. Notice to those parties may be made | 25 |
| by
signage posting or publication. The additional | 26 |
| delinquency amounts collected under this Section shall
be |
|
|
|
HB3455 Enrolled |
- 54 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| used to defray additional administrative costs incurred by | 2 |
| the clerk of the
circuit court in collecting unpaid fees | 3 |
| and costs.
| 4 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-521, eff. 6-1-02; 93-385, | 5 |
| eff. 7-25-03; 93-573, eff. 8-21-03; 93-760, eff. 1-1-05.)
| 6 |
| (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
| 7 |
| Sec. 27.2a. The fees of the clerks of the circuit court in | 8 |
| all
counties having a population of 3,000,000 or more | 9 |
| inhabitants in the
instances described in this Section shall be | 10 |
| as provided in this
Section. In those instances where a minimum | 11 |
| and maximum fee is stated, the
clerk of the circuit court must | 12 |
| charge the minimum fee listed
and may charge up to the maximum | 13 |
| fee if the county board has by resolution
increased the fee. | 14 |
| The fees shall be paid in advance and shall be as follows:
| 15 |
| (a) Civil Cases.
| 16 |
| The fee for filing a complaint, petition, or other | 17 |
| pleading
initiating a civil action, with the following | 18 |
| exceptions, shall be a minimum
of $190 and a maximum of | 19 |
| $240.
| 20 |
| (A) When the amount of money or damages or the | 21 |
| value of personal
property claimed does not exceed | 22 |
| $250, a minimum of $15 and a maximum of
$22.
| 23 |
| (B) When that amount exceeds $250 but does not | 24 |
| exceed $1000, a minimum
of $40 and a maximum of $75.
| 25 |
| (C) When that amount exceeds $1000 but does not |
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| exceed $2500, a
minimum of $50 and a maximum of $80.
| 2 |
| (D) When that amount exceeds $2500 but does not | 3 |
| exceed $5000, a
minimum of $100 and a maximum of $130.
| 4 |
| (E) When that amount exceeds $5000 but does not | 5 |
| exceed $15,000, $150.
| 6 |
| (F) For the exercise of eminent domain, $150. For | 7 |
| each additional
lot or tract of land or right or | 8 |
| interest therein subject to be condemned,
the damages | 9 |
| in respect to which shall require separate assessment | 10 |
| by a jury,
$150.
| 11 |
| (G) For the final determination of parking, | 12 |
| standing, and compliance
violations and final | 13 |
| administrative decisions issued after hearings | 14 |
| regarding
vehicle immobilization and impoundment made | 15 |
| pursuant to Sections 3-704.1,
6-306.5, and 11-208.3 of | 16 |
| the Illinois Vehicle Code, $25.
| 17 |
| (H) No fees shall be charged by the clerk to a | 18 |
| petitioner in any
order
of
protection including, but | 19 |
| not limited to, filing, modifying, withdrawing,
| 20 |
| certifying, or
photocopying petitions for orders of | 21 |
| protection, or for issuing alias summons,
or for any
| 22 |
| related filing service, certifying, modifying, | 23 |
| vacating, or
photocopying any
orders of protection.
| 24 |
| (b) Forcible Entry and Detainer.
| 25 |
| In each forcible entry and detainer case when the | 26 |
| plaintiff seeks
possession only or unites with his or her |
|
|
|
HB3455 Enrolled |
- 56 - |
LRB095 07220 DRJ 27355 b |
|
| 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
minimum | 3 |
| of $75 and a maximum of $140.
When the plaintiff unites his | 4 |
| or her claim for possession with a claim for
rent or | 5 |
| damages or both exceeding $15,000, a minimum of $225 and a
| 6 |
| maximum of
$335.
| 7 |
| (c) Counterclaim or Joining Third Party Defendant.
| 8 |
| When any defendant files a counterclaim as part of his | 9 |
| or her answer or
otherwise or joins another party as a | 10 |
| third party defendant, or both, the
defendant shall pay a | 11 |
| fee for each counterclaim or third party action in an
| 12 |
| amount equal to the fee he or she would have had to pay had | 13 |
| he or she
brought a separate action for the relief sought | 14 |
| in the counterclaim or
against the third party defendant, | 15 |
| less the amount of the appearance fee,
if that has been | 16 |
| paid.
| 17 |
| (d) Confession of Judgment.
| 18 |
| In a confession of judgment when the amount does not | 19 |
| exceed $1500, a
minimum of $60 and a maximum of $70.
When | 20 |
| the amount exceeds $1500, but does not exceed $5000, a | 21 |
| minimum of $75
and a maximum of $150.
When the
amount | 22 |
| exceeds $5000, but does not exceed $15,000, a minimum of | 23 |
| $175 and
a
maximum of $260. When the
amount
exceeds | 24 |
| $15,000, a minimum of $250 and a maximum of $310.
| 25 |
| (e) Appearance.
| 26 |
| The fee for filing an appearance in each civil case |
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| shall be a minimum
of
$75 and a maximum of $110,
except as | 2 |
| follows:
| 3 |
| (A) When the plaintiff in a forcible entry and | 4 |
| detainer case seeks
possession only, a minimum of $40 | 5 |
| and a maximum of $80.
| 6 |
| (B) When the amount in the case does not exceed | 7 |
| $1500, a minimum of
$40 and a maximum of $80.
| 8 |
| (C) When that amount exceeds $1500 but does not | 9 |
| exceed $15,000, a
minimum of $60 and a maximum of $90.
| 10 |
| (f) Garnishment, Wage Deduction, and Citation.
| 11 |
| In garnishment affidavit, wage deduction affidavit, | 12 |
| and citation
petition when the amount does not exceed | 13 |
| $1,000, a minimum of $15 and a
maximum of $25; when the
| 14 |
| amount
exceeds $1,000 but does not exceed $5,000, a minimum | 15 |
| of $30 and a maximum
of
$45; and when the amount
exceeds
| 16 |
| $5,000, a minimum of $50 and a maximum of $80.
| 17 |
| (g) Petition to Vacate
or Modify.
| 18 |
| (1) Petition to vacate
or modify any final judgment or | 19 |
| order of court,
except in forcible entry and detainer cases | 20 |
| and small claims cases or a
petition to reopen an estate, | 21 |
| to modify, terminate, or enforce a
judgment or order for | 22 |
| child or spousal support, or to modify, suspend, or
| 23 |
| terminate an order for withholding, if filed before 30 days | 24 |
| after the entry
of the judgment or order, a minimum of $50 | 25 |
| and a maximum of $60.
| 26 |
| (2) Petition to vacate
or modify any final judgment
or |
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| order of court, except a petition to modify, terminate, or | 2 |
| enforce a
judgment or order for child or spousal support or | 3 |
| to modify, suspend, or
terminate an order for withholding, | 4 |
| if filed later than 30 days
after the entry of the judgment | 5 |
| or order, a minimum of $75 and a maximum
of
$90.
| 6 |
| (3) Petition to vacate order of bond forfeiture, a | 7 |
| minimum of $40
and a
maximum of $80.
| 8 |
| (h) Mailing.
| 9 |
| When the clerk is required to mail, the fee will be a | 10 |
| minimum of $10
and
a maximum of $15,
plus the cost of | 11 |
| postage.
| 12 |
| (i) Certified Copies.
| 13 |
| Each certified copy of a judgment after the first, | 14 |
| except in small
claims and forcible entry and detainer | 15 |
| cases, a minimum of $15 and a
maximum
of $20.
| 16 |
| (j) Habeas Corpus.
| 17 |
| For filing a petition for relief by habeas corpus, a | 18 |
| minimum of $125
and
a maximum of $190.
| 19 |
| (k) Certification, Authentication, and Reproduction.
| 20 |
| (1) Each certification or authentication for taking | 21 |
| the acknowledgment
of a deed or other instrument in writing | 22 |
| with the seal of office, a minimum
of $6 and a maximum of | 23 |
| $9.
| 24 |
| (2) Court appeals when original documents are | 25 |
| forwarded, under 100 pages,
plus delivery and costs, a | 26 |
| minimum of $75 and a maximum of $110.
|
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| (3) Court appeals when original documents are | 2 |
| forwarded, over 100 pages,
plus delivery and costs, a | 3 |
| minimum of $150 and a maximum of $185.
| 4 |
| (4) Court appeals when original documents are | 5 |
| forwarded, over 200
pages, an additional fee of a minimum | 6 |
| of 25 and a maximum of 30 cents
per
page.
| 7 |
| (5) For reproduction of any document contained in the | 8 |
| clerk's files:
| 9 |
| (A) First page, $2.
| 10 |
| (B) Next 19 pages, 50 cents per page.
| 11 |
| (C) All remaining pages, 25 cents per page.
| 12 |
| (l) Remands.
| 13 |
| In any cases remanded to the Circuit Court from the | 14 |
| Supreme Court
or the Appellate Court for a new trial, the | 15 |
| clerk shall file the
remanding order and reinstate the case | 16 |
| with either its original number or a new
number. The Clerk
| 17 |
| shall not charge any new or additional fee for the | 18 |
| reinstatement. Upon
reinstatement the Clerk shall advise | 19 |
| the parties of the reinstatement. A
party shall have the | 20 |
| same right to a jury trial on remand and reinstatement
as | 21 |
| he or she had before the appeal, and no additional or new | 22 |
| fee or charge
shall be made for a jury trial after remand.
| 23 |
| (m) Record Search.
| 24 |
| For each record search, within a division or municipal | 25 |
| district, the
clerk shall be entitled to a search fee of a | 26 |
| minimum of $6 and a maximum
of
$9 for each year
searched.
|
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| (n) Hard Copy.
| 2 |
| For each page of hard copy print output, when case | 3 |
| records are
maintained on an automated medium, the clerk | 4 |
| shall be entitled to a fee of
a minimum of $6 and a maximum | 5 |
| of $9.
| 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
records | 10 |
| are maintained in a current automated medium, and when no | 11 |
| hard copy
print output is requested. The fees to be charged | 12 |
| for management records,
multiple case records, and | 13 |
| multiple journal records may be specified by the
Chief | 14 |
| Judge pursuant to the guidelines for access and | 15 |
| dissemination of
information approved by the Supreme | 16 |
| Court.
| 17 |
| (p) (Blank).
| 18 |
| (q) Alias Summons.
| 19 |
| For each alias summons or citation issued by the clerk, | 20 |
| a minimum of $5
and a maximum of $6.
| 21 |
| (r) Other Fees.
| 22 |
| Any fees not covered in this Section shall be set by | 23 |
| rule or
administrative order of the Circuit Court with the | 24 |
| approval of the
Administrative Office of the Illinois | 25 |
| Courts.
| 26 |
| The clerk of the circuit court may provide additional |
|
|
|
HB3455 Enrolled |
- 61 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| services for
which there is no fee specified by statute in | 2 |
| connection with the operation
of the clerk's office as may | 3 |
| be requested by the public and agreed to by
the clerk and | 4 |
| approved by the chief judge of the circuit court. Any
| 5 |
| charges for additional services shall be as agreed to
| 6 |
| between the clerk and the party making the request and | 7 |
| approved by the
chief judge of the circuit court. Nothing | 8 |
| in this
subsection shall be construed to require any clerk | 9 |
| to provide any service
not otherwise required by law.
| 10 |
| (s) Jury Services.
| 11 |
| The clerk shall be entitled to receive, in
addition to | 12 |
| other fees allowed by law, the sum of a minimum of $212.50
| 13 |
| and
maximum of $230, as a
fee for the
services of a jury in | 14 |
| every civil action not quasi-criminal in its
nature and not | 15 |
| a proceeding for the exercise of the right of eminent
| 16 |
| domain and in every other action wherein the right of trial | 17 |
| by jury
is or may be given by law. The jury fee shall be | 18 |
| paid by the party
demanding a jury at the time of filing | 19 |
| the jury demand. If the fee is
not paid by either party, no | 20 |
| jury shall be called in the action or
proceeding, and the | 21 |
| same shall be tried by the court without a jury.
| 22 |
| (t) Voluntary Assignment.
| 23 |
| For filing each deed of voluntary assignment, a minimum | 24 |
| of $20 and a
maximum of $40; for
recording
the same, a | 25 |
| minimum of 50˘ and a maximum of $0.80 for each 100 words.
| 26 |
| Exceptions filed to claims
presented
to an assignee of a |
|
|
|
HB3455 Enrolled |
- 62 - |
LRB095 07220 DRJ 27355 b |
|
| 1 |
| debtor who has made a voluntary assignment for the
benefit | 2 |
| of creditors shall be considered and treated, for the | 3 |
| purpose of
taxing costs therein, as actions in which the | 4 |
| party or parties filing
the exceptions shall be considered | 5 |
| as party or parties plaintiff, and
the claimant or | 6 |
| claimants as party or parties defendant, and those
parties | 7 |
| respectively shall pay to the clerk the same fees
as | 8 |
| provided by this Section to be paid in other actions.
| 9 |
| (u) Expungement Petition.
| 10 |
| The clerk shall be entitled to receive a fee of a | 11 |
| minimum of $60 and
a
maximum of $120 for each
expungement | 12 |
| petition filed and an additional fee of a minimum of $4 and | 13 |
| a
maximum of $8 for each
certified
copy of an order to | 14 |
| expunge arrest records.
| 15 |
| (v) Probate.
| 16 |
| The clerk is entitled to receive the fees
specified in | 17 |
| this subsection (v), which shall be paid in advance,
except | 18 |
| that, for good cause shown, the court may suspend, reduce, | 19 |
| or
release the costs payable under this subsection:
| 20 |
| (1) For administration of the estate of a decedent | 21 |
| (whether testate
or intestate) or of a missing person, a | 22 |
| minimum of $150 and a maximum of
$225, plus the fees
| 23 |
| specified in
subsection (v)(3), except:
| 24 |
| (A) When the value of the real and personal | 25 |
| property does not exceed
$15,000, the fee shall be a | 26 |
| minimum of $40 and a maximum of $65.
|
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LRB095 07220 DRJ 27355 b |
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| 1 |
| (B) When (i) proof of heirship alone is made, (ii) | 2 |
| a domestic or
foreign will is admitted to probate | 3 |
| without administration (including
proof of heirship), | 4 |
| or (iii) letters of office are issued for a particular
| 5 |
| purpose without administration of the estate, the fee | 6 |
| shall be a minimum of
$40 and a maximum of $65.
| 7 |
| (2) For administration of the estate of a ward, a | 8 |
| minimum of $75 and
a
maximum of $110,
plus the fees | 9 |
| specified in subsection (v)(3), except:
| 10 |
| (A) When the value of the real and personal | 11 |
| property does not exceed
$15,000, the fee shall be a | 12 |
| minimum of $40 and a maximum of $65.
| 13 |
| (B) When (i) letters of office are issued to a | 14 |
| guardian of the person
or persons,
but not of the | 15 |
| estate or (ii) letters of office are issued in the | 16 |
| estate of
a ward without administration of the estate, | 17 |
| including filing or joining in
the filing of a tax | 18 |
| return or releasing a mortgage or consenting to the
| 19 |
| marriage of the ward, the fee shall be a minimum of $20 | 20 |
| and a maximum of
$40.
| 21 |
| (3) In addition to the fees payable under subsection | 22 |
| (v)(1) or
(v)(2) of this Section, the following fees are | 23 |
| payable:
| 24 |
| (A) For each account (other than one final account) | 25 |
| filed in the
estate of a decedent, or ward, a minimum | 26 |
| of $25 and a maximum of $40.
|
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HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
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| (B) For filing a claim in an estate when the amount | 2 |
| claimed is $150
or more but less than $500, a minimum | 3 |
| of $20 and a maximum of $40; when
the
amount claimed is | 4 |
| $500 or
more but less than $10,000, a minimum of $40 | 5 |
| and a maximum of $65; when
the
amount claimed is | 6 |
| $10,000
or more,
a minimum of $60 and a maximum of $90; | 7 |
| provided that the court in
allowing
a claim may add to | 8 |
| the
amount allowed
the filing fee paid by the claimant.
| 9 |
| (C) For filing in an estate a claim, petition, or | 10 |
| supplemental
proceeding based upon an action seeking | 11 |
| equitable relief including the
construction or contest | 12 |
| of a will, enforcement of a contract to make a
will, | 13 |
| and proceedings involving testamentary trusts or the | 14 |
| appointment of
testamentary trustees, a minimum of $60 | 15 |
| and a maximum of $90.
| 16 |
| (D) For filing in an estate (i) the appearance of | 17 |
| any person for the
purpose of consent or (ii) the | 18 |
| appearance of an executor, administrator,
| 19 |
| administrator to collect, guardian, guardian ad litem, | 20 |
| or special
administrator, no fee.
| 21 |
| (E) Except as provided in subsection (v)(3)(D), | 22 |
| for filing the
appearance of any person or persons, a | 23 |
| minimum of $30 and a maximum of
$90.
| 24 |
| (F) For each jury demand, a minimum of $137.50 and | 25 |
| a maximum of
$180.
| 26 |
| (G) For disposition of the collection of a judgment |
|
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HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
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| 1 |
| or settlement of
an action or claim for wrongful death | 2 |
| of a decedent or of any cause of
action of a ward, when | 3 |
| there is no other administration
of the estate, a | 4 |
| minimum of $50 and a maximum of $80, less any amount
| 5 |
| paid
under subsection (v)(1)(B)
or (v)(2)(B) except | 6 |
| that if the amount involved does not exceed
$5,000, the | 7 |
| fee, including any amount paid under subsection
| 8 |
| (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a | 9 |
| maximum of $40.
| 10 |
| (H) For each certified copy of letters of office, | 11 |
| of court order or
other certification, a minimum of $2 | 12 |
| and a maximum of $4, plus $1 per
page
in excess
of 3 | 13 |
| pages for the document certified.
| 14 |
| (I) For each exemplification, $2, plus the fee for | 15 |
| certification.
| 16 |
| (4) The executor, administrator, guardian, petitioner,
| 17 |
| or other interested person or his or her attorney shall pay | 18 |
| the cost of
publication by the clerk directly to the | 19 |
| newspaper.
| 20 |
| (5) The person on whose behalf a charge is incurred for | 21 |
| witness,
court reporter, appraiser, or other miscellaneous | 22 |
| fee shall pay the same
directly to the person entitled | 23 |
| thereto.
| 24 |
| (6) The executor, administrator, guardian, petitioner, | 25 |
| or other
interested person or his or her attorney shall pay | 26 |
| to the clerk all postage
charges incurred by the clerk in |
|
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HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
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| 1 |
| mailing petitions, orders, notices, or
other documents | 2 |
| pursuant to the provisions of the Probate Act of 1975.
| 3 |
| (w) Criminal and Quasi-Criminal Costs and Fees.
| 4 |
| (1) The clerk shall be entitled to costs in all | 5 |
| criminal
and quasi-criminal cases from each person | 6 |
| convicted or sentenced to
supervision therein as follows:
| 7 |
| (A) Felony complaints, a minimum of $125 and a | 8 |
| maximum of $190.
| 9 |
| (B) Misdemeanor complaints, a minimum of $75 and a | 10 |
| maximum of
$110.
| 11 |
| (C) Business offense complaints, a minimum of $75 | 12 |
| and a maximum of
$110.
| 13 |
| (D) Petty offense complaints, a minimum of $75 and | 14 |
| a maximum of
$110.
| 15 |
| (E) Minor traffic or ordinance violations, $30.
| 16 |
| (F) When court appearance required, $50.
| 17 |
| (G) Motions to vacate or amend final orders, a | 18 |
| minimum of $40 and
a
maximum of $80.
| 19 |
| (H) Motions to vacate bond forfeiture orders, a | 20 |
| minimum of $30 and
a
maximum of $45.
| 21 |
| (I) Motions to vacate ex parte judgments, whenever | 22 |
| filed, a minimum
of
$30 and a maximum of $45.
| 23 |
| (J) Motions to vacate judgment on forfeitures, | 24 |
| whenever filed, a
minimum of $25 and a maximum of $30.
| 25 |
| (K) Motions to vacate "failure to appear" or | 26 |
| "failure to comply"
notices sent to the Secretary of |
|
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HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
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| 1 |
| State, a minimum of $40 and a maximum of
$50.
| 2 |
| (2) In counties having a population of 3,000,000 or | 3 |
| more,
when the violation complaint is issued by a municipal
| 4 |
| police department, the clerk shall be entitled to costs | 5 |
| from each person
convicted therein as follows:
| 6 |
| (A) Minor traffic or ordinance violations, $30.
| 7 |
| (B) When court appearance required, $50.
| 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 other | 12 |
| fees or costs allowed or imposed by law, the sum of a
| 13 |
| minimum of
$112.50 and a maximum of $250
as a fee for the | 14 |
| services of a jury. The jury fee shall be paid by the
| 15 |
| defendant at the time of filing his or her jury demand. If | 16 |
| the fee is not
so paid by the defendant, no jury shall be | 17 |
| called, and the case shall be
tried by the court without a | 18 |
| jury.
| 19 |
| (x) Transcripts of Judgment.
| 20 |
| For the filing of a transcript of judgment, the clerk | 21 |
| shall be entitled
to the same fee as if it were the | 22 |
| commencement of a new suit.
| 23 |
| (y) Change of Venue.
| 24 |
| (1) For the filing of a change of case on a change of | 25 |
| venue, the clerk
shall be entitled to the same fee as if it | 26 |
| were the commencement of a new suit.
|
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HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
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| 1 |
| (2) The fee for the preparation and certification of a | 2 |
| record on a
change of venue to another jurisdiction, when | 3 |
| original documents are
forwarded, a minimum of $40 and a | 4 |
| maximum of $65.
| 5 |
| (z) Tax objection complaints.
| 6 |
| For each tax objection complaint containing one or more | 7 |
| tax
objections, regardless of the number of parcels | 8 |
| involved or the number of
taxpayers joining in the | 9 |
| complaint, a minimum of $50 and a maximum of
$100.
| 10 |
| (aa) Tax Deeds.
| 11 |
| (1) Petition for tax deed, if only one parcel is | 12 |
| involved, a minimum
of
$250 and a maximum of $400.
| 13 |
| (2) For each additional parcel, add a fee of a minimum | 14 |
| of $100 and a
maximum of $200.
| 15 |
| (bb) Collections.
| 16 |
| (1) For all collections made of others, except the | 17 |
| State and county
and except in maintenance or child support | 18 |
| cases, a sum equal to 3.0% of
the amount collected and | 19 |
| turned over.
| 20 |
| (2) Interest earned on any funds held by the clerk | 21 |
| shall be turned
over to the county general fund as an | 22 |
| earning of the office.
| 23 |
| (3) For any check, draft, or other bank instrument | 24 |
| returned to the
clerk for non-sufficient funds, account | 25 |
| closed, or payment stopped, $25.
| 26 |
| (4) In child support and maintenance cases, the clerk, |
|
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HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
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| 1 |
| if authorized by an
ordinance of the county board, may | 2 |
| collect an annual fee of up to $36 from
the person making | 3 |
| payment for maintaining child support records and the
| 4 |
| processing of support orders to the State of Illinois KIDS | 5 |
| system and the
recording of payments issued by the State | 6 |
| Disbursement Unit for the official
record of the Court. | 7 |
| This fee shall be in addition
to and separate from amounts | 8 |
| ordered to be paid as maintenance or child
support and | 9 |
| shall be deposited into a Separate Maintenance and Child | 10 |
| Support
Collection Fund, of which the clerk shall be the | 11 |
| custodian, ex-officio, to
be used by the clerk to maintain | 12 |
| child support orders and record all payments
issued by the | 13 |
| State Disbursement Unit for the official record of the | 14 |
| Court.
The clerk may recover from the person making the | 15 |
| maintenance or child
support payment any additional cost | 16 |
| incurred in the collection of this annual
fee.
| 17 |
| The clerk shall also be entitled to a fee of $5 for | 18 |
| certifications made
to the Secretary of State as provided | 19 |
| in Section 7-703 of the Family
Financial Responsibility Law | 20 |
| and these fees shall also be deposited into the
Separate | 21 |
| Maintenance and Child Support Collection Fund.
| 22 |
| (cc) Corrections of Numbers.
| 23 |
| For correction of the case number, case title, or | 24 |
| attorney computer
identification number, if required by | 25 |
| rule of court, on any document filed
in the clerk's office, | 26 |
| to be charged against the party that filed the document,
a |
|
|
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HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
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| 1 |
| minimum of $25 and a maximum of $40.
| 2 |
| (dd) Exceptions.
| 3 |
| (1) The fee requirements of this Section shall not | 4 |
| apply to police
departments or other law enforcement | 5 |
| agencies. In this Section, "law
enforcement agency" means | 6 |
| an agency of the State or a unit of local
government which | 7 |
| is vested by law or ordinance with the duty to maintain
| 8 |
| public order and to enforce criminal laws or ordinances. | 9 |
| "Law enforcement
agency" also means the Attorney General or | 10 |
| any state's attorney.
| 11 |
| (2) No fee provided herein shall be charged to any unit | 12 |
| of
local government or school district.
The fee | 13 |
| requirements of this Section shall not apply to any action | 14 |
| instituted
under subsection (b) of Section 11-31-1 of the | 15 |
| Illinois Municipal Code by a
private owner or tenant of | 16 |
| real property within 1200 feet of a dangerous or
unsafe | 17 |
| building seeking an order compelling the owner or owners of | 18 |
| the building
to take any of the actions authorized under | 19 |
| that subsection.
| 20 |
| (3) The fee requirements of this Section shall not | 21 |
| apply to the filing
of any
commitment petition or petition | 22 |
| for an order authorizing the administration of | 23 |
| psychotropic medication or electroconvulsive therapy
| 24 |
| authorized
involuntary treatment in the form of medication
| 25 |
| under the Mental Health and
Developmental Disabilities | 26 |
| Code.
|
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LRB095 07220 DRJ 27355 b |
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| 1 |
| (ee) Adoption.
| 2 |
| (1) For an adoption ..............................$65
| 3 |
| (2) Upon good cause shown, the court may waive the | 4 |
| adoption filing fee
in a special needs adoption. The term | 5 |
| "special needs adoption" shall have
the meaning ascribed to | 6 |
| it by the Illinois Department of Children and Family
| 7 |
| Services.
| 8 |
| (ff) Adoption exemptions.
| 9 |
| No fee other than that set forth in subsection (ee) | 10 |
| shall be charged to
any person in connection with an | 11 |
| adoption proceeding
nor may any fee be
charged for | 12 |
| proceedings for
the appointment of a confidential | 13 |
| intermediary under the Adoption Act.
| 14 |
| (gg) Unpaid fees.
| 15 |
| Unless a court ordered payment schedule is implemented | 16 |
| or the fee
requirements of this Section are waived pursuant | 17 |
| to court order, the clerk of
the court may add to any | 18 |
| unpaid fees and costs under this Section a delinquency
| 19 |
| amount equal to 5% of the unpaid fees that remain unpaid | 20 |
| after 30 days, 10% of
the unpaid fees that remain unpaid | 21 |
| after 60 days, and 15% of the unpaid fees
that remain | 22 |
| unpaid after 90 days. Notice to those parties may be made | 23 |
| by
signage posting or publication. The additional | 24 |
| delinquency amounts collected under this Section shall
be | 25 |
| used to defray additional administrative costs incurred by | 26 |
| the clerk of the
circuit court in collecting unpaid fees |
|
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HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
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| 1 |
| and costs.
| 2 |
| (Source: P.A. 92-521, eff. 6-1-02; 93-385, eff. 7-25-03; | 3 |
| 93-573, eff. 8-21-03; 93-760, eff. 1-1-05 .)
| 4 |
| Section 20. The Health Care Surrogate Act is amended by | 5 |
| changing Section 60 as follows:
| 6 |
| (755 ILCS 40/60)
| 7 |
| Sec. 60. Health care surrogate; specific mental health | 8 |
| services.
| 9 |
| (a) In this Section, "specific mental health services" | 10 |
| means the
administration of psychotropic medication or | 11 |
| electroconvulsive therapy under Section 2-107 or 2-107.1
| 12 |
| authorized involuntary treatment as defined in Section
1-121.5
| 13 |
| of the Mental Health and Developmental Disabilities Code or
| 14 |
| admission to a mental health facility as defined in Section | 15 |
| 1-114 of that
Code.
| 16 |
| (b) A surrogate decision maker, other than a court | 17 |
| appointed
guardian, may not consent to specific mental health | 18 |
| services for an adult
patient.
A surrogate decision maker may, | 19 |
| however, petition for the
provision of specific mental health | 20 |
| services pursuant to the Mental Health and
Developmental | 21 |
| Disabilities Code.
| 22 |
| (c) This Section does not grant a court-appointed guardian | 23 |
| any additional
authority to consent to specific mental health | 24 |
| services than is permitted by
the Mental Health and |
|
|
|
HB3455 Enrolled |
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LRB095 07220 DRJ 27355 b |
|
| 1 |
| Developmental Disabilities Code.
| 2 |
| (Source: P.A. 91-658, eff. 1-1-00.)
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
|
|