Public Act 93-0573
SB199 Enrolled LRB093 06333 DRJ 06452 b
AN ACT in relation to health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 1-119,
2-107.1, and 3-802 and adding Section 1-129 as follows:
(405 ILCS 5/1-119) (from Ch. 91 1/2, par. 1-119)
Sec. 1-119. "Person subject to involuntary admission"
means:
(1) A person with mental illness and who because of
his or her illness is reasonably expected to inflict
serious physical harm upon himself or herself or another
in the near future which may include threatening behavior
or conduct that places another individual in reasonable
expectation of being harmed; or
(2) A person with mental illness and who because of
his or her illness is unable to provide for his or her
basic physical needs so as to guard himself or herself
from serious harm without the assistance of family or
outside help.
In determining whether a person meets the criteria
specified in paragraph (1) or (2), the court may consider
evidence of the person's repeated past pattern of specific
behavior and actions related to the person's illness.
(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/1-129 new)
Sec. 1-129. Mental illness. "Mental illness" means a
mental, or emotional disorder that substantially impairs a
person's thought, perception of reality, emotional process,
judgment, behavior, or ability to cope with the ordinary
demands of life, but does not include a developmental
disability, dementia or Alzheimer's disease absent psychosis,
a substance abuse disorder, or an abnormality manifested only
by repeated criminal or otherwise antisocial conduct.
(405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
Sec. 2-107.1. Administration of authorized involuntary
treatment upon application to a court.
(a) An adult recipient of services and the recipient's
guardian, if the recipient is under guardianship, and the
substitute decision maker, if any, shall be informed of the
recipient's right to refuse medication. The recipient and the
recipient's guardian or substitute decision maker shall be
given the opportunity to refuse generally accepted mental
health or developmental disability services, including but
not limited to medication.
(a-5) Notwithstanding the provisions of Section 2-107 of
this Code, authorized involuntary treatment may be
administered to an adult recipient of services without the
informed consent of the recipient under the following
standards:
(1) Any person 18 years of age or older, including
any guardian, may petition the circuit court for an order
authorizing the administration of authorized involuntary
treatment to a recipient of services. The petition shall
state that the petitioner has made a good faith attempt
to determine whether the recipient has executed a power
of attorney for health care under the Powers of Attorney
for Health Care Law or a declaration for mental health
treatment under the Mental Health Treatment Preference
Declaration Act and to obtain copies of these instruments
if they exist. If either of the above-named instruments
is available to the petitioner, the instrument or a copy
of the instrument shall be attached to the petition as an
exhibit. The petitioner shall deliver a copy of the
petition, and notice of the time and place of the
hearing, to the respondent, his or her attorney, any
known agent or attorney-in-fact, if any, and the
guardian, if any, no later than 3 days prior to the date
of the hearing. Service of the petition and notice of the
time and place of the hearing may be made by transmitting
them via facsimile machine to the respondent or other
party. Upon receipt of the petition and notice, the
party served, or the person delivering the petition and
notice to the party served, shall acknowledge service.
If the party sending the petition and notice does not
receive acknowledgement of service within 24 hours,
service must be made by personal service.
The petition may include a request that the court
authorize such testing and procedures as may be essential
for the safe and effective administration of the
authorized involuntary treatment sought to be
administered, but only where the petition sets forth the
specific testing and procedures sought to be
administered.
If a hearing is requested to be held immediately
following the hearing on a petition for involuntary
admission, then the notice requirement shall be the same
as that for the hearing on the petition for involuntary
admission, and the petition filed pursuant to this
Section shall be filed with the petition for involuntary
admission.
(2) The court shall hold a hearing within 7 days of
the filing of the petition. The People, the petitioner,
or the respondent shall be entitled to a continuance of
up to 7 days as of right. An additional continuance of
not more than 7 days may be granted to any party (i) upon
a showing that the continuance is needed in order to
adequately prepare for or present evidence in a hearing
under this Section or (ii) under exceptional
circumstances. The court may grant an additional
continuance not to exceed 21 days when, in its
discretion, the court determines that such a continuance
is necessary in order to provide the recipient with an
examination pursuant to Section 3-803 or 3-804 of this
Act, to provide the recipient with a trial by jury as
provided in Section 3-802 of this Act, or to arrange for
the substitution of counsel as provided for by the
Illinois Supreme Court Rules. The hearing shall be
separate from a judicial proceeding held to determine
whether a person is subject to involuntary admission but
may be heard immediately preceding or following such a
judicial proceeding and may be heard by the same trier of
fact or law as in that judicial proceeding.
(3) Unless otherwise provided herein, the
procedures set forth in Article VIII of Chapter 3 of this
Act, including the provisions regarding appointment of
counsel, shall govern hearings held under this subsection
(a-5).
(4) Authorized involuntary treatment shall not be
administered to the recipient unless it has been
determined by clear and convincing evidence that all of
the following factors are present:
(A) That the recipient has a serious mental
illness or developmental disability.
(B) That because of said mental illness or
developmental disability, the recipient currently
exhibits any one of the following: (i) deterioration
of his or her ability to function, as compared to
the recipient's ability to function prior to the
current onset of symptoms of the mental illness or
disability for which treatment is presently sought,
(ii) suffering, or (iii) threatening behavior.
(C) That the illness or disability has existed
for a period marked by the continuing presence of
the symptoms set forth in item (B) of this
subdivision (4) or the repeated episodic occurrence
of these symptoms.
(D) That the benefits of the treatment
outweigh the harm.
(E) That the recipient lacks the capacity to
make a reasoned decision about the treatment.
(F) That other less restrictive services have
been explored and found inappropriate.
(G) If the petition seeks authorization for
testing and other procedures, that such testing and
procedures are essential for the safe and effective
administration of the treatment.
(5) In no event shall an order issued under this
Section be effective for more than 90 days. A second
90-day period of involuntary treatment may be authorized
pursuant to a hearing that complies with the standards
and procedures of this subsection (a-5). Thereafter,
additional 180-day periods of involuntary treatment may
be authorized pursuant to the standards and procedures of
this Section without limit. If a new petition to
authorize the administration of authorized involuntary
treatment is filed at least 15 days prior to the
expiration of the prior order, and if any continuance of
the hearing is agreed to by the recipient, the
administration of the treatment may continue in
accordance with the prior order pending the completion of
a hearing under this Section.
(6) An order issued under this subsection (a-5)
shall designate the persons authorized to administer the
authorized involuntary treatment under the standards and
procedures of this subsection (a-5). Those persons shall
have complete discretion not to administer any treatment
authorized under this Section. The order shall also
specify the medications and the anticipated range of
dosages that have been authorized and may include a list
of any alternative medications and range of dosages
deemed necessary.
(b) A guardian may be authorized to consent to the
administration of authorized involuntary treatment to an
objecting recipient only under the standards and procedures
of subsection (a-5).
(c) Notwithstanding any other provision of this Section,
a guardian may consent to the administration of authorized
involuntary treatment to a non-objecting recipient under
Article XIa of the Probate Act of 1975.
(d) Nothing in this Section shall prevent the
administration of authorized involuntary treatment to
recipients in an emergency under Section 2-107 of this Act.
(e) Notwithstanding any of the provisions of this
Section, authorized involuntary treatment may be administered
pursuant to a power of attorney for health care under the
Powers of Attorney for Health Care Law or a declaration for
mental health treatment under the Mental Health Treatment
Preference Declaration Act.
(Source: P.A. 91-726, eff. 6-2-00; 91-787, eff. 1-1-01;
92-16, eff. 6-28-01.)
(405 ILCS 5/3-802) (from Ch. 91 1/2, par. 3-802)
Sec. 3-802. The respondent is entitled to a jury on the
question of whether he is subject to involuntary admission.
The jury shall consist of 6 persons to be chosen in the same
manner as are jurors in other civil proceedings. A respondent
is not entitled to a jury on the question of whether
authorized involuntary treatment may be administered under
Section 2-107.1.
(Source: P.A. 80-1414.)
Section 10. The Clerks of Courts Act is amended by
changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
(705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
Sec. 27.1. The fees of the Clerk of the Circuit Court in
all counties having a population of 180,000 inhabitants or
less shall be paid in advance, except as otherwise provided,
and shall be as follows:
(a) Civil Cases.
(1) All civil cases except as otherwise
provided........................................... $40
(2) Judicial Sales (except Probate).......... $40
(b) Family.
(1) Commitment petitions under the Mental
Health and Developmental Disabilities Code, Filing
transcript of commitment proceedings held in
another county, and Cases under the Juvenile Court
Act of 1987........................................ $25
(2) Petition for Marriage Licenses........... $10
(3) Marriages in Court....................... $10
(4) Paternity................................ $40
(c) Criminal and Quasi-Criminal.
(1) Each person convicted of a felony........ $40
(2) Each person convicted of a misdemeanor,
leaving scene of an accident, driving while
intoxicated, reckless driving or drag racing,
driving when license revoked or suspended,
overweight, or no interstate commerce certificate,
or when the disposition is court supervision....... $25
(3) Each person convicted of a business
offense............................................ $25
(4) Each person convicted of a petty offense. $25
(5) Minor traffic, conservation, or
ordinance violation, including without limitation
when the disposition is court supervision:
(i) For each offense.................... $10
(ii) For each notice sent to the
defendant's last known address pursuant to
subsection (c) of Section 6-306.4 of the Illinois
Vehicle Code....................................... $2
(iii) For each notice sent to the
Secretary of State pursuant to subsection (c) of
Section 6-306.4 of the Illinois Vehicle Code....... $2
(6) When Court Appearance required........... $15
(7) Motions to vacate or amend final orders.. $10
(8) In ordinance violation cases punishable
by fine only, the clerk of the circuit court shall
be entitled to receive, unless the fee is excused
upon a finding by the court that the defendant is
indigent, in addition to other fees or costs
allowed or imposed by law, the sum of $62.50 as a
fee for the services of a jury. The jury fee shall
be paid by the defendant at the time of filing his
or her jury demand. If the fee is not so paid by
the defendant, no jury shall be called, and the
case shall be tried by the court without a jury.
(d) Other Civil Cases.
(1) Money or personal property claimed does
not exceed $500.................................... $10
(2) Exceeds $500 but not more than $10,000... $25
(3) Exceeds $10,000, when relief in addition
to or supplemental to recovery of money alone is
sought in an action to recover personal property
taxes or retailers occupational tax regardless of
amount claimed..................................... $45
(4) The Clerk of the Circuit Court shall be
entitled to receive, in addition to other fees
allowed by law, the sum of $62.50, as a fee for the
services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding
for the exercise of the right of eminent domain,
and in every equitable action wherein the right of
trial by jury is or may be given by law. The jury
fee shall be paid by the party demanding a jury at
the time of filing his jury demand. If such a fee
is not paid by either party, no jury shall be
called in the action, suit, or proceeding, and the
same shall be tried by the court without a jury.
(e) Confession of judgment and answer.
(1) When the amount does not exceed $1,000... $20
(2) Exceeds $1,000........................... $40
(f) Auxiliary Proceedings.
Any auxiliary proceeding relating to the
collection of a money judgment, including
garnishment, citation, or wage deduction action.... $5
(g) Forcible entry and detainer.
(1) For possession only or possession and
rent not in excess of $10,000...................... $10
(2) For possession and rent in excess of
$10,000............................................ $40
(h) Eminent Domain.
(1) Exercise of Eminent Domain............... $45
(2) For each and every lot or tract of land
or right or interest therein subject to be
condemned, the damages in respect to which shall
require separate assessments by a jury............. $45
(i) Reinstatement.
Each case including petition for modification
of a judgment or order of Court if filed later than
30 days after the entry of a judgment or order,
except in forcible entry and detainer cases and
small claims and except a petition to modify,
terminate, or enforce a judgement or order for
child or spousal support or to modify, suspend, or
terminate an order for withholding, petition to
vacate judgment of dismissal for want of
prosecution whenever filed, petition to reopen an
estate, or redocketing of any cause................ $20
(j) Probate.
(1) Administration of decedent's estates,
whether testate or intestate, guardianships of the
person or estate or both of a person under legal
disability, guardianships of the person or estate
or both of a minor or minors, or petitions to sell
real estate in the administration of any estate.... $50
(2) Small estates in cases where the real and
personal property of an estate does not exceed
$5,000............................................. $25
(3) At any time during the administration of
the estate, however, at the request of the Clerk,
the Court shall examine the record of the estate
and the personal representative to determine the
total value of the real and personal property of
the estate, and if such value exceeds $5,000 shall
order the payment of an additional fee in the
amount of.......................................... $40
(4) Inheritance tax proceedings.............. $15
(5) Issuing letters only for a certain
specific reason other than the administration of an
estate, including but not limited to the release of
mortgage; the issue of letters of guardianship in
order that consent to marriage may be granted or
for some other specific reason other than for the
care of property or person; proof of heirship
without administration; or when a will is to be
admitted to probate, but the estate is to be
settled without administration..................... $10
(6) When a separate complaint relating to any
matter other than a routine claim is filed in an
estate, the required additional fee shall be
charged for such filing............................ $45
(k) Change of Venue.
From a court, the charge is the same amount as
the original filing fee; however, the fee for
preparation and certification of record on change
of venue, when original documents or copies are
forwarded.......................................... $10
(l) Answer, adverse pleading, or appearance.
In civil cases................................ $15
With the following exceptions:
(1) When the amount does not exceed $500..... $5
(2) When amount exceeds $500 but not $10,000. $10
(3) When amount exceeds $10,000.............. $15
(4) Court appeals when documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(m) Tax objection complaints.
For each tax objection complaint containing
one or more tax objections, regardless of the
number of parcels involved or the number of
taxpayers joining the complaint.................... $10
(n) Tax deed.
(1) Petition for tax deed, if only one parcel
is involved........................................ $45
(2) For each additional parcel involved, an
additional fee of.................................. $10
(o) Mailing Notices and Processes.
(1) All notices that the clerk is required to
mail as first class mail........................... $2
(2) For all processes or notices the Clerk is
required to mail by certified or registered mail,
the fee will be $2 plus cost of postage.
(p) Certification or Authentication.
(1) Each certification or authentication for
taking the acknowledgement of a deed or other
instrument in writing with seal of office.......... $2
(2) Court appeals when original documents are
forwarded, 100 pages or under, plus delivery costs. $25
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery costs..... $60
(4) Court appeals when original documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(q) Reproductions.
Each record of proceedings and judgment,
whether on appeal, change of venue, certified
copies of orders and judgments, and all other
instruments, documents, records, or papers:
(1) First page.......................... $1
(2) Next 19 pages, per page............. 50¢
(3) All remaining pages, per page....... 25¢
(r) Counterclaim.
When any defendant files a counterclaim as
part of his or her answer or otherwise, or joins
another party as a third party defendant, or both,
he or she shall pay a fee for each such
counterclaim or third party action in an amount
equal to the fee he or she would have had to pay
had he or she brought a separate action for the
relief sought in the counterclaim or against the
third party defendant, less the amount of the
appearance fee, if that has been paid.
(s) Transcript of Judgment.
From a court, the same fee as if case
originally filed.
(t) Publications.
The cost of publication shall be paid directly
to the publisher by the person seeking the
publication, whether the clerk is required by law
to publish, or the parties to the action.
(u) Collections.
(1) For all collections made for others,
except the State and County and except in
maintenance or child support cases, a sum equal to
2% of the amount collected and turned over.
(2) In any cases remanded to the Circuit
Court from the Supreme Court or the Appellate
Court, the Clerk shall file the remanding order and
reinstate the case with either its original number
or a new number. The Clerk shall not charge any
new or additional fee for the reinstatement. Upon
reinstatement the Clerk shall advise the parties of
the reinstatement. A party shall have the same
right to a jury trial on remand and reinstatement
as he or she had before the appeal, and no
additional or new fee or charge shall be made for a
jury trial after remand.
(3) In maintenance and child support matters,
the Clerk may deduct from each payment an amount
equal to the United States postage to be used in
mailing the maintenance or child support check to
the recipient. In such cases, the Clerk shall
collect an annual fee of up to $36 from the person
making such payment for maintaining child support
records and the processing of support orders to the
State of Illinois KIDS system and the recording of
payments issued by the State Disbursement Unit for
the official record of the Court. Such sum shall be
in addition to and separate from amounts ordered to
be paid as maintenance or child support and shall
be deposited in a separate Maintenance and Child
Support Collection Fund of which the Clerk shall be
the custodian, ex officio, to be used by the Clerk
to maintain child support orders and record all
payments issued by the State Disbursement Unit for
the official record of the Court. Unless paid in
cash or pursuant to an order for withholding, the
payment of the fee shall be by a separate
instrument from the support payment and shall be
made to the order of the Clerk. The Clerk may
recover from the person making the maintenance or
child support payment any additional cost incurred
in the collection of this annual fee.
(4) Interest earned on any funds held by the
clerk shall be turned over to the county general
fund as an earning of the office.
The Clerk shall also be entitled to a fee of
$5 for certifications made to the Secretary of
State as provided in Section 7-703 of the Family
Financial Responsibility Law and these fees shall
also be deposited into the Separate Maintenance and
Child Support Collection Fund.
(v) Correction of Cases.
For correcting the case number or case title
on any document filed in his office, to be charged
against the party that filed the document.......... $10
(w) Record Search.
For searching a record, per year searched..... $4
(x) Printed Output.
For each page of hard copy print output, when
case records are maintained on an automated medium. $2
(y) Alias Summons.
For each alias summons issued................. $2
(z) Expungement of Records.
For each expungement petition filed........... $15
(aa) Other Fees.
Any fees not covered by this Section shall be set by
rule or administrative order of the Circuit Court, with
the approval of the Supreme Court.
(bb) Exemptions.
No fee provided for herein shall be charged to any
unit of State or local government or school district
unless the Court orders another party to pay such fee on
its behalf. The fee requirements of this Section shall
not apply to police departments or other law enforcement
agencies. In this Section, "law enforcement agency" means
an agency of the State or a unit of local government that
is vested by law or ordinance with the duty to maintain
public order and to enforce criminal laws and ordinances.
The fee requirements of this Section shall not apply to
any action instituted under subsection (b) of Section
11-31-1 of the Illinois Municipal Code by a private owner
or tenant of real property within 1200 feet of a
dangerous or unsafe building seeking an order compelling
the owner or owners of the building to take any of the
actions authorized under that subsection.
No fee provided for in this Section shall be charged
in connection with the filing of any commitment petition
or petition for an order authorizing the administration
of authorized involuntary treatment in the form of
medication under the Mental Health and Developmental
Disabilities Code.
(cc) Adoptions.
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(dd) Adoption exemptions.
No fee other than that set forth in subsection (cc)
shall be charged to any person in connection with an
adoption proceeding.
(ee) Additional Services.
Beginning July 1, 1993, the clerk of the circuit
court may provide such additional services for which
there is no fee specified by statute in connection with
the operation of the clerk's office as may be requested
by the public and agreed to by the public and by the
clerk and approved by the chief judge of the circuit
court. Any charges for additional services shall be as
agreed to between the clerk and the party making the
request and approved by the chief judge of the circuit
court. Nothing in this subsection shall be construed to
require any clerk to provide any service not otherwise
required by law.
(ff) Returned checks.
For each check delivered to the clerk that is not
honored on 2 occasions by the financial institution upon
which it is drawn because of insufficient funds in the
account, because the account is closed, because there is
no account, or because a stop payment has been placed on
the check, in addition to the amount already owed....$25.
(Source: P.A. 91-165, eff. 7-16-99; 91-321, eff. 1-1-00;
91-357, eff. 7-29-99; 91-612, eff. 10-1-99; 92-16, eff.
6-28-01; 92-114, eff. 1-1-02.)
(705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
Sec. 27.1a. The fees of the clerks of the circuit court
in all counties having a population in excess of 180,000 but
not more than 500,000 inhabitants in the instances described
in this Section shall be as provided in this Section. The
fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following
exceptions, shall be $150.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed
$250, $10.
(B) When that amount exceeds $250 but does not
exceed $500, $20.
(C) When that amount exceeds $500 but does not
exceed $2500, $30.
(D) When that amount exceeds $2500 but does
not exceed $15,000, $75.
(E) For the exercise of eminent domain, $150.
For each additional lot or tract of land or right or
interest therein subject to be condemned, the
damages in respect to which shall require separate
assessment by a jury, $150.
(a-1) Family.
For filing a petition under the Juvenile Court Act
of 1987, $25.
For filing a petition for a marriage license, $10.
For performing a marriage in court, $10.
For filing a petition under the Illinois Parentage
Act of 1984, $40.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her
claim for possession of the property a claim for rent or
damages or both in the amount of $15,000 or less, $40.
When the plaintiff unites his or her claim for possession
with a claim for rent or damages or both exceeding
$15,000, $150.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of
his or her answer or otherwise or joins another party as
a third party defendant, or both, the defendant shall pay
a fee for each counterclaim or third party action in an
amount equal to the fee he or she would have had to pay
had he or she brought a separate action for the relief
sought in the counterclaim or against the third party
defendant, less the amount of the appearance fee, if that
has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, $50. When the amount exceeds $1500, but
does not exceed $15,000, $115. When the amount exceeds
$15,000, $200.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be $50, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, $20.
(B) When the amount in the case does not
exceed $1500, $20.
(C) When that amount exceeds $1500 but does
not exceed $15,000, $40.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, $10; when the amount exceeds $1,000 but does not
exceed $5,000, $20; and when the amount exceeds $5,000,
$30.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment
or order of court, except in forcible entry and detainer
cases and small claims cases or a petition to reopen an
estate, to modify, terminate, or enforce a judgment or
order for child or spousal support, or to modify,
suspend, or terminate an order for withholding, if filed
before 30 days after the entry of the judgment or order,
$40.
(2) Petition to vacate or modify any final judgment
or order of court, except a petition to modify,
terminate, or enforce a judgment or order for child or
spousal support or to modify, suspend, or terminate an
order for withholding, if filed later than 30 days after
the entry of the judgment or order, $60.
(3) Petition to vacate order of bond forfeiture,
$20.
(h) Mailing.
When the clerk is required to mail, the fee will be
$6, plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer
cases, $10.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus,
$80.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in
writing with the seal of office, $4.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, $50.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, $120.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of 20 cents
per page.
(5) For reproduction of any document contained in
the clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the
clerk shall file the remanding order and reinstate the
case with either its original number or a new number. The
Clerk shall not charge any new or additional fee for the
reinstatement. Upon reinstatement the Clerk shall advise
the parties of the reinstatement. A party shall have the
same right to a jury trial on remand and reinstatement as
he or she had before the appeal, and no additional or new
fee or charge shall be made for a jury trial after
remand.
(m) Record Search.
For each record search, within a division or
municipal district, the clerk shall be entitled to a
search fee of $4 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk
shall be entitled to a fee of $4.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record
inquiry when this request is made in person and the
records are maintained in a current automated medium, and
when no hard copy print output is requested. The fees to
be charged for management records, multiple case records,
and multiple journal records may be specified by the
Chief Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) (Blank). Commitment Petitions.
For filing commitment petitions under the Mental
Health and Developmental Disabilities Code and for filing
a transcript of commitment proceedings held in another
county, $25.
(q) Alias Summons.
For each alias summons or citation issued by the
clerk, $4.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with
the approval of the Administrative Office of the Illinois
Courts.
The clerk of the circuit court may provide
additional services for which there is no fee specified
by statute in connection with the operation of the
clerk's office as may be requested by the public and
agreed to by the clerk and approved by the chief judge of
the circuit court. Any charges for additional services
shall be as agreed to between the clerk and the party
making the request and approved by the chief judge of the
circuit court. Nothing in this subsection shall be
construed to require any clerk to provide any service not
otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition
to other fees allowed by law, the sum of $192.50, as a
fee for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every
other action wherein the right of trial by jury is or may
be given by law. The jury fee shall be paid by the party
demanding a jury at the time of filing the jury demand.
If the fee is not paid by either party, no jury shall be
called in the action or proceeding, and the same shall be
tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $10;
for recording the same, 25¢ for each 100 words.
Exceptions filed to claims presented to an assignee of a
debtor who has made a voluntary assignment for the
benefit of creditors shall be considered and treated, for
the purpose of taxing costs therein, as actions in which
the party or parties filing the exceptions shall be
considered as party or parties plaintiff, and the
claimant or claimants as party or parties defendant, and
those parties respectively shall pay to the clerk the
same fees as provided by this Section to be paid in other
actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $30
for each expungement petition filed and an additional fee
of $2 for each certified copy of an order to expunge
arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified
in this subsection (v), which shall be paid in advance,
except that, for good cause shown, the court may suspend,
reduce, or release the costs payable under this
subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person,
$100, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$25.
(B) When (i) proof of heirship alone is made,
(ii) a domestic or foreign will is admitted to
probate without administration (including proof of
heirship), or (iii) letters of office are issued for
a particular purpose without administration of the
estate, the fee shall be $25.
(2) For administration of the estate of a ward,
$50, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$25.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the
estate or (ii) letters of office are issued in the
estate of a ward without administration of the
estate, including filing or joining in the filing of
a tax return or releasing a mortgage or consenting
to the marriage of the ward, the fee shall be $10.
(3) In addition to the fees payable under
subsection (v)(1) or (v)(2) of this Section, the
following fees are payable:
(A) For each account (other than one final
account) filed in the estate of a decedent, or ward,
$15.
(B) For filing a claim in an estate when the
amount claimed is $150 or more but less than $500,
$10; when the amount claimed is $500 or more but
less than $10,000, $25; when the amount claimed is
$10,000 or more, $40; provided that the court in
allowing a claim may add to the amount allowed the
filing fee paid by the claimant.
(C) For filing in an estate a claim, petition,
or supplemental proceeding based upon an action
seeking equitable relief including the construction
or contest of a will, enforcement of a contract to
make a will, and proceedings involving testamentary
trusts or the appointment of testamentary trustees,
$40.
(D) For filing in an estate (i) the appearance
of any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad
litem, or special administrator, no fee.
(E) Except as provided in subsection
(v)(3)(D), for filing the appearance of any person
or persons, $10.
(F) For each jury demand, $102.50.
(G) For disposition of the collection of a
judgment or settlement of an action or claim for
wrongful death of a decedent or of any cause of
action of a ward, when there is no other
administration of the estate, $30, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except
that if the amount involved does not exceed $5,000,
the fee, including any amount paid under subsection
(v)(1)(B) or (v)(2)(B), shall be $10.
(H) For each certified copy of letters of
office, of court order or other certification, $1,
plus 50¢ per page in excess of 3 pages for the
document certified.
(I) For each exemplification, $1, plus the fee
for certification.
(4) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay the cost of publication by the clerk
directly to the newspaper.
(5) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fee shall pay the same directly to the
person entitled thereto.
(6) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay to the clerk all postage charges
incurred by the clerk in mailing petitions, orders,
notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, $80.
(B) Misdemeanor complaints, $50.
(C) Business offense complaints, $50.
(D) Petty offense complaints, $50.
(E) Minor traffic or ordinance violations,
$20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders,
$20.
(H) Motions to vacate bond forfeiture orders,
$20.
(I) Motions to vacate ex parte judgments,
whenever filed, $20.
(J) Motions to vacate judgment on forfeitures,
whenever filed, $20.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of
State, $20.
(2) In counties having a population in excess of
180,000 but not more than 500,000 inhabitants, when the
violation complaint is issued by a municipal police
department, the clerk shall be entitled to costs from
each person convicted therein as follows:
(A) Minor traffic or ordinance violations,
$10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to
receive, unless the fee is excused upon a finding by the
court that the defendant is indigent, in addition to
other fees or costs allowed or imposed by law, the sum of
$62.50 as a fee for the services of a jury. The jury fee
shall be paid by the defendant at the time of filing his
or her jury demand. If the fee is not so paid by the
defendant, no jury shall be called, and the case shall be
tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the
clerk shall be entitled to the same fee as if it were the
commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change
of venue, the clerk shall be entitled to the same fee as
if it were the commencement of a new suit.
(2) The fee for the preparation and certification
of a record on a change of venue to another jurisdiction,
when original documents are forwarded, $25.
(z) Tax objection complaints.
For each tax objection complaint containing one or
more tax objections, regardless of the number of parcels
involved or the number of taxpayers joining on the
complaint, $25.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, $150.
(2) For each additional parcel, add a fee of $50.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, a sum equal to 2.5% of the amount
collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, $25.
(4) In child support and maintenance cases, the
clerk, if authorized by an ordinance of the county board,
may collect an annual fee of up to $36 from the person
making payment for maintaining child support records and
the processing of support orders to the State of Illinois
KIDS system and the recording of payments issued by the
State Disbursement Unit for the official record of the
Court. This fee shall be in addition to and separate
from amounts ordered to be paid as maintenance or child
support and shall be deposited into a Separate
Maintenance and Child Support Collection Fund, of which
the clerk shall be the custodian, ex-officio, to be used
by the clerk to maintain child support orders and record
all payments issued by the State Disbursement Unit for
the official record of the Court. The clerk may recover
from the person making the maintenance or child support
payment any additional cost incurred in the collection
of this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility
Law and these fees shall also be deposited into the
Separate Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by
rule of court, on any document filed in the clerk's
office, to be charged against the party that filed the
document, $15.
(dd) Exceptions.
(1) The fee requirements of this Section shall not
apply to police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means an agency of the State or a unit of local
government which is vested by law or ordinance with the
duty to maintain public order and to enforce criminal
laws or ordinances. "Law enforcement agency" also means
the Attorney General or any state's attorney.
(2) No fee provided herein shall be charged to any
unit of local government or school district.
(3) The fee requirements of this Section shall not
apply to any action instituted under subsection (b) of
Section 11-31-1 of the Illinois Municipal Code by a
private owner or tenant of real property within 1200 feet
of a dangerous or unsafe building seeking an order
compelling the owner or owners of the building to take
any of the actions authorized under that subsection.
(4) The fee requirements of this Section shall not
apply to the filing of any commitment petition or
petition for an order authorizing the administration of
authorized involuntary treatment in the form of
medication under the Mental Health and Developmental
Disabilities Code.
(ee) Adoptions.
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding.
(Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)
(705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
Sec. 27.2. The fees of the clerks of the circuit court
in all counties having a population in excess of 500,000
inhabitants but less than 3,000,000 inhabitants in the
instances described in this Section shall be as provided in
this Section. In those instances where a minimum and maximum
fee is stated, counties with more than 500,000 inhabitants
but less than 3,000,000 inhabitants must charge the minimum
fee listed in this Section and may charge up to the maximum
fee if the county board has by resolution increased the fee.
In addition, the minimum fees authorized in this Section
shall apply to all units of local government and school
districts in counties with more than 3,000,000 inhabitants.
The fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following
exceptions, shall be a minimum of $150 and a maximum of
$190.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed
$250, a minimum of $10 and a maximum of $15.
(B) When that amount exceeds $250 but does not
exceed $1,000, a minimum of $20 and a maximum of
$40.
(C) When that amount exceeds $1,000 but does
not exceed $2500, a minimum of $30 and a maximum of
$50.
(D) When that amount exceeds $2500 but does
not exceed $5,000, a minimum of $75 and a maximum of
$100.
(D-5) When the amount exceeds $5,000 but does
not exceed $15,000, a minimum of $75 and a maximum
of $150.
(E) For the exercise of eminent domain, $150.
For each additional lot or tract of land or right or
interest therein subject to be condemned, the
damages in respect to which shall require separate
assessment by a jury, $150.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her
claim for possession of the property a claim for rent or
damages or both in the amount of $15,000 or less, a
minimum of $40 and a maximum of $75. When the plaintiff
unites his or her claim for possession with a claim for
rent or damages or both exceeding $15,000, a minimum of
$150 and a maximum of $225.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of
his or her answer or otherwise or joins another party as
a third party defendant, or both, the defendant shall pay
a fee for each counterclaim or third party action in an
amount equal to the fee he or she would have had to pay
had he or she brought a separate action for the relief
sought in the counterclaim or against the third party
defendant, less the amount of the appearance fee, if that
has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, a minimum of $50 and a maximum of $60.
When the amount exceeds $1500, but does not exceed
$5,000, $75. When the amount exceeds $5,000, but does not
exceed $15,000, $175. When the amount exceeds $15,000, a
minimum of $200 and a maximum of $250.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be a minimum of $50 and a maximum of $75, except as
follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, a minimum of
$20 and a maximum of $40.
(B) When the amount in the case does not
exceed $1500, a minimum of $20 and a maximum of $40.
(C) When the amount in the case exceeds $1500
but does not exceed $15,000, a minimum of $40 and a
maximum of $60.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, a minimum of $10 and a maximum of $15; when the
amount exceeds $1,000 but does not exceed $5,000, a
minimum of $20 and a maximum of $30; and when the amount
exceeds $5,000, a minimum of $30 and a maximum of $50.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment
or order of court, except in forcible entry and detainer
cases and small claims cases or a petition to reopen an
estate, to modify, terminate, or enforce a judgment or
order for child or spousal support, or to modify,
suspend, or terminate an order for withholding, if filed
before 30 days after the entry of the judgment or order,
a minimum of $40 and a maximum of $50.
(2) Petition to vacate or modify any final judgment
or order of court, except a petition to modify,
terminate, or enforce a judgment or order for child or
spousal support or to modify, suspend, or terminate an
order for withholding, if filed later than 30 days after
the entry of the judgment or order, a minimum of $60 and
a maximum of $75.
(3) Petition to vacate order of bond forfeiture, a
minimum of $20 and a maximum of $40.
(h) Mailing.
When the clerk is required to mail, the fee will be
a minimum of $6 and a maximum of $10, plus the cost of
postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer
cases, a minimum of $10 and a maximum of $15.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, a
minimum of $80 and a maximum of $125.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in
writing with the seal of office, a minimum of $4 and a
maximum of $6.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, a
minimum of $50 and a maximum of $75.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, a
minimum of $120 and a maximum of $150.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of a minimum
of 20 and a maximum of 25 cents per page.
(5) For reproduction of any document contained in
the clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the
clerk shall file the remanding order and reinstate the
case with either its original number or a new number. The
Clerk shall not charge any new or additional fee for the
reinstatement. Upon reinstatement the Clerk shall advise
the parties of the reinstatement. A party shall have the
same right to a jury trial on remand and reinstatement as
he or she had before the appeal, and no additional or new
fee or charge shall be made for a jury trial after
remand.
(m) Record Search.
For each record search, within a division or
municipal district, the clerk shall be entitled to a
search fee of a minimum of $4 and a maximum of $6 for
each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk
shall be entitled to a fee of a minimum of $4 and a
maximum of $6.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record
inquiry when this request is made in person and the
records are maintained in a current automated medium, and
when no hard copy print output is requested. The fees to
be charged for management records, multiple case records,
and multiple journal records may be specified by the
Chief Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) (Blank). Commitment Petitions.
For filing commitment petitions under the Mental
Health and Developmental Disabilities Code, a minimum of
$25 and a maximum of $50.
(q) Alias Summons.
For each alias summons or citation issued by the
clerk, a minimum of $4 and a maximum of $5.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with
the approval of the Administrative Office of the Illinois
Courts.
The clerk of the circuit court may provide
additional services for which there is no fee specified
by statute in connection with the operation of the
clerk's office as may be requested by the public and
agreed to by the clerk and approved by the chief judge of
the circuit court. Any charges for additional services
shall be as agreed to between the clerk and the party
making the request and approved by the chief judge of the
circuit court. Nothing in this subsection shall be
construed to require any clerk to provide any service not
otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition
to other fees allowed by law, the sum of a minimum of
$192.50 and a maximum of $212.50, as a fee for the
services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every
other action wherein the right of trial by jury is or may
be given by law. The jury fee shall be paid by the party
demanding a jury at the time of filing the jury demand.
If the fee is not paid by either party, no jury shall be
called in the action or proceeding, and the same shall be
tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, a
minimum of $10 and a maximum of $20; for recording the
same, a minimum of 25¢ and a maximum of 50¢ for each 100
words. Exceptions filed to claims presented to an
assignee of a debtor who has made a voluntary assignment
for the benefit of creditors shall be considered and
treated, for the purpose of taxing costs therein, as
actions in which the party or parties filing the
exceptions shall be considered as party or parties
plaintiff, and the claimant or claimants as party or
parties defendant, and those parties respectively shall
pay to the clerk the same fees as provided by this
Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of a
minimum of $30 and a maximum of $60 for each expungement
petition filed and an additional fee of a minimum of $2
and a maximum of $4 for each certified copy of an order
to expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified
in this subsection (v), which shall be paid in advance,
except that, for good cause shown, the court may suspend,
reduce, or release the costs payable under this
subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person, a
minimum of $100 and a maximum of $150, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a
minimum of $25 and a maximum of $40.
(B) When (i) proof of heirship alone is made,
(ii) a domestic or foreign will is admitted to
probate without administration (including proof of
heirship), or (iii) letters of office are issued for
a particular purpose without administration of the
estate, the fee shall be a minimum of $25 and a
maximum of $40.
(2) For administration of the estate of a ward, a
minimum of $50 and a maximum of $75, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a
minimum of $25 and a maximum of $40.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the
estate or (ii) letters of office are issued in the
estate of a ward without administration of the
estate, including filing or joining in the filing of
a tax return or releasing a mortgage or consenting
to the marriage of the ward, the fee shall be a
minimum of $10 and a maximum of $20.
(3) In addition to the fees payable under
subsection (v)(1) or (v)(2) of this Section, the
following fees are payable:
(A) For each account (other than one final
account) filed in the estate of a decedent, or ward,
a minimum of $15 and a maximum of $25.
(B) For filing a claim in an estate when the
amount claimed is $150 or more but less than $500, a
minimum of $10 and a maximum of $20; when the amount
claimed is $500 or more but less than $10,000, a
minimum of $25 and a maximum of $40; when the amount
claimed is $10,000 or more, a minimum of $40 and a
maximum of $60; provided that the court in allowing
a claim may add to the amount allowed the filing fee
paid by the claimant.
(C) For filing in an estate a claim, petition,
or supplemental proceeding based upon an action
seeking equitable relief including the construction
or contest of a will, enforcement of a contract to
make a will, and proceedings involving testamentary
trusts or the appointment of testamentary trustees,
a minimum of $40 and a maximum of $60.
(D) For filing in an estate (i) the appearance
of any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad
litem, or special administrator, no fee.
(E) Except as provided in subsection
(v)(3)(D), for filing the appearance of any person
or persons, a minimum of $10 and a maximum of $30.
(F) For each jury demand, a minimum of $102.50
and a maximum of $137.50.
(G) For disposition of the collection of a
judgment or settlement of an action or claim for
wrongful death of a decedent or of any cause of
action of a ward, when there is no other
administration of the estate, a minimum of $30 and a
maximum of $50, less any amount paid under
subsection (v)(1)(B) or (v)(2)(B) except that if the
amount involved does not exceed $5,000, the fee,
including any amount paid under subsection (v)(1)(B)
or (v)(2)(B), shall be a minimum of $10 and a
maximum of $20.
(H) For each certified copy of letters of
office, of court order or other certification, a
minimum of $1 and a maximum of $2, plus a minimum of
50¢ and a maximum of $1 per page in excess of 3
pages for the document certified.
(I) For each exemplification, a minimum of $1
and a maximum of $2, plus the fee for certification.
(4) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay the cost of publication by the clerk
directly to the newspaper.
(5) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fee shall pay the same directly to the
person entitled thereto.
(6) The executor, administrator, guardian,
petitioner, or other interested person or his attorney
shall pay to the clerk all postage charges incurred by
the clerk in mailing petitions, orders, notices, or other
documents pursuant to the provisions of the Probate Act
of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, a minimum of $80 and a
maximum of $125.
(B) Misdemeanor complaints, a minimum of $50
and a maximum of $75.
(C) Business offense complaints, a minimum of
$50 and a maximum of $75.
(D) Petty offense complaints, a minimum of $50
and a maximum of $75.
(E) Minor traffic or ordinance violations,
$20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders, a
minimum of $20 and a maximum of $40.
(H) Motions to vacate bond forfeiture orders,
a minimum of $20 and a maximum of $30.
(I) Motions to vacate ex parte judgments,
whenever filed, a minimum of $20 and a maximum of
$30.
(J) Motions to vacate judgment on forfeitures,
whenever filed, a minimum of $20 and a maximum of
$25.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of
State, a minimum of $20 and a maximum of $40.
(2) In counties having a population of more than
500,000 but fewer than 3,000,000 inhabitants, when the
violation complaint is issued by a municipal police
department, the clerk shall be entitled to costs from
each person convicted therein as follows:
(A) Minor traffic or ordinance violations,
$10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to
receive, unless the fee is excused upon a finding by the
court that the defendant is indigent, in addition to
other fees or costs allowed or imposed by law, the sum of
a minimum of $50 and a maximum of $112.50 as a fee for
the services of a jury. The jury fee shall be paid by
the defendant at the time of filing his or her jury
demand. If the fee is not so paid by the defendant, no
jury shall be called, and the case shall be tried by the
court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the
clerk shall be entitled to the same fee as if it were the
commencement of new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change
of venue, the clerk shall be entitled to the same fee as
if it were the commencement of a new suit.
(2) The fee for the preparation and certification
of a record on a change of venue to another jurisdiction,
when original documents are forwarded, a minimum of $25
and a maximum of $40.
(z) Tax objection complaints.
For each tax objection complaint containing one or
more tax objections, regardless of the number of parcels
involved or the number of taxpayers joining in the
complaint, a minimum of $25 and a maximum of $50.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, a minimum of $150 and a maximum of $250.
(2) For each additional parcel, add a fee of a
minimum of $50 and a maximum of $100.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, a sum equal to a minimum of 2.5% and a
maximum of 3.0% of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, $25.
(4) In child support and maintenance cases, the
clerk, if authorized by an ordinance of the county board,
may collect an annual fee of up to $36 from the person
making payment for maintaining child support records and
the processing of support orders to the State of Illinois
KIDS system and the recording of payments issued by the
State Disbursement Unit for the official record of the
Court. This fee shall be in addition to and separate from
amounts ordered to be paid as maintenance or child
support and shall be deposited into a Separate
Maintenance and Child Support Collection Fund, of which
the clerk shall be the custodian, ex-officio, to be used
by the clerk to maintain child support orders and record
all payments issued by the State Disbursement Unit for
the official record of the Court. The clerk may recover
from the person making the maintenance or child support
payment any additional cost incurred in the collection of
this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility
Law and these fees shall also be deposited into the
Separate Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by
rule of court, on any document filed in the clerk's
office, to be charged against the party that filed the
document, a minimum of $15 and a maximum of $25.
(dd) Exceptions.
The fee requirements of this Section shall not apply
to police departments or other law enforcement agencies.
In this Section, "law enforcement agency" means an agency
of the State or a unit of local government which is
vested by law or ordinance with the duty to maintain
public order and to enforce criminal laws or ordinances.
"Law enforcement agency" also means the Attorney General
or any state's attorney. The fee requirements of this
Section shall not apply to any action instituted under
subsection (b) of Section 11-31-1 of the Illinois
Municipal Code by a private owner or tenant of real
property within 1200 feet of a dangerous or unsafe
building seeking an order compelling the owner or owners
of the building to take any of the actions authorized
under that subsection.
The fee requirements of this Section shall not apply
to the filing of any commitment petition or petition for
an order authorizing the administration of authorized
involuntary treatment in the form of medication under the
Mental Health and Developmental Disabilities Code.
(ee) Adoptions.
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding.
(Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)
(705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
Sec. 27.2a. The fees of the clerks of the circuit court
in all counties having a population of 3,000,000 or more
inhabitants in the instances described in this Section shall
be as provided in this Section. In those instances where a
minimum and maximum fee is stated, the clerk of the circuit
court must charge the minimum fee listed and may charge up to
the maximum fee if the county board has by resolution
increased the fee. The fees shall be paid in advance and
shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following
exceptions, shall be a minimum of $190 and a maximum of
$240.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed
$250, a minimum of $15 and a maximum of $22.
(B) When that amount exceeds $250 but does not
exceed $1000, a minimum of $40 and a maximum of $75.
(C) When that amount exceeds $1000 but does
not exceed $2500, a minimum of $50 and a maximum of
$80.
(D) When that amount exceeds $2500 but does
not exceed $5000, a minimum of $100 and a maximum of
$130.
(E) When that amount exceeds $5000 but does
not exceed $15,000, $150.
(F) For the exercise of eminent domain, $150.
For each additional lot or tract of land or right or
interest therein subject to be condemned, the
damages in respect to which shall require separate
assessment by a jury, $150.
(G) For the final determination of parking,
standing, and compliance violations and final
administrative decisions issued after hearings
regarding vehicle immobilization and impoundment
made pursuant to Sections 3-704.1, 6-306.5, and
11-208.3 of the Illinois Vehicle Code, $25.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her
claim for possession of the property a claim for rent or
damages or both in the amount of $15,000 or less, a
minimum of $75 and a maximum of $140. When the plaintiff
unites his or her claim for possession with a claim for
rent or damages or both exceeding $15,000, a minimum of
$225 and a maximum of $335.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of
his or her answer or otherwise or joins another party as
a third party defendant, or both, the defendant shall pay
a fee for each counterclaim or third party action in an
amount equal to the fee he or she would have had to pay
had he or she brought a separate action for the relief
sought in the counterclaim or against the third party
defendant, less the amount of the appearance fee, if that
has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, a minimum of $60 and a maximum of $70.
When the amount exceeds $1500, but does not exceed $5000,
a minimum of $75 and a maximum of $150. When the amount
exceeds $5000, but does not exceed $15,000, a minimum of
$175 and a maximum of $260. When the amount exceeds
$15,000, a minimum of $250 and a maximum of $310.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be a minimum of $75 and a maximum of $110, except
as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, a minimum of
$40 and a maximum of $80.
(B) When the amount in the case does not
exceed $1500, a minimum of $40 and a maximum of $80.
(C) When that amount exceeds $1500 but does
not exceed $15,000, a minimum of $60 and a maximum
of $90.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, a minimum of $15 and a maximum of $25; when the
amount exceeds $1,000 but does not exceed $5,000, a
minimum of $30 and a maximum of $45; and when the amount
exceeds $5,000, a minimum of $50 and a maximum of $80.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment
or order of court, except in forcible entry and detainer
cases and small claims cases or a petition to reopen an
estate, to modify, terminate, or enforce a judgment or
order for child or spousal support, or to modify,
suspend, or terminate an order for withholding, if filed
before 30 days after the entry of the judgment or order,
a minimum of $50 and a maximum of $60.
(2) Petition to vacate or modify any final judgment
or order of court, except a petition to modify,
terminate, or enforce a judgment or order for child or
spousal support or to modify, suspend, or terminate an
order for withholding, if filed later than 30 days after
the entry of the judgment or order, a minimum of $75 and
a maximum of $90.
(3) Petition to vacate order of bond forfeiture, a
minimum of $40 and a maximum of $80.
(h) Mailing.
When the clerk is required to mail, the fee will be
a minimum of $10 and a maximum of $15, plus the cost of
postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer
cases, a minimum of $15 and a maximum of $20.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, a
minimum of $125 and a maximum of $190.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in
writing with the seal of office, a minimum of $6 and a
maximum of $9.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, a
minimum of $75 and a maximum of $110.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, a
minimum of $150 and a maximum of $185.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of a minimum
of 25 and a maximum of 30 cents per page.
(5) For reproduction of any document contained in
the clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the
clerk shall file the remanding order and reinstate the
case with either its original number or a new number.
The Clerk shall not charge any new or additional fee for
the reinstatement. Upon reinstatement the Clerk shall
advise the parties of the reinstatement. A party shall
have the same right to a jury trial on remand and
reinstatement as he or she had before the appeal, and no
additional or new fee or charge shall be made for a jury
trial after remand.
(m) Record Search.
For each record search, within a division or
municipal district, the clerk shall be entitled to a
search fee of a minimum of $6 and a maximum of $9 for
each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk
shall be entitled to a fee of a minimum of $6 and a
maximum of $9.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record
inquiry when this request is made in person and the
records are maintained in a current automated medium, and
when no hard copy print output is requested. The fees to
be charged for management records, multiple case records,
and multiple journal records may be specified by the
Chief Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) (Blank). Commitment Petitions.
For filing commitment petitions under the Mental
Health and Developmental Disabilities Code, a minimum of
$50 and a maximum of $100.
(q) Alias Summons.
For each alias summons or citation issued by the
clerk, a minimum of $5 and a maximum of $6.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with
the approval of the Administrative Office of the Illinois
Courts.
The clerk of the circuit court may provide
additional services for which there is no fee specified
by statute in connection with the operation of the
clerk's office as may be requested by the public and
agreed to by the clerk and approved by the chief judge of
the circuit court. Any charges for additional services
shall be as agreed to between the clerk and the party
making the request and approved by the chief judge of the
circuit court. Nothing in this subsection shall be
construed to require any clerk to provide any service not
otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition
to other fees allowed by law, the sum of a minimum of
$212.50 and maximum of $230, as a fee for the services of
a jury in every civil action not quasi-criminal in its
nature and not a proceeding for the exercise of the right
of eminent domain and in every other action wherein the
right of trial by jury is or may be given by law. The
jury fee shall be paid by the party demanding a jury at
the time of filing the jury demand. If the fee is not
paid by either party, no jury shall be called in the
action or proceeding, and the same shall be tried by the
court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, a
minimum of $20 and a maximum of $40; for recording the
same, a minimum of 50¢ and a maximum of $0.80 for each
100 words. Exceptions filed to claims presented to an
assignee of a debtor who has made a voluntary assignment
for the benefit of creditors shall be considered and
treated, for the purpose of taxing costs therein, as
actions in which the party or parties filing the
exceptions shall be considered as party or parties
plaintiff, and the claimant or claimants as party or
parties defendant, and those parties respectively shall
pay to the clerk the same fees as provided by this
Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of a
minimum of $60 and a maximum of $120 for each expungement
petition filed and an additional fee of a minimum of $4
and a maximum of $8 for each certified copy of an order
to expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified
in this subsection (v), which shall be paid in advance,
except that, for good cause shown, the court may suspend,
reduce, or release the costs payable under this
subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person, a
minimum of $150 and a maximum of $225, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a
minimum of $40 and a maximum of $65.
(B) When (i) proof of heirship alone is made,
(ii) a domestic or foreign will is admitted to
probate without administration (including proof of
heirship), or (iii) letters of office are issued for
a particular purpose without administration of the
estate, the fee shall be a minimum of $40 and a
maximum of $65.
(2) For administration of the estate of a ward, a
minimum of $75 and a maximum of $110, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a
minimum of $40 and a maximum of $65.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the
estate or (ii) letters of office are issued in the
estate of a ward without administration of the
estate, including filing or joining in the filing of
a tax return or releasing a mortgage or consenting
to the marriage of the ward, the fee shall be a
minimum of $20 and a maximum of $40.
(3) In addition to the fees payable under
subsection (v)(1) or (v)(2) of this Section, the
following fees are payable:
(A) For each account (other than one final
account) filed in the estate of a decedent, or ward,
a minimum of $25 and a maximum of $40.
(B) For filing a claim in an estate when the
amount claimed is $150 or more but less than $500, a
minimum of $20 and a maximum of $40; when the amount
claimed is $500 or more but less than $10,000, a
minimum of $40 and a maximum of $65; when the amount
claimed is $10,000 or more, a minimum of $60 and a
maximum of $90; provided that the court in allowing
a claim may add to the amount allowed the filing fee
paid by the claimant.
(C) For filing in an estate a claim, petition,
or supplemental proceeding based upon an action
seeking equitable relief including the construction
or contest of a will, enforcement of a contract to
make a will, and proceedings involving testamentary
trusts or the appointment of testamentary trustees,
a minimum of $60 and a maximum of $90.
(D) For filing in an estate (i) the appearance
of any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad
litem, or special administrator, no fee.
(E) Except as provided in subsection
(v)(3)(D), for filing the appearance of any person
or persons, a minimum of $30 and a maximum of $90.
(F) For each jury demand, a minimum of $137.50
and a maximum of $180.
(G) For disposition of the collection of a
judgment or settlement of an action or claim for
wrongful death of a decedent or of any cause of
action of a ward, when there is no other
administration of the estate, a minimum of $50 and a
maximum of $80, less any amount paid under
subsection (v)(1)(B) or (v)(2)(B) except that if the
amount involved does not exceed $5,000, the fee,
including any amount paid under subsection (v)(1)(B)
or (v)(2)(B), shall be a minimum of $20 and a
maximum of $40.
(H) For each certified copy of letters of
office, of court order or other certification, a
minimum of $2 and a maximum of $4, plus $1 per page
in excess of 3 pages for the document certified.
(I) For each exemplification, $2, plus the fee
for certification.
(4) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay the cost of publication by the clerk
directly to the newspaper.
(5) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fee shall pay the same directly to the
person entitled thereto.
(6) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay to the clerk all postage charges
incurred by the clerk in mailing petitions, orders,
notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, a minimum of $125 and a
maximum of $190.
(B) Misdemeanor complaints, a minimum of $75
and a maximum of $110.
(C) Business offense complaints, a minimum of
$75 and a maximum of $110.
(D) Petty offense complaints, a minimum of $75
and a maximum of $110.
(E) Minor traffic or ordinance violations,
$30.
(F) When court appearance required, $50.
(G) Motions to vacate or amend final orders, a
minimum of $40 and a maximum of $80.
(H) Motions to vacate bond forfeiture orders,
a minimum of $30 and a maximum of $45.
(I) Motions to vacate ex parte judgments,
whenever filed, a minimum of $30 and a maximum of
$45.
(J) Motions to vacate judgment on forfeitures,
whenever filed, a minimum of $25 and a maximum of
$30.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of
State, a minimum of $40 and a maximum of $50.
(2) In counties having a population of 3,000,000 or
more, when the violation complaint is issued by a
municipal police department, the clerk shall be entitled
to costs from each person convicted therein as follows:
(A) Minor traffic or ordinance violations,
$30.
(B) When court appearance required, $50.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to
receive, unless the fee is excused upon a finding by the
court that the defendant is indigent, in addition to
other fees or costs allowed or imposed by law, the sum of
a minimum of $112.50 and a maximum of $250 as a fee for
the services of a jury. The jury fee shall be paid by
the defendant at the time of filing his or her jury
demand. If the fee is not so paid by the defendant, no
jury shall be called, and the case shall be tried by the
court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the
clerk shall be entitled to the same fee as if it were the
commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change
of venue, the clerk shall be entitled to the same fee as
if it were the commencement of a new suit.
(2) The fee for the preparation and certification
of a record on a change of venue to another jurisdiction,
when original documents are forwarded, a minimum of $40
and a maximum of $65.
(z) Tax objection complaints.
For each tax objection complaint containing one or
more tax objections, regardless of the number of parcels
involved or the number of taxpayers joining in the
complaint, a minimum of $50 and a maximum of $100.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, a minimum of $250 and a maximum of $400.
(2) For each additional parcel, add a fee of a
minimum of $100 and a maximum of $200.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, a sum equal to 3.0% of the amount
collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, $25.
(4) In child support and maintenance cases, the
clerk, if authorized by an ordinance of the county board,
may collect an annual fee of up to $36 from the person
making payment for maintaining child support records and
the processing of support orders to the State of Illinois
KIDS system and the recording of payments issued by the
State Disbursement Unit for the official record of the
Court. This fee shall be in addition to and separate
from amounts ordered to be paid as maintenance or child
support and shall be deposited into a Separate
Maintenance and Child Support Collection Fund, of which
the clerk shall be the custodian, ex-officio, to be used
by the clerk to maintain child support orders and record
all payments issued by the State Disbursement Unit for
the official record of the Court. The clerk may recover
from the person making the maintenance or child support
payment any additional cost incurred in the collection of
this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility
Law and these fees shall also be deposited into the
Separate Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by
rule of court, on any document filed in the clerk's
office, to be charged against the party that filed the
document, a minimum of $25 and a maximum of $40.
(dd) Exceptions.
(1) The fee requirements of this Section shall not
apply to police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means an agency of the State or a unit of local
government which is vested by law or ordinance with the
duty to maintain public order and to enforce criminal
laws or ordinances. "Law enforcement agency" also means
the Attorney General or any state's attorney.
(2) No fee provided herein shall be charged to any
unit of local government or school district. The fee
requirements of this Section shall not apply to any
action instituted under subsection (b) of Section 11-31-1
of the Illinois Municipal Code by a private owner or
tenant of real property within 1200 feet of a dangerous
or unsafe building seeking an order compelling the owner
or owners of the building to take any of the actions
authorized under that subsection.
(3) The fee requirements of this Section shall not
apply to the filing of any commitment petition or
petition for an order authorizing the administration of
authorized involuntary treatment in the form of
medication under the Mental Health and Developmental
Disabilities Code.
(ee) Adoption.
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding.
(Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
91-821, eff. 6-13-00; 92-521, eff. 6-1-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.