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91_HB1964enr HB1964 Enrolled LRB9102932LDmb 1 AN ACT in relation to juries, amending certain named 2 Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Counties Code is amended by changing 6 Section 4-11001 as follows: 7 (55 ILCS 5/4-11001) (from Ch. 34, par. 4-11001) 8 Sec. 4-11001. Juror fees.Per diem and mileage.Each 9 county shall pay to grand and petit jurors for their services 10 in attending courts the sum of $4 for each day of necessary 11 attendance at such courts as jurors in counties of the first 12 class, the sum of $5 for each day in counties of the second 13 class, and the sum of $10 for each day in counties of the 14 third class, or such higher amount as may be fixed by the 15 county board.In all counties, the county board may fix16jurors fees at an amount not to exceed $15.50 for each day's17service.18 In addition, jurors shall receive such travel expense as 19 may be determined by the county board, provided that jurors 20 in counties of the first class and second class shall receive 21 at least 10 cents per mile for their travel expense.The pay22and travel expense shall be paid out of the county treasury.23 Mileage shall be allowed for travel during a juror's term as 24 well as for travel at the opening and closing of his term. 25 If a judge so orders, a juror shall also receive 26 reimbursement for the actual cost of day care incurred by the 27 juror during his or her service on a jury. 28 The juror fees for service, transportation, and day care 29 shall be paid out of the county treasury. 30 The clerk of the court shall furnish to each juror 31 without fee whenever he is discharged a certificate of the HB1964 Enrolled -2- LRB9102932LDmb 1 number of days' attendance at court, and upon presentation 2 thereof to the county treasurer, he shall pay to the juror 3 the sum provided for his service. 4 (Source: P.A. 86-962.) 5 Section 10. The Clerks of Courts Act is amended by 6 changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows: 7 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1) 8 Sec. 27.1. The fees of the Clerk of the Circuit Court in 9 all counties having a population of 180,000 inhabitants or 10 less shall be paid in advance, except as otherwise provided, 11 and shall be as follows: 12 (a) Civil Cases 13 (1) All civil cases except as otherwise 14 provided........................................... $40 15 (2) Judicial Sales (except Probate).......... $40 16 (b) Family 17 (1) Commitment petitions under the Mental 18 Health and Developmental Disabilities Code, filing 19 transcript of commitment proceedings held in 20 another county, and cases under the Juvenile Court 21 Act of 1987........................................ $25 22 (2) Petition for Marriage Licenses........... $10 23 (3) Marriages in Court....................... $10 24 (4) Paternity................................ $40 25 (c) Criminal and Quasi-Criminal 26 (1) Each person convicted of a felony........ $40 27 (2) Each person convicted of a misdemeanor, 28 leaving scene of an accident, driving while 29 intoxicated, reckless driving or drag racing, 30 driving when license revoked or suspended, 31 overweight, or no interstate commerce certificate, 32 or when the disposition is court supervision....... $25 HB1964 Enrolled -3- LRB9102932LDmb 1 (3) Each person convicted of a business 2 offense............................................ $25 3 (4) Each person convicted of a petty offense. $25 4 (5) Minor traffic, conservation, or 5 ordinance violation, including 6 without limitation when the disposition is 7 court supervision: 8 (i) For each offense.................... $10 9 (ii) For each notice sent to the 10 defendant's last known address pursuant to 11 subsection (c) of Section 6-306.4 of the Illinois 12 Vehicle Code....................................... $2 13 (iii) For each notice sent to the 14 Secretary of State pursuant to subsection (c) of 15 Section 6-306.4 of the Illinois Vehicle Code....... $2 16 (6) When Court Appearance required........... $15 17 (7) Motions to vacate or amend final orders.. $10 18 (8) In ordinance violation cases punishable 19 by fine only, the clerk of the circuit court shall 20 be entitled to receive, unless the fee is excused 21 upon a finding by the court that the defendant is 22 indigent, in addition to other fees or costs 23 allowed or imposed by law, the sum of $62.50$50as 24 a fee for the services of a jury. The jury fee 25 shall be paid by the defendant at the time of 26 filing his or her jury demand. If the fee is not 27 so paid by the defendant, no jury shall be called, 28 and the case shall be tried by the court without a 29 jury. 30 (d) Other Civil Cases 31 (1) Money or personal property claimed does 32 not exceed $500.................................... $10 33 (2) Exceeds $500 but not more than $10,000... $25 34 (3) Exceeds $10,000, when relief in addition HB1964 Enrolled -4- LRB9102932LDmb 1 to or supplemental to recovery of money alone is 2 sought in an action to recover personal property 3 taxes or retailers occupational tax regardless of 4 amount claimed..................................... $45 5 (4) The Clerk of the Circuit Court shall be 6 entitled to receive, in addition to other fees 7 allowed by law, the sum of $62.50$50, as a fee for 8 the services of a jury in every civil action not 9 quasi-criminal in its nature and not a proceeding 10 for the exercise of the right of eminent domain, 11 and in every equitable action wherein the right of 12 trial by jury is or may be given by law. The jury 13 fee shall be paid by the party demanding a jury at 14 the time of filing his jury demand. If such a fee 15 is not paid by either party, no jury shall be 16 called in the action, suit, or proceeding, and the 17 same shall be tried by the court without a jury. 18 (e) Confession of judgment and answer 19 (1) When the amount does not exceed $1,000... $20 20 (2) Exceeds $1,000........................... $40 21 (f) Auxiliary Proceedings 22 Any auxiliary proceeding relating to the 23 collection of a money judgment, including 24 garnishment, citation, or wage deduction action.... $5 25 (g) Forcible entry and detainer 26 (1) For possession only or possession and 27 rent not in excess of $10,000...................... $10 28 (2) For possession and rent in excess of 29 $10,000............................................ $40 30 (h) Eminent Domain 31 (1) Exercise of Eminent Domain............... $45 32 (2) For each and every lot or tract of land 33 or right or interest therein subject to be 34 condemned, the damages in respect to which shall HB1964 Enrolled -5- LRB9102932LDmb 1 require separate assessments by a jury............. $45 2 (i) Reinstatement 3 Each case including petition for modification 4 of a judgment or order of Court if filed later than 5 30 days after the entry of a judgment or order, 6 except in forcible entry and detainer cases and 7 small claims and except a petition to modify, 8 terminate, or enforce a judgement or order for 9 child or spousal support or to modify, suspend, or 10 terminate an order for withholding, petition to 11 vacate judgment of dismissal for want of 12 prosecution whenever filed, petition to reopen an 13 estate, or redocketing of any cause................ $20 14 (j) Probate 15 (1) Administration of decedent's estates, 16 whether testate or intestate, guardianships of the 17 person or estate or both of a person under legal 18 disability, guardianships of the person or estate 19 or both of a minor or minors, or petitions to sell 20 real estate in the administration of any estate.... $50 21 (2) Small estates in cases where the real and 22 personal property of an estate does not exceed 23 $5,000............................................. $25 24 (3) At any time during the administration of 25 the estate, however, at the request of the Clerk, 26 the Court shall examine the record of the estate 27 and the personal representative to determine the 28 total value of the real and personal property of 29 the estate, and if such value exceeds $5,000 shall 30 order the payment of an additional fee in the 31 amount of.......................................... $40 32 (4) Inheritance tax proceedings.............. $15 33 (5) Issuing letters only for a certain 34 specific reason other than the administration of an HB1964 Enrolled -6- LRB9102932LDmb 1 estate, including but not limited to the release of 2 mortgage; the issue of letters of guardianship in 3 order that consent to marriage may be granted or 4 for some other specific reason other than for the 5 care of property or person; proof of heirship 6 without administration; or when a will is to be 7 admitted to probate, but the estate is to be 8 settled without administration..................... $10 9 (6) When a separate complaint relating to any 10 matter other than a routine claim is filed in an 11 estate, the required additional fee shall be 12 charged for such filing............................ $45 13 (k) Change of Venue 14 From a court, the charge is the same amount as 15 the original filing fee; however, the fee for 16 preparation and certification of record on change 17 of venue, when original documents or copies are 18 forwarded.......................................... $10 19 (l) Answer, adverse pleading, or appearance 20 In civil cases.......... $15 21 With the following exceptions: 22 (1) When the amount does not exceed $500..... $5 23 (2) When amount exceeds $500 but not $10,000. $10 24 (3) When amount exceeds $10,000.............. $15 25 (4) Court appeals when documents are 26 forwarded, over 200 pages, additional fee per page 27 over 200........................................... 10¢ 28 (m) Tax objection complaints 29 For each tax objection complaint containing 30 one or more tax objections, regardless of the 31 number of parcels involved or the number of 32 taxpayers joining the complaint.................... $10 33 (n) Tax deed 34 (1) Petition for tax deed, if only one parcel HB1964 Enrolled -7- LRB9102932LDmb 1 is involved........................................ $45 2 (2) For each additional parcel involved, an 3 additional fee of.................................. $10 4 (o) Mailing Notices and Processes 5 (1) All notices that the clerk is required to 6 mail as first class mail........................... $2 7 (2) For all processes or notices the Clerk is 8 required to mail by certified or registered mail, 9 the fee will be $2 plus cost of postage. 10 (p) Certification or Authentication 11 (1) Each certification or authentication for 12 taking the acknowledgement of a deed or other 13 instrument in writing with seal of office.......... $2 14 (2) Court appeals when original documents are 15 forwarded, 100 pages or under, plus delivery costs. $25 16 (3) Court appeals when original documents are 17 forwarded, over 100 pages, plus delivery costs..... $60 18 (4) Court appeals when original documents are 19 forwarded, over 200 pages, additional fee per page 20 over 200........................................... 10¢ 21 (q) Reproductions 22 Each record of proceedings and judgment, 23 whether on appeal, change of venue, certified 24 copies of orders and judgments, and all other 25 instruments, documents, records, or papers: 26 (1) First page.......................... $1 27 (2) Next 19 pages, per page............. 50¢ 28 (3) All remaining pages, per page....... 25¢ 29 (r) Counterclaim 30 When any defendant files a counterclaim as 31 part of his or her answer or otherwise, or joins 32 another party as a third party defendant, or both, 33 he or she shall pay a fee for each such 34 counterclaim or third party action in an amount HB1964 Enrolled -8- LRB9102932LDmb 1 equal to the fee he or she would have had to pay 2 had he or she brought a separate action for the 3 relief sought in the counterclaim or against the 4 third party defendant, less the amount of the 5 appearance fee, if that has been paid. 6 (s) Transcript of Judgment 7 From a court, the same fee as if case 8 originally filed. 9 (t) Publications 10 The cost of publication shall be paid directly 11 to the publisher by the person seeking the 12 publication, whether the clerk is required by law 13 to publish, or the parties to the action. 14 (u) Collections 15 (1) For all collections made for others, 16 except the State and County and except in 17 maintenance or child support cases, a sum equal to 18 2% of the amount collected and turned over. 19 (2) In any cases remanded to the Circuit 20 Court from the Supreme Court or the Appellate 21 Court, the Clerk shall file the remanding order and 22 reinstate the case with either its original number 23 or a new number. The Clerk shall not charge any 24 new or additional fee for the reinstatement. Upon 25 reinstatement the Clerk shall advise the parties of 26 the reinstatement. A party shall have the same 27 right to a jury trial on remand and reinstatement 28 as he or she had before the appeal, and no 29 additional or new fee or charge shall be made for a 30 jury trial after remand. 31 (3) In maintenance and child support matters, 32 the Clerk may deduct from each payment an amount 33 equal to the United States postage to be used in 34 mailing the maintenance or child support check to HB1964 Enrolled -9- LRB9102932LDmb 1 the recipient. In such cases, the Clerk shall 2 collect an annual fee of up to $36 from the person 3 making such payment for administering the 4 collection and distribution of maintenance and 5 child support payments. Such sum shall be in 6 addition to and separate from amounts ordered to be 7 paid as maintenance or child support and shall be 8 deposited in a separate Maintenance and Child 9 Support Collection Fund of which the Clerk shall be 10 the custodian, ex officio, to be used by the Clerk 11 to further maintenance and child support collection 12 efforts in his office. Unless paid in cash or 13 pursuant to an order for withholding, the payment 14 of the fee shall be by a separate instrument from 15 the support payment and shall be made to the order 16 of the Clerk. The Clerk may recover from the person 17 making the maintenance or child support payment any 18 additional cost incurred in the collection of this 19 annual fee. 20 The Clerk shall also be entitled to a fee of 21 $5 for certifications made to the Secretary of 22 State as provided in Section 7-703 of the Family 23 Financial Responsibility Law and these fees shall 24 also be deposited into the Separate Maintenance and 25 Child Support Collection Fund. 26 (v) Correction of Cases 27 For correcting the case number or case title 28 on any document filed in his office, to be charged 29 against the party that filed the document.......... $10 30 (w) Record Search 31 For searching a record, per year searched..... $4 32 (x) Printed Output 33 For each page of hard copy print output, when 34 case records are maintained on an automated medium. $2 HB1964 Enrolled -10- LRB9102932LDmb 1 (y) Alias Summons 2 For each alias summons issued................. $2 3 (z) Expungement of Records 4 For each expungement petition filed........... $15 5 (aa) Other Fees 6 Any fees not covered by this Section shall be set by 7 rule or administrative order of the Circuit Court, with 8 the approval of the Supreme Court. 9 (bb) Exemptions 10 No fee provided for herein shall be charged to any 11 unit of State or local government or school district 12 unless the Court orders another party to pay such fee on 13 its behalf. The fee requirements of this Section shall 14 not apply to police departments or other law enforcement 15 agencies. In this Section, "law enforcement agency" 16 means an agency of the State or a unit of local 17 government that is vested by law or ordinance with the 18 duty to maintain public order and to enforce criminal 19 laws and ordinances. The fee requirements of this Section 20 shall not apply to any action instituted under subsection 21 (b) of Section 11-31-1 of the Illinois Municipal Code by 22 a private owner or tenant of real property within 1200 23 feet of a dangerous or unsafe building seeking an order 24 compelling the owner or owners of the building to take 25 any of the actions authorized under that subsection. 26 (cc) Adoptions 27 (1) For an adoption.............................$65 28 (2) Upon good cause shown, the court may waive the 29 adoption filing fee in a special needs adoption. The 30 term "special needs adoption" shall have the meaning 31 ascribed to it by the Illinois Department of Children and 32 Family Services. 33 (dd) Adoption exemptions 34 No fee other than that set forth in subsection (cc) HB1964 Enrolled -11- LRB9102932LDmb 1 shall be charged to any person in connection with an 2 adoption proceeding. 3 (ee) Additional Services 4 Beginning July 1, 1993, the clerk of the circuit 5 court may provide such additional services for which 6 there is no fee specified by statute in connection with 7 the operation of the clerk's office as may be requested 8 by the public and agreed to by the public and by the 9 clerk and approved by the chief judge of the circuit 10 court. Any charges for additional services shall be as 11 agreed to between the clerk and the party making the 12 request and approved by the chief judge of the circuit 13 court.Nothing in this subsection shall be as agreed to14between the clerk and the party making the request.15 Nothing in this subsection shall be construed to require 16 any clerk to provide any service not otherwise required 17 by law. 18 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 19 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; revised 20 12-31-98.) 21 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a) 22 Sec. 27.1a. The fees of the clerks of the circuit court 23 in all counties having a population in excess of 180,000 but 24 not more than 650,000 inhabitants in the instances described 25 in this Section shall be as provided in this Section. The 26 fees shall be paid in advance and shall be as follows: 27 (a) Civil Cases. 28 The fee for filing a complaint, petition, or other 29 pleading initiating a civil action, with the following 30 exceptions, shall be $150. 31 (A) When the amount of money or damages or the 32 value of personal property claimed does not exceed 33 $250, $10. HB1964 Enrolled -12- LRB9102932LDmb 1 (B) When that amount exceeds $250 but does not 2 exceed $500, $20. 3 (C) When that amount exceeds $500 but does not 4 exceed $2500, $30. 5 (D) When that amount exceeds $2500 but does 6 not exceed $15,000, $75. 7 (E) For the exercise of eminent domain, $150. 8 For each additional lot or tract of land or right or 9 interest therein subject to be condemned, the 10 damages in respect to which shall require separate 11 assessment by a jury, $150. 12 (a-1) Family. 13 For filing a petition under the Juvenile Court Act 14 of 1987, $25. 15 For filing a petition for a marriage license, $10. 16 For performing a marriage in court, $10. 17 For filing a petition under the Illinois Parentage 18 Act of 1984, $40. 19 (b) Forcible Entry and Detainer. 20 In each forcible entry and detainer case when the 21 plaintiff seeks possession only or unites with his or her 22 claim for possession of the property a claim for rent or 23 damages or both in the amount of $15,000 or less, $40. 24 When the plaintiff unites his or her claim for possession 25 with a claim for rent or damages or both exceeding 26 $15,000, $150. 27 (c) Counterclaim or Joining Third Party Defendant. 28 When any defendant files a counterclaim as part of 29 his or her answer or otherwise or joins another party as 30 a third party defendant, or both, the defendant shall pay 31 a fee for each counterclaim or third party action in an 32 amount equal to the fee he or she would have had to pay 33 had he or she brought a separate action for the relief 34 sought in the counterclaim or against the third party HB1964 Enrolled -13- LRB9102932LDmb 1 defendant, less the amount of the appearance fee, if that 2 has been paid. 3 (d) Confession of Judgment. 4 In a confession of judgment when the amount does not 5 exceed $1500, $50. When the amount exceeds $1500, but 6 does not exceed $15,000, $115. When the amount exceeds 7 $15,000, $200. 8 (e) Appearance. 9 The fee for filing an appearance in each civil case 10 shall be $50, except as follows: 11 (A) When the plaintiff in a forcible entry and 12 detainer case seeks possession only, $20. 13 (B) When the amount in the case does not 14 exceed $1500, $20. 15 (C) When that amount exceeds $1500 but does 16 not exceed $15,000, $40. 17 (f) Garnishment, Wage Deduction, and Citation. 18 In garnishment affidavit, wage deduction affidavit, 19 and citation petition when the amount does not exceed 20 $1,000, $10; when the amount exceeds $1,000 but does not 21 exceed $5,000, $20; and when the amount exceeds $5,000, 22 $30. 23 (g) Petition to Vacate or Modify. 24 (1) Petition to vacate or modify any final judgment 25 or order of court, except in forcible entry and detainer 26 cases and small claims cases or a petition to reopen an 27 estate, to modify, terminate, or enforce a judgment or 28 order for child or spousal support, or to modify, 29 suspend, or terminate an order for withholding, if filed 30 before 30 days after the entry of the judgment or order, 31 $40. 32 (2) Petition to vacate or modify any final judgment 33 or order of court, except a petition to modify, 34 terminate, or enforce a judgment or order for child or HB1964 Enrolled -14- LRB9102932LDmb 1 spousal support or to modify, suspend, or terminate an 2 order for withholding, if filed later than 30 days after 3 the entry of the judgment or order, $60. 4 (3) Petition to vacate order of bond forfeiture, 5 $20. 6 (h) Mailing. 7 When the clerk is required to mail, the fee will be 8 $6, plus the cost of postage. 9 (i) Certified Copies. 10 Each certified copy of a judgment after the first, 11 except in small claims and forcible entry and detainer 12 cases, $10. 13 (j) Habeas Corpus. 14 For filing a petition for relief by habeas corpus, 15 $80. 16 (k) Certification, Authentication, and Reproduction. 17 (1) Each certification or authentication for taking 18 the acknowledgment of a deed or other instrument in 19 writing with the seal of office, $4. 20 (2) Court appeals when original documents are 21 forwarded, under 100 pages, plus delivery and costs, $50. 22 (3) Court appeals when original documents are 23 forwarded, over 100 pages, plus delivery and costs, $120. 24 (4) Court appeals when original documents are 25 forwarded, over 200 pages, an additional fee of 20 cents 26 per page. 27 (5) For reproduction of any document contained in 28 the clerk's files: 29 (A) First page, $2. 30 (B) Next 19 pages, 50 cents per page. 31 (C) All remaining pages, 25 cents per page. 32 (l) Remands. 33 In any cases remanded to the Circuit Court from the 34 Supreme Court or the Appellate Court for a new trial, the HB1964 Enrolled -15- LRB9102932LDmb 1 clerk shall file the remanding order and reinstate the 2 case with either its original number or a new number. The 3 Clerk shall not charge any new or additional fee for the 4 reinstatement. Upon reinstatement the Clerk shall advise 5 the parties of the reinstatement. A party shall have the 6 same right to a jury trial on remand and reinstatement as 7 he or she had before the appeal, and no additional or new 8 fee or charge shall be made for a jury trial after 9 remand. 10 (m) Record Search. 11 For each record search, within a division or 12 municipal district, the clerk shall be entitled to a 13 search fee of $4 for each year searched. 14 (n) Hard Copy. 15 For each page of hard copy print output, when case 16 records are maintained on an automated medium, the clerk 17 shall be entitled to a fee of $4. 18 (o) Index Inquiry and Other Records. 19 No fee shall be charged for a single 20 plaintiff/defendant index inquiry or single case record 21 inquiry when this request is made in person and the 22 records are maintained in a current automated medium, and 23 when no hard copy print output is requested. The fees to 24 be charged for management records, multiple case records, 25 and multiple journal records may be specified by the 26 Chief Judge pursuant to the guidelines for access and 27 dissemination of information approved by the Supreme 28 Court. 29 (p) Commitment Petitions. 30 For filing commitment petitions under the Mental 31 Health and Developmental Disabilities Code and for filing 32 a transcript of commitment proceedings held in another 33 county, $25. 34 (q) Alias Summons. HB1964 Enrolled -16- LRB9102932LDmb 1 For each alias summons or citation issued by the 2 clerk, $4. 3 (r) Other Fees. 4 Any fees not covered in this Section shall be set by 5 rule or administrative order of the Circuit Court with 6 the approval of the Administrative Office of the Illinois 7 Courts. 8 The clerk of the circuit court may provide 9 additional services for which there is no fee specified 10 by statute in connection with the operation of the 11 clerk's office as may be requested by the public and 12 agreed to by the clerk and approved by the chief judge of 13 the circuit court. Any charges for additional services 14 shall be as agreed to between the clerk and the party 15 making the request and approved by the chief judge of the 16 circuit court. Nothing in this subsection shall be 17 construed to require any clerk to provide any service not 18 otherwise required by law. 19 (s) Jury Services. 20 The clerk shall be entitled to receive, in addition 21 to other fees allowed by law, the sum of $192.50$180, as 22 a fee for the services of a jury in every civil action 23 not quasi-criminal in its nature and not a proceeding for 24 the exercise of the right of eminent domain and in every 25 other action wherein the right of trial by jury is or may 26 be given by law. The jury fee shall be paid by the party 27 demanding a jury at the time of filing the jury demand. 28 If the fee is not paid by either party, no jury shall be 29 called in the action or proceeding, and the same shall be 30 tried by the court without a jury. 31 (t) Voluntary Assignment. 32 For filing each deed of voluntary assignment, $10; 33 for recording the same, 25¢ for each 100 words. 34 Exceptions filed to claims presented to an assignee of a HB1964 Enrolled -17- LRB9102932LDmb 1 debtor who has made a voluntary assignment for the 2 benefit of creditors shall be considered and treated, for 3 the purpose of taxing costs therein, as actions in which 4 the party or parties filing the exceptions shall be 5 considered as party or parties plaintiff, and the 6 claimant or claimants as party or parties defendant, and 7 those parties respectively shall pay to the clerk the 8 same fees as provided by this Section to be paid in other 9 actions. 10 (u) Expungement Petition. 11 The clerk shall be entitled to receive a fee of $30 12 for each expungement petition filed and an additional fee 13 of $2 for each certified copy of an order to expunge 14 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, or 19 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, 22 $100, plus the fees specified in subsection (v)(3), 23 except: 24 (A) When the value of the real and personal 25 property does not exceed $15,000, the fee shall be 26 $25. 27 (B) When (i) proof of heirship alone is made, 28 (ii) a domestic or foreign will is admitted to 29 probate without administration (including proof of 30 heirship), or (iii) letters of office are issued for 31 a particular purpose without administration of the 32 estate, the fee shall be $25. 33 (2) For administration of the estate of a ward, 34 $50, plus the fees specified in subsection (v)(3), HB1964 Enrolled -18- LRB9102932LDmb 1 except: 2 (A) When the value of the real and personal 3 property does not exceed $15,000, the fee shall be 4 $25. 5 (B) When (i) letters of office are issued to a 6 guardian of the person or persons, but not of the 7 estate or (ii) letters of office are issued in the 8 estate of a ward without administration of the 9 estate, including filing or joining in the filing of 10 a tax return or releasing a mortgage or consenting 11 to the marriage of the ward, the fee shall be $10. 12 (3) In addition to the fees payable under 13 subsection (v)(1) or (v)(2) of this Section, the 14 following fees are payable: 15 (A) For each account (other than one final 16 account) filed in the estate of a decedent, or ward, 17 $15. 18 (B) For filing a claim in an estate when the 19 amount claimed is $150 or more but less than $500, 20 $10; when the amount claimed is $500 or more but 21 less than $10,000, $25; when the amount claimed is 22 $10,000 or more, $40; provided that the court in 23 allowing a claim may add to the amount allowed the 24 filing fee paid by the claimant. 25 (C) For filing in an estate a claim, petition, 26 or supplemental proceeding based upon an action 27 seeking equitable relief including the construction 28 or contest of a will, enforcement of a contract to 29 make a will, and proceedings involving testamentary 30 trusts or the appointment of testamentary trustees, 31 $40. 32 (D) For filing in an estate (i) the appearance 33 of any person for the purpose of consent or (ii) the 34 appearance of an executor, administrator, HB1964 Enrolled -19- LRB9102932LDmb 1 administrator to collect, guardian, guardian ad 2 litem, or special administrator, no fee. 3 (E) Except as provided in subsection 4 (v)(3)(D), for filing the appearance of any person 5 or persons, $10. 6 (F) For each jury demand, $102.50$90. 7 (G) For disposition of the collection of a 8 judgment or settlement of an action or claim for 9 wrongful death of a decedent or of any cause of 10 action of a ward, when there is no other 11 administration of the estate, $30, less any amount 12 paid under subsection (v)(1)(B) or (v)(2)(B) except 13 that if the amount involved does not exceed $5,000, 14 the fee, including any amount paid under subsection 15 (v)(1)(B) or (v)(2)(B), shall be $10. 16 (H) For each certified copy of letters of 17 office, of court order or other certification, $1, 18 plus 50¢ per page in excess of 3 pages for the 19 document certified. 20 (I) For each exemplification, $1, plus the fee 21 for certification. 22 (4) The executor, administrator, guardian, 23 petitioner, or other interested person or his or her 24 attorney shall pay the cost of publication by the clerk 25 directly to the newspaper. 26 (5) The person on whose behalf a charge is incurred 27 for witness, court reporter, appraiser, or other 28 miscellaneous fee shall pay the same directly to the 29 person entitled thereto. 30 (6) The executor, administrator, guardian, 31 petitioner, or other interested person or his or her 32 attorney shall pay to the clerk all postage charges 33 incurred by the clerk in mailing petitions, orders, 34 notices, or other documents pursuant to the provisions of HB1964 Enrolled -20- LRB9102932LDmb 1 the Probate Act of 1975. 2 (w) Criminal and Quasi-Criminal Costs and Fees. 3 (1) The clerk shall be entitled to costs in all 4 criminal and quasi-criminal cases from each person 5 convicted or sentenced to supervision therein as follows: 6 (A) Felony complaints, $80. 7 (B) Misdemeanor complaints, $50. 8 (C) Business offense complaints, $50. 9 (D) Petty offense complaints, $50. 10 (E) Minor traffic or ordinance violations, 11 $20. 12 (F) When court appearance required, $30. 13 (G) Motions to vacate or amend final orders, 14 $20. 15 (H) Motions to vacate bond forfeiture orders, 16 $20. 17 (I) Motions to vacate ex parte judgments, 18 whenever filed, $20. 19 (J) Motions to vacate judgment on forfeitures, 20 whenever filed, $20. 21 (K) Motions to vacate "failure to appear" or 22 "failure to comply" notices sent to the Secretary of 23 State, $20. 24 (2) In counties having a population in excess of 25 180,000 but not more than 650,000 inhabitants, when the 26 violation complaint is issued by a municipal police 27 department, the clerk shall be entitled to costs from 28 each person convicted therein as follows: 29 (A) Minor traffic or ordinance violations, 30 $10. 31 (B) When court appearance required, $15. 32 (3) In ordinance violation cases punishable by fine 33 only, the clerk of the circuit court shall be entitled to 34 receive, unless the fee is excused upon a finding by the HB1964 Enrolled -21- LRB9102932LDmb 1 court that the defendant is indigent, in addition to 2 other fees or costs allowed or imposed by law, the sum of 3 $62.50$50as a fee for the services of a jury. The jury 4 fee shall be paid by the defendant at the time of filing 5 his or her jury demand. If the fee is not so paid by the 6 defendant, no jury shall be called, and the case shall be 7 tried by the court without a jury. 8 (x) Transcripts of Judgment. 9 For the filing of a transcript of judgment, the 10 clerk shall be entitled to the same fee as if it were the 11 commencement of a new suit. 12 (y) Change of Venue. 13 (1) For the filing of a change of case on a change 14 of venue, the clerk shall be entitled to the same fee as 15 if it were the commencement of a new suit. 16 (2) The fee for the preparation and certification 17 of a record on a change of venue to another jurisdiction, 18 when original documents are forwarded, $25. 19 (z) Tax objection complaints. 20 For each tax objection complaint containing one or 21 more tax objections, regardless of the number of parcels 22 involved or the number of taxpayers joining on the 23 complaint, $25. 24 (aa) Tax Deeds. 25 (1) Petition for tax deed, if only one parcel is 26 involved, $150. 27 (2) For each additional parcel, add a fee of $50. 28 (bb) Collections. 29 (1) For all collections made of others, except the 30 State and county and except in maintenance or child 31 support cases, a sum equal to 2.5% of the amount 32 collected and turned over. 33 (2) Interest earned on any funds held by the clerk 34 shall be turned over to the county general fund as an HB1964 Enrolled -22- LRB9102932LDmb 1 earning of the office. 2 (3) For any check, draft, or other bank instrument 3 returned to the clerk for non-sufficient funds, account 4 closed, or payment stopped, $25. 5 (4) In child support and maintenance cases, the 6 clerk, if authorized by an ordinance of the county board, 7 may collect an annual fee of up to $36 from the person 8 making payment for administering the collection and 9 distribution of maintenance and child support payments. 10 This fee shall be in addition to and separate from 11 amounts ordered to be paid as maintenance or child 12 support and shall be deposited into a Separate 13 Maintenance and Child Support Collection Fund, of which 14 the clerk shall be the custodian, ex-officio, to be used 15 by the clerk to further maintenance and child supports in 16 his or her office. The clerk may recover from the person 17 making the maintenance or child support payment any 18 additional cost incurred in the collection of this annual 19 fee. 20 The clerk shall also be entitled to a fee of $5 for 21 certifications made to the Secretary of State as provided 22 in Section 7-703 of the Family Financial Responsibility 23 Law and these fees shall also be deposited into the 24 Separate Maintenance and Child Support Collection Fund. 25 (cc) Corrections of Numbers. 26 For correction of the case number, case title, or 27 attorney computer identification number, if required by 28 rule of court, on any document filed in the clerk's 29 office, to be charged against the party that filed the 30 document, $15. 31 (dd) Exceptions. 32 (1) The fee requirements of this Section shall not 33 apply to police departments or other law enforcement 34 agencies. In this Section, "law enforcement agency" HB1964 Enrolled -23- LRB9102932LDmb 1 means an agency of the State or a unit of local 2 government which is vested by law or ordinance with the 3 duty to maintain public order and to enforce criminal 4 laws or ordinances. "Law enforcement agency" also means 5 the Attorney General or any state's attorney. 6 (2) No fee provided herein shall be charged to any 7 unit of local government or school district. 8 (3) The fee requirements of this Section shall not 9 apply to any action instituted under subsection (b) of 10 Section 11-31-1 of the Illinois Municipal Code by a 11 private owner or tenant of real property within 1200 feet 12 of a dangerous or unsafe building seeking an order 13 compelling the owner or owners of the building to take 14 any of the actions authorized under that subsection. 15 (ee) Adoptions. 16 (1) For an adoption.............................$65 17 (2) Upon good cause shown, the court may waive the 18 adoption filing fee in a special needs adoption. The 19 term "special needs adoption" shall have the meaning 20 ascribed to it by the Illinois Department of Children and 21 Family Services. 22 (ff) Adoption exemptions. 23 No fee other than that set forth in subsection (ee) 24 shall be charged to any person in connection with an 25 adoption proceeding. 26 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 27 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.) 28 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2) 29 Sec. 27.2. The fees of the clerks of the circuit court 30 in all counties having a population in excess of 650,000 31 inhabitants but less than 3,000,000 inhabitants in the 32 instances described in this Section shall be as provided in 33 this Section. In addition, the fees provided in this Section HB1964 Enrolled -24- LRB9102932LDmb 1 shall apply to all units of local government and school 2 districts in counties with more than 3,000,000 inhabitants. 3 The fees shall be paid in advance and shall be as follows: 4 (a) Civil Cases. 5 The fee for filing a complaint, petition, or other 6 pleading initiating a civil action, with the following 7 exceptions, shall be $150. 8 (A) When the amount of money or damages or the 9 value of personal property claimed does not exceed 10 $250, $10. 11 (B) When that amount exceeds $250 but does not 12 exceed $500, $20. 13 (C) When that amount exceeds $500 but does not 14 exceed $2500, $30. 15 (D) When that amount exceeds $2500 but does 16 not exceed $15,000, $75. 17 (E) For the exercise of eminent domain, $150. 18 For each additional lot or tract of land or right or 19 interest therein subject to be condemned, the 20 damages in respect to which shall require separate 21 assessment by a jury, $150. 22 (b) Forcible Entry and Detainer. 23 In each forcible entry and detainer case when the 24 plaintiff seeks possession only or unites with his or her 25 claim for possession of the property a claim for rent or 26 damages or both in the amount of $15,000 or less, $40. 27 When the plaintiff unites his or her claim for possession 28 with a claim for rent or damages or both exceeding 29 $15,000, $150. 30 (c) Counterclaim or Joining Third Party Defendant. 31 When any defendant files a counterclaim as part of 32 his or her answer or otherwise or joins another party as 33 a third party defendant, or both, the defendant shall pay 34 a fee for each counterclaim or third party action in an HB1964 Enrolled -25- LRB9102932LDmb 1 amount equal to the fee he or she would have had to pay 2 had he or she brought a separate action for the relief 3 sought in the counterclaim or against the third party 4 defendant, less the amount of the appearance fee, if that 5 has been paid. 6 (d) Confession of Judgment. 7 In a confession of judgment when the amount does not 8 exceed $1500, $50. When the amount exceeds $1500, but 9 does not exceed $15,000, $115. When the amount exceeds 10 $15,000, $200. 11 (e) Appearance. 12 The fee for filing an appearance in each civil case 13 shall be $50, except as follows: 14 (A) When the plaintiff in a forcible entry and 15 detainer case seeks possession only; $20. 16 (B) When the amount in the case does not 17 exceed $1500, $20. 18 (C) When that amount exceeds $1500 but does 19 not exceed $15,000, $40. 20 (f) Garnishment, Wage Deduction, and Citation. 21 In garnishment affidavit, wage deduction affidavit, 22 and citation petition when the amount does not exceed 23 $1,000, $10; when the amount exceeds $1,000 but does not 24 exceed $5,000, $20; and when the amount exceeds $5,000, 25 $30. 26 (g) Petition to Vacate or Modify. 27 (1) Petition to vacate or modify any final judgment 28 or order of court, except in forcible entry and detainer 29 cases and small claims cases or a petition to reopen an 30 estate, to modify, terminate, or enforce a judgment or 31 order for child or spousal support, or to modify, 32 suspend, or terminate an order for withholding, if filed 33 before 30 days after the entry of the judgment or order, 34 $40. HB1964 Enrolled -26- LRB9102932LDmb 1 (2) Petition to vacate or modify any final judgment 2 or order of court, except a petition to modify, 3 terminate, or enforce a judgment or order for child or 4 spousal support or to modify, suspend, or terminate an 5 order for withholding, if filed later than 30 days after 6 the entry of the judgment or order, $60. 7 (3) Petition to vacate order of bond forfeiture, 8 $20. 9 (h) Mailing. 10 When the clerk is required to mail, the fee will be 11 $6, plus the cost of 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, $10. 16 (j) Habeas Corpus. 17 For filing a petition for relief by habeas corpus, 18 $80. 19 (k) Certification, Authentication, and Reproduction. 20 (1) Each certification or authentication for taking 21 the acknowledgment of a deed or other instrument in 22 writing with the seal of office, $4. 23 (2) Court appeals when original documents are 24 forwarded, under 100 pages, plus delivery and costs, $50. 25 (3) Court appeals when original documents are 26 forwarded, over 100 pages, plus delivery and costs, $120. 27 (4) Court appeals when original documents are 28 forwarded, over 200 pages, an additional fee of 20 cents 29 per page. 30 (5) For reproduction of any document contained in 31 the clerk's files: 32 (A) First page, $2. 33 (B) Next 19 pages, 50 cents per page. 34 (C) All remaining pages, 25 cents per page. HB1964 Enrolled -27- LRB9102932LDmb 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 5 case with either its original number or a new number. 6 The Clerk shall not charge any new or additional fee for 7 the reinstatement. Upon reinstatement the Clerk shall 8 advise the parties of the reinstatement. A party shall 9 have the same right to a jury trial on remand and 10 reinstatement as he or she had before the appeal, and no 11 additional or new fee or charge shall be made for a jury 12 trial after remand. 13 (m) Record Search. 14 For each record search, within a division or 15 municipal district, the clerk shall be entitled to a 16 search fee of $4 for each year searched. 17 (n) Hard Copy. 18 For each page of hard copy print output, when case 19 records are maintained on an automated medium, the clerk 20 shall be entitled to a fee of $4. 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 25 records are maintained in a current automated medium, and 26 when no hard copy print output is requested. The fees to 27 be charged for management records, multiple case records, 28 and multiple journal records may be specified by the 29 Chief Judge pursuant to the guidelines for access and 30 dissemination of information approved by the Supreme 31 Court. 32 (p) Commitment Petitions. 33 For filing commitment petitions under the Mental 34 Health and Developmental Disabilities Code, $25. HB1964 Enrolled -28- LRB9102932LDmb 1 (q) Alias Summons. 2 For each alias summons or citation issued by the 3 clerk, $4. 4 (r) Other Fees. 5 Any fees not covered in this Section shall be set by 6 rule or administrative order of the Circuit Court with 7 the approval of the Administrative Office of the Illinois 8 Courts. 9 The clerk of the circuit court may provide 10 additional services for which there is no fee specified 11 by statute in connection with the operation of the 12 clerk's office as may be requested by the public and 13 agreed to by the clerk and approved by the chief judge of 14 the circuit court. Any charges for additional services 15 shall be as agreed to between the clerk and the party 16 making the request and approved by the chief judge of the 17 circuit court. Nothing in this subsection shall be 18 construed to require any clerk to provide any service not 19 otherwise required by law. 20 (s) Jury Services. 21 The clerk shall be entitled to receive, in addition 22 to other fees allowed by law, the sum of $192.50$180, as 23 a fee for the services of a jury in every civil action 24 not quasi-criminal in its nature and not a proceeding for 25 the exercise of the right of eminent domain and in every 26 other action wherein the right of trial by jury is or may 27 be given by law. The jury fee shall be paid by the party 28 demanding a jury at the time of filing the jury demand. 29 If the fee is not paid by either party, no jury shall be 30 called in the action or proceeding, and the same shall be 31 tried by the court without a jury. 32 (t) Voluntary Assignment. 33 For filing each deed of voluntary assignment, $10; 34 for recording the same, 25¢ for each 100 words. HB1964 Enrolled -29- LRB9102932LDmb 1 Exceptions filed to claims presented to an assignee of a 2 debtor who has made a voluntary assignment for the 3 benefit of creditors shall be considered and treated, for 4 the purpose of taxing costs therein, as actions in which 5 the party or parties filing the exceptions shall be 6 considered as party or parties plaintiff, and the 7 claimant or claimants as party or parties defendant, and 8 those parties respectively shall pay to the clerk the 9 same fees as provided by this Section to be paid in other 10 actions. 11 (u) Expungement Petition. 12 The clerk shall be entitled to receive a fee of $30 13 for each expungement petition filed and an additional fee 14 of $2 for each certified copy of an order to expunge 15 arrest records. 16 (v) Probate. 17 The clerk is entitled to receive the fees specified in 18 this subsection (v), which shall be paid in advance, except 19 that, for good cause shown, the court may suspend, reduce, or 20 release the costs payable under this subsection: 21 (1) For administration of the estate of a decedent 22 (whether testate or intestate) or of a missing person, 23 $100, plus the fees specified in subsection (v)(3), 24 except: 25 (A) When the value of the real and personal 26 property does not exceed $15,000, the fee shall be 27 $25. 28 (B) When (i) proof of heirship alone is made, 29 (ii) a domestic or foreign will is admitted to 30 probate without administration (including proof of 31 heirship), or (iii) letters of office are issued for 32 a particular purpose without administration of the 33 estate, the fee shall be $25. 34 (2) For administration of the estate of a ward, HB1964 Enrolled -30- LRB9102932LDmb 1 $50, plus the fees specified in subsection (v)(3), 2 except: 3 (A) When the value of the real and personal 4 property does not exceed $15,000, the fee shall be 5 $25. 6 (B) When (i) letters of office are issued to a 7 guardian of the person or persons, but not of the 8 estate or (ii) letters of office are issued in the 9 estate of a ward without administration of the 10 estate, including filing or joining in the filing of 11 a tax return or releasing a mortgage or consenting 12 to the marriage of the ward, the fee shall be $10. 13 (3) In addition to the fees payable under 14 subsection (v)(1) or (v)(2) of this Section, the 15 following fees are payable: 16 (A) For each account (other than one final 17 account) filed in the estate of a decedent, or ward, 18 $15. 19 (B) For filing a claim in an estate when the 20 amount claimed is $150 or more but less than $500, 21 $10; when the amount claimed is $500 or more but 22 less than $10,000, $25; when the amount claimed is 23 $10,000 or more, $40; provided that the court in 24 allowing a claim may add to the amount allowed the 25 filing fee paid by the claimant. 26 (C) For filing in an estate a claim, petition, 27 or supplemental proceeding based upon an action 28 seeking equitable relief including the construction 29 or contest of a will, enforcement of a contract to 30 make a will, and proceedings involving testamentary 31 trusts or the appointment of testamentary trustees, 32 $40. 33 (D) For filing in an estate (i) the appearance 34 of any person for the purpose of consent or (ii) the HB1964 Enrolled -31- LRB9102932LDmb 1 appearance of an executor, administrator, 2 administrator to collect, guardian, guardian ad 3 litem, or special administrator, no fee. 4 (E) Except as provided in subsection 5 (v)(3)(D), for filing the appearance of any person 6 or persons, $10. 7 (F) For each jury demand, $102.50$90. 8 (G) For disposition of the collection of a 9 judgment or settlement of an action or claim for 10 wrongful death of a decedent or of any cause of 11 action of a ward, when there is no other 12 administration of the estate, $30, less any amount 13 paid under subsection (v)(1)(B) or (v)(2)(B) except 14 that if the amount involved does not exceed $5,000, 15 the fee, including any amount paid under subsection 16 (v)(1)(B) or (v)(2)(B), shall be $10. 17 (H) For each certified copy of letters of 18 office, of court order or other certification, $1, 19 plus 50¢ per page in excess of 3 pages for the 20 document certified. 21 (I) For each exemplification, $1, plus the fee 22 for certification. 23 (4) The executor, administrator, guardian, 24 petitioner, or other interested person or his or her 25 attorney shall pay the cost of publication by the clerk 26 directly to the newspaper. 27 (5) The person on whose behalf a charge is incurred 28 for witness, court reporter, appraiser, or other 29 miscellaneous fee shall pay the same directly to the 30 person entitled thereto. 31 (6) The executor, administrator, guardian, 32 petitioner, or other interested person or his attorney 33 shall pay to the clerk all postage charges incurred by 34 the clerk in mailing petitions, orders, notices, or other HB1964 Enrolled -32- LRB9102932LDmb 1 documents pursuant to the provisions of the Probate Act 2 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, $80. 8 (B) Misdemeanor complaints, $50. 9 (C) Business offense complaints, $50. 10 (D) Petty offense complaints, $50. 11 (E) Minor traffic or ordinance violations, 12 $20. 13 (F) When court appearance required, $30. 14 (G) Motions to vacate or amend final orders, 15 $20. 16 (H) Motions to vacate bond forfeiture orders, 17 $20. 18 (I) Motions to vacate ex parte judgments, 19 whenever filed, $20. 20 (J) Motions to vacate judgment on forfeitures, 21 whenever filed, $20. 22 (K) Motions to vacate "failure to appear" or 23 "failure to comply" notices sent to the Secretary of 24 State, $20. 25 (2) In counties having a population of more than 26 650,000 but fewer than 3,000,000 inhabitants, when the 27 violation complaint is issued by a municipal police 28 department, the clerk shall be entitled to costs from 29 each person convicted therein as follows: 30 (A) Minor traffic or ordinance violations, 31 $10. 32 (B) When court appearance required, $15. 33 (3) In ordinance violation cases punishable by fine 34 only, the clerk of the circuit court shall be entitled to HB1964 Enrolled -33- LRB9102932LDmb 1 receive, unless the fee is excused upon a finding by the 2 court that the defendant is indigent, in addition to 3 other fees or costs allowed or imposed by law, the sum of 4 $50 as a fee for the services of a jury. The jury fee 5 shall be paid by the defendant at the time of filing his 6 or her jury demand. If the fee is not so paid by the 7 defendant, no jury shall be called, and the case shall be 8 tried by the court without a jury. 9 (x) Transcripts of Judgment. 10 For the filing of a transcript of judgment, the 11 clerk shall be entitled to the same fee as if it were the 12 commencement of new suit. 13 (y) Change of Venue. 14 (1) For the filing of a change of case on a change 15 of venue, the clerk shall be entitled to the same fee as 16 if it were the commencement of a new suit. 17 (2) The fee for the preparation and certification 18 of a record on a change of venue to another jurisdiction, 19 when original documents are forwarded, $25. 20 (z) Tax objection complaints. 21 For each tax objection complaint containing one or 22 more tax objections, regardless of the number of parcels 23 involved or the number of taxpayers joining in the 24 complaint, $25. 25 (aa) Tax Deeds. 26 (1) Petition for tax deed, if only one parcel is 27 involved, $150. 28 (2) For each additional parcel, add a fee of $50. 29 (bb) Collections. 30 (1) For all collections made of others, except the 31 State and county and except in maintenance or child 32 support cases, a sum equal to 2.5% of the amount 33 collected and turned over. 34 (2) Interest earned on any funds held by the clerk HB1964 Enrolled -34- LRB9102932LDmb 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 7 clerk, if authorized by an ordinance of the county board, 8 may collect an annual fee of up to $36 from the person 9 making payment for administering the collection and 10 distribution of maintenance and child support payments. 11 This fee shall be in addition to and separate from 12 amounts ordered to be paid as maintenance or child 13 support and shall be deposited into a Separate 14 Maintenance and Child Support Collection Fund, of which 15 the clerk shall be the custodian, ex-officio, to be used 16 by the clerk to further maintenance and child supports in 17 his or her office. The clerk may recover from the person 18 making the maintenance or child support payment any 19 additional cost incurred in the collection of this annual 20 fee. 21 The clerk shall also be entitled to a fee of $5 for 22 certifications made to the Secretary of State as provided 23 in Section 7-703 of the Family Financial Responsibility 24 Law and these fees shall also be deposited into the 25 Separate Maintenance and Child Support Collection Fund. 26 (cc) Corrections of Numbers. 27 For correction of the case number, case title, or 28 attorney computer identification number, if required by 29 rule of court, on any document filed in the clerk's 30 office, to be charged against the party that filed the 31 document, $15. 32 (dd) Exceptions. 33 The fee requirements of this Section shall not apply 34 to police departments or other law enforcement agencies. HB1964 Enrolled -35- LRB9102932LDmb 1 In this Section, "law enforcement agency" means an agency 2 of the State or a unit of local government which is 3 vested by law or ordinance with the duty to maintain 4 public order and to enforce criminal laws or ordinances. 5 "Law enforcement agency" also means the Attorney General 6 or any state's attorney. The fee requirements of this 7 Section shall not apply to any action instituted under 8 subsection (b) of Section 11-31-1 of the Illinois 9 Municipal Code by a private owner or tenant of real 10 property within 1200 feet of a dangerous or unsafe 11 building seeking an order compelling the owner or owners 12 of the building to take any of the actions authorized 13 under that subsection. 14 (ee) Adoptions. 15 (1) For an adoption.............................$65 16 (2) Upon good cause shown, the court may waive the 17 adoption filing fee in a special needs adoption. The 18 term "special needs adoption" shall have the meaning 19 ascribed to it by the Illinois Department of Children and 20 Family Services. 21 (ff) Adoption exemptions. 22 No fee other than that set forth in subsection (ee) 23 shall be charged to any person in connection with an 24 adoption proceeding. 25 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 26 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.) 27 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a) 28 Sec. 27.2a. The fees of the clerks of the circuit court 29 in all counties having a population of 3,000,000 or more 30 inhabitants in the instances described in this Section shall 31 be as provided in this Section. The fees shall be paid in 32 advance and shall be as follows: 33 (a) Civil Cases. HB1964 Enrolled -36- LRB9102932LDmb 1 The fee for filing a complaint, petition, or other 2 pleading initiating a civil action, with the following 3 exceptions, shall be $190. 4 (A) When the amount of money or damages or the 5 value of personal property claimed does not exceed 6 $250, $15. 7 (B) When that amount exceeds $250 but does not 8 exceed $1000, $40. 9 (C) When that amount exceeds $1000 but does 10 not exceed $2500, $50. 11 (D) When that amount exceeds $2500 but does 12 not exceed $5000, $100. 13 (E) When that amount exceeds $5000 but does 14 not exceed $15,000, $150. 15 (F) For the exercise of eminent domain, $150. 16 For each additional lot or tract of land or right or 17 interest therein subject to be condemned, the 18 damages in respect to which shall require separate 19 assessment by a jury, $150. 20 (b) Forcible Entry and Detainer. 21 In each forcible entry and detainer case when the 22 plaintiff seeks possession only or unites with his or her 23 claim for possession of the property a claim for rent or 24 damages or both in the amount of $15,000 or less, $75. 25 When the plaintiff unites his or her claim for possession 26 with a claim for rent or damages or both exceeding 27 $15,000, $225. 28 (c) Counterclaim or Joining Third Party Defendant. 29 When any defendant files a counterclaim as part of 30 his or her answer or otherwise or joins another party as 31 a third party defendant, or both, the defendant shall pay 32 a fee for each counterclaim or third party action in an 33 amount equal to the fee he or she would have had to pay 34 had he or she brought a separate action for the relief HB1964 Enrolled -37- LRB9102932LDmb 1 sought in the counterclaim or against the third party 2 defendant, less the amount of the appearance fee, if that 3 has been paid. 4 (d) Confession of Judgment. 5 In a confession of judgment when the amount does not 6 exceed $1500, $60. When the amount exceeds $1500, but 7 does not exceed $5000, $75. When the amount exceeds 8 $5000, but does not exceed $15,000, $175. When the amount 9 exceeds $15,000, $250. 10 (e) Appearance. 11 The fee for filing an appearance in each civil case 12 shall be $75, except as follows: 13 (A) When the plaintiff in a forcible entry and 14 detainer case seeks possession only, $40. 15 (B) When the amount in the case does not 16 exceed $1500, $40. 17 (C) When that amount exceeds $1500 but does 18 not exceed $15,000, $60. 19 (f) Garnishment, Wage Deduction, and Citation. 20 In garnishment affidavit, wage deduction affidavit, 21 and citation petition when the amount does not exceed 22 $1,000, $15; when the amount exceeds $1,000 but does not 23 exceed $5,000, $30; and when the amount exceeds $5,000, 24 $50. 25 (g) Petition to Vacate or Modify. 26 (1) Petition to vacate or modify any final judgment 27 or order of court, except in forcible entry and detainer 28 cases and small claims cases or a petition to reopen an 29 estate, to modify, terminate, or enforce a judgment or 30 order for child or spousal support, or to modify, 31 suspend, or terminate an order for withholding, if filed 32 before 30 days after the entry of the judgment or order, 33 $50. 34 (2) Petition to vacate or modify any final judgment HB1964 Enrolled -38- LRB9102932LDmb 1 or order of court, except a petition to modify, 2 terminate, or enforce a judgment or order for child or 3 spousal support or to modify, suspend, or terminate an 4 order for withholding, if filed later than 30 days after 5 the entry of the judgment or order, $75. 6 (3) Petition to vacate order of bond forfeiture, 7 $40. 8 (h) Mailing. 9 When the clerk is required to mail, the fee will be 10 $10, plus the cost of postage. 11 (i) Certified Copies. 12 Each certified copy of a judgment after the first, 13 except in small claims and forcible entry and detainer 14 cases, $15. 15 (j) Habeas Corpus. 16 For filing a petition for relief by habeas corpus, 17 $125. 18 (k) Certification, Authentication, and Reproduction. 19 (1) Each certification or authentication for taking 20 the acknowledgment of a deed or other instrument in 21 writing with the seal of office, $6. 22 (2) Court appeals when original documents are 23 forwarded, under 100 pages, plus delivery and costs, $75. 24 (3) Court appeals when original documents are 25 forwarded, over 100 pages, plus delivery and costs, $150. 26 (4) Court appeals when original documents are 27 forwarded, over 200 pages, an additional fee of 25 cents 28 per page. 29 (5) For reproduction of any document contained in 30 the clerk's files: 31 (A) First page, $2. 32 (B) Next 19 pages, 50 cents per page. 33 (C) All remaining pages, 25 cents per page. 34 (l) Remands. HB1964 Enrolled -39- LRB9102932LDmb 1 In any cases remanded to the Circuit Court from the 2 Supreme Court or the Appellate Court for a new trial, the 3 clerk shall file the remanding order and reinstate the 4 case with either its original number or a new number. 5 The Clerk shall not charge any new or additional fee for 6 the reinstatement. Upon reinstatement the Clerk shall 7 advise the parties of the reinstatement. A party shall 8 have the same right to a jury trial on remand and 9 reinstatement as he or she had before the appeal, and no 10 additional or new fee or charge shall be made for a jury 11 trial after remand. 12 (m) Record Search. 13 For each record search, within a division or 14 municipal district, the clerk shall be entitled to a 15 search fee 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 $6. 20 (o) Index Inquiry and Other Records. 21 No fee shall be charged for a single 22 plaintiff/defendant index inquiry or single case record 23 inquiry when this request is made in person and the 24 records are maintained in a current automated medium, and 25 when no hard copy print output is requested. The fees to 26 be charged for management records, multiple case records, 27 and multiple journal records may be specified by the 28 Chief Judge pursuant to the guidelines for access and 29 dissemination of information approved by the Supreme 30 Court. 31 (p) Commitment Petitions. 32 For filing commitment petitions under the Mental 33 Health and Developmental Disabilities Code, $50. 34 (q) Alias Summons. HB1964 Enrolled -40- LRB9102932LDmb 1 For each alias summons or citation issued by the 2 clerk, $5. 3 (r) Other Fees. 4 Any fees not covered in this Section shall be set by 5 rule or administrative order of the Circuit Court with 6 the approval of the Administrative Office of the Illinois 7 Courts. 8 The clerk of the circuit court may provide 9 additional services for which there is no fee specified 10 by statute in connection with the operation of the 11 clerk's office as may be requested by the public and 12 agreed to by the clerk and approved by the chief judge of 13 the circuit court. Any charges for additional services 14 shall be as agreed to between the clerk and the party 15 making the request and approved by the chief judge of the 16 circuit court. Nothing in this subsection shall be 17 construed to require any clerk to provide any service not 18 otherwise required by law. 19 (s) Jury Services. 20 The clerk shall be entitled to receive, in addition 21 to other fees allowed by law, the sum of $212.50$200, as 22 a fee for the services of a jury in every civil action 23 not quasi-criminal in its nature and not a proceeding for 24 the exercise of the right of eminent domain and in every 25 other action wherein the right of trial by jury is or may 26 be given by law. The jury fee shall be paid by the party 27 demanding a jury at the time of filing the jury demand. 28 If the fee is not paid by either party, no jury shall be 29 called in the action or proceeding, and the same shall be 30 tried by the court without a jury. 31 (t) Voluntary Assignment. 32 For filing each deed of voluntary assignment, $20; 33 for recording the same, 50¢ for each 100 words. 34 Exceptions filed to claims presented to an assignee of a HB1964 Enrolled -41- LRB9102932LDmb 1 debtor who has made a voluntary assignment for the 2 benefit of creditors shall be considered and treated, for 3 the purpose of taxing costs therein, as actions in which 4 the party or parties filing the exceptions shall be 5 considered as party or parties plaintiff, and the 6 claimant or claimants as party or parties defendant, and 7 those parties respectively shall pay to the clerk the 8 same fees as provided by this Section to be paid in other 9 actions. 10 (u) Expungement Petition. 11 The clerk shall be entitled to receive a fee of $60 12 for each expungement petition filed and an additional fee 13 of $4 for each certified copy of an order to expunge 14 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, or 19 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, 22 $150, plus the fees specified in subsection (v)(3), 23 except: 24 (A) When the value of the real and personal 25 property does not exceed $15,000, the fee shall be 26 $40. 27 (B) When (i) proof of heirship alone is made, 28 (ii) a domestic or foreign will is admitted to 29 probate without administration (including proof of 30 heirship), or (iii) letters of office are issued for 31 a particular purpose without administration of the 32 estate, the fee shall be $40. 33 (2) For administration of the estate of a ward, 34 $75, plus the fees specified in subsection (v)(3), HB1964 Enrolled -42- LRB9102932LDmb 1 except: 2 (A) When the value of the real and personal 3 property does not exceed $15,000, the fee shall be 4 $40. 5 (B) When (i) letters of office are issued to a 6 guardian of the person or persons, but not of the 7 estate or (ii) letters of office are issued in the 8 estate of a ward without administration of the 9 estate, including filing or joining in the filing of 10 a tax return or releasing a mortgage or consenting 11 to the marriage of the ward, the fee shall be $20. 12 (3) In addition to the fees payable under 13 subsection (v)(1) or (v)(2) of this Section, the 14 following fees are payable: 15 (A) For each account (other than one final 16 account) filed in the estate of a decedent, or ward, 17 $25. 18 (B) For filing a claim in an estate when the 19 amount claimed is $150 or more but less than $500, 20 $20; when the amount claimed is $500 or more but 21 less than $10,000, $40; when the amount claimed is 22 $10,000 or more, $60; provided that the court in 23 allowing a claim may add to the amount allowed the 24 filing fee paid by the claimant. 25 (C) For filing in an estate a claim, petition, 26 or supplemental proceeding based upon an action 27 seeking equitable relief including the construction 28 or contest of a will, enforcement of a contract to 29 make a will, and proceedings involving testamentary 30 trusts or the appointment of testamentary trustees, 31 $60. 32 (D) For filing in an estate (i) the appearance 33 of any person for the purpose of consent or (ii) the 34 appearance of an executor, administrator, HB1964 Enrolled -43- LRB9102932LDmb 1 administrator to collect, guardian, guardian ad 2 litem, or special administrator, no fee. 3 (E) Except as provided in subsection 4 (v)(3)(D), for filing the appearance of any person 5 or persons, $30. 6 (F) For each jury demand, $137.50$125. 7 (G) For disposition of the collection of a 8 judgment or settlement of an action or claim for 9 wrongful death of a decedent or of any cause of 10 action of a ward, when there is no other 11 administration of the estate, $50, less any amount 12 paid under subsection (v)(1)(B) or (v)(2)(B) except 13 that if the amount involved does not exceed $5,000, 14 the fee, including any amount paid under subsection 15 (v)(1)(B) or (v)(2)(B), shall be $20. 16 (H) For each certified copy of letters of 17 office, of court order or other certification, $2, 18 plus $1 per page in excess of 3 pages for the 19 document certified. 20 (I) For each exemplification, $2, plus the fee 21 for certification. 22 (4) The executor, administrator, guardian, 23 petitioner, or other interested person or his or her 24 attorney shall pay the cost of publication by the clerk 25 directly to the newspaper. 26 (5) The person on whose behalf a charge is incurred 27 for witness, court reporter, appraiser, or other 28 miscellaneous fee shall pay the same directly to the 29 person entitled thereto. 30 (6) The executor, administrator, guardian, 31 petitioner, or other interested person or his or her 32 attorney shall pay to the clerk all postage charges 33 incurred by the clerk in mailing petitions, orders, 34 notices, or other documents pursuant to the provisions of HB1964 Enrolled -44- LRB9102932LDmb 1 the Probate Act of 1975. 2 (w) Criminal and Quasi-Criminal Costs and Fees. 3 (1) The clerk shall be entitled to costs in all 4 criminal and quasi-criminal cases from each person 5 convicted or sentenced to supervision therein as follows: 6 (A) Felony complaints, $125. 7 (B) Misdemeanor complaints, $75. 8 (C) Business offense complaints, $75. 9 (D) Petty offense complaints, $75. 10 (E) Minor traffic or ordinance violations, 11 $30. 12 (F) When court appearance required, $50. 13 (G) Motions to vacate or amend final orders, 14 $40. 15 (H) Motions to vacate bond forfeiture orders, 16 $30. 17 (I) Motions to vacate ex parte judgments, 18 whenever filed, $30. 19 (J) Motions to vacate judgment on forfeitures, 20 whenever filed, $25. 21 (K) Motions to vacate "failure to appear" or 22 "failure to comply" notices sent to the Secretary of 23 State, $40. 24 (2) In counties having a population of 3,000,000 or 25 more, when the violation complaint is issued by a 26 municipal police department, the clerk shall be entitled 27 to costs from each person convicted therein as follows: 28 (A) Minor traffic or ordinance violations, 29 $30. 30 (B) When court appearance required, $50. 31 (3) In ordinance violation cases punishable by fine 32 only, the clerk of the circuit court shall be entitled to 33 receive, unless the fee is excused upon a finding by the 34 court that the defendant is indigent, in addition to HB1964 Enrolled -45- LRB9102932LDmb 1 other fees or costs allowed or imposed by law, the sum of 2 $112.50$100as a fee for the services of a jury. The 3 jury fee shall be paid by the defendant at the time of 4 filing his or her jury demand. If the fee is not so paid 5 by the defendant, no jury shall be called, and the case 6 shall be tried by the court without a jury. 7 (x) Transcripts of Judgment. 8 For the filing of a transcript of judgment, the 9 clerk shall be entitled to the same fee as if it were the 10 commencement of a new suit. 11 (y) Change of Venue. 12 (1) For the filing of a change of case on a change 13 of venue, the clerk shall be entitled to the same fee as 14 if it were the commencement of a new suit. 15 (2) The fee for the preparation and certification 16 of a record on a change of venue to another jurisdiction, 17 when original documents are forwarded, $40. 18 (z) Tax objection complaints. 19 For each tax objection complaint containing one or 20 more tax objections, regardless of the number of parcels 21 involved or the number of taxpayers joining in the 22 complaint, $50. 23 (aa) Tax Deeds. 24 (1) Petition for tax deed, if only one parcel is 25 involved, $250. 26 (2) For each additional parcel, add a fee of $100. 27 (bb) Collections. 28 (1) For all collections made of others, except the 29 State and county and except in maintenance or child 30 support cases, a sum equal to 3.0% of the amount 31 collected and turned over. 32 (2) Interest earned on any funds held by the clerk 33 shall be turned over to the county general fund as an 34 earning of the office. HB1964 Enrolled -46- LRB9102932LDmb 1 (3) For any check, draft, or other bank instrument 2 returned to the clerk for non-sufficient funds, account 3 closed, or payment stopped, $25. 4 (4) In child support and maintenance cases, the 5 clerk, if authorized by an ordinance of the county board, 6 may collect an annual fee of up to $36 from the person 7 making payment for administering the collection and 8 distribution of maintenance and child support payments. 9 This fee shall be in addition to and separate from 10 amounts ordered to be paid as maintenance or child 11 support and shall be deposited into a Separate 12 Maintenance and Child Support Collection Fund, of which 13 the clerk shall be the custodian, ex-officio, to be used 14 by the clerk to further maintenance and child supports in 15 his or her office. The clerk may recover from the person 16 making the maintenance or child support payment any 17 additional cost incurred in the collection of this annual 18 fee. 19 The clerk shall also be entitled to a fee of $5 for 20 certifications made to the Secretary of State as provided 21 in Section 7-703 of the Family Financial Responsibility 22 Law and these fees shall also be deposited into the 23 Separate Maintenance and Child Support Collection Fund. 24 (cc) Corrections of Numbers. 25 For correction of the case number, case title, or 26 attorney computer identification number, if required by 27 rule of court, on any document filed in the clerk's 28 office, to be charged against the party that filed the 29 document, $25. 30 (dd) Exceptions. 31 (1) The fee requirements of this Section shall not 32 apply to police departments or other law enforcement 33 agencies. In this Section, "law enforcement agency" 34 means an agency of the State or a unit of local HB1964 Enrolled -47- LRB9102932LDmb 1 government which is vested by law or ordinance with the 2 duty to maintain public order and to enforce criminal 3 laws or ordinances. "Law enforcement agency" also means 4 the Attorney General or any state's attorney. 5 (2) No fee provided herein shall be charged to any 6 unit of local government or school district. The fee 7 requirements of this Section shall not apply to any 8 action instituted under subsection (b) of Section 11-31-1 9 of the Illinois Municipal Code by a private owner or 10 tenant of real property within 1200 feet of a dangerous 11 or unsafe building seeking an order compelling the owner 12 or owners of the building to take any of the actions 13 authorized under that subsection. 14 (ee) Adoption. 15 (1) For an adoption.............................$65 16 (2) Upon good cause shown, the court may waive the 17 adoption filing fee in a special needs adoption. The 18 term "special needs adoption" shall have the meaning 19 ascribed to it by the Illinois Department of Children and 20 Family Services. 21 (ff) Adoption exemptions. 22 No fee other than that set forth in subsection (ee) 23 shall be charged to any person in connection with an 24 adoption proceeding. 25 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 26 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.) 27 Section 15. The Jury Secrecy Act is amended by adding 28 Section 2 as follows: 29 (705 ILCS 315/2 new) 30 Sec. 2. Secrecy of jury. A judge may prohibit the 31 release to the public of the name of any member of a jury 32 sitting in a court over which the judge presides if the judge HB1964 Enrolled -48- LRB9102932LDmb 1 finds that there would be a reasonable threat of harm to the 2 juror if his or her name were released.