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92_HB0215sam003
LRB9201788TAtmam03
1 AMENDMENT TO HOUSE BILL 215
2 AMENDMENT NO. _______. Amend House Bill 215, AS AMENDED,
3 by replacing Section 10 with the following:
4 "Section 10. The Clerks of Courts Act is amended by
5 changing Sections 27.1a, 27.2, 27.2a, 27.5, and 27.6 as
6 follows:
7 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
8 Sec. 27.1a. The fees of the clerks of the circuit court
9 in all counties having a population in excess of 180,000 but
10 not more than 650,000 inhabitants in the instances described
11 in this Section shall be as provided in this Section. In
12 addition, the fees provided in this Section shall apply to
13 all units of local government and school districts in
14 counties with more than 3,000,000 inhabitants. The fees shall
15 be paid in advance and shall be as follows:
16 (a) Civil Cases.
17 The fee for filing a complaint, petition, or other
18 pleading initiating a civil action, with the following
19 exceptions, shall be $150.
20 (A) When the amount of money or damages or the
21 value of personal property claimed does not exceed
22 $250, $10.
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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
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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
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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
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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.
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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, as a
22 fee for the services of a jury in every civil action not
23 quasi-criminal in its nature and not a proceeding for the
24 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
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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),
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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,
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1 administrator to collect, guardian, guardian ad
2 litem, or special administrator, no fee.
3 (E) Except as provided in subsection
4 (v)(3)(D), for filing the appearance of any person
5 or persons, $10.
6 (F) For each jury demand, $102.50.
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
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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
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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 as a fee for the services of a jury. The jury fee
4 shall be paid by the defendant at the time of filing his
5 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
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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 maintaining child support records and
9 the processing of support orders to the State of Illinois
10 KIDS system and the recording of payments issued by the
11 State Disbursement Unit for the official record of the
12 Court. This fee shall be in addition to and separate
13 from amounts ordered to be paid as maintenance or child
14 support and shall be deposited into a Separate
15 Maintenance and Child Support Collection Fund, of which
16 the clerk shall be the custodian, ex-officio, to be used
17 by the clerk to maintain child support orders and record
18 all payments issued by the State Disbursement Unit for
19 the official record of the Court. The clerk may recover
20 from the person making the maintenance or child support
21 payment any additional cost incurred in the collection
22 of this annual fee.
23 The clerk shall also be entitled to a fee of $5 for
24 certifications made to the Secretary of State as provided
25 in Section 7-703 of the Family Financial Responsibility
26 Law and these fees shall also be deposited into the
27 Separate Maintenance and Child Support Collection Fund.
28 (cc) Corrections of Numbers.
29 For correction of the case number, case title, or
30 attorney computer identification number, if required by
31 rule of court, on any document filed in the clerk's
32 office, to be charged against the party that filed the
33 document, $15.
34 (dd) Exceptions.
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1 (1) The fee requirements of this Section shall not
2 apply to police departments or other law enforcement
3 agencies. In this Section, "law enforcement agency"
4 means an agency of the State or a unit of local
5 government which is vested by law or ordinance with the
6 duty to maintain public order and to enforce criminal
7 laws or ordinances. "Law enforcement agency" also means
8 the Attorney General or any state's attorney.
9 (2) No fee provided herein shall be charged to any
10 unit of local government or school district in counties
11 with a population less than or equal to 3,000,000
12 inhabitants.
13 (3) The fee requirements of this Section shall not
14 apply to any action instituted under subsection (b) of
15 Section 11-31-1 of the Illinois Municipal Code by a
16 private owner or tenant of real property within 1200 feet
17 of a dangerous or unsafe building seeking an order
18 compelling the owner or owners of the building to take
19 any of the actions authorized under that subsection.
20 (ee) Adoptions.
21 (1) For an adoption.............................$65
22 (2) Upon good cause shown, the court may waive the
23 adoption filing fee in a special needs adoption. The
24 term "special needs adoption" shall have the meaning
25 ascribed to it by the Illinois Department of Children and
26 Family Services.
27 (ff) Adoption exemptions.
28 No fee other than that set forth in subsection (ee)
29 shall be charged to any person in connection with an
30 adoption proceeding.
31 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
32 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
33 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
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1 Sec. 27.2. The fees of the clerks of the circuit court
2 in all counties having a population in excess of 650,000
3 inhabitants but less than 3,000,000 inhabitants in the
4 instances described in this Section shall be as provided in
5 this Section. In addition, the fees provided in this Section
6 shall apply to all units of local government and school
7 districts in counties with more than 3,000,000 inhabitants.
8 The fees shall be paid in advance and shall be as follows:
9 (a) Civil Cases.
10 The fee for filing a complaint, petition, or other
11 pleading initiating a civil action, with the following
12 exceptions, shall be $190 $150.
13 (A) When the amount of money or damages or the
14 value of personal property claimed does not exceed
15 $250, $15 $10.
16 (B) When that amount exceeds $250 but does not
17 exceed $1,000 $500, $40 $20.
18 (C) When that amount exceeds $1,000 $500 but
19 does not exceed $2500, $50 $30.
20 (D) When that amount exceeds $2500 but does
21 not exceed $5,000 $15,000, $100 $75.
22 (D-5) When the amount exceeds $5,000 but does
23 not exceed $15,000, $150.
24 (E) For the exercise of eminent domain, $150.
25 For each additional lot or tract of land or right or
26 interest therein subject to be condemned, the
27 damages in respect to which shall require separate
28 assessment by a jury, $150.
29 (b) Forcible Entry and Detainer.
30 In each forcible entry and detainer case when the
31 plaintiff seeks possession only or unites with his or her
32 claim for possession of the property a claim for rent or
33 damages or both in the amount of $15,000 or less, $75
34 $40. When the plaintiff unites his or her claim for
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1 possession with a claim for rent or damages or both
2 exceeding $15,000, $225 $150.
3 (c) Counterclaim or Joining Third Party Defendant.
4 When any defendant files a counterclaim as part of
5 his or her answer or otherwise or joins another party as
6 a third party defendant, or both, the defendant shall pay
7 a fee for each counterclaim or third party action in an
8 amount equal to the fee he or she would have had to pay
9 had he or she brought a separate action for the relief
10 sought in the counterclaim or against the third party
11 defendant, less the amount of the appearance fee, if that
12 has been paid.
13 (d) Confession of Judgment.
14 In a confession of judgment when the amount does not
15 exceed $1500, $60 $50. When the amount exceeds $1500, but
16 does not exceed $5,000 $15,000, $75 $115. When the amount
17 exceeds $5,000, but does not exceed $15,000, $175. When
18 the amount exceeds $15,000, $250 $200.
19 (e) Appearance.
20 The fee for filing an appearance in each civil case
21 shall be $75 $50, except as follows:
22 (A) When the plaintiff in a forcible entry and
23 detainer case seeks possession only; $40 $20.
24 (B) When the amount in the case does not
25 exceed $1500, $40 $20.
26 (C) When the that amount in the case exceeds
27 $1500 but does not exceed $15,000, $60 $40.
28 (f) Garnishment, Wage Deduction, and Citation.
29 In garnishment affidavit, wage deduction affidavit,
30 and citation petition when the amount does not exceed
31 $1,000, $15 $10; when the amount exceeds $1,000 but does
32 not exceed $5,000, $30 $20; and when the amount exceeds
33 $5,000, $50 $30.
34 (g) Petition to Vacate or Modify.
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1 (1) Petition to vacate or modify any final judgment
2 or order of court, except in forcible entry and detainer
3 cases and small claims cases or a petition to reopen an
4 estate, to modify, terminate, or enforce a judgment or
5 order for child or spousal support, or to modify,
6 suspend, or terminate an order for withholding, if filed
7 before 30 days after the entry of the judgment or order,
8 $50 $40.
9 (2) Petition to vacate or modify any final judgment
10 or order of court, except a petition to modify,
11 terminate, or enforce a judgment or order for child or
12 spousal support or to modify, suspend, or terminate an
13 order for withholding, if filed later than 30 days after
14 the entry of the judgment or order, $75 $60.
15 (3) Petition to vacate order of bond forfeiture,
16 $40 $20.
17 (h) Mailing.
18 When the clerk is required to mail, the fee will be
19 $10 $6, plus the cost of postage.
20 (i) Certified Copies.
21 Each certified copy of a judgment after the first,
22 except in small claims and forcible entry and detainer
23 cases, $15 $10.
24 (j) Habeas Corpus.
25 For filing a petition for relief by habeas corpus,
26 $125 $80.
27 (k) Certification, Authentication, and Reproduction.
28 (1) Each certification or authentication for taking
29 the acknowledgment of a deed or other instrument in
30 writing with the seal of office, $6 $4.
31 (2) Court appeals when original documents are
32 forwarded, under 100 pages, plus delivery and costs, $75
33 $50.
34 (3) Court appeals when original documents are
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1 forwarded, over 100 pages, plus delivery and costs, $150
2 $120.
3 (4) Court appeals when original documents are
4 forwarded, over 200 pages, an additional fee of 25 20
5 cents per page.
6 (5) For reproduction of any document contained in
7 the clerk's files:
8 (A) First page, $2.
9 (B) Next 19 pages, 50 cents per page.
10 (C) All remaining pages, 25 cents per page.
11 (l) Remands.
12 In any cases remanded to the Circuit Court from the
13 Supreme Court or the Appellate Court for a new trial, the
14 clerk shall file the remanding order and reinstate the
15 case with either its original number or a new number.
16 The Clerk shall not charge any new or additional fee for
17 the reinstatement. Upon reinstatement the Clerk shall
18 advise the parties of the reinstatement. A party shall
19 have the same right to a jury trial on remand and
20 reinstatement as he or she had before the appeal, and no
21 additional or new fee or charge shall be made for a jury
22 trial after remand.
23 (m) Record Search.
24 For each record search, within a division or
25 municipal district, the clerk shall be entitled to a
26 search fee of $6 $4 for each year searched.
27 (n) Hard Copy.
28 For each page of hard copy print output, when case
29 records are maintained on an automated medium, the clerk
30 shall be entitled to a fee of $6 $4.
31 (o) Index Inquiry and Other Records.
32 No fee shall be charged for a single
33 plaintiff/defendant index inquiry or single case record
34 inquiry when this request is made in person and the
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1 records are maintained in a current automated medium, and
2 when no hard copy print output is requested. The fees to
3 be charged for management records, multiple case records,
4 and multiple journal records may be specified by the
5 Chief Judge pursuant to the guidelines for access and
6 dissemination of information approved by the Supreme
7 Court.
8 (p) Commitment Petitions.
9 For filing commitment petitions under the Mental
10 Health and Developmental Disabilities Code, $50 $25.
11 (q) Alias Summons.
12 For each alias summons or citation issued by the
13 clerk, $5 $4.
14 (r) Other Fees.
15 Any fees not covered in this Section shall be set by
16 rule or administrative order of the Circuit Court with
17 the approval of the Administrative Office of the Illinois
18 Courts.
19 The clerk of the circuit court may provide
20 additional services for which there is no fee specified
21 by statute in connection with the operation of the
22 clerk's office as may be requested by the public and
23 agreed to by the clerk and approved by the chief judge of
24 the circuit court. Any charges for additional services
25 shall be as agreed to between the clerk and the party
26 making the request and approved by the chief judge of the
27 circuit court. Nothing in this subsection shall be
28 construed to require any clerk to provide any service not
29 otherwise required by law.
30 (s) Jury Services.
31 The clerk shall be entitled to receive, in addition
32 to other fees allowed by law, the sum of $212.50 $192.50,
33 as a fee for the services of a jury in every civil action
34 not quasi-criminal in its nature and not a proceeding for
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1 the exercise of the right of eminent domain and in every
2 other action wherein the right of trial by jury is or may
3 be given by law. The jury fee shall be paid by the party
4 demanding a jury at the time of filing the jury demand.
5 If the fee is not paid by either party, no jury shall be
6 called in the action or proceeding, and the same shall be
7 tried by the court without a jury.
8 (t) Voluntary Assignment.
9 For filing each deed of voluntary assignment, $20
10 $10; for recording the same, $0.50 25¢ for each 100
11 words. Exceptions filed to claims presented to an
12 assignee of a debtor who has made a voluntary assignment
13 for the benefit of creditors shall be considered and
14 treated, for the purpose of taxing costs therein, as
15 actions in which the party or parties filing the
16 exceptions shall be considered as party or parties
17 plaintiff, and the claimant or claimants as party or
18 parties defendant, and those parties respectively shall
19 pay to the clerk the same fees as provided by this
20 Section to be paid in other actions.
21 (u) Expungement Petition.
22 The clerk shall be entitled to receive a fee of $60
23 $30 for each expungement petition filed and an additional
24 fee of $4 $2 for each certified copy of an order to
25 expunge arrest records.
26 (v) Probate.
27 The clerk is entitled to receive the fees specified in
28 this subsection (v), which shall be paid in advance, except
29 that, for good cause shown, the court may suspend, reduce, or
30 release the costs payable under this subsection:
31 (1) For administration of the estate of a decedent
32 (whether testate or intestate) or of a missing person,
33 $150 $100, plus the fees specified in subsection (v)(3),
34 except:
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1 (A) When the value of the real and personal
2 property does not exceed $15,000, the fee shall be
3 $40 $25.
4 (B) When (i) proof of heirship alone is made,
5 (ii) a domestic or foreign will is admitted to
6 probate without administration (including proof of
7 heirship), or (iii) letters of office are issued for
8 a particular purpose without administration of the
9 estate, the fee shall be $40 $25.
10 (2) For administration of the estate of a ward, $75
11 $50, plus the fees specified in subsection (v)(3),
12 except:
13 (A) When the value of the real and personal
14 property does not exceed $15,000, the fee shall be
15 $40 $25.
16 (B) When (i) letters of office are issued to a
17 guardian of the person or persons, but not of the
18 estate or (ii) letters of office are issued in the
19 estate of a ward without administration of the
20 estate, including filing or joining in the filing of
21 a tax return or releasing a mortgage or consenting
22 to the marriage of the ward, the fee shall be $20
23 $10.
24 (3) In addition to the fees payable under
25 subsection (v)(1) or (v)(2) of this Section, the
26 following fees are payable:
27 (A) For each account (other than one final
28 account) filed in the estate of a decedent, or ward,
29 $25 $15.
30 (B) For filing a claim in an estate when the
31 amount claimed is $150 or more but less than $500,
32 $20 $10; when the amount claimed is $500 or more but
33 less than $10,000, $40 $25; when the amount claimed
34 is $10,000 or more, $60 $40; provided that the court
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1 in allowing a claim may add to the amount allowed
2 the filing fee paid by the claimant.
3 (C) For filing in an estate a claim, petition,
4 or supplemental proceeding based upon an action
5 seeking equitable relief including the construction
6 or contest of a will, enforcement of a contract to
7 make a will, and proceedings involving testamentary
8 trusts or the appointment of testamentary trustees,
9 $60 $40.
10 (D) For filing in an estate (i) the appearance
11 of any person for the purpose of consent or (ii) the
12 appearance of an executor, administrator,
13 administrator to collect, guardian, guardian ad
14 litem, or special administrator, no fee.
15 (E) Except as provided in subsection
16 (v)(3)(D), for filing the appearance of any person
17 or persons, $30 $10.
18 (F) For each jury demand, $137.50 $102.50.
19 (G) For disposition of the collection of a
20 judgment or settlement of an action or claim for
21 wrongful death of a decedent or of any cause of
22 action of a ward, when there is no other
23 administration of the estate, $50 $30, less any
24 amount paid under subsection (v)(1)(B) or (v)(2)(B)
25 except that if the amount involved does not exceed
26 $5,000, the fee, including any amount paid under
27 subsection (v)(1)(B) or (v)(2)(B), shall be $20 $10.
28 (H) For each certified copy of letters of
29 office, of court order or other certification, $2
30 $1, plus $1 50¢ per page in excess of 3 pages for
31 the document certified.
32 (I) For each exemplification, $2 $1, plus the
33 fee for certification.
34 (4) The executor, administrator, guardian,
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1 petitioner, or other interested person or his or her
2 attorney shall pay the cost of publication by the clerk
3 directly to the newspaper.
4 (5) The person on whose behalf a charge is incurred
5 for witness, court reporter, appraiser, or other
6 miscellaneous fee shall pay the same directly to the
7 person entitled thereto.
8 (6) The executor, administrator, guardian,
9 petitioner, or other interested person or his attorney
10 shall pay to the clerk all postage charges incurred by
11 the clerk in mailing petitions, orders, notices, or other
12 documents pursuant to the provisions of the Probate Act
13 of 1975.
14 (w) Criminal and Quasi-Criminal Costs and Fees.
15 (1) The clerk shall be entitled to costs in all
16 criminal and quasi-criminal cases from each person
17 convicted or sentenced to supervision therein as follows:
18 (A) Felony complaints, $125 $80.
19 (B) Misdemeanor complaints, $75 $50.
20 (C) Business offense complaints, $75 $50.
21 (D) Petty offense complaints, $75 $50.
22 (E) Minor traffic or ordinance violations,
23 $20.
24 (F) When court appearance required, $30.
25 (G) Motions to vacate or amend final orders,
26 $40 $20.
27 (H) Motions to vacate bond forfeiture orders,
28 $30 $20.
29 (I) Motions to vacate ex parte judgments,
30 whenever filed, $30 $20.
31 (J) Motions to vacate judgment on forfeitures,
32 whenever filed, $25 $20.
33 (K) Motions to vacate "failure to appear" or
34 "failure to comply" notices sent to the Secretary of
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1 State, $40 $20.
2 (2) In counties having a population of more than
3 650,000 but fewer than 3,000,000 inhabitants, when the
4 violation complaint is issued by a municipal police
5 department, the clerk shall be entitled to costs from
6 each person convicted therein as follows:
7 (A) Minor traffic or ordinance violations,
8 $10.
9 (B) When court appearance required, $15.
10 (3) In ordinance violation cases punishable by fine
11 only, the clerk of the circuit court shall be entitled to
12 receive, unless the fee is excused upon a finding by the
13 court that the defendant is indigent, in addition to
14 other fees or costs allowed or imposed by law, the sum of
15 $112.50 $50 as a fee for the services of a jury. The
16 jury fee shall be paid by the defendant at the time of
17 filing his or her jury demand. If the fee is not so paid
18 by the defendant, no jury shall be called, and the case
19 shall be tried by the court without a jury.
20 (x) Transcripts of Judgment.
21 For the filing of a transcript of judgment, the
22 clerk shall be entitled to the same fee as if it were the
23 commencement of new suit.
24 (y) Change of Venue.
25 (1) For the filing of a change of case on a change
26 of venue, the clerk shall be entitled to the same fee as
27 if it were the commencement of a new suit.
28 (2) The fee for the preparation and certification
29 of a record on a change of venue to another jurisdiction,
30 when original documents are forwarded, $40 $25.
31 (z) Tax objection complaints.
32 For each tax objection complaint containing one or
33 more tax objections, regardless of the number of parcels
34 involved pertaining to the same taxpayer or the number of
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1 taxpayers joining in the complaint, $50 $25.
2 (aa) Tax Deeds.
3 (1) Petition for tax deed, if only one parcel is
4 involved, $250 $150.
5 (2) For each additional parcel, add a fee of $100
6 $50.
7 (bb) Collections.
8 (1) For all collections made of others, except the
9 State and county and except in maintenance or child
10 support cases, a sum equal to 3.0% 2.5% of the amount
11 collected and turned over.
12 (2) Interest earned on any funds held by the clerk
13 shall be turned over to the county general fund as an
14 earning of the office.
15 (3) For any check, draft, or other bank instrument
16 returned to the clerk for non-sufficient funds, account
17 closed, or payment stopped, $25.
18 (4) In child support and maintenance cases, the
19 clerk, if authorized by an ordinance of the county board,
20 may collect an annual fee of up to $36 from the person
21 making payment for maintaining child support records and
22 the processing of support orders to the State of Illinois
23 KIDS system and the recording of payments issued by the
24 State Disbursement Unit for the official record of the
25 Court. This fee shall be in addition to and separate from
26 amounts ordered to be paid as maintenance or child
27 support and shall be deposited into a Separate
28 Maintenance and Child Support Collection Fund, of which
29 the clerk shall be the custodian, ex-officio, to be used
30 by the clerk to maintain child support orders and record
31 all payments issued by the State Disbursement Unit for
32 the official record of the Court. The clerk may recover
33 from the person making the maintenance or child support
34 payment any additional cost incurred in the collection of
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1 this annual fee.
2 The clerk shall also be entitled to a fee of $5 for
3 certifications made to the Secretary of State as provided
4 in Section 7-703 of the Family Financial Responsibility
5 Law and these fees shall also be deposited into the
6 Separate Maintenance and Child Support Collection Fund.
7 (cc) Corrections of Numbers.
8 For correction of the case number, case title, or
9 attorney computer identification number, if required by
10 rule of court, on any document filed in the clerk's
11 office, to be charged against the party that filed the
12 document, $25 $15.
13 (dd) Exceptions.
14 The fee requirements of this Section shall not apply
15 to police departments or other law enforcement agencies.
16 In this Section, "law enforcement agency" means an agency
17 of the State or a unit of local government which is
18 vested by law or ordinance with the duty to maintain
19 public order and to enforce criminal laws or ordinances.
20 "Law enforcement agency" also means the Attorney General
21 or any state's attorney. The fee requirements of this
22 Section shall not apply to any action instituted under
23 subsection (b) of Section 11-31-1 of the Illinois
24 Municipal Code by a private owner or tenant of real
25 property within 1200 feet of a dangerous or unsafe
26 building seeking an order compelling the owner or owners
27 of the building to take any of the actions authorized
28 under that subsection.
29 (ee) Adoptions.
30 (1) For an adoption.............................$65
31 (2) Upon good cause shown, the court may waive the
32 adoption filing fee in a special needs adoption. The
33 term "special needs adoption" shall have the meaning
34 ascribed to it by the Illinois Department of Children and
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1 Family Services.
2 (ff) Adoption exemptions.
3 No fee other than that set forth in subsection (ee)
4 shall be charged to any person in connection with an
5 adoption proceeding.
6 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
7 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
8 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
9 Sec. 27.2a. The fees of the clerks of the circuit court
10 in all counties having a population of 3,000,000 or more
11 inhabitants in the instances described in this Section shall
12 be as provided in this Section. The fees shall be paid in
13 advance and shall be as follows:
14 (a) Civil Cases.
15 The fee for filing a complaint, petition, or other
16 pleading initiating a civil action, with the following
17 exceptions, shall be $225 $190.
18 (A) When the amount of money or damages or the
19 value of personal property claimed does not exceed
20 $250, $20 $15.
21 (B) When that amount exceeds $250 but does not
22 exceed $1000, $50 $40.
23 (C) When that amount exceeds $1000 but does
24 not exceed $2500, $60 $50.
25 (D) When that amount exceeds $2500 but does
26 not exceed $5000, $125 $100.
27 (E) When that amount exceeds $5000 but does
28 not exceed $15,000, $150.
29 (F) For the exercise of eminent domain, $150.
30 For each additional lot or tract of land or right or
31 interest therein subject to be condemned, the
32 damages in respect to which shall require separate
33 assessment by a jury, $150.
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1 (G) For the final determination of parking,
2 standing, and compliance violations and final
3 administrative decisions issued after hearings
4 regarding vehicle immobilization and impoundment
5 made pursuant to Sections 3-704.1, 6-306.5, and
6 11-208.3 of the Illinois Vehicle Code, $25.
7 (b) Forcible Entry and Detainer.
8 In each forcible entry and detainer case when the
9 plaintiff seeks possession only or unites with his or her
10 claim for possession of the property a claim for rent or
11 damages or both in the amount of $15,000 or less, $100
12 $75. When the plaintiff unites his or her claim for
13 possession with a claim for rent or damages or both
14 exceeding $15,000, $275 $225.
15 (c) Counterclaim or Joining Third Party Defendant.
16 When any defendant files a counterclaim as part of
17 his or her answer or otherwise or joins another party as
18 a third party defendant, or both, the defendant shall pay
19 a fee for each counterclaim or third party action in an
20 amount equal to the fee he or she would have had to pay
21 had he or she brought a separate action for the relief
22 sought in the counterclaim or against the third party
23 defendant, less the amount of the appearance fee, if that
24 has been paid.
25 (d) Confession of Judgment.
26 In a confession of judgment when the amount does not
27 exceed $1500, $75 $60. When the amount exceeds $1500,
28 but does not exceed $5000, $100 $75. When the amount
29 exceeds $5000, but does not exceed $15,000, $225 $175.
30 When the amount exceeds $15,000, $275 $250.
31 (e) Appearance.
32 The fee for filing an appearance in each civil case
33 shall be $100 $75, except as follows:
34 (A) When the plaintiff in a forcible entry and
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1 detainer case seeks possession only, $50 $40.
2 (B) When the amount in the case does not
3 exceed $1500, $50 $40.
4 (C) When that amount exceeds $1500 but does
5 not exceed $15,000, $75 $60.
6 (f) Garnishment, Wage Deduction, and Citation.
7 In garnishment affidavit, wage deduction affidavit,
8 and citation petition when the amount does not exceed
9 $1,000, $20 $15; when the amount exceeds $1,000 but does
10 not exceed $5,000, $40 $30; and when the amount exceeds
11 $5,000, $60 $50.
12 (g) Petition to Vacate or Modify.
13 (1) Petition to vacate or modify any final judgment
14 or order of court, except in forcible entry and detainer
15 cases and small claims cases or a petition to reopen an
16 estate, to modify, terminate, or enforce a judgment or
17 order for child or spousal support, or to modify,
18 suspend, or terminate an order for withholding, if filed
19 before 30 days after the entry of the judgment or order,
20 $60 $50.
21 (2) Petition to vacate or modify any final judgment
22 or order of court, except a petition to modify,
23 terminate, or enforce a judgment or order for child or
24 spousal support or to modify, suspend, or terminate an
25 order for withholding, if filed later than 30 days after
26 the entry of the judgment or order, $90 $75.
27 (3) Petition to vacate order of bond forfeiture,
28 $50 $40.
29 (h) Mailing.
30 When the clerk is required to mail, the fee will be
31 $10, plus the cost of postage.
32 (i) Certified Copies.
33 Each certified copy of a judgment after the first,
34 except in small claims and forcible entry and detainer
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1 cases, $20 $15.
2 (j) Habeas Corpus.
3 For filing a petition for relief by habeas corpus,
4 $150 $125.
5 (k) Certification, Authentication, and Reproduction.
6 (1) Each certification or authentication for taking
7 the acknowledgment of a deed or other instrument in
8 writing with the seal of office, $8 $6.
9 (2) Court appeals when original documents are
10 forwarded, under 100 pages, plus delivery and costs, $100
11 $75.
12 (3) Court appeals when original documents are
13 forwarded, over 100 pages, plus delivery and costs, $185
14 $150.
15 (4) Court appeals when original documents are
16 forwarded, over 200 pages, an additional fee of 25 cents
17 per page.
18 (5) For reproduction of any document contained in
19 the clerk's files:
20 (A) First page, $2.
21 (B) Next 19 pages, 50 cents per page.
22 (C) All remaining pages, 25 cents per page.
23 (l) Remands.
24 In any cases remanded to the Circuit Court from the
25 Supreme Court or the Appellate Court for a new trial, the
26 clerk shall file the remanding order and reinstate the
27 case with either its original number or a new number.
28 The Clerk shall not charge any new or additional fee for
29 the reinstatement. Upon reinstatement the Clerk shall
30 advise the parties of the reinstatement. A party shall
31 have the same right to a jury trial on remand and
32 reinstatement as he or she had before the appeal, and no
33 additional or new fee or charge shall be made for a jury
34 trial after remand.
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1 (m) Record Search.
2 For each record search, within a division or
3 municipal district, the clerk shall be entitled to a
4 search fee of $8 $6 for each year searched.
5 (n) Hard Copy.
6 For each page of hard copy print output, when case
7 records are maintained on an automated medium, the clerk
8 shall be entitled to a fee of $8 $6.
9 (o) Index Inquiry and Other Records.
10 No fee shall be charged for a single
11 plaintiff/defendant index inquiry or single case record
12 inquiry when this request is made in person and the
13 records are maintained in a current automated medium, and
14 when no hard copy print output is requested. The fees to
15 be charged for management records, multiple case records,
16 and multiple journal records may be specified by the
17 Chief Judge pursuant to the guidelines for access and
18 dissemination of information approved by the Supreme
19 Court.
20 (p) Commitment Petitions.
21 For filing commitment petitions under the Mental
22 Health and Developmental Disabilities Code, $60 $50.
23 (q) Alias Summons.
24 For each alias summons or citation issued by the
25 clerk, $6 $5.
26 (r) Other Fees.
27 Any fees not covered in this Section shall be set by
28 rule or administrative order of the Circuit Court with
29 the approval of the Administrative Office of the Illinois
30 Courts.
31 The clerk of the circuit court may provide
32 additional services for which there is no fee specified
33 by statute in connection with the operation of the
34 clerk's office as may be requested by the public and
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1 agreed to by the clerk and approved by the chief judge of
2 the circuit court. Any charges for additional services
3 shall be as agreed to between the clerk and the party
4 making the request and approved by the chief judge of the
5 circuit court. Nothing in this subsection shall be
6 construed to require any clerk to provide any service not
7 otherwise required by law.
8 (s) Jury Services.
9 The clerk shall be entitled to receive, in addition
10 to other fees allowed by law, the sum of $230 $212.50, as
11 a fee for the services of a jury in every civil action
12 not quasi-criminal in its nature and not a proceeding for
13 the exercise of the right of eminent domain and in every
14 other action wherein the right of trial by jury is or may
15 be given by law. The jury fee shall be paid by the party
16 demanding a jury at the time of filing the jury demand.
17 If the fee is not paid by either party, no jury shall be
18 called in the action or proceeding, and the same shall be
19 tried by the court without a jury.
20 (t) Voluntary Assignment.
21 For filing each deed of voluntary assignment, $25
22 $20; for recording the same, 50¢ for each 100 words.
23 Exceptions filed to claims presented to an assignee of a
24 debtor who has made a voluntary assignment for the
25 benefit of creditors shall be considered and treated, for
26 the purpose of taxing costs therein, as actions in which
27 the party or parties filing the exceptions shall be
28 considered as party or parties plaintiff, and the
29 claimant or claimants as party or parties defendant, and
30 those parties respectively shall pay to the clerk the
31 same fees as provided by this Section to be paid in other
32 actions.
33 (u) Expungement Petition.
34 The clerk shall be entitled to receive a fee of $75
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1 $60 for each expungement petition filed and an additional
2 fee of $5 $4 for each certified copy of an order to
3 expunge arrest records.
4 (v) Probate.
5 The clerk is entitled to receive the fees specified in
6 this subsection (v), which shall be paid in advance, except
7 that, for good cause shown, the court may suspend, reduce, or
8 release the costs payable under this subsection:
9 (1) For administration of the estate of a decedent
10 (whether testate or intestate) or of a missing person,
11 $185 $150, plus the fees specified in subsection (v)(3),
12 except:
13 (A) When the value of the real and personal
14 property does not exceed $15,000, the fee shall be
15 $50 $40.
16 (B) When (i) proof of heirship alone is made,
17 (ii) a domestic or foreign will is admitted to
18 probate without administration (including proof of
19 heirship), or (iii) letters of office are issued for
20 a particular purpose without administration of the
21 estate, the fee shall be $50 $40.
22 (2) For administration of the estate of a ward,
23 $100 $75, 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 $50 $40.
28 (B) When (i) letters of office are issued to a
29 guardian of the person or persons, but not of the
30 estate or (ii) letters of office are issued in the
31 estate of a ward without administration of the
32 estate, including filing or joining in the filing of
33 a tax return or releasing a mortgage or consenting
34 to the marriage of the ward, the fee shall be $25
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1 $20.
2 (3) In addition to the fees payable under
3 subsection (v)(1) or (v)(2) of this Section, the
4 following fees are payable:
5 (A) For each account (other than one final
6 account) filed in the estate of a decedent, or ward,
7 $30 $25.
8 (B) For filing a claim in an estate when the
9 amount claimed is $150 or more but less than $500,
10 $25 $20; when the amount claimed is $500 or more but
11 less than $10,000, $50 $40; when the amount claimed
12 is $10,000 or more, $75 $60; provided that the court
13 in allowing a claim may add to the amount allowed
14 the filing fee paid by the claimant.
15 (C) For filing in an estate a claim, petition,
16 or supplemental proceeding based upon an action
17 seeking equitable relief including the construction
18 or contest of a will, enforcement of a contract to
19 make a will, and proceedings involving testamentary
20 trusts or the appointment of testamentary trustees,
21 $75 $60.
22 (D) For filing in an estate (i) the appearance
23 of any person for the purpose of consent or (ii) the
24 appearance of an executor, administrator,
25 administrator to collect, guardian, guardian ad
26 litem, or special administrator, no fee.
27 (E) Except as provided in subsection
28 (v)(3)(D), for filing the appearance of any person
29 or persons, $40 $30.
30 (F) For each jury demand, $170 $137.50.
31 (G) For disposition of the collection of a
32 judgment or settlement of an action or claim for
33 wrongful death of a decedent or of any cause of
34 action of a ward, when there is no other
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1 administration of the estate, $60 $50, less any
2 amount paid under subsection (v)(1)(B) or (v)(2)(B)
3 except that if the amount involved does not exceed
4 $5,000, the fee, including any amount paid under
5 subsection (v)(1)(B) or (v)(2)(B), shall be $25 $20.
6 (H) For each certified copy of letters of
7 office, of court order or other certification, $2,
8 plus $1 per page in excess of 3 pages for the
9 document certified.
10 (I) For each exemplification, $2, plus the fee
11 for certification.
12 (4) The executor, administrator, guardian,
13 petitioner, or other interested person or his or her
14 attorney shall pay the cost of publication by the clerk
15 directly to the newspaper.
16 (5) The person on whose behalf a charge is incurred
17 for witness, court reporter, appraiser, or other
18 miscellaneous fee shall pay the same directly to the
19 person entitled thereto.
20 (6) The executor, administrator, guardian,
21 petitioner, or other interested person or his or her
22 attorney shall pay to the clerk all postage charges
23 incurred by the clerk in mailing petitions, orders,
24 notices, or other documents pursuant to the provisions of
25 the Probate Act of 1975.
26 (w) Criminal and Quasi-Criminal Costs and Fees.
27 (1) The clerk shall be entitled to costs in all
28 criminal and quasi-criminal cases from each person
29 convicted or sentenced to supervision therein as follows:
30 (A) Felony complaints, $150 $125.
31 (B) Misdemeanor complaints, $100 $75.
32 (C) Business offense complaints, $100 $75.
33 (D) Petty offense complaints, $100 $75.
34 (E) Minor traffic or ordinance violations,
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1 $30.
2 (F) When court appearance required, $50.
3 (G) Motions to vacate or amend final orders,
4 $50 $40.
5 (H) Motions to vacate bond forfeiture orders,
6 $40 $30.
7 (I) Motions to vacate ex parte judgments,
8 whenever filed, $40 $30.
9 (J) Motions to vacate judgment on forfeitures,
10 whenever filed, $30 $25.
11 (K) Motions to vacate "failure to appear" or
12 "failure to comply" notices sent to the Secretary of
13 State, $50 $40.
14 (2) In counties having a population of 3,000,000 or
15 more, when the violation complaint is issued by a
16 municipal police department, the clerk shall be entitled
17 to costs from each person convicted therein as follows:
18 (A) Minor traffic or ordinance violations, $40
19 $30.
20 (B) When court appearance required, $60 $50.
21 (3) In ordinance violation cases punishable by fine
22 only, the clerk of the circuit court shall be entitled to
23 receive, unless the fee is excused upon a finding by the
24 court that the defendant is indigent, in addition to
25 other fees or costs allowed or imposed by law, the sum of
26 $140 $112.50 as a fee for the services of a jury. The
27 jury fee shall be paid by the defendant at the time of
28 filing his or her jury demand. If the fee is not so paid
29 by the defendant, no jury shall be called, and the case
30 shall be tried by the court without a jury.
31 (x) Transcripts of Judgment.
32 For the filing of a transcript of judgment, the
33 clerk shall be entitled to the same fee as if it were the
34 commencement of a new suit.
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1 (y) Change of Venue.
2 (1) For the filing of a change of case on a change
3 of venue, the clerk shall be entitled to the same fee as
4 if it were the commencement of a new suit.
5 (2) The fee for the preparation and certification
6 of a record on a change of venue to another jurisdiction,
7 when original documents are forwarded, $50 $40.
8 (z) Tax objection complaints.
9 For each tax objection complaint containing one or
10 more tax objections, regardless of the number of parcels
11 involved or the number of taxpayers joining in the
12 complaint, $60 $50.
13 (aa) Tax Deeds.
14 (1) Petition for tax deed, if only one parcel is
15 involved, $300 $250.
16 (2) For each additional parcel, add a fee of $125
17 $100.
18 (bb) Collections.
19 (1) For all collections made of others, except the
20 State and county and except in maintenance or child
21 support cases, a sum equal to 3.0% of the amount
22 collected and turned over.
23 (2) Interest earned on any funds held by the clerk
24 shall be turned over to the county general fund as an
25 earning of the office.
26 (3) For any check, draft, or other bank instrument
27 returned to the clerk for non-sufficient funds, account
28 closed, or payment stopped, $25.
29 (4) In child support and maintenance cases, the
30 clerk, if authorized by an ordinance of the county board,
31 may collect an annual fee of up to $36 from the person
32 making payment for maintaining child support records and
33 the processing of support orders to the State of Illinois
34 KIDS system and the recording of payments issued by the
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1 State Disbursement Unit for the official record of the
2 Court. This fee shall be in addition to and separate
3 from amounts ordered to be paid as maintenance or child
4 support and shall be deposited into a Separate
5 Maintenance and Child Support Collection Fund, of which
6 the clerk shall be the custodian, ex-officio, to be used
7 by the clerk to maintain child support orders and record
8 all payments issued by the State Disbursement Unit for
9 the official record of the Court. The clerk may recover
10 from the person making the maintenance or child support
11 payment any additional cost incurred in the collection of
12 this annual fee.
13 The clerk shall also be entitled to a fee of $5 for
14 certifications made to the Secretary of State as provided
15 in Section 7-703 of the Family Financial Responsibility
16 Law and these fees shall also be deposited into the
17 Separate Maintenance and Child Support Collection Fund.
18 (cc) Corrections of Numbers.
19 For correction of the case number, case title, or
20 attorney computer identification number, if required by
21 rule of court, on any document filed in the clerk's
22 office, to be charged against the party that filed the
23 document, $30 $25.
24 (dd) Exceptions.
25 (1) The fee requirements of this Section shall not
26 apply to police departments or other law enforcement
27 agencies. In this Section, "law enforcement agency"
28 means an agency of the State or a unit of local
29 government which is vested by law or ordinance with the
30 duty to maintain public order and to enforce criminal
31 laws or ordinances. "Law enforcement agency" also means
32 the Attorney General or any state's attorney.
33 (2) No fee provided herein shall be charged to any
34 unit of local government or school district. The fee
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1 requirements of this Section shall not apply to any
2 action instituted under subsection (b) of Section 11-31-1
3 of the Illinois Municipal Code by a private owner or
4 tenant of real property within 1200 feet of a dangerous
5 or unsafe building seeking an order compelling the owner
6 or owners of the building to take any of the actions
7 authorized under that subsection.
8 (ee) Adoption.
9 (1) For an adoption.............................$65
10 (2) Upon good cause shown, the court may waive the
11 adoption filing fee in a special needs adoption. The
12 term "special needs adoption" shall have the meaning
13 ascribed to it by the Illinois Department of Children and
14 Family Services.
15 (ff) Adoption exemptions.
16 No fee other than that set forth in subsection (ee)
17 shall be charged to any person in connection with an
18 adoption proceeding.
19 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
20 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 91-821, eff.
21 6-13-00.)
22 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
23 Sec. 27.5. All fees, fines, costs, additional penalties,
24 bail balances assessed or forfeited, and any other amount
25 paid by a person to the circuit clerk that equals an amount
26 less than $55, except restitution under Section 5-5-6 of the
27 Unified Code of Corrections, reimbursement for the costs of
28 an emergency response as provided under Section 5-5-3 of the
29 Unified Code of Corrections, any fees collected for attending
30 a traffic safety program under paragraph (c) of Supreme Court
31 Rule 529, any fee collected on behalf of a State's Attorney
32 under Section 4-2002 of the Counties Code or a sheriff under
33 Section 4-5001 of the Counties Code, or any cost imposed
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1 under Section 124A-5 of the Code of Criminal Procedure of
2 1963, for convictions, orders of supervision, or any other
3 disposition for a violation of Chapters 3, 4, 6, 11, and 12
4 of the Illinois Vehicle Code, or a similar provision of a
5 local ordinance, and any violation of the Child Passenger
6 Protection Act, or a similar provision of a local ordinance,
7 fees collected for electronic monitoring, drug or alcohol
8 testing and screening, probation fees authorized under
9 Section 5-6-3 of the Unified Code of Corrections, and
10 supervision fees authorized under Section 5-6-3.1 of the
11 Unified Code of Corrections, shall be disbursed within 60
12 days after receipt by the circuit clerk as follows: 47%
13 shall be disbursed to the entity authorized by law to receive
14 the fine imposed in the case; 12% shall be disbursed to the
15 State Treasurer; and 41% shall be disbursed to the county's
16 general corporate fund. Of the 12% disbursed to the State
17 Treasurer, 1/6 shall be deposited by the State Treasurer into
18 the Violent Crime Victims Assistance Fund, 1/2 shall be
19 deposited into the Traffic and Criminal Conviction Surcharge
20 Fund, and 1/3 shall be deposited into the Drivers Education
21 Fund. For fiscal years 1992 and 1993, amounts deposited into
22 the Violent Crime Victims Assistance Fund, the Traffic and
23 Criminal Conviction Surcharge Fund, or the Drivers Education
24 Fund shall not exceed 110% of the amounts deposited into
25 those funds in fiscal year 1991. Any amount that exceeds the
26 110% limit shall be distributed as follows: 50% shall be
27 disbursed to the county's general corporate fund and 50%
28 shall be disbursed to the entity authorized by law to receive
29 the fine imposed in the case. Not later than March 1 of each
30 year the circuit clerk shall submit a report of the amount of
31 funds remitted to the State Treasurer under this Section
32 during the preceding year based upon independent verification
33 of fines and fees. All counties shall be subject to this
34 Section, except that counties with a population under
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1 2,000,000 may, by ordinance, elect not to be subject to this
2 Section. For offenses subject to this Section, judges shall
3 impose one total sum of money payable for violations. The
4 circuit clerk may add on no additional amounts except for
5 amounts that are required by Sections 27.3a and 27.3c of this
6 Act, unless those amounts are specifically waived by the
7 judge. With respect to money collected by the circuit clerk
8 as a result of forfeiture of bail, ex parte judgment or
9 guilty plea pursuant to Supreme Court Rule 529, the circuit
10 clerk shall first deduct and pay amounts required by Sections
11 27.3a and 27.3c of this Act. This Section is a denial and
12 limitation of home rule powers and functions under subsection
13 (h) of Section 6 of Article VII of the Illinois Constitution.
14 (Source: P.A. 89-234, eff. 1-1-96.)
15 (705 ILCS 105/27.6)
16 Sec. 27.6. (a) All fees, fines, costs, additional
17 penalties, bail balances assessed or forfeited, and any other
18 amount paid by a person to the circuit clerk equalling an
19 amount of $55 or more, except the additional fee required by
20 subsections (b) and (c), restitution under Section 5-5-6 of
21 the Unified Code of Corrections, reimbursement for the costs
22 of an emergency response as provided under Section 5-5-3 of
23 the Unified Code of Corrections, any fees collected for
24 attending a traffic safety program under paragraph (c) of
25 Supreme Court Rule 529, any fee collected on behalf of a
26 State's Attorney under Section 4-2002 of the Counties Code or
27 a sheriff under Section 4-5001 of the Counties Code, or any
28 cost imposed under Section 124A-5 of the Code of Criminal
29 Procedure of 1963, for convictions, orders of supervision, or
30 any other disposition for a violation of Chapters 3, 4, 6,
31 11, and 12 of the Illinois Vehicle Code, or a similar
32 provision of a local ordinance, and any violation of the
33 Child Passenger Protection Act, or a similar provision of a
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1 local ordinance, fees collected for electronic monitoring,
2 drug or alcohol testing and screening, probation fees
3 authorized under Section 5-6-3 of the Unified Code of
4 Corrections, and supervision fees authorized under Section
5 5-6-3.1 of the Unified Code of Corrections, shall be
6 disbursed within 60 days after receipt by the circuit clerk
7 as follows: 44.5% shall be disbursed to the entity
8 authorized by law to receive the fine imposed in the case;
9 16.825% shall be disbursed to the State Treasurer; and
10 38.675% shall be disbursed to the county's general corporate
11 fund. Of the 16.825% disbursed to the State Treasurer, 2/17
12 shall be deposited by the State Treasurer into the Violent
13 Crime Victims Assistance Fund, 5.052/17 shall be deposited
14 into the Traffic and Criminal Conviction Surcharge Fund, 3/17
15 shall be deposited into the Drivers Education Fund, and
16 6.948/17 shall be deposited into the Trauma Center Fund. Of
17 the 6.948/17 deposited into the Trauma Center Fund from the
18 16.825% disbursed to the State Treasurer, 50% shall be
19 disbursed to the Department of Public Health and 50% shall be
20 disbursed to the Department of Public Aid. For fiscal year
21 1993, amounts deposited into the Violent Crime Victims
22 Assistance Fund, the Traffic and Criminal Conviction
23 Surcharge Fund, or the Drivers Education Fund shall not
24 exceed 110% of the amounts deposited into those funds in
25 fiscal year 1991. Any amount that exceeds the 110% limit
26 shall be distributed as follows: 50% shall be disbursed to
27 the county's general corporate fund and 50% shall be
28 disbursed to the entity authorized by law to receive the fine
29 imposed in the case. Not later than March 1 of each year the
30 circuit clerk shall submit a report of the amount of funds
31 remitted to the State Treasurer under this Section during the
32 preceding year based upon independent verification of fines
33 and fees. All counties shall be subject to this Section,
34 except that counties with a population under 2,000,000 may,
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1 by ordinance, elect not to be subject to this Section. For
2 offenses subject to this Section, judges shall impose one
3 total sum of money payable for violations. The circuit clerk
4 may add on no additional amounts except for amounts that are
5 required by Sections 27.3a and 27.3c of this Act, unless
6 those amounts are specifically waived by the judge. With
7 respect to money collected by the circuit clerk as a result
8 of forfeiture of bail, ex parte judgment or guilty plea
9 pursuant to Supreme Court Rule 529, the circuit clerk shall
10 first deduct and pay amounts required by Sections 27.3a and
11 27.3c of this Act. This Section is a denial and limitation of
12 home rule powers and functions under subsection (h) of
13 Section 6 of Article VII of the Illinois Constitution.
14 (b) In addition to any other fines and court costs
15 assessed by the courts, any person convicted or receiving an
16 order of supervision for driving under the influence of
17 alcohol or drugs shall pay an additional fee of $25 to the
18 clerk of the circuit court. This amount, less 2 1/2% that
19 shall be used to defray administrative costs incurred by the
20 clerk, shall be remitted by the clerk to the Treasurer within
21 60 days after receipt for deposit into the Trauma Center
22 Fund. This additional fee of $25 shall not be considered a
23 part of the fine for purposes of any reduction in the fine
24 for time served either before or after sentencing. Not later
25 than March 1 of each year the Circuit Clerk shall submit a
26 report of the amount of funds remitted to the State Treasurer
27 under this subsection during the preceding calendar year.
28 (c) In addition to any other fines and court costs
29 assessed by the courts, any person convicted for a violation
30 of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
31 1961 or a person sentenced for a violation of the Cannabis
32 Control Act or the Controlled Substance Act shall pay an
33 additional fee of $100 to the clerk of the circuit court.
34 This amount, less 2 1/2% that shall be used to defray
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1 administrative costs incurred by the clerk, shall be remitted
2 by the clerk to the Treasurer within 60 days after receipt
3 for deposit into the Trauma Center Fund. This additional fee
4 of $100 shall not be considered a part of the fine for
5 purposes of any reduction in the fine for time served either
6 before or after sentencing. Not later than March 1 of each
7 year the Circuit Clerk shall submit a report of the amount of
8 funds remitted to the State Treasurer under this subsection
9 during the preceding calendar year.
10 (Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96;
11 89-516, eff. 7-18-96; 89-626, eff. 8-9-96.)".