State of Illinois
92nd General Assembly
Legislation

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92_SB0767

 
                                               LRB9205220REpc

 1        AN ACT concerning fees.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Counties  Code  is  amended  by  changing
 5    Section 4-12001 as follows:

 6        (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
 7        Sec.  4-12001.  Fees  of sheriff in third class counties.
 8    The officers herein named, in counties of  the  third  class,
 9    are  shall  be entitled to receive the fees herein specified,
10    for the services mentioned and such  other  fees  as  may  be
11    provided   by   law   for  such  other  services  not  herein
12    designated.
13    Fees for Sheriff
14        For serving or attempting to serve any  summons  on  each
15    defendant, $15.
16        For  serving or attempting to serve each alias summons or
17    other process mileage will be charged as hereinafter provided
18    when the address for service differs  from  the  address  for
19    service on the original summons or other process.
20        For  serving or attempting to serve all other process, on
21    each defendant, $15.
22        For serving or attempting to serve  a  subpoena  on  each
23    witness, $25.
24        For serving or attempting to serve each warrant, $15.
25        For serving or attempting to serve each garnishee, $15.
26        For summoning each juror, $10.
27        For serving or attempting to serve each order or judgment
28    for replevin, $15.
29        For   serving   or  attempting  to  serve  an  order  for
30    attachment, on each defendant, $15.
31        For serving or attempting to serve an order  or  judgment
 
                            -2-                LRB9205220REpc
 1    for  the  possession of real estate in an action of ejectment
 2    or in any other action, or for restitution in  an  action  of
 3    forcible  entry  and detainer, without aid, $15, and when aid
 4    is necessary, the sheriff shall be allowed to tax in addition
 5    the actual costs thereof.
 6        For serving or attempting to serve  notice  of  judgment,
 7    $15.
 8        For  levying  to  satisfy  an  order  in  an  action  for
 9    attachment, $15.
10        For  executing order of court to seize personal property,
11    $15.
12        For making certificate of levy on real estate and  filing
13    or  recording  same,  $8, and the fee for filing or recording
14    shall be advanced by the plaintiff in attachment  or  by  the
15    judgment  creditor  and taxed as costs. For taking possession
16    of or removing property  levied  on,  the  sheriff  shall  be
17    allowed  to tax the necessary actual costs of such possession
18    or removal.
19        For advertising property for sale, $8.
20        For making certificate of  sale  and  making  and  filing
21    duplicate  for  record,  $8,  and  the fee for recording same
22    shall be advanced by  the  judgment  creditor  and  taxed  as
23    costs.
24        For   preparing,  executing  and  acknowledging  deed  on
25    redemption from  a  court  sale  of  real  estate,  $15;  for
26    preparing,  executing  and  acknowledging  all other deeds on
27    sale of real estate, $10.
28        For making and filing certificate of redemption, $9,  and
29    the  fee for recording same shall be advanced by party making
30    the redemption and taxed as costs.
31        For making and filing certificate of  redemption  from  a
32    court  sale,  $11,  and  the  fee for recording same shall be
33    advanced by the party making  the  redemption  and  taxed  as
34    costs.
 
                            -3-                LRB9205220REpc
 1        For taking all bonds on legal process, $5.
 2        For taking special bail, $5.
 3        For returning each process, $8.
 4        Mileage  for service or attempted service of all process,
 5    20¢ per mile each  way  necessarily  traveled  in  making  or
 6    attempting  to  make  such service computed from the place of
 7    holding court.
 8        For attending before a court with a prisoner on an  order
 9    for habeas corpus, $9 per day.
10        For executing requisitions from other States, $13.
11        For conveying each prisoner from the prisoner's county to
12    the jail of another county, per mile for going only, 25¢.
13        For committing to or discharging each prisoner from jail,
14    $3.
15        For  feeding  each  prisoner,  such compensation to cover
16    actual costs as may be fixed by the county  board,  but  such
17    compensation  shall  not  be considered a part of the fees of
18    the office.
19        For committing each prisoner to jail under  the  laws  of
20    the  United States, to be paid by the marshal or other person
21    requiring his confinement, $3.
22        For feeding such prisoners per day, $3, to be paid by the
23    marshal or other person requiring the prisoner's confinement.
24        For discharging such prisoners, $3.
25        For conveying persons to the penitentiary, reformatories,
26    Illinois State  Training  School  for  Boys,  Illinois  State
27    Training  School  for  Girls,  Reception Centers and Illinois
28    Security Hospital, the following fees,  payable  out  of  the
29    State Treasury.  When one person is conveyed, 20¢ per mile in
30    going  to  the  penitentiary,  reformatories,  Illinois State
31    Training School for Boys, Illinois State Training School  for
32    Girls,  Reception Centers and Illinois Security Hospital from
33    the place of conviction; when 2 persons are conveyed  at  the
34    same  time,  20¢  per mile for the first and 15¢ per mile for
 
                            -4-                LRB9205220REpc
 1    the second person; when more than 2 persons are  conveyed  at
 2    the  same  time as Stated above, the sheriff shall be allowed
 3    20¢ per mile for the first, 15¢ per mile for the  second  and
 4    10¢ per mile for each additional person.
 5        The  fees provided for herein for transporting persons to
 6    the  penitentiary,  reformatories,  Illinois  State  Training
 7    School for Boys, Illinois State Training  School  for  Girls,
 8    Reception  Centers  and  Illinois Security Hospital, shall be
 9    paid for each trip so made.  Mileage as used in this  Section
10    means  the  shortest  route  on a hard surfaced road, (either
11    State Bond Issue Route  or  Federal  highways)  or  railroad,
12    whichever is shorter, between the place from which the person
13    is  to  be  transported,  to the penitentiary, reformatories,
14    Illinois State  Training  School  for  Boys,  Illinois  State
15    Training  School  for  Girls,  Reception Centers and Illinois
16    Security Hospital, and all fees per mile shall be computed on
17    such basis.
18        In addition to the above fees, there shall be allowed  to
19    the  sheriff  a fee of $900 for the sale of real estate which
20    shall be made by virtue  of  any  judgment  of  a  court.  In
21    addition  to  this  fee  and  all other fees provided by this
22    Section, there shall be allowed  to  the  sheriff  a  fee  in
23    accordance  with  the  following  schedule  for  the  sale of
24    personal estate which is made by virtue of any judgment of  a
25    court:
26        For judgments up to $1,000, $85;
27        For judgments over $1,000 to $15,000, $175;
28        For judgments over $15,000, $400.
29        In  all  cases  where  the  judgment  is  settled  by the
30    parties, replevied, stopped by injunction or paid,  or  where
31    the  property  levied  upon is not actually sold, the sheriff
32    shall be allowed the fee for levying  and  mileage,  together
33    with half the fee for all money collected by him or her which
34    he  or she would be entitled to if the same were made by sale
 
                            -5-                LRB9205220REpc
 1    in the enforcement of a judgment.  In no case shall  the  fee
 2    exceed the amount of money arising from the sale.
 3        The  fee  requirements  of  this  Section do not apply to
 4    police departments or other law  enforcement  agencies.   For
 5    the  purposes of this Section, "law enforcement agency" means
 6    an agency of the State or unit of local government  which  is
 7    vested  by  law or ordinance with the duty to maintain public
 8    order and to enforce criminal laws or ordinances.
 9        The fee requirements of this  Section  do  not  apply  to
10    units of local government or school districts.
11    (Source: P.A. 86-962; 87-669; 87-670.)

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