Bill Text: IL HB5708 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Cannabis Control Act. Provides that the knowing possession of not more than 30 grams of any substance containing cannabis is a petty offense charged by a Uniform Cannabis Ticket with a fine of $100 (rather than a Class C misdemeanor for 2.5 grams or less, a Class B misdemeanor for more than 2.5 grams to 10 grams, and a Class A misdemeanor for more than 10 grams to 30 grams). Provides that knowing possession of more than 30 grams but not more than 500 grams of any substance containing cannabis is a Class A misdemeanor for a first offense (rather than a Class 4 felony) and a Class 4 felony for a subsequent offense (rather than a Class 3 felony). Amends the Code of Criminal Procedure of 1963. Establishes procedures concerning the Uniform Cannabis Ticket.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB5708 Detail]
Download: Illinois-2013-HB5708-Amended.html
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1 | AMENDMENT TO HOUSE BILL 5708
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2 | AMENDMENT NO. ______. Amend House Bill 5708 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Identification Act is amended by | ||||||
5 | changing Sections 5 and 5.2 as follows:
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6 | (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
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7 | (Text of Section before amendment by P.A. 98-528 )
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8 | Sec. 5. Arrest reports. All policing bodies of this State | ||||||
9 | shall furnish to the Department,
daily, in the form and detail | ||||||
10 | the Department requires, fingerprints and
descriptions of all | ||||||
11 | persons who are arrested on charges of violating any penal
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12 | statute of this State for offenses that are classified as | ||||||
13 | felonies and Class
A or B misdemeanors and of all minors of the | ||||||
14 | age of 10 and over who have been
arrested for an offense which | ||||||
15 | would be a felony if committed by an adult, and
may forward | ||||||
16 | such fingerprints and descriptions for minors arrested for |
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1 | Class A
or B misdemeanors. Moving or nonmoving traffic | ||||||
2 | violations under the Illinois
Vehicle Code shall not be | ||||||
3 | reported except for violations of Chapter 4, Section
11-204.1, | ||||||
4 | or Section 11-501 of that Code. In addition, conservation | ||||||
5 | offenses,
as defined in the Supreme Court Rule 501(c), that are | ||||||
6 | classified as Class B
misdemeanors shall not be reported. Those | ||||||
7 | law enforcement records maintained by the Department for minors | ||||||
8 | arrested for an offense prior to their 17th birthday, or minors | ||||||
9 | arrested for a non-felony offense, if committed by an adult, | ||||||
10 | prior to their 18th birthday, shall not be forwarded to the | ||||||
11 | Federal Bureau of Investigation unless those records relate to | ||||||
12 | an arrest in which a minor was charged as an adult under any of | ||||||
13 | the transfer provisions of the Juvenile Court Act of 1987.
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14 | (Source: P.A. 95-955, eff. 1-1-09; 96-328, eff. 8-11-09; | ||||||
15 | 96-409, eff. 1-1-10; 96-707, eff. 1-1-10; 96-1000, eff. | ||||||
16 | 7-2-10.)
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17 | (Text of Section after amendment by P.A. 98-528 )
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18 | Sec. 5. Arrest reports. All policing bodies of this State | ||||||
19 | shall furnish to the Department,
daily, in the form and detail | ||||||
20 | the Department requires, fingerprints,
descriptions, and | ||||||
21 | ethnic and racial background data as provided in Section 4.5 of | ||||||
22 | this Act of all persons who are arrested on charges of | ||||||
23 | violating any penal
statute of this State for offenses that are | ||||||
24 | classified as felonies and Class
A or B misdemeanors and of all | ||||||
25 | minors of the age of 10 and over who have been
arrested for an |
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1 | offense which would be a felony if committed by an adult, and
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2 | may forward such fingerprints and descriptions for minors | ||||||
3 | arrested for Class A
or B misdemeanors. An offense classified | ||||||
4 | as a regulatory offense, as defined in the Unified Code of | ||||||
5 | Corrections, shall not be reported. Moving or nonmoving traffic | ||||||
6 | violations under the Illinois
Vehicle Code shall not be | ||||||
7 | reported except for violations of Chapter 4, Section
11-204.1, | ||||||
8 | or Section 11-501 of that Code. In addition, conservation | ||||||
9 | offenses,
as defined in the Supreme Court Rule 501(c), that are | ||||||
10 | classified as Class B
misdemeanors shall not be reported. Those | ||||||
11 | law enforcement records maintained by the Department for minors | ||||||
12 | arrested for an offense prior to their 17th birthday, or minors | ||||||
13 | arrested for a non-felony offense, if committed by an adult, | ||||||
14 | prior to their 18th birthday, shall not be forwarded to the | ||||||
15 | Federal Bureau of Investigation unless those records relate to | ||||||
16 | an arrest in which a minor was charged as an adult under any of | ||||||
17 | the transfer provisions of the Juvenile Court Act of 1987.
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18 | (Source: P.A. 98-528, eff. 1-1-15.)
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19 | (20 ILCS 2630/5.2)
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20 | Sec. 5.2. Expungement and sealing. | ||||||
21 | (a) General Provisions. | ||||||
22 | (1) Definitions. In this Act, words and phrases have
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23 | the meanings set forth in this subsection, except when a
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24 | particular context clearly requires a different meaning. | ||||||
25 | (A) The following terms shall have the meanings |
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1 | ascribed to them in the Unified Code of Corrections, | ||||||
2 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
3 | (i) Business Offense (730 ILCS 5/5-1-2), | ||||||
4 | (ii) Charge (730 ILCS 5/5-1-3), | ||||||
5 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
6 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
7 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
8 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
9 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
10 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
11 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
12 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
13 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
14 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
15 | (xii-1) Regulatory offense (730 ILCS | ||||||
16 | 5/5-1-18.1-1), | ||||||
17 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
18 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
19 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
20 | (B) As used in this Section, "charge not initiated | ||||||
21 | by arrest" means a charge (as defined by 730 ILCS | ||||||
22 | 5/5-1-3) brought against a defendant where the | ||||||
23 | defendant is not arrested prior to or as a direct | ||||||
24 | result of the charge. | ||||||
25 | (C) "Conviction" means a judgment of conviction or | ||||||
26 | sentence entered upon a plea of guilty or upon a |
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1 | verdict or finding of guilty of an offense, rendered by | ||||||
2 | a legally constituted jury or by a court of competent | ||||||
3 | jurisdiction authorized to try the case without a jury. | ||||||
4 | An order of supervision successfully completed by the | ||||||
5 | petitioner is not a conviction. An order of qualified | ||||||
6 | probation (as defined in subsection (a)(1)(J)) | ||||||
7 | successfully completed by the petitioner is not a | ||||||
8 | conviction. An order of supervision or an order of | ||||||
9 | qualified probation that is terminated | ||||||
10 | unsatisfactorily is a conviction, unless the | ||||||
11 | unsatisfactory termination is reversed, vacated, or | ||||||
12 | modified and the judgment of conviction, if any, is | ||||||
13 | reversed or vacated. | ||||||
14 | (D) "Criminal offense" means a petty offense, | ||||||
15 | business offense, misdemeanor, felony, or municipal | ||||||
16 | ordinance violation (as defined in subsection | ||||||
17 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
18 | offense (as defined in subsection (a)(1)(G)) and a | ||||||
19 | regulatory offense shall not be considered a criminal | ||||||
20 | offense. | ||||||
21 | (E) "Expunge" means to physically destroy the | ||||||
22 | records or return them to the petitioner and to | ||||||
23 | obliterate the petitioner's name from any official | ||||||
24 | index or public record, or both. Nothing in this Act | ||||||
25 | shall require the physical destruction of the circuit | ||||||
26 | court file, but such records relating to arrests or |
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1 | charges, or both, ordered expunged shall be impounded | ||||||
2 | as required by subsections (d)(9)(A)(ii) and | ||||||
3 | (d)(9)(B)(ii). | ||||||
4 | (F) As used in this Section, "last sentence" means | ||||||
5 | the sentence, order of supervision, or order of | ||||||
6 | qualified probation (as defined by subsection | ||||||
7 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
8 | subsection (a)(1)(D)) that terminates last in time in | ||||||
9 | any jurisdiction, regardless of whether the petitioner | ||||||
10 | has included the criminal offense for which the | ||||||
11 | sentence or order of supervision or qualified | ||||||
12 | probation was imposed in his or her petition. If | ||||||
13 | multiple sentences, orders of supervision, or orders | ||||||
14 | of qualified probation terminate on the same day and | ||||||
15 | are last in time, they shall be collectively considered | ||||||
16 | the "last sentence" regardless of whether they were | ||||||
17 | ordered to run concurrently. | ||||||
18 | (G) "Minor traffic offense" means a petty offense, | ||||||
19 | business offense, or Class C misdemeanor under the | ||||||
20 | Illinois Vehicle Code or a similar provision of a | ||||||
21 | municipal or local ordinance. | ||||||
22 | (H) "Municipal ordinance violation" means an | ||||||
23 | offense defined by a municipal or local ordinance that | ||||||
24 | is criminal in nature and with which the petitioner was | ||||||
25 | charged or for which the petitioner was arrested and | ||||||
26 | released without charging. |
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1 | (I) "Petitioner" means an adult or a minor | ||||||
2 | prosecuted as an
adult who has applied for relief under | ||||||
3 | this Section. | ||||||
4 | (J) "Qualified probation" means an order of | ||||||
5 | probation under Section 10 of the Cannabis Control Act, | ||||||
6 | Section 410 of the Illinois Controlled Substances Act, | ||||||
7 | Section 70 of the Methamphetamine Control and | ||||||
8 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
9 | of the Unified Code of Corrections, Section | ||||||
10 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
11 | those provisions existed before their deletion by | ||||||
12 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
13 | Alcoholism and Other Drug Dependency Act, Section | ||||||
14 | 40-10 of the Alcoholism and Other Drug Abuse and | ||||||
15 | Dependency Act, or Section 10 of the Steroid Control | ||||||
16 | Act. For the purpose of this Section, "successful | ||||||
17 | completion" of an order of qualified probation under | ||||||
18 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
19 | Drug Dependency Act and Section 40-10 of the Alcoholism | ||||||
20 | and Other Drug Abuse and Dependency Act means that the | ||||||
21 | probation was terminated satisfactorily and the | ||||||
22 | judgment of conviction was vacated. | ||||||
23 | (K) "Seal" means to physically and electronically | ||||||
24 | maintain the records, unless the records would | ||||||
25 | otherwise be destroyed due to age, but to make the | ||||||
26 | records unavailable without a court order, subject to |
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1 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
2 | petitioner's name shall also be obliterated from the | ||||||
3 | official index required to be kept by the circuit court | ||||||
4 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
5 | any index issued by the circuit court clerk before the | ||||||
6 | entry of the order to seal shall not be affected. | ||||||
7 | (L) "Sexual offense committed against a minor" | ||||||
8 | includes but is
not limited to the offenses of indecent | ||||||
9 | solicitation of a child
or criminal sexual abuse when | ||||||
10 | the victim of such offense is
under 18 years of age. | ||||||
11 | (M) "Terminate" as it relates to a sentence or | ||||||
12 | order of supervision or qualified probation includes | ||||||
13 | either satisfactory or unsatisfactory termination of | ||||||
14 | the sentence, unless otherwise specified in this | ||||||
15 | Section. | ||||||
16 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
17 | convictions for minor traffic offenses shall not affect a | ||||||
18 | petitioner's eligibility to expunge or seal records | ||||||
19 | pursuant to this Section. | ||||||
20 | (2.5) Regulatory Offenses. Convictions or pleas of | ||||||
21 | guilty for regulatory offenses shall not affect a | ||||||
22 | petitioner's eligibility to expunge or seal records under | ||||||
23 | this Section. | ||||||
24 | (3) Exclusions. Except as otherwise provided in | ||||||
25 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
26 | of this Section, the court shall not order: |
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1 | (A) the sealing or expungement of the records of | ||||||
2 | arrests or charges not initiated by arrest that result | ||||||
3 | in an order of supervision for or conviction of:
(i) | ||||||
4 | any sexual offense committed against a
minor; (ii) | ||||||
5 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
6 | similar provision of a local ordinance; or (iii) | ||||||
7 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
8 | similar provision of a local ordinance, unless the | ||||||
9 | arrest or charge is for a misdemeanor violation of | ||||||
10 | subsection (a) of Section 11-503 or a similar provision | ||||||
11 | of a local ordinance, that occurred prior to the | ||||||
12 | offender reaching the age of 25 years and the offender | ||||||
13 | has no other conviction for violating Section 11-501 or | ||||||
14 | 11-503 of the Illinois Vehicle Code or a similar | ||||||
15 | provision of a local ordinance. | ||||||
16 | (B) the sealing or expungement of records of minor | ||||||
17 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
18 | unless the petitioner was arrested and released | ||||||
19 | without charging. | ||||||
20 | (C) the sealing of the records of arrests or | ||||||
21 | charges not initiated by arrest which result in an | ||||||
22 | order of supervision, an order of qualified probation | ||||||
23 | (as defined in subsection (a)(1)(J)), or a conviction | ||||||
24 | for the following offenses: | ||||||
25 | (i) offenses included in Article 11 of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012 |
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1 | or a similar provision of a local ordinance, except | ||||||
2 | Section 11-14 of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012, or a similar provision of a | ||||||
4 | local ordinance; | ||||||
5 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
6 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
7 | Criminal Code of 2012, or a similar provision of a | ||||||
8 | local ordinance; | ||||||
9 | (iii) offenses defined as "crimes of violence" | ||||||
10 | in Section 2 of the Crime Victims Compensation Act | ||||||
11 | or a similar provision of a local ordinance; | ||||||
12 | (iv) offenses which are Class A misdemeanors | ||||||
13 | under the Humane Care for Animals Act; or | ||||||
14 | (v) any offense or attempted offense that | ||||||
15 | would subject a person to registration under the | ||||||
16 | Sex Offender Registration Act. | ||||||
17 | (D) the sealing of the records of an arrest which | ||||||
18 | results in
the petitioner being charged with a felony | ||||||
19 | offense or records of a charge not initiated by arrest | ||||||
20 | for a felony offense unless: | ||||||
21 | (i) the charge is amended to a misdemeanor and | ||||||
22 | is otherwise
eligible to be sealed pursuant to | ||||||
23 | subsection (c); | ||||||
24 | (ii) the charge is brought along with another | ||||||
25 | charge as a part of one case and the charge results | ||||||
26 | in acquittal, dismissal, or conviction when the |
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1 | conviction was reversed or vacated, and another | ||||||
2 | charge brought in the same case results in a | ||||||
3 | disposition for a misdemeanor offense that is | ||||||
4 | eligible to be sealed pursuant to subsection (c) or | ||||||
5 | a disposition listed in paragraph (i), (iii), or | ||||||
6 | (iv) of this subsection; | ||||||
7 | (iii) the charge results in first offender | ||||||
8 | probation as set forth in subsection (c)(2)(E); | ||||||
9 | (iv) the charge is for a felony offense listed | ||||||
10 | in subsection (c)(2)(F) or the charge is amended to | ||||||
11 | a felony offense listed in subsection (c)(2)(F); | ||||||
12 | (v) the charge results in acquittal, | ||||||
13 | dismissal, or the petitioner's release without | ||||||
14 | conviction; or | ||||||
15 | (vi) the charge results in a conviction, but | ||||||
16 | the conviction was reversed or vacated. | ||||||
17 | (b) Expungement. | ||||||
18 | (1) A petitioner may petition the circuit court to | ||||||
19 | expunge the
records of his or her arrests and charges not | ||||||
20 | initiated by arrest when: | ||||||
21 | (A) He or she has never been convicted of a | ||||||
22 | criminal offense; and | ||||||
23 | (B) Each arrest or charge not initiated by arrest
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24 | sought to be expunged resulted in:
(i) acquittal, | ||||||
25 | dismissal, or the petitioner's release without | ||||||
26 | charging, unless excluded by subsection (a)(3)(B);
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1 | (ii) a conviction which was vacated or reversed, unless | ||||||
2 | excluded by subsection (a)(3)(B);
(iii) an order of | ||||||
3 | supervision and such supervision was successfully | ||||||
4 | completed by the petitioner, unless excluded by | ||||||
5 | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||||||
6 | qualified probation (as defined in subsection | ||||||
7 | (a)(1)(J)) and such probation was successfully | ||||||
8 | completed by the petitioner. | ||||||
9 | (2) Time frame for filing a petition to expunge. | ||||||
10 | (A) When the arrest or charge not initiated by | ||||||
11 | arrest sought to be expunged resulted in an acquittal, | ||||||
12 | dismissal, the petitioner's release without charging, | ||||||
13 | or the reversal or vacation of a conviction, there is | ||||||
14 | no waiting period to petition for the expungement of | ||||||
15 | such records. | ||||||
16 | (B) When the arrest or charge not initiated by | ||||||
17 | arrest
sought to be expunged resulted in an order of | ||||||
18 | supervision, successfully
completed by the petitioner, | ||||||
19 | the following time frames will apply: | ||||||
20 | (i) Those arrests or charges that resulted in | ||||||
21 | orders of
supervision under Section 3-707, 3-708, | ||||||
22 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
23 | similar provision of a local ordinance, or under | ||||||
24 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
25 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
26 | similar provision of a local ordinance, shall not |
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1 | be eligible for expungement until 5 years have | ||||||
2 | passed following the satisfactory termination of | ||||||
3 | the supervision. | ||||||
4 | (i-5) Those arrests or charges that resulted | ||||||
5 | in orders of supervision for a misdemeanor | ||||||
6 | violation of subsection (a) of Section 11-503 of | ||||||
7 | the Illinois Vehicle Code or a similar provision of | ||||||
8 | a local ordinance, that occurred prior to the | ||||||
9 | offender reaching the age of 25 years and the | ||||||
10 | offender has no other conviction for violating | ||||||
11 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
12 | Code or a similar provision of a local ordinance | ||||||
13 | shall not be eligible for expungement until the | ||||||
14 | petitioner has reached the age of 25 years. | ||||||
15 | (ii) Those arrests or charges that resulted in | ||||||
16 | orders
of supervision for any other offenses shall | ||||||
17 | not be
eligible for expungement until 2 years have | ||||||
18 | passed
following the satisfactory termination of | ||||||
19 | the supervision. | ||||||
20 | (C) When the arrest or charge not initiated by | ||||||
21 | arrest sought to
be expunged resulted in an order of | ||||||
22 | qualified probation, successfully
completed by the | ||||||
23 | petitioner, such records shall not be eligible for
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24 | expungement until 5 years have passed following the | ||||||
25 | satisfactory
termination of the probation. | ||||||
26 | (3) Those records maintained by the Department for
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1 | persons arrested prior to their 17th birthday shall be
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2 | expunged as provided in Section 5-915 of the Juvenile Court
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3 | Act of 1987. | ||||||
4 | (4) Whenever a person has been arrested for or | ||||||
5 | convicted of any
offense, in the name of a person whose | ||||||
6 | identity he or she has stolen or otherwise
come into | ||||||
7 | possession of, the aggrieved person from whom the identity
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8 | was stolen or otherwise obtained without authorization,
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9 | upon learning of the person having been arrested using his
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10 | or her identity, may, upon verified petition to the chief | ||||||
11 | judge of
the circuit wherein the arrest was made, have a | ||||||
12 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
13 | correct the
arrest record, conviction record, if any, and | ||||||
14 | all official
records of the arresting authority, the | ||||||
15 | Department, other
criminal justice agencies, the | ||||||
16 | prosecutor, and the trial
court concerning such arrest, if | ||||||
17 | any, by removing his or her name
from all such records in | ||||||
18 | connection with the arrest and
conviction, if any, and by | ||||||
19 | inserting in the records the
name of the offender, if known | ||||||
20 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
21 | records of the circuit court clerk shall be sealed until | ||||||
22 | further order of
the court upon good cause shown and the | ||||||
23 | name of the
aggrieved person obliterated on the official | ||||||
24 | index
required to be kept by the circuit court clerk under
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25 | Section 16 of the Clerks of Courts Act, but the order shall
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26 | not affect any index issued by the circuit court clerk
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1 | before the entry of the order. Nothing in this Section
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2 | shall limit the Department of State Police or other
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3 | criminal justice agencies or prosecutors from listing
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4 | under an offender's name the false names he or she has
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5 | used. | ||||||
6 | (5) Whenever a person has been convicted of criminal
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7 | sexual assault, aggravated criminal sexual assault,
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8 | predatory criminal sexual assault of a child, criminal
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9 | sexual abuse, or aggravated criminal sexual abuse, the
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10 | victim of that offense may request that the State's
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11 | Attorney of the county in which the conviction occurred
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12 | file a verified petition with the presiding trial judge at
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13 | the petitioner's trial to have a court order entered to | ||||||
14 | seal
the records of the circuit court clerk in connection
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15 | with the proceedings of the trial court concerning that
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16 | offense. However, the records of the arresting authority
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17 | and the Department of State Police concerning the offense
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18 | shall not be sealed. The court, upon good cause shown,
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19 | shall make the records of the circuit court clerk in
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20 | connection with the proceedings of the trial court
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21 | concerning the offense available for public inspection. | ||||||
22 | (6) If a conviction has been set aside on direct review
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23 | or on collateral attack and the court determines by clear
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24 | and convincing evidence that the petitioner was factually
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25 | innocent of the charge, the court that finds the petitioner | ||||||
26 | factually innocent of the charge shall enter an
expungement |
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1 | order for the conviction for which the petitioner has been | ||||||
2 | determined to be innocent as provided in subsection (b) of | ||||||
3 | Section
5-5-4 of the Unified Code of Corrections. | ||||||
4 | (7) Nothing in this Section shall prevent the | ||||||
5 | Department of
State Police from maintaining all records of | ||||||
6 | any person who
is admitted to probation upon terms and | ||||||
7 | conditions and who
fulfills those terms and conditions | ||||||
8 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
9 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
10 | of the
Methamphetamine Control and Community Protection | ||||||
11 | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
12 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
13 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012, Section 10-102
of the Illinois | ||||||
15 | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||||||
16 | the Alcoholism and Other Drug Abuse and
Dependency Act, or | ||||||
17 | Section 10 of the Steroid Control Act. | ||||||
18 | (8) If the petitioner has been granted a certificate of | ||||||
19 | innocence under Section 2-702 of the Code of Civil | ||||||
20 | Procedure, the court that grants the certificate of | ||||||
21 | innocence shall also enter an order expunging the | ||||||
22 | conviction for which the petitioner has been determined to | ||||||
23 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
24 | of the Code of Civil Procedure. | ||||||
25 | (c) Sealing. | ||||||
26 | (1) Applicability. Notwithstanding any other provision |
| |||||||
| |||||||
1 | of this Act to the contrary, and cumulative with any rights | ||||||
2 | to expungement of criminal records, this subsection | ||||||
3 | authorizes the sealing of criminal records of adults and of | ||||||
4 | minors prosecuted as adults. | ||||||
5 | (2) Eligible Records. The following records may be | ||||||
6 | sealed: | ||||||
7 | (A) All arrests resulting in release without | ||||||
8 | charging; | ||||||
9 | (B) Arrests or charges not initiated by arrest | ||||||
10 | resulting in acquittal, dismissal, or conviction when | ||||||
11 | the conviction was reversed or vacated, except as | ||||||
12 | excluded by subsection (a)(3)(B); | ||||||
13 | (C) Arrests or charges not initiated by arrest | ||||||
14 | resulting in orders of supervision successfully | ||||||
15 | completed by the petitioner, unless excluded by | ||||||
16 | subsection (a)(3); | ||||||
17 | (D) Arrests or charges not initiated by arrest | ||||||
18 | resulting in convictions unless excluded by subsection | ||||||
19 | (a)(3); | ||||||
20 | (E) Arrests or charges not initiated by arrest | ||||||
21 | resulting in orders of first offender probation under | ||||||
22 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
23 | the Illinois Controlled Substances Act, Section 70 of | ||||||
24 | the Methamphetamine Control and Community Protection | ||||||
25 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
26 | Corrections; and |
| |||||||
| |||||||
1 | (F) Arrests or charges not initiated by arrest | ||||||
2 | resulting in felony convictions for the following | ||||||
3 | offenses: | ||||||
4 | (i) Class 4 felony convictions for: | ||||||
5 | Prostitution under Section 11-14 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of | ||||||
7 | 2012. | ||||||
8 | Possession of cannabis under Section 4 of | ||||||
9 | the Cannabis Control Act. | ||||||
10 | Possession of a controlled substance under | ||||||
11 | Section 402 of the Illinois Controlled | ||||||
12 | Substances Act. | ||||||
13 | Offenses under the Methamphetamine | ||||||
14 | Precursor Control Act. | ||||||
15 | Offenses under the Steroid Control Act. | ||||||
16 | Theft under Section 16-1 of the Criminal | ||||||
17 | Code of 1961 or the Criminal Code of 2012. | ||||||
18 | Retail theft under Section 16A-3 or | ||||||
19 | paragraph (a) of 16-25 of the Criminal Code of | ||||||
20 | 1961 or the Criminal Code of 2012. | ||||||
21 | Deceptive practices under Section 17-1 of | ||||||
22 | the Criminal Code of 1961 or the Criminal Code | ||||||
23 | of 2012. | ||||||
24 | Forgery under Section 17-3 of the Criminal | ||||||
25 | Code of 1961 or the Criminal Code of 2012. | ||||||
26 | Possession of burglary tools under Section |
| |||||||
| |||||||
1 | 19-2 of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012. | ||||||
3 | (ii) Class 3 felony convictions for: | ||||||
4 | Theft under Section 16-1 of the Criminal | ||||||
5 | Code of 1961 or the Criminal Code of 2012. | ||||||
6 | Retail theft under Section 16A-3 or | ||||||
7 | paragraph (a) of 16-25 of the Criminal Code of | ||||||
8 | 1961 or the Criminal Code of 2012. | ||||||
9 | Deceptive practices under Section 17-1 of | ||||||
10 | the Criminal Code of 1961 or the Criminal Code | ||||||
11 | of 2012. | ||||||
12 | Forgery under Section 17-3 of the Criminal | ||||||
13 | Code of 1961 or the Criminal Code of 2012. | ||||||
14 | Possession with intent to manufacture or | ||||||
15 | deliver a controlled substance under Section | ||||||
16 | 401 of the Illinois Controlled Substances Act. | ||||||
17 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
18 | identified as eligible under subsection (c)(2) may be | ||||||
19 | sealed as follows: | ||||||
20 | (A) Records identified as eligible under | ||||||
21 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
22 | time. | ||||||
23 | (B) Records identified as eligible under | ||||||
24 | subsection (c)(2)(C) may be sealed
(i) 3 years after | ||||||
25 | the termination of petitioner's last sentence (as | ||||||
26 | defined in subsection (a)(1)(F)) if the petitioner has |
| |||||||
| |||||||
1 | never been convicted of a criminal offense (as defined | ||||||
2 | in subsection (a)(1)(D)); or
(ii) 4 years after the | ||||||
3 | termination of the petitioner's last sentence (as | ||||||
4 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
5 | ever been convicted of a criminal offense (as defined | ||||||
6 | in subsection (a)(1)(D)). | ||||||
7 | (C) Records identified as eligible under | ||||||
8 | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | ||||||
9 | sealed 4 years after the termination of the | ||||||
10 | petitioner's last sentence (as defined in subsection | ||||||
11 | (a)(1)(F)). | ||||||
12 | (D) Records identified in subsection | ||||||
13 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
14 | reached the age of 25 years. | ||||||
15 | (4) Subsequent felony convictions. A person may not | ||||||
16 | have
subsequent felony conviction records sealed as | ||||||
17 | provided in this subsection
(c) if he or she is convicted | ||||||
18 | of any felony offense after the date of the
sealing of | ||||||
19 | prior felony convictions as provided in this subsection | ||||||
20 | (c). The court may, upon conviction for a subsequent felony | ||||||
21 | offense, order the unsealing of prior felony conviction | ||||||
22 | records previously ordered sealed by the court. | ||||||
23 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
24 | disposition for an eligible record under this subsection | ||||||
25 | (c), the petitioner shall be informed by the court of the | ||||||
26 | right to have the records sealed and the procedures for the |
| |||||||
| |||||||
1 | sealing of the records. | ||||||
2 | (d) Procedure. The following procedures apply to | ||||||
3 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
4 | under subsections (c) and (e-5): | ||||||
5 | (1) Filing the petition. Upon becoming eligible to | ||||||
6 | petition for
the expungement or sealing of records under | ||||||
7 | this Section, the petitioner shall file a petition | ||||||
8 | requesting the expungement
or sealing of records with the | ||||||
9 | clerk of the court where the arrests occurred or the | ||||||
10 | charges were brought, or both. If arrests occurred or | ||||||
11 | charges were brought in multiple jurisdictions, a petition | ||||||
12 | must be filed in each such jurisdiction. The petitioner | ||||||
13 | shall pay the applicable fee, if not waived. | ||||||
14 | (2) Contents of petition. The petition shall be
| ||||||
15 | verified and shall contain the petitioner's name, date of
| ||||||
16 | birth, current address and, for each arrest or charge not | ||||||
17 | initiated by
arrest sought to be sealed or expunged, the | ||||||
18 | case number, the date of
arrest (if any), the identity of | ||||||
19 | the arresting authority, and such
other information as the | ||||||
20 | court may require. During the pendency
of the proceeding, | ||||||
21 | the petitioner shall promptly notify the
circuit court | ||||||
22 | clerk of any change of his or her address. If the | ||||||
23 | petitioner has received a certificate of eligibility for | ||||||
24 | sealing from the Prisoner Review Board under paragraph (10) | ||||||
25 | of subsection (a) of Section 3-3-2 of the Unified Code of | ||||||
26 | Corrections, the certificate shall be attached to the |
| |||||||
| |||||||
1 | petition. | ||||||
2 | (3) Drug test. The petitioner must attach to the | ||||||
3 | petition proof that the petitioner has passed a test taken | ||||||
4 | within 30 days before the filing of the petition showing | ||||||
5 | the absence within his or her body of all illegal | ||||||
6 | substances as defined by the Illinois Controlled | ||||||
7 | Substances Act, the Methamphetamine Control and Community | ||||||
8 | Protection Act, and the Cannabis Control Act if he or she | ||||||
9 | is petitioning to: | ||||||
10 | (A) seal felony records under clause (c)(2)(E); | ||||||
11 | (B) seal felony records for a violation of the | ||||||
12 | Illinois Controlled Substances Act, the | ||||||
13 | Methamphetamine Control and Community Protection Act, | ||||||
14 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
15 | (C) seal felony records under subsection (e-5); or | ||||||
16 | (D) expunge felony records of a qualified | ||||||
17 | probation under clause (b)(1)(B)(iv). | ||||||
18 | (4) Service of petition. The circuit court clerk shall | ||||||
19 | promptly
serve a copy of the petition and documentation to | ||||||
20 | support the petition under subsection (e), (e-5), or (e-6) | ||||||
21 | on the State's Attorney or
prosecutor charged with the duty | ||||||
22 | of prosecuting the
offense, the Department of State Police, | ||||||
23 | the arresting
agency and the chief legal officer of the | ||||||
24 | unit of local
government effecting the arrest. | ||||||
25 | (5) Objections. | ||||||
26 | (A) Any party entitled to notice of the petition |
| |||||||
| |||||||
1 | may file an objection to the petition. All objections | ||||||
2 | shall be in writing, shall be filed with the circuit | ||||||
3 | court clerk, and shall state with specificity the basis | ||||||
4 | of the objection. | ||||||
5 | (B) Objections to a petition to expunge or seal | ||||||
6 | must be filed within 60 days of the date of service of | ||||||
7 | the petition. | ||||||
8 | (6) Entry of order. | ||||||
9 | (A) The Chief Judge of the circuit wherein the | ||||||
10 | charge was brought, any judge of that circuit | ||||||
11 | designated by the Chief Judge, or in counties of less | ||||||
12 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
13 | at the petitioner's trial, if any, shall rule on the | ||||||
14 | petition to expunge or seal as set forth in this | ||||||
15 | subsection (d)(6). | ||||||
16 | (B) Unless the State's Attorney or prosecutor, the | ||||||
17 | Department of
State Police, the arresting agency, or | ||||||
18 | the chief legal officer
files an objection to the | ||||||
19 | petition to expunge or seal within 60 days from the | ||||||
20 | date of service of the petition, the court shall enter | ||||||
21 | an order granting or denying the petition. | ||||||
22 | (7) Hearings. If an objection is filed, the court shall | ||||||
23 | set a date for a hearing and notify the petitioner and all | ||||||
24 | parties entitled to notice of the petition of the hearing | ||||||
25 | date at least 30 days prior to the hearing. Prior to the | ||||||
26 | hearing, the State's Attorney shall consult with the |
| |||||||
| |||||||
1 | Department as to the appropriateness of the relief sought | ||||||
2 | in the petition to expunge or seal. At the hearing, the | ||||||
3 | court shall hear evidence on whether the petition should or | ||||||
4 | should not be granted, and shall grant or deny the petition | ||||||
5 | to expunge or seal the records based on the evidence | ||||||
6 | presented at the hearing. The court may consider the | ||||||
7 | following: | ||||||
8 | (A) the strength of the evidence supporting the | ||||||
9 | defendant's conviction; | ||||||
10 | (B) the reasons for retention of the conviction | ||||||
11 | records by the State; | ||||||
12 | (C) the petitioner's age, criminal record history, | ||||||
13 | and employment history; | ||||||
14 | (D) the period of time between the petitioner's | ||||||
15 | arrest on the charge resulting in the conviction and | ||||||
16 | the filing of the petition under this Section; and | ||||||
17 | (E) the specific adverse consequences the | ||||||
18 | petitioner may be subject to if the petition is denied. | ||||||
19 | (8) Service of order. After entering an order to | ||||||
20 | expunge or
seal records, the court must provide copies of | ||||||
21 | the order to the
Department, in a form and manner | ||||||
22 | prescribed by the Department,
to the petitioner, to the | ||||||
23 | State's Attorney or prosecutor
charged with the duty of | ||||||
24 | prosecuting the offense, to the
arresting agency, to the | ||||||
25 | chief legal officer of the unit of
local government | ||||||
26 | effecting the arrest, and to such other
criminal justice |
| |||||||
| |||||||
1 | agencies as may be ordered by the court. | ||||||
2 | (9) Implementation of order. | ||||||
3 | (A) Upon entry of an order to expunge records | ||||||
4 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
5 | (i) the records shall be expunged (as defined | ||||||
6 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
7 | the Department, and any other agency as ordered by | ||||||
8 | the court, within 60 days of the date of service of | ||||||
9 | the order, unless a motion to vacate, modify, or | ||||||
10 | reconsider the order is filed pursuant to | ||||||
11 | paragraph (12) of subsection (d) of this Section; | ||||||
12 | (ii) the records of the circuit court clerk | ||||||
13 | shall be impounded until further order of the court | ||||||
14 | upon good cause shown and the name of the | ||||||
15 | petitioner obliterated on the official index | ||||||
16 | required to be kept by the circuit court clerk | ||||||
17 | under Section 16 of the Clerks of Courts Act, but | ||||||
18 | the order shall not affect any index issued by the | ||||||
19 | circuit court clerk before the entry of the order; | ||||||
20 | and | ||||||
21 | (iii) in response to an inquiry for expunged | ||||||
22 | records, the court, the Department, or the agency | ||||||
23 | receiving such inquiry, shall reply as it does in | ||||||
24 | response to inquiries when no records ever | ||||||
25 | existed. | ||||||
26 | (B) Upon entry of an order to expunge records |
| |||||||
| |||||||
1 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
2 | (i) the records shall be expunged (as defined | ||||||
3 | in subsection (a)(1)(E)) by the arresting agency | ||||||
4 | and any other agency as ordered by the court, | ||||||
5 | within 60 days of the date of service of the order, | ||||||
6 | unless a motion to vacate, modify, or reconsider | ||||||
7 | the order is filed pursuant to paragraph (12) of | ||||||
8 | subsection (d) of this Section; | ||||||
9 | (ii) the records of the circuit court clerk | ||||||
10 | shall be impounded until further order of the court | ||||||
11 | upon good cause shown and the name of the | ||||||
12 | petitioner obliterated on the official index | ||||||
13 | required to be kept by the circuit court clerk | ||||||
14 | under Section 16 of the Clerks of Courts Act, but | ||||||
15 | the order shall not affect any index issued by the | ||||||
16 | circuit court clerk before the entry of the order; | ||||||
17 | (iii) the records shall be impounded by the
| ||||||
18 | Department within 60 days of the date of service of | ||||||
19 | the order as ordered by the court, unless a motion | ||||||
20 | to vacate, modify, or reconsider the order is filed | ||||||
21 | pursuant to paragraph (12) of subsection (d) of | ||||||
22 | this Section; | ||||||
23 | (iv) records impounded by the Department may | ||||||
24 | be disseminated by the Department only as required | ||||||
25 | by law or to the arresting authority, the State's | ||||||
26 | Attorney, and the court upon a later arrest for the |
| |||||||
| |||||||
1 | same or a similar offense or for the purpose of | ||||||
2 | sentencing for any subsequent felony, and to the | ||||||
3 | Department of Corrections upon conviction for any | ||||||
4 | offense; and | ||||||
5 | (v) in response to an inquiry for such records | ||||||
6 | from anyone not authorized by law to access such | ||||||
7 | records , the court, the Department, or the agency | ||||||
8 | receiving such inquiry shall reply as it does in | ||||||
9 | response to inquiries when no records ever | ||||||
10 | existed. | ||||||
11 | (B-5) Upon entry of an order to expunge records | ||||||
12 | under subsection (e-6): | ||||||
13 | (i) the records shall be expunged (as defined | ||||||
14 | in subsection (a)(1)(E)) by the arresting agency | ||||||
15 | and any other agency as ordered by the court, | ||||||
16 | within 60 days of the date of service of the order, | ||||||
17 | unless a motion to vacate, modify, or reconsider | ||||||
18 | the order is filed under paragraph (12) of | ||||||
19 | subsection (d) of this Section; | ||||||
20 | (ii) the records of the circuit court clerk | ||||||
21 | shall be impounded until further order of the court | ||||||
22 | upon good cause shown and the name of the | ||||||
23 | petitioner obliterated on the official index | ||||||
24 | required to be kept by the circuit court clerk | ||||||
25 | under Section 16 of the Clerks of Courts Act, but | ||||||
26 | the order shall not affect any index issued by the |
| |||||||
| |||||||
1 | circuit court clerk before the entry of the order; | ||||||
2 | (iii) the records shall be impounded by the
| ||||||
3 | Department within 60 days of the date of service of | ||||||
4 | the order as ordered by the court, unless a motion | ||||||
5 | to vacate, modify, or reconsider the order is filed | ||||||
6 | under paragraph (12) of subsection (d) of this | ||||||
7 | Section; | ||||||
8 | (iv) records impounded by the Department may | ||||||
9 | be disseminated by the Department only as required | ||||||
10 | by law or to the arresting authority, the State's | ||||||
11 | Attorney, and the court upon a later arrest for the | ||||||
12 | same or a similar offense or for the purpose of | ||||||
13 | sentencing for any subsequent felony, and to the | ||||||
14 | Department of Corrections upon conviction for any | ||||||
15 | offense; and | ||||||
16 | (v) in response to an inquiry for these records | ||||||
17 | from anyone not authorized by law to access the | ||||||
18 | records , the court, the Department, or the agency | ||||||
19 | receiving the inquiry shall reply as it does in | ||||||
20 | response to inquiries when no records ever | ||||||
21 | existed. | ||||||
22 | (C) Upon entry of an order to seal records under | ||||||
23 | subsection
(c), the arresting agency, any other agency | ||||||
24 | as ordered by the court, the Department, and the court | ||||||
25 | shall seal the records (as defined in subsection | ||||||
26 | (a)(1)(K)). In response to an inquiry for such records |
| |||||||
| |||||||
1 | from anyone not authorized by law to access such | ||||||
2 | records , the court, the Department, or the agency | ||||||
3 | receiving such inquiry shall reply as it does in | ||||||
4 | response to inquiries when no records ever existed. | ||||||
5 | (D) The Department shall send written notice to the | ||||||
6 | petitioner of its compliance with each order to expunge | ||||||
7 | or seal records within 60 days of the date of service | ||||||
8 | of that order or, if a motion to vacate, modify, or | ||||||
9 | reconsider is filed, within 60 days of service of the | ||||||
10 | order resolving the motion, if that order requires the | ||||||
11 | Department to expunge or seal records. In the event of | ||||||
12 | an appeal from the circuit court order, the Department | ||||||
13 | shall send written notice to the petitioner of its | ||||||
14 | compliance with an Appellate Court or Supreme Court | ||||||
15 | judgment to expunge or seal records within 60 days of | ||||||
16 | the issuance of the court's mandate. The notice is not | ||||||
17 | required while any motion to vacate, modify, or | ||||||
18 | reconsider, or any appeal or petition for | ||||||
19 | discretionary appellate review, is pending. | ||||||
20 | (10) Fees. The Department may charge the petitioner a | ||||||
21 | fee equivalent to the cost of processing any order to | ||||||
22 | expunge or seal records. Notwithstanding any provision of | ||||||
23 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
24 | clerk may charge a fee equivalent to the cost associated | ||||||
25 | with the sealing or expungement of records by the circuit | ||||||
26 | court clerk. From the total filing fee collected for the |
| |||||||
| |||||||
1 | petition to seal or expunge, the circuit court clerk shall | ||||||
2 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
3 | Administrative Fund, to be used to offset the costs | ||||||
4 | incurred by the circuit court clerk in performing the | ||||||
5 | additional duties required to serve the petition to seal or | ||||||
6 | expunge on all parties. The circuit court clerk shall | ||||||
7 | collect and forward the Department of State Police portion | ||||||
8 | of the fee to the Department and it shall be deposited in | ||||||
9 | the State Police Services Fund. | ||||||
10 | (11) Final Order. No court order issued under the | ||||||
11 | expungement or sealing provisions of this Section shall | ||||||
12 | become final for purposes of appeal until 30 days after | ||||||
13 | service of the order on the petitioner and all parties | ||||||
14 | entitled to notice of the petition. | ||||||
15 | (12) Motion to Vacate, Modify, or Reconsider. Under | ||||||
16 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
17 | petitioner or any party entitled to notice may file a | ||||||
18 | motion to vacate, modify, or reconsider the order granting | ||||||
19 | or denying the petition to expunge or seal within 60 days | ||||||
20 | of service of the order. If filed more than 60 days after | ||||||
21 | service of the order, a petition to vacate, modify, or | ||||||
22 | reconsider shall comply with subsection (c) of Section | ||||||
23 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
24 | motion to vacate, modify, or reconsider, notice of the | ||||||
25 | motion shall be served upon the petitioner and all parties | ||||||
26 | entitled to notice of the petition. |
| |||||||
| |||||||
1 | (13) Effect of Order. An order granting a petition | ||||||
2 | under the expungement or sealing provisions of this Section | ||||||
3 | shall not be considered void because it fails to comply | ||||||
4 | with the provisions of this Section or because of any error | ||||||
5 | asserted in a motion to vacate, modify, or reconsider. The | ||||||
6 | circuit court retains jurisdiction to determine whether | ||||||
7 | the order is voidable and to vacate, modify, or reconsider | ||||||
8 | its terms based on a motion filed under paragraph (12) of | ||||||
9 | this subsection (d). | ||||||
10 | (14) Compliance with Order Granting Petition to Seal | ||||||
11 | Records. Unless a court has entered a stay of an order | ||||||
12 | granting a petition to seal, all parties entitled to notice | ||||||
13 | of the petition must fully comply with the terms of the | ||||||
14 | order within 60 days of service of the order even if a | ||||||
15 | party is seeking relief from the order through a motion | ||||||
16 | filed under paragraph (12) of this subsection (d) or is | ||||||
17 | appealing the order. | ||||||
18 | (15) Compliance with Order Granting Petition to | ||||||
19 | Expunge Records. While a party is seeking relief from the | ||||||
20 | order granting the petition to expunge through a motion | ||||||
21 | filed under paragraph (12) of this subsection (d) or is | ||||||
22 | appealing the order, and unless a court has entered a stay | ||||||
23 | of that order, the parties entitled to notice of the | ||||||
24 | petition must seal, but need not expunge, the records until | ||||||
25 | there is a final order on the motion for relief or, in the | ||||||
26 | case of an appeal, the issuance of that court's mandate. |
| |||||||
| |||||||
1 | (16) The changes to this subsection (d) made by Public | ||||||
2 | Act 98-163 this amendatory Act of the 98th General Assembly | ||||||
3 | apply to all petitions pending on August 5, 2013 ( the | ||||||
4 | effective date of Public Act 98-163) this amendatory Act of | ||||||
5 | the 98th General Assembly and to all orders ruling on a | ||||||
6 | petition to expunge or seal on or after August 5, 2013 ( the | ||||||
7 | effective date of Public Act 98-163) this amendatory Act of | ||||||
8 | the 98th General Assembly . | ||||||
9 | (e) Whenever a person who has been convicted of an offense | ||||||
10 | is granted
a pardon by the Governor which specifically | ||||||
11 | authorizes expungement, he or she may,
upon verified petition | ||||||
12 | to the Chief Judge of the circuit where the person had
been | ||||||
13 | convicted, any judge of the circuit designated by the Chief | ||||||
14 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
15 | presiding trial judge at the
defendant's trial, have a court | ||||||
16 | order entered expunging the record of
arrest from the official | ||||||
17 | records of the arresting authority and order that the
records | ||||||
18 | of the circuit court clerk and the Department be sealed until
| ||||||
19 | further order of the court upon good cause shown or as | ||||||
20 | otherwise provided
herein, and the name of the defendant | ||||||
21 | obliterated from the official index
requested to be kept by the | ||||||
22 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
23 | Act in connection with the arrest and conviction for the | ||||||
24 | offense for
which he or she had been pardoned but the order | ||||||
25 | shall not affect any index issued by
the circuit court clerk | ||||||
26 | before the entry of the order. All records sealed by
the |
| |||||||
| |||||||
1 | Department may be disseminated by the Department only to the | ||||||
2 | arresting authority, the State's Attorney, and the court upon a | ||||||
3 | later
arrest for the same or similar offense or for the purpose | ||||||
4 | of sentencing for any
subsequent felony. Upon conviction for | ||||||
5 | any subsequent offense, the Department
of Corrections shall | ||||||
6 | have access to all sealed records of the Department
pertaining | ||||||
7 | to that individual. Upon entry of the order of expungement, the
| ||||||
8 | circuit court clerk shall promptly mail a copy of the order to | ||||||
9 | the
person who was pardoned. | ||||||
10 | (e-5) Whenever a person who has been convicted of an | ||||||
11 | offense is granted a certificate of eligibility for sealing by | ||||||
12 | the Prisoner Review Board which specifically authorizes | ||||||
13 | sealing, he or she may, upon verified petition to the Chief | ||||||
14 | Judge of the circuit where the person had been convicted, any | ||||||
15 | judge of the circuit designated by the Chief Judge, or in | ||||||
16 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
17 | trial judge at the petitioner's trial, have a court order | ||||||
18 | entered sealing the record of arrest from the official records | ||||||
19 | of the arresting authority and order that the records of the | ||||||
20 | circuit court clerk and the Department be sealed until further | ||||||
21 | order of the court upon good cause shown or as otherwise | ||||||
22 | provided herein, and the name of the petitioner obliterated | ||||||
23 | from the official index requested to be kept by the circuit | ||||||
24 | court clerk under Section 16 of the Clerks of Courts Act in | ||||||
25 | connection with the arrest and conviction for the offense for | ||||||
26 | which he or she had been granted the certificate but the order |
| |||||||
| |||||||
1 | shall not affect any index issued by the circuit court clerk | ||||||
2 | before the entry of the order. All records sealed by the | ||||||
3 | Department may be disseminated by the Department only as | ||||||
4 | required by this Act or to the arresting authority, a law | ||||||
5 | enforcement agency, the State's Attorney, and the court upon a | ||||||
6 | later arrest for the same or similar offense or for the purpose | ||||||
7 | of sentencing for any subsequent felony. Upon conviction for | ||||||
8 | any subsequent offense, the Department of Corrections shall | ||||||
9 | have access to all sealed records of the Department pertaining | ||||||
10 | to that individual. Upon entry of the order of sealing, the | ||||||
11 | circuit court clerk shall promptly mail a copy of the order to | ||||||
12 | the person who was granted the certificate of eligibility for | ||||||
13 | sealing. | ||||||
14 | (e-6) Whenever a person who has been convicted of an | ||||||
15 | offense is granted a certificate of eligibility for expungement | ||||||
16 | by the Prisoner Review Board which specifically authorizes | ||||||
17 | expungement, he or she may, upon verified petition to the Chief | ||||||
18 | Judge of the circuit where the person had been convicted, any | ||||||
19 | judge of the circuit designated by the Chief Judge, or in | ||||||
20 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
21 | trial judge at the petitioner's trial, have a court order | ||||||
22 | entered expunging the record of arrest from the official | ||||||
23 | records of the arresting authority and order that the records | ||||||
24 | of the circuit court clerk and the Department be sealed until | ||||||
25 | further order of the court upon good cause shown or as | ||||||
26 | otherwise provided herein, and the name of the petitioner |
| |||||||
| |||||||
1 | obliterated from the official index requested to be kept by the | ||||||
2 | circuit court clerk under Section 16 of the Clerks of Courts | ||||||
3 | Act in connection with the arrest and conviction for the | ||||||
4 | offense for which he or she had been granted the certificate | ||||||
5 | but the order shall not affect any index issued by the circuit | ||||||
6 | court clerk before the entry of the order. All records sealed | ||||||
7 | by the Department may be disseminated by the Department only as | ||||||
8 | required by this Act or to the arresting authority, a law | ||||||
9 | enforcement agency, the State's Attorney, and the court upon a | ||||||
10 | later arrest for the same or similar offense or for the purpose | ||||||
11 | of sentencing for any subsequent felony. Upon conviction for | ||||||
12 | any subsequent offense, the Department of Corrections shall | ||||||
13 | have access to all expunged records of the Department | ||||||
14 | pertaining to that individual. Upon entry of the order of | ||||||
15 | expungement, the circuit court clerk shall promptly mail a copy | ||||||
16 | of the order to the person who was granted the certificate of | ||||||
17 | eligibility for expungement. | ||||||
18 | (f) Subject to available funding, the Illinois Department
| ||||||
19 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
20 | especially on employment and recidivism rates, utilizing a
| ||||||
21 | random sample of those who apply for the sealing of their
| ||||||
22 | criminal records under Public Act 93-211. At the request of the
| ||||||
23 | Illinois Department of Corrections, records of the Illinois
| ||||||
24 | Department of Employment Security shall be utilized as
| ||||||
25 | appropriate to assist in the study. The study shall not
| ||||||
26 | disclose any data in a manner that would allow the
|
| |||||||
| |||||||
1 | identification of any particular individual or employing unit.
| ||||||
2 | The study shall be made available to the General Assembly no
| ||||||
3 | later than September 1, 2010.
| ||||||
4 | (Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13; | ||||||
5 | 97-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. | ||||||
6 | 1-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150, | ||||||
7 | eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, | ||||||
8 | eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; revised | ||||||
9 | 9-4-13.)
| ||||||
10 | Section 10. The Clerks of Courts Act is amended by changing | ||||||
11 | Sections 16, 27.1a, 27.2a, and 27.3b as follows:
| ||||||
12 | (705 ILCS 105/16) (from Ch. 25, par. 16)
| ||||||
13 | Sec. 16.
Records kept by the clerks of the circuit courts | ||||||
14 | are
subject to the provisions of "The Local Records Act", | ||||||
15 | approved
August 18, 1961, as amended.
| ||||||
16 | Unless otherwise provided by rule or administrative order | ||||||
17 | of the Supreme
Court, the respective clerks of the circuit | ||||||
18 | courts shall keep in their
offices the following books:
| ||||||
19 | 1. A general docket, upon which shall be entered all suits, | ||||||
20 | in the
order in which they are commenced.
| ||||||
21 | 2. Two well-bound books, to be denominated "Plaintiff's | ||||||
22 | Index to
Court Records," and "Defendant's Index to Court | ||||||
23 | Records" to be ruled and
printed substantially in the following | ||||||
24 | manner:
| ||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | All cases shall be entered in such books, in alphabetical | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | order, by the
name of each plaintiff and defendant. The books | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | shall set forth the names
of the parties, kind of action, date | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | commenced, the record books and pages
on which the cases are | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | recorded, the date of judgment, books and pages of
the judgment | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | dockets, fee book, certificates of levy, sale and redemption
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | records on which they are entered satisfied or not satisfied, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | and number of
case. The defendant's index shall be ruled and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | printed in the same manner
as the plaintiff's except the |
| |||||||
| |||||||
1 | parties shall be reversed.
| ||||||
2 | 3. Proper books of record, with indices, showing the names
| ||||||
3 | of all parties to any action or judgment therein recorded,
with | ||||||
4 | a reference to the page where it is recorded.
| ||||||
5 | 4. A judgment docket, in which all final
judgments (except | ||||||
6 | child support orders as hereinafter provided) shall
be minuted | ||||||
7 | at the time they are entered, or within 60 days
thereafter in | ||||||
8 | alphabetical order, by the name of every person against whom
| ||||||
9 | the judgment is entered, showing, in the proper columns ruled | ||||||
10 | for
that purpose, the names of the parties, the date, nature of | ||||||
11 | the judgment,
amount of the judgment and costs in separate | ||||||
12 | items,
for which it is issued, to whom issued, when returned, | ||||||
13 | and the manner of
its enforcement; a blank column shall be kept | ||||||
14 | in which
may be entered a note of the satisfaction or other | ||||||
15 | disposition of the judgment
or order and when satisfied by | ||||||
16 | enforcement or otherwise, or set aside or
enjoined; the clerk | ||||||
17 | shall enter a minute thereof in such column, showing
how | ||||||
18 | disposed of, the date and the book and page, where the evidence | ||||||
19 | thereof
is to be found. In the case of child support orders or | ||||||
20 | modifications of
such orders entered on or after May 1, 1987, | ||||||
21 | the clerk shall minute such
orders or modifications in the | ||||||
22 | manner and form provided herein but shall
not minute every | ||||||
23 | child support installment when due or every child support
| ||||||
24 | payment when made. Such dockets may be searched by persons, at | ||||||
25 | all reasonable
times without fee.
| ||||||
26 | 5. A fee book, in which shall be distinctly set down, in
|
| |||||||
| |||||||
1 | items, the proper title of the cause and heads, the cost of | ||||||
2 | each action,
including clerk's, sheriff's and witness' fees, | ||||||
3 | stating the name
of each witness having claimed attendance in | ||||||
4 | respect of the trial
or hearing of such action with the number | ||||||
5 | of days attended. It shall
not be necessary to insert the cost | ||||||
6 | in the judgment; but whenever an action is
determined and final | ||||||
7 | judgment entered, the costs of each party litigant
shall be | ||||||
8 | made up and entered in such fee book, which shall be considered | ||||||
9 | a
part of the record and judgment, subject, however, at all | ||||||
10 | times to be
corrected by the court; and the prevailing party | ||||||
11 | shall be considered as
having recovered judgment for the amount | ||||||
12 | of the costs so taxed in his or
her favor, and the same shall be | ||||||
13 | included in the certified copy of such
judgment, and a bill | ||||||
14 | thereof accompanying certified copy of the judgment.
If any | ||||||
15 | clerk shall issue a fee bill or a bill of costs,
with the | ||||||
16 | certified copy of the judgment without
first entering the same | ||||||
17 | in the fee book, or if any such bill
of costs or fee bill shall | ||||||
18 | be issued which shall not be in substance a copy
of the | ||||||
19 | recorded bill, the same shall be void. Any person having paid | ||||||
20 | such
bill of costs or fee bill, may recover from the clerk the | ||||||
21 | amount thereof,
with costs of the action, in any circuit court.
| ||||||
22 | 6. Such other books of record and entry as are provided by | ||||||
23 | law, or
may be required in the proper performance of their | ||||||
24 | duties. All records,
dockets and books required by law to be | ||||||
25 | kept by such clerks shall be deemed
public records, and shall | ||||||
26 | at all times be open to inspection without fee or
reward, and |
| |||||||
| |||||||
1 | all persons shall have free access for inspection and
| ||||||
2 | examination to such records, docket and books, and also to all | ||||||
3 | papers on
file in the different clerks' offices and shall have | ||||||
4 | the right to take
memoranda and abstracts thereto.
| ||||||
5 | 7. Upon final disposition and payment of all fines and | ||||||
6 | costs in relation to a regulatory offense after a court | ||||||
7 | appearance before a judge, the judge shall order the sealing of | ||||||
8 | the records of or relating to the regulatory offense from the | ||||||
9 | official records kept by the circuit court clerk, as well as | ||||||
10 | the obliteration of the name of the defendant from the official | ||||||
11 | index requested to be kept by the circuit court clerk under | ||||||
12 | this Section. Upon final disposition and payment of all fines | ||||||
13 | and costs in relation to a regulatory offense when a court | ||||||
14 | appearance before a judge did not occur, the circuit court | ||||||
15 | clerk shall immediately seek a court order to seal the records | ||||||
16 | of or relating to the regulatory offense from the official | ||||||
17 | records kept by the circuit court clerk, as well as the | ||||||
18 | obliteration of the name of the defendant from the official | ||||||
19 | index requested to be kept by the circuit court clerk under | ||||||
20 | this Section. Upon entry of a sealing order, no information of | ||||||
21 | any character relating to its records shall be given or | ||||||
22 | furnished by the circuit court clerk to any person, bureau, or | ||||||
23 | institution other than as provided in this Act or other State | ||||||
24 | law, or when a governmental unit is required by state or | ||||||
25 | federal law to consider this information in the performance of | ||||||
26 | its duties. The circuit court clerk shall retain the records |
| |||||||
| |||||||
1 | sealed under this clause 7. The sealed records maintained under | ||||||
2 | this clause; however, are exempt from disclosure under the | ||||||
3 | Freedom of Information Act. | ||||||
4 | (Source: P.A. 85-1156 .)
| ||||||
5 | (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
| ||||||
6 | Sec. 27.1a. The fees of the clerks of the circuit court in | ||||||
7 | all
counties having a population of not more than
500,000 | ||||||
8 | inhabitants in the instances described in this Section
shall be | ||||||
9 | as provided in this Section.
In those instances where a minimum | ||||||
10 | and maximum fee is stated, the clerk of
the circuit court must | ||||||
11 | charge the minimum fee listed and may charge up to the
maximum | ||||||
12 | fee if the county board has by resolution increased the fee.
| ||||||
13 | The fees shall be paid in 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 a minimum of $40 and
a maximum of | ||||||
18 | $160.
| ||||||
19 | (A) When the amount of money or damages or the | ||||||
20 | value of personal
property claimed does not exceed | ||||||
21 | $250, $10.
| ||||||
22 | (B) When that amount exceeds $250 but does not | ||||||
23 | exceed $500, a minimum
of $10 and a maximum of $20.
| ||||||
24 | (C) When that amount exceeds $500 but does not | ||||||
25 | exceed $2500, a minimum
of $25 and a maximum of $40.
|
| |||||||
| |||||||
1 | (D) When that amount exceeds $2500 but does not | ||||||
2 | exceed $15,000, a
minimum of $25 and a maximum of $75.
| ||||||
3 | (E) For the exercise of eminent domain, a minimum | ||||||
4 | of $45 and
a maximum of $150. For each additional
lot | ||||||
5 | or tract of land or right or interest therein subject | ||||||
6 | to be condemned,
the damages in respect to which shall | ||||||
7 | require separate assessment by a
jury, a minimum of $45 | ||||||
8 | and a maximum of $150.
| ||||||
9 | (a-1) Family.
| ||||||
10 | For filing a petition under the Juvenile Court Act of | ||||||
11 | 1987, $25.
| ||||||
12 | For filing a petition for a marriage license, $10.
| ||||||
13 | For performing a marriage in court, $10.
| ||||||
14 | For filing a petition under the Illinois Parentage Act | ||||||
15 | of 1984, $40.
| ||||||
16 | (b) Forcible Entry and Detainer.
| ||||||
17 | In each forcible entry and detainer case when the | ||||||
18 | plaintiff seeks
possession only or unites with his or her | ||||||
19 | claim for possession of the property
a claim for rent or | ||||||
20 | damages or both in the amount of $15,000 or less, a
minimum | ||||||
21 | of $10 and a maximum of $50.
When the plaintiff unites his | ||||||
22 | or her claim for possession with a claim for
rent or | ||||||
23 | damages or both exceeding $15,000, a minimum of $40 and a | ||||||
24 | maximum of
$160.
| ||||||
25 | (c) Counterclaim or Joining Third Party Defendant.
| ||||||
26 | When any defendant files a counterclaim as part of his |
| |||||||
| |||||||
1 | or her
answer or otherwise or joins another party as a | ||||||
2 | third party defendant, or
both, the defendant shall pay a | ||||||
3 | fee for each counterclaim or third
party action in an | ||||||
4 | amount equal to the fee he or she would have had to pay
had | ||||||
5 | he or she brought a separate action for the relief sought | ||||||
6 | in the
counterclaim or against the third party defendant, | ||||||
7 | less the amount of the
appearance fee, if that has been | ||||||
8 | paid.
| ||||||
9 | (d) Confession of Judgment.
| ||||||
10 | In a confession of judgment when the amount does not | ||||||
11 | exceed $1500, a
minimum of $20 and a maximum of $50.
When | ||||||
12 | the amount exceeds $1500, but does not exceed $15,000, a
| ||||||
13 | minimum of $40 and a maximum of $115. When the
amount | ||||||
14 | exceeds $15,000, a minimum of $40 and a maximum of $200.
| ||||||
15 | (e) Appearance.
| ||||||
16 | The fee for filing an appearance in each civil case | ||||||
17 | shall be a minimum of
$15 and a maximum of $60,
except as | ||||||
18 | follows:
| ||||||
19 | (A) When the plaintiff in a forcible entry and | ||||||
20 | detainer case seeks
possession only, a minimum of $10 | ||||||
21 | and a maximum of $50.
| ||||||
22 | (B) When the amount in the case does not exceed | ||||||
23 | $1500, a minimum of
$10 and a maximum of $30.
| ||||||
24 | (C) When that amount exceeds $1500 but does not | ||||||
25 | exceed $15,000, a
minimum of $15 and a maximum of $60.
| ||||||
26 | (f) Garnishment, Wage Deduction, and Citation.
|
| |||||||
| |||||||
1 | In garnishment affidavit, wage deduction affidavit, | ||||||
2 | and citation
petition when the amount does not exceed | ||||||
3 | $1,000, a minimum of $5 and a
maximum
of $15; when the | ||||||
4 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
5 | of $5 and a maximum of
$30; and when the amount exceeds
| ||||||
6 | $5,000, a minimum of $5 and a maximum of $50.
| ||||||
7 | (g) Petition to Vacate or Modify.
| ||||||
8 | (1) Petition to vacate or modify any final judgment or | ||||||
9 | order of
court, except in forcible entry and detainer cases | ||||||
10 | and small claims cases
or a petition to reopen an estate, | ||||||
11 | to modify, terminate, or enforce a
judgment or order for | ||||||
12 | child or spousal support, or to modify, suspend, or
| ||||||
13 | terminate an order for withholding, if filed before 30 days | ||||||
14 | after the entry
of the judgment or order, a minimum of $20 | ||||||
15 | and a maximum of $50.
| ||||||
16 | (2) Petition to vacate or modify any final judgment or | ||||||
17 | order of court,
except a petition to modify, terminate, or | ||||||
18 | enforce a judgment or order for
child or spousal support or | ||||||
19 | to modify, suspend, or terminate an order for
withholding, | ||||||
20 | if filed later than 30 days after the entry of the judgment | ||||||
21 | or
order, a minimum of $20 and a maximum of $75.
| ||||||
22 | (3) Petition to vacate order of bond forfeiture, a | ||||||
23 | minimum of $10 and a
maximum of $40.
| ||||||
24 | (h) Mailing.
| ||||||
25 | When the clerk is required to mail, the fee will be a | ||||||
26 | minimum of $2 and a
maximum of $10,
plus the cost of |
| |||||||
| |||||||
1 | postage.
| ||||||
2 | (i) Certified Copies.
| ||||||
3 | Each certified copy of a judgment after the first, | ||||||
4 | except in small
claims and forcible entry and detainer | ||||||
5 | cases, a minimum of $2 and a maximum
of $10.
| ||||||
6 | (j) Habeas Corpus.
| ||||||
7 | For filing a petition for relief by habeas corpus, a | ||||||
8 | minimum of $60 and a
maximum of $100.
| ||||||
9 | (k) Certification, Authentication, and Reproduction.
| ||||||
10 | (1) Each certification or authentication for taking | ||||||
11 | the acknowledgment
of a deed or other instrument in writing | ||||||
12 | with the seal of office, a minimum
of $2 and a maximum of | ||||||
13 | $6.
| ||||||
14 | (2) Court appeals when original documents are | ||||||
15 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
16 | minimum of $20 and a maximum of $60.
| ||||||
17 | (3) Court appeals when original documents are | ||||||
18 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
19 | minimum of $50 and a maximum of $150.
| ||||||
20 | (4) Court appeals when original documents are | ||||||
21 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
22 | of 20 cents and a maximum of 25 cents per page.
| ||||||
23 | (5) For reproduction of any document contained in the | ||||||
24 | clerk's files:
| ||||||
25 | (A) First page, a minimum of $1 and a maximum
of | ||||||
26 | $2.
|
| |||||||
| |||||||
1 | (B) Next 19 pages, 50 cents per page.
| ||||||
2 | (C) All remaining pages, 25 cents per page.
| ||||||
3 | (l) Remands.
| ||||||
4 | In any cases remanded to the Circuit Court from the | ||||||
5 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
6 | clerk shall file the remanding
order and reinstate the case | ||||||
7 | with either its original number or a new number.
The Clerk | ||||||
8 | shall not charge any new or additional fee for the | ||||||
9 | reinstatement.
Upon reinstatement the Clerk shall advise | ||||||
10 | the parties of the reinstatement. A
party shall have the | ||||||
11 | same right to a jury trial on remand and reinstatement as
| ||||||
12 | he or she had before the appeal, and no additional or new | ||||||
13 | fee or charge shall
be made for a jury trial after remand.
| ||||||
14 | (m) Record Search.
| ||||||
15 | For each record search, within a division or municipal | ||||||
16 | district, the
clerk shall be entitled to a search fee of a | ||||||
17 | minimum of $4 and a maximum of
$6 for each year searched.
| ||||||
18 | (n) Hard Copy.
| ||||||
19 | For each page of hard copy print output, when case | ||||||
20 | records are
maintained on an automated medium, the clerk | ||||||
21 | shall be entitled to a fee of a
minimum of $4 and a maximum | ||||||
22 | of $6.
| ||||||
23 | (o) Index Inquiry and Other Records.
| ||||||
24 | No fee shall be charged for a single | ||||||
25 | plaintiff/defendant index inquiry
or single case record | ||||||
26 | inquiry when this request is made in person and the
records |
| |||||||
| |||||||
1 | are maintained in a current automated medium, and when no | ||||||
2 | hard copy
print output is requested. The fees to be charged | ||||||
3 | for management records,
multiple case records, and | ||||||
4 | multiple journal records may be specified by the
Chief | ||||||
5 | Judge pursuant to the guidelines for access and | ||||||
6 | dissemination of
information approved by the Supreme | ||||||
7 | Court.
| ||||||
8 | (p) (Blank).
| ||||||
9 | (q) Alias Summons.
| ||||||
10 | For each alias summons or citation issued by the clerk, | ||||||
11 | a minimum of $2
and a maximum of $5.
| ||||||
12 | (r) Other Fees.
| ||||||
13 | Any fees not covered in this Section shall be set by | ||||||
14 | rule or
administrative order of the Circuit Court with the | ||||||
15 | approval of the
Administrative Office of the Illinois | ||||||
16 | Courts.
| ||||||
17 | The clerk of the circuit court may provide additional | ||||||
18 | services for
which there is no fee specified by statute in | ||||||
19 | connection with the operation
of the clerk's office as may | ||||||
20 | be requested by the public and agreed to by
the clerk and | ||||||
21 | approved by the chief judge of the circuit court. Any
| ||||||
22 | charges for additional services shall be as agreed to
| ||||||
23 | between the clerk and the party making the request and | ||||||
24 | approved by the
chief judge of the circuit court. Nothing | ||||||
25 | in this
subsection shall be construed to require any clerk | ||||||
26 | to provide any service
not otherwise required by law.
|
| |||||||
| |||||||
1 | (s) Jury Services.
| ||||||
2 | The clerk shall be entitled to receive, in addition to | ||||||
3 | other fees
allowed by law, the sum of a minimum of $62.50 | ||||||
4 | and a maximum of $212.50, as a fee for the services of a | ||||||
5 | jury in
every civil action not quasi-criminal in its nature | ||||||
6 | and not a proceeding
for the exercise of the right of | ||||||
7 | eminent domain and in every other action
wherein the right | ||||||
8 | of trial by jury is or may be given by law. The jury fee
| ||||||
9 | shall be paid by the party demanding a jury at the time of | ||||||
10 | filing the jury
demand. If the fee is not paid by either | ||||||
11 | party, no jury shall be called in
the action or proceeding, | ||||||
12 | and the same shall be tried by the court without
a jury.
| ||||||
13 | (t) Voluntary Assignment.
| ||||||
14 | For filing each deed of voluntary assignment, a minimum | ||||||
15 | of $10 and a
maximum of $20; for recording
the same, a | ||||||
16 | minimum of 25 cents and a maximum of 50 cents for each
100 | ||||||
17 | words. Exceptions filed to claims presented
to an assignee | ||||||
18 | of a debtor who has made a voluntary assignment for the
| ||||||
19 | benefit of creditors shall be considered and treated, for | ||||||
20 | the purpose of
taxing costs therein, as actions in which | ||||||
21 | the party or parties filing
the exceptions shall be | ||||||
22 | considered as party or parties plaintiff, and
the claimant | ||||||
23 | or claimants as party or parties defendant, and those
| ||||||
24 | parties respectively shall pay to the clerk the same fees
| ||||||
25 | as provided by this Section to be paid in other actions.
| ||||||
26 | (u) Expungement Petition.
|
| |||||||
| |||||||
1 | The clerk shall be entitled to receive a fee of a | ||||||
2 | minimum of $15 and a
maximum of $60 for each
expungement | ||||||
3 | petition filed and an additional fee of a minimum of $2 and | ||||||
4 | a
maximum of $4 for each certified
copy of an order to | ||||||
5 | expunge arrest records.
| ||||||
6 | (v) Probate.
| ||||||
7 | The clerk is entitled to receive the fees
specified in | ||||||
8 | this subsection (v), which shall be paid in advance,
except | ||||||
9 | that, for good cause shown, the court may suspend, reduce, | ||||||
10 | or
release the costs payable under this subsection:
| ||||||
11 | (1) For administration of the estate of a decedent | ||||||
12 | (whether testate
or intestate) or of a missing person, a | ||||||
13 | minimum of $50 and a maximum of
$150, plus the fees | ||||||
14 | specified in
subsection (v)(3), except:
| ||||||
15 | (A) When the value of the real and personal | ||||||
16 | property does not exceed
$15,000, the fee shall be a | ||||||
17 | minimum of $25 and a maximum of $40.
| ||||||
18 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
19 | a domestic or
foreign will is admitted to probate | ||||||
20 | without administration (including
proof of heirship), | ||||||
21 | or (iii) letters of office are issued for a particular
| ||||||
22 | purpose without administration of the estate, the fee | ||||||
23 | shall be a minimum of
$10 and a maximum of $40.
| ||||||
24 | (C) For filing a petition to sell Real Estate, $50.
| ||||||
25 | (2) For administration of the estate of a ward, a | ||||||
26 | minimum of $50 and a
maximum of $75,
plus the fees |
| |||||||
| |||||||
1 | specified in subsection (v)(3), except:
| ||||||
2 | (A) When the value of the real and personal | ||||||
3 | property does not exceed
$15,000, the fee shall be a | ||||||
4 | minimum of $25 and a maximum of $40.
| ||||||
5 | (B) When (i) 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 estate, | ||||||
9 | including filing or joining in
the filing of a tax | ||||||
10 | return or releasing a mortgage or consenting to the
| ||||||
11 | marriage of the ward, the fee shall be a minimum of $10 | ||||||
12 | and a maximum of
$20.
| ||||||
13 | (C) For filing a Petition to sell Real Estate, $50.
| ||||||
14 | (3) In addition to the fees payable under subsection | ||||||
15 | (v)(1) or (v)(2)
of this Section, the following fees are | ||||||
16 | payable:
| ||||||
17 | (A) For each account (other than one final account) | ||||||
18 | filed in the
estate of a decedent, or ward, a minimum | ||||||
19 | of $10 and a maximum of $25.
| ||||||
20 | (B) For filing a claim in an estate when the amount | ||||||
21 | claimed is $150
or more but less than $500, a minimum | ||||||
22 | of $10 and a maximum of $25;
when the amount claimed is | ||||||
23 | $500 or more
but less than $10,000, a minimum of $10 | ||||||
24 | and a maximum of $40; when
the amount claimed is | ||||||
25 | $10,000 or more, a minimum of $10 and a maximum of
$60; | ||||||
26 | provided that the court in allowing a claim may add to |
| |||||||
| |||||||
1 | the
amount
allowed the filing fee paid by the claimant.
| ||||||
2 | (C) For filing in an estate a claim, petition, or | ||||||
3 | supplemental
proceeding based upon an action seeking | ||||||
4 | equitable relief including the
construction or contest | ||||||
5 | of a will, enforcement of a contract to make a
will, | ||||||
6 | and proceedings involving testamentary trusts or the | ||||||
7 | appointment of
testamentary trustees, a minimum of $40 | ||||||
8 | and a maximum of $60.
| ||||||
9 | (D) For filing in an estate (i) the appearance of | ||||||
10 | any person for the
purpose of consent or (ii) the | ||||||
11 | appearance of an executor, administrator,
| ||||||
12 | administrator to collect, guardian, guardian ad litem, | ||||||
13 | or special
administrator, no fee.
| ||||||
14 | (E) Except as provided in subsection (v)(3)(D), | ||||||
15 | for filing the
appearance of any person or persons, a | ||||||
16 | minimum of $10 and a maximum of $30.
| ||||||
17 | (F) For each jury demand, a minimum of $62.50 and a | ||||||
18 | maximum of
$137.50.
| ||||||
19 | (G) For disposition of the collection of a judgment | ||||||
20 | or settlement of
an action or claim for wrongful death | ||||||
21 | of a decedent or of any cause of
action of a ward, when | ||||||
22 | there is no other administration of the estate, a
| ||||||
23 | minimum of $30 and a maximum of $50,
less any amount | ||||||
24 | paid under subsection (v)(1)(B) or (v)(2)(B) except | ||||||
25 | that if
the amount involved does not exceed $5,000, the | ||||||
26 | fee, including any amount
paid under subsection |
| |||||||
| |||||||
1 | (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
| ||||||
2 | maximum of $20.
| ||||||
3 | (H) For each certified copy of letters of office, | ||||||
4 | of court order or
other certification, a minimum of $1 | ||||||
5 | and a maximum of $2, plus a
minimum of 50 cents and a | ||||||
6 | maximum of $1 per page in excess of 3 pages
for the
| ||||||
7 | document certified.
| ||||||
8 | (I) For each exemplification, a minimum of $1 and a | ||||||
9 | maximum of $2, plus the fee for certification.
| ||||||
10 | (4) The executor, administrator, guardian, petitioner,
| ||||||
11 | or other interested person or his or her attorney shall pay | ||||||
12 | the cost of
publication by the clerk directly to the | ||||||
13 | newspaper.
| ||||||
14 | (5) The person on whose behalf a charge is incurred for | ||||||
15 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
16 | fee shall pay the same
directly to the person entitled | ||||||
17 | thereto.
| ||||||
18 | (6) The executor, administrator, guardian, petitioner, | ||||||
19 | or other
interested person or his or her attorney shall pay | ||||||
20 | to the clerk all postage
charges incurred by the clerk in | ||||||
21 | mailing petitions, orders, notices, or
other documents | ||||||
22 | pursuant to the provisions of the Probate Act of 1975.
| ||||||
23 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
24 | (1) The clerk shall be entitled to costs in all | ||||||
25 | criminal
and quasi-criminal cases from each person | ||||||
26 | convicted or sentenced to
supervision therein as follows:
|
| |||||||
| |||||||
1 | (A) Felony complaints, a minimum of $40 and a | ||||||
2 | maximum of $100.
| ||||||
3 | (B) Misdemeanor complaints, a minimum of $25 and a | ||||||
4 | maximum of $75.
| ||||||
5 | (C) Business offense complaints, a minimum of $25 | ||||||
6 | and a maximum of
$75.
| ||||||
7 | (D) Petty offense complaints, a minimum of $25 and | ||||||
8 | a maximum of $75.
| ||||||
9 | (E) Minor traffic or ordinance violations, $10.
| ||||||
10 | (E-5) Regulatory offense violations, $10.
| ||||||
11 | (F) When court appearance required, $15.
| ||||||
12 | (G) Motions to vacate or amend final orders, a | ||||||
13 | minimum of $20 and a
maximum of $40.
| ||||||
14 | (H) Motions to vacate bond forfeiture orders, a | ||||||
15 | minimum of $20 and
a maximum of $40.
| ||||||
16 | (I) Motions to vacate ex parte judgments, whenever | ||||||
17 | filed, a minimum of
$20 and a maximum of $40.
| ||||||
18 | (J) Motions to vacate judgment on forfeitures, | ||||||
19 | whenever filed, a
minimum of $20 and a maximum of $40.
| ||||||
20 | (K) Motions to vacate "failure to appear" or | ||||||
21 | "failure to comply"
notices sent to the Secretary of | ||||||
22 | State, a minimum of $20 and a maximum of
$40.
| ||||||
23 | (2) In counties having a population of not
more
than | ||||||
24 | 500,000 inhabitants, when the violation complaint is
| ||||||
25 | issued by a
municipal police department, the clerk shall be | ||||||
26 | entitled to costs from each
person convicted therein as |
| |||||||
| |||||||
1 | follows:
| ||||||
2 | (A) Minor traffic or ordinance violations, $10.
| ||||||
3 | (A-5) Regulatory offense violations, $10.
| ||||||
4 | (B) When court appearance required, $15.
| ||||||
5 | (3) In ordinance violation cases punishable by fine | ||||||
6 | only, the clerk
of the circuit court shall be entitled to | ||||||
7 | receive, unless the fee is
excused upon a finding by the | ||||||
8 | court that the defendant is indigent, in
addition to other | ||||||
9 | fees or costs allowed or imposed by law, the sum of a
| ||||||
10 | minimum of $62.50 and a maximum of $137.50
as a fee for the | ||||||
11 | services of a jury. The jury fee shall be paid by the
| ||||||
12 | defendant at the time of filing his or her jury demand. If | ||||||
13 | the fee is not
so paid by the defendant, no jury shall be | ||||||
14 | called, and the case shall be
tried by the court without a | ||||||
15 | jury.
| ||||||
16 | (x) Transcripts of Judgment.
| ||||||
17 | For the filing of a transcript of judgment, the clerk | ||||||
18 | shall be entitled
to the same fee as if it were the | ||||||
19 | commencement of a new suit.
| ||||||
20 | (y) Change of Venue.
| ||||||
21 | (1) For the filing of a change of case on a change of | ||||||
22 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
23 | were the commencement of a new suit.
| ||||||
24 | (2) The fee for the preparation and certification of a | ||||||
25 | record on a
change of venue to another jurisdiction, when | ||||||
26 | original documents are
forwarded, a minimum of $10 and a |
| |||||||
| |||||||
1 | maximum of $40.
| ||||||
2 | (z) Tax objection complaints.
| ||||||
3 | For each tax objection complaint containing one or more | ||||||
4 | tax
objections, regardless of the number of parcels | ||||||
5 | involved or the number of
taxpayers joining on the | ||||||
6 | complaint, a minimum of $10 and a maximum of $50.
| ||||||
7 | (aa) Tax Deeds.
| ||||||
8 | (1) Petition for tax deed, if only one parcel is | ||||||
9 | involved, a minimum of
$45 and a maximum of $200.
| ||||||
10 | (2) For each additional parcel, add a fee of a minimum | ||||||
11 | of $10 and a
maximum of $60.
| ||||||
12 | (bb) Collections.
| ||||||
13 | (1) For all collections made of others, except the | ||||||
14 | State and county
and except in maintenance or child support | ||||||
15 | cases, a sum equal to a
minimum of 2% and a maximum of 2.5% | ||||||
16 | of
the amount collected and turned over.
| ||||||
17 | (2) Interest earned on any funds held by the clerk | ||||||
18 | shall be turned
over to the county general fund as an | ||||||
19 | earning of the office.
| ||||||
20 | (3) For any check, draft, or other bank instrument | ||||||
21 | returned to the
clerk for non-sufficient funds, account | ||||||
22 | closed, or
payment stopped, $25.
| ||||||
23 | (4) In child support and maintenance cases, the clerk, | ||||||
24 | if authorized by an
ordinance of the county board, may | ||||||
25 | collect an annual fee of up to $36 from
the person making | ||||||
26 | payment for maintaining child support records and the
|
| |||||||
| |||||||
1 | processing of support orders to the State of Illinois KIDS | ||||||
2 | system and the
recording of payments issued by the State | ||||||
3 | Disbursement Unit for the official
record of the Court. | ||||||
4 | This fee shall be in addition
to and separate from amounts | ||||||
5 | ordered to be paid as maintenance or child
support and | ||||||
6 | shall be deposited into a Separate Maintenance and Child | ||||||
7 | Support
Collection Fund, of which the clerk shall be the | ||||||
8 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
9 | child support orders and record all payments
issued by the | ||||||
10 | State Disbursement Unit for the official record of the | ||||||
11 | Court.
The clerk may recover from the person making the | ||||||
12 | maintenance or child support
payment any additional cost | ||||||
13 | incurred in the collection of this annual
fee.
| ||||||
14 | The clerk shall also be entitled to a fee of $5 for | ||||||
15 | certifications made
to the Secretary of State as provided | ||||||
16 | in Section 7-703 of the Family
Financial Responsibility Law | ||||||
17 | and these fees shall also be deposited into the
Separate | ||||||
18 | Maintenance and Child Support Collection Fund.
| ||||||
19 | (cc) Corrections of Numbers.
| ||||||
20 | For correction of the case number, case
title, or | ||||||
21 | attorney computer identification number, if required by | ||||||
22 | rule of
court, on any document filed in the clerk's office, | ||||||
23 | to be charged against
the party that filed the document, a | ||||||
24 | minimum of $10 and a maximum of $25.
| ||||||
25 | (dd) Exceptions.
| ||||||
26 | (1) The fee requirements of this Section shall not |
| |||||||
| |||||||
1 | apply to police
departments or other law enforcement | ||||||
2 | agencies. In this Section, "law
enforcement agency" means | ||||||
3 | an agency of the State or a unit of local
government which | ||||||
4 | is vested by law or ordinance with the duty to maintain
| ||||||
5 | public order and to enforce criminal laws or ordinances. | ||||||
6 | "Law enforcement
agency" also means the Attorney General or | ||||||
7 | any state's attorney.
| ||||||
8 | (2) No fee provided herein shall be charged to any unit | ||||||
9 | of local
government or school district.
| ||||||
10 | (3) The fee requirements of this Section shall not | ||||||
11 | apply to any action
instituted under subsection (b) of | ||||||
12 | Section 11-31-1 of the Illinois Municipal
Code by a private | ||||||
13 | owner or tenant of real property within 1200 feet of a
| ||||||
14 | dangerous or unsafe building seeking an order compelling | ||||||
15 | the owner or owners of
the building to take any of the | ||||||
16 | actions authorized under that subsection.
| ||||||
17 | (4) The fee requirements of this Section shall not | ||||||
18 | apply to the filing of
any
commitment petition or petition | ||||||
19 | for an order authorizing the administration of | ||||||
20 | psychotropic medication or electroconvulsive therapy
under | ||||||
21 | the Mental Health and
Developmental Disabilities Code.
| ||||||
22 | (ee) Adoptions.
| ||||||
23 | (1) For an adoption ...............................$65
| ||||||
24 | (2) Upon good cause shown, the court may waive the | ||||||
25 | adoption filing fee in
a special needs adoption. The term | ||||||
26 | "special needs adoption" shall have the
meaning ascribed to |
| |||||||
| |||||||
1 | it by the Illinois Department of Children and Family
| ||||||
2 | Services.
| ||||||
3 | (ff) Adoption exemptions.
| ||||||
4 | No fee other than that set forth in subsection (ee) | ||||||
5 | shall be charged to any
person in connection with an | ||||||
6 | adoption proceeding nor may any fee be charged for
| ||||||
7 | proceedings for the appointment of a confidential | ||||||
8 | intermediary under the
Adoption Act.
| ||||||
9 | (Source: P.A. 95-172, eff. 8-14-07; 95-331, eff. 8-21-07.)
| ||||||
10 | (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
| ||||||
11 | Sec. 27.2a. The fees of the clerks of the circuit court in | ||||||
12 | all
counties having a population of 3,000,000 or more | ||||||
13 | inhabitants in the
instances described in this Section shall be | ||||||
14 | as provided in this
Section. In those instances where a minimum | ||||||
15 | and maximum fee is stated, the
clerk of the circuit court must | ||||||
16 | charge the minimum fee listed
and may charge up to the maximum | ||||||
17 | fee if the county board has by resolution
increased the fee. | ||||||
18 | The fees shall be paid in advance and shall be as follows:
| ||||||
19 | (a) Civil Cases.
| ||||||
20 | The fee for filing a complaint, petition, or other | ||||||
21 | pleading
initiating a civil action, with the following | ||||||
22 | exceptions, shall be a minimum
of $190 and a maximum of | ||||||
23 | $240.
| ||||||
24 | (A) When the amount of money or damages or the | ||||||
25 | value of personal
property claimed does not exceed |
| |||||||
| |||||||
1 | $250, a minimum of $15 and a maximum of
$22.
| ||||||
2 | (B) When that amount exceeds $250 but does not | ||||||
3 | exceed $1000, a minimum
of $40 and a maximum of $75.
| ||||||
4 | (C) When that amount exceeds $1000 but does not | ||||||
5 | exceed $2500, a
minimum of $50 and a maximum of $80.
| ||||||
6 | (D) When that amount exceeds $2500 but does not | ||||||
7 | exceed $5000, a
minimum of $100 and a maximum of $130.
| ||||||
8 | (E) When that amount exceeds $5000 but does not | ||||||
9 | exceed $15,000, $150.
| ||||||
10 | (F) For the exercise of eminent domain, $150. For | ||||||
11 | each additional
lot or tract of land or right or | ||||||
12 | interest therein subject to be condemned,
the damages | ||||||
13 | in respect to which shall require separate assessment | ||||||
14 | by a jury,
$150.
| ||||||
15 | (G) For the final determination of parking, | ||||||
16 | standing, and compliance
violations and final | ||||||
17 | administrative decisions issued after hearings | ||||||
18 | regarding
vehicle immobilization and impoundment made | ||||||
19 | pursuant to Sections 3-704.1,
6-306.5, and 11-208.3 of | ||||||
20 | the Illinois Vehicle Code, $25.
| ||||||
21 | (H) No fees shall be charged by the clerk to a | ||||||
22 | petitioner in any
order
of
protection including, but | ||||||
23 | not limited to, filing, modifying, withdrawing,
| ||||||
24 | certifying, or
photocopying petitions for orders of | ||||||
25 | protection, or for issuing alias summons,
or for any
| ||||||
26 | related filing service, certifying, modifying, |
| |||||||
| |||||||
1 | vacating, or
photocopying any
orders of protection.
| ||||||
2 | (b) Forcible Entry and Detainer.
| ||||||
3 | In each forcible entry and detainer case when the | ||||||
4 | plaintiff seeks
possession only or unites with his or her | ||||||
5 | claim for possession of the property
a claim for rent or | ||||||
6 | damages or both in the amount of $15,000 or less, a
minimum | ||||||
7 | of $75 and a maximum of $140.
When the plaintiff unites his | ||||||
8 | or her claim for possession with a claim for
rent or | ||||||
9 | damages or both exceeding $15,000, a minimum of $225 and a
| ||||||
10 | maximum of
$335.
| ||||||
11 | (c) Counterclaim or Joining Third Party Defendant.
| ||||||
12 | When any defendant files a counterclaim as part of his | ||||||
13 | or her answer or
otherwise or joins another party as a | ||||||
14 | third party defendant, or both, the
defendant shall pay a | ||||||
15 | fee for each counterclaim or third party action in an
| ||||||
16 | amount equal to the fee he or she would have had to pay had | ||||||
17 | he or she
brought a separate action for the relief sought | ||||||
18 | in the counterclaim or
against the third party defendant, | ||||||
19 | less the amount of the appearance fee,
if that has been | ||||||
20 | paid.
| ||||||
21 | (d) Confession of Judgment.
| ||||||
22 | In a confession of judgment when the amount does not | ||||||
23 | exceed $1500, a
minimum of $60 and a maximum of $70.
When | ||||||
24 | the amount exceeds $1500, but does not exceed $5000, a | ||||||
25 | minimum of $75
and a maximum of $150.
When the
amount | ||||||
26 | exceeds $5000, but does not exceed $15,000, a minimum of |
| |||||||
| |||||||
1 | $175 and
a
maximum of $260. When the
amount
exceeds | ||||||
2 | $15,000, a minimum of $250 and a maximum of $310.
| ||||||
3 | (e) Appearance.
| ||||||
4 | The fee for filing an appearance in each civil case | ||||||
5 | shall be a minimum
of
$75 and a maximum of $110,
except as | ||||||
6 | follows:
| ||||||
7 | (A) When the plaintiff in a forcible entry and | ||||||
8 | detainer case seeks
possession only, a minimum of $40 | ||||||
9 | and a maximum of $80.
| ||||||
10 | (B) When the amount in the case does not exceed | ||||||
11 | $1500, a minimum of
$40 and a maximum of $80.
| ||||||
12 | (C) When that amount exceeds $1500 but does not | ||||||
13 | exceed $15,000, a
minimum of $60 and a maximum of $90.
| ||||||
14 | (f) Garnishment, Wage Deduction, and Citation.
| ||||||
15 | In garnishment affidavit, wage deduction affidavit, | ||||||
16 | and citation
petition when the amount does not exceed | ||||||
17 | $1,000, a minimum of $15 and a
maximum of $25; when the
| ||||||
18 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
19 | of $30 and a maximum
of
$45; and when the amount
exceeds
| ||||||
20 | $5,000, a minimum of $50 and a maximum of $80.
| ||||||
21 | (g) Petition to Vacate
or Modify.
| ||||||
22 | (1) Petition to vacate
or modify any final judgment or | ||||||
23 | order of court,
except in forcible entry and detainer cases | ||||||
24 | and small claims cases or a
petition to reopen an estate, | ||||||
25 | to modify, terminate, or enforce a
judgment or order for | ||||||
26 | child or spousal support, or to modify, suspend, or
|
| |||||||
| |||||||
1 | terminate an order for withholding, if filed before 30 days | ||||||
2 | after the entry
of the judgment or order, a minimum of $50 | ||||||
3 | and a maximum of $60.
| ||||||
4 | (2) Petition to vacate
or modify any final judgment
or | ||||||
5 | order of court, except a petition to modify, terminate, or | ||||||
6 | enforce a
judgment or order for child or spousal support or | ||||||
7 | to modify, suspend, or
terminate an order for withholding, | ||||||
8 | if filed later than 30 days
after the entry of the judgment | ||||||
9 | or order, a minimum of $75 and a maximum
of
$90.
| ||||||
10 | (3) Petition to vacate order of bond forfeiture, a | ||||||
11 | minimum of $40
and a
maximum of $80.
| ||||||
12 | (h) Mailing.
| ||||||
13 | When the clerk is required to mail, the fee will be a | ||||||
14 | minimum of $10
and
a maximum of $15,
plus the cost of | ||||||
15 | postage.
| ||||||
16 | (i) Certified Copies.
| ||||||
17 | Each certified copy of a judgment after the first, | ||||||
18 | except in small
claims and forcible entry and detainer | ||||||
19 | cases, a minimum of $15 and a
maximum
of $20.
| ||||||
20 | (j) Habeas Corpus.
| ||||||
21 | For filing a petition for relief by habeas corpus, a | ||||||
22 | minimum of $125
and
a maximum of $190.
| ||||||
23 | (k) Certification, Authentication, and Reproduction.
| ||||||
24 | (1) Each certification or authentication for taking | ||||||
25 | the acknowledgment
of a deed or other instrument in writing | ||||||
26 | with the seal of office, a minimum
of $6 and a maximum of |
| |||||||
| |||||||
1 | $9.
| ||||||
2 | (2) Court appeals when original documents are | ||||||
3 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
4 | minimum of $75 and a maximum of $110.
| ||||||
5 | (3) Court appeals when original documents are | ||||||
6 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
7 | minimum of $150 and a maximum of $185.
| ||||||
8 | (4) Court appeals when original documents are | ||||||
9 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
10 | of 25 and a maximum of 30 cents
per
page.
| ||||||
11 | (5) For reproduction of any document contained in the | ||||||
12 | clerk's files:
| ||||||
13 | (A) First page, $2.
| ||||||
14 | (B) Next 19 pages, 50 cents per page.
| ||||||
15 | (C) All remaining pages, 25 cents per page.
| ||||||
16 | (l) Remands.
| ||||||
17 | In any cases remanded to the Circuit Court from the | ||||||
18 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
19 | clerk shall file the
remanding order and reinstate the case | ||||||
20 | with either its original number or a new
number. The Clerk
| ||||||
21 | shall not charge any new or additional fee for the | ||||||
22 | reinstatement. Upon
reinstatement the Clerk shall advise | ||||||
23 | the parties of the reinstatement. A
party shall have the | ||||||
24 | same right to a jury trial on remand and reinstatement
as | ||||||
25 | he or she had before the appeal, and no additional or new | ||||||
26 | fee or charge
shall be made for a jury trial after remand.
|
| |||||||
| |||||||
1 | (m) Record Search.
| ||||||
2 | For each record search, within a division or municipal | ||||||
3 | district, the
clerk shall be entitled to a search fee of a | ||||||
4 | minimum of $6 and a maximum
of
$9 for each year
searched.
| ||||||
5 | (n) Hard Copy.
| ||||||
6 | For each page of hard copy print output, when case | ||||||
7 | records are
maintained on an automated medium, the clerk | ||||||
8 | shall be entitled to a fee of
a minimum of $6 and a maximum | ||||||
9 | of $9.
| ||||||
10 | (o) Index Inquiry and Other Records.
| ||||||
11 | No fee shall be charged for a single | ||||||
12 | plaintiff/defendant index inquiry
or single case record | ||||||
13 | inquiry when this request is made in person and the
records | ||||||
14 | are maintained in a current automated medium, and when no | ||||||
15 | hard copy
print output is requested. The fees to be charged | ||||||
16 | for management records,
multiple case records, and | ||||||
17 | multiple journal records may be specified by the
Chief | ||||||
18 | Judge pursuant to the guidelines for access and | ||||||
19 | dissemination of
information approved by the Supreme | ||||||
20 | Court.
| ||||||
21 | (p) (Blank).
| ||||||
22 | (q) Alias Summons.
| ||||||
23 | For each alias summons or citation issued by the clerk, | ||||||
24 | a minimum of $5
and a maximum of $6.
| ||||||
25 | (r) Other Fees.
| ||||||
26 | Any fees not covered in this Section shall be set by |
| |||||||
| |||||||
1 | rule or
administrative order of the Circuit Court with the | ||||||
2 | approval of the
Administrative Office of the Illinois | ||||||
3 | Courts.
| ||||||
4 | The clerk of the circuit court may provide additional | ||||||
5 | services for
which there is no fee specified by statute in | ||||||
6 | connection with the operation
of the clerk's office as may | ||||||
7 | be requested by the public and agreed to by
the clerk and | ||||||
8 | approved by the chief judge of the circuit court. Any
| ||||||
9 | charges for additional services shall be as agreed to
| ||||||
10 | between the clerk and the party making the request and | ||||||
11 | approved by the
chief judge of the circuit court. Nothing | ||||||
12 | in this
subsection shall be construed to require any clerk | ||||||
13 | to provide any service
not otherwise required by law.
| ||||||
14 | (s) Jury Services.
| ||||||
15 | The clerk shall be entitled to receive, in
addition to | ||||||
16 | other fees allowed by law, the sum of a minimum of $212.50
| ||||||
17 | and
maximum of $230, as a
fee for the
services of a jury in | ||||||
18 | every civil action not quasi-criminal in its
nature and not | ||||||
19 | a proceeding for the exercise of the right of eminent
| ||||||
20 | domain and in every other action wherein the right of trial | ||||||
21 | by jury
is or may be given by law. The jury fee shall be | ||||||
22 | paid by the party
demanding a jury at the time of filing | ||||||
23 | the jury demand. If the fee is
not paid by either party, no | ||||||
24 | jury shall be called in the action or
proceeding, and the | ||||||
25 | same shall be tried by the court without a jury.
| ||||||
26 | (t) Voluntary Assignment.
|
| |||||||
| |||||||
1 | For filing each deed of voluntary assignment, a minimum | ||||||
2 | of $20 and a
maximum of $40; for
recording
the same, a | ||||||
3 | minimum of 50¢ and a maximum of $0.80 for each 100 words.
| ||||||
4 | Exceptions filed to claims
presented
to an assignee of a | ||||||
5 | debtor who has made a voluntary assignment for the
benefit | ||||||
6 | of creditors shall be considered and treated, for the | ||||||
7 | purpose of
taxing costs therein, as actions in which the | ||||||
8 | party or parties filing
the exceptions shall be considered | ||||||
9 | as party or parties plaintiff, and
the claimant or | ||||||
10 | claimants as party or parties defendant, and those
parties | ||||||
11 | respectively shall pay to the clerk the same fees
as | ||||||
12 | provided by this Section to be paid in other actions.
| ||||||
13 | (u) Expungement Petition.
| ||||||
14 | The clerk shall be entitled to receive a fee of a | ||||||
15 | minimum of $60 and
a
maximum of $120 for each
expungement | ||||||
16 | petition filed and an additional fee of a minimum of $4 and | ||||||
17 | a
maximum of $8 for each
certified
copy of an order to | ||||||
18 | expunge arrest records.
| ||||||
19 | (v) Probate.
| ||||||
20 | The clerk is entitled to receive the fees
specified in | ||||||
21 | this subsection (v), which shall be paid in advance,
except | ||||||
22 | that, for good cause shown, the court may suspend, reduce, | ||||||
23 | or
release the costs payable under this subsection:
| ||||||
24 | (1) For administration of the estate of a decedent | ||||||
25 | (whether testate
or intestate) or of a missing person, a | ||||||
26 | minimum of $150 and a maximum of
$225, plus the fees
|
| |||||||
| |||||||
1 | specified in
subsection (v)(3), except:
| ||||||
2 | (A) When the value of the real and personal | ||||||
3 | property does not exceed
$15,000, the fee shall be a | ||||||
4 | minimum of $40 and a maximum of $65.
| ||||||
5 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
6 | a domestic or
foreign will is admitted to probate | ||||||
7 | without administration (including
proof of heirship), | ||||||
8 | or (iii) letters of office are issued for a particular
| ||||||
9 | purpose without administration of the estate, the fee | ||||||
10 | shall be a minimum of
$40 and a maximum of $65.
| ||||||
11 | (2) For administration of the estate of a ward, a | ||||||
12 | minimum of $75 and
a
maximum of $110,
plus the fees | ||||||
13 | specified in subsection (v)(3), except:
| ||||||
14 | (A) When the value of the real and personal | ||||||
15 | property does not exceed
$15,000, the fee shall be a | ||||||
16 | minimum of $40 and a maximum of $65.
| ||||||
17 | (B) When (i) letters of office are issued to a | ||||||
18 | guardian of the person
or persons,
but not of the | ||||||
19 | estate or (ii) letters of office are issued in the | ||||||
20 | estate of
a ward without administration of the estate, | ||||||
21 | including filing or joining in
the filing of a tax | ||||||
22 | return or releasing a mortgage or consenting to the
| ||||||
23 | marriage of the ward, the fee shall be a minimum of $20 | ||||||
24 | and a maximum of
$40.
| ||||||
25 | (3) In addition to the fees payable under subsection | ||||||
26 | (v)(1) or
(v)(2) of this Section, the following fees are |
| |||||||
| |||||||
1 | payable:
| ||||||
2 | (A) For each account (other than one final account) | ||||||
3 | filed in the
estate of a decedent, or ward, a minimum | ||||||
4 | of $25 and a maximum of $40.
| ||||||
5 | (B) For filing a claim in an estate when the amount | ||||||
6 | claimed is $150
or more but less than $500, a minimum | ||||||
7 | of $20 and a maximum of $40; when
the
amount claimed is | ||||||
8 | $500 or
more but less than $10,000, a minimum of $40 | ||||||
9 | and a maximum of $65; when
the
amount claimed is | ||||||
10 | $10,000
or more,
a minimum of $60 and a maximum of $90; | ||||||
11 | provided that the court in
allowing
a claim may add to | ||||||
12 | the
amount allowed
the filing fee paid by the claimant.
| ||||||
13 | (C) For filing in an estate a claim, petition, or | ||||||
14 | supplemental
proceeding based upon an action seeking | ||||||
15 | equitable relief including the
construction or contest | ||||||
16 | of a will, enforcement of a contract to make a
will, | ||||||
17 | and proceedings involving testamentary trusts or the | ||||||
18 | appointment of
testamentary trustees, a minimum of $60 | ||||||
19 | and a maximum of $90.
| ||||||
20 | (D) For filing in an estate (i) the appearance of | ||||||
21 | any person for the
purpose of consent or (ii) the | ||||||
22 | appearance of an executor, administrator,
| ||||||
23 | administrator to collect, guardian, guardian ad litem, | ||||||
24 | or special
administrator, no fee.
| ||||||
25 | (E) Except as provided in subsection (v)(3)(D), | ||||||
26 | for filing the
appearance of any person or persons, a |
| |||||||
| |||||||
1 | minimum of $30 and a maximum of
$90.
| ||||||
2 | (F) For each jury demand, a minimum of $137.50 and | ||||||
3 | a maximum of
$180.
| ||||||
4 | (G) For disposition of the collection of a judgment | ||||||
5 | or settlement of
an action or claim for wrongful death | ||||||
6 | of a decedent or of any cause of
action of a ward, when | ||||||
7 | there is no other administration
of the estate, a | ||||||
8 | minimum of $50 and a maximum of $80, less any amount
| ||||||
9 | paid
under subsection (v)(1)(B)
or (v)(2)(B) except | ||||||
10 | that if the amount involved does not exceed
$5,000, the | ||||||
11 | fee, including any amount paid under subsection
| ||||||
12 | (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a | ||||||
13 | maximum of $40.
| ||||||
14 | (H) For each certified copy of letters of office, | ||||||
15 | of court order or
other certification, a minimum of $2 | ||||||
16 | and a maximum of $4, plus $1 per
page
in excess
of 3 | ||||||
17 | pages for the document certified.
| ||||||
18 | (I) For each exemplification, $2, plus the fee for | ||||||
19 | certification.
| ||||||
20 | (4) The executor, administrator, guardian, petitioner,
| ||||||
21 | or other interested person or his or her attorney shall pay | ||||||
22 | the cost of
publication by the clerk directly to the | ||||||
23 | newspaper.
| ||||||
24 | (5) The person on whose behalf a charge is incurred for | ||||||
25 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
26 | fee shall pay the same
directly to the person entitled |
| |||||||
| |||||||
1 | thereto.
| ||||||
2 | (6) The executor, administrator, guardian, petitioner, | ||||||
3 | or other
interested person or his or her attorney shall pay | ||||||
4 | to the clerk all postage
charges incurred by the clerk in | ||||||
5 | mailing petitions, orders, notices, or
other documents | ||||||
6 | pursuant to the provisions of the Probate Act of 1975.
| ||||||
7 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
8 | (1) The clerk shall be entitled to costs in all | ||||||
9 | criminal
and quasi-criminal cases from each person | ||||||
10 | convicted or sentenced to
supervision therein as follows:
| ||||||
11 | (A) Felony complaints, a minimum of $125 and a | ||||||
12 | maximum of $190.
| ||||||
13 | (B) Misdemeanor complaints, a minimum of $75 and a | ||||||
14 | maximum of
$110.
| ||||||
15 | (C) Business offense complaints, a minimum of $75 | ||||||
16 | and a maximum of
$110.
| ||||||
17 | (D) Petty offense complaints, a minimum of $75 and | ||||||
18 | a maximum of
$110.
| ||||||
19 | (E) Minor traffic or ordinance violations, $30.
| ||||||
20 | (E-5) Regulatory offense violations, $30.
| ||||||
21 | (F) When court appearance required, $50.
| ||||||
22 | (G) Motions to vacate or amend final orders, a | ||||||
23 | minimum of $40 and
a
maximum of $80.
| ||||||
24 | (H) Motions to vacate bond forfeiture orders, a | ||||||
25 | minimum of $30 and
a
maximum of $45.
| ||||||
26 | (I) Motions to vacate ex parte judgments, whenever |
| |||||||
| |||||||
1 | filed, a minimum
of
$30 and a maximum of $45.
| ||||||
2 | (J) Motions to vacate judgment on forfeitures, | ||||||
3 | whenever filed, a
minimum of $25 and a maximum of $30.
| ||||||
4 | (K) Motions to vacate "failure to appear" or | ||||||
5 | "failure to comply"
notices sent to the Secretary of | ||||||
6 | State, a minimum of $40 and a maximum of
$50.
| ||||||
7 | (2) In counties having a population of 3,000,000 or | ||||||
8 | more,
when the violation complaint is issued by a municipal
| ||||||
9 | police department, the clerk shall be entitled to costs | ||||||
10 | from each person
convicted therein as follows:
| ||||||
11 | (A) Minor traffic or ordinance violations, $30.
| ||||||
12 | (A-5) Regulatory offense violations, $30.
| ||||||
13 | (B) When court appearance required, $50.
| ||||||
14 | (3) In ordinance violation cases punishable by fine | ||||||
15 | only, the clerk
of the circuit court shall be entitled to | ||||||
16 | receive, unless the fee is
excused upon a finding by the | ||||||
17 | court that the defendant is indigent, in
addition to other | ||||||
18 | fees or costs allowed or imposed by law, the sum of a
| ||||||
19 | minimum of
$112.50 and a maximum of $250
as a fee for the | ||||||
20 | services of a jury. The jury fee shall be paid by the
| ||||||
21 | defendant at the time of filing his or her jury demand. If | ||||||
22 | the fee is not
so paid by the defendant, no jury shall be | ||||||
23 | called, and the case shall be
tried by the court without a | ||||||
24 | jury.
| ||||||
25 | (x) Transcripts of Judgment.
| ||||||
26 | For the filing of a transcript of judgment, the clerk |
| |||||||
| |||||||
1 | shall be entitled
to the same fee as if it were the | ||||||
2 | commencement of a new suit.
| ||||||
3 | (y) Change of Venue.
| ||||||
4 | (1) For the filing of a change of case on a change of | ||||||
5 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
6 | were the commencement of a new suit.
| ||||||
7 | (2) The fee for the preparation and certification of a | ||||||
8 | record on a
change of venue to another jurisdiction, when | ||||||
9 | original documents are
forwarded, a minimum of $40 and a | ||||||
10 | maximum of $65.
| ||||||
11 | (z) Tax objection complaints.
| ||||||
12 | For each tax objection complaint containing one or more | ||||||
13 | tax
objections, regardless of the number of parcels | ||||||
14 | involved or the number of
taxpayers joining in the | ||||||
15 | complaint, a minimum of $50 and a maximum of
$100.
| ||||||
16 | (aa) Tax Deeds.
| ||||||
17 | (1) Petition for tax deed, if only one parcel is | ||||||
18 | involved, a minimum
of
$250 and a maximum of $400.
| ||||||
19 | (2) For each additional parcel, add a fee of a minimum | ||||||
20 | of $100 and a
maximum of $200.
| ||||||
21 | (bb) Collections.
| ||||||
22 | (1) For all collections made of others, except the | ||||||
23 | State and county
and except in maintenance or child support | ||||||
24 | cases, a sum equal to 3.0% of
the amount collected and | ||||||
25 | turned over.
| ||||||
26 | (2) Interest earned on any funds held by the clerk |
| |||||||
| |||||||
1 | shall be turned
over to the county general fund as an | ||||||
2 | earning of the office.
| ||||||
3 | (3) For any check, draft, or other bank instrument | ||||||
4 | returned to the
clerk for non-sufficient funds, account | ||||||
5 | closed, or payment stopped, $25.
| ||||||
6 | (4) In child support and maintenance cases, the clerk, | ||||||
7 | if authorized by an
ordinance of the county board, may | ||||||
8 | collect an annual fee of up to $36 from
the person making | ||||||
9 | payment for maintaining child support records and the
| ||||||
10 | processing of support orders to the State of Illinois KIDS | ||||||
11 | system and the
recording of payments issued by the State | ||||||
12 | Disbursement Unit for the official
record of the Court. | ||||||
13 | This fee shall be in addition
to and separate from amounts | ||||||
14 | ordered to be paid as maintenance or child
support and | ||||||
15 | shall be deposited into a Separate Maintenance and Child | ||||||
16 | Support
Collection Fund, of which the clerk shall be the | ||||||
17 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
18 | child support orders and record all payments
issued by the | ||||||
19 | State Disbursement Unit for the official record of the | ||||||
20 | Court.
The clerk may recover from the person making the | ||||||
21 | maintenance or child
support payment any additional cost | ||||||
22 | incurred in the collection of this annual
fee.
| ||||||
23 | The clerk shall also be entitled to a fee of $5 for | ||||||
24 | certifications made
to the Secretary of State as provided | ||||||
25 | in Section 7-703 of the Family
Financial Responsibility Law | ||||||
26 | and these fees shall also be deposited into the
Separate |
| |||||||
| |||||||
1 | Maintenance and Child Support Collection Fund.
| ||||||
2 | (cc) Corrections of Numbers.
| ||||||
3 | For correction of the case number, case title, or | ||||||
4 | attorney computer
identification number, if required by | ||||||
5 | rule of court, on any document filed
in the clerk's office, | ||||||
6 | to be charged against the party that filed the document,
a | ||||||
7 | minimum of $25 and a maximum of $40.
| ||||||
8 | (dd) Exceptions.
| ||||||
9 | (1) The fee requirements of this Section shall not | ||||||
10 | apply to police
departments or other law enforcement | ||||||
11 | agencies. In this Section, "law
enforcement agency" means | ||||||
12 | an agency of the State or a unit of local
government which | ||||||
13 | is vested by law or ordinance with the duty to maintain
| ||||||
14 | public order and to enforce criminal laws or ordinances. | ||||||
15 | "Law enforcement
agency" also means the Attorney General or | ||||||
16 | any state's attorney.
| ||||||
17 | (2) No fee provided herein shall be charged to any unit | ||||||
18 | of
local government or school district.
The fee | ||||||
19 | requirements of this Section shall not apply to any action | ||||||
20 | instituted
under subsection (b) of Section 11-31-1 of the | ||||||
21 | Illinois Municipal Code by a
private owner or tenant of | ||||||
22 | real property within 1200 feet of a dangerous or
unsafe | ||||||
23 | building seeking an order compelling the owner or owners of | ||||||
24 | the building
to take any of the actions authorized under | ||||||
25 | that subsection.
| ||||||
26 | (3) The fee requirements of this Section shall not |
| |||||||
| |||||||
1 | apply to the filing
of any
commitment petition or petition | ||||||
2 | for an order authorizing the administration of | ||||||
3 | psychotropic medication or electroconvulsive therapy
under | ||||||
4 | the Mental Health and
Developmental Disabilities Code.
| ||||||
5 | (ee) Adoption.
| ||||||
6 | (1) For an adoption ...............................$65
| ||||||
7 | (2) Upon good cause shown, the court may waive the | ||||||
8 | adoption filing fee
in a special needs adoption. The term | ||||||
9 | "special needs adoption" shall have
the meaning ascribed to | ||||||
10 | it by the Illinois Department of Children and Family
| ||||||
11 | Services.
| ||||||
12 | (ff) Adoption exemptions.
| ||||||
13 | No fee other than that set forth in subsection (ee) | ||||||
14 | shall be charged to
any person in connection with an | ||||||
15 | adoption proceeding
nor may any fee be
charged for | ||||||
16 | proceedings for
the appointment of a confidential | ||||||
17 | intermediary under the Adoption Act.
| ||||||
18 | (gg) Unpaid fees.
| ||||||
19 | Unless a court ordered payment schedule is implemented | ||||||
20 | or the fee
requirements of this Section are waived pursuant | ||||||
21 | to court order, the clerk of
the court may add to any | ||||||
22 | unpaid fees and costs under this Section a delinquency
| ||||||
23 | amount equal to 5% of the unpaid fees that remain unpaid | ||||||
24 | after 30 days, 10% of
the unpaid fees that remain unpaid | ||||||
25 | after 60 days, and 15% of the unpaid fees
that remain | ||||||
26 | unpaid after 90 days. Notice to those parties may be made |
| |||||||
| |||||||
1 | by
signage posting or publication. The additional | ||||||
2 | delinquency amounts collected under this Section shall
be | ||||||
3 | used to defray additional administrative costs incurred by | ||||||
4 | the clerk of the
circuit court in collecting unpaid fees | ||||||
5 | and costs.
| ||||||
6 | (Source: P.A. 95-172, eff. 8-14-07.)
| ||||||
7 | (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
| ||||||
8 | Sec. 27.3b. The clerk of court may accept payment of fines, | ||||||
9 | penalties,
or costs
by credit card
or debit card
approved by | ||||||
10 | the clerk from an offender who has been
convicted of or placed | ||||||
11 | on court supervision for a traffic
offense, petty offense, | ||||||
12 | regulatory offense, ordinance offense, or misdemeanor or who | ||||||
13 | has been
convicted of a felony offense. The clerk of the | ||||||
14 | circuit court may accept
credit card payments over the Internet | ||||||
15 | for fines, penalties, or costs from
offenders on voluntary | ||||||
16 | electronic pleas of guilty in minor traffic and
conservation | ||||||
17 | offenses to satisfy the requirement of written pleas of guilty | ||||||
18 | as
provided in Illinois Supreme Court Rule 529. The clerk of | ||||||
19 | the circuit court may accept
credit card payments over the | ||||||
20 | Internet for fines or costs from
offenders in regulatory | ||||||
21 | offenses to satisfy the requirement of written pleas of guilty | ||||||
22 | as
provided in Section 111-3.1 of the Code of Criminal | ||||||
23 | Procedure of 1963. The clerk of the court may also
accept
| ||||||
24 | payment of statutory fees by a credit card or debit card.
The | ||||||
25 | clerk of the court may
also accept the credit card
or debit |
| |||||||
| |||||||
1 | card
for the cash deposit of bail bond fees.
| ||||||
2 | The Clerk of the circuit court is authorized to enter into | ||||||
3 | contracts
with credit card
or debit card
companies approved by | ||||||
4 | the clerk and to negotiate the payment of convenience
and | ||||||
5 | administrative fees normally charged by those companies for | ||||||
6 | allowing the clerk of the circuit
court to accept their credit | ||||||
7 | cards
or debit cards
in payment as authorized herein. The clerk | ||||||
8 | of the circuit court is authorized
to enter into contracts with | ||||||
9 | third party fund guarantors, facilitators, and
service | ||||||
10 | providers under which those entities may contract directly with
| ||||||
11 | customers of
the clerk of the circuit court and guarantee and | ||||||
12 | remit the payments to the
clerk of the circuit court. Where the
| ||||||
13 | offender pays fines, penalties, or costs by credit card or | ||||||
14 | debit card or through a third party fund guarantor, | ||||||
15 | facilitator, or service
provider,
or anyone paying
statutory | ||||||
16 | fees of
the circuit court clerk or the posting of cash bail, | ||||||
17 | the clerk shall
collect a service fee of up to $5 or the amount | ||||||
18 | charged to the clerk for use of
its services by
the credit card | ||||||
19 | or debit card issuer, third party fund guarantor,
facilitator, | ||||||
20 | or service provider. This service fee shall be
in addition to | ||||||
21 | any other fines, penalties, or
costs. The clerk of the circuit | ||||||
22 | court is authorized to negotiate the
assessment of convenience | ||||||
23 | and administrative fees by the third party fund
guarantors, | ||||||
24 | facilitators, and service providers with the revenue earned by | ||||||
25 | the
clerk of the circuit court to be remitted
to the
county | ||||||
26 | general revenue fund.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
2 | Section 15. The Cannabis Control Act is amended by changing | ||||||
3 | Sections 1, 4, 9, and 10 as follows:
| ||||||
4 | (720 ILCS 550/1) (from Ch. 56 1/2, par. 701)
| ||||||
5 | Sec. 1.
| ||||||
6 | The General Assembly recognizes that (1) the current state | ||||||
7 | of scientific
and medical knowledge concerning the effects of | ||||||
8 | cannabis makes it necessary
to acknowledge the physical, | ||||||
9 | psychological and sociological damage which is
incumbent upon | ||||||
10 | its use; and (2) the use of cannabis occupies the unusual
| ||||||
11 | position of being widely used and pervasive among the citizens | ||||||
12 | of Illinois
despite its harmful effects ; and (2) (3) previous | ||||||
13 | legislation enacted to
control or forbid the use of cannabis | ||||||
14 | has often unnecessarily and
unrealistically drawn a large | ||||||
15 | segment of our population within the criminal
justice system | ||||||
16 | without succeeding in deterring the expansion of cannabis
use. | ||||||
17 | It is, therefore, the intent of the General Assembly, in the | ||||||
18 | interest
of the health and welfare of the citizens of Illinois, | ||||||
19 | to establish a
reasonable penalty system which is responsive to | ||||||
20 | the current state of
knowledge concerning cannabis and which | ||||||
21 | directs the greatest efforts of law
enforcement agencies toward | ||||||
22 | the commercial traffickers and large-scale
purveyors of | ||||||
23 | cannabis. To this end, this Act provides wide latitude in the
| ||||||
24 | sentencing discretion of the courts and establishes penalties |
| |||||||
| |||||||
1 | in a sharply
rising progression based on the amount of | ||||||
2 | substances containing cannabis
involved in each case.
| ||||||
3 | (Source: P.A. 77-758.)
| ||||||
4 | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
| ||||||
5 | Sec. 4. Cannabis possession. | ||||||
6 | (a) It is unlawful for any person knowingly to possess | ||||||
7 | cannabis. Any person
who violates this section with respect to:
| ||||||
8 | (1) (a) not more than 30 2.5 grams of any substance | ||||||
9 | containing cannabis is
guilty of a regulatory offense | ||||||
10 | charged by a Uniform Cannabis Ticket and shall be fined | ||||||
11 | $100 Class C misdemeanor ;
| ||||||
12 | (2) (blank); (b) more than 2.5 grams but not more than | ||||||
13 | 10 grams of any substance
containing cannabis is guilty of | ||||||
14 | a Class B misdemeanor;
| ||||||
15 | (3) (blank); (c) more than 10 grams but not more than | ||||||
16 | 30 grams of any substance
containing cannabis is guilty of | ||||||
17 | a Class A misdemeanor; provided, that if
any offense under | ||||||
18 | this subsection (c) is a subsequent offense, the offender
| ||||||
19 | shall be guilty of a Class 4 felony;
| ||||||
20 | (4) (d) more than 30 grams but not more than 500 grams | ||||||
21 | of any substance
containing cannabis is guilty of a Class A | ||||||
22 | misdemeanor 4 felony ; provided that if any
offense under | ||||||
23 | this paragraph (4) subsection (d) is a subsequent offense, | ||||||
24 | the offender
shall be guilty of a Class 4 3 felony;
| ||||||
25 | (5) (e) more than 500 grams but not more than 2,000 |
| |||||||
| |||||||
1 | grams of any substance
containing cannabis is guilty
of a | ||||||
2 | Class 3 felony;
| ||||||
3 | (6) (f) more than 2,000 grams but not more than 5,000 | ||||||
4 | grams of any
substance containing cannabis is guilty of a | ||||||
5 | Class 2 felony;
| ||||||
6 | (7) (g) more than 5,000 grams of any substance | ||||||
7 | containing cannabis is guilty
of a Class 1 felony.
| ||||||
8 | (Source: P.A. 90-397, eff. 8-15-97 .)
| ||||||
9 | (720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
| ||||||
10 | Sec. 9.
(a) Any person who engages in a calculated criminal
| ||||||
11 | cannabis conspiracy, as defined in subsection (b), is guilty of | ||||||
12 | a Class
3 felony, and fined not more than $200,000 and shall be | ||||||
13 | subject to the
forfeitures prescribed in subsection (c); except | ||||||
14 | that, if any person
engages in such offense after one or more | ||||||
15 | prior convictions under this
Section, Section 4 (a)(4) (d) , | ||||||
16 | Section 5 (d), Section 8 (d) or any law of the United
States
or | ||||||
17 | of any State relating to cannabis, or controlled substances as
| ||||||
18 | defined in the Illinois Controlled Substances Act, in addition | ||||||
19 | to the
fine and forfeiture authorized above, he shall be guilty | ||||||
20 | of a Class 1
felony for which an offender may not be sentenced | ||||||
21 | to death.
| ||||||
22 | (b) For purposes of this section, a person engages in a | ||||||
23 | calculated
criminal cannabis conspiracy when:
| ||||||
24 | (1) he violates Section 4 (a)(4) (d) , 4 (a)(5) (e) , 5 (d), 5 | ||||||
25 | (e), 8 (c)
or 8 (d) of this Act; and
|
| |||||||
| |||||||
1 | (2) such violation is a part of a conspiracy undertaken or | ||||||
2 | carried
on with 2 or more other persons; and
| ||||||
3 | (3) he obtains anything of value greater than $500 from, or
| ||||||
4 | organizes, directs or finances such violation or conspiracy.
| ||||||
5 | (c) Any person who is convicted under this Section of | ||||||
6 | engaging in a
calculated criminal cannabis conspiracy shall | ||||||
7 | forfeit to the State of
Illinois:
| ||||||
8 | (1) the receipts obtained by him in such conspiracy; and
| ||||||
9 | (2) any of his interests in, claims against, receipts from, | ||||||
10 | or
property or rights of any kind affording a source of | ||||||
11 | influence over,
such conspiracy.
| ||||||
12 | (d) The circuit court may enter such injunctions, | ||||||
13 | restraining
orders, directions, or prohibitions, or take such | ||||||
14 | other actions,
including the acceptance of satisfactory | ||||||
15 | performance bonds, in
connection with any property, claim, | ||||||
16 | receipt, right or other interest
subject to forfeiture under | ||||||
17 | this Section, as it deems proper.
| ||||||
18 | (Source: P.A. 84-1233.)
| ||||||
19 | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
| ||||||
20 | Sec. 10. (a)
Whenever any person who has not previously | ||||||
21 | been convicted of, or placed
on probation or court supervision | ||||||
22 | for, any offense under this Act or any
law of the United States | ||||||
23 | or of any State relating to cannabis, or controlled
substances | ||||||
24 | as defined in the Illinois Controlled Substances Act, pleads
| ||||||
25 | guilty to or is found guilty of violating Sections 4(a), 4(b), |
| |||||||
| |||||||
1 | 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without | ||||||
2 | entering a
judgment and with the consent of such person, | ||||||
3 | sentence him to probation.
| ||||||
4 | (b) When a person is placed on probation, the court shall | ||||||
5 | enter an order
specifying a period of probation of 24 months, | ||||||
6 | and shall defer further
proceedings in
the case until the | ||||||
7 | conclusion of the period or until the filing of a petition
| ||||||
8 | alleging violation of a term or condition of probation.
| ||||||
9 | (c) The conditions of probation shall be that the person: | ||||||
10 | (1) not violate
any criminal statute of any jurisdiction; (2) | ||||||
11 | refrain from possession of a
firearm
or other dangerous weapon; | ||||||
12 | (3) submit to periodic drug testing at a time and in
a manner | ||||||
13 | as ordered by the court, but no less than 3 times during the | ||||||
14 | period of
the probation, with the cost of the testing to be | ||||||
15 | paid by the probationer; and
(4) perform no less than 30 hours | ||||||
16 | of community service, provided community
service is available | ||||||
17 | in the jurisdiction and is funded and approved by the
county | ||||||
18 | board.
| ||||||
19 | (d) The court may, in addition to other conditions, require
| ||||||
20 | that the person:
| ||||||
21 | (1) make a report to and appear in person before or | ||||||
22 | participate with the
court or such courts, person, or | ||||||
23 | social service agency as directed by the
court in the order | ||||||
24 | of probation;
| ||||||
25 | (2) pay a fine and costs;
| ||||||
26 | (3) work or pursue a course of study or vocational |
| |||||||
| |||||||
1 | training;
| ||||||
2 | (4) undergo medical or psychiatric treatment; or | ||||||
3 | treatment for drug
addiction or alcoholism;
| ||||||
4 | (5) attend or reside in a facility established for the | ||||||
5 | instruction or
residence of defendants on probation;
| ||||||
6 | (6) support his dependents;
| ||||||
7 | (7) refrain from possessing a firearm or other | ||||||
8 | dangerous weapon;
| ||||||
9 | (7-5) refrain from having in his or her body the | ||||||
10 | presence of any illicit
drug prohibited by the Cannabis | ||||||
11 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
12 | Methamphetamine Control and Community Protection Act, | ||||||
13 | unless prescribed by a physician, and submit samples of
his | ||||||
14 | or her blood or urine or both for tests to determine the | ||||||
15 | presence of any
illicit drug;
| ||||||
16 | (8) and in addition, if a minor:
| ||||||
17 | (i) reside with his parents or in a foster home;
| ||||||
18 | (ii) attend school;
| ||||||
19 | (iii) attend a non-residential program for youth;
| ||||||
20 | (iv) contribute to his own support at home or in a | ||||||
21 | foster home.
| ||||||
22 | (e) Upon violation of a term or condition of probation, the
| ||||||
23 | court
may enter a judgment on its original finding of guilt and | ||||||
24 | proceed as otherwise
provided.
| ||||||
25 | (f) Upon fulfillment of the terms and
conditions of | ||||||
26 | probation, the court shall discharge such person and dismiss
|
| |||||||
| |||||||
1 | the proceedings against him.
| ||||||
2 | (g) A disposition of probation is considered to be a | ||||||
3 | conviction
for the purposes of imposing the conditions of | ||||||
4 | probation and for appeal,
however, discharge and dismissal | ||||||
5 | under this Section is not a conviction for
purposes of | ||||||
6 | disqualification or disabilities imposed by law upon | ||||||
7 | conviction of
a crime (including the additional penalty imposed | ||||||
8 | for subsequent offenses under
Section 4(a)(4), 4(c), 4(d), 5(c) | ||||||
9 | or 5(d) of this Act).
| ||||||
10 | (h) Discharge and dismissal under this Section,
Section 410 | ||||||
11 | of the Illinois Controlled Substances Act, Section 70 of the | ||||||
12 | Methamphetamine Control and Community Protection Act, Section | ||||||
13 | 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or | ||||||
14 | subsection (c) of Section 11-14 of the Criminal Code of 1961 or | ||||||
15 | the Criminal Code of 2012 may occur only once
with respect to | ||||||
16 | any person.
| ||||||
17 | (i) If a person is convicted of an offense under this Act, | ||||||
18 | the Illinois
Controlled Substances Act, or the Methamphetamine | ||||||
19 | Control and Community Protection Act within 5 years
subsequent | ||||||
20 | to a discharge and dismissal under this Section, the discharge | ||||||
21 | and
dismissal under this Section shall be admissible in the | ||||||
22 | sentencing proceeding
for that conviction
as a factor in | ||||||
23 | aggravation.
| ||||||
24 | (Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
25 | 98-164, eff. 1-1-14.)
|
| |||||||
| |||||||
1 | Section 20. The Code of Criminal Procedure of 1963 is | ||||||
2 | amended by adding Section 111-3.1 as follows:
| ||||||
3 | (725 ILCS 5/111-3.1 new) | ||||||
4 | Sec. 111-3.1. Uniform Cannabis Ticket. | ||||||
5 | (a) As used in this Section, "local authorities" means a | ||||||
6 | duly organized State, county, or municipal peace unit or police | ||||||
7 | force. | ||||||
8 | (b) For violation of paragraph (1) of subsection (a) of | ||||||
9 | Section 4 of the Cannabis Control Act, the local authorities | ||||||
10 | having jurisdiction shall, except as otherwise provided in this | ||||||
11 | Section, charge the violation by a Uniform Cannabis Ticket. A | ||||||
12 | copy of the Uniform Cannabis Ticket shall be sent to the | ||||||
13 | circuit court clerk, within 30 days, but in no event later than | ||||||
14 | 90 days after the violation. The Uniform Cannabis Ticket shall | ||||||
15 | include: | ||||||
16 | (1) the name and address of the defendant; | ||||||
17 | (2) the violation charged; | ||||||
18 | (3) the municipality where the violation occurred or if | ||||||
19 | in an unincorporated area the county where the violation | ||||||
20 | occurred; | ||||||
21 | (4) the statutory fine for the offense; | ||||||
22 | (5) the date by which the fine must be paid or plea of | ||||||
23 | not guilty entered by the defendant; | ||||||
24 | (6) a warning that failure to pay the fine or enter a | ||||||
25 | plea of not guilty by the date set in the Ticket, may |
| |||||||
| |||||||
1 | result in an order of contempt by the court and shall | ||||||
2 | result in issuance of a warrant of arrest for the | ||||||
3 | defendant; and | ||||||
4 | (7) a notice that the person may plead guilty and pay | ||||||
5 | the fine to the circuit court clerk or enter a plea of not | ||||||
6 | guilty to the circuit court clerk and request a trial. | ||||||
7 | (c) A person may not be arrested for an offense subject to | ||||||
8 | charging by a Uniform Cannabis Ticket, except as provided in | ||||||
9 | this subsection. A person may be arrested if: | ||||||
10 | (1) he or she is in possession of an identification | ||||||
11 | card, license, or other form of identification issued by | ||||||
12 | the federal government, this State or any other state, | ||||||
13 | municipality, or college or university, and fails to | ||||||
14 | produce the identification upon request of a police officer | ||||||
15 | who informs the person that he or she has been found in | ||||||
16 | possession of what appears to the officer to be a violation | ||||||
17 | of paragraph (1) of subsection (a) of Section 4 of the | ||||||
18 | Cannabis Control Act; | ||||||
19 | (2) he or she is without any form of identification and | ||||||
20 | fails or refuses to truthfully provide his or her name, | ||||||
21 | address, and date of birth to a police officer who has | ||||||
22 | informed the person that the officer intends to issue the | ||||||
23 | person with a Uniform Cannabis Ticket for a violation of | ||||||
24 | paragraph (1) of subsection (a) of Section 4 of the | ||||||
25 | Cannabis Control Act; or | ||||||
26 | (3) he or she fails to pay the fine or enter a plea of |
| |||||||
| |||||||
1 | not guilty within the time period set in the Uniform | ||||||
2 | Cannabis Ticket. | ||||||
3 | (d) The amount of bail for the offense charged by a Uniform | ||||||
4 | Cannabis Ticket shall be the amount as the Illinois Supreme | ||||||
5 | Court may establish by rule. | ||||||
6 | (e) The copy of the Uniform Cannabis Ticket filed with the | ||||||
7 | circuit court constitutes a complaint to which the defendant | ||||||
8 | may plead, unless he or she specifically requests that a | ||||||
9 | verified complaint be filed. A Uniform Cannabis Ticket may be | ||||||
10 | satisfied without a court appearance by a written plea of | ||||||
11 | guilty, and payment of fines and costs equal to $100, and if a | ||||||
12 | failure to appear to answer the charge has been entered, in | ||||||
13 | which case the fine and costs shall be equal to the $100 fine | ||||||
14 | plus $35. The balance remaining after deducting the amount | ||||||
15 | required by Section 27.1a or 27.2a of the Clerks of Courts Act | ||||||
16 | shall be distributed as follows: | ||||||
17 | (1) 44.5% shall be disbursed to the entity authorized | ||||||
18 | to receive the fine imposed in the case; | ||||||
19 | (2) 16.825% shall be disbursed to the State Treasurer; | ||||||
20 | and | ||||||
21 | (3) 38.675% shall be disbursed to the county's general | ||||||
22 | corporate fund. | ||||||
23 | (f) Except as otherwise provided in this Section, no other | ||||||
24 | fines, fees, penalties, or costs shall be assessed on a | ||||||
25 | conviction or plea of guilty to a Uniform Cannabis Ticket. | ||||||
26 | (g) A defendant who fails to pay the fine or enter a plea |
| |||||||
| |||||||
1 | of not guilty within the time period set in the Uniform | ||||||
2 | Cannabis Ticket is guilty of a regulatory offense as provided | ||||||
3 | in the offense charged in the Ticket. | ||||||
4 | (h) Nothing contained in this Section shall prohibit a unit | ||||||
5 | of local government from enacting an ordinance or bylaw | ||||||
6 | regulating or prohibiting the consumption of cannabis in public | ||||||
7 | places and providing for additional penalties for the public | ||||||
8 | use of cannabis, provided that the penalties are not greater | ||||||
9 | than those for the public consumption of alcohol. | ||||||
10 | (i) No issuance of a Uniform Cannabis Ticket, conviction, | ||||||
11 | or entry of a plea of guilty to a Uniform Cannabis Ticket shall | ||||||
12 | be considered a criminal offense or a violation of parole, | ||||||
13 | mandatory supervised release, probation, conditional | ||||||
14 | discharge, or supervision. | ||||||
15 | (j) No Uniform Cannabis Ticket for a violation of paragraph | ||||||
16 | (1) of subsection (a) of Section 4 of the Cannabis Control Act | ||||||
17 | shall be maintained in any criminal record or database.
| ||||||
18 | Section 25. The Unified Code of Corrections is amended by | ||||||
19 | changing Sections 5-9-1.1 and 5-9-1.4 and by adding Sections | ||||||
20 | 5-1-18.1-1 and 5-4.5-83 as follows:
| ||||||
21 | (730 ILCS 5/5-1-18.1-1 new) | ||||||
22 | Sec. 5-1-18.1-1. Regulatory Offense. "Regulatory offense" | ||||||
23 | means an offense which is not to be considered a criminal | ||||||
24 | offense and for which a fine in the amount specified in the |
| |||||||
| |||||||
1 | offense is the only allowed disposition.
| ||||||
2 | (730 ILCS 5/5-4.5-83 new) | ||||||
3 | Sec. 5-4.5-83. REGULATORY OFFENSES; SENTENCE. | ||||||
4 | (a) FINE. A defendant may be sentenced to pay a fine not to | ||||||
5 | exceed for each offense the amount specified in the statute | ||||||
6 | defining that offense. | ||||||
7 | (b) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
8 | probation or conditional discharge shall not be imposed. | ||||||
9 | (c) SUPERVISION. A period of supervision shall not be | ||||||
10 | imposed. | ||||||
11 | (d) NO CRIMINAL OFFENSE. A regulatory offense shall not be | ||||||
12 | considered a criminal offense, for any purpose, or a violation | ||||||
13 | of parole, mandatory supervised release, probation, | ||||||
14 | conditional discharge, or supervision. | ||||||
15 | (e) RECORDS. Upon final disposition and payment of all | ||||||
16 | fines and costs in relation to a regulatory offense after a | ||||||
17 | court appearance before a judge, the judge shall order the | ||||||
18 | sealing of the records of or relating to the regulatory offense | ||||||
19 | from the official records kept by the circuit court clerk, as | ||||||
20 | well as the obliteration of the name of the defendant from the | ||||||
21 | official index requested to be kept by the circuit court clerk | ||||||
22 | under Section 16 of the Clerks of Court Act. Upon final | ||||||
23 | disposition and payment of all fines and costs in relation to a | ||||||
24 | regulatory offense when a court appearance before a judge did | ||||||
25 | not occur, the circuit court clerk shall immediately seek a |
| |||||||
| |||||||
1 | court order to seal the records of or relating to the | ||||||
2 | regulatory offense from the official records kept by the | ||||||
3 | circuit court clerk, as well as the obliteration of the name of | ||||||
4 | the defendant from the official index requested to be kept by | ||||||
5 | the circuit court clerk under Section 16 of the Clerks of Court | ||||||
6 | Act. Upon entry of a sealing order, no information of any | ||||||
7 | character relating to its records shall be given or furnished | ||||||
8 | by the circuit court clerk to any person, bureau, or | ||||||
9 | institution other than as provided in this Act or other State | ||||||
10 | law, or when a governmental unit is required by state or | ||||||
11 | federal law to consider this information in the performance of | ||||||
12 | its duties. The circuit court clerk shall retain the records | ||||||
13 | sealed under this subsection (e). The sealed records maintained | ||||||
14 | under this subsection; however, are exempt from disclosure | ||||||
15 | under the Freedom of Information Act. No regulatory offense | ||||||
16 | record shall be maintained in any criminal record or database.
| ||||||
17 | (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1) | ||||||
18 | (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234, | ||||||
19 | 97-545, and 98-537) | ||||||
20 | Sec. 5-9-1.1. Drug related offenses. | ||||||
21 | (a) Except for a conviction or plea of guilty to a Uniform | ||||||
22 | Cannabis Ticket, when When a person has been adjudged guilty of | ||||||
23 | a drug related
offense involving possession or delivery of | ||||||
24 | cannabis or possession or delivery
of a controlled substance, | ||||||
25 | other than methamphetamine, as defined in the Cannabis Control |
| |||||||
| |||||||
1 | Act, as amended,
or the Illinois Controlled Substances Act, as | ||||||
2 | amended, in addition to any
other penalty imposed, a fine shall | ||||||
3 | be levied by the court at not less than
the full street value | ||||||
4 | of the cannabis or controlled substances seized. | ||||||
5 | "Street value" shall be determined by the court on the | ||||||
6 | basis of testimony
of law enforcement personnel and the | ||||||
7 | defendant as to the amount seized and
such testimony as may be | ||||||
8 | required by the court as to the current street
value of the | ||||||
9 | cannabis or controlled substance seized. | ||||||
10 | (b) In addition to any penalty imposed under subsection (a) | ||||||
11 | of this
Section, a fine of
$100 shall be levied by the court, | ||||||
12 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
13 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
14 | Clerks of Courts Act
for deposit into the Trauma
Center Fund | ||||||
15 | for distribution as provided under Section 3.225 of the | ||||||
16 | Emergency
Medical Services (EMS) Systems Act. | ||||||
17 | (c) In addition to any penalty imposed under subsection (a) | ||||||
18 | of this
Section, a fee of $5 shall be assessed by the court, | ||||||
19 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
20 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
21 | Clerks of Courts Act for deposit into the Spinal Cord
Injury | ||||||
22 | Paralysis Cure Research Trust Fund.
This additional fee of $5 | ||||||
23 | shall not be considered a part of the fine for
purposes of any | ||||||
24 | reduction in the fine for time served either before or after
| ||||||
25 | sentencing. | ||||||
26 | (d) In addition to any penalty imposed under subsection (a) |
| |||||||
| |||||||
1 | of this
Section for a drug related
offense involving possession | ||||||
2 | or delivery
of cannabis or possession or delivery of a | ||||||
3 | controlled substance as defined in the Cannabis Control Act, | ||||||
4 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
5 | Control and Community Protection Act, a fee of $50 shall be | ||||||
6 | assessed by the court, the proceeds of which
shall be collected | ||||||
7 | by the Circuit Clerk and remitted to the State Treasurer
under | ||||||
8 | Section 27.6 of the Clerks of Courts Act for deposit into the | ||||||
9 | Performance-enhancing Substance Testing Fund.
This additional | ||||||
10 | fee of $50 shall not be considered a part of the fine for
| ||||||
11 | purposes of any reduction in the fine for time served either | ||||||
12 | before or after
sentencing. The provisions of this subsection | ||||||
13 | (d), other than this sentence, are inoperative after June 30, | ||||||
14 | 2011. | ||||||
15 | (e) In addition to any penalty imposed under subsection (a) | ||||||
16 | of this
Section, a $25 assessment shall be assessed by the | ||||||
17 | court, the proceeds of which
shall be collected by the Circuit | ||||||
18 | Clerk and remitted to the State Treasurer for deposit into the | ||||||
19 | Criminal Justice Information Projects Fund. The moneys | ||||||
20 | deposited into the Criminal Justice Information Projects Fund | ||||||
21 | under this Section shall be appropriated to and administered by | ||||||
22 | the Illinois Criminal Justice Information Authority for | ||||||
23 | funding of drug task forces and Metropolitan Enforcement | ||||||
24 | Groups. | ||||||
25 | (f) In addition to any penalty imposed under subsection (a) | ||||||
26 | of this
Section, a $20 assessment shall be assessed by the |
| |||||||
| |||||||
1 | court, the proceeds of which
shall be collected by the Circuit | ||||||
2 | Clerk. Of the collected proceeds, (i) 90% shall be remitted to | ||||||
3 | the State Treasurer for deposit into the Prescription Pill and | ||||||
4 | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into | ||||||
5 | the Criminal Justice Information Projects Fund, for use by the | ||||||
6 | Illinois Criminal Justice Information Authority for the costs | ||||||
7 | associated with making grants from the Prescription Pill and | ||||||
8 | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% | ||||||
9 | for deposit into the Circuit Court Clerk Operation and | ||||||
10 | Administrative Fund for the costs associated with | ||||||
11 | administering this subsection. | ||||||
12 | (Source: P.A. 97-545, eff. 1-1-12; 98-537, eff. 8-23-13.)
| ||||||
13 | (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234, | ||||||
14 | 97-545, and 98-537) | ||||||
15 | Sec. 5-9-1.1. Drug related offenses. | ||||||
16 | (a) Except for a conviction or plea of guilty to a Uniform | ||||||
17 | Cannabis Ticket, when When a person has been adjudged guilty of | ||||||
18 | a drug related
offense involving possession or delivery of | ||||||
19 | cannabis or possession or delivery
of a controlled substance as | ||||||
20 | defined in the Cannabis Control Act, the Illinois Controlled | ||||||
21 | Substances Act, or the Methamphetamine Control and Community | ||||||
22 | Protection Act, in addition to any
other penalty imposed, a | ||||||
23 | fine shall be levied by the court at not less than
the full | ||||||
24 | street value of the cannabis or controlled substances seized. | ||||||
25 | "Street value" shall be determined by the court on the |
| |||||||
| |||||||
1 | basis of testimony
of law enforcement personnel and the | ||||||
2 | defendant as to the amount seized and
such testimony as may be | ||||||
3 | required by the court as to the current street
value of the | ||||||
4 | cannabis or controlled substance seized. | ||||||
5 | (b) In addition to any penalty imposed under subsection (a) | ||||||
6 | of this
Section, a fine of $100 shall be levied by the court, | ||||||
7 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
8 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
9 | Clerks of Courts Act for deposit into the Trauma
Center Fund | ||||||
10 | for distribution as provided under Section 3.225 of the | ||||||
11 | Emergency
Medical Services (EMS) Systems Act. | ||||||
12 | (c) In addition to any penalty imposed under subsection (a) | ||||||
13 | of this
Section, a fee of $5 shall be assessed by the court, | ||||||
14 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
15 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
16 | Clerks of Courts Act for deposit into the Spinal Cord
Injury | ||||||
17 | Paralysis Cure Research Trust Fund.
This additional fee of $5 | ||||||
18 | shall not be considered a part of the fine for
purposes of any | ||||||
19 | reduction in the fine for time served either before or after
| ||||||
20 | sentencing. | ||||||
21 | (d) In addition to any penalty imposed under subsection (a) | ||||||
22 | of this
Section for a drug related
offense involving possession | ||||||
23 | or delivery
of cannabis or possession or delivery of a | ||||||
24 | controlled substance as defined in the Cannabis Control Act, | ||||||
25 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
26 | Control and Community Protection Act, a fee of $50 shall be |
| |||||||
| |||||||
1 | assessed by the court, the proceeds of which
shall be collected | ||||||
2 | by the Circuit Clerk and remitted to the State Treasurer
under | ||||||
3 | Section 27.6 of the Clerks of Courts Act for deposit into the | ||||||
4 | Performance-enhancing Substance Testing Fund.
This additional | ||||||
5 | fee of $50 shall not be considered a part of the fine for
| ||||||
6 | purposes of any reduction in the fine for time served either | ||||||
7 | before or after
sentencing. The provisions of this subsection | ||||||
8 | (d), other than this sentence, are inoperative after June 30, | ||||||
9 | 2011. | ||||||
10 | (e) In addition to any penalty imposed under subsection (a) | ||||||
11 | of this
Section, a $25 assessment shall be assessed by the | ||||||
12 | court, the proceeds of which
shall be collected by the Circuit | ||||||
13 | Clerk and remitted to the State Treasurer for deposit into the | ||||||
14 | Criminal Justice Information Projects Fund. The moneys | ||||||
15 | deposited into the Criminal Justice Information Projects Fund | ||||||
16 | under this Section shall be appropriated to and administered by | ||||||
17 | the Illinois Criminal Justice Information Authority for | ||||||
18 | funding of drug task forces and Metropolitan Enforcement | ||||||
19 | Groups. | ||||||
20 | (f) In addition to any penalty imposed under subsection (a) | ||||||
21 | of this
Section, a $20 assessment shall be assessed by the | ||||||
22 | court, the proceeds of which
shall be collected by the Circuit | ||||||
23 | Clerk. Of the collected proceeds, (i) 90% shall be remitted to | ||||||
24 | the State Treasurer for deposit into the Prescription Pill and | ||||||
25 | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into | ||||||
26 | the Criminal Justice Information Projects Fund, for use by the |
| |||||||
| |||||||
1 | Illinois Criminal Justice Information Authority for the costs | ||||||
2 | associated with making grants from the Prescription Pill and | ||||||
3 | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% | ||||||
4 | for deposit into the Circuit Court Clerk Operation and | ||||||
5 | Administrative Fund for the costs associated with | ||||||
6 | administering this subsection. | ||||||
7 | (Source: P.A. 97-545, eff. 1-1-12; 98-537, eff. 8-23-13 .)
| ||||||
8 | (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
| ||||||
9 | Sec. 5-9-1.4. (a) "Crime laboratory" means any | ||||||
10 | not-for-profit
laboratory registered with the Drug Enforcement | ||||||
11 | Administration of the
United States Department of Justice, | ||||||
12 | substantially funded by a unit or
combination of units of local | ||||||
13 | government or the State of Illinois, which
regularly employs at | ||||||
14 | least one person engaged in the analysis
of controlled | ||||||
15 | substances, cannabis, methamphetamine, or steroids for | ||||||
16 | criminal justice
agencies in criminal matters and provides | ||||||
17 | testimony with respect to such
examinations.
| ||||||
18 | (b) Except for a conviction or plea of guilty to a Uniform | ||||||
19 | Cannabis Ticket, when When a person has been adjudged guilty of | ||||||
20 | an offense in violation of
the Cannabis Control Act, the | ||||||
21 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
22 | Control and Community Protection Act, or the
Steroid Control | ||||||
23 | Act, in addition to any other disposition, penalty or fine
| ||||||
24 | imposed, a criminal laboratory analysis fee of $100 for each
| ||||||
25 | offense for
which he was convicted shall be levied by the |
| |||||||
| |||||||
1 | court. Any person placed on
probation pursuant to Section 10 of | ||||||
2 | the Cannabis Control Act, Section 410
of the Illinois | ||||||
3 | Controlled Substances Act, Section 70 of the Methamphetamine | ||||||
4 | Control and Community Protection Act, or Section 10 of the | ||||||
5 | Steroid
Control Act or placed on supervision for a violation of | ||||||
6 | the Cannabis
Control Act, the Illinois Controlled Substances | ||||||
7 | Act or the Steroid Control
Act shall be assessed a criminal | ||||||
8 | laboratory analysis fee of $100
for each
offense for which he | ||||||
9 | was charged.
Upon verified petition of the person, the court | ||||||
10 | may suspend payment of
all or part of the fee if it finds that | ||||||
11 | the person does not have the ability
to pay the fee.
| ||||||
12 | (c) In addition to any other disposition made pursuant to | ||||||
13 | the provisions
of the Juvenile Court Act of 1987, any minor | ||||||
14 | adjudicated delinquent for an
offense
which if committed by an | ||||||
15 | adult would constitute a violation of the Cannabis
Control Act, | ||||||
16 | the Illinois Controlled Substances Act, the Methamphetamine | ||||||
17 | Control and Community Protection Act, or the Steroid Control
| ||||||
18 | Act shall be assessed a criminal laboratory analysis fee of | ||||||
19 | $100
for each
adjudication.
Upon verified petition of the | ||||||
20 | minor, the court may suspend payment of
all or part of the fee | ||||||
21 | if it finds that the minor does not have the ability
to pay the | ||||||
22 | fee.
The parent, guardian or legal custodian of the minor may | ||||||
23 | pay
some or all of such fee on the minor's behalf.
| ||||||
24 | (d) All criminal laboratory analysis fees provided for by | ||||||
25 | this Section shall
be collected by the clerk of the court and | ||||||
26 | forwarded to the appropriate
crime laboratory fund as provided |
| |||||||
| |||||||
1 | in subsection (f).
| ||||||
2 | (e) Crime laboratory funds shall be established as follows:
| ||||||
3 | (1) Any unit of local government which maintains a | ||||||
4 | crime laboratory may
establish a crime laboratory fund | ||||||
5 | within the office of the county or municipal treasurer.
| ||||||
6 | (2) Any combination of units of local government which | ||||||
7 | maintains a crime
laboratory may establish a crime | ||||||
8 | laboratory fund within the office of the
treasurer of the | ||||||
9 | county where the crime laboratory is situated.
| ||||||
10 | (3) The State Crime Laboratory Fund is hereby
created | ||||||
11 | as a special fund in the State Treasury.
| ||||||
12 | (f) The analysis fee provided for in subsections (b) and | ||||||
13 | (c) of this
Section shall be forwarded to the office of the | ||||||
14 | treasurer of the unit of
local government that performed the | ||||||
15 | analysis if that unit of local
government has established a | ||||||
16 | crime laboratory fund, or to the State Crime
Laboratory Fund if | ||||||
17 | the analysis was performed by a laboratory operated by
the | ||||||
18 | Illinois State Police. If the analysis was performed by a crime
| ||||||
19 | laboratory funded by a combination of units of local | ||||||
20 | government, the
analysis fee shall be forwarded to the | ||||||
21 | treasurer of the
county where the crime laboratory is situated | ||||||
22 | if a crime laboratory fund
has been established in that county. | ||||||
23 | If the unit of local government or
combination of units of | ||||||
24 | local government has not established a crime
laboratory fund, | ||||||
25 | then the analysis fee shall be forwarded to the State
Crime | ||||||
26 | Laboratory Fund. The clerk of the circuit
court may retain the |
| |||||||
| |||||||
1 | amount of $10 from each collected analysis fee
to
offset | ||||||
2 | administrative costs incurred in carrying out the clerk's
| ||||||
3 | responsibilities under this Section.
| ||||||
4 | (g) Fees deposited into a crime laboratory fund created | ||||||
5 | pursuant to
paragraphs (1) or (2) of subsection (e) of this | ||||||
6 | Section shall be in
addition to any allocations made pursuant | ||||||
7 | to existing law and shall be
designated for the exclusive use | ||||||
8 | of the crime laboratory. These uses may
include, but are not | ||||||
9 | limited to, the following:
| ||||||
10 | (1) costs incurred in providing analysis for | ||||||
11 | controlled substances in
connection with criminal | ||||||
12 | investigations conducted within this State;
| ||||||
13 | (2) purchase and maintenance of equipment for use in | ||||||
14 | performing analyses; and
| ||||||
15 | (3) continuing education, training and professional | ||||||
16 | development of
forensic
scientists regularly employed by | ||||||
17 | these laboratories.
| ||||||
18 | (h) Fees deposited in the State Crime Laboratory Fund | ||||||
19 | created pursuant
to paragraph (3) of subsection (d) of this | ||||||
20 | Section shall be used by State
crime laboratories as designated | ||||||
21 | by the Director of State Police. These
funds shall be in | ||||||
22 | addition to any allocations made pursuant to existing law
and | ||||||
23 | shall be designated for the exclusive use of State crime | ||||||
24 | laboratories.
These uses may include those enumerated in | ||||||
25 | subsection (g) of this Section.
| ||||||
26 | (Source: P.A. 94-556, eff. 9-11-05.)
|
| |||||||
| |||||||
1 | Section 95. No acceleration or delay. Where this Act makes | ||||||
2 | changes in a statute that is represented in this Act by text | ||||||
3 | that is not yet or no longer in effect (for example, a Section | ||||||
4 | represented by multiple versions), the use of that text does | ||||||
5 | not accelerate or delay the taking effect of (i) the changes | ||||||
6 | made by this Act or (ii) provisions derived from any other | ||||||
7 | Public Act.".
|