Bill Amendment: IL HB2367 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIM ID-SEALING RECORDS

Status: 2019-01-08 - Session Sine Die [HB2367 Detail]

Download: Illinois-2017-HB2367-House_Amendment_004.html

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Rep. La Shawn K. Ford

Filed: 4/9/2018

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AMENDMENT TO HOUSE BILL 2367
AMENDMENT NO. ______. Amend House Bill 2367, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the Unified Code of Corrections,
730 ILCS 5/5-1-2 through 5/5-1-22:
(i) Business Offense (730 ILCS 5/5-1-2),

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(ii) Charge (730 ILCS 5/5-1-3),
(iii) Court (730 ILCS 5/5-1-6),
(iv) Defendant (730 ILCS 5/5-1-7),
(v) Felony (730 ILCS 5/5-1-9),
(vi) Imprisonment (730 ILCS 5/5-1-10),
(vii) Judgment (730 ILCS 5/5-1-12),
(viii) Misdemeanor (730 ILCS 5/5-1-14),
(ix) Offense (730 ILCS 5/5-1-15),
(x) Parole (730 ILCS 5/5-1-16),
(xi) Petty Offense (730 ILCS 5/5-1-17),
(xii) Probation (730 ILCS 5/5-1-18),
(xiii) Sentence (730 ILCS 5/5-1-19),
(xiv) Supervision (730 ILCS 5/5-1-21), and
(xv) Victim (730 ILCS 5/5-1-22).
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by 730 ILCS
5/5-1-3) brought against a defendant where the
defendant is not arrested prior to or as a direct
result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered by
a legally constituted jury or by a court of competent
jurisdiction authorized to try the case without a jury.
An order of supervision successfully completed by the
petitioner is not a conviction. An order of qualified

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probation (as defined in subsection (a)(1)(J))
successfully completed by the petitioner is not a
conviction. An order of supervision or an order of
qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection

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(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively considered
the "last sentence" regardless of whether they were
ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner was
charged or for which the petitioner was arrested and
released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief under
this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act,

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Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Alcoholism and Other Drug Abuse and
Dependency Act, or Section 10 of the Steroid Control
Act. For the purpose of this Section, "successful
completion" of an order of qualified probation under
Section 10-102 of the Illinois Alcoholism and Other
Drug Dependency Act and Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act means that the
probation was terminated satisfactorily and the
judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit court
clerk under Section 16 of the Clerks of Courts Act, but
any index issued by the circuit court clerk before the
entry of the order to seal shall not be affected.

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(L) "Sexual offense committed against a minor"
includes but is not limited to the offenses of indecent
solicitation of a child or criminal sexual abuse when
the victim of such offense is under 18 years of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the law

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enforcement agency issuing the citation. Commencing 180
days after July 29, 2016 (the effective date of Public Act
99-697), the clerk of the circuit court shall expunge, upon
order of the court, or in the absence of a court order on
or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar provision
of a local ordinance, that occurred prior to the

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offender reaching the age of 25 years and the offender
has no other conviction for violating Section 11-501 or
11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance, except
Section 11-14 and a misdemeanor violation of
Section 11-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Sections 12-3.1 or 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of 2012,
or Section 125 of the Stalking No Contact Order

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Act, or Section 219 of the Civil No Contact Order
Act, or a similar provision of a local ordinance;
(iv) Class A misdemeanors or felony offenses
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) (blank).
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.2) Notwithstanding any other provision of this
Section, a petitioner may petition the circuit court to
expunge arrests or charges not initiated by arrest
resulting in:

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(A) Class 4 felony convictions for:
Prostitution under Section 11-14 of the
Criminal Code of 1961 or the Criminal Code of 2012.
Possession of cannabis under Section 4 of the
Cannabis Control Act.
Possession of a controlled substance under
Section 402 of the Illinois Controlled Substances
Act.
Offenses under the Methamphetamine Precursor
Control Act.
Offenses under the Steroid Control Act.
Theft under Section 16-1 of the Criminal Code
of 1961 or the Criminal Code of 2012.
Retail theft under Section 16A-3 or paragraph
(a) of 16-25 of the Criminal Code of 1961 or the
Criminal Code of 2012.
Deceptive practices under Section 17-1 of the
Criminal Code of 1961 or the Criminal Code of 2012.
Forgery under Section 17-3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Possession of burglary tools under Section
19-2 of the Criminal Code of 1961 or the Criminal
Code of 2012.
(B) Class 3 felony convictions for:
Theft under Section 16-1 of the Criminal Code
of 1961 or the Criminal Code of 2012.

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Retail theft under Section 16A-3 or paragraph
(a) of 16-25 of the Criminal Code of 1961 or the
Criminal Code of 2012.
Deceptive practices under Section 17-1 of the
Criminal Code of 1961 or the Criminal Code of 2012.
Forgery under Section 17-3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Possession with intent to manufacture or
deliver a controlled substance under Section 401
of the Illinois Controlled Substances Act.
(1.3) A petitioner may petition the circuit court to
expunge records of a civil law violation of subsection (a)
of Section 4 of the Cannabis Control Act or subsection (c)
of Section 3.5 of the Drug Paraphernalia Control Act.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of

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such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision of
a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.

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(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the

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Department, other criminal justice agencies, the
prosecutor, and the trial court concerning such arrest, if
any, by removing his or her name from all such records in
connection with the arrest and conviction, if any, and by
inserting in the records the name of the offender, if known
or ascertainable, in lieu of the aggrieved's name. The
records of the circuit court clerk shall be sealed until
further order of the court upon good cause shown and the
name of the aggrieved person obliterated on the official
index required to be kept by the circuit court clerk under
Section 16 of the Clerks of Courts Act, but the order shall
not affect any index issued by the circuit court clerk
before the entry of the order. Nothing in this Section
shall limit the Department of State Police or other
criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has
used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection

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with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Department of State Police concerning the offense
shall not be sealed. The court, upon good cause shown,
shall make the records of the circuit court clerk in
connection with the proceedings of the trial court
concerning the offense available for public inspection.
(6) If a conviction has been set aside on direct review
or on collateral attack and the court determines by clear
and convincing evidence that the petitioner was factually
innocent of the charge, the court that finds the petitioner
factually innocent of the charge shall enter an expungement
order for the conviction for which the petitioner has been
determined to be innocent as provided in subsection (b) of
Section 5-5-4 of the Unified Code of Corrections.
(7) Nothing in this Section shall prevent the
Department of State Police from maintaining all records of
any person who is admitted to probation upon terms and
conditions and who fulfills those terms and conditions
pursuant to Section 10 of the Cannabis Control Act, Section
410 of the Illinois Controlled Substances Act, Section 70
of the Methamphetamine Control and Community Protection
Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois

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Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Alcoholism and Other Drug Abuse and Dependency Act, or
Section 10 of the Steroid Control Act.
(8) If the petitioner has been granted a certificate of
innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any rights
to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and of
minors prosecuted as adults. Subsection (g) of this Section
provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest

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resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
time.
(B) Except as otherwise provided in subparagraph

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(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)). Convictions requiring public
registration under the Arsonist Registration Act, the
Sex Offender Registration Act, or the Murderer and
Violent Offender Against Youth Registration Act may
not be sealed until the petitioner is no longer
required to register under that relevant Act.
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
(c)(2)(F) may be sealed upon termination of the
petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career
certificate, vocational technical certification, or
bachelor's degree, or passed the high school level Test
of General Educational Development, during the period

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of his or her sentence, aftercare release, or mandatory
supervised release. This subparagraph shall apply only
to a petitioner who has not completed the same
educational goal prior to the period of his or her
sentence, aftercare release, or mandatory supervised
release. If a petition for sealing eligible records
filed under this subparagraph is denied by the court,
the time periods under subparagraph (B) or (C) shall
apply to any subsequent petition for sealing filed by
the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent felony
offense, order the unsealing of prior felony conviction
records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for the
sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):

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(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. In a county of
3,000,000 or more inhabitants, no fee shall be required to
be paid by a petitioner if the records sought to be
expunged or sealed were arrests resulting in release
without charging or arrests or charges not initiated by
arrest resulting in acquittal, dismissal, or conviction
when the conviction was reversed or vacated, unless
excluded by subsection (a)(3)(B). The provisions of this
paragraph (1.5), other than this sentence, are inoperative
on and after January 1, 2019 or one year after January 1,
2017 (the effective date of Public Act 99-881), whichever
is later.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of

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birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph (10)
of subsection (a) of Section 3-3-2 of the Unified Code of
Corrections, the certificate shall be attached to the
petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has passed a test taken
within 30 days before the filing of the petition showing
the absence within his or her body of all illegal
substances as defined by the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, and the Cannabis Control Act if he or she
is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or

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(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, the Department of State Police,
the arresting agency and the chief legal officer of the
unit of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the basis
of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge

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at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency, or
the chief legal officer files an objection to the
petition to expunge or seal within 60 days from the
date of service of the petition, the court shall enter
an order granting or denying the petition.
(7) Hearings. If an objection is filed, the court shall
set a date for a hearing and notify the petitioner and all
parties entitled to notice of the petition of the hearing
date at least 30 days prior to the hearing. Prior to the
hearing, the State's Attorney shall consult with the
Department as to the appropriateness of the relief sought
in the petition to expunge or seal. At the hearing, the
court shall hear evidence on whether the petition should or
should not be granted, and shall grant or deny the petition
to expunge or seal the records based on the evidence
presented at the hearing. The court may consider the
following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,

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and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Department, in a form and manner
prescribed by the Department, to the petitioner, to the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, to the arresting agency, to the
chief legal officer of the unit of local government
effecting the arrest, and to such other criminal justice
agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Department, and any other agency as ordered by
the court, within 60 days of the date of service of
the order, unless a motion to vacate, modify, or
reconsider the order is filed pursuant to
paragraph (12) of subsection (d) of this Section;
(ii) the records of the circuit court clerk

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shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Department, or the agency
receiving such inquiry, shall reply as it does in
response to inquiries when no records ever
existed.
(B) Upon entry of an order to expunge records
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index

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required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
pursuant to paragraph (12) of subsection (d) of
this Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):

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(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
under paragraph (12) of subsection (d) of this
Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of

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sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for these records
from anyone not authorized by law to access the
records, the court, the Department, or the agency
receiving the inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Department, and the court
shall seal the records (as defined in subsection
(a)(1)(K)). In response to an inquiry for such records,
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever existed.
(D) The Department shall send written notice to the
petitioner of its compliance with each order to expunge
or seal records within 60 days of the date of service
of that order or, if a motion to vacate, modify, or
reconsider is filed, within 60 days of service of the
order resolving the motion, if that order requires the
Department to expunge or seal records. In the event of
an appeal from the circuit court order, the Department

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shall send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(10) Fees. The Department may charge the petitioner a
fee equivalent to the cost of processing any order to
expunge or seal records. Notwithstanding any provision of
the Clerks of Courts Act to the contrary, the circuit court
clerk may charge a fee equivalent to the cost associated
with the sealing or expungement of records by the circuit
court clerk. From the total filing fee collected for the
petition to seal or expunge, the circuit court clerk shall
deposit $10 into the Circuit Court Clerk Operation and
Administrative Fund, to be used to offset the costs
incurred by the circuit court clerk in performing the
additional duties required to serve the petition to seal or
expunge on all parties. The circuit court clerk shall
collect and forward the Department of State Police portion
of the fee to the Department and it shall be deposited in
the State Police Services Fund.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after

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service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this Section
shall not be considered void because it fails to comply
with the provisions of this Section or because of any error
asserted in a motion to vacate, modify, or reconsider. The
circuit court retains jurisdiction to determine whether
the order is voidable and to vacate, modify, or reconsider
its terms based on a motion filed under paragraph (12) of
this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to notice

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of the petition must fully comply with the terms of the
order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records until
there is a final order on the motion for relief or, in the
case of an appeal, the issuance of that court's mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5, 2013
(the effective date of Public Act 98-163) and to all orders
ruling on a petition to expunge or seal on or after August
5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court

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order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only to the
arresting authority, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in

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counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Department be sealed until further
order of the court upon good cause shown or as otherwise
provided herein, and the name of the petitioner obliterated
from the official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts Act in
connection with the arrest and conviction for the offense for
which he or she had been granted the certificate but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of sealing, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for expungement

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by the Prisoner Review Board which specifically authorizes
expungement, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been granted the certificate
but the order shall not affect any index issued by the circuit
court clerk before the entry of the order. All records sealed
by the Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all expunged records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a copy

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of the order to the person who was granted the certificate of
eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any rights
to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282) this amendatory Act of the 100th
General Assembly, may be sealed immediately if the petition

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is filed with the circuit court clerk on the same day and
during the same hearing in which the case is disposed.
(3) When Records are Eligible to be Immediately Sealed.
Eligible records under paragraph (2) of this subsection (g)
may be sealed immediately after entry of the final
disposition of a case, notwithstanding the disposition of
other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective date
of Public Act 100-282) this amendatory Act of the 100th
General Assembly. The immediate sealing petition may
be filed with the circuit court clerk during the
hearing in which the final disposition of the case is
entered. If the defendant's attorney does not file the

10000HB2367ham004 - 37 - LRB100 09422 SLF 37703 a
petition for immediate sealing during the hearing, the
defendant may file a petition for sealing at any time
as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be required
to attach proof that he or she has passed a drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge shall
enter an order granting or denying the petition for
immediate sealing during the hearing in which it is
filed. Petitions for immediate sealing shall be ruled
on in the same hearing in which the final disposition
of the case is entered.
(F) Hearings. The court shall hear the petition for
immediate sealing on the same day and during the same
hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal

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eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Department of State Police shall comply
with paragraph (1) of subsection (d) of this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Department of
State Police may file a motion to vacate, modify, or
reconsider the order denying the petition to
immediately seal within 60 days of service of the
order. If filed more than 60 days after service of the
order, a petition to vacate, modify, or reconsider
shall comply with subsection (c) of Section 2-1401 of
the Code of Civil Procedure.
(L) Effect of Order. An order granting an immediate
sealing petition shall not be considered void because
it fails to comply with the provisions of this Section

10000HB2367ham004 - 39 - LRB100 09422 SLF 37703 a
or because of an error asserted in a motion to vacate,
modify, or reconsider. The circuit court retains
jurisdiction to determine whether the order is
voidable, and to vacate, modify, or reconsider its
terms based on a motion filed under subparagraph (L) of
this subsection (g).
(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) The Cannabis Expungement Fund is created as a special
fund in the State treasury. The Department of Human Services
shall, subject to appropriation by the General Assembly, use
all moneys in the Cannabis Expungement Fund to provide grants
to support communities within this State in socio-economic
distress.
(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
99-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
1-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised
10-13-17.)
Section 10. The State Finance Act is amended by adding
Section 5.886 as follows:

10000HB2367ham004 - 40 - LRB100 09422 SLF 37703 a
(30 ILCS 105/5.886 new)
Sec. 5.886. The Cannabis Expungement Fund.
Section 15. The Clerks of Courts Act is amended by changing
Sections 27.1a, 27.2, and 27.2a as follows:
(705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
Sec. 27.1a. The fees of the clerks of the circuit court in
all counties having a population of not more than 500,000
inhabitants in the instances described in this Section shall be
as provided in this Section. In those instances where a minimum
and maximum fee is stated, the clerk of the circuit court must
charge the minimum fee listed and may charge up to the maximum
fee if the county board has by resolution increased the fee.
The fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
With the following exceptions, the fee for filing a
complaint, petition, or other pleading initiating a civil
action shall be a minimum of $40 and shall be a maximum of
$160 through December 31, 2021 and a maximum of $154 on and
after January 1, 2022.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed
$250, $10.
(B) When that amount exceeds $250 but does not

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exceed $500, a minimum of $10 and a maximum of $20.
(C) When that amount exceeds $500 but does not
exceed $2500, a minimum of $25 and a maximum of $40.
(D) When that amount exceeds $2500 but does not
exceed $15,000, a minimum of $25 and a maximum of $75.
(E) For the exercise of eminent domain, a minimum
of $45 and a maximum of $150. For each additional lot
or tract of land or right or interest therein subject
to be condemned, the damages in respect to which shall
require separate assessment by a jury, a minimum of $45
and a maximum of $150.
(a-1) Family.
For filing a petition under the Juvenile Court Act of
1987, $25.
For filing a petition for a marriage license, $10.
For performing a marriage in court, $10.
For filing a petition under the Illinois Parentage Act
of 2015, $40.
(b) Eviction.
In each eviction case when the plaintiff seeks eviction
only or unites with his or her claim for eviction a claim
for rent or damages or both in the amount of $15,000 or
less, a minimum of $10 and a maximum of $50. When the
plaintiff unites his or her claim for eviction with a claim
for rent or damages or both exceeding $15,000, a minimum of
$40 and a maximum of $160.

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(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of his
or her answer or otherwise or joins another party as a
third party defendant, or both, the defendant shall pay a
fee for each counterclaim or third party action in an
amount equal to the fee he or she would have had to pay had
he or she brought a separate action for the relief sought
in the counterclaim or against the third party defendant,
less the amount of the appearance fee, if that has been
paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, a minimum of $20 and a maximum of $50. When
the amount exceeds $1500, but does not exceed $15,000, a
minimum of $40 and a maximum of $115. When the amount
exceeds $15,000, a minimum of $40 and a maximum of $200.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be a minimum of $15 and a maximum of $60, except as
follows:
(A) When the plaintiff in an eviction case seeks
eviction only, a minimum of $10 and a maximum of $50.
(B) When the amount in the case does not exceed
$1500, a minimum of $10 and a maximum of $30.
(C) When that amount exceeds $1500 but does not
exceed $15,000, a minimum of $15 and a maximum of $60.

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(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, a minimum of $5 and a maximum of $15; when the
amount exceeds $1,000 but does not exceed $5,000, a minimum
of $5 and a maximum of $30; and when the amount exceeds
$5,000, a minimum of $5 and a maximum of $50.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment or
order of court, except in eviction cases and small claims
cases or a petition to reopen an estate, to modify,
terminate, or enforce a judgment or order for child or
spousal support, or to modify, suspend, or terminate an
order for withholding, if filed before 30 days after the
entry of the judgment or order, a minimum of $20 and a
maximum of $50.
(2) Petition to vacate or modify any final judgment or
order of court, except a petition to modify, terminate, or
enforce a judgment or order for child or spousal support or
to modify, suspend, or terminate an order for withholding,
if filed later than 30 days after the entry of the judgment
or order, a minimum of $20 and a maximum of $75.
(3) Petition to vacate order of bond forfeiture, a
minimum of $10 and a maximum of $40.
(h) Mailing.
When the clerk is required to mail, the fee will be a

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minimum of $2 and a maximum of $10, plus the cost of
postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and eviction cases, a minimum of $2
and a maximum of $10.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, a
minimum of $60 and a maximum of $100.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in writing
with the seal of office, a minimum of $2 and a maximum of
$6.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, a
minimum of $20 and a maximum of $60.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, a
minimum of $50 and a maximum of $150.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of a minimum
of 20 cents and a maximum of 25 cents per page.
(5) For reproduction of any document contained in the
clerk's files:
(A) First page, a minimum of $1 and a maximum of

10000HB2367ham004 - 45 - LRB100 09422 SLF 37703 a
$2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the
clerk shall file the remanding order and reinstate the case
with either its original number or a new number. The Clerk
shall not charge any new or additional fee for the
reinstatement. Upon reinstatement the Clerk shall advise
the parties of the reinstatement. A party shall have the
same right to a jury trial on remand and reinstatement as
he or she had before the appeal, and no additional or new
fee or charge shall be made for a jury trial after remand.
(m) Record Search.
For each record search, within a division or municipal
district, the clerk shall be entitled to a search fee of a
minimum of $4 and a maximum of $6 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk
shall be entitled to a fee of a minimum of $4 and a maximum
of $6.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record

10000HB2367ham004 - 46 - LRB100 09422 SLF 37703 a
inquiry when this request is made in person and the records
are maintained in a current automated medium, and when no
hard copy print output is requested. The fees to be charged
for management records, multiple case records, and
multiple journal records may be specified by the Chief
Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) (Blank).
(q) Alias Summons.
For each alias summons or citation issued by the clerk,
a minimum of $2 and a maximum of $5.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with the
approval of the Administrative Office of the Illinois
Courts.
The clerk of the circuit court may provide additional
services for which there is no fee specified by statute in
connection with the operation of the clerk's office as may
be requested by the public and agreed to by the clerk and
approved by the chief judge of the circuit court. Any
charges for additional services shall be as agreed to
between the clerk and the party making the request and
approved by the chief judge of the circuit court. Nothing
in this subsection shall be construed to require any clerk

10000HB2367ham004 - 47 - LRB100 09422 SLF 37703 a
to provide any service not otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition to
other fees allowed by law, the sum of a minimum of $62.50
and a maximum of $212.50, as a fee for the services of a
jury in every civil action not quasi-criminal in its nature
and not a proceeding for the exercise of the right of
eminent domain and in every other action wherein the right
of trial by jury is or may be given by law. The jury fee
shall be paid by the party demanding a jury at the time of
filing the jury demand. If the fee is not paid by either
party, no jury shall be called in the action or proceeding,
and the same shall be tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, a minimum
of $10 and a maximum of $20; for recording the same, a
minimum of 25 cents and a maximum of 50 cents for each 100
words. Exceptions filed to claims presented to an assignee
of a debtor who has made a voluntary assignment for the
benefit of creditors shall be considered and treated, for
the purpose of taxing costs therein, as actions in which
the party or parties filing the exceptions shall be
considered as party or parties plaintiff, and the claimant
or claimants as party or parties defendant, and those
parties respectively shall pay to the clerk the same fees
as provided by this Section to be paid in other actions.

10000HB2367ham004 - 48 - LRB100 09422 SLF 37703 a
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of a
minimum of $15 and a maximum of $60 for each expungement
petition filed and an additional fee of a minimum of $2 and
a maximum of $4 for each certified copy of an order to
expunge arrest records. In addition to the filing fee, the
clerk shall collect $250 for each expungement petition
filed under paragraph (1.3) of subsection (b) of the
Criminal Identification Act which shall be transmitted to
the State Treasurer for deposit into the Cannabis
Expungement Fund.
(v) Probate.
The clerk is entitled to receive the fees specified in
this subsection (v), which shall be paid in advance, except
that, for good cause shown, the court may suspend, reduce,
or release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person, a
minimum of $50 and a maximum of $150, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a
minimum of $25 and a maximum of $40.
(B) When (i) proof of heirship alone is made, (ii)
a domestic or foreign will is admitted to probate
without administration (including proof of heirship),

10000HB2367ham004 - 49 - LRB100 09422 SLF 37703 a
or (iii) letters of office are issued for a particular
purpose without administration of the estate, the fee
shall be a minimum of $10 and a maximum of $40.
(C) For filing a petition to sell Real Estate, $50.
(2) For administration of the estate of a ward, a
minimum of $50 and a maximum of $75, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a
minimum of $25 and a maximum of $40.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the
estate or (ii) letters of office are issued in the
estate of a ward without administration of the estate,
including filing or joining in the filing of a tax
return or releasing a mortgage or consenting to the
marriage of the ward, the fee shall be a minimum of $10
and a maximum of $20.
(C) For filing a Petition to sell Real Estate, $50.
(3) In addition to the fees payable under subsection
(v)(1) or (v)(2) of this Section, the following fees are
payable:
(A) For each account (other than one final account)
filed in the estate of a decedent, or ward, a minimum
of $10 and a maximum of $25.
(B) For filing a claim in an estate when the amount

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claimed is $150 or more but less than $500, a minimum
of $10 and a maximum of $25; when the amount claimed is
$500 or more but less than $10,000, a minimum of $10
and a maximum of $40; when the amount claimed is
$10,000 or more, a minimum of $10 and a maximum of $60;
provided that the court in allowing a claim may add to
the amount allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest
of a will, enforcement of a contract to make a will,
and proceedings involving testamentary trusts or the
appointment of testamentary trustees, a minimum of $40
and a maximum of $60.
(D) For filing in an estate (i) the appearance of
any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad litem,
or special administrator, no fee.
(E) Except as provided in subsection (v)(3)(D),
for filing the appearance of any person or persons, a
minimum of $10 and a maximum of $30.
(F) For each jury demand, a minimum of $62.50 and a
maximum of $137.50.
(G) For disposition of the collection of a judgment
or settlement of an action or claim for wrongful death

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of a decedent or of any cause of action of a ward, when
there is no other administration of the estate, a
minimum of $30 and a maximum of $50, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except
that if the amount involved does not exceed $5,000, the
fee, including any amount paid under subsection
(v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
maximum of $20.
(H) For each certified copy of letters of office,
of court order or other certification, a minimum of $1
and a maximum of $2, plus a minimum of 50 cents and a
maximum of $1 per page in excess of 3 pages for the
document certified.
(I) For each exemplification, a minimum of $1 and a
maximum of $2, plus the fee for certification.
(4) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall pay
the cost of publication by the clerk directly to the
newspaper.
(5) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous
fee shall pay the same directly to the person entitled
thereto.
(6) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall pay
to the clerk all postage charges incurred by the clerk in

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mailing petitions, orders, notices, or other documents
pursuant to the provisions of the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, a minimum of $40 and a
maximum of $100.
(B) Misdemeanor complaints, a minimum of $25 and a
maximum of $75.
(C) Business offense complaints, a minimum of $25
and a maximum of $75.
(D) Petty offense complaints, a minimum of $25 and
a maximum of $75.
(E) Minor traffic or ordinance violations, $10.
(F) When court appearance required, $15.
(G) Motions to vacate or amend final orders, a
minimum of $20 and a maximum of $40.
(H) Motions to vacate bond forfeiture orders, a
minimum of $20 and a maximum of $40.
(I) Motions to vacate ex parte judgments, whenever
filed, a minimum of $20 and a maximum of $40.
(J) Motions to vacate judgment on forfeitures,
whenever filed, a minimum of $20 and a maximum of $40.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of

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State, a minimum of $20 and a maximum of $40.
(2) In counties having a population of not more than
500,000 inhabitants, when the violation complaint is
issued by a municipal police department, the clerk shall be
entitled to costs from each person convicted therein as
follows:
(A) Minor traffic or ordinance violations, $10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to
receive, unless the fee is excused upon a finding by the
court that the defendant is indigent, in addition to other
fees or costs allowed or imposed by law, the sum of a
minimum of $62.50 and a maximum of $137.50 as a fee for the
services of a jury. The jury fee shall be paid by the
defendant at the time of filing his or her jury demand. If
the fee is not so paid by the defendant, no jury shall be
called, and the case shall be tried by the court without a
jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the clerk
shall be entitled to the same fee as if it were the
commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change of
venue, the clerk shall be entitled to the same fee as if it

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were the commencement of a new suit.
(2) The fee for the preparation and certification of a
record on a change of venue to another jurisdiction, when
original documents are forwarded, a minimum of $10 and a
maximum of $40.
(z) Tax objection complaints.
For each tax objection complaint containing one or more
tax objections, regardless of the number of parcels
involved or the number of taxpayers joining on the
complaint, a minimum of $10 and a maximum of $50.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, a minimum of $45 and a maximum of $200.
(2) For each additional parcel, add a fee of a minimum
of $10 and a maximum of $60.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child support
cases, a sum equal to a minimum of 2% and a maximum of 2.5%
of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, $25.

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(4) In child support and maintenance cases, the clerk,
if authorized by an ordinance of the county board, may
collect an annual fee of up to $36 from the person making
payment for maintaining child support records and the
processing of support orders to the State of Illinois KIDS
system and the recording of payments issued by the State
Disbursement Unit for the official record of the Court.
This fee shall be in addition to and separate from amounts
ordered to be paid as maintenance or child support and
shall be deposited into a Separate Maintenance and Child
Support Collection Fund, of which the clerk shall be the
custodian, ex-officio, to be used by the clerk to maintain
child support orders and record all payments issued by the
State Disbursement Unit for the official record of the
Court. The clerk may recover from the person making the
maintenance or child support payment any additional cost
incurred in the collection of this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility Law
and these fees shall also be deposited into the Separate
Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by
rule of court, on any document filed in the clerk's office,

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to be charged against the party that filed the document, a
minimum of $10 and a maximum of $25.
(dd) Exceptions.
(1) The fee requirements of this Section shall not
apply to police departments or other law enforcement
agencies. In this Section, "law enforcement agency" means
an agency of the State or a unit of local government which
is vested by law or ordinance with the duty to maintain
public order and to enforce criminal laws or ordinances.
"Law enforcement agency" also means the Attorney General or
any state's attorney.
(2) No fee provided herein shall be charged to any unit
of local government or school district.
(3) The fee requirements of this Section shall not
apply to any action instituted under subsection (b) of
Section 11-31-1 of the Illinois Municipal Code by a private
owner or tenant of real property within 1200 feet of a
dangerous or unsafe building seeking an order compelling
the owner or owners of the building to take any of the
actions authorized under that subsection.
(4) The fee requirements of this Section shall not
apply to the filing of any commitment petition or petition
for an order authorizing the administration of
psychotropic medication or electroconvulsive therapy under
the Mental Health and Developmental Disabilities Code.
(ee) Adoptions.

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(1) For an adoption...............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The term
"special needs adoption" shall have the meaning ascribed to
it by the Illinois Department of Children and Family
Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding nor may any fee be charged for
proceedings for the appointment of a confidential
intermediary under the Adoption Act.
(Source: P.A. 99-85, eff. 1-1-16; 99-859, eff. 8-19-16;
100-173, eff. 1-1-18.)
(705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
Sec. 27.2. The fees of the clerks of the circuit court in
all counties having a population in excess of 500,000
inhabitants but less than 3,000,000 inhabitants in the
instances described in this Section shall be as provided in
this Section. In those instances where a minimum and maximum
fee is stated, counties with more than 500,000 inhabitants but
less than 3,000,000 inhabitants must charge the minimum fee
listed in this Section and may charge up to the maximum fee if
the county board has by resolution increased the fee. In
addition, the minimum fees authorized in this Section shall

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apply to all units of local government and school districts in
counties with more than 3,000,000 inhabitants. The fees shall
be paid in advance and shall be as follows:
(a) Civil Cases.
With the following exceptions, the fee for filing a
complaint, petition, or other pleading initiating a civil
action shall be a minimum of $150 and shall be a maximum of
$190 through December 31, 2021 and a maximum of $184 on and
after January 1, 2022.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed
$250, a minimum of $10 and a maximum of $15.
(B) When that amount exceeds $250 but does not
exceed $1,000, a minimum of $20 and a maximum of $40.
(C) When that amount exceeds $1,000 but does not
exceed $2500, a minimum of $30 and a maximum of $50.
(D) When that amount exceeds $2500 but does not
exceed $5,000, a minimum of $75 and a maximum of $100.
(D-5) When the amount exceeds $5,000 but does not
exceed $15,000, a minimum of $75 and a maximum of $150.
(E) For the exercise of eminent domain, $150. For
each additional lot or tract of land or right or
interest therein subject to be condemned, the damages
in respect to which shall require separate assessment
by a jury, $150.
(F) No fees shall be charged by the clerk to a

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petitioner in any order of protection including, but
not limited to, filing, modifying, withdrawing,
certifying, or photocopying petitions for orders of
protection, or for issuing alias summons, or for any
related filing service, certifying, modifying,
vacating, or photocopying any orders of protection.
(b) Eviction.
In each eviction case when the plaintiff seeks eviction
only or unites with his or her claim for eviction a claim
for rent or damages or both in the amount of $15,000 or
less, a minimum of $40 and a maximum of $75. When the
plaintiff unites his or her claim for eviction with a claim
for rent or damages or both exceeding $15,000, a minimum of
$150 and a maximum of $225.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of his
or her answer or otherwise or joins another party as a
third party defendant, or both, the defendant shall pay a
fee for each counterclaim or third party action in an
amount equal to the fee he or she would have had to pay had
he or she brought a separate action for the relief sought
in the counterclaim or against the third party defendant,
less the amount of the appearance fee, if that has been
paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not

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exceed $1500, a minimum of $50 and a maximum of $60. When
the amount exceeds $1500, but does not exceed $5,000, $75.
When the amount exceeds $5,000, but does not exceed
$15,000, $175. When the amount exceeds $15,000, a minimum
of $200 and a maximum of $250.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be a minimum of $50 and a maximum of $75, except as
follows:
(A) When the plaintiff in an eviction case seeks
eviction only, a minimum of $20 and a maximum of $40.
(B) When the amount in the case does not exceed
$1500, a minimum of $20 and a maximum of $40.
(C) When the amount in the case exceeds $1500 but
does not exceed $15,000, a minimum of $40 and a maximum
of $60.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, a minimum of $10 and a maximum of $15; when the
amount exceeds $1,000 but does not exceed $5,000, a minimum
of $20 and a maximum of $30; and when the amount exceeds
$5,000, a minimum of $30 and a maximum of $50.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment or
order of court, except in eviction cases and small claims

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cases or a petition to reopen an estate, to modify,
terminate, or enforce a judgment or order for child or
spousal support, or to modify, suspend, or terminate an
order for withholding, if filed before 30 days after the
entry of the judgment or order, a minimum of $40 and a
maximum of $50.
(2) Petition to vacate or modify any final judgment or
order of court, except a petition to modify, terminate, or
enforce a judgment or order for child or spousal support or
to modify, suspend, or terminate an order for withholding,
if filed later than 30 days after the entry of the judgment
or order, a minimum of $60 and a maximum of $75.
(3) Petition to vacate order of bond forfeiture, a
minimum of $20 and a maximum of $40.
(h) Mailing.
When the clerk is required to mail, the fee will be a
minimum of $6 and a maximum of $10, plus the cost of
postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and eviction cases, a minimum of $10
and a maximum of $15.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, a
minimum of $80 and a maximum of $125.
(k) Certification, Authentication, and Reproduction.

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(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in writing
with the seal of office, a minimum of $4 and a maximum of
$6.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, a
minimum of $50 and a maximum of $75.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, a
minimum of $120 and a maximum of $150.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of a minimum
of 20 and a maximum of 25 cents per page.
(5) For reproduction of any document contained in the
clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the
clerk shall file the remanding order and reinstate the case
with either its original number or a new number. The Clerk
shall not charge any new or additional fee for the
reinstatement. Upon reinstatement the Clerk shall advise
the parties of the reinstatement. A party shall have the

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same right to a jury trial on remand and reinstatement as
he or she had before the appeal, and no additional or new
fee or charge shall be made for a jury trial after remand.
(m) Record Search.
For each record search, within a division or municipal
district, the clerk shall be entitled to a search fee of a
minimum of $4 and a maximum of $6 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk
shall be entitled to a fee of a minimum of $4 and a maximum
of $6.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record
inquiry when this request is made in person and the records
are maintained in a current automated medium, and when no
hard copy print output is requested. The fees to be charged
for management records, multiple case records, and
multiple journal records may be specified by the Chief
Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) (Blank).
(q) Alias Summons.
For each alias summons or citation issued by the clerk,

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a minimum of $4 and a maximum of $5.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with the
approval of the Administrative Office of the Illinois
Courts.
The clerk of the circuit court may provide additional
services for which there is no fee specified by statute in
connection with the operation of the clerk's office as may
be requested by the public and agreed to by the clerk and
approved by the chief judge of the circuit court. Any
charges for additional services shall be as agreed to
between the clerk and the party making the request and
approved by the chief judge of the circuit court. Nothing
in this subsection shall be construed to require any clerk
to provide any service not otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition to
other fees allowed by law, the sum of a minimum of $192.50
and a maximum of $212.50, as a fee for the services of a
jury in every civil action not quasi-criminal in its nature
and not a proceeding for the exercise of the right of
eminent domain and in every other action wherein the right
of trial by jury is or may be given by law. The jury fee
shall be paid by the party demanding a jury at the time of
filing the jury demand. If the fee is not paid by either

10000HB2367ham004 - 65 - LRB100 09422 SLF 37703 a
party, no jury shall be called in the action or proceeding,
and the same shall be tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, a minimum
of $10 and a maximum of $20; for recording the same, a
minimum of 25¢ and a maximum of 50¢ for each 100 words.
Exceptions filed to claims presented to an assignee of a
debtor who has made a voluntary assignment for the benefit
of creditors shall be considered and treated, for the
purpose of taxing costs therein, as actions in which the
party or parties filing the exceptions shall be considered
as party or parties plaintiff, and the claimant or
claimants as party or parties defendant, and those parties
respectively shall pay to the clerk the same fees as
provided by this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of a
minimum of $30 and a maximum of $60 for each expungement
petition filed and an additional fee of a minimum of $2 and
a maximum of $4 for each certified copy of an order to
expunge arrest records. In addition to the filing fee, the
clerk shall collect $250 for each expungement petition
filed under paragraph (1.3) of subsection (b) of the
Criminal Identification Act which shall be transmitted to
the State Treasurer for deposit into the Cannabis
Expungement Fund.

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(v) Probate.
The clerk is entitled to receive the fees specified in
this subsection (v), which shall be paid in advance, except
that, for good cause shown, the court may suspend, reduce,
or release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person, a
minimum of $100 and a maximum of $150, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a
minimum of $25 and a maximum of $40.
(B) When (i) proof of heirship alone is made, (ii)
a domestic or foreign will is admitted to probate
without administration (including proof of heirship),
or (iii) letters of office are issued for a particular
purpose without administration of the estate, the fee
shall be a minimum of $25 and a maximum of $40.
(2) For administration of the estate of a ward, a
minimum of $50 and a maximum of $75, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a
minimum of $25 and a maximum of $40.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the

10000HB2367ham004 - 67 - LRB100 09422 SLF 37703 a
estate or (ii) letters of office are issued in the
estate of a ward without administration of the estate,
including filing or joining in the filing of a tax
return or releasing a mortgage or consenting to the
marriage of the ward, the fee shall be a minimum of $10
and a maximum of $20.
(3) In addition to the fees payable under subsection
(v)(1) or (v)(2) of this Section, the following fees are
payable:
(A) For each account (other than one final account)
filed in the estate of a decedent, or ward, a minimum
of $15 and a maximum of $25.
(B) For filing a claim in an estate when the amount
claimed is $150 or more but less than $500, a minimum
of $10 and a maximum of $20; when the amount claimed is
$500 or more but less than $10,000, a minimum of $25
and a maximum of $40; when the amount claimed is
$10,000 or more, a minimum of $40 and a maximum of $60;
provided that the court in allowing a claim may add to
the amount allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest
of a will, enforcement of a contract to make a will,
and proceedings involving testamentary trusts or the
appointment of testamentary trustees, a minimum of $40

10000HB2367ham004 - 68 - LRB100 09422 SLF 37703 a
and a maximum of $60.
(D) For filing in an estate (i) the appearance of
any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad litem,
or special administrator, no fee.
(E) Except as provided in subsection (v)(3)(D),
for filing the appearance of any person or persons, a
minimum of $10 and a maximum of $30.
(F) For each jury demand, a minimum of $102.50 and
a maximum of $137.50.
(G) For disposition of the collection of a judgment
or settlement of an action or claim for wrongful death
of a decedent or of any cause of action of a ward, when
there is no other administration of the estate, a
minimum of $30 and a maximum of $50, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except
that if the amount involved does not exceed $5,000, the
fee, including any amount paid under subsection
(v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
maximum of $20.
(H) For each certified copy of letters of office,
of court order or other certification, a minimum of $1
and a maximum of $2, plus a minimum of 50¢ and a
maximum of $1 per page in excess of 3 pages for the
document certified.

10000HB2367ham004 - 69 - LRB100 09422 SLF 37703 a
(I) For each exemplification, a minimum of $1 and a
maximum of $2, plus the fee for certification.
(4) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall pay
the cost of publication by the clerk directly to the
newspaper.
(5) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous
fee shall pay the same directly to the person entitled
thereto.
(6) The executor, administrator, guardian, petitioner,
or other interested person or his attorney shall pay to the
clerk all postage charges incurred by the clerk in mailing
petitions, orders, notices, or other documents pursuant to
the provisions of the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, a minimum of $80 and a
maximum of $125.
(B) Misdemeanor complaints, a minimum of $50 and a
maximum of $75.
(C) Business offense complaints, a minimum of $50
and a maximum of $75.
(D) Petty offense complaints, a minimum of $50 and

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a maximum of $75.
(E) Minor traffic or ordinance violations, $20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders, a
minimum of $20 and a maximum of $40.
(H) Motions to vacate bond forfeiture orders, a
minimum of $20 and a maximum of $30.
(I) Motions to vacate ex parte judgments, whenever
filed, a minimum of $20 and a maximum of $30.
(J) Motions to vacate judgment on forfeitures,
whenever filed, a minimum of $20 and a maximum of $25.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of
State, a minimum of $20 and a maximum of $40.
(2) In counties having a population of more than
500,000 but fewer than 3,000,000 inhabitants, when the
violation complaint is issued by a municipal police
department, the clerk shall be entitled to costs from each
person convicted therein as follows:
(A) Minor traffic or ordinance violations, $10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to
receive, unless the fee is excused upon a finding by the
court that the defendant is indigent, in addition to other
fees or costs allowed or imposed by law, the sum of a

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minimum of $50 and a maximum of $112.50 as a fee for the
services of a jury. The jury fee shall be paid by the
defendant at the time of filing his or her jury demand. If
the fee is not so paid by the defendant, no jury shall be
called, and the case shall be tried by the court without a
jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the clerk
shall be entitled to the same fee as if it were the
commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change of
venue, the clerk shall be entitled to the same fee as if it
were the commencement of a new suit.
(2) The fee for the preparation and certification of a
record on a change of venue to another jurisdiction, when
original documents are forwarded, a minimum of $25 and a
maximum of $40.
(z) Tax objection complaints.
For each tax objection complaint containing one or more
tax objections, regardless of the number of parcels
involved or the number of taxpayers joining in the
complaint, a minimum of $25 and a maximum of $50.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, a minimum of $150 and a maximum of $250.

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(2) For each additional parcel, add a fee of a minimum
of $50 and a maximum of $100.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child support
cases, a sum equal to a minimum of 2.5% and a maximum of
3.0% of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, $25.
(4) In child support and maintenance cases, the clerk,
if authorized by an ordinance of the county board, may
collect an annual fee of up to $36 from the person making
payment for maintaining child support records and the
processing of support orders to the State of Illinois KIDS
system and the recording of payments issued by the State
Disbursement Unit for the official record of the Court.
This fee shall be in addition to and separate from amounts
ordered to be paid as maintenance or child support and
shall be deposited into a Separate Maintenance and Child
Support Collection Fund, of which the clerk shall be the
custodian, ex officio ex-officio, to be used by the clerk
to maintain child support orders and record all payments

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issued by the State Disbursement Unit for the official
record of the Court. The clerk may recover from the person
making the maintenance or child support payment any
additional cost incurred in the collection of this annual
fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility Law
and these fees shall also be deposited into the Separate
Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by
rule of court, on any document filed in the clerk's office,
to be charged against the party that filed the document, a
minimum of $15 and a maximum of $25.
(dd) Exceptions.
The fee requirements of this Section shall not apply to
police departments or other law enforcement agencies. In
this Section, "law enforcement agency" means an agency of
the State or a unit of local government which is vested by
law or ordinance with the duty to maintain public order and
to enforce criminal laws or ordinances. "Law enforcement
agency" also means the Attorney General or any state's
attorney. The fee requirements of this Section shall not
apply to any action instituted under subsection (b) of

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Section 11-31-1 of the Illinois Municipal Code by a private
owner or tenant of real property within 1200 feet of a
dangerous or unsafe building seeking an order compelling
the owner or owners of the building to take any of the
actions authorized under that subsection.
The fee requirements of this Section shall not apply to
the filing of any commitment petition or petition for an
order authorizing the administration of psychotropic
medication or electroconvulsive therapy under the Mental
Health and Developmental Disabilities Code.
(ee) Adoptions.
(1) For an adoption...............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The term
"special needs adoption" shall have the meaning ascribed to
it by the Illinois Department of Children and Family
Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding nor may any fee be charged for
proceedings for the appointment of a confidential
intermediary under the Adoption Act.
(gg) Unpaid fees.
Unless a court ordered payment schedule is implemented
or the fee requirements of this Section are waived pursuant

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to court order, the clerk of the court may add to any
unpaid fees and costs under this Section a delinquency
amount equal to 5% of the unpaid fees that remain unpaid
after 30 days, 10% of the unpaid fees that remain unpaid
after 60 days, and 15% of the unpaid fees that remain
unpaid after 90 days. Notice to those parties may be made
by signage posting or publication. The additional
delinquency amounts collected under this Section shall be
used to defray additional administrative costs incurred by
the clerk of the circuit court in collecting unpaid fees
and costs.
(Source: P.A. 99-859, eff. 8-19-16; 100-173, eff. 1-1-18;
revised 10-6-17.)
(705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
Sec. 27.2a. The fees of the clerks of the circuit court in
all counties having a population of 3,000,000 or more
inhabitants in the instances described in this Section shall be
as provided in this Section. In those instances where a minimum
and maximum fee is stated, the clerk of the circuit court must
charge the minimum fee listed and may charge up to the maximum
fee if the county board has by resolution increased the fee.
The fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
With the following exceptions, the fee for filing a
complaint, petition, or other pleading initiating a civil

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action shall be a minimum of $190 and shall be a maximum of
$240 through December 31, 2021 and a maximum of $234 on and
after January 1, 2022.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed
$250, a minimum of $15 and a maximum of $22.
(B) When that amount exceeds $250 but does not
exceed $1000, a minimum of $40 and a maximum of $75.
(C) When that amount exceeds $1000 but does not
exceed $2500, a minimum of $50 and a maximum of $80.
(D) When that amount exceeds $2500 but does not
exceed $5000, a minimum of $100 and a maximum of $130.
(E) When that amount exceeds $5000 but does not
exceed $15,000, $150.
(F) For the exercise of eminent domain, $150. For
each additional lot or tract of land or right or
interest therein subject to be condemned, the damages
in respect to which shall require separate assessment
by a jury, $150.
(G) For the final determination of parking,
standing, and compliance violations and final
administrative decisions issued after hearings
regarding vehicle immobilization and impoundment made
pursuant to Sections 3-704.1, 6-306.5, and 11-208.3 of
the Illinois Vehicle Code, $25.
(H) No fees shall be charged by the clerk to a

10000HB2367ham004 - 77 - LRB100 09422 SLF 37703 a
petitioner in any order of protection including, but
not limited to, filing, modifying, withdrawing,
certifying, or photocopying petitions for orders of
protection, or for issuing alias summons, or for any
related filing service, certifying, modifying,
vacating, or photocopying any orders of protection.
(b) Eviction.
In each eviction case when the plaintiff seeks eviction
only or unites with his or her claim for eviction a claim
for rent or damages or both in the amount of $15,000 or
less, a minimum of $75 and a maximum of $140. When the
plaintiff unites his or her claim for eviction with a claim
for rent or damages or both exceeding $15,000, a minimum of
$225 and a maximum of $335.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of his
or her answer or otherwise or joins another party as a
third party defendant, or both, the defendant shall pay a
fee for each counterclaim or third party action in an
amount equal to the fee he or she would have had to pay had
he or she brought a separate action for the relief sought
in the counterclaim or against the third party defendant,
less the amount of the appearance fee, if that has been
paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not

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exceed $1500, a minimum of $60 and a maximum of $70. When
the amount exceeds $1500, but does not exceed $5000, a
minimum of $75 and a maximum of $150. When the amount
exceeds $5000, but does not exceed $15,000, a minimum of
$175 and a maximum of $260. When the amount exceeds
$15,000, a minimum of $250 and a maximum of $310.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be a minimum of $75 and a maximum of $110, except as
follows:
(A) When the plaintiff in an eviction case seeks
possession only, a minimum of $40 and a maximum of $80.
(B) When the amount in the case does not exceed
$1500, a minimum of $40 and a maximum of $80.
(C) When that amount exceeds $1500 but does not
exceed $15,000, a minimum of $60 and a maximum of $90.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, a minimum of $15 and a maximum of $25; when the
amount exceeds $1,000 but does not exceed $5,000, a minimum
of $30 and a maximum of $45; and when the amount exceeds
$5,000, a minimum of $50 and a maximum of $80.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment or
order of court, except in eviction cases and small claims

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cases or a petition to reopen an estate, to modify,
terminate, or enforce a judgment or order for child or
spousal support, or to modify, suspend, or terminate an
order for withholding, if filed before 30 days after the
entry of the judgment or order, a minimum of $50 and a
maximum of $60.
(2) Petition to vacate or modify any final judgment or
order of court, except a petition to modify, terminate, or
enforce a judgment or order for child or spousal support or
to modify, suspend, or terminate an order for withholding,
if filed later than 30 days after the entry of the judgment
or order, a minimum of $75 and a maximum of $90.
(3) Petition to vacate order of bond forfeiture, a
minimum of $40 and a maximum of $80.
(h) Mailing.
When the clerk is required to mail, the fee will be a
minimum of $10 and a maximum of $15, plus the cost of
postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and eviction cases, a minimum of $15
and a maximum of $20.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, a
minimum of $125 and a maximum of $190.
(k) Certification, Authentication, and Reproduction.

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(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in writing
with the seal of office, a minimum of $6 and a maximum of
$9.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, a
minimum of $75 and a maximum of $110.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, a
minimum of $150 and a maximum of $185.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of a minimum
of 25 and a maximum of 30 cents per page.
(5) For reproduction of any document contained in the
clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the
clerk shall file the remanding order and reinstate the case
with either its original number or a new number. The Clerk
shall not charge any new or additional fee for the
reinstatement. Upon reinstatement the Clerk shall advise
the parties of the reinstatement. A party shall have the

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same right to a jury trial on remand and reinstatement as
he or she had before the appeal, and no additional or new
fee or charge shall be made for a jury trial after remand.
(m) Record Search.
For each record search, within a division or municipal
district, the clerk shall be entitled to a search fee of a
minimum of $6 and a maximum of $9 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk
shall be entitled to a fee of a minimum of $6 and a maximum
of $9.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record
inquiry when this request is made in person and the records
are maintained in a current automated medium, and when no
hard copy print output is requested. The fees to be charged
for management records, multiple case records, and
multiple journal records may be specified by the Chief
Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) (Blank).
(q) Alias Summons.
For each alias summons or citation issued by the clerk,

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a minimum of $5 and a maximum of $6.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with the
approval of the Administrative Office of the Illinois
Courts.
The clerk of the circuit court may provide additional
services for which there is no fee specified by statute in
connection with the operation of the clerk's office as may
be requested by the public and agreed to by the clerk and
approved by the chief judge of the circuit court. Any
charges for additional services shall be as agreed to
between the clerk and the party making the request and
approved by the chief judge of the circuit court. Nothing
in this subsection shall be construed to require any clerk
to provide any service not otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition to
other fees allowed by law, the sum of a minimum of $212.50
and maximum of $230, as a fee for the services of a jury in
every civil action not quasi-criminal in its nature and not
a proceeding for the exercise of the right of eminent
domain and in every other action wherein the right of trial
by jury is or may be given by law. The jury fee shall be
paid by the party demanding a jury at the time of filing
the jury demand. If the fee is not paid by either party, no

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jury shall be called in the action or proceeding, and the
same shall be tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, a minimum
of $20 and a maximum of $40; for recording the same, a
minimum of 50¢ and a maximum of $0.80 for each 100 words.
Exceptions filed to claims presented to an assignee of a
debtor who has made a voluntary assignment for the benefit
of creditors shall be considered and treated, for the
purpose of taxing costs therein, as actions in which the
party or parties filing the exceptions shall be considered
as party or parties plaintiff, and the claimant or
claimants as party or parties defendant, and those parties
respectively shall pay to the clerk the same fees as
provided by this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of a
minimum of $60 and a maximum of $120 for each expungement
petition filed and an additional fee of a minimum of $4 and
a maximum of $8 for each certified copy of an order to
expunge arrest records. In addition to the filing fee, the
clerk shall collect $250 for each expungement petition
filed under paragraph (1.3) of subsection (b) of the
Criminal Identification Act which shall be transmitted to
the State Treasurer for deposit into the Cannabis
Expungement Fund.

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(v) Probate.
The clerk is entitled to receive the fees specified in
this subsection (v), which shall be paid in advance, except
that, for good cause shown, the court may suspend, reduce,
or release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person, a
minimum of $150 and a maximum of $225, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a
minimum of $40 and a maximum of $65.
(B) When (i) proof of heirship alone is made, (ii)
a domestic or foreign will is admitted to probate
without administration (including proof of heirship),
or (iii) letters of office are issued for a particular
purpose without administration of the estate, the fee
shall be a minimum of $40 and a maximum of $65.
(2) For administration of the estate of a ward, a
minimum of $75 and a maximum of $110, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a
minimum of $40 and a maximum of $65.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the

10000HB2367ham004 - 85 - LRB100 09422 SLF 37703 a
estate or (ii) letters of office are issued in the
estate of a ward without administration of the estate,
including filing or joining in the filing of a tax
return or releasing a mortgage or consenting to the
marriage of the ward, the fee shall be a minimum of $20
and a maximum of $40.
(3) In addition to the fees payable under subsection
(v)(1) or (v)(2) of this Section, the following fees are
payable:
(A) For each account (other than one final account)
filed in the estate of a decedent, or ward, a minimum
of $25 and a maximum of $40.
(B) For filing a claim in an estate when the amount
claimed is $150 or more but less than $500, a minimum
of $20 and a maximum of $40; when the amount claimed is
$500 or more but less than $10,000, a minimum of $40
and a maximum of $65; when the amount claimed is
$10,000 or more, a minimum of $60 and a maximum of $90;
provided that the court in allowing a claim may add to
the amount allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest
of a will, enforcement of a contract to make a will,
and proceedings involving testamentary trusts or the
appointment of testamentary trustees, a minimum of $60

10000HB2367ham004 - 86 - LRB100 09422 SLF 37703 a
and a maximum of $90.
(D) For filing in an estate (i) the appearance of
any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad litem,
or special administrator, no fee.
(E) Except as provided in subsection (v)(3)(D),
for filing the appearance of any person or persons, a
minimum of $30 and a maximum of $90.
(F) For each jury demand, a minimum of $137.50 and
a maximum of $180.
(G) For disposition of the collection of a judgment
or settlement of an action or claim for wrongful death
of a decedent or of any cause of action of a ward, when
there is no other administration of the estate, a
minimum of $50 and a maximum of $80, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except
that if the amount involved does not exceed $5,000, the
fee, including any amount paid under subsection
(v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a
maximum of $40.
(H) For each certified copy of letters of office,
of court order or other certification, a minimum of $2
and a maximum of $4, plus $1 per page in excess of 3
pages for the document certified.
(I) For each exemplification, $2, plus the fee for

10000HB2367ham004 - 87 - LRB100 09422 SLF 37703 a
certification.
(4) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall pay
the cost of publication by the clerk directly to the
newspaper.
(5) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous
fee shall pay the same directly to the person entitled
thereto.
(6) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall pay
to the clerk all postage charges incurred by the clerk in
mailing petitions, orders, notices, or other documents
pursuant to the provisions of the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, a minimum of $125 and a
maximum of $190.
(B) Misdemeanor complaints, a minimum of $75 and a
maximum of $110.
(C) Business offense complaints, a minimum of $75
and a maximum of $110.
(D) Petty offense complaints, a minimum of $75 and
a maximum of $110.

10000HB2367ham004 - 88 - LRB100 09422 SLF 37703 a
(E) Minor traffic or ordinance violations, $30.
(F) When court appearance required, $50.
(G) Motions to vacate or amend final orders, a
minimum of $40 and a maximum of $80.
(H) Motions to vacate bond forfeiture orders, a
minimum of $30 and a maximum of $45.
(I) Motions to vacate ex parte judgments, whenever
filed, a minimum of $30 and a maximum of $45.
(J) Motions to vacate judgment on forfeitures,
whenever filed, a minimum of $25 and a maximum of $30.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of
State, a minimum of $40 and a maximum of $50.
(2) In counties having a population of 3,000,000 or
more, when the violation complaint is issued by a municipal
police department, the clerk shall be entitled to costs
from each person convicted therein as follows:
(A) Minor traffic or ordinance violations, $30.
(B) When court appearance required, $50.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to
receive, unless the fee is excused upon a finding by the
court that the defendant is indigent, in addition to other
fees or costs allowed or imposed by law, the sum of a
minimum of $112.50 and a maximum of $250 as a fee for the
services of a jury. The jury fee shall be paid by the

10000HB2367ham004 - 89 - LRB100 09422 SLF 37703 a
defendant at the time of filing his or her jury demand. If
the fee is not so paid by the defendant, no jury shall be
called, and the case shall be tried by the court without a
jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the clerk
shall be entitled to the same fee as if it were the
commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change of
venue, the clerk shall be entitled to the same fee as if it
were the commencement of a new suit.
(2) The fee for the preparation and certification of a
record on a change of venue to another jurisdiction, when
original documents are forwarded, a minimum of $40 and a
maximum of $65.
(z) Tax objection complaints.
For each tax objection complaint containing one or more
tax objections, regardless of the number of parcels
involved or the number of taxpayers joining in the
complaint, a minimum of $50 and a maximum of $100.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, a minimum of $250 and a maximum of $400.
(2) For each additional parcel, add a fee of a minimum
of $100 and a maximum of $200.

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(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child support
cases, a sum equal to 3.0% of the amount collected and
turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, $25.
(4) In child support and maintenance cases, the clerk,
if authorized by an ordinance of the county board, may
collect an annual fee of up to $36 from the person making
payment for maintaining child support records and the
processing of support orders to the State of Illinois KIDS
system and the recording of payments issued by the State
Disbursement Unit for the official record of the Court.
This fee shall be in addition to and separate from amounts
ordered to be paid as maintenance or child support and
shall be deposited into a Separate Maintenance and Child
Support Collection Fund, of which the clerk shall be the
custodian, ex-officio, to be used by the clerk to maintain
child support orders and record all payments issued by the
State Disbursement Unit for the official record of the
Court. The clerk may recover from the person making the

10000HB2367ham004 - 91 - LRB100 09422 SLF 37703 a
maintenance or child support payment any additional cost
incurred in the collection of this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility Law
and these fees shall also be deposited into the Separate
Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by
rule of court, on any document filed in the clerk's office,
to be charged against the party that filed the document, a
minimum of $25 and a maximum of $40.
(dd) Exceptions.
(1) The fee requirements of this Section shall not
apply to police departments or other law enforcement
agencies. In this Section, "law enforcement agency" means
an agency of the State or a unit of local government which
is vested by law or ordinance with the duty to maintain
public order and to enforce criminal laws or ordinances.
"Law enforcement agency" also means the Attorney General or
any state's attorney.
(2) No fee provided herein shall be charged to any unit
of local government or school district. The fee
requirements of this Section shall not apply to any action
instituted under subsection (b) of Section 11-31-1 of the

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Illinois Municipal Code by a private owner or tenant of
real property within 1200 feet of a dangerous or unsafe
building seeking an order compelling the owner or owners of
the building to take any of the actions authorized under
that subsection.
(3) The fee requirements of this Section shall not
apply to the filing of any commitment petition or petition
for an order authorizing the administration of
psychotropic medication or electroconvulsive therapy under
the Mental Health and Developmental Disabilities Code.
(ee) Adoption.
(1) For an adoption...............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The term
"special needs adoption" shall have the meaning ascribed to
it by the Illinois Department of Children and Family
Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding nor may any fee be charged for
proceedings for the appointment of a confidential
intermediary under the Adoption Act.
(gg) Unpaid fees.
Unless a court ordered payment schedule is implemented
or the fee requirements of this Section are waived pursuant

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to court order, the clerk of the court may add to any
unpaid fees and costs under this Section a delinquency
amount equal to 5% of the unpaid fees that remain unpaid
after 30 days, 10% of the unpaid fees that remain unpaid
after 60 days, and 15% of the unpaid fees that remain
unpaid after 90 days. Notice to those parties may be made
by signage posting or publication. The additional
delinquency amounts collected under this Section shall be
used to defray additional administrative costs incurred by
the clerk of the circuit court in collecting unpaid fees
and costs.
(Source: P.A. 99-859, eff. 8-19-16; 100-173, eff. 1-1-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.".