Bill Text: IL HB3182 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the State Finance Act. Repeals the Family Responsibility Fund. Amends the Illinois Public Aid Code. Removes driver's licenses from the licenses that may be suspended for failure to respond to a subpoena or warrant regarding paternity or for failure to make timely support payments. Amends the Illinois Vehicle Code. Removes the prohibition on issuance of a driver's license to persons that are delinquent in making support payments and limits the prohibition on issuance of a driver's license to persons that have not posted security or proof of financial responsibility to those persons who have failed to do so in connection with the requirements of Chapter 7 of the Illinois Vehicle Code. Repeals the Family Financial Responsibility Law. Amends the Marriage and Dissolution Act and the Non-Support Punishment Act. Prohibits the suspension of a driver's license for visitation abuse or delinquency of court ordered support payments.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-26 - Tabled [HB3182 Detail]

Download: Illinois-2015-HB3182-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3182 Introduced , by Rep. Monique D. Davis SYNOPSIS AS INTRODUCED:
See Index
Amends the State Finance Act. Repeals the Family Responsibility Fund. Amends the Illinois Public Aid Code. Removes driver's licenses from the licenses that may be suspended for failure to respond to a subpoena or warrant regarding paternity or for failure to make timely support payments. Amends the Illinois Vehicle Code. Removes the prohibition on issuance of a driver's license to persons that are delinquent in making support payments and limits the prohibition on issuance of a driver's license to persons that have not posted security or proof of financial responsibility to those persons who have failed to do so in connection with the requirements of Chapter 7 of the Illinois Vehicle Code. Repeals the Family Financial Responsibility Law. Amends the Marriage and Dissolution Act and the Non-Support Punishment Act. Prohibits the suspension of a driver's license for visitation abuse or delinquency of court ordered support payments.
LRB099 09942 RJF 30160 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
(30 ILCS 105/5.415 rep.)
Section 5. The State Finance Act is amended by repealing
Section 5.415.
Section 10. The Illinois Public Aid Code is amended by
changing Section 10-17.6 as follows:
(305 ILCS 5/10-17.6) (from Ch. 23, par. 10-17.6)
Sec. 10-17.6. Certification of Information to Licensing
Agencies.
(a) The Illinois Department may provide by rule for
certification to any State licensing agency to suspend, revoke,
or deny issuance or renewal of licenses, except driver's
licenses, because of (i) the failure of responsible relatives
to comply with subpoenas or warrants relating to paternity or
child support proceedings and (ii) past due support owed by
responsible relatives under a support order entered by a court
or administrative body of this or any other State on behalf of
resident or non-resident persons receiving child support
enforcement services under Title IV, Part D of the Social
Security Act. The rule shall provide for notice to and an

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opportunity to be heard by each responsible relative affected
and any final administrative decision rendered by the
Department shall be reviewed only under and in accordance with
the Administrative Review Law.
(b) (Blank). The Illinois Department may provide by rule
for directing the Secretary of State to issue family financial
responsibility driving permits upon petition of responsible
relatives whose driver's licenses have been suspended in
accordance with subsection (b) of Section 7-702.1 of the
Illinois Vehicle Code. Any final administrative decisions
rendered by the Department upon such petitions shall be
reviewable only under and in accordance with the Administrative
Review Law.
(Source: P.A. 95-685, eff. 10-23-07; 96-1284, eff. 1-1-11.)
Section 15. The Illinois Vehicle Code is amended by
changing Sections 2-119, 6-103, 6-107.1, 6-118, 6-303, and
7-100 as follows:
(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
(Text of Section before amendment by P.A. 98-176)
Sec. 2-119. Disposition of fees and taxes.
(a) All moneys received from Salvage Certificates shall be
deposited in the Common School Fund in the State Treasury.
(b) Beginning January 1, 1990 and concluding December 31,
1994, of the money collected for each certificate of title,

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duplicate certificate of title and corrected certificate of
title, $0.50 shall be deposited into the Used Tire Management
Fund. Beginning January 1, 1990 and concluding December 31,
1994, of the money collected for each certificate of title,
duplicate certificate of title and corrected certificate of
title, $1.50 shall be deposited in the Park and Conservation
Fund.
Beginning January 1, 1995, of the money collected for each
certificate of title, duplicate certificate of title and
corrected certificate of title, $3.25 shall be deposited in the
Park and Conservation Fund. The moneys deposited in the Park
and Conservation Fund pursuant to this Section shall be used
for the acquisition and development of bike paths as provided
for in Section 805-420 of the Department of Natural Resources
(Conservation) Law (20 ILCS 805/805-420). The monies deposited
into the Park and Conservation Fund under this subsection shall
not be subject to administrative charges or chargebacks unless
otherwise authorized by this Act.
Beginning January 1, 2000, of the moneys collected for each
certificate of title, duplicate certificate of title, and
corrected certificate of title, $48 shall be deposited into the
Road Fund and $4 shall be deposited into the Motor Vehicle
License Plate Fund, except that if the balance in the Motor
Vehicle License Plate Fund exceeds $40,000,000 on the last day
of a calendar month, then during the next calendar month the $4
shall instead be deposited into the Road Fund.

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Beginning January 1, 2005, of the moneys collected for each
delinquent vehicle registration renewal fee, $20 shall be
deposited into the General Revenue Fund.
Except as otherwise provided in this Code, all remaining
moneys collected for certificates of title, and all moneys
collected for filing of security interests, shall be placed in
the General Revenue Fund in the State Treasury.
(c) All moneys collected for that portion of a driver's
license fee designated for driver education under Section 6-118
shall be placed in the Driver Education Fund in the State
Treasury.
(d) Beginning January 1, 1999, of the monies collected as a
registration fee for each motorcycle, motor driven cycle and
moped, 27% of each annual registration fee for such vehicle and
27% of each semiannual registration fee for such vehicle is
deposited in the Cycle Rider Safety Training Fund.
(e) Of the monies received by the Secretary of State as
registration fees or taxes or as payment of any other fee, as
provided in this Act, except fees received by the Secretary
under paragraph (7) of subsection (b) of Section 5-101 and
Section 5-109 of this Code, 37% shall be deposited into the
State Construction Account Fund.
(f) Of the total money collected for a CDL instruction
permit or original or renewal issuance of a commercial driver's
license (CDL) pursuant to the Uniform Commercial Driver's
License Act (UCDLA): (i) $6 of the total fee for an original or

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renewal CDL, and $6 of the total CDL instruction permit fee
when such permit is issued to any person holding a valid
Illinois driver's license, shall be paid into the
CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License
Information System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle Title
Information Service Trust Fund) and shall be used for the
purposes provided in Section 6z-23 of the State Finance Act and
(ii) $20 of the total fee for an original or renewal CDL or
commercial driver instruction permit shall be paid into the
Motor Carrier Safety Inspection Fund, which is hereby created
as a special fund in the State Treasury, to be used by the
Department of State Police, subject to appropriation, to hire
additional officers to conduct motor carrier safety
inspections pursuant to Chapter 18b of this Code.
(g) All remaining moneys received by the Secretary of State
as registration fees or taxes or as payment of any other fee,
as provided in this Act, except fees received by the Secretary
under paragraph (7)(A) of subsection (b) of Section 5-101 and
Section 5-109 of this Code, shall be deposited in the Road Fund
in the State Treasury. Moneys in the Road Fund shall be used
for the purposes provided in Section 8.3 of the State Finance
Act.
(h) (Blank).
(i) (Blank).
(j) (Blank).

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(k) There is created in the State Treasury a special fund
to be known as the Secretary of State Special License Plate
Fund. Money deposited into the Fund shall, subject to
appropriation, be used by the Office of the Secretary of State
(i) to help defray plate manufacturing and plate processing
costs for the issuance and, when applicable, renewal of any new
or existing registration plates authorized under this Code and
(ii) for grants made by the Secretary of State to benefit
Illinois Veterans Home libraries.
On or before October 1, 1995, the Secretary of State shall
direct the State Comptroller and State Treasurer to transfer
any unexpended balance in the Special Environmental License
Plate Fund, the Special Korean War Veteran License Plate Fund,
and the Retired Congressional License Plate Fund to the
Secretary of State Special License Plate Fund.
(l) The Motor Vehicle Review Board Fund is created as a
special fund in the State Treasury. Moneys deposited into the
Fund under paragraph (7) of subsection (b) of Section 5-101 and
Section 5-109 shall, subject to appropriation, be used by the
Office of the Secretary of State to administer the Motor
Vehicle Review Board, including without limitation payment of
compensation and all necessary expenses incurred in
administering the Motor Vehicle Review Board under the Motor
Vehicle Franchise Act.
(m) Effective July 1, 1996, there is created in the State
Treasury a special fund to be known as the Family

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Responsibility Fund. Moneys deposited into the Fund shall,
subject to appropriation, be used by the Office of the
Secretary of State for the purpose of enforcing the Family
Financial Responsibility Law.
(n) The Illinois Fire Fighters' Memorial Fund is created as
a special fund in the State Treasury. Moneys deposited into the
Fund shall, subject to appropriation, be used by the Office of
the State Fire Marshal for construction of the Illinois Fire
Fighters' Memorial to be located at the State Capitol grounds
in Springfield, Illinois. Upon the completion of the Memorial,
moneys in the Fund shall be used in accordance with Section
3-634.
(o) Of the money collected for each certificate of title
for all-terrain vehicles and off-highway motorcycles, $17
shall be deposited into the Off-Highway Vehicle Trails Fund.
(p) For audits conducted on or after July 1, 2003 pursuant
to Section 2-124(d) of this Code, 50% of the money collected as
audit fees shall be deposited into the General Revenue Fund.
(Source: P.A. 97-1136, eff. 1-1-13; 98-177, eff. 1-1-14;
98-756, eff. 7-16-14.)
(Text of Section after amendment by P.A. 98-176)
Sec. 2-119. Disposition of fees and taxes.
(a) All moneys received from Salvage Certificates shall be
deposited in the Common School Fund in the State Treasury.
(b) Beginning January 1, 1990 and concluding December 31,

HB3182 - 8 - LRB099 09942 RJF 30160 b
1994, of the money collected for each certificate of title,
duplicate certificate of title and corrected certificate of
title, $0.50 shall be deposited into the Used Tire Management
Fund. Beginning January 1, 1990 and concluding December 31,
1994, of the money collected for each certificate of title,
duplicate certificate of title and corrected certificate of
title, $1.50 shall be deposited in the Park and Conservation
Fund.
Beginning January 1, 1995, of the money collected for each
certificate of title, duplicate certificate of title and
corrected certificate of title, $3.25 shall be deposited in the
Park and Conservation Fund. The moneys deposited in the Park
and Conservation Fund pursuant to this Section shall be used
for the acquisition and development of bike paths as provided
for in Section 805-420 of the Department of Natural Resources
(Conservation) Law (20 ILCS 805/805-420). The monies deposited
into the Park and Conservation Fund under this subsection shall
not be subject to administrative charges or chargebacks unless
otherwise authorized by this Act.
Beginning January 1, 2000, of the moneys collected for each
certificate of title, duplicate certificate of title, and
corrected certificate of title, $48 shall be deposited into the
Road Fund and $4 shall be deposited into the Motor Vehicle
License Plate Fund, except that if the balance in the Motor
Vehicle License Plate Fund exceeds $40,000,000 on the last day
of a calendar month, then during the next calendar month the $4

HB3182 - 9 - LRB099 09942 RJF 30160 b
shall instead be deposited into the Road Fund.
Beginning January 1, 2005, of the moneys collected for each
delinquent vehicle registration renewal fee, $20 shall be
deposited into the General Revenue Fund.
Except as otherwise provided in this Code, all remaining
moneys collected for certificates of title, and all moneys
collected for filing of security interests, shall be placed in
the General Revenue Fund in the State Treasury.
(c) All moneys collected for that portion of a driver's
license fee designated for driver education under Section 6-118
shall be placed in the Driver Education Fund in the State
Treasury.
(d) Beginning January 1, 1999, of the monies collected as a
registration fee for each motorcycle, motor driven cycle and
moped, 27% of each annual registration fee for such vehicle and
27% of each semiannual registration fee for such vehicle is
deposited in the Cycle Rider Safety Training Fund.
(e) Of the monies received by the Secretary of State as
registration fees or taxes or as payment of any other fee, as
provided in this Act, except fees received by the Secretary
under paragraph (7) of subsection (b) of Section 5-101 and
Section 5-109 of this Code, 37% shall be deposited into the
State Construction Account Fund.
(f) Of the total money collected for a commercial learner's
permit (CLP) or original or renewal issuance of a commercial
driver's license (CDL) pursuant to the Uniform Commercial

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Driver's License Act (UCDLA): (i) $6 of the total fee for an
original or renewal CDL, and $6 of the total CLP fee when such
permit is issued to any person holding a valid Illinois
driver's license, shall be paid into the CDLIS/AAMVAnet/NMVTIS
Trust Fund (Commercial Driver's License Information
System/American Association of Motor Vehicle Administrators
network/National Motor Vehicle Title Information Service Trust
Fund) and shall be used for the purposes provided in Section
6z-23 of the State Finance Act and (ii) $20 of the total fee
for an original or renewal CDL or CLP shall be paid into the
Motor Carrier Safety Inspection Fund, which is hereby created
as a special fund in the State Treasury, to be used by the
Department of State Police, subject to appropriation, to hire
additional officers to conduct motor carrier safety
inspections pursuant to Chapter 18b of this Code.
(g) All remaining moneys received by the Secretary of State
as registration fees or taxes or as payment of any other fee,
as provided in this Act, except fees received by the Secretary
under paragraph (7)(A) of subsection (b) of Section 5-101 and
Section 5-109 of this Code, shall be deposited in the Road Fund
in the State Treasury. Moneys in the Road Fund shall be used
for the purposes provided in Section 8.3 of the State Finance
Act.
(h) (Blank).
(i) (Blank).
(j) (Blank).

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(k) There is created in the State Treasury a special fund
to be known as the Secretary of State Special License Plate
Fund. Money deposited into the Fund shall, subject to
appropriation, be used by the Office of the Secretary of State
(i) to help defray plate manufacturing and plate processing
costs for the issuance and, when applicable, renewal of any new
or existing registration plates authorized under this Code and
(ii) for grants made by the Secretary of State to benefit
Illinois Veterans Home libraries.
On or before October 1, 1995, the Secretary of State shall
direct the State Comptroller and State Treasurer to transfer
any unexpended balance in the Special Environmental License
Plate Fund, the Special Korean War Veteran License Plate Fund,
and the Retired Congressional License Plate Fund to the
Secretary of State Special License Plate Fund.
(l) The Motor Vehicle Review Board Fund is created as a
special fund in the State Treasury. Moneys deposited into the
Fund under paragraph (7) of subsection (b) of Section 5-101 and
Section 5-109 shall, subject to appropriation, be used by the
Office of the Secretary of State to administer the Motor
Vehicle Review Board, including without limitation payment of
compensation and all necessary expenses incurred in
administering the Motor Vehicle Review Board under the Motor
Vehicle Franchise Act.
(m) (Blank). Effective July 1, 1996, there is created in
the State Treasury a special fund to be known as the Family

HB3182 - 12 - LRB099 09942 RJF 30160 b
Responsibility Fund. Moneys deposited into the Fund shall,
subject to appropriation, be used by the Office of the
Secretary of State for the purpose of enforcing the Family
Financial Responsibility Law.
(n) The Illinois Fire Fighters' Memorial Fund is created as
a special fund in the State Treasury. Moneys deposited into the
Fund shall, subject to appropriation, be used by the Office of
the State Fire Marshal for construction of the Illinois Fire
Fighters' Memorial to be located at the State Capitol grounds
in Springfield, Illinois. Upon the completion of the Memorial,
moneys in the Fund shall be used in accordance with Section
3-634.
(o) Of the money collected for each certificate of title
for all-terrain vehicles and off-highway motorcycles, $17
shall be deposited into the Off-Highway Vehicle Trails Fund.
(p) For audits conducted on or after July 1, 2003 pursuant
to Section 2-124(d) of this Code, 50% of the money collected as
audit fees shall be deposited into the General Revenue Fund.
(Source: P.A. 97-1136, eff. 1-1-13; 98-176, eff. 7-8-15 (See
Section 10 of P.A. 98-722 for the effective date of changes
made by P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff.
7-16-14.)
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,

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renew, or allow the retention of any driver's license nor issue
any permit under this Code:
1. To any person, as a driver, who is under the age of
18 years except as provided in Section 6-107, and except
that an instruction permit may be issued under Section
6-107.1 to a child who is not less than 15 years of age if
the child is enrolled in an approved driver education
course as defined in Section 1-103 of this Code and
requires an instruction permit to participate therein,
except that an instruction permit may be issued under the
provisions of Section 6-107.1 to a child who is 17 years
and 3 months of age without the child having enrolled in an
approved driver education course and except that an
instruction permit may be issued to a child who is at least
15 years and 3 months of age, is enrolled in school, meets
the educational requirements of the Driver Education Act,
and has passed examinations the Secretary of State in his
or her discretion may prescribe;
1.5. To any person at least 18 years of age but less
than 21 years of age unless the person has, in addition to
any other requirements of this Code, successfully
completed an adult driver education course as provided in
Section 6-107.5 of this Code;
2. To any person who is under the age of 18 as an
operator of a motorcycle other than a motor driven cycle
unless the person has, in addition to meeting the

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provisions of Section 6-107 of this Code, successfully
completed a motorcycle training course approved by the
Illinois Department of Transportation and successfully
completes the required Secretary of State's motorcycle
driver's examination;
3. To any person, as a driver, whose driver's license
or permit has been suspended, during the suspension, nor to
any person whose driver's license or permit has been
revoked, except as provided in Sections 6-205, 6-206, and
6-208;
4. To any person, as a driver, who is a user of alcohol
or any other drug to a degree that renders the person
incapable of safely driving a motor vehicle;
5. To any person, as a driver, who has previously been
adjudged to be afflicted with or suffering from any mental
or physical disability or disease and who has not at the
time of application been restored to competency by the
methods provided by law;
6. To any person, as a driver, who is required by the
Secretary of State to submit an alcohol and drug evaluation
or take an examination provided for in this Code unless the
person has successfully passed the examination and
submitted any required evaluation;
7. To any person who is required under the provisions
of the laws of this State to deposit security or proof of
financial responsibility under Chapter 7 of this Code and

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who has not deposited the security or proof;
8. To any person when the Secretary of State has good
cause to believe that the person by reason of physical or
mental disability would not be able to safely operate a
motor vehicle upon the highways, unless the person shall
furnish to the Secretary of State a verified written
statement, acceptable to the Secretary of State, from a
competent medical specialist, a licensed physician
assistant who has been delegated the performance of medical
examinations by his or her supervising physician, or a
licensed advanced practice nurse who has a written
collaborative agreement with a collaborating physician
which authorizes him or her to perform medical
examinations, to the effect that the operation of a motor
vehicle by the person would not be inimical to the public
safety;
9. To any person, as a driver, who is 69 years of age
or older, unless the person has successfully complied with
the provisions of Section 6-109;
10. To any person convicted, within 12 months of
application for a license, of any of the sexual offenses
enumerated in paragraph 2 of subsection (b) of Section
6-205;
11. To any person who is under the age of 21 years with
a classification prohibited in paragraph (b) of Section
6-104 and to any person who is under the age of 18 years

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with a classification prohibited in paragraph (c) of
Section 6-104;
12. To any person who has been either convicted of or
adjudicated under the Juvenile Court Act of 1987 based upon
a violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act while that person was in
actual physical control of a motor vehicle. For purposes of
this Section, any person placed on probation under Section
10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act shall
not be considered convicted. Any person found guilty of
this offense, while in actual physical control of a motor
vehicle, shall have an entry made in the court record by
the judge that this offense did occur while the person was
in actual physical control of a motor vehicle and order the
clerk of the court to report the violation to the Secretary
of State as such. The Secretary of State shall not issue a
new license or permit for a period of one year;
13. To any person who is under the age of 18 years and
who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section
6-101 or a similar out of state offense;
14. (Blank); To any person who is 90 days or more
delinquent in court ordered child support payments or has

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been adjudicated in arrears in an amount equal to 90 days'
obligation or more and who has been found in contempt of
court for failure to pay the support, subject to the
requirements and procedures of Article VII of Chapter 7 of
the Illinois Vehicle Code;
14.5. (Blank); To any person certified by the Illinois
Department of Healthcare and Family Services as being 90
days or more delinquent in payment of support under an
order of support entered by a court or administrative body
of this or any other State, subject to the requirements and
procedures of Article VII of Chapter 7 of this Code
regarding those certifications;
15. To any person released from a term of imprisonment
for violating Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision of a law
of another state relating to reckless homicide or for
violating subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code relating to aggravated
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof, if the violation was the proximate
cause of a death, within 24 months of release from a term
of imprisonment;
16. To any person who, with intent to influence any act
related to the issuance of any driver's license or permit,
by an employee of the Secretary of State's Office, or the

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owner or employee of any commercial driver training school
licensed by the Secretary of State, or any other individual
authorized by the laws of this State to give driving
instructions or administer all or part of a driver's
license examination, promises or tenders to that person any
property or personal advantage which that person is not
authorized by law to accept. Any persons promising or
tendering such property or personal advantage shall be
disqualified from holding any class of driver's license or
permit for 120 consecutive days. The Secretary of State
shall establish by rule the procedures for implementing
this period of disqualification and the procedures by which
persons so disqualified may obtain administrative review
of the decision to disqualify;
17. To any person for whom the Secretary of State
cannot verify the accuracy of any information or
documentation submitted in application for a driver's
license; or
18. To any person who has been adjudicated under the
Juvenile Court Act of 1987 based upon an offense that is
determined by the court to have been committed in
furtherance of the criminal activities of an organized
gang, as provided in Section 5-710 of that Act, and that
involved the operation or use of a motor vehicle or the use
of a driver's license or permit. The person shall be denied
a license or permit for the period determined by the court.

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The Secretary of State shall retain all conviction
information, if the information is required to be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 97-185, eff. 7-22-11; 97-1150, eff. 1-25-13;
98-167, eff. 7-1-14; 98-756, eff. 7-16-14.)
(625 ILCS 5/6-107.1)
Sec. 6-107.1. Instruction permit for a minor.
(a) The Secretary of State, upon receiving proper
application and payment of the required fee, may issue an
instruction permit to any person under the age of 18 years who
is not ineligible for a license under paragraphs 1, 3, 4, 5, 7,
or 8 of Section 6-103, after the applicant has successfully
passed such examination as the Secretary of State in his
discretion may prescribe.
(1) An instruction permit issued under this Section
shall be valid for a period of 24 months after the date of
its issuance and shall be restricted, by the Secretary of
State, to the operation of a motor vehicle by the minor
only when under direct supervision of the adult instructor
of a driver education program during enrollment in the
program or when practicing under direct supervision of a
parent, legal guardian, family member, or a person in loco
parentis who is 21 years of age or more, has a license
classification to operate such vehicle and at least one
year of driving experience, and who is occupying a seat

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beside the driver.
(2) A 24 month instruction permit for a motor driven
cycle may be issued to a person 16 or 17 years of age and
entitles the holder to drive upon the highways during
daylight under direct supervision of a licensed motor
driven cycle operator or motorcycle operator 21 years of
age or older who has a license classification to operate
such motor driven cycle or motorcycle and at least one year
of driving experience.
(3) A 24 month instruction permit for a motorcycle
other than a motor driven cycle may be issued to a person
16 or 17 years of age in accordance with the provisions of
paragraph 2 of Section 6-103 and entitles a holder to drive
upon the highways during daylight under the direct
supervision of a licensed motorcycle operator 21 years of
age or older who has at least one year of driving
experience.
(b) An instruction permit issued under this Section when
issued to a person under the age of 18 years shall, as a matter
of law, be invalid for the operation of any motor vehicle
during the following times:
(1) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
(2) Between 11:00 p.m. Saturday and 6:00 a.m. on
Sunday; and
(3) Between 10:00 p.m. on Sunday to Thursday,
inclusive, and 6:00 a.m. on the following day.

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The instruction permit of a person under the age of 18
shall not be invalid as described in paragraph (b) of this
Section if the instruction permit holder under the age of 18
was:
(1) accompanied by the minor's parent or guardian or
other person in custody or control of the minor;
(2) on an errand at the direction of the minor's parent
or guardian, without any detour or stop;
(3) in a motor vehicle involved in interstate travel;
(4) going to or returning home from an employment
activity, without any detour or stop;
(5) involved in an emergency;
(6) going to or returning home from, without any detour
or stop, an official school, religious, or other
recreational activity supervised by adults and sponsored
by a government or governmental agency, a civic
organization, or another similar entity that takes
responsibility for the licensee, without any detour or
stop;
(7) exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of
religion, freedom of speech, and the right of assembly; or
(8) married or had been married or is an emancipated
minor under the Emancipation of Minors Act.
(b-1) No instruction permit shall be issued to any
applicant who is under the age of 18 years and who has been

HB3182 - 22 - LRB099 09942 RJF 30160 b
certified to be a chronic or habitual truant, as defined in
Section 26-2a of the School Code.
An applicant under the age of 18 years who provides proof
that he or she has resumed regular school attendance or that
his or her application was denied in error shall be eligible to
receive an instruction permit if other requirements are met.
The Secretary shall adopt rules for implementing this
subsection (b-1).
(c) Any person under the age of 16 years who possesses an
instruction permit and whose driving privileges have been
suspended or revoked under the provisions of this Code shall
not be granted a Family Financial Responsibility Driving Permit
or a Restricted Driving Permit.
(Source: P.A. 95-310, eff. 1-1-08; 96-1237, eff. 1-1-11.)
(625 ILCS 5/6-118)
(Text of Section before amendment by P.A. 98-176)
Sec. 6-118. Fees.
(a) The fee for licenses and permits under this Article is
as follows:
Original driver's license.............................$30
Original or renewal driver's license
issued to 18, 19 and 20 year olds.................. 5
All driver's licenses for persons
age 69 through age 80.............................. 5
All driver's licenses for persons

HB3182 - 23 - LRB099 09942 RJF 30160 b
age 81 through age 86.............................. 2
All driver's licenses for persons
age 87 or older.....................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older)..................................30
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously
held an Illinois instruction permit or
driver's license.................................. 20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal.................. 5
Any instruction permit issued to a person
age 69 and older................................... 5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois....................................... 10
Restricted driving permit.............................. 8
Monitoring device driving permit...................... 8
Duplicate or corrected driver's license

HB3182 - 24 - LRB099 09942 RJF 30160 b
or permit.......................................... 5
Duplicate or corrected restricted
driving permit..................................... 5
Duplicate or corrected monitoring
device driving permit.................................. 5
Duplicate driver's license or permit issued to
an active-duty member of the
United States Armed Forces,
the member's spouse, or
the dependent children living
with the member................................... 0
Original or renewal M or L endorsement................. 5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle
Title Information Service Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:............................. $60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;

HB3182 - 25 - LRB099 09942 RJF 30160 b
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL:................................. $60
Commercial driver instruction permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification................... $50
Commercial driver instruction permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction........................ $5
CDL duplicate or corrected license.................... $5
In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the
Secretary of State is empowered to pro-rate the $24 fee for the
commercial driver's license proportionate to the expiration
date of the applicant's Illinois driver's license.
The fee for any duplicate license or permit shall be waived
for any person who presents the Secretary of State's office
with a police report showing that his license or permit was

HB3182 - 26 - LRB099 09942 RJF 30160 b
stolen.
The fee for any duplicate license or permit shall be waived
for any person age 60 or older whose driver's license or permit
has been lost or stolen.
No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder
of an instruction permit for the same classification or type of
license who becomes eligible for such license.
(b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked under
Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205, 7-303, or 7-702 of the Family Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
Suspension under Section 3-707..................... $100
Summary suspension under Section 11-501.1...........$250
Suspension under Section 11-501.9...................$250
Summary revocation under Section 11-501.1............$500
Other suspension......................................$70
Revocation...........................................$500
However, any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked for a
second or subsequent time for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012

HB3182 - 27 - LRB099 09942 RJF 30160 b
and each suspension or revocation was for a violation of
Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
provision of a local ordinance or a similar out-of-state
offense or Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall pay, in addition to any other fees
required by this Code, a reinstatement fee as follows:
Summary suspension under Section 11-501.1............$500
Suspension under Section 11-501.9...................$500
Summary revocation under Section 11-501.1............$500
Revocation...........................................$500
(c) All fees collected under the provisions of this Chapter
6 shall be paid into the Road Fund in the State Treasury except
as follows:
1. The following amounts shall be paid into the Driver
Education Fund:
(A) $16 of the $20 fee for an original driver's
instruction permit;
(B) $5 of the $30 fee for an original driver's
license;
(C) $5 of the $30 fee for a 4 year renewal driver's
license;
(D) $4 of the $8 fee for a restricted driving
permit; and
(E) $4 of the $8 fee for a monitoring device
driving permit.
2. $30 of the $250 fee for reinstatement of a license

HB3182 - 28 - LRB099 09942 RJF 30160 b
summarily suspended under Section 11-501.1 or suspended
under Section 11-501.9 shall be deposited into the Drunk
and Drugged Driving Prevention Fund. However, for a person
whose license or privilege to operate a motor vehicle in
this State has been suspended or revoked for a second or
subsequent time for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012, $190 of
the $500 fee for reinstatement of a license summarily
suspended under Section 11-501.1 or suspended under
Section 11-501.9, and $190 of the $500 fee for
reinstatement of a revoked license shall be deposited into
the Drunk and Drugged Driving Prevention Fund. $190 of the
$500 fee for reinstatement of a license summarily revoked
pursuant to Section 11-501.1 shall be deposited into the
Drunk and Drugged Driving Prevention Fund.
3. $6 of such original or renewal fee for a commercial
driver's license and $6 of the commercial driver
instruction permit fee when such permit is issued to any
person holding a valid Illinois driver's license, shall be
paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund.
4. $30 of the $70 fee for reinstatement of a license
suspended under the Family Financial Responsibility Law
shall be paid into the Family Responsibility Fund.
5. The $5 fee for each original or renewal M or L
endorsement shall be deposited into the Cycle Rider Safety

HB3182 - 29 - LRB099 09942 RJF 30160 b
Training Fund.
6. $20 of any original or renewal fee for a commercial
driver's license or commercial driver instruction permit
shall be paid into the Motor Carrier Safety Inspection
Fund.
7. The following amounts shall be paid into the General
Revenue Fund:
(A) $190 of the $250 reinstatement fee for a
summary suspension under Section 11-501.1 or a
suspension under Section 11-501.9;
(B) $40 of the $70 reinstatement fee for any other
suspension provided in subsection (b) of this Section;
and
(C) $440 of the $500 reinstatement fee for a first
offense revocation and $310 of the $500 reinstatement
fee for a second or subsequent revocation.
(d) All of the proceeds of the additional fees imposed by
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law.
(f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed
Services or Reserve Forces of the United States or a member of
the Illinois National Guard who is called to active duty

HB3182 - 30 - LRB099 09942 RJF 30160 b
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
98-177, eff. 1-1-14; 98-756, eff. 7-16-14.)
(Text of Section after amendment by P.A. 98-176)
Sec. 6-118. Fees.
(a) The fee for licenses and permits under this Article is
as follows:
Original driver's license.............................$30
Original or renewal driver's license
issued to 18, 19 and 20 year olds.................. 5
All driver's licenses for persons
age 69 through age 80.............................. 5
All driver's licenses for persons
age 81 through age 86.............................. 2
All driver's licenses for persons
age 87 or older.....................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older)..................................30
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously
held an Illinois instruction permit or

HB3182 - 31 - LRB099 09942 RJF 30160 b
driver's license.................................. 20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal.................. 5
Any instruction permit issued to a person
age 69 and older................................... 5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois....................................... 10
Restricted driving permit.............................. 8
Monitoring device driving permit...................... 8
Duplicate or corrected driver's license
or permit.......................................... 5
Duplicate or corrected restricted
driving permit..................................... 5
Duplicate or corrected monitoring
device driving permit.................................. 5
Duplicate driver's license or permit issued to
an active-duty member of the
United States Armed Forces,
the member's spouse, or
the dependent children living

HB3182 - 32 - LRB099 09942 RJF 30160 b
with the member................................... 0
Original or renewal M or L endorsement................. 5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle
Title Information Service Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:............................. $60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL:................................. $60
Commercial learner's permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier

HB3182 - 33 - LRB099 09942 RJF 30160 b
Safety Inspection Fund; and
$24 for the CDL classification................... $50
Commercial learner's permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction........................ $5
CDL duplicate or corrected license.................... $5
In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the
Secretary of State is empowered to pro-rate the $24 fee for the
commercial driver's license proportionate to the expiration
date of the applicant's Illinois driver's license.
The fee for any duplicate license or permit shall be waived
for any person who presents the Secretary of State's office
with a police report showing that his license or permit was
stolen.
The fee for any duplicate license or permit shall be waived
for any person age 60 or older whose driver's license or permit
has been lost or stolen.
No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder
of an instruction permit for the same classification or type of
license who becomes eligible for such license.
(b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked under

HB3182 - 34 - LRB099 09942 RJF 30160 b
Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205, or Section 7-303, or 7-702 of the Family
Financial Responsibility Law of this Code, shall in addition to
any other fees required by this Code, pay a reinstatement fee
as follows:
Suspension under Section 3-707..................... $100
Summary suspension under Section 11-501.1...........$250
Suspension under Section 11-501.9...................$250
Summary revocation under Section 11-501.1............$500
Other suspension......................................$70
Revocation...........................................$500
However, any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked for a
second or subsequent time for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
and each suspension or revocation was for a violation of
Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
provision of a local ordinance or a similar out-of-state
offense or Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall pay, in addition to any other fees
required by this Code, a reinstatement fee as follows:
Summary suspension under Section 11-501.1............$500
Suspension under Section 11-501.9...................$500
Summary revocation under Section 11-501.1............$500

HB3182 - 35 - LRB099 09942 RJF 30160 b
Revocation...........................................$500
(c) All fees collected under the provisions of this Chapter
6 shall be paid into the Road Fund in the State Treasury except
as follows:
1. The following amounts shall be paid into the Driver
Education Fund:
(A) $16 of the $20 fee for an original driver's
instruction permit;
(B) $5 of the $30 fee for an original driver's
license;
(C) $5 of the $30 fee for a 4 year renewal driver's
license;
(D) $4 of the $8 fee for a restricted driving
permit; and
(E) $4 of the $8 fee for a monitoring device
driving permit.
2. $30 of the $250 fee for reinstatement of a license
summarily suspended under Section 11-501.1 or suspended
under Section 11-501.9 shall be deposited into the Drunk
and Drugged Driving Prevention Fund. However, for a person
whose license or privilege to operate a motor vehicle in
this State has been suspended or revoked for a second or
subsequent time for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012, $190 of
the $500 fee for reinstatement of a license summarily

HB3182 - 36 - LRB099 09942 RJF 30160 b
suspended under Section 11-501.1 or suspended under
Section 11-501.9, and $190 of the $500 fee for
reinstatement of a revoked license shall be deposited into
the Drunk and Drugged Driving Prevention Fund. $190 of the
$500 fee for reinstatement of a license summarily revoked
pursuant to Section 11-501.1 shall be deposited into the
Drunk and Drugged Driving Prevention Fund.
3. $6 of the original or renewal fee for a commercial
driver's license and $6 of the commercial learner's permit
fee when the permit is issued to any person holding a valid
Illinois driver's license, shall be paid into the
CDLIS/AAMVAnet/NMVTIS Trust Fund.
4. (Blank). $30 of the $70 fee for reinstatement of a
license suspended under the Family Financial
Responsibility Law shall be paid into the Family
Responsibility Fund.
5. The $5 fee for each original or renewal M or L
endorsement shall be deposited into the Cycle Rider Safety
Training Fund.
6. $20 of any original or renewal fee for a commercial
driver's license or commercial learner's permit shall be
paid into the Motor Carrier Safety Inspection Fund.
7. The following amounts shall be paid into the General
Revenue Fund:
(A) $190 of the $250 reinstatement fee for a
summary suspension under Section 11-501.1 or a

HB3182 - 37 - LRB099 09942 RJF 30160 b
suspension under Section 11-501.9;
(B) $40 of the $70 reinstatement fee for any other
suspension provided in subsection (b) of this Section;
and
(C) $440 of the $500 reinstatement fee for a first
offense revocation and $310 of the $500 reinstatement
fee for a second or subsequent revocation.
(d) All of the proceeds of the additional fees imposed by
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law.
(f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed
Services or Reserve Forces of the United States or a member of
the Illinois National Guard who is called to active duty
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
98-176, eff. 7-8-15 (see Section 10 of P.A. 98-722 for the
effective date of changes made by P.A. 98-176); 98-177, eff.
1-1-14; 98-756, eff. 7-16-14; 98-1172, eff. 1-12-15.)
(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)

HB3182 - 38 - LRB099 09942 RJF 30160 b
Sec. 6-303. Driving while driver's license, permit or
privilege to operate a motor vehicle is suspended or revoked.
(a) Except as otherwise provided in subsection (a-5), any
person who drives or is in actual physical control of a motor
vehicle on any highway of this State at a time when such
person's driver's license, permit or privilege to do so or the
privilege to obtain a driver's license or permit is revoked or
suspended as provided by this Code or the law of another state,
except as may be specifically allowed by a judicial driving
permit issued prior to January 1, 2009, monitoring device
driving permit, family financial responsibility driving
permit, probationary license to drive, or a restricted driving
permit issued pursuant to this Code or under the law of another
state, shall be guilty of a Class A misdemeanor.
(a-3) A second or subsequent violation of subsection (a) of
this Section is a Class 4 felony if committed by a person whose
driving or operation of a motor vehicle is the proximate cause
of a motor vehicle accident that causes personal injury or
death to another. For purposes of this subsection, a personal
injury includes any Type A injury as indicated on the traffic
accident report completed by a law enforcement officer that
requires immediate professional attention in either a doctor's
office or a medical facility. A Type A injury includes severe
bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.
(a-5) Any person who violates this Section as provided in

HB3182 - 39 - LRB099 09942 RJF 30160 b
subsection (a) while his or her driver's license, permit or
privilege is revoked because of a violation of Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide or a similar
provision of a law of another state, is guilty of a Class 4
felony. The person shall be required to undergo a professional
evaluation, as provided in Section 11-501 of this Code, to
determine if an alcohol, drug, or intoxicating compound problem
exists and the extent of the problem, and to undergo the
imposition of treatment as appropriate.
(a-10) A person's driver's license, permit, or privilege to
obtain a driver's license or permit may be subject to multiple
revocations, multiple suspensions, or any combination of both
simultaneously. No revocation or suspension shall serve to
negate, invalidate, cancel, postpone, or in any way lessen the
effect of any other revocation or suspension entered prior or
subsequent to any other revocation or suspension.
(b) (Blank).
(b-1) Upon receiving a report of the conviction of any
violation indicating a person was operating a motor vehicle
during the time when the person's driver's license, permit or
privilege was suspended by the Secretary of State or the
driver's licensing administrator of another state, except as
specifically allowed by a probationary license, judicial
driving permit, restricted driving permit or monitoring device
driving permit the Secretary shall extend the suspension for

HB3182 - 40 - LRB099 09942 RJF 30160 b
the same period of time as the originally imposed suspension
unless the suspension has already expired, in which case the
Secretary shall be authorized to suspend the person's driving
privileges for the same period of time as the originally
imposed suspension.
(b-2) Except as provided in subsection (b-6), upon
receiving a report of the conviction of any violation
indicating a person was operating a motor vehicle when the
person's driver's license, permit or privilege was revoked by
the Secretary of State or the driver's license administrator of
any other state, except as specifically allowed by a restricted
driving permit issued pursuant to this Code or the law of
another state, the Secretary shall not issue a driver's license
for an additional period of one year from the date of such
conviction indicating such person was operating a vehicle
during such period of revocation.
(b-3) (Blank).
(b-4) When the Secretary of State receives a report of a
conviction of any violation indicating a person was operating a
motor vehicle that was not equipped with an ignition interlock
device during a time when the person was prohibited from
operating a motor vehicle not equipped with such a device, the
Secretary shall not issue a driver's license to that person for
an additional period of one year from the date of the
conviction.
(b-5) Any person convicted of violating this Section shall

HB3182 - 41 - LRB099 09942 RJF 30160 b
serve a minimum term of imprisonment of 30 consecutive days or
300 hours of community service when the person's driving
privilege was revoked or suspended as a result of a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide, or
a similar provision of a law of another state.
(b-6) Upon receiving a report of a first conviction of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide or a similar out-of-state offense, the Secretary shall
not issue a driver's license for an additional period of three
years from the date of such conviction.
(c) Except as provided in subsections (c-3) and (c-4), any
person convicted of violating this Section shall serve a
minimum term of imprisonment of 10 consecutive days or 30 days
of community service when the person's driving privilege was
revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, any other
drug or any combination thereof; or
(2) a violation of paragraph (b) of Section 11-401 of
this Code or a similar provision of a local ordinance

HB3182 - 42 - LRB099 09942 RJF 30160 b
relating to the offense of leaving the scene of a motor
vehicle accident involving personal injury or death; or
(3) a statutory summary suspension or revocation under
Section 11-501.1 of this Code.
Such sentence of imprisonment or community service shall
not be subject to suspension in order to reduce such sentence.
(c-1) Except as provided in subsections (c-5) and (d), any
person convicted of a second violation of this Section shall be
ordered by the court to serve a minimum of 100 hours of
community service.
(c-2) In addition to other penalties imposed under this
Section, the court may impose on any person convicted a fourth
time of violating this Section any of the following:
(1) Seizure of the license plates of the person's
vehicle.
(2) Immobilization of the person's vehicle for a period
of time to be determined by the court.
(c-3) Any person convicted of a violation of this Section
during a period of summary suspension imposed pursuant to
Section 11-501.1 when the person was eligible for a MDDP shall
be guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days.
(c-4) Any person who has been issued a MDDP and who is
convicted of a violation of this Section as a result of
operating or being in actual physical control of a motor
vehicle not equipped with an ignition interlock device at the

HB3182 - 43 - LRB099 09942 RJF 30160 b
time of the offense shall be guilty of a Class 4 felony and
shall serve a minimum term of imprisonment of 30 days.
(c-5) Any person convicted of a second violation of this
Section is guilty of a Class 2 felony, is not eligible for
probation or conditional discharge, and shall serve a mandatory
term of imprisonment, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide,
or a similar out-of-state offense; and
(2) the prior conviction under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide, or a similar out-of-state
offense, or was suspended or revoked for a violation of
Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code.
(d) Any person convicted of a second violation of this
Section shall be guilty of a Class 4 felony and shall serve a
minimum term of imprisonment of 30 days or 300 hours of
community service, as determined by the court, if:
(1) the current violation occurred when the person's

HB3182 - 44 - LRB099 09942 RJF 30160 b
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior conviction under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar out-of-state offense.
(d-1) Except as provided in subsections (d-2), (d-2.5), and
(d-3), any person convicted of a third or subsequent violation
of this Section shall serve a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court.
(d-2) Any person convicted of a third violation of this
Section is guilty of a Class 4 felony and must serve a minimum
term of imprisonment of 30 days, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local

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ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar out-of-state offense.
(d-2.5) Any person convicted of a third violation of this
Section is guilty of a Class 1 felony, is not eligible for
probation or conditional discharge, and must serve a mandatory
term of imprisonment, if:
(1) the current violation occurred while the person's
driver's license was suspended or revoked for a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide,
or a similar out-of-state offense. The person's driving
privileges shall be revoked for the remainder of the
person's life; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012, relating to the

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offense of reckless homicide, or a similar out-of-state
offense, or was suspended or revoked for a violation of
Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code.
(d-3) Any person convicted of a fourth, fifth, sixth,
seventh, eighth, or ninth violation of this Section is guilty
of a Class 4 felony and must serve a minimum term of
imprisonment of 180 days, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar out-of-state offense.
(d-3.5) Any person convicted of a fourth or subsequent

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violation of this Section is guilty of a Class 1 felony, is not
eligible for probation or conditional discharge, and must serve
a mandatory term of imprisonment, and is eligible for an
extended term, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide,
or a similar out-of-state offense; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide, or a similar out-of-state
offense, or was suspended or revoked for a violation of
Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code.
(d-4) Any person convicted of a tenth, eleventh, twelfth,
thirteenth, or fourteenth violation of this Section is guilty
of a Class 3 felony, and is not eligible for probation or
conditional discharge, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, or a similar

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out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar out-of-state offense.
(d-5) Any person convicted of a fifteenth or subsequent
violation of this Section is guilty of a Class 2 felony, and is
not eligible for probation or conditional discharge, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or

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revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar out-of-state offense.
(e) Any person in violation of this Section who is also in
violation of Section 7-601 of this Code relating to mandatory
insurance requirements, in addition to other penalties imposed
under this Section, shall have his or her motor vehicle
immediately impounded by the arresting law enforcement
officer. The motor vehicle may be released to any licensed
driver upon a showing of proof of insurance for the vehicle
that was impounded and the notarized written consent for the
release by the vehicle owner.
(f) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
(g) The motor vehicle used in a violation of this Section
is subject to seizure and forfeiture as provided in Sections
36-1 and 36-2 of the Criminal Code of 2012 if the person's
driving privilege was revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code, a
similar provision of a local ordinance, or a similar
provision of a law of another state;
(2) a violation of paragraph (b) of Section 11-401 of
this Code, a similar provision of a local ordinance, or a
similar provision of a law of another state;

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(3) a statutory summary suspension or revocation under
Section 11-501.1 of this Code or a similar provision of a
law of another state; or
(4) a violation of Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 relating to the offense
of reckless homicide, or a similar provision of a law of
another state.
(Source: P.A. 97-984, eff. 1-1-13; 97-1150, eff. 1-25-13;
98-285, eff. 1-1-14; 98-418, eff. 8-16-13; 98-573, eff.
8-27-13; 98-756, eff. 7-16-14.)
(625 ILCS 5/7-100) (from Ch. 95 1/2, par. 7-100)
Sec. 7-100. Definition of words and phrases.
Notwithstanding the definitions set forth in Chapter 1, for the
purposes of this Chapter, the following words shall have the
following meanings ascribed to them:
Administrative order of support. An order for the support
of dependent children issued by an administrative body of this
or any other State.
Administrator. The Department of Transportation.
Arrearage. The total amount of unpaid support obligations.
Authenticated document. A document from a court which
contains a court stamp, showing it is filed with the court, or
notarized, or is certified by the custodian of the original.
Compliance with a court order of support. The support
obligor is no more than an amount equal to 90 days obligation

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in arrears in making payments in full for current support, or
in making periodic payments on a support arrearage as
determined by a court.
Court order of support. A judgment order for the support of
dependent children issued by a court of this State, including a
judgment of dissolution of marriage. With regard to a
certification by the Department of Healthcare and Family
Services under subsection (c) of Section 7-702, the term "court
order of support" shall include an order of support entered by
a court of this or any other State.
Driver's license. A license or permit to operate a motor
vehicle in the State, including the privilege of a person to
drive a motor vehicle whether or not the person holds a valid
license or permit.
Family financial responsibility driving permit. A permit
granting limited driving privileges for employment or medical
purposes following a suspension of driving privileges under the
Family Financial Responsibility Law. This permit is valid only
after the entry of a court order granting the permit and
issuance of the permit by the Secretary of State's Office. An
individual's driving privileges must be valid except for the
family financial responsibility suspension in order for this
permit to be issued. In order to be valid, the permit must be
in the immediate possession of the driver to whom it is issued.
Judgment. A final judgment of any court of competent
jurisdiction of any State, against a person as defendant for

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damages on account of bodily injury to or death of any person
or damages to property resulting from the operation of any
motor vehicle.
Obligor. The individual who owes a duty to make payments
under a court order of support.
Obligee. The individual or other legal entity to whom a
duty of support is owed through a court order of support or the
individual's legal representatives.
(Source: P.A. 95-685, eff. 10-23-07.)
(625 ILCS 5/Ch. 7 Art. VII rep.)
Section 20. The Illinois Vehicle Code is amended by
repealing Article VII of Chapter 7.
Section 25. The Clerks of Court 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:

HB3182 - 53 - LRB099 09942 RJF 30160 b
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following
exceptions, shall be a minimum of $40 and a maximum of
$160.
(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
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

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of 1984, $40.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her
claim for possession of the property 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 possession with a claim for rent or
damages or both exceeding $15,000, a minimum of $40 and a
maximum of $160.
(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.

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(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 a forcible entry and
detainer case seeks possession 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.
(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 forcible entry and detainer 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

HB3182 - 56 - LRB099 09942 RJF 30160 b
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
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 forcible entry and detainer
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

HB3182 - 57 - LRB099 09942 RJF 30160 b
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
$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.

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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,
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

HB3182 - 59 - LRB099 09942 RJF 30160 b
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 $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

HB3182 - 60 - LRB099 09942 RJF 30160 b
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.
(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.
(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:

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(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 $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

HB3182 - 62 - LRB099 09942 RJF 30160 b
(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
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),

HB3182 - 63 - LRB099 09942 RJF 30160 b
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
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

HB3182 - 64 - LRB099 09942 RJF 30160 b
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 $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.

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(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
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.

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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 $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.

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(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
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

HB3182 - 68 - LRB099 09942 RJF 30160 b
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 $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.

HB3182 - 69 - LRB099 09942 RJF 30160 b
(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.
(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. 95-172, eff. 8-14-07; 95-331, eff. 8-21-07.)
(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

HB3182 - 70 - LRB099 09942 RJF 30160 b
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
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.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following
exceptions, shall be a minimum of $150 and a maximum of
$190.
(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

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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
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) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her
claim for possession of the property 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 possession 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

HB3182 - 72 - LRB099 09942 RJF 30160 b
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 $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 a forcible entry and
detainer case seeks possession 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

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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 forcible entry and detainer 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 $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,

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except in small claims and forcible entry and detainer
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.
(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

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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
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

HB3182 - 76 - LRB099 09942 RJF 30160 b
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 $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

HB3182 - 77 - LRB099 09942 RJF 30160 b
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¢ 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

HB3182 - 78 - LRB099 09942 RJF 30160 b
expunge arrest records.
(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

HB3182 - 79 - LRB099 09942 RJF 30160 b
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.
(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

HB3182 - 80 - LRB099 09942 RJF 30160 b
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 $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

HB3182 - 81 - LRB099 09942 RJF 30160 b
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 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.

HB3182 - 82 - LRB099 09942 RJF 30160 b
(D) Petty offense complaints, a minimum of $50 and
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

HB3182 - 83 - LRB099 09942 RJF 30160 b
fees or costs allowed or imposed by law, the sum of a
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 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

HB3182 - 84 - LRB099 09942 RJF 30160 b
involved, a minimum of $150 and a maximum of $250.
(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, to be used by the clerk to maintain

HB3182 - 85 - LRB099 09942 RJF 30160 b
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,
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

HB3182 - 86 - LRB099 09942 RJF 30160 b
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

HB3182 - 87 - LRB099 09942 RJF 30160 b
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. 95-172, eff. 8-14-07.)
(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.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following
exceptions, shall be a minimum of $190 and a maximum of

HB3182 - 88 - LRB099 09942 RJF 30160 b
$240.
(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
petitioner in any order of protection including, but
not limited to, filing, modifying, withdrawing,

HB3182 - 89 - LRB099 09942 RJF 30160 b
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) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her
claim for possession of the property 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 possession 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
exceed $1500, a minimum of $60 and a maximum of $70. When

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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 a forcible entry and
detainer 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 forcible entry and detainer cases

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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 $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 forcible entry and detainer
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.
(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:

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(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
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

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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
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,

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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
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.

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(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.
(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

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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
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.

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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.
(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.

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(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
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

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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
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.

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(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
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

HB3182 - 105 - LRB099 09942 RJF 30160 b
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. 95-172, eff. 8-14-07.)
Section 30. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 505 and 607.1 as
follows:
(750 ILCS 5/505) (from Ch. 40, par. 505)
Sec. 505. Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, a
proceeding for child support following dissolution of the
marriage by a court that lacked personal jurisdiction over the
absent spouse, a proceeding for modification of a previous
order for child support under Section 510 of this Act, or any
proceeding authorized under Section 501 or 601 of this Act, the
court may order either or both parents owing a duty of support
to a child of the marriage to pay an amount reasonable and
necessary for the support of the child, without regard to
marital misconduct. The duty of support owed to a child
includes the obligation to provide for the reasonable and

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necessary educational, physical, mental and emotional health
needs of the child. For purposes of this Section, the term
"child" shall include any child under age 18 and any child
under age 19 who is still attending high school.
(1) The Court shall determine the minimum amount of
support by using the following guidelines:
Number of Children Percent of Supporting Party's
Net Income
1 20%
2 28%
3 32%
4 40%
5 45%
6 or more 50%
(2) The above guidelines shall be applied in each case
unless the court finds that a deviation from the guidelines
is appropriate after considering the best interest of the
child in light of the evidence, including, but not limited
to, one or more of the following relevant factors:
(a) the financial resources and needs of the child;
(b) the financial resources and needs of the
custodial parent;
(c) the standard of living the child would have
enjoyed had the marriage not been dissolved;
(d) the physical, mental, and emotional needs of
the child;

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(d-5) the educational needs of the child; and
(e) the financial resources and needs of the
non-custodial parent.
If the court deviates from the guidelines, the court's
finding shall state the amount of support that would have
been required under the guidelines, if determinable. The
court shall include the reason or reasons for the variance
from the guidelines.
(2.5) The court, in its discretion, in addition to
setting child support pursuant to the guidelines and
factors, may order either or both parents owing a duty of
support to a child of the marriage to contribute to the
following expenses, if determined by the court to be
reasonable:
(a) health needs not covered by insurance;
(b) child care;
(c) education; and
(d) extracurricular activities.
(3) "Net income" is defined as the total of all income
from all sources, minus the following deductions:
(a) Federal income tax (properly calculated
withholding or estimated payments);
(b) State income tax (properly calculated
withholding or estimated payments);
(c) Social Security (FICA payments);
(d) Mandatory retirement contributions required by

HB3182 - 108 - LRB099 09942 RJF 30160 b
law or as a condition of employment;
(e) Union dues;
(f) Dependent and individual
health/hospitalization insurance premiums and premiums
for life insurance ordered by the court to reasonably
secure payment of ordered child support;
(g) Prior obligations of support or maintenance
actually paid pursuant to a court order;
(g-5) Obligations pursuant to a court order for
maintenance in the pending proceeding actually paid or
payable under Section 504 to the same party to whom
child support is to be payable;
(h) Expenditures for repayment of debts that
represent reasonable and necessary expenses for the
production of income, medical expenditures necessary
to preserve life or health, reasonable expenditures
for the benefit of the child and the other parent,
exclusive of gifts. The court shall reduce net income
in determining the minimum amount of support to be
ordered only for the period that such payments are due
and shall enter an order containing provisions for its
self-executing modification upon termination of such
payment period;
(i) Foster care payments paid by the Department of
Children and Family Services for providing licensed
foster care to a foster child.

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(4) In cases where the court order provides for
health/hospitalization insurance coverage pursuant to
Section 505.2 of this Act, the premiums for that insurance,
or that portion of the premiums for which the supporting
party is responsible in the case of insurance provided
through an employer's health insurance plan where the
employer pays a portion of the premiums, shall be
subtracted from net income in determining the minimum
amount of support to be ordered.
(4.5) In a proceeding for child support following
dissolution of the marriage by a court that lacked personal
jurisdiction over the absent spouse, and in which the court
is requiring payment of support for the period before the
date an order for current support is entered, there is a
rebuttable presumption that the supporting party's net
income for the prior period was the same as his or her net
income at the time the order for current support is
entered.
(5) If the net income cannot be determined because of
default or any other reason, the court shall order support
in an amount considered reasonable in the particular case.
The final order in all cases shall state the support level
in dollar amounts. However, if the court finds that the
child support amount cannot be expressed exclusively as a
dollar amount because all or a portion of the payor's net
income is uncertain as to source, time of payment, or

HB3182 - 110 - LRB099 09942 RJF 30160 b
amount, the court may order a percentage amount of support
in addition to a specific dollar amount and enter such
other orders as may be necessary to determine and enforce,
on a timely basis, the applicable support ordered.
(6) If (i) the non-custodial parent was properly served
with a request for discovery of financial information
relating to the non-custodial parent's ability to provide
child support, (ii) the non-custodial parent failed to
comply with the request, despite having been ordered to do
so by the court, and (iii) the non-custodial parent is not
present at the hearing to determine support despite having
received proper notice, then any relevant financial
information concerning the non-custodial parent's ability
to provide child support that was obtained pursuant to
subpoena and proper notice shall be admitted into evidence
without the need to establish any further foundation for
its admission.
(a-5) In an action to enforce an order for support based on
the respondent's failure to make support payments as required
by the order, notice of proceedings to hold the respondent in
contempt for that failure may be served on the respondent by
personal service or by regular mail addressed to the
respondent's last known address. The respondent's last known
address may be determined from records of the clerk of the
court, from the Federal Case Registry of Child Support Orders,
or by any other reasonable means.

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(b) Failure of either parent to comply with an order to pay
support shall be punishable as in other cases of contempt. In
addition to other penalties provided by law the Court may,
after finding the parent guilty of contempt, order that the
parent be:
(1) placed on probation with such conditions of
probation as the Court deems advisable;
(2) sentenced to periodic imprisonment for a period not
to exceed 6 months; provided, however, that the Court may
permit the parent to be released for periods of time during
the day or night to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
The Court may further order any part or all of the earnings
of a parent during a sentence of periodic imprisonment paid to
the Clerk of the Circuit Court or to the parent having custody
or to the guardian having custody of the children of the
sentenced parent for the support of said children until further
order of the Court.
If a parent who is found guilty of contempt for failure to
comply with an order to pay support is a person who conducts a
business or who is self-employed, the court in addition to
other penalties provided by law may order that the parent do
one or more of the following: (i) provide to the court monthly
financial statements showing income and expenses from the

HB3182 - 112 - LRB099 09942 RJF 30160 b
business or the self-employment; (ii) seek employment and
report periodically to the court with a diary, listing, or
other memorandum of his or her employment search efforts; or
(iii) report to the Department of Employment Security for job
search services to find employment that will be subject to
withholding for child support.
If there is a unity of interest and ownership sufficient to
render no financial separation between a non-custodial parent
and another person or persons or business entity, the court may
pierce the ownership veil of the person, persons, or business
entity to discover assets of the non-custodial parent held in
the name of that person, those persons, or that business
entity. The following circumstances are sufficient to
authorize a court to order discovery of the assets of a person,
persons, or business entity and to compel the application of
any discovered assets toward payment on the judgment for
support:
(1) the non-custodial parent and the person, persons,
or business entity maintain records together.
(2) the non-custodial parent and the person, persons,
or business entity fail to maintain an arm's length
relationship between themselves with regard to any assets.
(3) the non-custodial parent transfers assets to the
person, persons, or business entity with the intent to
perpetrate a fraud on the custodial parent.
With respect to assets which are real property, no order

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entered under this paragraph shall affect the rights of bona
fide purchasers, mortgagees, judgment creditors, or other lien
holders who acquire their interests in the property prior to
the time a notice of lis pendens pursuant to the Code of Civil
Procedure or a copy of the order is placed of record in the
office of the recorder of deeds for the county in which the
real property is located.
The court may also order in cases where the parent is 90
days or more delinquent in payment of support or has been
adjudicated in arrears in an amount equal to 90 days obligation
or more, that the parent's Illinois driving privileges be
suspended until the court determines that the parent is in
compliance with the order of support. The court may also order
that the parent be issued a family financial responsibility
driving permit that would allow limited driving privileges for
employment and medical purposes in accordance with Section
7-702.1 of the Illinois Vehicle Code. The clerk of the circuit
court shall certify the order suspending the driving privileges
of the parent or granting the issuance of a family financial
responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary. Upon receipt of the
authenticated documents, the Secretary of State shall suspend
the parent's driving privileges until further order of the
court and shall, if ordered by the court, subject to the
provisions of Section 7-702.1 of the Illinois Vehicle Code,
issue a family financial responsibility driving permit to the

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parent.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 15 of the Non-Support
Punishment Act may be prosecuted under that Act, and a person
convicted under that Act may be sentenced in accordance with
that Act. The sentence may include but need not be limited to a
requirement that the person perform community service under
Section 50 of that Act or participate in a work alternative
program under Section 50 of that Act. A person may not be
required to participate in a work alternative program under
Section 50 of that Act if the person is currently participating
in a work program pursuant to Section 505.1 of this Act.
A support obligation, or any portion of a support
obligation, which becomes due and remains unpaid as of the end
of each month, excluding the child support that was due for
that month to the extent that it was not paid in that month,
shall accrue simple interest as set forth in Section 12-109 of
the Code of Civil Procedure. An order for support entered or
modified on or after January 1, 2006 shall contain a statement
that a support obligation required under the order, or any
portion of a support obligation required under the order, that
becomes due and remains unpaid as of the end of each month,
excluding the child support that was due for that month to the
extent that it was not paid in that month, shall accrue simple
interest as set forth in Section 12-109 of the Code of Civil

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Procedure. Failure to include the statement in the order for
support does not affect the validity of the order or the
accrual of interest as provided in this Section.
(c) A one-time charge of 20% is imposable upon the amount
of past-due child support owed on July 1, 1988 which has
accrued under a support order entered by the court. The charge
shall be imposed in accordance with the provisions of Section
10-21 of the Illinois Public Aid Code and shall be enforced by
the court upon petition.
(d) Any new or existing support order entered by the court
under this Section shall be deemed to be a series of judgments
against the person obligated to pay support thereunder, each
such judgment to be in the amount of each payment or
installment of support and each such judgment to be deemed
entered as of the date the corresponding payment or installment
becomes due under the terms of the support order. Each such
judgment shall have the full force, effect and attributes of
any other judgment of this State, including the ability to be
enforced. Notwithstanding any other State or local law to the
contrary, a lien arises by operation of law against the real
and personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial parent.
(e) When child support is to be paid through the clerk of
the court in a county of 1,000,000 inhabitants or less, the
order shall direct the obligor to pay to the clerk, in addition
to the child support payments, all fees imposed by the county

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board under paragraph (3) of subsection (u) of Section 27.1 of
the Clerks of Courts Act. Unless paid in cash or pursuant to an
order for withholding, the payment of the fee shall be by a
separate instrument from the support payment and shall be made
to the order of the Clerk.
(f) All orders for support, when entered or modified, shall
include a provision requiring the obligor to notify the court
and, in cases in which a party is receiving child and spouse
services under Article X of the Illinois Public Aid Code, the
Department of Healthcare and Family Services, within 7 days,
(i) of the name and address of any new employer of the obligor,
(ii) whether the obligor has access to health insurance
coverage through the employer or other group coverage and, if
so, the policy name and number and the names of persons covered
under the policy, and (iii) of any new residential or mailing
address or telephone number of the non-custodial parent. In any
subsequent action to enforce a support order, upon a sufficient
showing that a diligent effort has been made to ascertain the
location of the non-custodial parent, service of process or
provision of notice necessary in the case may be made at the
last known address of the non-custodial parent in any manner
expressly provided by the Code of Civil Procedure or this Act,
which service shall be sufficient for purposes of due process.
(g) An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered by

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the order will attain the age of 18. However, if the child will
not graduate from high school until after attaining the age of
18, then the termination date shall be no earlier than the
earlier of the date on which the child's high school graduation
will occur or the date on which the child will attain the age
of 19. The order for support shall state that the termination
date does not apply to any arrearage that may remain unpaid on
that date. Nothing in this subsection shall be construed to
prevent the court from modifying the order or terminating the
order in the event the child is otherwise emancipated.
(g-5) If there is an unpaid arrearage or delinquency (as
those terms are defined in the Income Withholding for Support
Act) equal to at least one month's support obligation on the
termination date stated in the order for support or, if there
is no termination date stated in the order, on the date the
child attains the age of majority or is otherwise emancipated,
the periodic amount required to be paid for current support of
that child immediately prior to that date shall automatically
continue to be an obligation, not as current support but as
periodic payment toward satisfaction of the unpaid arrearage or
delinquency. That periodic payment shall be in addition to any
periodic payment previously required for satisfaction of the
arrearage or delinquency. The total periodic amount to be paid
toward satisfaction of the arrearage or delinquency may be
enforced and collected by any method provided by law for
enforcement and collection of child support, including but not

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limited to income withholding under the Income Withholding for
Support Act. Each order for support entered or modified on or
after the effective date of this amendatory Act of the 93rd
General Assembly must contain a statement notifying the parties
of the requirements of this subsection. Failure to include the
statement in the order for support does not affect the validity
of the order or the operation of the provisions of this
subsection with regard to the order. This subsection shall not
be construed to prevent or affect the establishment or
modification of an order for support of a minor child or the
establishment or modification of an order for support of a
non-minor child or educational expenses under Section 513 of
this Act.
(h) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and to
the clerk of court within 10 days each time the obligor obtains
new employment, and each time the obligor's employment is
terminated for any reason. The report shall be in writing and
shall, in the case of new employment, include the name and
address of the new employer. Failure to report new employment
or the termination of current employment, if coupled with
nonpayment of support for a period in excess of 60 days, is
indirect criminal contempt. For any obligor arrested for
failure to report new employment bond shall be set in the
amount of the child support that should have been paid during
the period of unreported employment. An order entered under

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this Section shall also include a provision requiring the
obligor and obligee parents to advise each other of a change in
residence within 5 days of the change except when the court
finds that the physical, mental, or emotional health of a party
or that of a child, or both, would be seriously endangered by
disclosure of the party's address.
(i) The court does not lose the powers of contempt,
driver's license suspension, or other child support
enforcement mechanisms, including, but not limited to,
criminal prosecution as set forth in this Act, upon the
emancipation of the minor child or children.
(Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12;
97-813, eff. 7-13-12; 97-878, eff. 8-2-12; 97-941, eff. 1-1-13;
97-1029, eff. 1-1-13; 98-463, eff. 8-16-13; 98-961, eff.
1-1-15.)
(750 ILCS 5/607.1) (from Ch. 40, par. 607.1)
Sec. 607.1. Enforcement of visitation orders; visitation
abuse.
(a) The circuit court shall provide an expedited procedure
for enforcement of court ordered visitation in cases of
visitation abuse. Visitation abuse occurs when a party has
willfully and without justification: (1) denied another party
visitation as set forth by the court; or (2) exercised his or
her visitation rights in a manner that is harmful to the child
or child's custodian.

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(b) An Action may be commenced by filing a petition setting
forth: (i) the petitioner's name, residence address or mailing
address, and telephone number; (ii) respondent's name and place
of residence, place of employment, or mailing address; (iii)
the nature of the visitation abuse, giving dates and other
relevant information; (iv) that a reasonable attempt was made
to resolve the dispute; and (v) the relief sought.
Notice of the filing of the petitions shall be given as
provided in Section 511.
(c) After hearing all of the evidence, the court may order
one or more of the following:
(1) Modification of the visitation order to
specifically outline periods of visitation or restrict
visitation as provided by law.
(2) Supervised visitation with a third party or public
agency.
(3) Make up visitation of the same time period, such as
weekend for weekend, holiday for holiday.
(4) Counseling or mediation, except in cases where
there is evidence of domestic violence, as defined in
Section 1 of the Domestic Violence Shelters Act, occurring
between the parties.
(5) Other appropriate relief deemed equitable.
(c-1) When the court issues an order holding a party in
contempt for violation of a visitation order and finds that the
party engaged in visitation abuse, the court may order one or

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more of the following:
(1) (Blank). Suspension of a party's Illinois driving
privileges pursuant to Section 7-703 of the Illinois
Vehicle Code until the court determines that the party is
in compliance with the visitation order. The court may also
order that a party be issued a family financial
responsibility driving permit that would allow limited
driving privileges for employment, for medical purposes,
and to transport a child to or from scheduled visitation in
order to comply with a visitation order in accordance with
subsection (a-1) of Section 7-702.1 of the Illinois Vehicle
Code.
(2) Placement of a party on probation with such
conditions of probation as the court deems advisable.
(3) Sentencing of a party to periodic imprisonment for
a period not to exceed 6 months; provided, that the court
may permit the party to be released for periods of time
during the day or night to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
(4) Find that a party in engaging in visitation abuse
is guilty of a petty offense and should be fined an amount
of no more than $500 for each finding of visitation abuse.
(d) Nothing contained in this Section shall be construed to
limit the court's contempt power, except as provided in

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subsection (g) of this Section.
(e) When the court issues an order holding a party in
contempt of court for violation of a visitation order, the
clerk shall transmit a copy of the contempt order to the
sheriff of the county. The sheriff shall furnish a copy of each
contempt order to the Department of State Police on a daily
basis in the form and manner required by the Department. The
Department shall maintain a complete record and index of the
contempt orders and make this data available to all local law
enforcement agencies.
(f) Attorney fees and costs shall be assessed against a
party if the court finds that the enforcement action is
vexatious and constitutes harassment.
(g) A person convicted of unlawful visitation or parenting
time interference under Section 10-5.5 of the Criminal Code of
1961 or the Criminal Code of 2012 shall not be subject to the
provisions of this Section and the court may not enter a
contempt order for visitation abuse against any person for the
same conduct for which the person was convicted of unlawful
visitation interference or subject that person to the sanctions
provided for in this Section.
(Source: P.A. 96-333, eff. 8-11-09; 96-675, eff. 8-25-09;
97-1047, eff. 8-21-12; 97-1150, eff. 1-25-13.)
Section 35. The Non-Support Punishment Act is amended by
changing Section 50 as follows:

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(750 ILCS 16/50)
Sec. 50. Community service; work alternative program.
(a) In addition to any other penalties imposed against an
offender under this Act, the court may order the offender to
perform community service for not less than 30 and not more
than 120 hours per month, if community service is available in
the jurisdiction and is funded and approved by the county board
of the county where the offense was committed. In addition,
whenever any person is placed on supervision for committing an
offense under this Act, the supervision shall be conditioned on
the performance of the community service.
(b) In addition to any other penalties imposed against an
offender under this Act, the court may sentence the offender to
service in a work alternative program administered by the
sheriff. The conditions of the program are that the offender
obtain or retain employment and participate in a work
alternative program administered by the sheriff during
non-working hours. A person may not be required to participate
in a work alternative program under this subsection if the
person is currently participating in a work program pursuant to
another provision of this Act, Section 10-11.1 of the Illinois
Public Aid Code, Section 505.1 of the Illinois Marriage and
Dissolution of Marriage Act, or Section 15.1 of the Illinois
Parentage Act of 1984.
(c) (Blank). In addition to any other penalties imposed

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against an offender under this Act, the court may order, in
cases where the offender has been in violation of this Act for
90 days or more, that the offender's Illinois driving
privileges be suspended until the court determines that the
offender is in compliance with this Act.
The court may determine that the offender is in compliance
with this Act if the offender has agreed (i) to pay all
required amounts of support and maintenance as determined by
the court or (ii) to the garnishment of his or her income for
the purpose of paying those amounts.
The court may also order that the offender be issued a
family financial responsibility driving permit that would
allow limited driving privileges for employment and medical
purposes in accordance with Section 7-702.1 of the Illinois
Vehicle Code. The clerk of the circuit court shall certify the
order suspending the driving privileges of the offender or
granting the issuance of a family financial responsibility
driving permit to the Secretary of State on forms prescribed by
the Secretary. Upon receipt of the authenticated documents, the
Secretary of State shall suspend the offender's driving
privileges until further order of the court and shall, if
ordered by the court, subject to the provisions of Section
7-702.1 of the Illinois Vehicle Code, issue a family financial
responsibility driving permit to the offender.
(d) If the court determines that the offender has been in
violation of this Act for more than 60 days, the court may

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determine whether the offender has applied for or been issued a
professional license by the Department of Professional
Regulation or another licensing agency. If the court determines
that the offender has applied for or been issued such a
license, the court may certify to the Department of
Professional Regulation or other licensing agency that the
offender has been in violation of this Act for more than 60
days so that the Department or other agency may take
appropriate steps with respect to the license or application as
provided in Section 10-65 of the Illinois Administrative
Procedure Act and Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois. The court may take the actions required under this
subsection in addition to imposing any other penalty authorized
under this Act.
(Source: P.A. 91-613, eff. 10-1-99; 92-651, eff. 7-11-02.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
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INDEX
Statutes amended in order of appearance