Bill Text: IL SB0544 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the Juvenile Court Act of 1987. Makes a technical change in a Section concerning instituting proceedings in the case of addicted minors.

Spectrum: Bipartisan Bill

Status: (Passed) 2018-08-20 - Public Act . . . . . . . . . 100-0994 [SB0544 Detail]

Download: Illinois-2017-SB0544-Chaptered.html

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Public Act 100-0994
SB0544 Enrolled LRB100 04857 SLF 14867 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. If and only if House Bill 4594 of the 100th
General Assembly becomes law, then "AN ACT concerning fees,
fines, and assessments" (House Bill 4594 of the 100th General
Assembly) is amended by changing Section 1-5 as follows:
(H.B. 4594, 100th G.A., Sec. 1-5)
Sec. 1-5. Definitions. In this Act:
"Assessment" means any costs imposed on a defendant under
schedules 1 through 13 of this Act.
"Business offense" means a petty offense for which the fine
is in excess of $1,000.
"Case" means all charges and counts filed against a single
defendant which are being prosecuted as a single proceeding
before the court.
"Count" means each separate offense charged in the same
indictment, information, or complaint when the indictment,
information, or complaint alleges the commission of more than
one offense.
"Conservation offense" means any violation of the
following Acts, Codes, or ordinances, except any offense
punishable upon conviction by imprisonment in the

penitentiary:
(1) Fish and Aquatic Life Code;
(2) Wildlife Code;
(3) Boat Registration and Safety Act;
(4) Park District Code;
(5) Chicago Park District Act;
(6) State Parks Act;
(7) State Forest Act;
(8) Forest Fire Protection District Act;
(9) Snowmobile Registration and Safety Act;
(10) Endangered Species Protection Act;
(11) Forest Products Transportation Act;
(12) Timber Buyers Licensing Act;
(13) Downstate Forest Preserve District Act;
(14) Exotic Weed Act;
(15) Ginseng Harvesting Act;
(16) Cave Protection Act;
(17) ordinances adopted under the Counties Code for the
acquisition of property for parks or recreational areas;
(18) Recreational Trails of Illinois Act;
(19) Herptiles-Herps Act; or
(20) any rule, regulation, proclamation, or ordinance
adopted under any Code or Act named in paragraphs (1)
through (19) of this definition.
"Conviction" means a judgment of conviction or sentence
entered upon a plea of guilty or upon a verdict or finding of

guilty of an offense, rendered by a legally constituted jury or
by a court of competent jurisdiction authorized to try the case
without a jury.
"Drug offense" means any violation of the Cannabis Control
Act, the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or any
similar local ordinance which involves the possession or
delivery of a drug.
"Drug-related emergency response" means the act of
collecting evidence from or securing a site where controlled
substances were manufactured, or where by-products from the
manufacture of controlled substances are present, and cleaning
up the site, whether these actions are performed by public
entities or private contractors paid by public entities.
"Electronic citation" means the process of transmitting
traffic, misdemeanor, municipal ordinance, conservation, or
other citations and law enforcement data via electronic means
to a circuit court clerk.
"Emergency response" means any incident requiring a
response by a police officer, an ambulance, a firefighter
carried on the rolls of a regularly constituted fire department
or fire protection district, a firefighter of a volunteer fire
department, or a member of a recognized not-for-profit rescue
or emergency medical service provider. "Emergency response"
does not include a drug-related emergency response.
"Felony offense" means an offense for which a sentence to a

term of imprisonment in a penitentiary for one year or more is
provided.
"Fine" means a pecuniary punishment for a conviction as
ordered by a court of law.
"Highest classified offense" means the offense in the case
which carries the most severe potential disposition under
Article 4.5 of the Unified Code of Corrections.
"Major traffic offense" means a traffic offense under the
Illinois Vehicle Code or a similar provision of a local
ordinance other than a petty offense or business offense.
"Minor traffic offense" means a petty offense or business
offense under the Illinois Vehicle Code or a similar provision
of a local ordinance.
"Misdemeanor offense" means any offense for which a
sentence to a term of imprisonment in other than a penitentiary
for less than one year may be imposed.
"Offense" means a violation of any local ordinance or penal
statute of this State.
"Petty offense" means any offense for which a sentence of
imprisonment is not an authorized disposition.
"Service provider costs" means costs incurred as a result
of services provided by an entity including, but not limited
to, traffic safety programs, laboratories, ambulance
companies, and fire departments. "Service provider costs"
includes conditional amounts under this Act that are
reimbursements for services provided.

"Street value" means the amount determined by the court on
the basis of testimony of law enforcement personnel and the
defendant as to the amount of drug or materials seized and any
testimony as may be required by the court as to the current
street value of the cannabis, controlled substance,
methamphetamine or salt of an optical isomer of
methamphetamine, or methamphetamine manufacturing materials
seized.
"Supervision" means a disposition of conditional and
revocable release without probationary supervision, but under
the conditions and reporting requirements as are imposed by the
court, at the successful conclusion of which disposition the
defendant is discharged and a judgment dismissing the charges
is entered.
(Source: H.B. 4594, 100th G.A., Sec. 1-5.)
Section 10. If and only if the provisions of House Bill
4594 of the 100th General Assembly that are changed by this
amendatory Act of the 100th General Assembly becomes law, then
the Clerks of Courts Act is amended by changing Section 27.1b
as follows:
(705 ILCS 105/27.1b)
Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
other provision of law, all fees charged by the clerks of the
circuit court for the services described in this Section shall

be established, collected, and disbursed in accordance with
this Section. Except as otherwise specified in this Section,
all All fees under this Section shall be paid in advance and
disbursed by each clerk on a monthly basis. In a county with a
population of over 3,000,000, units of local government and
school districts shall not be required to pay fees under this
Section in advance and the clerk shall instead send an itemized
bill to the unit of local government or school district, within
30 days of the fee being incurred, and the unit of local
government or school district shall be allowed at least 30 days
from the date of the itemized bill to pay; these payments shall
be disbursed by each clerk on a monthly basis. Unless otherwise
specified in this Section, the amount of a fee shall be
determined by ordinance or resolution of the county board and
remitted to the county treasurer to be used for purposes
related to the operation of the court system in the county. In
a county with population of over 3,000,000, any amount retained
by the clerk of the circuit court or remitted to the county
treasurer shall be subject to appropriation by the county
board.
(a) Civil cases. The fee for filing a complaint, petition,
or other pleading initiating a civil action shall be as set
forth in the applicable schedule under this subsection in
accordance with case categories established by the Supreme
Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $366 in a

county with a population of 3,000,000 or more and $316 in
any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $190 through
December 31, 2021 and $184 on and after January 1, 2022.
The fees collected under this schedule shall be disbursed
as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and $45 in any other county
determined by the clerk with the approval of the
Supreme Court, to be used for court automation, court
document storage, and administrative purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $290 in a county

with a population of 3,000,000 or more and in an amount
not to exceed $250 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(2) SCHEDULE 2: not to exceed a total of $357 in a
county with a population of 3,000,000 or more and $266 in
any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $190 through
December 31, 2021 and $184 on and after January 1, 2022.
The fees collected under this schedule shall be disbursed
as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and $45 in any other county
determined by the clerk with the approval of the
Supreme Court, to be used for court automation, court
document storage, and administrative purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory

Arbitration Fund;
(ii) $2 into the Access to Justice Fund: and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $281 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $200 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(3) SCHEDULE 3: not to exceed a total of $265 in a
county with a population of 3,000,000 or more and $89 in
any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $190 through
December 31, 2021 and $184 on and after January 1, 2022.
The fees collected under this schedule shall be disbursed
as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and $22 in any other county
determined by the clerk with the approval of the
Supreme Court, to be used for court automation, court
document storage, and administrative purposes.
(B) The clerk shall remit $11 to the State

Treasurer. The State Treasurer shall deposit the
appropriate amounts in accordance with the clerk's
instructions, as follows:
(i) $2 into the Access to Justice Fund; and
(ii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $199 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $56 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(4) SCHEDULE 4: $0.
(b) Appearance. The fee for filing an appearance in a civil
action, including a cannabis civil law action under the
Cannabis Control Act, shall be as set forth in the applicable
schedule under this subsection in accordance with case
categories established by the Supreme Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $230 in a
county with a population of 3,000,000 or more and $191 in
any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $75. The fees
collected under this schedule shall be disbursed as
follows:

(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and $45 in any other county
determined by the clerk with the approval of the
Supreme Court, to be used for court automation, court
document storage, and administrative purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $159 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $125 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(2) SCHEDULE 2: not to exceed a total of $130 in a
county with a population of 3,000,000 or more and $109 in

any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $75. The fees
collected under this schedule shall be disbursed as
follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and $10 in any other county
determined by the clerk with the approval of the
Supreme Court, to be used for court automation, court
document storage, and administrative purposes.
(B) The clerk shall remit $9 to the State
Treasurer, which the State Treasurer shall deposit
into the Supreme Court Special Purpose Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $71 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $90 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(3) SCHEDULE 3: $0.
(b-5) Kane County and Will County. In Kane County and Will
County civil cases, there is an additional fee of up to $30 as
set by the county board under Section 5-1101.3 of the Counties
Code to be paid by each party at the time of filing the first

pleading, paper, or other appearance; provided that no
additional fee shall be required if more than one party is
represented in a single pleading, paper, or other appearance.
Distribution of fees collected under this subsection (b-5)
shall be as provided in Section 5-1101.3 of the Counties Code.
(c) Counterclaim or third party complaint. When any
defendant files a counterclaim or third party complaint, as
part of the defendant's answer or otherwise, the defendant
shall pay a filing fee for each counterclaim or third party
complaint in an amount equal to the filing fee the defendant
would have had to pay had the defendant brought a separate
action for the relief sought in the counterclaim or third party
complaint, less the amount of the appearance fee, if any, that
the defendant has already paid in the action in which the
counterclaim or third party complaint is filed.
(d) Alias summons. The clerk shall collect a fee not to
exceed $6 in a county with a population of 3,000,000 or more
and $5 in any other county for each alias summons or citation
issued by the clerk, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $5 for each alias
summons or citation issued by the clerk.
(e) Jury services. The clerk shall collect, in addition to
other fees allowed by law, a sum not to exceed $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 action or proceeding shall be tried by the
court without a jury.
(f) Change of venue. In connection with a change of venue:
(1) The clerk of the jurisdiction from which the case
is transferred may charge a fee, not to exceed $40, for the
preparation and certification of the record; and
(2) The clerk of the jurisdiction to which the case is
transferred may charge the same filing fee as if it were
the commencement of a new suit.
(g) Petition to vacate or modify.
(1) In a proceeding involving a petition to vacate or
modify any final judgment or order filed within 30 days
after the judgment or order was entered, except for a
forcible entry and detainer case, small claims case,
petition to reopen an estate, petition to modify,
terminate, or enforce a judgment or order for child or
spousal support, or petition to modify, suspend, or
terminate an order for withholding, the fee shall not
exceed $60 in a county with a population of 3,000,000 or
more and $50 in any other county, except as applied to
units of local government and school districts in counties

with more than 3,000,000 inhabitants an amount not to
exceed $50.
(2) In a proceeding involving a petition to vacate or
modify any final judgment or order filed more than 30 days
after the judgment or order was entered, except for a
petition to modify, terminate, or enforce a judgment or
order for child or spousal support, or petition to modify,
suspend, or terminate an order for withholding, the fee
shall not exceed $75.
(3) In a proceeding involving a motion to vacate or
amend a final order, motion to vacate an ex parte judgment,
judgment of forfeiture, or "failure to appear" or "failure
to comply" notices sent to the Secretary of State, the fee
shall equal $40.
(h) Appeals preparation. The fee for preparation of a
record on appeal shall be based on the number of pages, as
follows:
(1) if the record contains no more than 100 pages, the
fee shall not exceed $70 in a county with a population of
3,000,000 or more and $50 in any other county;
(2) if the record contains between 100 and 200 pages,
the fee shall not exceed $100; and
(3) if the record contains 200 or more pages, the clerk
may collect an additional fee not to exceed 25 cents per
page.
(i) Remands. In any cases remanded to the circuit court

from the Supreme Court or the appellate court for a new trial,
the clerk shall 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. Parties
shall have the same right to a jury trial on remand and
reinstatement that they had before the appeal, and no
additional or new fee or charge shall be made for a jury trial
after remand.
(j) Garnishment, wage deduction, and citation. In
garnishment affidavit, wage deduction affidavit, and citation
petition proceedings:
(1) if the amount in controversy in the proceeding is
not more than $1,000, the fee may not exceed $35 in a
county with a population of 3,000,000 or more and $15 in
any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $15;
(2) if the amount in controversy in the proceeding is
greater than $1,000 and not more than $5,000, the fee may
not exceed $45 in a county with a population of 3,000,000
or more and $30 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $30; and
(3) if the amount in controversy in the proceeding is

greater than $5,000, the fee may not exceed $65 in a county
with a population of 3,000,000 or more and $50 in any other
county, except as applied to units of local government and
school districts in counties with more than 3,000,000
inhabitants an amount not to exceed $50.
(j-5) Debt Collection. In any proceeding to collect a debt
subject to the exception in item (ii) of subparagraph (A-5) of
paragraph (1) of subsection (z) of this Section, the circuit
court shall order and the clerk shall collect from each
judgment debtor a fee of:
(1) $35 if the amount in controversy in the proceeding
is not more than $1,000;
(2) $45 if the amount in controversy in the proceeding
is greater than $1,000 and not more than $5,000; and
(3) $65 if the amount in controversy in the proceeding
is greater than $5,000.
(k) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child support
cases, the clerk may collect a fee of up to 2.5% of the
amount collected and turned over.
(2) In child support and maintenance cases, the clerk
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 is 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.
(3) The clerk may collect 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 be deposited into the Separate
Maintenance and Child Support Collection Fund.
(4) In proceedings to foreclose the lien of delinquent
real estate taxes State's Attorneys shall receive a fee of
10% of the total amount realized from the sale of real
estate sold in the proceedings. The clerk shall collect the
fee from the total amount realized from the sale of the
real estate sold in the proceedings and remit to the County
Treasurer to be credited to the earnings of the Office of
State's Attorney.
(l) Mailing. The fee for the clerk mailing documents shall
not exceed $10 plus the cost of postage.

(m) Certified copies. The fee for each certified copy of a
judgment, after the first copy, shall not exceed $10.
(n) Certification, authentication, and reproduction.
(1) The fee for each certification or authentication
for taking the acknowledgment of a deed or other instrument
in writing with the seal of office shall not exceed $6.
(2) The fee for reproduction of any document contained
in the clerk's files shall not exceed:
(A) $2 for the first page;
(B) 50 cents per page for the next 19 pages; and
(C) 25 cents per page for all additional pages.
(o) Record search. For each record search, within a
division or municipal district, the clerk may collect a search
fee not to exceed $6 for each year searched.
(p) Hard copy. For each page of hard copy print output,
when case records are maintained on an automated medium, the
clerk may collect a fee not to exceed $10 in a county with a
population of 3,000,000 or more and $6 in any other county,
except as applied to units of local government and school
districts in counties with more than 3,000,000 inhabitants an
amount not to exceed $6.
(q) Index inquiry and other records. No fee shall be
charged for a single plaintiff and 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.
(r) Performing a marriage. There shall be a $10 fee for
performing a marriage in court.
(s) Voluntary assignment. For filing each deed of voluntary
assignment, the clerk shall collect a fee not to exceed $20.
For recording a deed of voluntary assignment, the clerk shall
collect a fee not to exceed 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.
(t) Expungement petition. The clerk may collect a fee not
to exceed $60 for each expungement petition filed and an
additional fee not to exceed $4 for each certified copy of an
order to expunge arrest records.
(u) Transcripts of judgment. For the filing of a transcript
of judgment, the clerk may collect the same fee as if it were
the commencement of a new suit.

(v) Probate filings.
(1) For each account (other than one final account)
filed in the estate of a decedent, or ward, the fee shall
not exceed $25.
(2) For filing a claim in an estate when the amount
claimed is greater than $150 and not more than $500, the
fee shall not exceed $40 in a county with a population of
3,000,000 or more and $25 in any other county; when the
amount claimed is greater than $500 and not more than
$10,000, the fee shall not exceed $55 in a county with a
population of 3,000,000 or more and $40 in any other
county; and when the amount claimed is more than $10,000,
the fee shall not exceed $75 in a county with a population
of 3,000,000 or more and $60 in any other county; except
the court in allowing a claim may add to the amount allowed
the filing fee paid by the claimant.
(3) 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, the fee shall not
exceed $60.
(4) There shall be no fee 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.
(5) For each jury demand, the fee shall not exceed
$137.50.
(6) For each certified copy of letters of office, of
court order, or other certification, the fee shall not
exceed $2 per page.
(7) For each exemplification, the fee shall not exceed
$2, plus the fee for certification.
(8) 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.
(9) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous
fees shall pay the same directly to the person entitled
thereto.
(10) 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) 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, the fee shall not exceed $25.
(x) Miscellaneous.
(1) Interest earned on any fees collected by the clerk
shall be turned over to the county general fund as an
earning of the office.
(2) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, the clerk shall collect a fee
of $25.
(y) Other fees. The clerk of the circuit court may provide
services in connection with the operation of the clerk's
office, other than those services mentioned in this Section, as
may be requested by the public and agreed to by the clerk and
approved by the Chief Judge. 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. Nothing in
this subsection shall be construed to require any clerk to
provide any service not otherwise required by law.
(y-5) Unpaid fees. Unless a court ordered payment schedule
is implemented or the fee requirements of this Section are
waived under a court order, the clerk of the circuit 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.
(z) Exceptions.
(1) No fee authorized by this Section shall apply to:
(A) police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means: an agency of the State or agency of 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; the Attorney General; or
any State's Attorney;
(A-5) any unit of local government or school
district, except in counties having a population of
500,000 or more the county board may by resolution set
fees for units of local government or school districts
no greater than the minimum fees applicable in counties
with a population less than 3,000,000; provided
however, no fee may be charged to any unit of local
government or school district in connection with any
action which, in whole or in part, is: (i) to enforce
an ordinance; (ii) to collect a debt; or (iii) under
the Administrative Review Law in counties having a
population of 500,000 or less and the county board in

counties having a population exceeding 500,000 may by
resolution set reduced fees for units of local
government or school districts;
(B) any action instituted by the corporate
authority of a municipality with more than 1,000,000
inhabitants under Section 11-31-1 of the Illinois
Municipal Code and 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 1,200 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;
(C) 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;
(D) a petitioner in any order of protection
proceeding, including, but not limited to, fees for
filing, modifying, withdrawing, certifying, or
photocopying petitions for orders of protection,
issuing alias summons, any related filing service, or
certifying, modifying, vacating, or photocopying any
orders of protection; or
(E) proceedings for the appointment of a
confidential intermediary under the Adoption Act.

(2) No fee other than the filing fee contained in the
applicable schedule in subsection (a) shall be charged to
any person in connection with an adoption proceeding.
(3) Upon good cause shown, the court may waive any fees
associated with a special needs adoption. The term "special
needs adoption" has the meaning provided by the Illinois
Department of Children and Family Services.
(aa) This Section is repealed on December 31, 2019.
(Source: 100HB4594enr.)