Bill Text: IL SB2982 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Criminal and Traffic Assessment Act. Creates the Criminal and Traffic Assessment Act Revisionary Task Force. Provides that the purpose of the Task Force is to conduct a thorough review of the implementation of Public Act 100-987, study the municipal administrative adjudication process, and make recommendations for revisions. Provides requirements for: appointment of members; compensation; administrative support; and reporting. Provides that the Act is repealed on January 1, 2023 (instead of January 1, 2021). Makes a corresponding change in the Clerks of Courts Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB2982 Detail]

Download: Illinois-2019-SB2982-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2982

Introduced 2/4/2020, by Sen. Celina Villanueva

SYNOPSIS AS INTRODUCED:
705 ILCS 105/27.1b
705 ILCS 135/1-15 new
705 ILCS 135/20-5

Amends the Criminal and Traffic Assessment Act. Creates the Criminal and Traffic Assessment Act Revisionary Task Force. Provides that the purpose of the Task Force is to conduct a thorough review of the implementation of Public Act 100-987, study the municipal administrative adjudication process, and make recommendations for revisions. Provides requirements for: appointment of members; compensation; administrative support; and reporting. Provides that the Act is repealed on January 1, 2023 (instead of January 1, 2021). Makes a corresponding change in the Clerks of Courts Act. Effective immediately.
LRB101 16043 LNS 65405 b

A BILL FOR

SB2982LRB101 16043 LNS 65405 b
1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Clerks of Courts Act is amended by changing
5Section 27.1b as follows:
6 (705 ILCS 105/27.1b)
7 (Section scheduled to be repealed on January 1, 2021)
8 Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
9other provision of law, all fees charged by the clerks of the
10circuit court for the services described in this Section shall
11be established, collected, and disbursed in accordance with
12this Section. Except as otherwise specified in this Section,
13all fees under this Section shall be paid in advance and
14disbursed by each clerk on a monthly basis. In a county with a
15population of over 3,000,000, units of local government and
16school districts shall not be required to pay fees under this
17Section in advance and the clerk shall instead send an itemized
18bill to the unit of local government or school district, within
1930 days of the fee being incurred, and the unit of local
20government or school district shall be allowed at least 30 days
21from the date of the itemized bill to pay; these payments shall
22be disbursed by each clerk on a monthly basis. Unless otherwise
23specified in this Section, the amount of a fee shall be

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1determined by ordinance or resolution of the county board and
2remitted to the county treasurer to be used for purposes
3related to the operation of the court system in the county. In
4a county with population of over 3,000,000, any amount retained
5by the clerk of the circuit court or remitted to the county
6treasurer shall be subject to appropriation by the county
7board.
8 (a) Civil cases. The fee for filing a complaint, petition,
9or other pleading initiating a civil action shall be as set
10forth in the applicable schedule under this subsection in
11accordance with case categories established by the Supreme
12Court in schedules.
13 (1) SCHEDULE 1: not to exceed a total of $366 in a
14 county with a population of 3,000,000 or more and not to
15 exceed $316 in any other county, except as applied to units
16 of local government and school districts in counties with
17 more than 3,000,000 inhabitants an amount not to exceed
18 $190 through December 31, 2021 and $184 on and after
19 January 1, 2022. The fees collected under this schedule
20 shall be disbursed as follows:
21 (A) The clerk shall retain a sum, in an amount not
22 to exceed $55 in a county with a population of
23 3,000,000 or more and in an amount not to exceed $45 in
24 any other county determined by the clerk with the
25 approval of the Supreme Court, to be used for court
26 automation, court document storage, and administrative

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1 purposes.
2 (B) The clerk shall remit up to $21 to the State
3 Treasurer. The State Treasurer shall deposit the
4 appropriate amounts, in accordance with the clerk's
5 instructions, as follows:
6 (i) up to $10, as specified by the Supreme
7 Court in accordance with Part 10A of Article II of
8 the Code of Civil Procedure, into the Mandatory
9 Arbitration Fund;
10 (ii) $2 into the Access to Justice Fund; and
11 (iii) $9 into the Supreme Court Special
12 Purposes Fund.
13 (C) The clerk shall remit a sum to the County
14 Treasurer, in an amount not to exceed $290 in a county
15 with a population of 3,000,000 or more and in an amount
16 not to exceed $250 in any other county, as specified by
17 ordinance or resolution passed by the county board, for
18 purposes related to the operation of the court system
19 in the county.
20 (2) SCHEDULE 2: not to exceed a total of $357 in a
21 county with a population of 3,000,000 or more and not to
22 exceed $266 in any other county, except as applied to units
23 of local government and school districts in counties with
24 more than 3,000,000 inhabitants an amount not to exceed
25 $190 through December 31, 2021 and $184 on and after
26 January 1, 2022. The fees collected under this schedule

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1 shall be disbursed as follows:
2 (A) The clerk shall retain a sum, in an amount not
3 to exceed $55 in a county with a population of
4 3,000,000 or more and in an amount not to exceed $45 in
5 any other county determined by the clerk with the
6 approval of the Supreme Court, to be used for court
7 automation, court document storage, and administrative
8 purposes.
9 (B) The clerk shall remit up to $21 to the State
10 Treasurer. The State Treasurer shall deposit the
11 appropriate amounts, in accordance with the clerk's
12 instructions, as follows:
13 (i) up to $10, as specified by the Supreme
14 Court in accordance with Part 10A of Article II of
15 the Code of Civil Procedure, into the Mandatory
16 Arbitration Fund;
17 (ii) $2 into the Access to Justice Fund: and
18 (iii) $9 into the Supreme Court Special
19 Purposes Fund.
20 (C) The clerk shall remit a sum to the County
21 Treasurer, in an amount not to exceed $281 in a county
22 with a population of 3,000,000 or more and in an amount
23 not to exceed $200 in any other county, as specified by
24 ordinance or resolution passed by the county board, for
25 purposes related to the operation of the court system
26 in the county.

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1 (3) SCHEDULE 3: not to exceed a total of $265 in a
2 county with a population of 3,000,000 or more and not to
3 exceed $89 in any other county, except as applied to units
4 of local government and school districts in counties with
5 more than 3,000,000 inhabitants an amount not to exceed
6 $190 through December 31, 2021 and $184 on and after
7 January 1, 2022. The fees collected under this schedule
8 shall be disbursed as follows:
9 (A) The clerk shall retain a sum, in an amount not
10 to exceed $55 in a county with a population of
11 3,000,000 or more and in an amount not to exceed $22 in
12 any other county determined by the clerk with the
13 approval of the Supreme Court, to be used for court
14 automation, court document storage, and administrative
15 purposes.
16 (B) The clerk shall remit $11 to the State
17 Treasurer. The State Treasurer shall deposit the
18 appropriate amounts in accordance with the clerk's
19 instructions, as follows:
20 (i) $2 into the Access to Justice Fund; and
21 (ii) $9 into the Supreme Court Special
22 Purposes Fund.
23 (C) The clerk shall remit a sum to the County
24 Treasurer, in an amount not to exceed $199 in a county
25 with a population of 3,000,000 or more and in an amount
26 not to exceed $56 in any other county, as specified by

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1 ordinance or resolution passed by the county board, for
2 purposes related to the operation of the court system
3 in the county.
4 (4) SCHEDULE 4: $0.
5 (b) Appearance. The fee for filing an appearance in a civil
6action, including a cannabis civil law action under the
7Cannabis Control Act, shall be as set forth in the applicable
8schedule under this subsection in accordance with case
9categories established by the Supreme Court in schedules.
10 (1) SCHEDULE 1: not to exceed a total of $230 in a
11 county with a population of 3,000,000 or more and not to
12 exceed $191 in any other county, except as applied to units
13 of local government and school districts in counties with
14 more than 3,000,000 inhabitants an amount not to exceed
15 $75. The fees collected under this schedule shall be
16 disbursed as follows:
17 (A) The clerk shall retain a sum, in an amount not
18 to exceed $50 in a county with a population of
19 3,000,000 or more and in an amount not to exceed $45 in
20 any other county determined by the clerk with the
21 approval of the Supreme Court, to be used for court
22 automation, court document storage, and administrative
23 purposes.
24 (B) The clerk shall remit up to $21 to the State
25 Treasurer. The State Treasurer shall deposit the
26 appropriate amounts, in accordance with the clerk's

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1 instructions, as follows:
2 (i) up to $10, as specified by the Supreme
3 Court in accordance with Part 10A of Article II of
4 the Code of Civil Procedure, into the Mandatory
5 Arbitration Fund;
6 (ii) $2 into the Access to Justice Fund; and
7 (iii) $9 into the Supreme Court Special
8 Purposes Fund.
9 (C) The clerk shall remit a sum to the County
10 Treasurer, in an amount not to exceed $159 in a county
11 with a population of 3,000,000 or more and in an amount
12 not to exceed $125 in any other county, as specified by
13 ordinance or resolution passed by the county board, for
14 purposes related to the operation of the court system
15 in the county.
16 (2) SCHEDULE 2: not to exceed a total of $130 in a
17 county with a population of 3,000,000 or more and not to
18 exceed $109 in any other county, except as applied to units
19 of local government and school districts in counties with
20 more than 3,000,000 inhabitants an amount not to exceed
21 $75. The fees collected under this schedule shall be
22 disbursed as follows:
23 (A) The clerk shall retain a sum, in an amount not
24 to exceed $50 in a county with a population of
25 3,000,000 or more and in an amount not to exceed $10 in
26 any other county determined by the clerk with the

SB2982- 8 -LRB101 16043 LNS 65405 b
1 approval of the Supreme Court, to be used for court
2 automation, court document storage, and administrative
3 purposes.
4 (B) The clerk shall remit $9 to the State
5 Treasurer, which the State Treasurer shall deposit
6 into the Supreme Court Special Purpose Fund.
7 (C) The clerk shall remit a sum to the County
8 Treasurer, in an amount not to exceed $71 in a county
9 with a population of 3,000,000 or more and in an amount
10 not to exceed $90 in any other county, as specified by
11 ordinance or resolution passed by the county board, for
12 purposes related to the operation of the court system
13 in the county.
14 (3) SCHEDULE 3: $0.
15 (b-5) Kane County and Will County. In Kane County and Will
16County civil cases, there is an additional fee of up to $30 as
17set by the county board under Section 5-1101.3 of the Counties
18Code to be paid by each party at the time of filing the first
19pleading, paper, or other appearance; provided that no
20additional fee shall be required if more than one party is
21represented in a single pleading, paper, or other appearance.
22Distribution of fees collected under this subsection (b-5)
23shall be as provided in Section 5-1101.3 of the Counties Code.
24 (c) Counterclaim or third party complaint. When any
25defendant files a counterclaim or third party complaint, as
26part of the defendant's answer or otherwise, the defendant

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1shall pay a filing fee for each counterclaim or third party
2complaint in an amount equal to the filing fee the defendant
3would have had to pay had the defendant brought a separate
4action for the relief sought in the counterclaim or third party
5complaint, less the amount of the appearance fee, if any, that
6the defendant has already paid in the action in which the
7counterclaim or third party complaint is filed.
8 (d) Alias summons. The clerk shall collect a fee not to
9exceed $6 in a county with a population of 3,000,000 or more
10and not to exceed $5 in any other county for each alias summons
11or citation issued by the clerk, except as applied to units of
12local government and school districts in counties with more
13than 3,000,000 inhabitants an amount not to exceed $5 for each
14alias summons or citation issued by the clerk.
15 (e) Jury services. The clerk shall collect, in addition to
16other fees allowed by law, a sum not to exceed $212.50, as a
17fee for the services of a jury in every civil action not
18quasi-criminal in its nature and not a proceeding for the
19exercise of the right of eminent domain and in every other
20action wherein the right of trial by jury is or may be given by
21law. The jury fee shall be paid by the party demanding a jury
22at the time of filing the jury demand. If the fee is not paid by
23either party, no jury shall be called in the action or
24proceeding, and the action or proceeding shall be tried by the
25court without a jury.
26 (f) Change of venue. In connection with a change of venue:

SB2982- 10 -LRB101 16043 LNS 65405 b
1 (1) The clerk of the jurisdiction from which the case
2 is transferred may charge a fee, not to exceed $40, for the
3 preparation and certification of the record; and
4 (2) The clerk of the jurisdiction to which the case is
5 transferred may charge the same filing fee as if it were
6 the commencement of a new suit.
7 (g) Petition to vacate or modify.
8 (1) In a proceeding involving a petition to vacate or
9 modify any final judgment or order filed within 30 days
10 after the judgment or order was entered, except for an
11 eviction case, small claims case, petition to reopen an
12 estate, petition to modify, terminate, or enforce a
13 judgment or order for child or spousal support, or petition
14 to modify, suspend, or terminate an order for withholding,
15 the fee shall not exceed $60 in a county with a population
16 of 3,000,000 or more and shall not exceed $50 in any other
17 county, except as applied to units of local government and
18 school districts in counties with more than 3,000,000
19 inhabitants an amount not to exceed $50.
20 (2) In a proceeding involving a petition to vacate or
21 modify any final judgment or order filed more than 30 days
22 after the judgment or order was entered, except for a
23 petition to modify, terminate, or enforce a judgment or
24 order for child or spousal support, or petition to modify,
25 suspend, or terminate an order for withholding, the fee
26 shall not exceed $75.

SB2982- 11 -LRB101 16043 LNS 65405 b
1 (3) In a proceeding involving a motion to vacate or
2 amend a final order, motion to vacate an ex parte judgment,
3 judgment of forfeiture, or "failure to appear" or "failure
4 to comply" notices sent to the Secretary of State, the fee
5 shall equal $40.
6 (h) Appeals preparation. The fee for preparation of a
7record on appeal shall be based on the number of pages, as
8follows:
9 (1) if the record contains no more than 100 pages, the
10 fee shall not exceed $70 in a county with a population of
11 3,000,000 or more and shall not exceed $50 in any other
12 county;
13 (2) if the record contains between 100 and 200 pages,
14 the fee shall not exceed $100; and
15 (3) if the record contains 200 or more pages, the clerk
16 may collect an additional fee not to exceed 25 cents per
17 page.
18 (i) Remands. In any cases remanded to the circuit court
19from the Supreme Court or the appellate court for a new trial,
20the clerk shall reinstate the case with either its original
21number or a new number. The clerk shall not charge any new or
22additional fee for the reinstatement. Upon reinstatement, the
23clerk shall advise the parties of the reinstatement. Parties
24shall have the same right to a jury trial on remand and
25reinstatement that they had before the appeal, and no
26additional or new fee or charge shall be made for a jury trial

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1after remand.
2 (j) Garnishment, wage deduction, and citation. In
3garnishment affidavit, wage deduction affidavit, and citation
4petition proceedings:
5 (1) if the amount in controversy in the proceeding is
6 not more than $1,000, the fee may not exceed $35 in a
7 county with a population of 3,000,000 or more and may not
8 exceed $15 in any other county, except as applied to units
9 of local government and school districts in counties with
10 more than 3,000,000 inhabitants an amount not to exceed
11 $15;
12 (2) if the amount in controversy in the proceeding is
13 greater than $1,000 and not more than $5,000, the fee may
14 not exceed $45 in a county with a population of 3,000,000
15 or more and may not exceed $30 in any other county, except
16 as applied to units of local government and school
17 districts in counties with more than 3,000,000 inhabitants
18 an amount not to exceed $30; and
19 (3) if the amount in controversy in the proceeding is
20 greater than $5,000, the fee may not exceed $65 in a county
21 with a population of 3,000,000 or more and may not exceed
22 $50 in any other county, except as applied to units of
23 local government and school districts in counties with more
24 than 3,000,000 inhabitants an amount not to exceed $50.
25 (j-5) Debt collection. In any proceeding to collect a debt
26subject to the exception in item (ii) of subparagraph (A-5) of

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1paragraph (1) of subsection (z) of this Section, the circuit
2court shall order and the clerk shall collect from each
3judgment debtor a fee of:
4 (1) $35 if the amount in controversy in the proceeding
5 is not more than $1,000;
6 (2) $45 if the amount in controversy in the proceeding
7 is greater than $1,000 and not more than $5,000; and
8 (3) $65 if the amount in controversy in the proceeding
9 is greater than $5,000.
10 (k) Collections.
11 (1) For all collections made of others, except the
12 State and county and except in maintenance or child support
13 cases, the clerk may collect a fee of up to 2.5% of the
14 amount collected and turned over.
15 (2) In child support and maintenance cases, the clerk
16 may collect an annual fee of up to $36 from the person
17 making payment for maintaining child support records and
18 the processing of support orders to the State of Illinois
19 KIDS system and the recording of payments issued by the
20 State Disbursement Unit for the official record of the
21 Court. This fee is in addition to and separate from amounts
22 ordered to be paid as maintenance or child support and
23 shall be deposited into a Separate Maintenance and Child
24 Support Collection Fund, of which the clerk shall be the
25 custodian, ex officio, to be used by the clerk to maintain
26 child support orders and record all payments issued by the

SB2982- 14 -LRB101 16043 LNS 65405 b
1 State Disbursement Unit for the official record of the
2 Court. The clerk may recover from the person making the
3 maintenance or child support payment any additional cost
4 incurred in the collection of this annual fee.
5 (3) The clerk may collect a fee of $5 for
6 certifications made to the Secretary of State as provided
7 in Section 7-703 of the Illinois Vehicle Code, and this fee
8 shall be deposited into the Separate Maintenance and Child
9 Support Collection Fund.
10 (4) In proceedings to foreclose the lien of delinquent
11 real estate taxes, State's Attorneys shall receive a fee of
12 10% of the total amount realized from the sale of real
13 estate sold in the proceedings. The clerk shall collect the
14 fee from the total amount realized from the sale of the
15 real estate sold in the proceedings and remit to the County
16 Treasurer to be credited to the earnings of the Office of
17 the State's Attorney.
18 (l) Mailing. The fee for the clerk mailing documents shall
19not exceed $10 plus the cost of postage.
20 (m) Certified copies. The fee for each certified copy of a
21judgment, after the first copy, shall not exceed $10.
22 (n) Certification, authentication, and reproduction.
23 (1) The fee for each certification or authentication
24 for taking the acknowledgment of a deed or other instrument
25 in writing with the seal of office shall not exceed $6.
26 (2) The fee for reproduction of any document contained

SB2982- 15 -LRB101 16043 LNS 65405 b
1 in the clerk's files shall not exceed:
2 (A) $2 for the first page;
3 (B) 50 cents per page for the next 19 pages; and
4 (C) 25 cents per page for all additional pages.
5 (o) Record search. For each record search, within a
6division or municipal district, the clerk may collect a search
7fee not to exceed $6 for each year searched.
8 (p) Hard copy. For each page of hard copy print output,
9when case records are maintained on an automated medium, the
10clerk may collect a fee not to exceed $10 in a county with a
11population of 3,000,000 or more and not to exceed $6 in any
12other county, except as applied to units of local government
13and school districts in counties with more than 3,000,000
14inhabitants an amount not to exceed $6.
15 (q) Index inquiry and other records. No fee shall be
16charged for a single plaintiff and defendant index inquiry or
17single case record inquiry when this request is made in person
18and the records are maintained in a current automated medium,
19and when no hard copy print output is requested. The fees to be
20charged for management records, multiple case records, and
21multiple journal records may be specified by the Chief Judge
22pursuant to the guidelines for access and dissemination of
23information approved by the Supreme Court.
24 (r) Performing a marriage. There shall be a $10 fee for
25performing a marriage in court.
26 (s) Voluntary assignment. For filing each deed of voluntary

SB2982- 16 -LRB101 16043 LNS 65405 b
1assignment, the clerk shall collect a fee not to exceed $20.
2For recording a deed of voluntary assignment, the clerk shall
3collect a fee not to exceed 50 cents for each 100 words.
4Exceptions filed to claims presented to an assignee of a debtor
5who has made a voluntary assignment for the benefit of
6creditors shall be considered and treated, for the purpose of
7taxing costs therein, as actions in which the party or parties
8filing the exceptions shall be considered as party or parties
9plaintiff, and the claimant or claimants as party or parties
10defendant, and those parties respectively shall pay to the
11clerk the same fees as provided by this Section to be paid in
12other actions.
13 (t) Expungement petition. The clerk may collect a fee not
14to exceed $60 for each expungement petition filed and an
15additional fee not to exceed $4 for each certified copy of an
16order to expunge arrest records.
17 (u) Transcripts of judgment. For the filing of a transcript
18of judgment, the clerk may collect the same fee as if it were
19the commencement of a new suit.
20 (v) Probate filings.
21 (1) For each account (other than one final account)
22 filed in the estate of a decedent, or ward, the fee shall
23 not exceed $25.
24 (2) For filing a claim in an estate when the amount
25 claimed is greater than $150 and not more than $500, the
26 fee shall not exceed $40 in a county with a population of

SB2982- 17 -LRB101 16043 LNS 65405 b
1 3,000,000 or more and shall not exceed $25 in any other
2 county; when the amount claimed is greater than $500 and
3 not more than $10,000, the fee shall not exceed $55 in a
4 county with a population of 3,000,000 or more and shall not
5 exceed $40 in any other county; and when the amount claimed
6 is more than $10,000, the fee shall not exceed $75 in a
7 county with a population of 3,000,000 or more and shall not
8 exceed $60 in any other county; except the court in
9 allowing a claim may add to the amount allowed the filing
10 fee paid by the claimant.
11 (3) For filing in an estate a claim, petition, or
12 supplemental proceeding based upon an action seeking
13 equitable relief including the construction or contest of a
14 will, enforcement of a contract to make a will, and
15 proceedings involving testamentary trusts or the
16 appointment of testamentary trustees, the fee shall not
17 exceed $60.
18 (4) There shall be no fee for filing in an estate: (i)
19 the appearance of any person for the purpose of consent; or
20 (ii) the appearance of an executor, administrator,
21 administrator to collect, guardian, guardian ad litem, or
22 special administrator.
23 (5) For each jury demand, the fee shall not exceed
24 $137.50.
25 (6) For each certified copy of letters of office, of
26 court order, or other certification, the fee shall not

SB2982- 18 -LRB101 16043 LNS 65405 b
1 exceed $2 per page.
2 (7) For each exemplification, the fee shall not exceed
3 $2, plus the fee for certification.
4 (8) The executor, administrator, guardian, petitioner,
5 or other interested person or his or her attorney shall pay
6 the cost of publication by the clerk directly to the
7 newspaper.
8 (9) The person on whose behalf a charge is incurred for
9 witness, court reporter, appraiser, or other miscellaneous
10 fees shall pay the same directly to the person entitled
11 thereto.
12 (10) The executor, administrator, guardian,
13 petitioner, or other interested person or his or her
14 attorney shall pay to the clerk all postage charges
15 incurred by the clerk in mailing petitions, orders,
16 notices, or other documents pursuant to the provisions of
17 the Probate Act of 1975.
18 (w) Corrections of numbers. For correction of the case
19number, case title, or attorney computer identification
20number, if required by rule of court, on any document filed in
21the clerk's office, to be charged against the party that filed
22the document, the fee shall not exceed $25.
23 (x) Miscellaneous.
24 (1) Interest earned on any fees collected by the clerk
25 shall be turned over to the county general fund as an
26 earning of the office.

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1 (2) For any check, draft, or other bank instrument
2 returned to the clerk for non-sufficient funds, account
3 closed, or payment stopped, the clerk shall collect a fee
4 of $25.
5 (y) Other fees. Any fees not covered in this Section shall
6be set by rule or administrative order of the circuit court
7with the approval of the Administrative Office of the Illinois
8Courts. The clerk of the circuit court may provide services in
9connection with the operation of the clerk's office, other than
10those services mentioned in this Section, as may be requested
11by the public and agreed to by the clerk and approved by the
12Chief Judge. Any charges for additional services shall be as
13agreed to between the clerk and the party making the request
14and approved by the Chief Judge. Nothing in this subsection
15shall be construed to require any clerk to provide any service
16not otherwise required by law.
17 (y-5) Unpaid fees. Unless a court ordered payment schedule
18is implemented or the fee requirements of this Section are
19waived under a court order, the clerk of the circuit court may
20add to any unpaid fees and costs under this Section a
21delinquency amount equal to 5% of the unpaid fees that remain
22unpaid after 30 days, 10% of the unpaid fees that remain unpaid
23after 60 days, and 15% of the unpaid fees that remain unpaid
24after 90 days. Notice to those parties may be made by signage
25posting or publication. The additional delinquency amounts
26collected under this Section shall be deposited into the

SB2982- 20 -LRB101 16043 LNS 65405 b
1Circuit Court Clerk Operations and Administration Fund and used
2to defray additional administrative costs incurred by the clerk
3of the circuit court in collecting unpaid fees and costs.
4 (z) Exceptions.
5 (1) No fee authorized by this Section shall apply to:
6 (A) police departments or other law enforcement
7 agencies. In this Section, "law enforcement agency"
8 means: an agency of the State or agency of a unit of
9 local government which is vested by law or ordinance
10 with the duty to maintain public order and to enforce
11 criminal laws or ordinances; the Attorney General; or
12 any State's Attorney;
13 (A-5) any unit of local government or school
14 district, except in counties having a population of
15 500,000 or more the county board may by resolution set
16 fees for units of local government or school districts
17 no greater than the minimum fees applicable in counties
18 with a population less than 3,000,000; provided
19 however, no fee may be charged to any unit of local
20 government or school district in connection with any
21 action which, in whole or in part, is: (i) to enforce
22 an ordinance; (ii) to collect a debt; or (iii) under
23 the Administrative Review Law;
24 (B) any action instituted by the corporate
25 authority of a municipality with more than 1,000,000
26 inhabitants under Section 11-31-1 of the Illinois

SB2982- 21 -LRB101 16043 LNS 65405 b
1 Municipal Code and any action instituted under
2 subsection (b) of Section 11-31-1 of the Illinois
3 Municipal Code by a private owner or tenant of real
4 property within 1,200 feet of a dangerous or unsafe
5 building seeking an order compelling the owner or
6 owners of the building to take any of the actions
7 authorized under that subsection;
8 (C) any commitment petition or petition for an
9 order authorizing the administration of psychotropic
10 medication or electroconvulsive therapy under the
11 Mental Health and Developmental Disabilities Code;
12 (D) a petitioner in any order of protection
13 proceeding, including, but not limited to, fees for
14 filing, modifying, withdrawing, certifying, or
15 photocopying petitions for orders of protection,
16 issuing alias summons, any related filing service, or
17 certifying, modifying, vacating, or photocopying any
18 orders of protection; or
19 (E) proceedings for the appointment of a
20 confidential intermediary under the Adoption Act.
21 (2) No fee other than the filing fee contained in the
22 applicable schedule in subsection (a) shall be charged to
23 any person in connection with an adoption proceeding.
24 (3) Upon good cause shown, the court may waive any fees
25 associated with a special needs adoption. The term "special
26 needs adoption" has the meaning provided by the Illinois

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1 Department of Children and Family Services.
2 (aa) This Section is repealed on January 1, 2023 2021.
3(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
4100-1161, eff. 7-1-19.)
5 Section 10. The Criminal and Traffic Assessment Act is
6amended by changing Section 20-5 and by adding Section 1-15 as
7follows:
8 (705 ILCS 135/1-15 new)
9 Sec. 1-15. Criminal and Traffic Assessment Act Revisionary
10Task Force.
11 (a) The Criminal and Traffic Assessment Act Revisionary
12Task Force is created.
13 (b) The purpose of the Task Force is to conduct a thorough
14review of the implementation of Public Act 100-987, study the
15municipal administrative adjudication process, and make
16recommendations for revisions.
17 (c) The Task Force shall consist of the following members:
18 (1) one member appointed by the Speaker of the House of
19 Representatives;
20 (2) one member appointed by the Minority Leader of the
21 House of Representatives;
22 (3) one member appointed by the President of the
23 Senate;
24 (4) one member appointed by the Minority Leader of the

SB2982- 23 -LRB101 16043 LNS 65405 b
1 Senate;
2 (5) the Director of State Police, or his or her
3 designee;
4 (6) the Executive Director of the Illinois Law
5 Enforcement Training Standards Board, or his or her
6 designee;
7 (7) the Chairman of the Illinois Criminal Justice
8 Information Authority, or his or her designee;
9 (8) the Attorney General, or his or her designee;
10 (9) 7 members from the Supreme Court;
11 (10) one member from an association representing court
12 clerks;
13 (11) one member from an association representing
14 municipalities;
15 (12) one member from an association representing
16 counties; and
17 (13) one member from an association representing
18 sheriffs.
19 (d) At the direction of the Supreme Court, the
20Administrative Office of the Illinois Courts shall provide
21administrative support to the Task Force.
22 (e) Task Force members shall serve without compensation but
23may be reimbursed for their expenses incurred in performing
24their duties.
25 (f) The Task Force shall submit a report containing its
26findings and any recommendations to the Supreme Court and the

SB2982- 24 -LRB101 16043 LNS 65405 b
1General Assembly by June 1, 2021. The Task Force is dissolved,
2and this Section is repealed, on June 1, 2022.
3 (705 ILCS 135/20-5)
4 (Section scheduled to be repealed on January 1, 2021)
5 Sec. 20-5. Repeal. This Act is repealed on January 1, 2023
62021.
7(Source: P.A. 100-987, eff. 7-1-19.)
8 Section 99. Effective date. This Act takes effect upon
9becoming law.
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