(705 ILCS 105/27.1a)
(from Ch. 25, par. 27.1a)
Sec. 27.1a.
The fees of the clerks of the circuit court in all counties having a population of not more than 500,000 inhabitants in the instances described in this Section shall be as provided in this Section. In those instances where a minimum and maximum fee is stated, the clerk of the circuit court must charge the minimum fee listed and may charge up to the maximum fee if the county board has by resolution increased the fee. The fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
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 |
|
For filing a petition for a marriage license, $10.
For performing a marriage in court, $10.
For filing a petition under the Illinois Parentage |
|
(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. | |
(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 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 |
| 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 |
|
(A) First page, a minimum of $1 and a maximum of |
|
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the |
| Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. | |
(m) Record Search.
For each record search, within a division or |
| municipal district, the clerk shall be entitled to a search fee of a minimum of $4 and a maximum of $6 for each year searched. | |
(n) Hard Copy.
For each page of hard copy print output, when case |
| records are maintained on an automated medium, the clerk shall be entitled to a fee of a minimum of $4 and a maximum of $6. | |
(o) Index Inquiry and Other Records.
No fee shall be charged for a single |
| plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court. | |
(p) (Blank).
(q) Alias Summons.
For each alias summons or citation issued by the |
| clerk, a minimum of $2 and a maximum of $5. | |
(r) Other Fees.
Any fees not covered in this Section shall be set by |
| rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts. | |
The clerk of the circuit court may provide |
| additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. | |
(s) Jury Services.
The clerk shall be entitled to receive, in addition |
| to other fees allowed by law, the sum of a minimum of $62.50 and a maximum of $212.50, as a fee for the services of a jury in every civil action not quasi‑criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury. | |
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, a |
| minimum of $10 and a maximum of $20; for recording the same, a minimum of 25 cents and a maximum of 50 cents for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions. | |
(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: | |
(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, |
|
(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, |
|
(3) In addition to the fees payable under subsection |
| (v)(1) or (v)(2) of this Section, the following fees are payable: | |
(A) For each account (other than one final |
| account) filed in the estate of a decedent, or ward, a minimum of $10 and a maximum of $25. | |
(B) For filing a claim in an estate when the |
| amount claimed is $150 or more but less than $500, a minimum of $10 and a maximum of $25; when the amount claimed is $500 or more but less than $10,000, a minimum of $10 and a maximum of $40; when the amount claimed is $10,000 or more, a minimum of $10 and a maximum of $60; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant. | |
(C) For filing in an estate a claim, petition, |
| or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, a minimum of $40 and a maximum of $60. | |
(D) For filing in an estate (i) the appearance |
| of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee. | |
(E) Except as provided in subsection (v)(3)(D), |
| for filing the appearance of any person or persons, a minimum of $10 and a maximum of $30. | |
(F) For each jury demand, a minimum of $62.50 |
| and a maximum of $137.50. | |
(G) For disposition of the collection of a |
| judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, a minimum of $30 and a maximum of $50, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a maximum of $20. | |
(H) For each certified copy of letters of |
| office, of court order or other certification, a minimum of $1 and a maximum of $2, plus a minimum of 50 cents and a maximum of $1 per page in excess of 3 pages for the document certified. | |
(I) For each exemplification, a minimum of $1 |
| and a maximum of $2, plus the fee for certification. | |
(4) The executor, administrator, guardian, |
| petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper. | |
(5) The person on whose behalf a charge is incurred |
| for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto. | |
(6) The executor, administrator, guardian, |
| petitioner, or other interested person or his or her attorney shall pay to the clerk all postage charges incurred by the clerk in 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 |
|
(B) Misdemeanor complaints, a minimum of $25 and |
|
(C) Business offense complaints, a minimum of |
| $25 and a maximum of $75. | |
(D) Petty offense complaints, a minimum of $25 |
|
(E) Minor traffic or ordinance violations, $10.
(F) When court appearance required, $15.
(G) Motions to vacate or amend final orders, a |
| minimum of $20 and a maximum of $40. | |
(H) Motions to vacate bond forfeiture orders, a |
| minimum of $20 and a maximum of $40. | |
(I) Motions to vacate ex parte judgments, |
| whenever filed, a minimum of $20 and a maximum of $40. | |
(J) Motions to vacate judgment on forfeitures, |
| whenever filed, a minimum of $20 and a maximum of $40. | |
(K) Motions to vacate "failure to appear" or |
| "failure to comply" notices sent to the Secretary of State, a minimum of $20 and a maximum of $40. | |
(2) In counties having a population of not more than |
| 500,000 inhabitants, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows: | |
(A) Minor traffic or ordinance violations, $10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine |
| only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of a minimum of $62.50 and a maximum of $137.50 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury. | |
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the |
| clerk shall be entitled to the same fee as if it were the commencement of a new suit. | |
(y) Change of Venue.
(1) For the filing of a change of case on a change |
| of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. | |
(2) The fee for the preparation and certification of |
| a record on a change of venue to another jurisdiction, when original documents are forwarded, a minimum of $10 and a maximum of $40. | |
(z) Tax objection complaints.
For each tax objection complaint containing one or |
| more tax objections, regardless of the number of parcels involved or the number of taxpayers joining on the complaint, a minimum of $10 and a maximum of $50. | |
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is |
| involved, a minimum of $45 and a maximum of $200. | |
(2) For each additional parcel, add a fee of a |
| minimum of $10 and a maximum of $60. | |
(bb) Collections.
(1) For all collections made of others, except the |
| State and county and except in maintenance or child support cases, a sum equal to a minimum of 2% and a maximum of 2.5% of the amount collected and turned over. | |
(2) Interest earned on any funds held by the clerk |
| shall be turned over to the county general fund as an earning of the office. | |
(3) For any check, draft, or other bank instrument |
| returned to the clerk for non‑sufficient funds, account closed, or payment stopped, $25. | |
(4) In child support and maintenance cases, the |
| clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex‑officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. | |
The clerk shall also be entitled to a fee of $5 for |
| certifications made to the Secretary of State as provided in Section 7‑703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. | |
(cc) Corrections of Numbers.
For correction of the case number, case title, or |
| attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, a minimum of $10 and a maximum of $25. | |
(dd) Exceptions.
(1) The fee requirements of this Section shall not |
| apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney. | |
(2) No fee provided herein shall be charged to any |
| unit of local government or school district. | |
(3) The fee requirements of this Section shall not |
| apply to any action instituted under subsection (b) of Section 11‑31‑1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection. | |
(4) The fee requirements of this Section shall not |
| apply to the filing of any commitment petition or petition for an order authorizing the administration of psychotropic medication or electroconvulsive therapy under the Mental Health and Developmental Disabilities Code. | |
(ee) Adoptions.
(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 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 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 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 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, |
| 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 |
|
(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 same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. | |
(m) Record Search.
For each record search, within a division or |
| municipal district, the clerk shall be entitled to a search fee of a minimum of $4 and a maximum of $6 for each year searched. | |
(n) Hard Copy.
For each page of hard copy print output, when case |
| records are maintained on an automated medium, the clerk shall be entitled to a fee of a minimum of $4 and a maximum of $6. | |
(o) Index Inquiry and Other Records.
No fee shall be charged for a single |
| plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court. | |
(p) (Blank).
(q) Alias Summons.
For each alias summons or citation issued by the |
| clerk, a minimum of $4 and a maximum of $5. | |
(r) Other Fees.
Any fees not covered in this Section shall be set by |
| rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts. | |
The clerk of the circuit court may provide |
| additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. | |
(s) Jury Services.
The clerk shall be entitled to receive, in addition |
| to other fees allowed by law, the sum of a minimum of $192.50 and a maximum of $212.50, as a fee for the services of a jury in every civil action not quasi‑criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury. | |
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, a |
| minimum of $10 and a maximum of $20; for recording the same, a minimum of 25¢ and a maximum of 50¢ for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions. | |
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of a |
| minimum of $30 and a maximum of $60 for each expungement petition filed and an additional fee of a minimum of $2 and a maximum of $4 for each certified copy of an order to expunge arrest records. | |
(v) Probate.
The clerk is entitled to receive the fees specified |
| in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection: | |
(1) For administration of the estate of a decedent |
| (whether testate or intestate) or of a missing person, a minimum of $100 and a maximum of $150, plus the fees specified in subsection (v)(3), except: | |
(A) When the value of the real and personal |
| property does not exceed $15,000, the fee shall be a minimum of $25 and a maximum of $40. | |
(B) When (i) proof of heirship alone is made, |
| (ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be a minimum of $25 and a maximum of $40. | |
(2) For administration of the estate of a ward, a |
| minimum of $50 and a maximum of $75, plus the fees specified in subsection (v)(3), except: | |
(A) When the value of the real and personal |
| property does not exceed $15,000, the fee shall be a minimum of $25 and a maximum of $40. | |
(B) When (i) letters of office are issued to a |
| guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be a minimum of $10 and a maximum of $20. | |
(3) In addition to the fees payable under subsection |
| (v)(1) or (v)(2) of this Section, the following fees are payable: | |
(A) For each account (other than one final |
| account) filed in the estate of a decedent, or ward, a minimum of $15 and a maximum of $25. | |
(B) For filing a claim in an estate when the |
| amount claimed is $150 or more but less than $500, a minimum of $10 and a maximum of $20; when the amount claimed is $500 or more but less than $10,000, a minimum of $25 and a maximum of $40; when the amount claimed is $10,000 or more, a minimum of $40 and a maximum of $60; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant. | |
(C) For filing in an estate a claim, petition, |
| or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, a minimum of $40 and a maximum of $60. | |
(D) For filing in an estate (i) the appearance |
| of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee. | |
(E) Except as provided in subsection (v)(3)(D), |
| for filing the appearance of any person or persons, a minimum of $10 and a maximum of $30. | |
(F) For each jury demand, a minimum of $102.50 |
| and a maximum of $137.50. | |
(G) For disposition of the collection of a |
| judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, a minimum of $30 and a maximum of $50, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a maximum of $20. | |
(H) For each certified copy of letters of |
| office, of court order or other certification, a minimum of $1 and a maximum of $2, plus a minimum of 50¢ and a maximum of $1 per page in excess of 3 pages for the document certified. | |
(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 |
|
(B) Misdemeanor complaints, a minimum of $50 and |
|
(C) Business offense complaints, a minimum of |
| $50 and a maximum of $75. | |
(D) Petty offense complaints, a minimum of $50 |
|
(E) Minor traffic or ordinance violations, $20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders, a |
| minimum of $20 and a maximum of $40. | |
(H) Motions to vacate bond forfeiture orders, a |
| minimum of $20 and a maximum of $30. | |
(I) Motions to vacate ex parte judgments, |
| whenever filed, a minimum of $20 and a maximum of $30. | |
(J) Motions to vacate judgment on forfeitures, |
| whenever filed, a minimum of $20 and a maximum of $25. | |
(K) Motions to vacate "failure to appear" or |
| "failure to comply" notices sent to the Secretary of State, a minimum of $20 and a maximum of $40. | |
(2) In counties having a population of more than |
| 500,000 but fewer than 3,000,000 inhabitants, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows: | |
(A) Minor traffic or ordinance violations, $10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine |
| only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of a 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 |
| 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 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 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 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 $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 |
|
(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, 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 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 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.
(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 |
|
(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 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, 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 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: | |
(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 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, 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 |
|
(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 |
|
(4) The executor, administrator, guardian, |
| petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper. | |
(5) The person on whose behalf a charge is incurred |
| for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto. | |
(6) The executor, administrator, guardian, |
| petitioner, or other interested person or his or her attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975. | |
(w) Criminal and Quasi‑Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all |
| criminal and quasi‑criminal cases from each person convicted or sentenced to supervision therein as follows: | |
(A) Felony complaints, a minimum of $125 and a |
|
(B) Misdemeanor complaints, a minimum of $75 and |
|
(C) Business offense complaints, a minimum of |
| $75 and a maximum of $110. | |
(D) Petty offense complaints, a minimum of $75 |
|
(E) Minor traffic or ordinance violations, $30.
(F) When court appearance required, $50.
(G) Motions to vacate or amend final orders, a |
| minimum of $40 and a maximum of $80. | |
(H) Motions to vacate bond forfeiture orders, a |
| minimum of $30 and a maximum of $45. | |
(I) Motions to vacate ex parte judgments, |
| whenever filed, a minimum of $30 and a maximum of $45. | |
(J) Motions to vacate judgment on forfeitures, |
| whenever filed, a minimum of $25 and a maximum of $30. | |
(K) Motions to vacate "failure to appear" or |
| "failure to comply" notices sent to the Secretary of State, a minimum of $40 and a maximum of $50. | |
(2) In counties having a population of 3,000,000 or |
| more, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows: | |
(A) Minor traffic or ordinance violations, $30.
(B) When court appearance required, $50.
(3) In ordinance violation cases punishable by fine |
| only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of a minimum of $112.50 and a maximum of $250 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury. | |
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the |
| clerk shall be entitled to the same fee as if it were the commencement of a new suit. | |
(y) Change of Venue.
(1) For the filing of a change of case on a change |
| of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. | |
(2) The fee for the preparation and certification of |
| a record on a change of venue to another jurisdiction, when original documents are forwarded, a minimum of $40 and a maximum of $65. | |
(z) Tax objection complaints.
For each tax objection complaint containing one or |
| more tax objections, regardless of the number of parcels involved or the number of taxpayers joining in the complaint, a minimum of $50 and a maximum of $100. | |
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is |
| involved, a minimum of $250 and a maximum of $400. | |
(2) For each additional parcel, add a fee of a |
| minimum of $100 and a maximum of $200. | |
(bb) Collections.
(1) For all collections made of others, except the |
| State and county and except in maintenance or child support cases, a sum equal to 3.0% of the amount collected and turned over. | |
(2) Interest earned on any funds held by the clerk |
| shall be turned over to the county general fund as an earning of the office. | |
(3) For any check, draft, or other bank instrument |
| returned to the clerk for non‑sufficient funds, account closed, or payment stopped, $25. | |
(4) In child support and maintenance cases, the |
| clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex‑officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. | |
The clerk shall also be entitled to a fee of $5 for |
| certifications made to the Secretary of State as provided in Section 7‑703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. | |
(cc) Corrections of Numbers.
For correction of the case number, case title, or |
| attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, a minimum of $25 and a maximum of $40. | |
(dd) Exceptions.
(1) The fee requirements of this Section shall not |
| apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney. | |
(2) No fee provided herein shall be charged to any |
| unit of local government or school district. The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11‑31‑1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection. | |
(3) The fee requirements of this Section shall not |
| apply to the filing of any commitment petition or petition for an order authorizing the administration of psychotropic medication or electroconvulsive therapy under the Mental Health and Developmental Disabilities Code. | |
(ee) Adoption.
(1) For an adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$65
(2) Upon good cause shown, the court may waive the |
| adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services. | |
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee) |
| shall be charged to any person in connection with an adoption proceeding nor may any fee be charged for proceedings for the appointment of a confidential intermediary under the Adoption Act. | |
(gg) Unpaid fees.
Unless a court ordered payment schedule is |
| implemented or the fee requirements of this Section are waived pursuant 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 105/27.5)
(from Ch. 25, par. 27.5)
(Text of Section from P.A. 96‑286)
Sec. 27.5.
(a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk that equals an amount less than $55, except restitution under Section 5‑5‑6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 11‑501 of the Illinois Vehicle Code, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4‑2002 of the Counties Code or a sheriff under Section 4‑5001 of the Counties Code, or any cost imposed under Section 124A‑5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsection (b) shall be disbursed within 60 days after receipt by the circuit clerk as follows: 47% shall be disbursed to the entity authorized by law to receive the fine imposed in the case; 12% shall be disbursed to the State Treasurer; and 41% shall be disbursed to the county's general corporate fund. Of the 12% disbursed to the State Treasurer, 1/6 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 1/2 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall be deposited into the Drivers Education Fund. For fiscal years 1992 and 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110% limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(b) The following amounts must be remitted to the State Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
| under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; | |
(2) 20% of the amounts collected for Class A and |
| Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; and | |
(3) 50% of the amounts collected for Class C |
| misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961. | |
(c) Any person who receives a disposition of court supervision for a violation of the Illinois Vehicle Code or a similar provision of a local ordinance shall, in addition to any other fines, fees, and court costs, pay an additional fee of $20, to be disbursed as provided in Section 16‑104c of the Illinois Vehicle Code. In addition to the fee of $20, the person shall also pay a fee of $5, if not waived by the court. If this $5 fee is collected, $4.50 of the fee shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court and 50 cents of the fee shall be deposited into the Prisoner Review Board Vehicle and Equipment Fund in the State treasury.
(d) Any person convicted of, pleading guilty to, or placed on supervision for a serious traffic violation, as defined in Section 1‑187.001 of the Illinois Vehicle Code, a violation of Section 11‑501 of the Illinois Vehicle Code, or a violation of a similar provision of a local ordinance shall pay an additional fee of $20, to be disbursed as provided in Section 16‑104d of that Code.
This subsection (d) becomes inoperative 7 years after the effective date of Public Act 95‑154.
(Source: P.A. 95‑154, eff. 10‑13‑07; 95‑428, eff. 8‑24‑07; 95‑876, eff. 8‑21‑08; 96‑286, eff. 8‑11‑09.)
(Text of Section from P.A. 96‑576)
Sec. 27.5. (a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk that equals an amount less than $55, except restitution under Section 5‑5‑6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 11‑501 of the Illinois Vehicle Code, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4‑2002 of the Counties Code or a sheriff under Section 4‑5001 of the Counties Code, or any cost imposed under Section 124A‑5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsection (b) shall be disbursed within 60 days after receipt by the circuit clerk as follows: 47% shall be disbursed to the entity authorized by law to receive the fine imposed in the case; 12% shall be disbursed to the State Treasurer; and 41% shall be disbursed to the county's general corporate fund. Of the 12% disbursed to the State Treasurer, 1/6 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 1/2 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall be deposited into the Drivers Education Fund. For fiscal years 1992 and 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110% limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(b) The following amounts must be remitted to the State Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses |
| under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; | |
(2) 20% of the amounts collected for Class A and |
| Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; and | |
(3) 50% of the amounts collected for Class C |
| misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961. | |
(c) Any person who receives a disposition of court supervision for a violation of the Illinois Vehicle Code or a similar provision of a local ordinance shall, in addition to any other fines, fees, and court costs, pay an additional fee of $20, to be disbursed as provided in Section 16‑104c of the Illinois Vehicle Code. In addition to the fee of $20, the person shall also pay a fee of $5, if not waived by the court. If this $5 fee is collected, $4.50 of the fee shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court and 50 cents of the fee shall be deposited into the Prisoner Review Board Vehicle and Equipment Fund in the State treasury.
(d) Any person convicted of or pleading guilty to a serious traffic violation, as defined in Section 1‑187.001 of the Illinois Vehicle Code, shall pay an additional fee of $20, to be disbursed as provided in Section 16‑104d of that Code.
This subsection (d) becomes inoperative 7 years after the effective date of Public Act 95‑154.
(e) For any conviction or disposition of court supervision for a violation of Section 11‑1429 of the Illinois Vehicle Code, the circuit clerk shall distribute the fines paid by the person as specified by subsection (h) of Section 11‑1429 of the Illinois Vehicle Code.
(Source: P.A. 95‑154, eff. 10‑13‑07; 95‑428, eff. 8‑24‑07; 95‑876, eff. 8‑21‑08; 96‑576, eff. 8‑18‑09.)
(Text of Section from P.A. 96‑625)
Sec. 27.5. (a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk that equals an amount less than $55, except restitution under Section 5‑5‑6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 11‑501 of the Illinois Vehicle Code, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4‑2002 of the Counties Code or a sheriff under Section 4‑5001 of the Counties Code, or any cost imposed under Section 124A‑5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsection (b) shall be disbursed within 60 days after receipt by the circuit clerk as follows: 47% shall be disbursed to the entity authorized by law to receive the fine imposed in the case; 12% shall be disbursed to the State Treasurer; and 41% shall be disbursed to the county's general corporate fund. Of the 12% disbursed to the State Treasurer, 1/6 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 1/2 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall be deposited into the Drivers Education Fund. For fiscal years 1992 and 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110% limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(b) The following amounts must be remitted to the State Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses |
| under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; | |
(2) 20% of the amounts collected for Class A and |
| Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; and | |
(3) 50% of the amounts collected for Class C |
| misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961. | |
(c) Any person who receives a disposition of court supervision for a violation of the Illinois Vehicle Code or a similar provision of a local ordinance shall, in addition to any other fines, fees, and court costs, pay an additional fee of $29, to be disbursed as provided in Section 16‑104c of the Illinois Vehicle Code. In addition to the fee of $29, the person shall also pay a fee of $6, if not waived by the court. If this $6 fee is collected, $5.50 of the fee shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court and 50 cents of the fee shall be deposited into the Prisoner Review Board Vehicle and Equipment Fund in the State treasury.
(d) Any person convicted of or pleading guilty to a serious traffic violation, as defined in Section 1‑187.001 of the Illinois Vehicle Code, shall pay an additional fee of $20, to be disbursed as provided in Section 16‑104d of that Code.
This subsection (d) becomes inoperative 7 years after the effective date of Public Act 95‑154.
(Source: P.A. 95‑154, eff. 10‑13‑07; 95‑428, eff. 8‑24‑07; 95‑876, eff. 8‑21‑08; 96‑625, eff. 1‑1‑10.)
(Text of Section from P.A. 96‑667)
Sec. 27.5. (a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk that equals an amount less than $55, except restitution under Section 5‑5‑6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 11‑501 of the Illinois Vehicle Code, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4‑2002 of the Counties Code or a sheriff under Section 4‑5001 of the Counties Code, or any cost imposed under Section 124A‑5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsection (b) shall be disbursed within 60 days after receipt by the circuit clerk as follows: 47% shall be disbursed to the entity authorized by law to receive the fine imposed in the case; 12% shall be disbursed to the State Treasurer; and 41% shall be disbursed to the county's general corporate fund. Of the 12% disbursed to the State Treasurer, 1/6 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 1/2 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall be deposited into the Drivers Education Fund. For fiscal years 1992 and 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110% limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(b) The following amounts must be remitted to the State Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses |
| under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; | |
(2) 20% of the amounts collected for Class A and |
| Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; and | |
(3) 50% of the amounts collected for Class C |
| misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961. | |
(c) Any person who receives a disposition of court supervision for a violation of the Illinois Vehicle Code or a similar provision of a local ordinance shall, in addition to any other fines, fees, and court costs, pay an additional fee of $20, to be disbursed as provided in Section 16‑104c of the Illinois Vehicle Code. In addition to the fee of $20, the person shall also pay a fee of $5, if not waived by the court. If this $5 fee is collected, $4.50 of the fee shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court and 50 cents of the fee shall be deposited into the Prisoner Review Board Vehicle and Equipment Fund in the State treasury.
(d) Any person convicted of or pleading guilty to a serious traffic violation, as defined in Section 1‑187.001 of the Illinois Vehicle Code, shall pay an additional fee of $20, to be disbursed as provided in Section 16‑104d of that Code.
This subsection (d) becomes inoperative 7 years after the effective date of Public Act 95‑154.
(e) Any person who receives a disposition of court supervision for a violation of Section 11‑501 of the Illinois Vehicle Code shall, in addition to any other fines, fees, and court costs, pay an additional fee of $50, which shall be collected by the circuit clerk and then remitted to the State Treasurer for deposit into the Roadside Memorial Fund, a special fund in the State treasury. However, the court may waive the fee if full restitution is complied with. Subject to appropriation, all moneys in the Roadside Memorial Fund shall be used by the Department of Transportation to pay fees imposed under subsection (f) of Section 20 of the Roadside Memorial Act. The fee shall be remitted by the circuit clerk within one month after receipt to the State Treasurer for deposit into the Roadside Memorial Fund.
(Source: P.A. 95‑154, eff. 10‑13‑07; 95‑428, eff. 8‑24‑07; 95‑876, eff. 8‑21‑08; 96‑667, eff. 8‑25‑09.)
(Text of Section from P.A. 96‑735)
Sec. 27.5. (a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk that equals an amount less than $55, except restitution under Section 5‑5‑6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 11‑501 of the Illinois Vehicle Code, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4‑2002 of the Counties Code or a sheriff under Section 4‑5001 of the Counties Code, or any cost imposed under Section 124A‑5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsection (b) shall be disbursed within 60 days after receipt by the circuit clerk as follows: 47% shall be disbursed to the entity authorized by law to receive the fine imposed in the case; 12% shall be disbursed to the State Treasurer; and 41% shall be disbursed to the county's general corporate fund. Of the 12% disbursed to the State Treasurer, 1/6 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 1/2 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall be deposited into the Drivers Education Fund. For fiscal years 1992 and 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110% limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, Section 16‑104c of the Illinois Vehicle Code, and subsection (a) of Section 5‑1101 of the Counties Code, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. Unless a court ordered payment schedule is implemented or fee requirements are waived pursuant to a court order, the circuit clerk may add to any unpaid fees and costs 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 deposited in the Circuit Court Clerk Operation and Administrative Fund to be used to defray administrative costs incurred by the circuit clerk in performing the duties required to collect and disburse funds. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(b) The following amounts must be remitted to the State Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses |
| under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; | |
(2) 20% of the amounts collected for Class A and |
| Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; and | |
(3) 50% of the amounts collected for Class C |
| misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961. | |
(c) Any person who receives a disposition of court supervision for a violation of the Illinois Vehicle Code or a similar provision of a local ordinance shall, in addition to any other fines, fees, and court costs, pay an additional fee of $20, to be disbursed as provided in Section 16‑104c of the Illinois Vehicle Code. In addition to the fee of $20, the person shall also pay a fee of $5, if not waived by the court. If this $5 fee is collected, $4.50 of the fee shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court and 50 cents of the fee shall be deposited into the Prisoner Review Board Vehicle and Equipment Fund in the State treasury.
(d) Any person convicted of or pleading guilty to a serious traffic violation, as defined in Section 1‑187.001 of the Illinois Vehicle Code, shall pay an additional fee of $20, to be disbursed as provided in Section 16‑104d of that Code.
Subsection (d) becomes inoperative 7 years after the effective date of Public Act 95‑154.
(e) In all counties having a population of 3,000,000 or more inhabitants,
(e‑1) A person who is found guilty of or pleads guilty to violating subsection (a) of Section 11‑501 of the Illinois Vehicle Code, including any person placed on court supervision for violating subsection (a), shall be fined $500 as provided for by subsection (f) of Section 11‑501.01 of the Illinois Vehicle Code, payable to the circuit clerk, who shall distribute the money pursuant to subsection (f) of Section 11‑501.01 of the Illinois Vehicle Code.
(e‑2) When a crime laboratory DUI analysis fee of $150, provided for by Section 5‑9‑1.9 of the Unified Code of Corrections is assessed, it shall be disbursed by the circuit clerk as provided by subsection (f) of Section 5‑9‑1.9 of the Unified Code of Corrections.
(e‑3) When a fine for a violation of subsection (a) of Section 11‑605 of the Illinois Vehicle Code is $150 or greater, the additional $50 which is charged as provided for by subsection (f) of Section 11‑605 of the Illinois Vehicle Code shall be disbursed by the circuit clerk to a school district or districts for school safety purposes as provided by subsection (f) of Section 11‑605.
(e‑3.5) When a fine for a violation of subsection (a) of Section 11‑1002.5 of the Illinois Vehicle Code is $150 or greater, the additional $50 which is charged as provided for by subsection (c) of Section 11‑1002.5 of the Illinois Vehicle Code shall be disbursed by the circuit clerk to a school district or districts for school safety purposes as provided by subsection (c) of Section 11‑1002.5 of the Illinois Vehicle Code.
(e‑4) When a mandatory drug court fee of up to $5 is assessed as provided in subsection (f) of Section 5‑1101 of the Counties Code, it shall be disbursed by the circuit clerk as provided in subsection (f) of Section 5‑1101 of the Counties Code.
(e‑5) When a mandatory teen court, peer jury, youth court, or other youth diversion program fee is assessed as provided in subsection (e) of Section 5‑1101 of the Counties Code, it shall be disbursed by the circuit clerk as provided in subsection (e) of Section 5‑1101 of the Counties Code.
(e‑6) When a Children's Advocacy Center fee is assessed pursuant to subsection (f‑5) of Section 5‑1101 of the Counties Code, it shall be disbursed by the circuit clerk as provided in subsection (f‑5) of Section 5‑1101 of the Counties Code.
(e‑7) When a victim impact panel fee is assessed pursuant to subsection (b) of Section 11‑501.01 of the Vehicle Code, it shall be disbursed by the circuit clerk to the victim impact panel to be attended by the defendant.
(e‑8) When a new fee collected in traffic cases is enacted after the effective date of this amendatory Act of the 96th General Assembly, it shall be excluded from the percentage disbursement provisions of this Section unless otherwise indicated by law.
(Source: P.A. 95‑154, eff. 10‑13‑07; 95‑428, eff. 8‑24‑07; 95‑876, eff. 8‑21‑08; 96‑735, eff. 1‑1‑10.) |
(705 ILCS 105/27.6)
(Text of Section from P.A. 96‑286)
Sec. 27.6.
(a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk equalling an amount of $55 or more, except the fine imposed by Section 5‑9‑1.15 of the Unified Code of Corrections, the additional fee required by subsections (b) and (c), restitution under Section 5‑5‑6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 11‑501 of the Illinois Vehicle Code, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4‑2002 of the Counties Code or a sheriff under Section 4‑5001 of the Counties Code, or any cost imposed under Section 124A‑5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsections (d) and (g) shall be disbursed within 60 days after receipt by the circuit clerk as follows: 44.5% shall be disbursed to the entity authorized by law to receive the fine imposed in the case; 16.825% shall be disbursed to the State Treasurer; and 38.675% shall be disbursed to the county's general corporate fund. Of the 16.825% disbursed to the State Treasurer, 2/17 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 5.052/17 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall be deposited into the Drivers Education Fund, and 6.948/17 shall be deposited into the Trauma Center Fund. Of the 6.948/17 deposited into the Trauma Center Fund from the 16.825% disbursed to the State Treasurer, 50% shall be disbursed to the Department of Public Health and 50% shall be disbursed to the Department of Healthcare and Family Services. For fiscal year 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110% limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $100 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(b‑1) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $5 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed by the courts, any person convicted for a violation of Sections 24‑1.1, 24‑1.2, or 24‑1.5 of the Criminal Code of 1961 or a person sentenced for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall pay an additional fee of $100 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(c‑1) In addition to any other fines and court costs assessed by the courts, any person sentenced for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall pay an additional fee of $5 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(d) The following amounts must be remitted to the State Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
| under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; | |
(2) 20% of the amounts collected for Class A and |
| Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; and | |
(3) 50% of the amounts collected for Class C |
| misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961. | |
(e) Any person who receives a disposition of court supervision for a violation of the Illinois Vehicle Code or a similar provision of a local ordinance shall, in addition to any other fines, fees, and court costs, pay an additional fee of $20, to be disbursed as provided in Section 16‑104c of the Illinois Vehicle Code. In addition to the fee of $20, the person shall also pay a fee of $5, if not waived by the court. If this $5 fee is collected, $4.50 of the fee shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court and 50 cents of the fee shall be deposited into the Prisoner Review Board Vehicle and Equipment Fund in the State treasury.
(f) This Section does not apply to the additional child pornography fines assessed and collected under Section 5‑9‑1.14 of the Unified Code of Corrections.
(g) Of the amounts collected as fines under subsection (b) of Section 3‑712 of the Illinois Vehicle Code, 99% shall be deposited into the Illinois Military Family Relief Fund and 1% shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court to be used to offset the costs incurred by the Circuit Court Clerk in performing the additional duties required to collect and disburse funds to entities of State and local government as provided by law.
(h) Any person convicted of, pleading guilty to, or placed on supervision for a serious traffic violation, as defined in Section 1‑187.001 of the Illinois Vehicle Code, a violation of Section 11‑501 of the Illinois Vehicle Code, or a violation of a similar provision of a local ordinance shall pay an additional fee of $20, to be disbursed as provided in Section 16‑104d of that Code.
This subsection (h) becomes inoperative 7 years after the effective date of Public Act 95‑154.
(Source: P.A. 95‑191, eff. 1‑1‑08; 95‑291, eff. 1‑1‑08; 95‑428, eff. 8‑24‑07; 95‑600, eff. 6‑1‑08; 95‑876, eff. 8‑21‑08; 96‑286, eff. 8‑11‑09.)
(Text of Section from P.A. 96‑576)
Sec. 27.6. (a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk equalling an amount of $55 or more, except the fine imposed by Section 5‑9‑1.15 of the Unified Code of Corrections, the additional fee required by subsections (b) and (c), restitution under Section 5‑5‑6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 11‑501 of the Illinois Vehicle Code, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4‑2002 of the Counties Code or a sheriff under Section 4‑5001 of the Counties Code, or any cost imposed under Section 124A‑5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsections (d) and (g) shall be disbursed within 60 days after receipt by the circuit clerk as follows: 44.5% shall be disbursed to the entity authorized by law to receive the fine imposed in the case; 16.825% shall be disbursed to the State Treasurer; and 38.675% shall be disbursed to the county's general corporate fund. Of the 16.825% disbursed to the State Treasurer, 2/17 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 5.052/17 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall be deposited into the Drivers Education Fund, and 6.948/17 shall be deposited into the Trauma Center Fund. Of the 6.948/17 deposited into the Trauma Center Fund from the 16.825% disbursed to the State Treasurer, 50% shall be disbursed to the Department of Public Health and 50% shall be disbursed to the Department of Healthcare and Family Services. For fiscal year 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110% limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $100 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(b‑1) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $5 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed by the courts, any person convicted for a violation of Sections 24‑1.1, 24‑1.2, or 24‑1.5 of the Criminal Code of 1961 or a person sentenced for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall pay an additional fee of $100 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(c‑1) In addition to any other fines and court costs assessed by the courts, any person sentenced for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall pay an additional fee of $5 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(d) The following amounts must be remitted to the State Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses |
| under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; | |
(2) 20% of the amounts collected for Class A and |
| Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; and | |
(3) 50% of the amounts collected for Class C |
| misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961. | |
(e) Any person who receives a disposition of court supervision for a violation of the Illinois Vehicle Code or a similar provision of a local ordinance shall, in addition to any other fines, fees, and court costs, pay an additional fee of $20, to be disbursed as provided in Section 16‑104c of the Illinois Vehicle Code. In addition to the fee of $20, the person shall also pay a fee of $5, if not waived by the court. If this $5 fee is collected, $4.50 of the fee shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court and 50 cents of the fee shall be deposited into the Prisoner Review Board Vehicle and Equipment Fund in the State treasury.
(f) This Section does not apply to the additional child pornography fines assessed and collected under Section 5‑9‑1.14 of the Unified Code of Corrections.
(g) Of the amounts collected as fines under subsection (b) of Section 3‑712 of the Illinois Vehicle Code, 99% shall be deposited into the Illinois Military Family Relief Fund and 1% shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court to be used to offset the costs incurred by the Circuit Court Clerk in performing the additional duties required to collect and disburse funds to entities of State and local government as provided by law.
(h) For any conviction or disposition of court supervision for a violation of Section 11‑1429 of the Illinois Vehicle Code, the circuit clerk shall distribute the fines paid by the person as specified by subsection (h) of Section 11‑1429 of the Illinois Vehicle Code.
(Source: P.A. 95‑191, eff. 1‑1‑08; 95‑291, eff. 1‑1‑08; 95‑428, eff. 8‑24‑07; 95‑600, eff. 6‑1‑08; 95‑876, eff. 8‑21‑08; 96‑576, eff. 8‑18‑09.)
(Text of Section from P.A. 96‑578)
Sec. 27.6. (a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk equalling an amount of $55 or more, except the fine imposed by Section 5‑9‑1.15 of the Unified Code of Corrections, the additional fee required by subsections (b) and (c), restitution under Section 5‑5‑6 of the Unified Code of Corrections, contributions to a local anti‑crime program ordered pursuant to Section 5‑6‑3(b)(13) or Section 5‑6‑3.1(c)(13) of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 11‑501 of the Illinois Vehicle Code, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4‑2002 of the Counties Code or a sheriff under Section 4‑5001 of the Counties Code, or any cost imposed under Section 124A‑5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsections (d) and (g) shall be disbursed within 60 days after receipt by the circuit clerk as follows: 44.5% shall be disbursed to the entity authorized by law to receive the fine imposed in the case; 16.825% shall be disbursed to the State Treasurer; and 38.675% shall be disbursed to the county's general corporate fund. Of the 16.825% disbursed to the State Treasurer, 2/17 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 5.052/17 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall be deposited into the Drivers Education Fund, and 6.948/17 shall be deposited into the Trauma Center Fund. Of the 6.948/17 deposited into the Trauma Center Fund from the 16.825% disbursed to the State Treasurer, 50% shall be disbursed to the Department of Public Health and 50% shall be disbursed to the Department of Healthcare and Family Services. For fiscal year 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110% limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $100 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(b‑1) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $5 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed by the courts, any person convicted for a violation of Sections 24‑1.1, 24‑1.2, or 24‑1.5 of the Criminal Code of 1961 or a person sentenced for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall pay an additional fee of $100 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(c‑1) In addition to any other fines and court costs assessed by the courts, any person sentenced for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall pay an additional fee of $5 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(d) The following amounts must be remitted to the State Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses |
| under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; | |
(2) 20% of the amounts collected for Class A and |
| Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; and | |
(3) 50% of the amounts collected for Class C |
| misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961. | |
(e) Any person who receives a disposition of court supervision for a violation of the Illinois Vehicle Code or a similar provision of a local ordinance shall, in addition to any other fines, fees, and court costs, pay an additional fee of $20, to be disbursed as provided in Section 16‑104c of the Illinois Vehicle Code. In addition to the fee of $20, the person shall also pay a fee of $5, if not waived by the court. If this $5 fee is collected, $4.50 of the fee shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court and 50 cents of the fee shall be deposited into the Prisoner Review Board Vehicle and Equipment Fund in the State treasury.
(f) This Section does not apply to the additional child pornography fines assessed and collected under Section 5‑9‑1.14 of the Unified Code of Corrections.
(g) Of the amounts collected as fines under subsection (b) of Section 3‑712 of the Illinois Vehicle Code, 99% shall be deposited into the Illinois Military Family Relief Fund and 1% shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court to be used to offset the costs incurred by the Circuit Court Clerk in performing the additional duties required to collect and disburse funds to entities of State and local government as provided by law.
(Source: P.A. 95‑191, eff. 1‑1‑08; 95‑291, eff. 1‑1‑08; 95‑428, eff. 8‑24‑07; 95‑600, eff. 6‑1‑08; 95‑876, eff. 8‑21‑08; 96‑578, eff. 8‑18‑09.)
(Text of Section from P.A. 96‑625)
Sec. 27.6. (a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk equalling an amount of $55 or more, except the fine imposed by Section 5‑9‑1.15 of the Unified Code of Corrections, the additional fee required by subsections (b) and (c), restitution under Section 5‑5‑6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 11‑501 of the Illinois Vehicle Code, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4‑2002 of the Counties Code or a sheriff under Section 4‑5001 of the Counties Code, or any cost imposed under Section 124A‑5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsections (d) and (g) shall be disbursed within 60 days after receipt by the circuit clerk as follows: 44.5% shall be disbursed to the entity authorized by law to receive the fine imposed in the case; 16.825% shall be disbursed to the State Treasurer; and 38.675% shall be disbursed to the county's general corporate fund. Of the 16.825% disbursed to the State Treasurer, 2/17 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 5.052/17 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall be deposited into the Drivers Education Fund, and 6.948/17 shall be deposited into the Trauma Center Fund. Of the 6.948/17 deposited into the Trauma Center Fund from the 16.825% disbursed to the State Treasurer, 50% shall be disbursed to the Department of Public Health and 50% shall be disbursed to the Department of Healthcare and Family Services. For fiscal year 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110% limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $100 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(b‑1) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $5 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed by the courts, any person convicted for a violation of Sections 24‑1.1, 24‑1.2, or 24‑1.5 of the Criminal Code of 1961 or a person sentenced for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall pay an additional fee of $100 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(c‑1) In addition to any other fines and court costs assessed by the courts, any person sentenced for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall pay an additional fee of $5 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(d) The following amounts must be remitted to the State Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses |
| under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; | |
(2) 20% of the amounts collected for Class A and |
| Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; and | |
(3) 50% of the amounts collected for Class C |
| misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961. | |
(e) Any person who receives a disposition of court supervision for a violation of the Illinois Vehicle Code or a similar provision of a local ordinance shall, in addition to any other fines, fees, and court costs, pay an additional fee of $29, to be disbursed as provided in Section 16‑104c of the Illinois Vehicle Code. In addition to the fee of $29, the person shall also pay a fee of $6, if not waived by the court. If this $6 fee is collected, $5.50 of the fee shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court and 50 cents of the fee shall be deposited into the Prisoner Review Board Vehicle and Equipment Fund in the State treasury.
(f) This Section does not apply to the additional child pornography fines assessed and collected under Section 5‑9‑1.14 of the Unified Code of Corrections.
(g) Of the amounts collected as fines under subsection (b) of Section 3‑712 of the Illinois Vehicle Code, 99% shall be deposited into the Illinois Military Family Relief Fund and 1% shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court to be used to offset the costs incurred by the Circuit Court Clerk in performing the additional duties required to collect and disburse funds to entities of State and local government as provided by law.
(Source: P.A. 95‑191, eff. 1‑1‑08; 95‑291, eff. 1‑1‑08; 95‑428, eff. 8‑24‑07; 95‑600, eff. 6‑1‑08; 95‑876, eff. 8‑21‑08; 96‑625, eff. 1‑1‑10.)
(Text of Section from P.A. 96‑667)
Sec. 27.6. (a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk equalling an amount of $55 or more, except the fine imposed by Section 5‑9‑1.15 of the Unified Code of Corrections, the additional fee required by subsections (b) and (c), restitution under Section 5‑5‑6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 11‑501 of the Illinois Vehicle Code, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4‑2002 of the Counties Code or a sheriff under Section 4‑5001 of the Counties Code, or any cost imposed under Section 124A‑5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsections (d) and (g) shall be disbursed within 60 days after receipt by the circuit clerk as follows: 44.5% shall be disbursed to the entity authorized by law to receive the fine imposed in the case; 16.825% shall be disbursed to the State Treasurer; and 38.675% shall be disbursed to the county's general corporate fund. Of the 16.825% disbursed to the State Treasurer, 2/17 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 5.052/17 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall be deposited into the Drivers Education Fund, and 6.948/17 shall be deposited into the Trauma Center Fund. Of the 6.948/17 deposited into the Trauma Center Fund from the 16.825% disbursed to the State Treasurer, 50% shall be disbursed to the Department of Public Health and 50% shall be disbursed to the Department of Healthcare and Family Services. For fiscal year 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110% limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $100 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(b‑1) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $5 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed by the courts, any person convicted for a violation of Sections 24‑1.1, 24‑1.2, or 24‑1.5 of the Criminal Code of 1961 or a person sentenced for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall pay an additional fee of $100 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(c‑1) In addition to any other fines and court costs assessed by the courts, any person sentenced for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall pay an additional fee of $5 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(d) The following amounts must be remitted to the State Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses |
| under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; | |
(2) 20% of the amounts collected for Class A and |
| Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; and | |
(3) 50% of the amounts collected for Class C |
| misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961. | |
(e) Any person who receives a disposition of court supervision for a violation of the Illinois Vehicle Code or a similar provision of a local ordinance shall, in addition to any other fines, fees, and court costs, pay an additional fee of $20, to be disbursed as provided in Section 16‑104c of the Illinois Vehicle Code. In addition to the fee of $20, the person shall also pay a fee of $5, if not waived by the court. If this $5 fee is collected, $4.50 of the fee shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court and 50 cents of the fee shall be deposited into the Prisoner Review Board Vehicle and Equipment Fund in the State treasury.
(f) This Section does not apply to the additional child pornography fines assessed and collected under Section 5‑9‑1.14 of the Unified Code of Corrections.
(g) Of the amounts collected as fines under subsection (b) of Section 3‑712 of the Illinois Vehicle Code, 99% shall be deposited into the Illinois Military Family Relief Fund and 1% shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court to be used to offset the costs incurred by the Circuit Court Clerk in performing the additional duties required to collect and disburse funds to entities of State and local government as provided by law.
(h) Any person who receives a disposition of court supervision for a violation of Section 11‑501 of the Illinois Vehicle Code or a similar provision of a local ordinance shall, in addition to any other fines, fees, and court costs, pay an additional fee of $50, which shall be collected by the circuit clerk and then remitted to the State Treasurer for deposit into the Roadside Memorial Fund, a special fund in the State treasury. However, the court may waive the fee if full restitution is complied with. Subject to appropriation, all moneys in the Roadside Memorial Fund shall be used by the Department of Transportation to pay fees imposed under subsection (f) of Section 20 of the Roadside Memorial Act. The fee shall be remitted by the circuit clerk within one month after receipt to the State Treasurer for deposit into the Roadside Memorial Fund.
(Source: P.A. 95‑191, eff. 1‑1‑08; 95‑291, eff. 1‑1‑08; 95‑428, eff. 8‑24‑07; 95‑600, eff. 6‑1‑08; 95‑876, eff. 8‑21‑08; 96‑667, eff. 8‑25‑09.)
(Text of Section from P.A. 96‑735)
Sec. 27.6. (a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk equalling an amount of $55 or more, except the fine imposed by Section 5‑9‑1.15 of the Unified Code of Corrections, the additional fee required by subsections (b) and (c), restitution under Section 5‑5‑6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 11‑501 of the Illinois Vehicle Code, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4‑2002 of the Counties Code or a sheriff under Section 4‑5001 of the Counties Code, or any cost imposed under Section 124A‑5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsections (b) through (h) shall be disbursed within 60 days after receipt by the circuit clerk as follows: 44.5% shall be disbursed to the entity authorized by law to receive the fine imposed in the case; 16.825% shall be disbursed to the State Treasurer; and 38.675% shall be disbursed to the county's general corporate fund. Of the 16.825% disbursed to the State Treasurer, 2/17 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 5.052/17 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall be deposited into the Drivers Education Fund, and 6.948/17 shall be deposited into the Trauma Center Fund. Of the 6.948/17 deposited into the Trauma Center Fund from the 16.825% disbursed to the State Treasurer, 50% shall be disbursed to the Department of Public Health and 50% shall be disbursed to the Department of Healthcare and Family Services. For fiscal year 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110% limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, Section 16‑104c of the Vehicle Code, and subsection (a) of Section 5‑1101 of the Counties Code, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. Unless a court ordered payment schedule is implemented or fee requirements are waived pursuant to court order, the clerk of the court may add to any unpaid fees and costs 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 deposited in the Circuit Court Clerk Operation and Administrative Fund to be used to defray administrative costs incurred by the circuit clerk in performing the duties required to collect and disburse funds. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $100 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(b‑1) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $5 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed by the courts, any person convicted for a violation of Sections 24‑1.1, 24‑1.2, or 24‑1.5 of the Criminal Code of 1961 or a person sentenced for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall pay an additional fee of $100 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(c‑1) In addition to any other fines and court costs assessed by the courts, any person sentenced for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall pay an additional fee of $5 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund. This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(d) The following amounts must be remitted to the State Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses |
| under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; | |
(2) 20% of the amounts collected for Class A and |
| Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; and | |
(3) 50% of the amounts collected for Class C |
| misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961. | |
(e) Any person who receives a disposition of court supervision for a violation of the Illinois Vehicle Code or a similar provision of a local ordinance shall, in addition to any other fines, fees, and court costs, pay an additional fee of $20, to be disbursed as provided in Section 16‑104c of the Illinois Vehicle Code. In addition to the fee of $20, the person shall also pay a fee of $5, if not waived by the court. If this $5 fee is collected, $4.50 of the fee shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court and 50 cents of the fee shall be deposited into the Prisoner Review Board Vehicle and Equipment Fund in the State treasury.
(f) This Section does not apply to the additional child pornography fines assessed and collected under Section 5‑9‑1.14 of the Unified Code of Corrections.
(g) Any person convicted of or pleading guilty to a serious traffic violation, as defined in Section 1‑187.001 of the Illinois Vehicle Code, shall pay an additional fee of $20, to be disbursed as provided in Section 16‑104d of that Code. This subsection (g) becomes inoperative 7 years after the effective date of Public Act 95‑154.
(h) In all counties having a population of 3,000,000 or more inhabitants,
(h‑1) A person who is found guilty of or pleads guilty to violating subsection (a) of Section 11‑501 of the Illinois Vehicle Code, including any person placed on court supervision for violating subsection (a), shall be fined $500 as provided for by subsection (f) of Section 11‑501.01 of the Illinois Vehicle Code, payable to the circuit clerk, who shall distribute the money pursuant to subsection (f) of Section 11‑501.01 of the Illinois Vehicle Code.
(h‑2) When a crime laboratory DUI analysis fee of $150, provided for by Section 5‑9‑1.9 of the Unified Code of Corrections is assessed, it shall be disbursed by the circuit clerk as provided by subsection (f) of Section 5‑9‑1.9 of the Unified Code of Corrections.
(h‑3) When a fine for a violation of Section 11‑605.1 of the Illinois Vehicle Code is $250 or greater, the person who violated that Section shall be charged an additional $125 as provided for by subsection (e) of Section 11‑605.1 of the Illinois Vehicle Code, which shall be disbursed by the circuit clerk to a State or county Transportation Safety Highway Hire‑back Fund as provided by subsection (e) of Section 11‑605.1 of the Illinois Vehicle Code.
(h‑4) When a fine for a violation of subsection (a) of Section 11‑605 of the Illinois Vehicle Code is $150 or greater, the additional $50 which is charged as provided for by subsection (f) of Section 11‑605 of the Illinois Vehicle Code shall be disbursed by the circuit clerk to a school district or districts for school safety purposes as provided by subsection (f) of Section 11‑605.
(h‑4.5) When a fine for a violation of subsection (a) of Section 11‑1002.5 of the Illinois Vehicle Code is $150 or greater, the additional $50 which is charged as provided for by subsection (c) of Section 11‑1002.5 of the Illinois Vehicle Code shall be disbursed by the circuit clerk to a school district or districts for school safety purposes as provided by subsection (c) of Section 11‑1002.5 of the Illinois Vehicle Code.
(h‑5) When a mandatory drug court fee of up to $5 is assessed as provided in subsection (f) of Section 5‑1101 of the Counties Code, it shall be disbursed by the circuit clerk as provided in subsection (f) of Section 5‑1101 of the Counties Code.
(h‑6) When a mandatory teen court, peer jury, youth court, or other youth diversion program fee is assessed as provided in subsection (e) of Section 5‑1101 of the Counties Code, it shall be disbursed by the circuit clerk as provided in subsection (e) of Section 5‑1101 of the Counties Code.
(h‑7) When a Children's Advocacy Center fee is assessed pursuant to subsection (f‑5) of Section 5‑1101 of the Counties Code, it shall be disbursed by the circuit clerk as provided in subsection (f‑5) of Section 5‑1101 of the Counties Code.
(h‑8) When a victim impact panel fee is assessed pursuant to subsection (b) of Section 11‑501.01 of the Vehicle Code, it shall be disbursed by the circuit clerk to the victim impact panel to be attended by the defendant.
(h‑9) When a new fee collected in traffic cases is enacted after the effective date of this subsection (h), it shall be excluded from the percentage disbursement provisions of this Section unless otherwise indicated by law.
(g) Of the amounts collected as fines under subsection (b) of Section 3‑712 of the Illinois Vehicle Code, 99% shall be deposited into the Illinois Military Family Relief Fund and 1% shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court to be used to offset the costs incurred by the Circuit Court Clerk in performing the additional duties required to collect and disburse funds to entities of State and local government as provided by law.
(Source: P.A. 95‑191, eff. 1‑1‑08; 95‑291, eff. 1‑1‑08; 95‑428, eff. 8‑24‑07; 95‑600, eff. 6‑1‑08; 95‑876, eff. 8‑21‑08; 96‑735, eff. 1‑1‑10.) |