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Public Act 098-0606 Public Act 0606 98TH GENERAL ASSEMBLY |
Public Act 098-0606 | HB2327 Enrolled | LRB098 08368 HEP 38473 b |
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| AN ACT concerning courts.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Clerks of Courts Act is amended by changing | Sections 27.3a and 27.3c as follows:
| (705 ILCS 105/27.3a)
| Sec. 27.3a. Fees for automated record keeping, probation | and court services operations, and State and Conservation | Police operations.
| 1. The expense of establishing and maintaining automated | record
keeping systems in the offices of the clerks of the | circuit court shall
be borne by the county. To defray such | expense in any county having
established such an automated | system or which elects to establish such a
system, the county | board may require the clerk of the circuit court in
their | county to charge and collect a court automation fee of not less | than
$1 nor more than $25 $15 to be charged and collected by | the clerk of the court.
Such fee shall be paid at the time of | filing the first pleading, paper or
other appearance filed by | each party in all civil cases or by the defendant
in any | felony, traffic, misdemeanor, municipal ordinance, or | conservation
case upon a judgment of guilty or grant of | supervision, provided that
the record keeping system which |
| processes the case
category for which the fee is charged is | automated or has been approved for
automation by the county | board, and provided further that no additional fee
shall be | required if more than one party is presented in a single | pleading,
paper or other appearance. Such fee shall be | collected in the manner in
which all other fees or costs are | collected.
| 1.1. Starting on July 6, 2012 (the effective date of Public | Act 97-761) and pursuant to an administrative order from the | chief judge of the circuit or the presiding judge of the county | authorizing such collection, a clerk of the circuit court in | any county that imposes a fee pursuant to subsection 1 of this | Section shall also charge and collect an additional $10 | operations fee for probation and court services department | operations. | This additional fee shall be paid by the defendant in any | felony, traffic, misdemeanor, local ordinance, or conservation | case upon a judgment of guilty or grant of supervision, except | such $10 operations fee shall not be charged and collected in | cases governed by Supreme Court Rule 529 in which the bail | amount is $120 or less. | 1.2. With respect to the fee imposed and collected under | subsection 1.1 of this Section, each clerk shall transfer all | fees monthly to the county treasurer for deposit into the | probation and court services fund created under Section 15.1 of | the Probation and Probation Officers Act, and such monies shall |
| be disbursed from the fund only at the direction of the chief | judge of the circuit or another judge designated by the Chief | Circuit Judge in accordance with the policies and guidelines | approved by the Supreme Court. | 1.5. Starting on the effective date of this amendatory Act | of the 96th General Assembly, a clerk of the circuit court in | any county that imposes a fee pursuant to subsection 1 of this | Section, shall charge and collect an additional fee of not less | than $1 nor more than $15 in an amount equal to the amount of | the fee imposed pursuant to subsection 1 of this Section . This | additional fee shall be paid by the defendant in any felony, | traffic, misdemeanor, or local ordinance case upon a judgment | of guilty or grant of supervision. This fee shall not be paid | by the defendant for any conservation violation listed in | subsection 1.6 of this Section. | 1.6. Starting on July 1, 2012 (the effective date of Public | Act 97-46), a clerk of the circuit court in any county that | imposes a fee pursuant to subsection 1 of this Section shall | charge and collect an additional fee of not less than $1 nor | more than $15 in an amount equal to the amount of the fee | imposed pursuant to subsection 1 of this Section . This | additional fee shall be paid by the defendant upon a judgment | of guilty or grant of supervision for a conservation violation | under the State Parks Act, the Recreational Trails of Illinois | Act, the Illinois Explosives Act, the Timber Buyers Licensing | Act, the Forest Products Transportation Act, the Firearm Owners |
| Identification Card Act, the Environmental Protection Act, the | Fish and Aquatic Life Code, the Wildlife Code, the Cave | Protection Act, the Illinois Exotic Weed Act, the Illinois | Forestry Development Act, the Ginseng Harvesting Act, the | Illinois Lake Management Program Act, the Illinois Natural | Areas Preservation Act, the Illinois Open Land Trust Act, the | Open Space Lands Acquisition and Development Act, the Illinois | Prescribed Burning Act, the State Forest Act, the Water Use Act | of 1983, the Illinois Veteran, Youth, and Young Adult | Conservation Jobs Act, the Snowmobile Registration and Safety | Act, the Boat Registration and Safety Act, the Illinois | Dangerous Animals Act, the Hunter and Fishermen Interference | Prohibition Act, the Wrongful Tree Cutting Act, or Section | 11-1426.1, 11-1426.2, 11-1427, 11-1427.1, 11-1427.2, | 11-1427.3, 11-1427.4, or 11-1427.5 of the Illinois Vehicle | Code, or Section 48-3 or 48-10 of the Criminal Code of 2012. | 2. With respect to the fee imposed under subsection 1 of | this Section, each clerk shall commence such charges and | collections upon receipt
of written notice from the chairman of | the county board together with a
certified copy of the board's | resolution, which the clerk shall file of
record in his office.
| 3. With respect to the fee imposed under subsection 1 of | this Section, such fees shall be in addition to all other fees | and charges of such
clerks, and assessable as costs, and may be | waived only if the judge
specifically provides for the waiver | of the court automation fee. The
fees shall be remitted monthly |
| by such clerk to the county treasurer, to be
retained by him in | a special fund designated as the court automation fund.
The | fund shall be audited by the county auditor, and the board | shall make
expenditure from the fund in payment of any cost | related to the automation
of court records, including hardware, | software, research and development
costs and personnel related | thereto, provided that the expenditure is
approved by the clerk | of the court and by the chief judge of the circuit
court or his | designate.
| 4. With respect to the fee imposed under subsection 1 of | this Section, such fees shall not be charged in any matter | coming to any such clerk
on change of venue, nor in any | proceeding to review the decision of any
administrative | officer, agency or body.
| 5. With respect to the additional fee imposed under | subsection 1.5 of this Section, the fee shall be remitted by | the circuit clerk to the State Treasurer within one month after | receipt for deposit into the State Police Operations Assistance | Fund. | 6. With respect to the additional fees imposed under | subsection 1.5 of this Section, the Director of State Police | may direct the use of these fees for homeland security purposes | by transferring these fees on a quarterly basis from the State | Police Operations Assistance Fund into the Illinois Law | Enforcement Alarm Systems (ILEAS) Fund for homeland security | initiatives programs. The transferred fees shall be allocated, |
| subject to the approval of the ILEAS Executive Board, as | follows: (i) 66.6% shall be used for homeland security | initiatives and (ii) 33.3% shall be used for airborne | operations. The ILEAS Executive Board shall annually supply the | Director of State Police with a report of the use of these | fees. | 7. With respect to the additional fee imposed under | subsection 1.6 of this Section, the fee shall be remitted by | the circuit clerk to the State Treasurer within one month after | receipt for deposit into the Conservation Police Operations | Assistance Fund. | (Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12; | 97-453, eff. 8-19-11; 97-738, eff. 7-5-12; 97-761, eff. 7-6-12; | 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1150, eff. | 1-25-13.)
| (705 ILCS 105/27.3c) (from Ch. 25, par. 27.3c)
| Sec. 27.3c. Document storage system.
| (a) The expense of establishing and maintaining a document | storage
system in the offices of the circuit court clerks in | the several counties
of this State shall be borne by the | county. To defray the expense in any
county that elects to | establish a document storage system and convert the
records of | the circuit court clerk to electronic or micrographic storage,
| the county board may require the clerk of the circuit court in | its county
to collect a court document fee of not less than $1 |
| nor more than $25 $15 , to
be charged and collected by the clerk | of the court. The fee shall be paid
at the time of filing the | first pleading, paper, or other appearance filed
by each party | in all civil cases or by the defendant in any felony,
| misdemeanor, traffic, ordinance, or conservation matter on a | judgment of
guilty or grant of supervision, provided that the | document storage system
is in place or has been authorized by | the county board and further that no
additional fee shall be | required if more than one party is presented in a
single | pleading, paper, or other appearance. The fee shall
be | collected in the manner in which all other fees or costs are
| collected.
| (b) Each clerk shall commence charges and collections of a | court
document fee upon receipt of written notice from the | chairman of
the county board together with a certified copy of | the board's resolution,
which the clerk shall file of record in | his or her office.
| (c) Court document fees shall be in addition to other fees | and charges
of the clerk, shall be assessable as costs, and may | be waived only if the
judge specifically provides for the | waiver of the court document storage
fee. The fees shall be | remitted monthly
by the clerk to the county treasurer, to be | retained by the treasurer in a
special fund designated as the | Court Document Storage Fund. The fund shall
be audited by the | county auditor, and the board shall make expenditures
from the | fund in payment of any costs relative to the storage of court |
| records,
including hardware, software, research and | development costs, and related
personnel, provided that the | expenditure is approved by the clerk of the
circuit court.
| (d) A court document fee shall not be charged in any matter | coming to
the clerk on change of venue or in any proceeding to | review the
decision of any administrative officer, agency, or | body.
| (Source: P.A. 94-596, eff. 1-1-06.)
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Effective Date: 6/1/2014
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