title
PROPOSED ORDINANCE AMENDMENT
ESTABLISHING CIVIL FEES AND CRIMINAL AND TRAFFIC ASSESSMENTS TO BE COLLECTED BY THE CLERK OF THE CIRCUIT COURT COOK COUNTY
BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 18 Courts, Article II, Sec. 18-31 and Sect 18-43 of the Cook County Code are hereby amended;
WHEREAS, Chapter 18 Courts, Article II, of the Cook County Code of Ordinances, sets forth the fees authorized by the Cook County Board of Commissioners to be assessed in civil and criminal cases in Cook County; and
WHEREAS, Public Acts 100-987, 100-1161, and 100-994, commonly and collectively known as the Criminal and Traffic Assessment Act, were approved by the 100th General Assembly of the Illinois State Legislature and signed into law by the Governor of the State of Illinois.
WHEREAS, The Criminal and Traffic Assessment Act represents a complete restructuring of the criminal, traffic and civil fees in the circuit courts throughout the State of Illinois; the purpose of the legislation was to consolidate fees into unified schedules throughout the State of Illinois,
WHEREAS, effective July 1, 2019, Section 27.1b of the Clerks of Courts Act, 705 ILCS 105/27.1b, establishes the fees to be assessed in all counties in the State of Illinois by the Clerks of the Circuit Courts for the filing of pleadings and for other services provided by the Clerks of Courts in civil cases; and
WHEREAS, Section 27.1b of the Clerks of Courts Act creates four schedules for civil filing fees, creates three schedules for civil appearance fees, and establishes various other fees that Clerks of the Circuit Courts are authorized to assess in civil cases; and
WHEREAS, Section 27.1b provides that, unless otherwise specified, the amount of the fees shall be determined by ordinance or resolution of the county board and remitted to the county Treasurer to be used for purposes related to the operation of the court system in the county; and WHEREAS, effective July 1, 2019, the Criminal and Traffic Assessment Act, 705 ILCS 135 et seq., establishes minimum fines and assessments to be charged in criminal and traffic cases by the Clerks of the Circuit Courts in all counties in the State of Illinois; and
WHEREAS, Sections 15-5 through 15-65 of the Criminal and Traffic Assessment Act establish thirteen (13) assessment schedules for criminal, traffic, conservation and non-traffic offenses, and for each schedule the County’s portion of the assessment is specifically listed; and
WHEREAS, Sections 15-5 through 15-65 direct the disbursement of assessment amounts to specific County Funds, if those Funds are in existence; otherwise, pursuant to Sections 15-5 through 15-65 of the Act, the amounts designated for Funds that are not in existence shall be placed in the County’s General Fund for purposes related to operation of the court system in the County.
BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 18 Courts, Article II, Sec. 18-31 and Sect 18-43 of the Cook County Code are hereby amended as follows:
Sec. 18-31. - Statutory fees and assessments.
Sec. 18-43. - Special rRevenue Funds. for the collection and disbursement of fees.
BE IT ORDAINED by the County Board for the County of Cook, Illinois, that Chapter 18 Courts, Article II, Sec. 18-32-38 and Sec. 18-40-42 and Sec. 18-44 of the Cook County Code are hereby repealed as follows:
Sec. 18-32. - Court security services fee. (Repealed 55 ILCS 5/5-1103)
Sec. 18-33. - Court automation fee imposed. (Repealed 705 ILCS 105/27.3a)
Sec. 18-34. - Court Clerk document storage fee. (Repealed 705 ILCS 105/27.3c)
Sec. 18-35. - Court system. A court system fee as set out in Section 32-1 shall be: (Repealed 55 ILCS 5/5-1101)
Sec. 18-36. - Fee to finance Mental Health Court. (Repealed 55 ILCS 5/5-1101)
Sec. 18-37. - Fee to finance Peer or Teen Court. (Repealed 55ILCS 5/5-1101)
Sec. 18-38. - Drug court fee. (Repealed 55 ILCS 5/5-1101)
Sec. 18-40. - Peer Court Special Revenue Fund. (Repealed 55 ILCS 5/5-1101)
Sec. 18-41. - Children's Advocacy Center fee. (Repealed 55 ILCS 5/5-1101)
Sec. 18-42. - Children's Waiting Room fee. (Repealed 705 ILCS 105/27.7)
Sec. 18-44. - Circuit Court Clerk electronic citation fee. (Repealed 705 ILCS 105/27.3e)
BE IT FURTHER ORDAINED by the County Board for the County of Cook, Illinois, that Chapter 18 Courts, Article II, Sec. 18-45 through Sec. 18-47 of the Cook County Code are hereby enacted.
Sec. 18 - 45. Civil Fees and Criminal Assessments.
Sec. 18 -46. Civil Fees and Assessments.
Sec. 18 - 47. Criminal Assessments.
BE IT ORDAINED by the County Board for the County of Cook, Illinois, that Chapter 32, Fees, Sec. 32-1 of the Cook County Code is hereby amended as follows:
Sec. 32-1. - Fee schedule.
The fees or charges provided for or required by the below-listed sections shall be as shown below:
Code Section Description Fees, Rates,
Charges
(in dollars)
CHAPTER 18, COURTS
18-32(c) Court services fees: 25.00
18-32(c)(1) Criminal, local ordinance, County
ordinance, major traffic, criminal
domestic violence and conservation
cases 15.00
18-32(c)(2) Enumerated offenses 15.00
Other traffic offenses 5.00
18-33(b)(1) Court automation fee 25.00
18-34 Document storage fee 25.00
18-35 Court system fee imposed on traffic violations:
18-35(a) Court system fee: Violation of
625 ILCS 5/1-100 et seq. or similar
County or municipal ordinance 5.00
Court system fee: First violation of
625 ILCS 5/11-501 (driving while under
the influence of alcohol, other drug
or drugs, intoxicating compound or
compounds or any combination
thereof), or a County or municipal
provision 30.00
18-35(b) Court system fee: Second or
subsequent violation of
625 ILCS 5/11-501 (driving while
under the influence of alcohol, other
drug or drugs, intoxicating compound
or compounds or any combination
thereof), or a County or municipal
provision 100.00
18-35(c) Court system fee, to be paid upon a
judgment of guilty or grant of
supervision under 730 ILCS 5/5-9-1
(Unified Code of Corrections):
For a felony 50.00
For a Class A misdemeanor 25.00
For a Class B or Class C misdemeanor 15.00
For a petty offense 10.00
For a business offense 10.00
18-41 Children's Advocacy Center fee 30.00
18-42 Children's Waiting Room fee 10.00
18-44 Electronic Citation Fund fee 5.00
18-46 Fees for Filing a Complaint, Petition or
other Pleading initiating a Civil Action
18-46(b) SCHEDULE 1 366.00
18-46(b) SCHEDULE 2 357.00
18-46(b) SCHEDULE 3 265.00
18-46(b) SCHEDULE 4 0.00
18-46(c) Fees for Filing an Appearance in a Civil
Action
18-46(c) SCHEDULE 1 230.00
18-46(c) SCHEDULE 2 130.00
18-46(c) SCHEDULE 3 0.00
18-46(e) Miscellaneous Fees
18-46(e) Alias Summons or Citation 6.00
18-46(e) Jury Services, as described in
705 ILCS 105/27.1(b) 212.50
18-46(e) Change of Venue, as described in
705 ILCS 105/27.1(b) 40.00
18-46(e) Petition to Vacate or Modify
18-46(e) Any Judgement or Order
18-46(e) If filed within 30 days 60.00
18-46(e) (Local governments or school districts) 50.00
18-46(e) If filed after 30 days 75.00
18-46(e) Motion to vacate or amend ex parte
judgment or failure to appear notices
sent to the Secretary of State 40.00
18-46(e) Appeals Preparation
18-46(e) Record contains 100 pages or less 70.00
18-46(e) Record contains between 100 and 200 Pages 100.00
18-46(e) Record contains 200 or more pages
18-46(e) Additional fee, per page 0.25
18-46(e) Garnishments, Wage Deductions and
Citation Proceedings
18-46(e) If amount in controversy is less than $1,000 35.00
18-46(e) (Local governments or school districts) 15.00
18-46(e) If amount in controversy is between $1,000
and not more than $5,000 45.00
18-46(e) (Local governments or school districts) 30.00
18-46(e) If amount in controversy is greater than
$5,000 65.00
18-46(e) (Local governments or school districts) 50.00
18-46(e) Debt Collection
18-46(e) Amount in controversy less than $1,000 35.00
18-46(e) Amount in controversy is between $1,000
and not more than $5,000 45.00
18-46(e) Amount in controversy is greater than
$5,000 65.00
18-46(e) Collections
18-46(e) Child Support and Maintenance, annually 36.00
18-46(e) Certifications made to Secretary of State,
pursuant to Section 7-703 of the Illinois
Vehicle Code 5.00
18-46(e) Mailing
Mailing, plus the cost of postage 10.00
18-46(e) Certified copy of a judgement, after the
first copy 10.00
18-46(e) Certification, authentication, and reproduction
18-46(e) Certification or authentication for taking
acknowledgement of a deed or other instrument
in writing with the seal of office 6.00
18-46(e) Reproduction of any document contained in
in the Clerk’s files
18-46(e) First Page 2.00
18-46(e) Per page for next 19 pages 0.50
18-46(e) Per page, additional pages 0.25
18-46(e) Record Search
18-46(e) For each year searched 6.00
18-46(e) Hard Copy
18-46(e) Each page of output, when case records are
Maintained on an automated medium 10.00
18-46(e) (Local governments or school districts) 6.00
18-46(e) Performing a marriage in court 10.00
18-46(e) Voluntary Assignment
18-46(e) Filing each deed of voluntary assignment 20.00
18-46(e) Recording a deed of voluntary assignment
18-46(e) For each 100 words 0.50
18-46(e) Expungement petition
18-46(e) Filing, per petition 60.00
18-46(e) Certified copy of an order to expunge arrest
records 4.00
18-46(e) Probate filings
18-46(e) Each account filed in the estate of decedent
or ward 25.00
18-46(e) Filing a claim in an estate
18-46(e) Claim is greater than $150 not more than $500 40.00
18-46(e) Claim is greater than $500 not more than
$10,000 55.00
18-46(e) Claim is greater than $10,000 75.00
18-46(e) Claim, petition or supplemental petition
for equitable relief as described
in 705 ILCS 105/27.1(b) 60.00
18-46(e) Jury demand 137.50
18-46(e) Certified copy of letters of office, court
orders, or other certifications
18-46(e) Per page 2.00
18-46(e) Exemplification
18-46(e) Exemplification plus fee for certification 2.00
18-46(e) Correction of case number, case title,
as described in 705 ILCS105/27.1(b) 25.00
18-46(e) Check, draft, or bank instrument NSF,
account closed, or stopped payment 25.00
18-47 Criminal Assessments
18-47(A) SCHEDULE 1 549.00
18-47(A) SCHEDULE 2 1,709.00
18-47(A) SCHEDULE 3 2215.00
18-47(A) SCHEDULE 4 1314.00
18-47(A) SCHEDULE 5 439.00
18-47(A) SCHEDULE 6 1381.00
18-47(A) SCHEDULE 7 905.00
18-47(A) SCHEDULE 8 1184.00
18-47(A) SCHEDULE 9 325.00
Additional assessment 37.00
18-47(A) SCHEDULE 10 226.00
Additional assessment 37.00
18-47(A) SCHEDULE 10.5 260.00
18-47(A) SCHEDULE 11 195.00
18-47(A) SCHEDULE 12 164.00
18-47(A) SCHEDULE 13 100.00
Effective date: This ordinance shall be in effect on July 1, 2019
Full text of this Ordinance Amendment can be found here: <https://tinyurl.com/y5mjmxhs>
end