Stephenson County, IL Chapter 228 Civil Fees and Criminal Assessments

[HISTORY: Adopted by the County Board of Stephenson County 4-18-2019 by Ord. No. 19-04-2044. Amendments noted where applicable.]

§ 228-1 Statutory requirements.

Civil fees and criminal assessments shall meet the requirements of Section 27.1b of the Clerks of Courts Act, 705 ILCS 105/27.1b, and the Criminal and Traffic Assessment Act, 705 ILCS 105/135 et seq.

§ 228-2 Civil fees.

A. Fees in civil matters shall be assessed and distributed as set forth herein, in compliance with Section 27.1b of the Clerks of Courts Act, 705 ILCS 105/27.1b.

B. The fees for filing a complaint, petition or other pleading initiating a civil action shall be as set forth in the schedules below in accordance with case categories established by the Illinois Supreme Court:

(1) SCHEDULE 1: $306 to be divided as follows:

(a) $45 to be retained by the Clerk of the Circuit Court and deposited as follows:

[1] Court Automation Fund: $20.

[2] Court Document Storage Fund: $20.

[3] Circuit Court Clerk Operation and Administrative Fund: $5.

(b) $11 to be remitted to the State Treasurer and deposited as follows:

[1] Access to Justice Fund: $2.

[2] Supreme Court Special Purposes Fund: $9.

(c) $250 to be remitted to the County Treasurer and deposited as follows:

[1] Circuit Clerk filing cost: $100.

[2] Court Fund: $80.

[3] Judicial Security Fund: $50.

[4] Law Library Fund: $20.

(2) Schedule 2: $256 to be divided as follows:

(a) $45 to be retained by the Clerk of the Circuit Court and deposited as follows:

[1] Court Automation Fund: $20.

[2] Court Document Storage Fund: $20.

[3] Circuit Court Clerk Operation and Administrative Fund: $5.

(b) $11 to be remitted to the State Treasurer and distributed as follows:

[1] Access to Justice Fund: $2.

[2] Supreme Court Special Purposes Fund: $9.

(c) $200 to be remitted to the County Treasurer and distributed as follows:

[1] Circuit Clerk filing cost: $75.

[2] Court Fund: $55.

[3] Judicial Security Fund: $50.

[4] Law Library Fund: $20.

(3) Schedule 3: $89 to be divided as follows:

(a) $22 to be retained by the Clerk of the Circuit Court and deposited as follows:

[1] Court Automation Fund: $10.

[2] Court Document Storage Fund: $10.

[3] Circuit Court Clerk Operation And Administrative Fund: $2.

(b) $11 to be remitted to the State Treasurer and distributed as follows:

[1] Access to Justice Fund: $2.

[2] Supreme Court Special Purposes Fund: $9.

(c) $56 to be remitted to the County Treasurer and distributed as follows:

[1] Circuit Clerk filing cost: $23.

[2] Court Fund: $13.

[3] Judicial Security Fund: $10.

[4] Law Library Fund: $10.

(4) Schedule 4: $0.

C. The fees for filing an appearance in a civil action shall be as set forth in the schedules below in accordance with case categories established by the Illinois Supreme Court:

(1) Schedule 1: $181 to be divided as follows:

(a) $45 to be retained by the Clerk of the Circuit Court and distributed as follows:

[1] Court Automation Fund: $20.

[2] Court Document Storage Fund: $20.

[3] Circuit Court Clerk Operation and Administrative Fund: $5.

(b) $11 to be remitted to the State Treasurer and distributed as follows:

[1] Access to Justice Fund: $2.

[2] Supreme Court Special Purposes Fund: $9.

(c) $125 to be remitted to the County Treasurer and distributed as follows:

[1] Circuit Clerk filing cost: $50.

[2] Court Fund: $30.

[3] Judicial Security Fund: $25.

[4] Law Library Fund: $20.

(2) Schedule 2: $109 to be divided as follows:

(a) $10 to be retained by the Clerk of the Circuit Court and distributed as follows:

[1] Court Automation Fund: $4.

[2] Court Document Storage Fund: $4.

[3] Circuit Court Clerk Operation and Administrative Fund: $2.

(b) $9 to be remitted to the State Treasurer and distributed as follows:

[1] Supreme Court Special Purposes Fund: $9.

(c) $90 to be remitted to the County Treasurer and distributed as follows:

[1] Circuit Clerk filing cost: $35.

[2] Court Fund: $25.

[3] Judicial Security Fund: $20.

[4] Law Library Fund: $10.

(3) Schedule 3: $0.

D. Except as otherwise specifically provided, the following miscellaneous fees are to be deposited in the County General Fund to be used for purposes related to the operation of the court system in the County:

(1) Alias summons or citation: $5.

(2) Jury services: $212.50.

(3) Change of venue: $40.

(4) Petition to vacate or modify:

(a) If filed within 30 days: $40.

(b) If filed after 30 days: $40.

(c) Notice sent to Secretary of State: $40.

(5) Appeals preparation:

(a) If record is 100 pages or less: $50.

(b) If record is between 100 and 200 pages: $100

(c) If record is 200 pages or more: Additional fee of $0.25 per page.

(6) Garnishment, wage deduction, and citation proceedings:

(a) Amount in controversy $1,000 or less: $15.

(b) Amount in controversy greater than $1,000 and not more than $5,000: $15.

(c) Amount in controversy greater than $5,000: $15.

(7) Collections: In child support and maintenance cases: $36 annually to be deposited in the Child Support Maintenance Fund.

(8) Mailing: $10 plus the cost of postage.

(9) For each certified copy of a judgment, following the first copy: $10.

(10) Certification, authentication, and reproduction:

(a) Each certification or authentication for taking acknowledgement of a deed or other instrument in writing with the seal of office: $6.

(b) Reproduction of any document contained in the Clerk's files:

[1] $2 for the first page.

[2] $0.50 per page for the next 19 pages.

[3] $0.25 per page for all additional pages.

(11) For each record search, within a division or municipal district: $6 for each year searched.

(12) For each page of hard copy print output, when case records are maintained on an automated medium: $6.

(13) Performing a marriage in court: $10.

(14) For filing each deed of voluntary assignment: $20; for recording a deed of voluntary assignment: $0.50 for each 100 words.

(15) Expungement petition: $60 and an additional fee of $4 for each certified copy of an order to expunge arrest records.

(16) Probate filings:

(a) For each account (other than one final account) filed in the estate of a decedent or ward: $25.

(b) Filing a claim:

[1] Amount claimed greater than $150 and not more than $500: $25.

[2] Amount claimed greater than $500 and not more than $10,000: $25.

[3] Amount claimed greater than $10,000: $25.

(c) For filing a claim, petition, or supplemental proceeding based upon an action seeking equitable relief: $60.

(d) For a jury demand: $137.50.

(e) For each certified copy of letters of office, of court orders or other certifications: $2 per page.

(f) For each exemplification: $2 plus the fee for certification.

(17) 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: $25.

§ 228-3 Criminal assessments.

A. Assessments shall be imposed in criminal, traffic, conservation and nontraffic matters in accordance with the schedules set forth in the Criminal and Traffic Assessment Act, 705 ILCS 135/1-5 et seq., and shall be distributed as set forth herein.

B. Schedules:

(1) Schedule 1: Generic Felony Offenses.

(a) The Clerk shall collect $549 and remit as follows:

[1] $354 to the County Treasurer who shall deposit the money as follows:

[a] $20 to the Court Automation Fund.

[b] $20 to the Court Document Storage Fund.

[c] $5 to the Circuit Court Clerk Operation and Administrative Fund.

[d] $265 to the County General Fund to be distributed as follows:

[i] Circuit Clerk filing cost: $110.

[ii] State's Attorney Fund: $40.

[iii] Judicial Security Fund: $50.

[iv] Court Fund: $50.

[v] Youth Diversion Fund: $5.

[vi] Drug Court Fund: $10.

[e] $2 to the State's Attorney Records Automation Fund.

[f] $2 to the Public Defender Records Automation Fund.

[g] $20 to the County Jail Medical Costs Fund.

[h] $20 to the Probation and Court Services Fund.

[2] $195 to the State Treasurer.

(2) Schedule 2: Felony DUI Offenses.

(a) The Clerk shall collect $1,709 and remit as follows:

[1] $399 to the County Treasurer who shall deposit the money as follows:

[a] $20 to the Court Automation Fund.

[b] $20 to the Court Document Storage Fund.

[c] $5 to the Circuit Court Clerk Operation and Administrative Fund.

[d] $310 to the County General Fund to be distributed as follows:

[2] Circuit Clerk filing cost: $145.

[3] State's Attorney Fund: $50.

[4] Judicial Security Fund: $50.

[5] Court Fund: $50.

[6] Youth Diversion Fund: $5.

[7] Drug Court Fund: $10.

[a] $2 to the State's Attorney Records Automation Fund.

[b] $2 to the Public Defender Records Automation Fund.

[c] $20 to the County Jail Medical Costs Fund.

[d] $20 to the Probation and Court Services Fund.

[8] $1,110 to the State Treasurer.

[9] $200 to the treasurer of the unit of local government of the arresting agency.

(3) Schedule 3: Felony Drug Offenses.

(a) The Clerk shall collect $2,215 and remit as follows:

[1] $354 to the County Treasurer who shall deposit the money as follows:

[a] $20 to the Court Automation Fund.

[b] $20 to the Court Document Storage Fund.

[c] $5 to the Circuit Court Clerk Operation and Administrative Fund.

[d] $265 to the County General Fund to be distributed as follows:

[i] Circuit Clerk filing cost: $125.

[ii] State's Attorney Fund: $40.

[iii] Judicial Security Fund: $25.

[iv] Court Fund: $60.

[v] Youth Diversion Fund: $5.

[vi] Drug Court Fund: $10.

[e] $2 to the State's Attorney Records Automation Fund.

[f] $2 to the Public Defender Records Automation Fund.

[g] $20 to the County Jail Medical Costs Fund.

[h] $20 to the Probation and Court Services Fund.

[2] $1,861 to the State Treasurer.

(4) Schedule 4: Felony Sex Offenses.

(a) The Clerk shall collect $1,314 and remit as follows:

[1] $354 to the County Treasurer who shall deposit the money as follows:

[a] $20 to the Court Automation Fund.

[b] $20 to the Court Document Storage Fund.

[c] $5 to the Circuit Court Clerk Operation and Administrative Fund.

[d] $265 to the County General Fund to be distributed as follows:

[i] Circuit Clerk filing cost: $125.

[ii] State's Attorney Fund: $40.

[iii] Judicial Security Fund: $25.

[iv] Court Fund: $60.

[v] Youth Diversion Fund: $5.

[vi] Drug Court Fund: $10.

[e] $2 to the State's Attorney Records Automation Fund.

[f] $2 to the Public Defender Records Automation Fund.

[g] $20 to the County Jail Medical Costs Fund.

[h] $20 to the Probation and Court Services Fund.

[2] $960 to the State Treasurer.

(5) Schedule 5: Generic Misdemeanor Offenses.

(a) The Clerk shall collect $439 and remit as follows:

[1] $282 to the County Treasurer who shall deposit the money as follows:

[a] $20 to the Court Automation Fund.

[b] $20 to the Court Document Storage Fund.

[c] $5 to the Circuit Court Clerk Operation and Administrative Fund.

[d] $8 to the Circuit Court Clerk Electronic Citation Fund.

[e] $195 to the County General Fund to be distributed as follows:

[i] Circuit Clerk filing cost: $75.

[ii] State's Attorney Fund: $30.

[iii] Judicial Security Fund: $25.

[iv] Court Fund: $50.

[v] Youth Diversion Fund: $5.

[vi] Drug Court Fund: $10.

[f] $2 to the State's Attorney Records Automation Fund.

[g] $2 to the Public Defender Records Automation Fund.

[h] $10 to the County Jail Medical Costs Fund.

[i] $20 to the Probation and Court Services Fund.

[2] $155 to the State Treasurer.

[3] $2 to the treasurer of the unit of local government of the arresting agency.

(6) SCHEDULE 6: Misdemeanor DUI Offenses.

(a) The Clerk shall collect $1,381 and remit as follows:

[1] $322 to the County Treasurer who shall deposit the money as follows:

[a] $20 to the Court Automation Fund.

[b] $20 to the Court Document Storage Fund.

[c] $5 to the Circuit Court Clerk Operation and Administrative Fund.

[d] $8 to the Circuit Court Clerk Electronic Citation Fund.

[e] $235 to the County General Fund to be distributed as follows:

[i] Circuit Clerk filing cost: $95.

[ii] State's Attorney Fund: $20.

[iii] Judicial Security Fund: $50.

[iv] Court Fund: $55.

[v] Youth Diversion Fund: $5.

[vi] Drug Court Fund: $10.

(b) $2 to the State's Attorney Records Automation Fund.

(c) $2 to the Public Defender Records Automation Fund.

(d) $10 to the County Jail Medical Costs Fund.

(e) $20 to the Probation and Court Services Fund.

[1] $707 to the State Treasurer.

[2] $352 to the treasurer of the unit of local government of the arresting agency.

(7) SCHEDULE 7: Misdemeanor Drug Offenses.

(a) The Clerk shall collect $905 and remit as follows:

[1] $282 to the County Treasurer who shall deposit the money as follows:

[a] $20 to the Court Automation Fund.

[b] $20 to the Court Document Storage Fund.

[c] $5 to the Circuit Court Clerk Operation and Administrative Fund.

[d] $8 to the Circuit Court Clerk Electronic Citation Fund.

[e] $195 to the County General Fund to be distributed as follows:

[i] Circuit Clerk filing cost: $75.

[ii] State's Attorney Fund: $30.

[iii] Judicial Security Fund: $25.

[iv] Court Fund: $50.

[v] Youth Diversion Fund: $5.

[vi] Drug Court Fund: $10.

[f] $2 to the State's Attorney Records Automation Fund.

[g] $2 to the Public Defender Records Automation Fund.

[h] $10 to the County Jail Medical Costs Fund.

[i] $20 to the Probation and Court Services Fund.

[2] $621 to the State Treasurer.

[3] $2 to the treasurer of the unit of local government of the arresting agency.

(8) SCHEDULE 8: Misdemeanor Sex Offenses.

(a) The Clerk shall collect $1,184 and remit as follows:

[1] $282 to the County Treasurer who shall deposit the money as follows:

[a] $20 to the Court Automation Fund.

[b] $20 to the Court Document Storage Fund.

[c] $5 to the Circuit Court Clerk Operation and Administrative Fund.

[d] $8 to the Circuit Court Clerk Electronic Citation Fund.

[e] $195 to the County General Fund to be distributed as follows:

[i] Circuit Clerk filing cost: $75.

[ii] State's Attorney Fund: $30.

[iii] Judicial Security Fund: $25.

[iv] Court Fund: $50.

[v] Youth Diversion Fund: $5.

[vi] Drug Court Fund: $10.

(b) $2 to the State's Attorney Records Automation Fund.

(c) $2 to the Public Defender Records Automation Fund.

(d) $10 to the County Jail Medical Costs Fund.

(e) $20 to the Probation and Court Services Fund.

[1] $900 to the State Treasurer.

[2] $2 to the treasurer of the unit of local government of the arresting agency.

(9) SCHEDULE 9: Major Traffic Offenses.

(a) The Clerk shall collect $325 and remit as follows:

[1] $203 to the County Treasurer who shall deposit the money as follows:

[a] $20 to the Court Automation Fund.

[b] $20 to the Court Document Storage Fund.

[c] $5 to the Circuit Court Clerk Operation and Administrative Fund.

[d] $8 to the Circuit Court Clerk Electronic Citation Fund.

[e] $150 to the County General Fund to be distributed as follows:

[i] Circuit Clerk filing cost: $50.

[ii] State's Attorney Fund: $10.

[iii] Judicial Security Fund: $25.

[iv] Court Fund: $36.

[v] Youth Diversion Fund: $5.

[vi] Drug Court Fund: $10.

[vii] State's Attorney Records Automation Fund: $2.

[viii] Public Defender Records Automation Fund: $2.

[ix] County Jail Medical Costs Fund: $10.

[2] $97 to the State Treasurer.

[3] $25 to the treasurer of the unit of local government of the arresting agency.

(10) SCHEDULE 10: Minor Traffic Offenses.

(a) The Clerk shall collect $226 and remit as follows:

[1] $168 to the County Treasurer who shall deposit the money as follows:

[a] $20 to the Court Automation Fund.

[b] $20 to the Court Document Storage Fund.

[c] $5 to the Circuit Court Clerk Operation and Administrative Fund.

[d] $8 to the Circuit Court Clerk Electronic Citation Fund.

[e] $115 to the County General Fund to be distributed as follows:

[i] Circuit Clerk filing cost: $30.

[ii] State's Attorney Fund: $10.

[iii] Judicial Security Fund: $25.

[iv] Court Fund: $26.

[v] Youth Diversion Fund: $5.

[vi] Drug Court Fund: $10.

[vii] State's Attorney Records Automation Fund: $2.

[viii] Public Defender Records Automation Fund: $2.

[ix] County Jail Medical Costs Fund: $5.

[2] $46 to the State Treasurer.

[3] $12 to the treasurer of the unit of local government of the arresting agency.

(11) SCHEDULE 10.5: Truck Weight and Load Offenses.

(a) The Clerk shall collect $260 and remit as follows:

[1] $168 to the County Treasurer who shall deposit the money as follows:

[a] $20 to the Court Automation Fund.

[b] $20 to the Court Document Storage Fund.

[c] $5 to the Circuit Court Clerk Operation and Administrative Fund.

[d] $8 to the Circuit Court Clerk Electronic Citation Fund.

[e] $115 to the County General Fund to be distributed as follows:

[i] Stephenson County highway dept: $115.

[2] $92 to the State Treasurer.

(12) SCHEDULE 11: Conservation Offenses.

(a) The Clerk shall collect $195 and remit as follows:

[1] $168 to the County Treasurer who shall deposit the money as follows:

[a] $20 to the Court Automation Fund.

[b] $20 to the Court Document Storage Fund.

[c] $5 to the Circuit Court Clerk Operation and Administrative Fund.

[d] $8 to the Circuit Court Clerk Electronic Citation Fund.

[e] $115 to the County General Fund to be distributed as follows:

[i] Circuit Clerk filing cost: $30.

[ii] Court Security Fund: $25.

[iii] Court System fine: $26.

[iv] Youth Diversion Fund: $5.

[v] States Attorney Fund: $10.

[vi] State's Attorney Records Automation Fund: $2.

[vii] Public Defender Records Automation Fund: $2.

[viii] County Jail Medical Costs Fund: $5.

[ix] Drug Court Fund: $10.

[2] $25 to the State Treasurer.

[3] $2 to the treasurer of the unit of local government of the arresting agency.

(13) SCHEDULE 12: Dispositions under Supreme Court Rule 529 (No Court Appearance Required Traffic Offenses).

(a) The Clerk shall collect $164 and remit as follows:

[1] $100 to the County Treasurer who shall deposit the money as follows:

[a] $20 to the Court Automation Fund.

[b] $20 to the Court Document Storage Fund.

[c] $5 to the Circuit Court Clerk Operation and Administrative Fund.

[d] $8 to the Circuit Court Clerk Electronic Citation Fund.

[e] $47 to the County General Fund to be distributed as follows:

[i] Circuit Clerk filing cost: $25.

[ii] Court Security Fund: $5.

[iii] Judicial Security Fund: $17.

[2] $14 to the State Treasurer.

[3] $50 to the treasurer of the unit of local government of the arresting agency.

(14) SCHEDULE 13: Petty Offense, Business Offense, or Nontraffic Ordinance Violation.

(a) The Clerk shall collect $100 and remit as follows:

[1] $75 to the County Treasurer who shall deposit the money as follows:

[a] $20 to the Court Automation Fund.

[b] $20 to the Court Document Storage Fund.

[c] $5 to the Circuit Court Clerk Operation and Administrative Fund.

[d] $8 to the Circuit Court Clerk Electronic Citation Fund.

[e] $22 to the County General Fund to be distributed as follows:

[i] Circuit Clerk filing cost: $10.

[ii] Court Security Fund: $7.

[iii] Judicial Security Fund: $5.

[2] $25 to the treasurer of the unit of local government of the arresting agency.