IL
Illinois Senate Bill SB1348

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1348 Compare Versions

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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1348 Introduced 1/28/2025, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: 55 ILCS 5/4-12001 from Ch. 34, par. 4-12001 Amends the Counties Code. Provides that a sheriff in a county of the third class may receive a fee of $60 for serving or attempting to serve any summons filed in person on a defendant and $40 for serving or attempting to serve any summons filed electronically on a defendant (rather than $35 for serving or attempting to serve any summons on a defendant). Provides that a sheriff in a county of the third class may receive a fee of $60 for serving or attempting to serve all other process, filed in person on a defendant and $40 for serving or attempting to serve all other process filed electronically on a defendant (rather than $35 for serving or attempting to serve all other process on each defendant). Provides that a sheriff in a county of the third class may receive a fee of $25 for returning each process initially filed in person and $15 for returning each process initially filed electronically (rather than $15 for returning each process). LRB104 10901 RTM 20983 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1348 Introduced 1/28/2025, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: 55 ILCS 5/4-12001 from Ch. 34, par. 4-12001 55 ILCS 5/4-12001 from Ch. 34, par. 4-12001 Amends the Counties Code. Provides that a sheriff in a county of the third class may receive a fee of $60 for serving or attempting to serve any summons filed in person on a defendant and $40 for serving or attempting to serve any summons filed electronically on a defendant (rather than $35 for serving or attempting to serve any summons on a defendant). Provides that a sheriff in a county of the third class may receive a fee of $60 for serving or attempting to serve all other process, filed in person on a defendant and $40 for serving or attempting to serve all other process filed electronically on a defendant (rather than $35 for serving or attempting to serve all other process on each defendant). Provides that a sheriff in a county of the third class may receive a fee of $25 for returning each process initially filed in person and $15 for returning each process initially filed electronically (rather than $15 for returning each process). LRB104 10901 RTM 20983 b LRB104 10901 RTM 20983 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1348 Introduced 1/28/2025, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
3+55 ILCS 5/4-12001 from Ch. 34, par. 4-12001 55 ILCS 5/4-12001 from Ch. 34, par. 4-12001
4+55 ILCS 5/4-12001 from Ch. 34, par. 4-12001
5+Amends the Counties Code. Provides that a sheriff in a county of the third class may receive a fee of $60 for serving or attempting to serve any summons filed in person on a defendant and $40 for serving or attempting to serve any summons filed electronically on a defendant (rather than $35 for serving or attempting to serve any summons on a defendant). Provides that a sheriff in a county of the third class may receive a fee of $60 for serving or attempting to serve all other process, filed in person on a defendant and $40 for serving or attempting to serve all other process filed electronically on a defendant (rather than $35 for serving or attempting to serve all other process on each defendant). Provides that a sheriff in a county of the third class may receive a fee of $25 for returning each process initially filed in person and $15 for returning each process initially filed electronically (rather than $15 for returning each process).
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311 1 AN ACT concerning local government.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Counties Code is amended by changing
715 5 Section 4-12001 as follows:
816 6 (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
917 7 Sec. 4-12001. Fees of sheriff in third class counties. The
1018 8 officers herein named, in counties of the third class, shall
1119 9 be entitled to receive the fees herein specified, for the
1220 10 services mentioned and such other fees as may be provided by
1321 11 law for such other services not herein designated.
1422 12 Fees for Sheriff
1523 13 For serving or attempting to serve any summons filed in
1624 14 person on each defendant, $60 $35.
1725 15 For serving or attempting to serve any summons filed
18-16 electronically on each defendant, $35.
26+16 electronically on each defendant, $40.
1927 17 For serving or attempting to serve each alias summons or
2028 18 other process mileage will be charged as hereinafter provided
2129 19 when the address for service differs from the address for
2230 20 service on the original summons or other process.
2331 21 For serving or attempting to serve all other process,
2432 22 filed in person on each defendant, $60 $35.
2533 23 For serving or attempting to serve all other process filed
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37+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1348 Introduced 1/28/2025, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
38+55 ILCS 5/4-12001 from Ch. 34, par. 4-12001 55 ILCS 5/4-12001 from Ch. 34, par. 4-12001
39+55 ILCS 5/4-12001 from Ch. 34, par. 4-12001
40+Amends the Counties Code. Provides that a sheriff in a county of the third class may receive a fee of $60 for serving or attempting to serve any summons filed in person on a defendant and $40 for serving or attempting to serve any summons filed electronically on a defendant (rather than $35 for serving or attempting to serve any summons on a defendant). Provides that a sheriff in a county of the third class may receive a fee of $60 for serving or attempting to serve all other process, filed in person on a defendant and $40 for serving or attempting to serve all other process filed electronically on a defendant (rather than $35 for serving or attempting to serve all other process on each defendant). Provides that a sheriff in a county of the third class may receive a fee of $25 for returning each process initially filed in person and $15 for returning each process initially filed electronically (rather than $15 for returning each process).
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34-1 electronically on each defendant, $35.
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68+1 electronically on each defendant, $40.
3569 2 For serving or attempting to serve a subpoena on each
3670 3 witness, $35.
3771 4 For serving or attempting to serve each warrant, $35.
3872 5 For serving or attempting to serve each garnishee, $35.
3973 6 For summoning each juror, $10.
4074 7 For serving or attempting to serve each order or judgment
4175 8 for replevin, $35.
4276 9 For serving or attempting to serve an order for
4377 10 attachment, on each defendant, $35.
4478 11 For serving or attempting to serve an order or judgment
4579 12 for the possession of real estate in an action of ejectment or
4680 13 in any other action, or for restitution in an eviction action,
47-14 without aid, $60 $35, and when aid is necessary, the sheriff
48-15 shall be allowed to tax in addition the actual costs of service
49-16 thereof.
50-17 For serving or attempting to serve an order or judgment
51-18 for the possession of real estate in an action of ejectment or
52-19 in any other action, or for restitution in an eviction action,
53-20 without aid, when filed electronically $35, and when aid is
54-21 necessary, the sheriff shall be allowed to tax in addition the
55-22 actual costs of service.
56-23 For serving or attempting to serve notice of judgment,
57-24 $35.
58-25 For levying to satisfy an order in an action for
59-26 attachment, $25.
81+14 without aid, $35, and when aid is necessary, the sheriff shall
82+15 be allowed to tax in addition the actual costs thereof.
83+16 For serving or attempting to serve notice of judgment,
84+17 $35.
85+18 For levying to satisfy an order in an action for
86+19 attachment, $25.
87+20 For executing order of court to seize personal property,
88+21 $25.
89+22 For making certificate of levy on real estate and filing
90+23 or recording same, $8, and the fee for filing or recording
91+24 shall be advanced by the plaintiff in attachment or by the
92+25 judgment creditor and taxed as costs. For taking possession of
93+26 or removing property levied on, the sheriff shall be allowed
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70-1 For executing order of court to seize personal property,
71-2 $25.
72-3 For making certificate of levy on real estate and filing
73-4 or recording same, $8, and the fee for filing or recording
74-5 shall be advanced by the plaintiff in attachment or by the
75-6 judgment creditor and taxed as costs. For taking possession of
76-7 or removing property levied on, the sheriff shall be allowed
77-8 to tax the necessary actual costs of such possession or
78-9 removal.
79-10 For advertising property for sale, $20.
80-11 For making certificate of sale and making and filing
81-12 duplicate for record, $15, and the fee for recording same
82-13 shall be advanced by the judgment creditor and taxed as costs.
83-14 For preparing, executing and acknowledging deed on
84-15 redemption from a court sale of real estate, $15; for
85-16 preparing, executing and acknowledging all other deeds on sale
86-17 of real estate, $10.
87-18 For making and filing certificate of redemption, $15, and
88-19 the fee for recording same shall be advanced by party making
89-20 the redemption and taxed as costs.
90-21 For making and filing certificate of redemption from a
91-22 court sale, $11, and the fee for recording same shall be
92-23 advanced by the party making the redemption and taxed as
93-24 costs.
94-25 For taking all bonds on legal process, $10.
95-26 For returning each process initially filed in person,
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104+1 to tax the necessary actual costs of such possession or
105+2 removal.
106+3 For advertising property for sale, $20.
107+4 For making certificate of sale and making and filing
108+5 duplicate for record, $15, and the fee for recording same
109+6 shall be advanced by the judgment creditor and taxed as costs.
110+7 For preparing, executing and acknowledging deed on
111+8 redemption from a court sale of real estate, $15; for
112+9 preparing, executing and acknowledging all other deeds on sale
113+10 of real estate, $10.
114+11 For making and filing certificate of redemption, $15, and
115+12 the fee for recording same shall be advanced by party making
116+13 the redemption and taxed as costs.
117+14 For making and filing certificate of redemption from a
118+15 court sale, $11, and the fee for recording same shall be
119+16 advanced by the party making the redemption and taxed as
120+17 costs.
121+18 For taking all bonds on legal process, $10.
122+19 For returning each process initially filed in person,
123+20 $25 $15.
124+21 For returning each process initially filed electronically,
125+22 $15.
126+23 Mileage for service or attempted service of all process is
127+24 a $10 flat fee.
128+25 For attending before a court with a prisoner on an order
129+26 for habeas corpus, $9 per day.
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106-1 $25 $15.
107-2 For returning each process initially filed electronically,
108-3 $15.
109-4 Mileage for service or attempted service of all process is
110-5 a $10 flat fee.
111-6 For attending before a court with a prisoner on an order
112-7 for habeas corpus, $9 per day.
113-8 For executing requisitions from other States, $13.
114-9 For conveying each prisoner from the prisoner's county to
115-10 the jail of another county, per mile for going only, 25.
116-11 For committing to or discharging each prisoner from jail,
117-12 $3.
118-13 For feeding each prisoner, such compensation to cover
119-14 actual costs as may be fixed by the county board, but such
120-15 compensation shall not be considered a part of the fees of the
121-16 office.
122-17 For committing each prisoner to jail under the laws of the
123-18 United States, to be paid by the marshal or other person
124-19 requiring his confinement, $3.
125-20 For feeding such prisoners per day, $3, to be paid by the
126-21 marshal or other person requiring the prisoner's confinement.
127-22 For discharging such prisoners, $3.
128-23 For conveying persons to the penitentiary, reformatories,
129-24 Illinois State Training School for Boys, Illinois State
130-25 Training School for Girls, Reception Centers and Illinois
131-26 Security Hospital, the following fees, payable out of the
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140+1 For executing requisitions from other States, $13.
141+2 For conveying each prisoner from the prisoner's county to
142+3 the jail of another county, per mile for going only, 25.
143+4 For committing to or discharging each prisoner from jail,
144+5 $3.
145+6 For feeding each prisoner, such compensation to cover
146+7 actual costs as may be fixed by the county board, but such
147+8 compensation shall not be considered a part of the fees of the
148+9 office.
149+10 For committing each prisoner to jail under the laws of the
150+11 United States, to be paid by the marshal or other person
151+12 requiring his confinement, $3.
152+13 For feeding such prisoners per day, $3, to be paid by the
153+14 marshal or other person requiring the prisoner's confinement.
154+15 For discharging such prisoners, $3.
155+16 For conveying persons to the penitentiary, reformatories,
156+17 Illinois State Training School for Boys, Illinois State
157+18 Training School for Girls, Reception Centers and Illinois
158+19 Security Hospital, the following fees, payable out of the
159+20 State Treasury. When one person is conveyed, 20 per mile in
160+21 going to the penitentiary, reformatories, Illinois State
161+22 Training School for Boys, Illinois State Training School for
162+23 Girls, Reception Centers and Illinois Security Hospital from
163+24 the place of conviction; when 2 persons are conveyed at the
164+25 same time, 20 per mile for the first and 15 per mile for the
165+26 second person; when more than 2 persons are conveyed at the
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142-1 State Treasury. When one person is conveyed, 20 per mile in
143-2 going to the penitentiary, reformatories, Illinois State
144-3 Training School for Boys, Illinois State Training School for
145-4 Girls, Reception Centers and Illinois Security Hospital from
146-5 the place of conviction; when 2 persons are conveyed at the
147-6 same time, 20 per mile for the first and 15 per mile for the
148-7 second person; when more than 2 persons are conveyed at the
149-8 same time as Stated above, the sheriff shall be allowed 20 per
150-9 mile for the first, 15 per mile for the second and 10 per
151-10 mile for each additional person.
152-11 The fees provided for herein for transporting persons to
153-12 the penitentiary, reformatories, Illinois State Training
154-13 School for Boys, Illinois State Training School for Girls,
155-14 Reception Centers and Illinois Security Hospital, shall be
156-15 paid for each trip so made. Mileage as used in this Section
157-16 means the shortest route on a hard surfaced road, (either
158-17 State Bond Issue Route or Federal highways) or railroad,
159-18 whichever is shorter, between the place from which the person
160-19 is to be transported, to the penitentiary, reformatories,
161-20 Illinois State Training School for Boys, Illinois State
162-21 Training School for Girls, Reception Centers and Illinois
163-22 Security Hospital, and all fees per mile shall be computed on
164-23 such basis.
165-24 In addition to the above fees, there shall be allowed to
166-25 the sheriff a fee of $900 for the sale of real estate which
167-26 shall be made by virtue of any judgment of a court. In addition
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176+1 same time as Stated above, the sheriff shall be allowed 20 per
177+2 mile for the first, 15 per mile for the second and 10 per
178+3 mile for each additional person.
179+4 The fees provided for herein for transporting persons to
180+5 the penitentiary, reformatories, Illinois State Training
181+6 School for Boys, Illinois State Training School for Girls,
182+7 Reception Centers and Illinois Security Hospital, shall be
183+8 paid for each trip so made. Mileage as used in this Section
184+9 means the shortest route on a hard surfaced road, (either
185+10 State Bond Issue Route or Federal highways) or railroad,
186+11 whichever is shorter, between the place from which the person
187+12 is to be transported, to the penitentiary, reformatories,
188+13 Illinois State Training School for Boys, Illinois State
189+14 Training School for Girls, Reception Centers and Illinois
190+15 Security Hospital, and all fees per mile shall be computed on
191+16 such basis.
192+17 In addition to the above fees, there shall be allowed to
193+18 the sheriff a fee of $900 for the sale of real estate which
194+19 shall be made by virtue of any judgment of a court. In addition
195+20 to this fee and all other fees provided by this Section, there
196+21 shall be allowed to the sheriff a fee in accordance with the
197+22 following schedule for the sale of personal estate which is
198+23 made by virtue of any judgment of a court:
199+24 For judgments up to $1,000, $100;
200+25 For judgments over $1,000 to $15,000, $300;
201+26 For judgments over $15,000, $500.
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178-1 to this fee and all other fees provided by this Section, there
179-2 shall be allowed to the sheriff a fee in accordance with the
180-3 following schedule for the sale of personal estate which is
181-4 made by virtue of any judgment of a court:
182-5 For judgments up to $1,000, $100;
183-6 For judgments over $1,000 to $15,000, $300;
184-7 For judgments over $15,000, $500.
185-8 In all cases where the judgment is settled by the parties,
186-9 replevied, stopped by injunction or paid, or where the
187-10 property levied upon is not actually sold, the sheriff shall
188-11 be allowed the fee for levying and mileage, together with half
189-12 the fee for all money collected by him or her which he or she
190-13 would be entitled to if the same were made by sale in the
191-14 enforcement of a judgment. In no case shall the fee exceed the
192-15 amount of money arising from the sale.
193-16 The fee requirements of this Section do not apply to
194-17 police departments or other law enforcement agencies. For the
195-18 purposes of this Section, "law enforcement agency" means an
196-19 agency of the State or unit of local government which is vested
197-20 by law or ordinance with the duty to maintain public order and
198-21 to enforce criminal laws or ordinances.
199-22 The fee requirements of this Section do not apply to units
200-23 of local government or school districts.
201-24 (Source: P.A. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23.)
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