Illinois 93rd Regular Session Status: Passed House

HB 2319 — CIRCT CLERK FEE-MNTL HLTH PETN

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Clerks of Courts Act. Provides that no fee provided for in the circuit clerks' fee provisions may be charged in connection with the filing of any commitment petition or petition for an order authorizing the administration of authorized involuntary treatment in the form of medication under the Mental Health and Developmental Disabilities Code. Effective immediately.

Bill Text

What changed in the latest version

50 added · 50 removed

Plain-language change summary

The updated version of Bill HB 2319 includes several new lines of text, but the details of those new lines are not provided here. This likely means that additional provisions or clarifications have been added to the bill, which could impact how it will be implemented or understood. These changes could address specific concerns or requirements that were not included in the original bill, making it more comprehensive and potentially more effective in achieving its goals. Understanding these amendments is important as they can influence the behavior of individuals or organizations affected by the legislation.

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093_HB2319 LRB093 07850 DRJ 08039 b AN ACT in relation to courts.
HB2319 Engrossed LRB093 07850 DRJ 08039 b AN ACT in relation to courts.
$40 (2) Each person convicted of a misdemeanor, leaving scene of an accident, driving while intoxicated, reckless driving or drag racing, driving when license revoked or suspended, overweight, or no interstate commerce certificate, -2- LRB093 07850 DRJ 08039 b or when the disposition is court supervision.......
$40 (2) Each person convicted of a misdemeanor, leaving scene of an accident, driving while intoxicated, reckless driving or drag racing, driving when license revoked or suspended, overweight, or no interstate commerce certificate, HB2319 Engrossed -2- LRB093 07850 DRJ 08039 b or when the disposition is court supervision.......
$25 (3) Exceeds $10,000, when relief in addition to or supplemental to recovery of money alone is -3- LRB093 07850 DRJ 08039 b sought in an action to recover personal property taxes or retailers occupational tax regardless of amount claimed.....................................
$25 (3) Exceeds $10,000, when relief in addition to or supplemental to recovery of money alone is HB2319 Engrossed -3- LRB093 07850 DRJ 08039 b sought in an action to recover personal property taxes or retailers occupational tax regardless of amount claimed.....................................
$45 -4- LRB093 07850 DRJ 08039 b (i) Reinstatement.
$45 HB2319 Engrossed -4- LRB093 07850 DRJ 08039 b (i) Reinstatement.
$15 (5) Issuing letters only for a certain specific reason other than the administration of an estate, including but not limited to the release of -5- LRB093 07850 DRJ 08039 b mortgage;
$15 (5) Issuing letters only for a certain specific reason other than the administration of an estate, including but not limited to the release of HB2319 Engrossed -5- LRB093 07850 DRJ 08039 b mortgage;
$45 -6- LRB093 07850 DRJ 08039 b (2) For each additional parcel involved, an additional fee of..................................
$45 HB2319 Engrossed -6- LRB093 07850 DRJ 08039 b (2) For each additional parcel involved, an additional fee of..................................
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, he or she shall pay a fee for each such counterclaim or third party action in an amount equal to the fee he or she would have had to pay -7- LRB093 07850 DRJ 08039 b 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.
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, he or she shall pay a fee for each such counterclaim or third party action in an amount equal to the fee he or she would have had to pay HB2319 Engrossed -7- LRB093 07850 DRJ 08039 b 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.
In such cases, the Clerk shall -8- LRB093 07850 DRJ 08039 b collect an annual fee of up to $36 from the person making such 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.
In such cases, the Clerk shall HB2319 Engrossed -8- LRB093 07850 DRJ 08039 b collect an annual fee of up to $36 from the person making such 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.
$10 -9- LRB093 07850 DRJ 08039 b (w) Record Search.
$10 HB2319 Engrossed -9- LRB093 07850 DRJ 08039 b (w) Record Search.
_________________o______________________l_____________ _n_____________________e______________________m_____________ _r_____________________e______________________d_____________ _f_____________________n______________________t_____________ -10- LRB093 07850 DRJ 08039 b _e_______________________M____________________D_____________ _i_________________ (cc) Adoptions.
_________________o______________________l_____________ _n_____________________e______________________m_____________ _r_____________________e______________________d_____________ _f_____________________n______________________t_____________ HB2319 Engrossed -10- LRB093 07850 DRJ 08039 b _e_______________________M____________________D_____________ _i_________________ (cc) Adoptions.
-11- LRB093 07850 DRJ 08039 b 91-357, eff.
HB2319 Engrossed -11- LRB093 07850 DRJ 08039 b 91-357, eff.
-12- LRB093 07850 DRJ 08039 b (b) Forcible Entry and Detainer.
HB2319 Engrossed -12- LRB093 07850 DRJ 08039 b (b) Forcible Entry and Detainer.
In garnishment affidavit, wage deduction affidavit, -13- LRB093 07850 DRJ 08039 b and citation petition when the amount does not exceed $1,000, $10;
In garnishment affidavit, wage deduction affidavit, HB2319 Engrossed -13- LRB093 07850 DRJ 08039 b and citation petition when the amount does not exceed $1,000, $10;
(1) Each certification or authentication for taking the acknowledgment of a deed or other instrument in -14- LRB093 07850 DRJ 08039 b writing with the seal of office, $4.
(1) Each certification or authentication for taking the acknowledgment of a deed or other instrument in HB2319 Engrossed -14- LRB093 07850 DRJ 08039 b writing with the seal of office, $4.
-15- LRB093 07850 DRJ 08039 b 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.
HB2319 Engrossed -15- LRB093 07850 DRJ 08039 b 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.
-16- LRB093 07850 DRJ 08039 b (s) Jury Services.
HB2319 Engrossed -16- LRB093 07850 DRJ 08039 b (s) Jury Services.
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, -17- LRB093 07850 DRJ 08039 b reduce, or release the costs payable under this subsection:
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, HB2319 Engrossed -17- LRB093 07850 DRJ 08039 b reduce, or release the costs payable under this subsection:
-18- LRB093 07850 DRJ 08039 b (B) For filing a claim in an estate when the amount claimed is $150 or more but less than $500, $10;
HB2319 Engrossed -18- LRB093 07850 DRJ 08039 b (B) For filing a claim in an estate when the amount claimed is $150 or more but less than $500, $10;
(H) For each certified copy of letters of office, of court order or other certification, $1, -19- LRB093 07850 DRJ 08039 b plus 50¢ per page in excess of 3 pages for the document certified.
(H) For each certified copy of letters of office, of court order or other certification, $1, HB2319 Engrossed -19- LRB093 07850 DRJ 08039 b plus 50¢ per page in excess of 3 pages for the document certified.
(I) Motions to vacate ex parte judgments, -20- LRB093 07850 DRJ 08039 b whenever filed, $20.
(I) Motions to vacate ex parte judgments, HB2319 Engrossed -20- LRB093 07850 DRJ 08039 b whenever filed, $20.
(2) The fee for the preparation and certification of a record on a change of venue to another jurisdiction, -21- LRB093 07850 DRJ 08039 b when original documents are forwarded, $25.
(2) The fee for the preparation and certification of a record on a change of venue to another jurisdiction, HB2319 Engrossed -21- LRB093 07850 DRJ 08039 b when original documents are forwarded, $25.
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 -22- LRB093 07850 DRJ 08039 b all 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 HB2319 Engrossed -22- LRB093 07850 DRJ 08039 b all payments issued by the State Disbursement Unit for the official record of the Court.
-23- LRB093 07850 DRJ 08039 b _________________u______________________i_____________ _p_______________________o_____________________p____________ _e_____________________a______________________i_____________ _u_____________________r______________________t_____________ _e______________________M_____________________D_____________ _i_________________ (ee) Adoptions.
HB2319 Engrossed -23- LRB093 07850 DRJ 08039 b _________________u______________________i_____________ _p_______________________o_____________________p____________ _e_____________________a______________________i_____________ _u_____________________r______________________t_____________ _e______________________M_____________________D_____________ _i_________________ (ee) Adoptions.
-24- LRB093 07850 DRJ 08039 b (a) Civil Cases.
HB2319 Engrossed -24- LRB093 07850 DRJ 08039 b (a) Civil Cases.
-25- LRB093 07850 DRJ 08039 b (c) Counterclaim or Joining Third Party Defendant.
HB2319 Engrossed -25- LRB093 07850 DRJ 08039 b (c) Counterclaim or Joining Third Party Defendant.
when the amount exceeds $1,000 but does not exceed $5,000, a -26- LRB093 07850 DRJ 08039 b minimum of $20 and a maximum of $30;
when the amount exceeds $1,000 but does not exceed $5,000, a HB2319 Engrossed -26- LRB093 07850 DRJ 08039 b minimum of $20 and a maximum of $30;
(1) Each certification or authentication for taking the acknowledgment of a deed or other instrument in -27- LRB093 07850 DRJ 08039 b writing with the seal of office, a minimum of $4 and a maximum of $6.
(1) Each certification or authentication for taking the acknowledgment of a deed or other instrument in HB2319 Engrossed -27- LRB093 07850 DRJ 08039 b writing with the seal of office, a minimum of $4 and a maximum of $6.
-28- LRB093 07850 DRJ 08039 b 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.
HB2319 Engrossed -28- LRB093 07850 DRJ 08039 b 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.
Any charges for additional services shall be as agreed to between the clerk and the party -29- LRB093 07850 DRJ 08039 b making the request 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 HB2319 Engrossed -29- LRB093 07850 DRJ 08039 b making the request and approved by the chief judge of the circuit court.
The clerk shall be entitled to receive a fee of a minimum of $30 and a maximum of $60 for each expungement -30- LRB093 07850 DRJ 08039 b 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.
The clerk shall be entitled to receive a fee of a minimum of $30 and a maximum of $60 for each expungement HB2319 Engrossed -30- LRB093 07850 DRJ 08039 b 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.
(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 -31- LRB093 07850 DRJ 08039 b 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.
(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 HB2319 Engrossed -31- LRB093 07850 DRJ 08039 b 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.
(F) For each jury demand, a minimum of $102.50 -32- LRB093 07850 DRJ 08039 b and a maximum of $137.50.
(F) For each jury demand, a minimum of $102.50 HB2319 Engrossed -32- LRB093 07850 DRJ 08039 b and a maximum of $137.50.
-33- LRB093 07850 DRJ 08039 b (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:
HB2319 Engrossed -33- LRB093 07850 DRJ 08039 b (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:
-34- LRB093 07850 DRJ 08039 b (B) When court appearance required, $15.
HB2319 Engrossed -34- LRB093 07850 DRJ 08039 b (B) When court appearance required, $15.
-35- LRB093 07850 DRJ 08039 b (bb) Collections.
HB2319 Engrossed -35- LRB093 07850 DRJ 08039 b (bb) Collections.
-36- LRB093 07850 DRJ 08039 b (cc) Corrections of Numbers.
HB2319 Engrossed -36- LRB093 07850 DRJ 08039 b (cc) Corrections of Numbers.
-37- LRB093 07850 DRJ 08039 b (ff) Adoption exemptions.
HB2319 Engrossed -37- LRB093 07850 DRJ 08039 b (ff) Adoption exemptions.
(E) When that amount exceeds $5000 but does -38- LRB093 07850 DRJ 08039 b not exceed $15,000, $150.
(E) When that amount exceeds $5000 but does HB2319 Engrossed -38- LRB093 07850 DRJ 08039 b not exceed $15,000, $150.
-39- LRB093 07850 DRJ 08039 b When the amount exceeds $1500, but does not exceed $5000, a minimum of $75 and a maximum of $150.
HB2319 Engrossed -39- LRB093 07850 DRJ 08039 b When the amount exceeds $1500, but does not exceed $5000, a minimum of $75 and a maximum of $150.
(2) Petition to vacate or modify any final judgment -40- LRB093 07850 DRJ 08039 b 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.
(2) Petition to vacate or modify any final judgment HB2319 Engrossed -40- LRB093 07850 DRJ 08039 b 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.
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(5) For reproduction of any document contained in -41- LRB093 07850 DRJ 08039 b the clerk's files:
(5) For reproduction of any document contained in HB2319 Engrossed -41- LRB093 07850 DRJ 08039 b the clerk's files:
The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the -42- LRB093 07850 DRJ 08039 b Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court.
The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the HB2319 Engrossed -42- LRB093 07850 DRJ 08039 b Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court.
The -43- LRB093 07850 DRJ 08039 b jury fee shall be paid by the party demanding a jury at the time of filing the jury demand.
The HB2319 Engrossed -43- LRB093 07850 DRJ 08039 b jury fee shall be paid by the party demanding a jury at the time of filing the jury demand.
(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 -44- LRB093 07850 DRJ 08039 b specified in subsection (v)(3), except:
(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 HB2319 Engrossed -44- LRB093 07850 DRJ 08039 b specified in subsection (v)(3), except:
when the amount -45- LRB093 07850 DRJ 08039 b claimed is $500 or more but less than $10,000, a minimum of $40 and a maximum of $65;
when the amount HB2319 Engrossed -45- LRB093 07850 DRJ 08039 b claimed is $500 or more but less than $10,000, a minimum of $40 and a maximum of $65;
-46- LRB093 07850 DRJ 08039 b (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.
HB2319 Engrossed -46- LRB093 07850 DRJ 08039 b (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.
-47- LRB093 07850 DRJ 08039 b (F) When court appearance required, $50.
HB2319 Engrossed -47- LRB093 07850 DRJ 08039 b (F) When court appearance required, $50.
For the filing of a transcript of judgment, the -48- LRB093 07850 DRJ 08039 b clerk shall be entitled to the same fee as if it were the commencement of a new suit.
For the filing of a transcript of judgment, the HB2319 Engrossed -48- LRB093 07850 DRJ 08039 b clerk shall be entitled to the same fee as if it were the commencement of a new suit.
(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 -49- LRB093 07850 DRJ 08039 b 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.
(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 HB2319 Engrossed -49- LRB093 07850 DRJ 08039 b 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.
"Law enforcement agency" also means -50- LRB093 07850 DRJ 08039 b the Attorney General or any state's attorney.
"Law enforcement agency" also means HB2319 Engrossed -50- LRB093 07850 DRJ 08039 b the Attorney General or any state's attorney.
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Action History

  1. Session Sine Die

  2. Added as Alternate Chief Co-Sponsor Sen. William R. Haine

  3. Referred to Rules

  4. First Reading

  5. Chief Senate Sponsor Sen. Christine Radogno

  6. Placed on Calendar Order of First Reading April 3, 2003

  7. Arrive in Senate

  8. Third Reading - Short Debate - Passed 117-000-000

  9. Placed on Calendar Order of 3rd Reading - Short Debate

  10. Second Reading - Short Debate

  11. Placed on Calendar 2nd Reading - Short Debate

  12. Do Pass / Short Debate Local Government Committee; 015-000-000

  13. Fiscal Note Filed

  14. Added Chief Co-Sponsor Rep. Patricia R. Bellock

  15. Assigned to Local Government Committee

  16. Referred to Rules Committee

  17. First Reading

  18. Filed with the Clerk by Rep. Lou Lang

Sponsors

  • Lou Lang · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Lou Lang

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 117 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 105001
Democrat 9000
Republican 3000
Total 117001
% of votes cast 99%0%0%1%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Scully — Yea
Slone — Yea
Sommer — Yea
Soto — Yea
Wirsing — Yea
Lindner — Yea
Acevedo — Yea
Aguilar — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Not Voting
Brauer — Yea
Brosnahan — Yea
Capparelli — Yea
Mendoza — Yea
Moffitt — Yea
Coulson — Yea
Mulligan — Yea
Giles — Yea
Hamos — Yea
Hassert — Yea
Nekritz — Yea
Jakobsson — Yea
Jefferson — Yea
Osterman — Yea
Leitch — Yea
McAuliffe — Yea
McCarthy — Yea
Parke — Yea
Phelps — Yea
Pihos — Yea
Poe — Yea
Lyons, Eileen — Yea
Bailey — Yea
Lyons, Joseph — Yea
Reitz — Yea
McGuire — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Forby — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Krause — Yea
Kurtz — Yea
Bradley, Richard — Yea
Lang — Yea
Brady — Yea
Madigan — Yea
McKeon — Yea
Hannig — Yea
Meyer — Yea
Mitchell, Bill — Yea
Millner — Yea
Burke — Yea
Mitchell, Jerry — Yea
Molaro — Yea
Morrow — Yea
Sullivan — Yea
Munson — Yea
Myers — Yea
Novak — Yea
O'Brien — Yea
Howard — Yea
Osmond — Yea
Pankau — Yea
Tenhouse — Yea
Watson — Yea
Jones — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Davis, Monique — Yea
Davis, Steve — Yea
Churchill — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
Daniels — Yea
Graham — Yea
Granberg — Yea
Hartke — Yea
Holbrook — Yea
Hultgren — Yea
Kosel — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

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Subjects

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Frequently asked questions

What does HB 2319 do?
Amends the Clerks of Courts Act. Provides that no fee provided for in the circuit clerks' fee provisions may be charged in connection with the filing of any commitment petition or petition for an order authorizing the administration of authorized involuntary treatment in the form of medication under the Mental Health and Developmental Disabilities Code. Effective immediately.
Who sponsors HB 2319?
HB 2319 is sponsored by Lou Lang.
What is the current status of HB 2319?
This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2319?
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