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Public Act 101-0036
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| SB1504 Enrolled | LRB101 07381 LNS 52421 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by |
changing Section 5-105 as follows:
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(735 ILCS 5/5-105) (from Ch. 110, par. 5-105)
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(Text of Section before amendment by P.A. 100-987 and |
100-1161)
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Sec. 5-105. Leave to sue or defend as an indigent person.
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(a) As used in this Section:
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(1) "Fees, costs, and charges" means payments imposed |
on a party in
connection with the prosecution or defense of |
a civil action, including, but
not limited to: filing fees; |
appearance fees; fees for service of process and
other |
papers served either within or outside this State, |
including service by
publication pursuant to Section 2-206 |
of this Code and publication of necessary
legal notices; |
motion fees; jury demand fees; charges for participation |
in, or
attendance at, any mandatory process or procedure |
including, but not limited
to, conciliation, mediation, |
arbitration, counseling, evaluation, "Children
First", |
"Focus on Children" or similar programs; fees for |
supplementary
proceedings; charges for translation |
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services; guardian ad litem fees;
charges for certified |
copies of court documents; and all other processes and
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procedures deemed by the court to be necessary to commence, |
prosecute, defend,
or enforce relief in a
civil action.
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(2) "Indigent person" means any person who meets one or |
more of the
following criteria:
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(i) He or she is receiving assistance under one or |
more of the
following
public benefits programs: |
Supplemental Security Income (SSI), Aid to the Aged,
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Blind and Disabled (AABD), Temporary Assistance for |
Needy Families (TANF),
Food
Stamps, General |
Assistance, Transitional Assistance, or State Children
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and Family Assistance.
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(ii) His or her available income is 125% or less of |
the current
poverty
level as established by the United |
States Department of Health and Human
Services, unless |
the applicant's assets that are not exempt under Part 9 |
or 10
of Article XII of this Code are of a nature and |
value that the court determines
that the applicant is |
able to pay the fees, costs, and charges.
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(iii) He or she is, in the discretion of the court, |
unable to proceed
in
an action without payment of fees, |
costs, and charges and whose payment of
those
fees, |
costs, and charges would result in substantial |
hardship to the person or
his or her family.
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(iv) He or she is an indigent person pursuant to |
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Section 5-105.5 of this
Code.
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(b) On the application of any person, before, or after the |
commencement of
an action, a court, on finding that the |
applicant is an indigent person, shall
grant the applicant |
leave to sue or defend the action without payment of the
fees, |
costs, and charges of the action.
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(c) An application for leave to sue or defend an action as |
an indigent
person
shall be in writing and supported by the |
affidavit of the applicant or, if the
applicant is a minor or |
an incompetent adult, by the affidavit of another
person having |
knowledge of the facts. The contents of the affidavit shall be
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established by Supreme Court Rule. The court shall provide, |
through the
office of the clerk of the court, simplified forms |
consistent with the
requirements of this Section and applicable |
Supreme Court Rules to any person
seeking to sue or defend an |
action who indicates an inability to pay the fees,
costs, and |
charges of the action. The application and supporting affidavit |
may
be incorporated into one simplified form. The clerk of the |
court shall post in
a conspicuous place in the courthouse a |
notice no smaller than 8.5 x 11 inches,
using no smaller than |
30-point typeface printed in English and in Spanish,
advising
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the public that they may ask the court for permission to sue or |
defend a civil
action without payment of fees, costs, and |
charges. The notice shall be
substantially as follows:
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"If you are unable to pay the fees, costs, and charges |
of an action you may
ask the court to allow you to proceed |
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without paying them. Ask the clerk of
the court for forms."
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(d) The court shall rule on applications under this Section |
in a timely
manner based on information contained in the |
application unless the court, in
its discretion, requires the
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applicant to personally appear to explain or clarify |
information contained in
the application. If the court finds |
that the applicant is an indigent person,
the
court shall enter |
an order permitting the applicant to sue or defend
without |
payment of fees, costs, or charges. If the application is
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denied,
the court shall enter an order to that effect stating |
the specific reasons for
the denial. The clerk of the court |
shall promptly mail or deliver a copy of the
order to the |
applicant.
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(e) The clerk of the court shall not refuse to accept and |
file any
complaint,
appearance, or other paper presented by the |
applicant if accompanied by an
application to sue or defend in |
forma pauperis, and those papers shall be
considered filed on |
the date the application is presented. If the application
is |
denied, the order shall state a date certain by which the |
necessary fees,
costs, and charges must be paid. The court, for |
good cause shown, may allow an
applicant whose application is |
denied to defer payment of fees, costs, and
charges, make |
installment payments, or make payment upon reasonable terms and
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conditions stated in the order. The court may dismiss the |
claims or defenses of
any party failing to pay the fees, costs, |
or charges within the time and in the
manner ordered by the |
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court. A determination concerning an application to sue
or |
defend
in forma pauperis shall not
be construed as a ruling on |
the merits.
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(f) The court may order an indigent person to pay all or a |
portion of the
fees, costs, or charges waived pursuant to this |
Section out of moneys recovered
by the indigent person pursuant |
to a judgment or settlement resulting from the
civil action. |
However, nothing in this Section shall be construed to limit |
the
authority of a court to order another party to the action |
to pay the fees,
costs, or charges of the action.
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(g) A court, in its discretion, may appoint counsel to |
represent an indigent
person, and that counsel shall perform |
his or her duties without fees, charges,
or reward.
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(h) Nothing in this Section shall be construed to affect |
the right of a
party to sue or defend an action in forma |
pauperis without the payment of fees,
costs, or charges, or the |
right of a party to court-appointed counsel, as
authorized by |
any other provision of law or by the rules of the Illinois
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Supreme Court.
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(i) The provisions of this Section are severable under |
Section 1.31 of the
Statute on Statutes.
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(Source: P.A. 97-689, eff. 6-14-12; 97-813, eff. 7-13-12.)
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(Text of Section after amendment by P.A. 100-987 and |
100-1161)
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Sec. 5-105. Waiver of court fees, costs, and charges.
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(a) As used in this Section:
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(1) "Fees, costs, and charges" means payments imposed |
on a party in
connection with the prosecution or defense of |
a civil action, including, but
not limited to: fees set |
forth in Section 27.1b of the Clerks of Courts Act; fees |
for service of process and
other papers served either |
within or outside this State, including service by
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publication pursuant to Section 2-206 of this Code and |
publication of necessary
legal notices; motion fees; |
charges for participation in, or
attendance at, any |
mandatory process or procedure including, but not limited
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to, conciliation, mediation, arbitration, counseling, |
evaluation, "Children
First", "Focus on Children" or |
similar programs; fees for supplementary
proceedings; |
charges for translation services; guardian ad litem fees;
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and all other processes and
procedures deemed by the court |
to be necessary to commence, prosecute, defend,
or enforce |
relief in a
civil action.
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(2) "Indigent person" means any person who meets one or |
more of the
following criteria:
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(i) He or she is receiving assistance under one or |
more of the
following means-based
governmental public |
benefits programs: Supplemental Security Income (SSI), |
Aid to the Aged,
Blind and Disabled (AABD), Temporary |
Assistance for Needy Families (TANF), Supplemental |
Nutrition Assistance Program (SNAP), General |
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Assistance, Transitional Assistance, or State Children
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and Family Assistance.
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(ii) His or her available personal income is 125% |
or less of the current
poverty
level, unless the |
applicant's assets that are not exempt under Part 9 or |
10
of Article XII of this Code are of a nature and |
value that the court determines
that the applicant is |
able to pay the fees, costs, and charges.
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(iii) He or she is, in the discretion of the court, |
unable to proceed
in
an action without payment of fees, |
costs, and charges and whose payment of
those
fees, |
costs, and charges would result in substantial |
hardship to the person or
his or her family.
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(iv) He or she is an indigent person pursuant to |
Section 5-105.5 of this
Code.
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(3) "Poverty level" means the current poverty level as |
established by the United States Department of Health and |
Human Services. |
(b) On the application of any person, before or after the |
commencement of
an action: |
(1) If the court finds that the applicant is an |
indigent person, the court shall
grant the applicant a full |
fees, costs, and charges waiver entitling him or her to sue |
or defend the action without payment of any of the
fees, |
costs, and charges. |
(2) If the court finds that the applicant satisfies any |
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of the criteria contained in items (i), (ii), or (iii) of |
this subdivision (b)(2), the court shall grant the |
applicant a partial fees, costs, and charges waiver |
entitling him or her to sue or defend the action upon |
payment of the applicable percentage of the assessments, |
costs, and charges of the action, as follows: |
(i) the court shall waive 75% of all fees, costs, |
and charges if the available income of the applicant is |
greater than 125% but does not exceed 150% of the |
poverty level, unless the assets of the applicant that |
are not exempt under Part 9 or 10 of Article XII of |
this Code are such that the applicant is able, without |
undue hardship, to pay a greater portion of the fees, |
costs, and charges; |
(ii) the court shall waive 50% of all fees, costs, |
and charges if the available income is greater than |
150% but does not exceed 175% of the poverty level, |
unless the assets of the applicant that are not exempt |
under Part 9 or 10 of Article XII of this Code are such |
that the applicant is able, without undue hardship, to |
pay a greater portion of the fees, costs, and charges; |
and |
(iii) the court shall waive 25% of all fees, costs, |
and charges if the available income of the applicant is |
greater than 175% but does not exceed 200% of the |
current poverty level, unless the assets of the |
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applicant that are not exempt under Part 9 or 10 of |
Article XII of this Code are such that the applicant is |
able, without undue hardship, to pay a greater portion |
of the fees, costs, and charges.
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(c) An application for waiver of court fees, costs, and |
charges
shall be in writing and signed by the applicant, or, if |
the
applicant is a minor or an incompetent adult, by another
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person having knowledge of the facts. The contents of the |
application for waiver of court fees, costs, and charges, and |
the procedure for the decision of the applications, shall be
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established by Supreme Court Rule. Factors to consider in |
evaluating an application shall include: |
(1) the applicant's receipt of needs based |
governmental public benefits, including Supplemental |
Security Income (SSI); Aid to the Aged, Blind and Disabled |
(ADBD); Temporary Assistance for Needy Families (TANF); |
Supplemental Nutrition Assistance Program (SNAP or "food |
stamps"); General Assistance; Transitional Assistance; or |
State Children and Family Assistance; |
(2) the employment status of the applicant and amount |
of monthly income, if any; |
(3) income received from the applicant's pension, |
Social Security benefits, unemployment benefits, and other |
sources; |
(4) income received by the applicant from other |
household members; |
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(5) the applicant's monthly expenses, including rent, |
home mortgage, other mortgage, utilities, food, medical, |
vehicle, childcare, debts, child support, and other |
expenses; and |
(6) financial affidavits or other similar supporting |
documentation provided by the applicant showing that |
payment of the imposed fees, costs, and charges would |
result in substantial hardship to the applicant or the |
applicant's family. |
(c-5) The court shall provide, through the
office of the |
clerk of the court, the application for waiver of court fees, |
costs, and charges to any person
seeking to sue or defend an |
action who indicates an inability to pay the fees,
costs, and |
charges of the action. The clerk of the court shall post in
a |
conspicuous place in the courthouse a notice no smaller than |
8.5 x 11 inches,
using no smaller than 30-point typeface |
printed in English and in Spanish,
advising
the public that |
they may ask the court for permission to sue or defend a civil
|
action without payment of fees, costs, and charges. The notice |
shall be
substantially as follows:
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"If you are unable to pay the fees, costs, and charges |
of an action you may
ask the court to allow you to proceed |
without paying them. Ask the clerk of
the court for forms."
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(d) (Blank).
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(e) The clerk of the court shall not refuse to accept and |
file any
complaint,
appearance, or other paper presented by the |
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applicant if accompanied by an
application for waiver of court |
fees, costs, and charges, and those papers shall be
considered |
filed on the date the application is presented. If the |
application
is denied or a partial fees, costs, and charges |
waiver is granted, the order shall state a date certain by |
which the necessary fees,
costs, and charges must be paid. For |
good cause shown, the court may allow an
applicant who receives |
a partial fees, costs, and charges waiver to defer payment of |
fees, costs, and
charges, make installment payments, or make |
payment upon reasonable terms and
conditions stated in the |
order. The court may dismiss the claims or strike the defenses |
of
any party failing to pay the fees, costs, and charges within |
the time and in the
manner ordered by the court. A judicial |
ruling on an application for waiver of court assessments does |
not constitute a decision of a substantial issue in the case |
under Section 2-1001 of this Code.
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(f) The order granting a full or partial fees, costs, and |
charges waiver shall expire after one year. Upon expiration of |
the waiver, or a reasonable period of time before expiration, |
the party whose fees, costs, and charges were waived may file |
another application for waiver and the court shall consider the |
application in accordance with the applicable Supreme Court |
Rule.
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(f-5) If, before or at the time of final disposition of the |
case, the court obtains information, including information |
from the court file, suggesting that a person whose fees, |
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costs, and charges were initially waived was not entitled to a |
full or partial waiver at the time of application, the court |
may require the person to appear at a court hearing by giving |
the applicant no less than 10 days' written notice of the |
hearing and the specific reasons why the initial waiver might |
be reconsidered. The court may require the applicant to provide |
reasonably available evidence, including financial |
information, to support his or her eligibility for the waiver, |
but the court shall not require submission of information that |
is unrelated to the criteria for eligibility and application |
requirements set forth in subdivision (b)(1) or (b)(2) of this |
Section. If the court finds that the person was not initially |
entitled to any waiver, the person shall pay all fees, costs, |
and charges relating to the civil action, including any |
previously waived fees, costs, and charges. The order may state |
terms of payment in accordance with subsection (e). The court |
shall not conduct a hearing under this subsection more often |
than once every 6 months. |
(f-10) If, before or at the time of final disposition of |
the case, the court obtains information, including information |
from the court file, suggesting that a person who received a |
full or partial waiver has experienced a change in financial |
condition so that he or she is no longer eligible for that |
waiver, the court may require the person to appear at a court |
hearing by giving the applicant no less than 10 days' written |
notice of the hearing and the specific reasons why the waiver |
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might be reconsidered. The court may require the person to |
provide reasonably available evidence, including financial |
information, to support his or her continued eligibility for |
the waiver, but shall not require submission of information |
that is unrelated to the criteria for eligibility and |
application requirements set forth in subdivisions (b)(1) and |
(b)(2) of this Section. If the court enters an order finding |
that the person is no longer entitled to a waiver, or is |
entitled to a partial waiver different than that which the |
person had previously received, the person shall pay the |
requisite fees, costs, and charges from the date of the order |
going forward. The order may state terms of payment in |
accordance with subsection (e) of this Section. The court shall |
not conduct a hearing under this subsection more often than |
once every 6 months. |
(g) A court, in its discretion, may appoint counsel to |
represent an indigent
person, and that counsel shall perform |
his or her duties without fees, charges,
or reward.
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(h) Nothing in this Section shall be construed to affect |
the right of a
party to sue or defend an action in forma |
pauperis without the payment of fees,
costs, charges, or the |
right of a party to court-appointed counsel, as
authorized by |
any other provision of law or by the rules of the Illinois
|
Supreme Court. Nothing in this Section shall be construed to |
limit the authority of a court to order another party to the |
action to pay the fees, costs, and charges of the action.
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(h-5) If a party is represented by a civil legal services |
provider or an attorney in a court-sponsored pro bono program |
as defined in Section 5-105.5 of this Code, the attorney |
representing that party shall file a certification with the |
court in accordance with Supreme Court Rule 298 and that party |
shall be allowed to sue or defend without payment of fees, |
costs, and charges without filing an application under this |
Section. |
(h-10) (Blank). If an attorney files an appearance on |
behalf of a person whose fees, costs, and charges were |
initially waived under this Section, the attorney must pay all |
fees, costs, and charges relating to the civil action, |
including any previously waived fees, costs, and charges, |
unless the attorney is either a civil legal services provider, |
representing his or her client as part of a court-sponsored pro |
bono program as defined in Section 5-105.1 of this Code, or |
appearing under a limited scope appearance in accordance with |
Supreme Court Rule 13(c)(6). |
(i) The provisions of this Section are severable under |
Section 1.31 of the
Statute on Statutes.
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(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
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Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |