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| Public Act 095-0424 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 22-105 as follows:
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(735 ILCS 5/22-105)
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Sec. 22-105. Frivolous lawsuits filed by prisoners.
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(a) If a prisoner confined in an Illinois Department of | ||||
Corrections facility
files a pleading, motion, or other filing | ||||
which purports to be a legal document
in a case seeking | ||||
post-conviction
relief under Article 122 of the Code of | ||||
Criminal Procedure of 1963,
pursuant to Section 116-3 of the | ||||
Code of Criminal Procedure of 1963,
in a habeas
corpus action | ||||
under Article X of this Code, in a claim under the Court of
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Claims Act, or a second or subsequent petition for relief from | ||||
judgment under Section 2-1401 of this Code or in another action | ||||
against the State, the Illinois Department of
Corrections, or | ||||
the
Prisoner Review Board, or against any of their officers or | ||||
employees and the
Court makes a specific finding that the | ||||
pleading, motion, or other filing which
purports to be a legal | ||||
document filed
by the prisoner is frivolous, the prisoner is | ||||
responsible for the full payment
of filing fees and actual | ||||
court costs.
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On filing the action or proceeding the court shall assess | ||
and, when funds
exist, collect as a partial payment of any | ||
court costs required by law a first
time payment of 50% of the | ||
average monthly balance of the prisoner's trust fund
account | ||
for the past 6 months. Thereafter 50% of all deposits into the
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prisoner's
individual account under Sections 3-4-3 and 3-12-5 | ||
of the Unified Code of
Corrections administered by the Illinois | ||
Department of Corrections shall
be withheld until the actual | ||
court costs are collected in full. The Department
of | ||
Corrections shall forward any moneys withheld to the court of
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jurisdiction. If a prisoner is released before the full
costs | ||
are collected, the Department of Corrections shall forward the | ||
amount of
costs collected through the date of release. The | ||
court of jurisdiction is
responsible for sending the Department | ||
of Corrections a copy of the order
mandating the amount of | ||
court fees to be paid. Nothing in this Section
prohibits an | ||
applicant from filing an action or proceeding if the applicant | ||
is
unable to pay the court costs.
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(b) In this Section, "frivolous" means that a pleading, | ||
motion, or other
filing which
purports to be a legal document | ||
filed by a prisoner in his or her lawsuit meets
any or all of | ||
the following criteria:
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(1) it lacks an arguable basis either in law or in | ||
fact;
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(2) it is being presented for any improper purpose, | ||
such as to harass or
to cause unnecessary delay or needless | ||
increase in the cost of litigation;
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(3) the claims, defenses, and other legal contentions | ||
therein are not
warranted by existing law or by a | ||
nonfrivolous argument for the extension,
modification, or | ||
reversal of existing law or the establishment of new law;
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(4) the allegations and other factual contentions do | ||
not have evidentiary
support or, if specifically so | ||
identified, are not likely to have evidentiary
support | ||
after a reasonable opportunity for further investigation | ||
or discovery;
or
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(5) the denials of factual contentions are not | ||
warranted on the evidence,
or if specifically so | ||
identified, are not reasonably based on a lack of
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information or belief.
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(Source: P.A. 90-505, eff. 8-19-97.)
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