SB1846 EnrolledLRB098 06368 HEP 36410 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 5-105.5 as follows:
 
6    (735 ILCS 5/5-105.5)
7    Sec. 5-105.5. Representation by civil legal services
8provider.
9    (a) As used in this Section:
10    "Civil legal services" means legal services in noncriminal
11matters provided without charge to indigent persons who have
12been found eligible under financial eligibility guidelines
13established by the civil legal services provider.
14    "Court-sponsored pro bono program" means a pro bono program
15established by or in partnership with a circuit court in this
16State for the purpose of providing free civil legal services by
17an organized panel of pro bono attorneys.
18    "Civil legal services provider" means a not-for-profit
19corporation that (i) employs one or more attorneys who are
20licensed to practice law in the State of Illinois and who
21directly provide civil legal services or (ii) is established
22for the purpose of providing civil legal services by an
23organized panel of pro bono attorneys.

 

 

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1    "Eligible client" means an indigent person who has been
2found eligible for civil legal services by a civil legal
3services provider.
4    "Indigent person" means a person whose income is 125% or
5less of the current official federal poverty income guidelines
6or who is otherwise eligible to receive civil legal services
7under the eligibility guidelines of the civil legal services
8provider or court-sponsored pro bono program Legal Services
9Corporation Act of 1974.
10    (b) When a party is represented in a civil action by a
11civil legal services provider or attorney in a court-sponsored
12pro bono program, all fees and costs relating to filing,
13appearing, transcripts on appeal, and service of process shall
14be waived without the necessity of a motion for that purpose,
15and the case shall be given an index number or other
16appropriate filing number, provided that (i) a determination
17has been made by the civil legal services provider or attorney
18in a court-sponsored pro bono program that the party is an
19indigent person and (ii) an attorney's certification that that
20determination has been made is filed with the clerk of the
21court along with the complaint, the appearance, or any other
22paper that would otherwise require payment of a fee.
23    (c) The changes made to this Section by this amendatory Act
24of the 98th General Assembly apply to all actions commenced on
25or after July 1, 2013. The changes made to this Section by this
26amendatory Act of the 98th General Assembly also apply to all

 

 

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1actions pending on or after the effective date of this
2amendatory Act of the 98th General Assembly, but only with
3respect to fees and costs that become due in those actions
4after July 1, 2013.
5(Source: P.A. 88-41.)