Public Act 099-0281
 
HB3933 EnrolledLRB099 04960 HEP 31781 b


  
    AN ACT concerning courts.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  





 
    Section 5. The Access to Justice Act is amended  by changing 
Sections 5, 10, 15, and 20 and  by adding Section 7 as follows:
 
    (705 ILCS 95/5)

    Sec. 5. Findings.
    (a) The justice system in this State can only function 
fairly and effectively when there is meaningful access to legal 
information, resources, and assistance for all litigants, 
regardless of their income or circumstances.

    (b) Increasing numbers of people throughout this State, 
including an increasing number of active duty service members 
and veterans, are coming into the courts without legal 
representation for cases involving important legal matters 
impacting the basics of life such as health, safety, and 
shelter.  In order for the courts to provide fair and efficient 
administration of justice in these cases, it is critical that 
people, and active duty service members and veterans in 
particular, have better access to varying levels of legal 
assistance appropriate for their individual circumstances, 
which will reduce the number of cases the courts must manage 
and reduce unnecessary backlogs and delays in the court system 
for the benefit of all litigants.

    (c) An increasing number of active duty service members and 
veterans in this State have a need for legal information and 
assistance in a variety of matters that are often critical to 
their safety and independence, yet they are often unable to 
access that assistance. Providing access to legal advice and a 
referral system of attorneys for veterans and active duty 
service members, who often have underlying issues as a result 
of their military service, increases the efficiency of the 
court system and advances access to justice for everyone in 
this State. 

(Source: P.A. 98-351, eff. 8-15-13.)
 
    (705 ILCS 95/7 new)
    Sec. 7. Definitions. As used in this Act: 
    (a)

"Foundation" means the Illinois Equal Justice 
Foundation, a not-for-profit corporation created by the 
Illinois State Bar Association and the Chicago Bar Association 
and recognized under the Illinois Equal Justice Act.
    (b) "Illinois Access to Civil Justice Council" or "Council" 
means a special advisory body created by the Foundation.  The 
Council consists of 7 members, appointed as follows: one by the 
Lawyers Trust Fund of Illinois, one by the Chicago Bar 
Foundation, one by the Illinois Bar Foundation, one by the 
Illinois Department of Veterans' Affairs, one by the Illinois 
Attorney General, and 2 by the Foundation or any successor 
entities or agencies as designated by the Council.
 
    (705 ILCS 95/10)

    Sec. 10. Pilot programs. 
    (a) The Illinois Access to Civil Justice Council shall 
General Assembly encourages the Supreme Court to develop: (i) a 
pilot program to create a statewide military personnel and 
veterans' legal assistance hotline and coordinated network of 
legal support resources; and (ii) a pilot program to provide 
court-based legal assistance within a circuit court in each 
appellate district of this State.
    (a-5) The Supreme Court Access to Justice Commission may 
develop a pilot program to provide court-based legal assistance 
services. 
    (b) The General Assembly recommends that the rules 
developing the pilot programs:
        (1) provide intake, screening, and varying levels of 
    legal assistance to ensure that the parties served by these 
    programs have meaningful access to justice;
        (2) gather information on the outcomes associated with 
    providing the services described in paragraph (1) of this 
    subsection; and
        (3) guard against the involuntary waiver of rights or 
    disposition by default.

(Source: P.A. 98-351, eff. 8-15-13.)
 
    (705 ILCS 95/15)

    Sec. 15. Access to Justice Fund. 
    (a) The Access to Justice Fund is created as a special fund 
in the State treasury. The Fund shall consist of fees collected 
under Section 27.3g of the Clerks of Courts Act. Moneys Subject 
to appropriation, moneys in the Access to Justice Fund shall be 
appropriated to the Attorney General for disbursements to the 
Foundation. The Foundation shall use the moneys to make grants 
and distributions used by the Supreme Court for the 
administration of the pilot programs created under this Act. 
Grants or distributions made under this Act to the Foundation 
are subject to the requirements of the Illinois Grant Funds 
Recovery Act.
    (b) In accordance with the requirements of the Illinois 
Equal Justice Act, the Foundation may make grants, enter into 
contracts, and take other actions recommended by the Council to 
effectuate the pilot programs and comply with the other 
requirements of this Act.
    (c) The governing board of the Foundation must prepare and 
submit an annual report to the Governor, the President of the 
Senate, the Minority Leader of the Senate, the Speaker of the 
House of Representatives, the Minority Leader of the House of 
Representatives, and the Justices of the Illinois Supreme 
Court. The report must include: (i) a statement of the total 
receipts and a breakdown by source during each of the previous 
2 calendar years; (ii) a list of the names and addresses of the 
recipients that are currently receiving grants or 
distributions and that received grants or distributions in the 
previous year and the amounts committed to recipients for the 
current year and paid in the previous year; (iii) a breakdown 
of the amounts of grants or distributions paid during the 
previous year to recipients and the amounts committed to each 
recipient for the current year; (iv) a breakdown of the 
Foundation's costs in administering the Fund; (v) a statement 
of the Fund balance at the start and at the close of the 
previous year and the interest earned during the previous year; 
and (vi) any notices the Foundation issued denying applications 
for grants or distributions under this Act. The report, in its 
entirety, is a public record, and the Foundation and the 
Governor shall make the report available for inspection upon 
request.
    (d) The Foundation may annually retain a portion of the 
disbursements it receives under this Section to reimburse the 
Foundation for the actual cost of administering the Council and 
for making the grants and distributions pursuant to this Act 
during that year. 
    (e) No moneys distributed by the Foundation from the Access 
to Justice Fund may be directly or indirectly used for lobbying 
activities, as defined in Section 2 of the Lobbyist 
Registration Act or as defined in any ordinance or resolution 
of a municipality, county, or other unit of local government in 
Illinois.

    (f) The Foundation may make, enter into, and execute 
contracts, agreements, leases, and other instruments with any 
person, including without limitation any federal, State, or 
local governmental agency, and may take other actions that may 
be necessary or convenient to accomplish any purpose authorized 
by this Act.
    (g) The Foundation has the authority to receive and accept 
any and all grants, loans, subsidies, matching funds, 
reimbursements, federal grant moneys, fees for services, and 
other things of value from the federal or State government or 
any agency of any other state or from any institution, person, 
firm, or corporation, public or private, to be used to carry 
out the purposes of this Act.
(Source: P.A. 98-351, eff. 8-15-13.)
 
    (705 ILCS 95/20)

    Sec. 20. Evaluation. The Council Supreme Court shall study 
the effectiveness of the pilot programs implemented under this 
Act and submit a report to the Supreme Court, Governor, and 
General Assembly by June 1, 2021 2017.  The report shall include 
the number of people served by the veteran and active military 
legal hotline and pro bono program and data on how the pilot 
programs expanded access to justice and the impact on 
government programs and community resources in each pilot 
program and data on the impact of varying levels of legal 
assistance on access to justice, the effect on fair and 
efficient court administration, and the impact on government 
programs and community resources.  This report shall describe 
the benefits of providing legal assistance to those who were 
previously unrepresented, both for the clients, the military 
and veteran service organizations, and civil legal aid 
programs, and the courts, and shall describe strategies and 
recommendations for maximizing the benefit of that 
representation in the future. The report shall include an 
assessment of the continuing unmet needs and, if available, 
data regarding those unmet needs.

(Source: P.A. 98-351, eff. 8-15-13.)
 
    Section 10. The Clerks of Courts Act is amended  by changing 
Section 27.3g as follows:
 
    (705 ILCS 105/27.3g)
    (Section scheduled to be repealed on August 15, 2018)
    Sec. 27.3g. Pilot program; Access to Justice Act.
    (a) On and after September 1, 2015 If the Supreme Court 
develops a pilot program to provide court-based legal 
assistance in accordance with Section 10 of the Access to 
Justice Act, all clerks of the circuit court shall charge and 
collect at the time of filing the first pleading, paper, or 
other appearance filed by each party in all civil cases, in 
addition to any other fees, a fee of $2 $10, but no additional 
fee shall be required if more than one party is represented in 
a single pleading, paper, or other appearance. Fees received by 
the clerk of the circuit court under this Section shall be 
remitted by the clerk of the circuit court to the State 
Treasurer, within one month after receipt, to the Supreme Court 
for deposit into the Access to Justice Fund created under 
Section 15 of the Access to Justice Act.
    (b) This Section is repealed on September 1, 2020 5 years 
after the effective date of this amendatory Act of the 98th 
General Assembly.

(Source: P.A. 98-351, eff. 8-15-13.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.