HB2315 103RD GENERAL ASSEMBLY

LRB103 25111 LNS 51446 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2315

Introduced 2/14/2023, by Rep. Hoan Huynh

SYNOPSIS AS INTRODUCED:

735 ILCS 5/9-123 new

Amends the Eviction Article of the Code of Civil Procedure. Requires the court to appoint an attorney for an indigent tenant in an eviction action. Provides that the Supreme Court Access to Justice Commission is responsible for the implementation of such appointments, and the State shall pay the costs of legal services provided by an appointed attorney. Requires the Supreme Court Access to Justice Commission to enter into contracts with attorneys and agencies for the provision of legal services. Requires the Supreme Court Access to Justice Commission to submit to the General Assembly a plan to fully implement the indigent tenant representation requirements within 12 months of the effective date of the amendatory Act.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by adding Section 9-123 as follows:

(735 ILCS 5/9-123 new)

Sec. 9-123. Indigent tenant right to counsel.

(a) As used in this Section, "indigent" means any person who, at any stage of a court proceeding:

(1) receives public assistance;

(2) has been involuntarily committed to a public mental health facility;

(3) has an income of 125% or less of the current federally established poverty line; or

(4) has insufficient funds to retain counsel.

(b) Subject to the availability of amounts appropriated for this specific purpose, the court shall appoint an attorney for an indigent tenant in an eviction action under this Code. The Supreme Court Access to Justice Commission is responsible for the implementation of this Section as provided in subsection (c), and the State shall pay the costs of legal services provided by an attorney appointed under this Section. In implementing this Section, the Supreme Court Access to Justice Commission shall assign priority to providing legal representation to indigent tenants in those counties in which the most evictions occur and to indigent tenants who are disproportionately at risk of eviction.

(c) Moneys appropriated for legal services provided by an attorney appointed under subsection (b) shall be administered by the Supreme Court Access to Justice Commission. The Supreme Court Access to Justice Commission shall enter into contracts with attorneys and agencies for the provision of legal services under this Section to remain within appropriated amounts.

(d) Within 90 days of the effective date of this amendatory Act of the 103rd General Assembly, the Supreme Court Access to Justice Commission shall submit to the General Assembly a plan to fully implement the indigent tenant representation requirements under and consistent with this Section within 12 months of the effective date of this amendatory Act of the 103rd General Assembly.