HB2387sam001 104TH GENERAL ASSEMBLY

Sen. Laura Fine

Filed: 5/8/2025

10400HB2387sam001 LRB104 08542 RLC 26044 a

AMENDMENT TO HOUSE BILL 2387

AMENDMENT NO. ______. Amend House Bill 2387 by replacing everything after the enacting clause with the following:

"Section 5. The Mental Health and Developmental Disabilities Code is amended by changing Section 3-100 as follows:

(405 ILCS 5/3-100) (from Ch. 91 1/2, par. 3-100)

Sec. 3-100. Jurisdiction over involuntary admissions.

(a) The circuit court has jurisdiction under this Chapter over persons not charged with a felony who are subject to involuntary admission.

(b) The circuit court has jurisdiction over all persons who are subject to involuntary admission on an outpatient basis under Article VII-A of this Chapter. This subsection (b) is inoperative on and after January 1, 2030.

(c) Inmates of penal institutions shall not be considered as charged with a felony within the meaning of this Chapter. Court proceedings under Article VIII of this Chapter may be instituted as to any such inmate at any time within 90 days prior to discharge of such inmate by expiration of sentence or otherwise, and if such inmate is found to be subject to involuntary admission, the order of the court ordering hospitalization or other disposition shall become effective at the time of discharge of the inmate from penal custody.

(d) The circuit court has jurisdiction over all persons alleged to be in need of treatment under Section 2-107.1 of this Code, whether or not they are charged with a felony.

(Source: P.A. 99-179, eff. 7-29-15.)

Section 10. The Clerks of Courts Act is amended by changing Section 27.1c as follows:

(705 ILCS 105/27.1c)

Sec. 27.1c. Assessment report.

(a) Not later than March 1, 2022, and March 1 of every year thereafter, the clerk of the circuit court shall submit to the Administrative Office of the Illinois Courts an annual report for the period January 1 through December 31 of the previous year. The report shall contain, with respect to each of the 4 categories of civil cases established by the Supreme Court pursuant to Section 27.1b of this Act:

(1) the total number of cases that were filed;

(2) the amount of filing fees that were collected pursuant to subsection (a) of Section 27.1b;

(3) the amount of appearance fees that were collected pursuant to subsection (b) of Section 27.1b;

(4) the amount of fees collected pursuant to subsection (b-5) of Section 27.1b;

(5) the amount of filing fees collected for counterclaims or third party complaints pursuant to subsection (c) of Section 27.1b;

(6) the nature and amount of any fees collected pursuant to subsection (y) of Section 27.1b; and

(7) the number of cases for which, pursuant to Section 5-105 of the Code of Civil Procedure, there were waivers of fees, costs, and charges of 25%, 50%, 75%, or 100%, respectively, and the associated amount of fees, costs, and charges that were waived.

(b) The Administrative Office of the Illinois Courts shall publish the reports submitted under this Section on its website.

(c) (Blank).

(c-5) Not later than March 1, 2026, and March 1 of every year thereafter, the clerk of the circuit court shall submit to the Administrative Office of the Illinois Courts a report for the previous calendar year containing the total number of petitions filed asserting that a person is subject to involuntary admission on an outpatient basis pursuant to Section 3-751 of the Mental Health and Developmental Disabilities Code. This subsection (c) is inoperative on and after January 1, 2030.

(Source: P.A. 101-645, eff. 6-26-20; 102-145, eff. 7-23-21.)".