Sen. William R. Haine
Filed: 3/21/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1026 




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    AMENDMENT NO. ______. Amend Senate Bill 1026  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Code of Civil Procedure is amended by 
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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 
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Corrections facility
files a pleading, motion, or other filing 
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which purports to be a legal document
in a case seeking 
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post-conviction
relief under Article 122 of the Code of 
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Criminal Procedure of 1963,
pursuant to Section 116-3 of the 
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Code of Criminal Procedure of 1963,
in a habeas
corpus action 
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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 
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judgment under Section 2-1401 of this Code or in another action 
 


 






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against the State, the Illinois Department of
Corrections, or 
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the
Prisoner Review Board, or against any of their officers or 
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employees and the
Court makes a specific finding that the 
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pleading, motion, or other filing which
purports to be a legal 
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document filed
by the prisoner is frivolous, the prisoner is 
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responsible for the full payment
of filing fees and actual 
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court costs.

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    On filing the action or proceeding the court shall assess 
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and, when funds
exist, collect as a partial payment of any 
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court costs required by law a first
time payment of 50% of the 
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average monthly balance of the prisoner's trust fund
account 
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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 
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of the Unified Code of
Corrections administered by the Illinois 
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Department of Corrections shall
be withheld until the actual 
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court costs are collected in full.  The Department
of 
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Corrections shall forward any moneys withheld to the court of

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jurisdiction.  If a prisoner is released before the full
costs 
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are collected, the Department of Corrections shall forward the 
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amount of
costs collected through the date of release.  The 
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court of jurisdiction is
responsible for sending the Department 
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of Corrections a copy of the order
mandating the amount of 
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court fees to be paid.  Nothing in this Section
prohibits an 
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applicant from filing an action or proceeding if the applicant 
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is
unable to pay the court costs.

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    (b) In this Section, "frivolous" means that a pleading, 
 


 






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motion, or other
filing which
purports to be a legal document 
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filed by a prisoner in his or her lawsuit meets
any or all of 
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the following criteria:


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        (1) it lacks an arguable basis either in law or in 
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    fact;


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        (2) it is being presented for any improper purpose, 
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    such as to harass or
to cause unnecessary delay or needless 
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    increase in the cost of litigation;


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        (3) the claims, defenses, and other legal contentions 
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    therein are not
warranted by existing law or by a 
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    nonfrivolous argument for the extension,
modification, or 
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    reversal of existing law or the establishment of new law;


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        (4) the allegations and other factual contentions do 
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    not have evidentiary
support or, if specifically so 
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    identified, are not likely to have evidentiary
support 
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    after a reasonable opportunity for further investigation 
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    or discovery;
or


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        (5) the denials of factual contentions are not 
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    warranted on the evidence,
or if specifically so 
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    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.)".