SB1846eng 98TH GENERAL ASSEMBLY

SB1846 Engrossed LRB098 06368 HEP 36410 b

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 changing Section 5-105.5 as follows:

(735 ILCS 5/5-105.5)

Sec. 5-105.5. Representation by civil legal services provider.

(a) As used in this Section:

"Civil legal services" means legal services in noncriminal matters provided without charge to indigent persons who have been found eligible under financial eligibility guidelines established by the civil legal services provider.

"Court-sponsored pro bono program" means a pro bono program established by or in partnership with a circuit court in this State for the purpose of providing free civil legal services by an organized panel of pro bono attorneys.

"Civil legal services provider" means a not-for-profit corporation that (i) employs one or more attorneys who are licensed to practice law in the State of Illinois and who directly provide civil legal services or (ii) is established for the purpose of providing civil legal services by an organized panel of pro bono attorneys.

"Eligible client" means an indigent person who has been found eligible for civil legal services by a civil legal services provider.

"Indigent person" means a person whose income is 125% or less of the current official federal poverty income guidelines or who is otherwise eligible to receive civil legal services under the eligibility guidelines of the civil legal services provider or court-sponsored pro bono program Legal Services Corporation Act of 1974.

(b) When a party is represented in a civil action by a civil legal services provider or attorney in a court-sponsored pro bono program, all fees and costs relating to filing, appearing, transcripts on appeal, and service of process shall be waived without the necessity of a motion for that purpose, and the case shall be given an index number or other appropriate filing number, provided that (i) a determination has been made by the civil legal services provider or attorney in a court-sponsored pro bono program that the party is an indigent person and (ii) an attorney's certification that that determination has been made is filed with the clerk of the court along with the complaint, the appearance, or any other paper that would otherwise require payment of a fee.

(c) The changes made to this Section by this amendatory Act of the 98th General Assembly apply to all actions commenced on or after July 1, 2013. The changes made to this Section by this amendatory Act of the 98th General Assembly also apply to all actions pending on or after the effective date of this amendatory Act of the 98th General Assembly, but only with respect to fees and costs that become due in those actions after July 1, 2013.

(Source: P.A. 88-41.)