SB1504 EnrolledLRB101 07381 LNS 52421 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 5-105 as follows:
 
6    (735 ILCS 5/5-105)  (from Ch. 110, par. 5-105)
7    (Text of Section before amendment by P.A. 100-987 and
8100-1161)
9    Sec. 5-105. Leave to sue or defend as an indigent person.
10    (a) As used in this Section:
11        (1) "Fees, costs, and charges" means payments imposed
12    on a party in connection with the prosecution or defense of
13    a civil action, including, but not limited to: filing fees;
14    appearance fees; fees for service of process and other
15    papers served either within or outside this State,
16    including service by publication pursuant to Section 2-206
17    of this Code and publication of necessary legal notices;
18    motion fees; jury demand fees; charges for participation
19    in, or attendance at, any mandatory process or procedure
20    including, but not limited to, conciliation, mediation,
21    arbitration, counseling, evaluation, "Children First",
22    "Focus on Children" or similar programs; fees for
23    supplementary proceedings; charges for translation

 

 

SB1504 Enrolled- 2 -LRB101 07381 LNS 52421 b

1    services; guardian ad litem fees; charges for certified
2    copies of court documents; and all other processes and
3    procedures deemed by the court to be necessary to commence,
4    prosecute, defend, or enforce relief in a civil action.
5        (2) "Indigent person" means any person who meets one or
6    more of the following criteria:
7            (i) He or she is receiving assistance under one or
8        more of the following public benefits programs:
9        Supplemental Security Income (SSI), Aid to the Aged,
10        Blind and Disabled (AABD), Temporary Assistance for
11        Needy Families (TANF), Food Stamps, General
12        Assistance, Transitional Assistance, or State Children
13        and Family Assistance.
14            (ii) His or her available income is 125% or less of
15        the current poverty level as established by the United
16        States Department of Health and Human Services, unless
17        the applicant's assets that are not exempt under Part 9
18        or 10 of Article XII of this Code are of a nature and
19        value that the court determines that the applicant is
20        able to pay the fees, costs, and charges.
21            (iii) He or she is, in the discretion of the court,
22        unable to proceed in an action without payment of fees,
23        costs, and charges and whose payment of those fees,
24        costs, and charges would result in substantial
25        hardship to the person or his or her family.
26            (iv) He or she is an indigent person pursuant to

 

 

SB1504 Enrolled- 3 -LRB101 07381 LNS 52421 b

1        Section 5-105.5 of this Code.
2    (b) On the application of any person, before, or after the
3commencement of an action, a court, on finding that the
4applicant is an indigent person, shall grant the applicant
5leave to sue or defend the action without payment of the fees,
6costs, and charges of the action.
7    (c) An application for leave to sue or defend an action as
8an indigent person shall be in writing and supported by the
9affidavit of the applicant or, if the applicant is a minor or
10an incompetent adult, by the affidavit of another person having
11knowledge of the facts. The contents of the affidavit shall be
12established by Supreme Court Rule. The court shall provide,
13through the office of the clerk of the court, simplified forms
14consistent with the requirements of this Section and applicable
15Supreme Court Rules to any person seeking to sue or defend an
16action who indicates an inability to pay the fees, costs, and
17charges of the action. The application and supporting affidavit
18may be incorporated into one simplified form. The clerk of the
19court shall post in a conspicuous place in the courthouse a
20notice no smaller than 8.5 x 11 inches, using no smaller than
2130-point typeface printed in English and in Spanish, advising
22the public that they may ask the court for permission to sue or
23defend a civil action without payment of fees, costs, and
24charges. The notice shall be substantially as follows:
25        "If you are unable to pay the fees, costs, and charges
26    of an action you may ask the court to allow you to proceed

 

 

SB1504 Enrolled- 4 -LRB101 07381 LNS 52421 b

1    without paying them. Ask the clerk of the court for forms."
2    (d) The court shall rule on applications under this Section
3in a timely manner based on information contained in the
4application unless the court, in its discretion, requires the
5applicant to personally appear to explain or clarify
6information contained in the application. If the court finds
7that the applicant is an indigent person, the court shall enter
8an order permitting the applicant to sue or defend without
9payment of fees, costs, or charges. If the application is
10denied, the court shall enter an order to that effect stating
11the specific reasons for the denial. The clerk of the court
12shall promptly mail or deliver a copy of the order to the
13applicant.
14    (e) The clerk of the court shall not refuse to accept and
15file any complaint, appearance, or other paper presented by the
16applicant if accompanied by an application to sue or defend in
17forma pauperis, and those papers shall be considered filed on
18the date the application is presented. If the application is
19denied, the order shall state a date certain by which the
20necessary fees, costs, and charges must be paid. The court, for
21good cause shown, may allow an applicant whose application is
22denied to defer payment of fees, costs, and charges, make
23installment payments, or make payment upon reasonable terms and
24conditions stated in the order. The court may dismiss the
25claims or defenses of any party failing to pay the fees, costs,
26or charges within the time and in the manner ordered by the

 

 

SB1504 Enrolled- 5 -LRB101 07381 LNS 52421 b

1court. A determination concerning an application to sue or
2defend in forma pauperis shall not be construed as a ruling on
3the merits.
4    (f) The court may order an indigent person to pay all or a
5portion of the fees, costs, or charges waived pursuant to this
6Section out of moneys recovered by the indigent person pursuant
7to a judgment or settlement resulting from the civil action.
8However, nothing in this Section shall be construed to limit
9the authority of a court to order another party to the action
10to pay the fees, costs, or charges of the action.
11    (g) A court, in its discretion, may appoint counsel to
12represent an indigent person, and that counsel shall perform
13his or her duties without fees, charges, or reward.
14    (h) Nothing in this Section shall be construed to affect
15the right of a party to sue or defend an action in forma
16pauperis without the payment of fees, costs, or charges, or the
17right of a party to court-appointed counsel, as authorized by
18any other provision of law or by the rules of the Illinois
19Supreme Court.
20    (i) The provisions of this Section are severable under
21Section 1.31 of the Statute on Statutes.
22(Source: P.A. 97-689, eff. 6-14-12; 97-813, eff. 7-13-12.)
 
23    (Text of Section after amendment by P.A. 100-987 and
24100-1161)
25    Sec. 5-105. Waiver of court fees, costs, and charges.

 

 

SB1504 Enrolled- 6 -LRB101 07381 LNS 52421 b

1    (a) As used in this Section:
2        (1) "Fees, costs, and charges" means payments imposed
3    on a party in connection with the prosecution or defense of
4    a civil action, including, but not limited to: fees set
5    forth in Section 27.1b of the Clerks of Courts Act; fees
6    for service of process and other papers served either
7    within or outside this State, including service by
8    publication pursuant to Section 2-206 of this Code and
9    publication of necessary legal notices; motion fees;
10    charges for participation in, or attendance at, any
11    mandatory process or procedure including, but not limited
12    to, conciliation, mediation, arbitration, counseling,
13    evaluation, "Children First", "Focus on Children" or
14    similar programs; fees for supplementary proceedings;
15    charges for translation services; guardian ad litem fees;
16    and all other processes and procedures deemed by the court
17    to be necessary to commence, prosecute, defend, or enforce
18    relief in a civil action.
19        (2) "Indigent person" means any person who meets one or
20    more of the following criteria:
21            (i) He or she is receiving assistance under one or
22        more of the following means-based governmental public
23        benefits programs: Supplemental Security Income (SSI),
24        Aid to the Aged, Blind and Disabled (AABD), Temporary
25        Assistance for Needy Families (TANF), Supplemental
26        Nutrition Assistance Program (SNAP), General

 

 

SB1504 Enrolled- 7 -LRB101 07381 LNS 52421 b

1        Assistance, Transitional Assistance, or State Children
2        and Family Assistance.
3            (ii) His or her available personal income is 125%
4        or less of the current poverty level, unless the
5        applicant's assets that are not exempt under Part 9 or
6        10 of Article XII of this Code are of a nature and
7        value that the court determines that the applicant is
8        able to pay the fees, costs, and charges.
9            (iii) He or she is, in the discretion of the court,
10        unable to proceed in an action without payment of fees,
11        costs, and charges and whose payment of those fees,
12        costs, and charges would result in substantial
13        hardship to the person or his or her family.
14            (iv) He or she is an indigent person pursuant to
15        Section 5-105.5 of this Code.
16        (3) "Poverty level" means the current poverty level as
17    established by the United States Department of Health and
18    Human Services.
19    (b) On the application of any person, before or after the
20commencement of an action:
21        (1) If the court finds that the applicant is an
22    indigent person, the court shall grant the applicant a full
23    fees, costs, and charges waiver entitling him or her to sue
24    or defend the action without payment of any of the fees,
25    costs, and charges.
26        (2) If the court finds that the applicant satisfies any

 

 

SB1504 Enrolled- 8 -LRB101 07381 LNS 52421 b

1    of the criteria contained in items (i), (ii), or (iii) of
2    this subdivision (b)(2), the court shall grant the
3    applicant a partial fees, costs, and charges waiver
4    entitling him or her to sue or defend the action upon
5    payment of the applicable percentage of the assessments,
6    costs, and charges of the action, as follows:
7            (i) the court shall waive 75% of all fees, costs,
8        and charges if the available income of the applicant is
9        greater than 125% but does not exceed 150% of the
10        poverty level, unless the assets of the applicant that
11        are not exempt under Part 9 or 10 of Article XII of
12        this Code are such that the applicant is able, without
13        undue hardship, to pay a greater portion of the fees,
14        costs, and charges;
15            (ii) the court shall waive 50% of all fees, costs,
16        and charges if the available income is greater than
17        150% but does not exceed 175% of the poverty level,
18        unless the assets of the applicant that are not exempt
19        under Part 9 or 10 of Article XII of this Code are such
20        that the applicant is able, without undue hardship, to
21        pay a greater portion of the fees, costs, and charges;
22        and
23            (iii) the court shall waive 25% of all fees, costs,
24        and charges if the available income of the applicant is
25        greater than 175% but does not exceed 200% of the
26        current poverty level, unless the assets of the

 

 

SB1504 Enrolled- 9 -LRB101 07381 LNS 52421 b

1        applicant that are not exempt under Part 9 or 10 of
2        Article XII of this Code are such that the applicant is
3        able, without undue hardship, to pay a greater portion
4        of the fees, costs, and charges.
5    (c) An application for waiver of court fees, costs, and
6charges shall be in writing and signed by the applicant, or, if
7the applicant is a minor or an incompetent adult, by another
8person having knowledge of the facts. The contents of the
9application for waiver of court fees, costs, and charges, and
10the procedure for the decision of the applications, shall be
11established by Supreme Court Rule. Factors to consider in
12evaluating an application shall include:
13        (1) the applicant's receipt of needs based
14    governmental public benefits, including Supplemental
15    Security Income (SSI); Aid to the Aged, Blind and Disabled
16    (ADBD); Temporary Assistance for Needy Families (TANF);
17    Supplemental Nutrition Assistance Program (SNAP or "food
18    stamps"); General Assistance; Transitional Assistance; or
19    State Children and Family Assistance;
20        (2) the employment status of the applicant and amount
21    of monthly income, if any;
22        (3) income received from the applicant's pension,
23    Social Security benefits, unemployment benefits, and other
24    sources;
25        (4) income received by the applicant from other
26    household members;

 

 

SB1504 Enrolled- 10 -LRB101 07381 LNS 52421 b

1        (5) the applicant's monthly expenses, including rent,
2    home mortgage, other mortgage, utilities, food, medical,
3    vehicle, childcare, debts, child support, and other
4    expenses; and
5        (6) financial affidavits or other similar supporting
6    documentation provided by the applicant showing that
7    payment of the imposed fees, costs, and charges would
8    result in substantial hardship to the applicant or the
9    applicant's family.
10    (c-5) The court shall provide, through the office of the
11clerk of the court, the application for waiver of court fees,
12costs, and charges to any person seeking to sue or defend an
13action who indicates an inability to pay the fees, costs, and
14charges of the action. The clerk of the court shall post in a
15conspicuous place in the courthouse a notice no smaller than
168.5 x 11 inches, using no smaller than 30-point typeface
17printed in English and in Spanish, advising the public that
18they may ask the court for permission to sue or defend a civil
19action without payment of fees, costs, and charges. The notice
20shall be substantially as follows:
21        "If you are unable to pay the fees, costs, and charges
22    of an action you may ask the court to allow you to proceed
23    without paying them. Ask the clerk of the court for forms."
24    (d) (Blank).
25    (e) The clerk of the court shall not refuse to accept and
26file any complaint, appearance, or other paper presented by the

 

 

SB1504 Enrolled- 11 -LRB101 07381 LNS 52421 b

1applicant if accompanied by an application for waiver of court
2fees, costs, and charges, and those papers shall be considered
3filed on the date the application is presented. If the
4application is denied or a partial fees, costs, and charges
5waiver is granted, the order shall state a date certain by
6which the necessary fees, costs, and charges must be paid. For
7good cause shown, the court may allow an applicant who receives
8a partial fees, costs, and charges waiver to defer payment of
9fees, costs, and charges, make installment payments, or make
10payment upon reasonable terms and conditions stated in the
11order. The court may dismiss the claims or strike the defenses
12of any party failing to pay the fees, costs, and charges within
13the time and in the manner ordered by the court. A judicial
14ruling on an application for waiver of court assessments does
15not constitute a decision of a substantial issue in the case
16under Section 2-1001 of this Code.
17    (f) The order granting a full or partial fees, costs, and
18charges waiver shall expire after one year. Upon expiration of
19the waiver, or a reasonable period of time before expiration,
20the party whose fees, costs, and charges were waived may file
21another application for waiver and the court shall consider the
22application in accordance with the applicable Supreme Court
23Rule.
24    (f-5) If, before or at the time of final disposition of the
25case, the court obtains information, including information
26from the court file, suggesting that a person whose fees,

 

 

SB1504 Enrolled- 12 -LRB101 07381 LNS 52421 b

1costs, and charges were initially waived was not entitled to a
2full or partial waiver at the time of application, the court
3may require the person to appear at a court hearing by giving
4the applicant no less than 10 days' written notice of the
5hearing and the specific reasons why the initial waiver might
6be reconsidered. The court may require the applicant to provide
7reasonably available evidence, including financial
8information, to support his or her eligibility for the waiver,
9but the court shall not require submission of information that
10is unrelated to the criteria for eligibility and application
11requirements set forth in subdivision (b)(1) or (b)(2) of this
12Section. If the court finds that the person was not initially
13entitled to any waiver, the person shall pay all fees, costs,
14and charges relating to the civil action, including any
15previously waived fees, costs, and charges. The order may state
16terms of payment in accordance with subsection (e). The court
17shall not conduct a hearing under this subsection more often
18than once every 6 months.
19    (f-10) If, before or at the time of final disposition of
20the case, the court obtains information, including information
21from the court file, suggesting that a person who received a
22full or partial waiver has experienced a change in financial
23condition so that he or she is no longer eligible for that
24waiver, the court may require the person to appear at a court
25hearing by giving the applicant no less than 10 days' written
26notice of the hearing and the specific reasons why the waiver

 

 

SB1504 Enrolled- 13 -LRB101 07381 LNS 52421 b

1might be reconsidered. The court may require the person to
2provide reasonably available evidence, including financial
3information, to support his or her continued eligibility for
4the waiver, but shall not require submission of information
5that is unrelated to the criteria for eligibility and
6application requirements set forth in subdivisions (b)(1) and
7(b)(2) of this Section. If the court enters an order finding
8that the person is no longer entitled to a waiver, or is
9entitled to a partial waiver different than that which the
10person had previously received, the person shall pay the
11requisite fees, costs, and charges from the date of the order
12going forward. The order may state terms of payment in
13accordance with subsection (e) of this Section. The court shall
14not conduct a hearing under this subsection more often than
15once every 6 months.
16    (g) A court, in its discretion, may appoint counsel to
17represent an indigent person, and that counsel shall perform
18his or her duties without fees, charges, or reward.
19    (h) Nothing in this Section shall be construed to affect
20the right of a party to sue or defend an action in forma
21pauperis without the payment of fees, costs, charges, or the
22right of a party to court-appointed counsel, as authorized by
23any other provision of law or by the rules of the Illinois
24Supreme Court. Nothing in this Section shall be construed to
25limit the authority of a court to order another party to the
26action to pay the fees, costs, and charges of the action.

 

 

SB1504 Enrolled- 14 -LRB101 07381 LNS 52421 b

1    (h-5) If a party is represented by a civil legal services
2provider or an attorney in a court-sponsored pro bono program
3as defined in Section 5-105.5 of this Code, the attorney
4representing that party shall file a certification with the
5court in accordance with Supreme Court Rule 298 and that party
6shall be allowed to sue or defend without payment of fees,
7costs, and charges without filing an application under this
8Section.
9    (h-10) (Blank). If an attorney files an appearance on
10behalf of a person whose fees, costs, and charges were
11initially waived under this Section, the attorney must pay all
12fees, costs, and charges relating to the civil action,
13including any previously waived fees, costs, and charges,
14unless the attorney is either a civil legal services provider,
15representing his or her client as part of a court-sponsored pro
16bono program as defined in Section 5-105.1 of this Code, or
17appearing under a limited scope appearance in accordance with
18Supreme Court Rule 13(c)(6).
19    (i) The provisions of this Section are severable under
20Section 1.31 of the Statute on Statutes.
21(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
 
22    Section 95. No acceleration or delay. Where this Act makes
23changes in a statute that is represented in this Act by text
24that is not yet or no longer in effect (for example, a Section
25represented by multiple versions), the use of that text does

 

 

SB1504 Enrolled- 15 -LRB101 07381 LNS 52421 b

1not accelerate or delay the taking effect of (i) the changes
2made by this Act or (ii) provisions derived from any other
3Public Act.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.