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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended by | |||||||||||||||||||
5 | changing Section 5-105 as follows:
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6 | (735 ILCS 5/5-105) (from Ch. 110, par. 5-105)
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7 | Sec. 5-105. Leave to sue or defend as an indigent person.
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8 | (a) As used in this Section:
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9 | (1) "Fees, costs, and charges" means payments imposed | |||||||||||||||||||
10 | on a party in
connection with the prosecution or defense of | |||||||||||||||||||
11 | a civil action, including, but
not limited to: filing fees; | |||||||||||||||||||
12 | appearance fees; fees for service of process and
other | |||||||||||||||||||
13 | papers served either within or outside this State, | |||||||||||||||||||
14 | including service by
publication pursuant to Section 2-206 | |||||||||||||||||||
15 | of this Code and publication of necessary
legal notices; | |||||||||||||||||||
16 | motion fees; jury demand fees; charges for participation | |||||||||||||||||||
17 | in, or
attendance at, any mandatory process or procedure | |||||||||||||||||||
18 | including, but not limited
to, conciliation, mediation, | |||||||||||||||||||
19 | arbitration, counseling, evaluation, "Children
First", | |||||||||||||||||||
20 | "Focus on Children" or similar programs; fees for | |||||||||||||||||||
21 | supplementary
proceedings; charges for translation | |||||||||||||||||||
22 | services; guardian ad litem fees;
charges for certified | |||||||||||||||||||
23 | copies of court documents; and all other processes and
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1 | procedures deemed by the court to be necessary to commence, | ||||||
2 | prosecute, defend,
or enforce relief in a
civil action.
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3 | (2) "Indigent person" means any person who meets one or | ||||||
4 | more of the
following criteria:
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5 | (i) He or she is receiving assistance under one or | ||||||
6 | more of the
following
public benefits programs: | ||||||
7 | Supplemental Security Income (SSI), Aid to the Aged,
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8 | Blind and Disabled (AABD), Temporary Assistance for | ||||||
9 | Needy Families (TANF),
Food
Stamps, General | ||||||
10 | Assistance, Transitional Assistance, or State Children
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11 | and Family Assistance.
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12 | (ii) His or her available income is 125% or less of | ||||||
13 | the current
poverty
level as established by the United | ||||||
14 | States Department of Health and Human
Services, unless | ||||||
15 | the applicant's assets that are not exempt under Part 9 | ||||||
16 | or 10
of Article XII of this Code are of a nature and | ||||||
17 | value that the court determines
that the applicant is | ||||||
18 | able to pay the fees, costs, and charges.
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19 | (iii) He or she is, in the discretion of the court, | ||||||
20 | unable to proceed
in
an action without payment of fees, | ||||||
21 | costs, and charges and whose payment of
those
fees, | ||||||
22 | costs, and charges would result in substantial | ||||||
23 | hardship to the person or
his or her family.
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24 | (iv) He or she is an indigent person pursuant to | ||||||
25 | Section 5-105.5 of this
Code.
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26 | (b) On the application of any person, before, or after the |
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1 | commencement of
an action, a court, on finding that the | ||||||
2 | applicant is an indigent person, shall
grant the applicant | ||||||
3 | leave to sue or defend the action without payment of the
fees, | ||||||
4 | costs, and charges of the action.
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5 | (c) An application for leave to sue or defend an action as | ||||||
6 | an indigent
person
shall be in writing and supported by the | ||||||
7 | affidavit of the applicant or, if the
applicant is a minor or | ||||||
8 | an incompetent adult, by the affidavit of another
person having | ||||||
9 | knowledge of the facts. The court may require that evidence of | ||||||
10 | income accompany the application. The affidavit shall state | ||||||
11 | that it is made under penalty of perjury. Any other party or | ||||||
12 | his or her agent or attorney may contest the truth of an | ||||||
13 | affidavit of indigency by verifying affirmatively under oath | ||||||
14 | that the affidavit is untrue. The issue shall be heard and | ||||||
15 | determined by the court, under the rules of the court. The | ||||||
16 | contents of the affidavit shall be
established by Supreme Court | ||||||
17 | Rule. An attorney may not charge a fee to an applicant for | ||||||
18 | preparation of an application for leave to sue or defend as an | ||||||
19 | indigent person. The court shall provide, through the
office of | ||||||
20 | the clerk of the court, simplified forms consistent with the
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21 | requirements of this Section and applicable Supreme Court Rules | ||||||
22 | to any person
seeking to sue or defend an action who indicates | ||||||
23 | an inability to pay the fees,
costs, and charges of the action. | ||||||
24 | The application and supporting affidavit may
be incorporated | ||||||
25 | into one simplified form. The clerk of the court shall post in
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26 | a conspicuous place in the courthouse a notice no smaller than |
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1 | 8.5 x 11 inches,
using no smaller than 30-point typeface | ||||||
2 | printed in English and in Spanish,
advising
the public that | ||||||
3 | they may ask the court for permission to sue or defend a civil
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4 | action without payment of fees, costs, and charges. The notice | ||||||
5 | shall be
substantially as follows:
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6 | "If you are unable to pay the fees, costs, and charges | ||||||
7 | of an action you may
ask the court to allow you to proceed | ||||||
8 | without paying them. However, you will be required to | ||||||
9 | reimburse these court fees, costs, and charges at the end | ||||||
10 | of the case if you receive a monetary judgment or | ||||||
11 | settlement. Ask the clerk of
the court for forms."
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12 | (d) The court shall rule on applications under this Section | ||||||
13 | in a timely
manner based on information contained in the | ||||||
14 | application and evidence of current income, if any, unless the | ||||||
15 | court, in
its discretion, requires the
applicant to personally | ||||||
16 | appear to explain or clarify information contained in
the | ||||||
17 | application. If the court finds that the applicant is an | ||||||
18 | indigent person,
the
court shall enter an order permitting the | ||||||
19 | applicant to sue or defend
without payment of fees, costs, or | ||||||
20 | charges. If the application is
denied,
the court shall enter an | ||||||
21 | order to that effect stating the specific reasons for
the | ||||||
22 | denial. The clerk of the court shall promptly mail or deliver a | ||||||
23 | copy of the
order to the applicant.
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24 | (e) The clerk of the court shall not refuse to accept and | ||||||
25 | file any
complaint,
appearance, or other paper presented by the | ||||||
26 | applicant if accompanied by an
application to sue or defend in |
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1 | forma pauperis, and those papers shall be
considered filed on | ||||||
2 | the date the application is presented. If the application
is | ||||||
3 | denied, the order shall state a date certain by which the | ||||||
4 | necessary fees,
costs, and charges must be paid. The court, for | ||||||
5 | good cause shown, may allow an
applicant whose application is | ||||||
6 | denied to defer payment of fees, costs, and
charges, make | ||||||
7 | installment payments, or make payment upon reasonable terms and
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8 | conditions stated in the order. The court may dismiss the | ||||||
9 | claims or defenses of
any party failing to pay the fees, costs, | ||||||
10 | or charges within the time and in the
manner ordered by the | ||||||
11 | court. A determination concerning an application to sue
or | ||||||
12 | defend
in forma pauperis shall not
be construed as a ruling on | ||||||
13 | the merits.
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14 | (f) The court may order an indigent person to pay all or a | ||||||
15 | portion of the
fees, costs, or charges waived pursuant to this | ||||||
16 | Section out of moneys recovered
by the indigent person pursuant | ||||||
17 | to a judgment or settlement resulting from the
civil action. | ||||||
18 | However, nothing in this Section shall be construed to limit | ||||||
19 | the
authority of a court to order another party to the action | ||||||
20 | to pay the fees,
costs, or charges of the action.
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21 | (g) A court, in its discretion, may appoint counsel to | ||||||
22 | represent an indigent
person, and that counsel shall perform | ||||||
23 | his or her duties without fees, charges,
or reward.
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24 | (h) Nothing in this Section shall be construed to affect | ||||||
25 | the right of a
party to sue or defend an action in forma | ||||||
26 | pauperis without the payment of fees,
costs, or charges, or the |
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1 | right of a party to court-appointed counsel, as
authorized by | ||||||
2 | any other provision of law or by the rules of the Illinois
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3 | Supreme Court.
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4 | (i) The provisions of this Section are severable under | ||||||
5 | Section 1.31 of the
Statute on Statutes.
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6 | (Source: P.A. 97-689, eff. 6-14-12; 97-813, eff. 7-13-12.)
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