[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
90_HB3492enr
405 ILCS 5/3-816 from Ch. 91 1/2, par. 3-816
405 ILCS 5/3-818 from Ch. 91 1/2, par. 3-818
405 ILCS 5/4-613 from Ch. 91 1/2, par. 4-613
405 ILCS 5/4-615 from Ch. 91 1/2, par. 4-615
Amends the Mental Health and Developmental Disabilities
Code. Provides that indigent respondents are entitled to
free transcripts of proceedings under the Code. Provides
that payment for the transcripts shall be made from funds
appropriated by the General Assembly to the Administrative
Office of Illinois Courts. Effective immediately.
LRB9011548SMpc
HB3492 Enrolled LRB9011548SMpc
1 AN ACT to amend the Mental Health and Developmental
2 Disabilities Code by changing Sections 3-816, 3-818, 4-613,
3 and 4-615.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Mental Health and Developmental
7 Disabilities Code is amended by changing Sections 3-816,
8 3-818, 4-613, and 4-615 as follows:
9 (405 ILCS 5/3-816) (from Ch. 91 1/2, par. 3-816)
10 Sec. 3-816. Final orders; copies; appeal.
11 (a) Every final order entered by the court under this
12 Act shall be in writing and shall be accompanied by a
13 statement on the record of the court's findings of fact and
14 conclusions of law. A copy of such order shall be promptly
15 given to the recipient or his or her attorney and to the
16 facility director of the facility or alternative treatment to
17 which the recipient is admitted or to the person in whose
18 care and custody the recipient is placed.
19 (b) An appeal from a final order may be taken in the
20 same manner as in other civil cases. Upon entry of a final
21 order, the court shall notify the recipient orally and in
22 writing of his or her right to appeal and, if he or she is
23 indigent, of his or her right to a free transcript and
24 counsel. The cost of the transcript shall be paid pursuant
25 to subsection (c) of Section 3-818 and subsection (c) of
26 Section 4-615 of this Code. If the recipient wishes to
27 appeal and is unable to obtain counsel, counsel shall be
28 appointed pursuant to Section 3-805.
29 (Source: P.A. 88-380.)
30 (405 ILCS 5/3-818) (from Ch. 91 1/2, par. 3-818)
HB3492 Enrolled -2- LRB9011548SMpc
1 Sec. 3-818. Fees; costs.
2 (a) Fees for jury service, witnesses, and service and
3 execution of process are the same as for similar services in
4 civil proceedings.
5 (b) Except as provided under subsection (c) of this
6 Section, the court may assess costs of the proceedings
7 against the parties. If the respondent is not a resident of
8 the county in which the hearing is held and the party against
9 whom the court would otherwise assess costs has insufficient
10 funds to pay the costs, the court may enter an order upon the
11 State to pay the cost of the proceedings, from funds
12 appropriated by the General Assembly for that purpose.
13 (c) If the respondent is a party against whom the court
14 would otherwise assess costs and that respondent is
15 determined by the court to have insufficient funds to pay the
16 cost of transcripts for the purpose of appeal, the court
17 shall enter an order upon the State to pay the cost of one
18 original and one copy of a transcript of proceedings
19 established under this Code. Payment of transcript costs
20 authorized under this subsection (c) shall be paid from funds
21 appropriated by the General Assembly to the Administrative
22 Office of the Illinois Courts.
23 (Source: P.A. 80-1414.)
24 (405 ILCS 5/4-613) (from Ch. 91 1/2, par. 4-613)
25 Sec. 4-613. Final orders; notice; appeals.
26 (a) Every final order of the court shall be in writing
27 and shall be accompanied by a statement on the record of the
28 court's findings of fact and conclusions of law. A copy of
29 such order shall be promptly given to the client, his or her
30 attorney, and the facility director of the developmental
31 disabilities facility or program to which the respondent is
32 admitted.
33 (b) An appeal from a final order may be taken in the
HB3492 Enrolled -3- LRB9011548SMpc
1 same manner as in other civil cases. Upon entry of a final
2 order, the court shall notify the client of his or her right
3 to appeal and, if he or she is indigent, of his or her right
4 to a free transcript and counsel. The cost of the transcript
5 shall be paid pursuant to subsection (c) of Section 3-818 and
6 subsection (c) of Section 4-615 of this Code. If the client
7 wishes to appeal and is unable to obtain counsel, counsel
8 shall be appointed pursuant to the provisions of Section
9 4-605.
10 (Source: P.A. 80-1414.)
11 (405 ILCS 5/4-615) (from Ch. 91 1/2, par. 4-615)
12 Sec. 4-615. Fees; costs; State funds.
13 (a) Fees for jury service, witnesses, and service and
14 execution of process are the same as for similar services in
15 civil proceedings.
16 (b) Except as provided under subsection (c) of this
17 Section, the court may assess costs of the proceedings
18 against the parties. If the respondent is not a resident of
19 the county in which the hearing is held and the party against
20 whom the court would otherwise assess costs has insufficient
21 funds to pay the costs, the court may enter an order upon the
22 State to pay the cost of the proceedings, from funds
23 appropriated by the General Assembly for that purpose.
24 (c) If the respondent is a party against whom the court
25 would otherwise assess costs and that respondent is
26 determined by the court to have insufficient funds to pay the
27 cost of transcripts for the purpose of appeal, the court
28 shall enter an order upon the State to pay the cost of one
29 original and one copy of a transcript of proceedings
30 established under this Code. Payment of transcript costs
31 authorized under this subsection (c) shall be paid from funds
32 appropriated by the General Assembly to the Administrative
33 Office of the Illinois Courts.
HB3492 Enrolled -4- LRB9011548SMpc
1 (Source: P.A. 80-1414.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.