Senate Sponsors: FAWELL-LUECHTEFELD-WATSON-BOMKE-DUDYCZ, MAHAR, FITZGERALD, DILLARD, LINK, WELCH, SEVERNS AND LAUZEN. House Sponsors: ROSKAM-BOST-SCULLY-GASH-NOVAK Short description: FRIVOLOUS LAWSUITS-PRISONR PAY Synopsis of Bill as introduced: Amends the Clerks of Courts Act, the Court of Claims Act, the Code of Criminal Procedure of 1963, the Unified Code of Corrections, and the Code of Civil Procedure. Provides that if a prisoner files certain frivolous lawsuits against the State, Illinois Department of Corrections, or the Prisoner Review Board or against any of their officers or employees, the prisoner shall be responsible for paying for the costs of the lawsuit. Provides for a deduction from the prisoner's account to pay for these costs. Effective immediately. SENATE AMENDMENT NO. 1. Makes a change in the numbering of a paragraph of a Section defining frivolous. CORRECTIONAL NOTE, S-AM 1 There would be no population impact; fiscal impact is unknown. HOUSE AMENDMENT NO. 1. Adds reference to: 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 Changes definition of frivolous to include a filing that purports to be a legal document rather than paper. Provides that one of the criteria in order to be frivolous is that the pleading, motion, or filing lacks an arguable basis either in law or in fact. Provides that a prisoner who files a frivolous lawsuit must pay filing fees as well as costs of the suit. Makes other changes. Requires the court to assess a prisoner filing an action as a first time payment of 50% of the average monthly balance of the prisoner's trust fund account for the past 6 months. Thereafter requires 50% of the prisoner's account to be withheld until fees and costs are collected. HOUSE AMENDMENT NO. 2. Adds reference to: 705 ILCS 75/3 from Ch. 37, par. 663 705 ILCS 75/4 from Ch. 37, par. 664 705 ILCS 75/5 from Ch. 37, par. 665 Amends the Court Reporter Transcript Act. Provides that upon court order, the official court reporter shall transcribe and furnish an original and "a copy or copies" (rather than "a copy") of the pre-trial and trial proceedings of an indigent defendant in a criminal case. Provides that fees for copies shall be paid when those fees are authorized by statute or Supreme Court Rule. HOUSE AMENDMENT NO. 4. Provides that the frivolous lawsuits filed by prisoners provisions added to the Clerks of Courts Act and the Frivolous Lawsuits Filed By Prisoners Article added to the Code of Civil Procedure take effect if and only if House Bill 2138 in the form as it passed the House does not become law by August 31, 1997. Provides that the frivolous lawsuits filed by prisoners provisions added to the Clerks of Courts Act and the Frivolous Lawsuits Filed By Prisoners Article added to the Code of Civil Procedure take effect if and only if House Bill 2138 in the form it passed the House becomes law by August 31, 1997. Makes a cross reference to a provision in House Bill 2138 relating to forensic testing. CONFERENCE COMMITTEE REPORT NO. 1. Recommends that the Senate concur in H-am 4. Adds reference to: 725 ILCS 105/10.5 Recommends that the bill be further amended as follows: Further amends the bill. Provides that the court shall collect a first time payment of 50% of the average montly balance of the prison- er's trust fund account for the past 6 months (rather than 20%) if the prisoner files a lawsuit. Provides that the Dept. of Corrections shall forward moneys withheld to the court of jurisdiction (instead of annually forwarding moneys withheld to the court of jurisdiction before January 31). Makes other changes. Amends the State Appellate Defender Act to permit the State Appellate Defender to the extent necessary to dispose of its backlog of indigent criminal appeals to institute a competitive bidding program under which contracts for the services of attorneys in non-death penalty criminal appeals are awarded to the lowest responsible bidder (now the State Appellate Defender must provide that contracts for the services of attorneys representing indigent defendants on appeal in non-death penalty criminal appeals be awarded to the lowest responsible bidder. Last action on Bill: PUBLIC ACT.............................. 90-0505 Last action date: 97-08-19 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 3 SENATE - 1 END OF INQUIRY Full Text Bill Status