MAHAR, FITZGERALD, DILLARD, LINK, WELCH,
SEVERNS AND LAUZEN.
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
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
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 3 SENATE - 1
END OF INQUIRY
Full Text Bill Status