Public Act 101-0036
 
SB1504 EnrolledLRB101 07381 LNS 52421 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Code of Civil Procedure is amended  by 
changing Section 5-105 as follows:
 


    (735 ILCS 5/5-105)  (from Ch. 110, par. 5-105)


    (Text of Section before amendment by P.A. 100-987 and 
100-1161)


    Sec. 5-105. Leave to sue or defend as an indigent person. 

    (a) As used in this Section:

        (1) "Fees, costs, and charges" means payments imposed 
    on a party in
connection with the prosecution or defense of 
    a civil action, including, but
not limited to: filing fees; 
    appearance fees; fees for service of process and
other 
    papers served either within or outside this State, 
    including service by
publication pursuant to Section 2-206 
    of this Code and publication of necessary
legal notices; 
    motion fees; jury demand fees; charges for participation 
    in, or
attendance at, any mandatory process or procedure 
    including, but not limited
to, conciliation, mediation, 
    arbitration, counseling, evaluation, "Children
First", 
    "Focus on Children" or similar programs; fees for 
    supplementary
proceedings; charges for translation 
    services; guardian ad litem fees;
charges for certified 
    copies of court documents; and all other processes and

    procedures deemed by the court to be necessary to commence, 
    prosecute, defend,
or enforce relief in a
civil action.

        (2) "Indigent person" means any person who meets one or 
    more of the
following criteria:

            (i) He or she is receiving assistance under one or 
        more of the
following
public benefits programs:  
        Supplemental Security Income (SSI), Aid to the Aged,

        Blind and Disabled (AABD), Temporary Assistance for 
        Needy Families (TANF),
 Food
Stamps, General 
        Assistance, Transitional Assistance, or State Children

        and Family Assistance.

            (ii) His or her available income is 125% or less of 
        the current
poverty
level as established by the United 
        States Department of Health and Human
Services, unless 
        the applicant's assets that are not exempt under Part 9 
        or 10
of Article XII of this Code are of a nature and 
        value that the court determines
that the applicant is 
        able to pay the fees, costs, and charges.

            (iii) He or she is, in the discretion of the court, 
        unable to proceed
in
an action without payment of fees, 
        costs, and charges and whose payment of
those
fees, 
        costs, and charges would result in substantial 
        hardship to the person or
his or her family.

            (iv) He or she is an indigent person pursuant to 
        Section 5-105.5 of this
Code.

    (b) On the application of any person, before, or after the 
commencement of
an action, a court, on finding that the 
applicant is an indigent person, shall
grant the applicant 
leave to sue or defend the action without payment of the
fees, 
costs, and charges of the action.

    (c) An application for leave to sue or defend an action as 
an indigent
person
shall be in writing and supported by the 
affidavit of the applicant or, if the
applicant is a minor or 
an incompetent adult, by the affidavit of another
person having 
knowledge of the facts.  The contents of the affidavit shall be

established by Supreme Court Rule.  The court shall provide, 
through the
office of the clerk of the court, simplified forms 
consistent with the
requirements of this Section and applicable 
Supreme Court Rules to any person
seeking to sue or defend an 
action who indicates an inability to pay the fees,
costs, and 
charges of the action.  The application and supporting affidavit 
may
be incorporated into one simplified form.  The clerk of the 
court shall post in
a conspicuous place in the courthouse a 
notice no smaller than 8.5 x 11 inches,
using no smaller than 
30-point typeface printed in English and in Spanish,
advising

the public that they may ask the court for permission to sue or 
defend a civil
action without payment of fees, costs, and 
charges.  The notice shall be
substantially as follows:

        "If you are unable to pay the fees, costs, and charges 
    of an action you may
ask the court to allow you to proceed 
    without paying them.  Ask the clerk of
the court for forms."

    (d) The court shall rule on applications under this Section 
in a timely
manner based on information contained in the 
application unless the court, in
its discretion, requires the

applicant to personally appear to explain or clarify 
information contained in
the application. If the court finds 
that the applicant is an indigent person,
the
court shall enter 
an order permitting the applicant to sue or defend
without 
payment of fees, costs, or charges. If the application is

denied,
the court shall enter an order to that effect stating 
the specific reasons for
the denial. The clerk of the court 
shall promptly mail or deliver a copy of the
order to the 
applicant.

    (e) The clerk of the court shall not refuse to accept and 
file any
complaint,
appearance, or other paper presented by the 
applicant if accompanied by an
application to sue or defend in 
forma pauperis, and those papers shall be
considered filed on 
the date the application is presented. If the application
is 
denied, the order shall state a date certain by which the 
necessary fees,
costs, and charges must be paid. The court, for 
good cause shown, may allow an
applicant whose application is 
denied to defer payment of fees, costs, and
charges, make 
installment payments, or make payment upon reasonable terms and

conditions stated in the order. The court may dismiss the 
claims or defenses of
any party failing to pay the fees, costs, 
or charges within the time and in the
manner ordered by the 
court. A determination concerning an application to sue
or 
defend
in forma pauperis shall not
be construed as a ruling on 
the merits.

    (f) The court may order an indigent person to pay all or a 
portion of the
fees, costs, or charges waived pursuant to this 
Section out of moneys recovered
by the indigent person pursuant 
to a judgment or settlement resulting from the
civil action. 
However, nothing in this Section shall be construed to limit 
the
authority of a court to order another party to the action 
to pay the fees,
costs, or charges of the action.

    (g) A court, in its discretion, may appoint counsel to 
represent an indigent
person, and that counsel shall perform 
his or her duties without fees, charges,
or reward.

    (h) Nothing in this Section shall be construed to affect 
the right of a
party to sue or defend an action in forma 
pauperis without the payment of fees,
costs, or charges, or the 
right of a party to court-appointed counsel, as
authorized by 
any other provision of law or by the rules of the Illinois

Supreme Court.

    (i) The provisions of this Section are severable under 
Section 1.31 of the
Statute on Statutes.

(Source: P.A. 97-689, eff. 6-14-12; 97-813, eff. 7-13-12.)


 
    (Text of Section after amendment by P.A. 100-987 and 
100-1161)

    Sec. 5-105. Waiver of court fees, costs, and charges. 

    (a) As used in this Section:

        (1) "Fees, costs, and charges" means payments imposed 
    on a party in
connection with the prosecution or defense of 
    a civil action, including, but
not limited to: fees set 
    forth in Section 27.1b of the Clerks of Courts Act; fees 
    for service of process and
other papers served either 
    within or outside this State, including service by

    publication pursuant to Section 2-206 of this Code and 
    publication of necessary
legal notices; motion fees; 
    charges for participation in, or
attendance at, any 
    mandatory process or procedure including, but not limited

    to, conciliation, mediation, arbitration, counseling, 
    evaluation, "Children
First", "Focus on Children" or 
    similar programs; fees for supplementary
proceedings; 
    charges for translation services; guardian ad litem fees;
 
    and all other processes and
procedures deemed by the court 
    to be necessary to commence, prosecute, defend,
or enforce 
    relief in a
civil action.

        (2) "Indigent person" means any person who meets one or 
    more of the
following criteria:

            (i) He or she is receiving assistance under one or 
        more of the
following means-based
 governmental public 
        benefits programs:  Supplemental Security Income (SSI), 
        Aid to the Aged,
Blind and Disabled (AABD), Temporary 
        Assistance for Needy Families (TANF), Supplemental 
        Nutrition Assistance Program (SNAP), General 
        Assistance, Transitional Assistance, or State Children

        and Family Assistance.

            (ii) His or her available personal income is 125% 
        or less of the current
poverty
level, unless the 
        applicant's assets that are not exempt under Part 9 or 
        10
of Article XII of this Code are of a nature and 
        value that the court determines
that the applicant is 
        able to pay the fees, costs, and charges.

            (iii) He or she is, in the discretion of the court, 
        unable to proceed
in
an action without payment of fees, 
        costs, and charges and whose payment of
those
fees, 
        costs, and charges would result in substantial 
        hardship to the person or
his or her family.

            (iv) He or she is an indigent person pursuant to 
        Section 5-105.5 of this
Code.

        (3) "Poverty level" means the current poverty level as 
    established by the United States Department of Health and 
    Human Services. 
    (b) On the application of any person, before or after the 
commencement of
an action:
        (1) If the court finds that the applicant is an 
    indigent person, the court shall
grant the applicant a full 
    fees, costs, and charges waiver entitling him or her to sue 
    or defend the action without payment of any of the
fees, 
    costs, and charges.
        (2) If the court finds that the applicant satisfies any 
    of the criteria contained in items (i), (ii), or (iii) of 
    this subdivision (b)(2), the court shall grant the 
    applicant a partial fees, costs, and charges waiver 
    entitling him or her to sue or defend the action upon 
    payment of the applicable percentage of the assessments, 
    costs, and charges of the action, as follows:
            (i) the court shall waive 75% of all fees, costs, 
        and charges if the available income of the applicant is 
        greater than 125% but does not exceed 150% of the 
        poverty level, unless the assets of the applicant that 
        are not exempt under Part 9 or 10 of Article XII of 
        this Code are such that the applicant is able, without 
        undue hardship, to pay a greater portion of the fees, 
        costs, and charges;
            (ii) the court shall waive 50% of all fees, costs, 
        and charges if the available income is greater than 
        150% but does not exceed 175% of the poverty level, 
        unless the assets of the applicant that are not exempt 
        under Part 9 or 10 of Article XII of this Code are such 
        that the applicant is able, without undue hardship, to 
        pay a greater portion of the fees, costs, and charges; 
        and
            (iii) the court shall waive 25% of all fees, costs, 
        and charges if the available income of the applicant is 
        greater than 175% but does not exceed 200% of the 
        current poverty level, unless the assets of the 
        applicant that are not exempt under Part 9 or 10 of 
        Article XII of this Code are such that the applicant is 
        able, without undue hardship, to pay a greater portion 
        of the fees, costs, and charges.

    (c) An application for waiver of court fees, costs, and 
charges
shall be in writing and signed by the applicant, or, if 
the
applicant is a minor or an incompetent adult, by another

person having knowledge of the facts.  The contents of the 
application for waiver of court fees, costs, and charges, and 
the procedure for the decision of the applications, shall be

established by Supreme Court Rule. Factors to consider in 
evaluating an application shall include:
        (1) the applicant's receipt of needs based 
    governmental public benefits, including Supplemental 
    Security Income (SSI); Aid to the Aged, Blind and Disabled 
    (ADBD); Temporary Assistance for Needy Families (TANF); 
    Supplemental Nutrition Assistance Program (SNAP or "food 
    stamps"); General Assistance; Transitional Assistance; or 
    State Children and Family Assistance;
        (2) the employment status of the applicant and amount 
    of monthly income, if any;
        (3) income received from the applicant's pension, 
    Social Security benefits, unemployment benefits, and other 
    sources;
        (4) income received by the applicant from other 
    household members;
        (5) the applicant's monthly expenses, including  rent, 
    home mortgage, other mortgage, utilities, food, medical, 
    vehicle, childcare, debts, child support, and other 
    expenses; and
        (6) financial affidavits or other similar supporting 
    documentation provided by the applicant showing that 
    payment of the imposed  fees, costs, and charges would 
    result in substantial hardship to the applicant or the 
    applicant's family.
    (c-5)  The court shall provide, through the
office of the 
clerk of the court, the application for waiver of court fees, 
costs, and charges to any person
seeking to sue or defend an 
action who indicates an inability to pay the fees,
costs, and 
charges of the action.  The clerk of the court shall post in
a 
conspicuous place in the courthouse a notice no smaller than 
8.5 x 11 inches,
using no smaller than 30-point typeface 
printed in English and in Spanish,
advising
the public that 
they may ask the court for permission to sue or defend a civil

action without payment of fees, costs, and charges.  The notice 
shall be
substantially as follows:

        "If you are unable to pay the fees, costs, and charges 
    of an action you may
ask the court to allow you to proceed 
    without paying them.  Ask the clerk of
the court for forms."

    (d) (Blank).

    (e) The clerk of the court shall not refuse to accept and 
file any
complaint,
appearance, or other paper presented by the 
applicant if accompanied by an
application for waiver of court 
fees, costs, and charges, and those papers shall be
considered 
filed on the date the application is presented. If the 
application
is denied or a partial fees, costs, and charges 
waiver is granted, the order shall state a date certain by 
which the necessary fees,
costs, and charges must be paid. For 
good cause shown, the court may allow an
applicant who receives 
a partial fees, costs, and charges waiver to defer payment of 
fees, costs, and
charges, make installment payments, or make 
payment upon reasonable terms and
conditions stated in the 
order. The court may dismiss the claims or strike the defenses 
of
any party failing to pay the fees, costs, and charges within 
the time and in the
manner ordered by the court. A judicial 
ruling on an application for waiver of court assessments does 
not constitute a decision of a substantial issue in the case 
under Section 2-1001 of this Code.

    (f) The order granting a full or partial fees, costs, and 
charges waiver shall expire after one year. Upon expiration of 
the waiver, or a reasonable period of time before expiration, 
the party whose fees, costs, and charges were waived may file 
another application for waiver and the court shall consider the 
application in accordance with the applicable Supreme Court 
Rule.

    (f-5) If, before or at the time of final disposition of the 
case, the court obtains information, including information 
from the court file, suggesting that a person whose fees, 
costs, and charges were initially waived was not entitled to a 
full or partial waiver at the time of application, the court 
may require the person to appear at a court hearing by giving 
the applicant no less than 10 days' written notice of the 
hearing and the specific reasons why the initial waiver might 
be reconsidered. The court may require the applicant to provide 
reasonably available evidence, including financial 
information, to support his or her eligibility for the waiver, 
but the court shall not require submission of information that 
is unrelated to the criteria for eligibility and application 
requirements set forth in subdivision (b)(1) or (b)(2) of this 
Section. If the court finds that the person was not initially 
entitled to any waiver, the person shall pay all fees, costs, 
and charges relating to the civil action, including any 
previously waived fees, costs, and charges. The order may state 
terms of payment in accordance with subsection (e). The court 
shall not conduct a hearing under this subsection more often 
than once every 6 months.
    (f-10) If, before or at the time of final disposition of 
the case, the court obtains information, including information 
from the court file, suggesting that a person who received a 
full or partial waiver has experienced a change in financial 
condition so that he or she is no longer eligible for that 
waiver, the court may require the person to appear at a court 
hearing by giving the applicant no less than 10 days' written 
notice of the hearing and the specific reasons why the waiver 
might be reconsidered. The court may require the person to 
provide reasonably available evidence, including financial 
information, to support his or her continued eligibility for 
the waiver, but shall not require submission of information 
that is unrelated to the criteria for eligibility and 
application requirements set forth in subdivisions (b)(1) and 
(b)(2) of this Section. If the court enters an order finding 
that the person is no longer entitled to a waiver, or is 
entitled to a partial waiver different than that which the 
person had previously received, the person shall pay the 
requisite fees, costs, and charges from the date of the order 
going forward. The order may state terms of payment in 
accordance with subsection (e) of this Section. The court shall 
not conduct a hearing under this subsection more often than 
once every 6 months. 
    (g) A court, in its discretion, may appoint counsel to 
represent an indigent
person, and that counsel shall perform 
his or her duties without fees, charges,
or reward.

    (h) Nothing in this Section shall be construed to affect 
the right of a
party to sue or defend an action in forma 
pauperis without the payment of fees,
costs, charges, or the 
right of a party to court-appointed counsel, as
authorized by 
any other provision of law or by the rules of the Illinois

Supreme Court. Nothing in this Section shall be construed to 
limit the authority of a court to order another party to the 
action to pay the fees, costs, and charges of the action. 

    (h-5) If a party is represented by a civil legal services 
provider or an attorney in a court-sponsored pro bono program 
as defined in Section 5-105.5 of this Code, the attorney 
representing that party shall file a certification with the 
court in accordance with Supreme Court Rule 298 and that party 
shall be allowed to sue or defend without payment of fees, 
costs, and charges without filing an application under this 
Section.
    (h-10) (Blank). If an attorney files an appearance on 
behalf of a person whose fees, costs, and charges were 
initially waived under this Section, the attorney must pay all 
fees, costs, and charges relating to the civil action, 
including any previously waived fees, costs, and charges, 
unless the attorney is either a civil legal services provider, 
representing his or her client as part of a court-sponsored pro 
bono program as defined in Section 5-105.1 of this Code, or 
appearing under a limited scope appearance in accordance with 
Supreme Court Rule 13(c)(6). 
    (i) The provisions of this Section are severable under 
Section 1.31 of the
Statute on Statutes.

(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)

 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  


Effective Date:  6/28/2019