093_SB1505

 
                                     LRB093 08545 WGH 08771 b

 1        AN ACT to amend the Code of Civil Procedure.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Code of Civil  Procedure  is  amended  by
 5    adding Article V-A as follows:

 6        (735 ILCS 5/Art. V-A heading new)

 7                             Article V-A
 8                                COSTS

 9        (735 ILCS 5/5A-101 new)
10        Sec.  5A-101.  Reimbursable costs.  A party awarded costs
11    pursuant to this Article is entitled to be reimbursed for the
12    following:
13             (1)  all  filing,  docketing,  and  other  fees  and
14        charges paid to the clerk of the court;
15             (2)  reasonable fees for service of process or other
16        mandate or proceeding;
17             (3)  statutory fees  paid  to  witnesses,  including
18        mileage,  for  each attendance at a deposition, trial, or
19        other proceeding;
20             (4)  the  reasonable  expense   of   discovery   and
21        evidence  deposition  transcripts,  if  any  part  of the
22        deposition is used at trial;
23             (5)  reasonable expenses  incurred  for  publication
24        where publication is required by law;
25             (6)  fees  provided by law for a certified copy of a
26        paper, map, or other document recorded or  filed  in  any
27        public office reasonably obtained for use in the case;
28             (7)  reasonable  compensation  for  court  appointed
29        experts and interpreters;
30             (8)  reasonable  premiums  or  expenses  paid on all
 
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 1        bonds or other security; and
 2             (9)  such other expenses as are taxable by provision
 3        of law or rule of court.

 4        (735 ILCS 5/5A-102 new)
 5        Sec. 5A-102.   Prevailing  party.   Except  as  otherwise
 6    provided   by   law,  the  prevailing  party  or  parties  in
 7    litigation shall be entitled to an award of costs.  It  shall
 8    be  in  the  discretion  of the court to determine who is the
 9    prevailing party or parties.

10        (735 ILCS 5/5A-103 new)
11        Sec. 5A-103. Costs  on  dismissal.   When  an  action  is
12    voluntarily  dismissed  by  the plaintiff or is dismissed for
13    want  of  prosecution,  the  defendant  shall  recover  costs
14    against the plaintiff.

15        (735 ILCS 5/5A-104 new)
16        Sec. 5A-104.   Bill  of  costs.   Within  30  days  after
17    judgment  or  other  final  dispositive  order,  the party or
18    parties entitled to costs shall prepare  and  file  with  the
19    clerk and serve upon all persons entitled to notice a bill of
20    costs.  Any  objections  to the bill shall be filed within 14
21    days after service of the bill of costs.  If  objections  are
22    not filed within the 14-day period, the costs shall be deemed
23    to  be  allowed  as set forth in the bill.  If objections are
24    filed, the court shall promptly hear  and  decide  them.   In
25    either  event,  the  costs  allowed  shall be included in the
26    judgment or  other  final  dispositive  order  and  shall  be
27    recoverable  in  the  same manner as a money judgment.  In no
28    event shall any proceedings to  determine  costs  affect  the
29    finality of a judgment or other final dispositive order.  The
30    court may modify the time periods contained in this Section.
 
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 1        (735 ILCS 5/5A-105 new)
 2        Sec. 5A-105.  Costs after tender.  A person who is guilty
 3    of  a  trespass  or  injury  or  who  owes another liquidated
 4    damages or demands arising out of a contract may at any time,
 5    before or after suit is brought, tender what he or she  shall
 6    conceive  as  sufficient amends for the injury done or to pay
 7    the liquidated damages or  demands,  and  if  suit  has  been
 8    commenced,  also  the  costs of suit up to the time of making
 9    the  tender.   If  it  appears  that  the  sum  tendered  was
10    sufficient amends for the injury done or to pay  the  damages
11    and,  if  suit has been commenced, was also sufficient to pay
12    the costs of suit up to the time of making the  tender,  then
13    the  plaintiff  shall  not  be  allowed  to recover any costs
14    incurred after  the  tender,  but  shall  be  liable  to  the
15    defendant for the defendant's costs incurred after that time.

16        (735 ILCS 5/5A-106 new)
17        Sec.  5A-106.   Leave  to  sue  or  defend as an indigent
18    person.
19        (a)  As used in this Section:
20        "Fees, costs, and charges" means payments  imposed  on  a
21    party  in  connection  with  the  prosecution or defense of a
22    civil action, including but  not  limited  to:  filing  fees;
23    appearance fees; fees for service of process and other papers
24    served either within or outside this State, including service
25    by  publication  pursuant  to  Section 2-206 of this Code and
26    publication of necessary legal  notices;  motion  fees;  jury
27    demand  fees; charges for participation in, or attendance at,
28    any mandatory process or procedure including, but not limited
29    to,   conciliation,   mediation,   arbitration,   counseling,
30    evaluation, "Children First", "Focus on Children", or similar
31    programs; fees for  supplementary  proceedings;  charges  for
32    translation  services;  guardian  ad  litem fees; charges for
33    certified copies of court documents; and all other  processes
 
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 1    and  procedures  deemed  by  the  court  to  be  necessary to
 2    commence, prosecute, defend, or enforce  relief  in  a  civil
 3    action.
 4        "Indigent  person" means any person who meets one or more
 5    of the following criteria:
 6             (1)  He or she is receiving assistance under one  or
 7        more   of   the   following   public  benefits  programs:
 8        Supplemental Security Income  (SSI),  Aid  to  the  Aged,
 9        Blind and Disabled (AABD), Temporary Assistance for Needy
10        Families  (TANF),  Food Stamps, General Assistance, State
11        Transitional Assistance, or  State  Children  and  Family
12        Assistance.
13             (2)  His  or her available income is 125% or less of
14        the current poverty income guidelines as  established  by
15        the   United   States  Department  of  Health  and  Human
16        Services, unless the person's assets that are not  exempt
17        under  Part  9  or  10 of Article XII of this Code are of
18        such a nature and value that the  court  determines  that
19        the  applicant  is  able  to  pay  the  fees,  costs, and
20        charges.
21             (3)  He or she is, in the discretion of  the  court,
22        unable  to  proceed in an action without payment of fees,
23        costs, and charges, and his or her payment of those fees,
24        costs, and charges would result in  substantial  hardship
25        to the person or his or her family.
26             (4)  He  or  she  is  an indigent person pursuant to
27        Section 5A-107.
28        (b)  On the application of any person,  before  or  after
29    the  commencement  of an action, a court, on finding that the
30    applicant is an indigent person, shall  grant  the  applicant
31    leave  to  sue  or  defend  the action without payment of the
32    fees, costs, and charges of the action.
33        (c)  An application for leave to sue or defend an  action
34    as  an  indigent  person shall be in writing and supported by
 
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 1    the affidavit of the applicant or,  if  the  applicant  is  a
 2    minor  or  an  incompetent adult, by the affidavit of another
 3    person having knowledge of the facts.  The  contents  of  the
 4    affidavit  shall  be  established by Supreme Court rule.  The
 5    court shall provide, through the office of the clerk  of  the
 6    court,  simplified  forms consistent with the requirements of
 7    this Section and applicable Supreme Court rules to any person
 8    seeking to sue or defend an action who indicates an inability
 9    to pay the fees, costs,  and  charges  of  the  action.   The
10    application and supporting affidavit may be incorporated into
11    one  simplified form.  The clerk of the court shall post in a
12    conspicuous place in the courthouse a notice, no smaller than
13    8.5 by 11 inches, using no smaller  than  30-point  typeface,
14    and  printed  in  English and in Spanish, advising the public
15    that they may ask the court for permission to sue or defend a
16    civil action without payment of  fees,  costs,  and  charges.
17    The  notice  shall  be substantially as follows:  "If you are
18    unable to pay the fees, costs, and charges of an  action  you
19    may  ask  the  court  to  allow you to proceed without paying
20    them.  Ask the clerk of the court for forms.".
21        (d)  The court shall  rule  on  applications  under  this
22    Section  in a timely manner based on information contained in
23    the  application,  unless  the  court,  in  its   discretion,
24    requires  the  applicant  to  personally appear to explain or
25    clarify information contained in  the  application.   If  the
26    court  finds  that  the  applicant is an indigent person, the
27    court shall enter an order permitting the applicant to sue or
28    defend without payment of fees, costs, or  charges.   If  the
29    application is denied, the court shall enter an order to that
30    effect  stating  the  specific  reasons  for the denial.  The
31    clerk of the court shall promptly mail or deliver a  copy  of
32    the order to the applicant.
33        (e)  The  clerk  of  the court shall not refuse to accept
34    and file a complaint, appearance, or other paper presented by
 
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 1    the applicant if accompanied by  an  application  to  sue  or
 2    defend  as  an  indigent  person  and  those  papers shall be
 3    considered filed on the date the  application  is  presented.
 4    If  the  application  is denied, the order shall state a date
 5    certain by which the necessary fees, costs, and charges  must
 6    be  paid.   The  court,  for  good  cause shown, may allow an
 7    applicant whose application is denied  to  defer  payment  of
 8    fees,  costs, and charges, make installment payments, or make
 9    payment upon reasonable terms and conditions  stated  in  the
10    order.  The  court  may dismiss the claims or defenses of any
11    party failing to pay the fees, costs, or charges  within  the
12    time and in the manner ordered by the court.  A determination
13    concerning  an  application  to  sue or defend as an indigent
14    person shall not be construed as a ruling on the merits.
15        (f)  The court may order an indigent person to pay all or
16    a portion of the fees, costs, or charges waived  pursuant  to
17    this  Section  out of moneys recovered by the indigent person
18    pursuant to a judgment or settlement resulting from the civil
19    action. However, nothing in this Section shall  be  construed
20    to  limit  the authority of a court to order another party to
21    the action to pay the fees, costs, or charges of the action.
22        (g)  A court, in its discretion, may appoint  counsel  to
23    represent  an indigent person, and that counsel shall perform
24    his or her duties without fees, charges, or reward.
25        (h)  Nothing in this Section shall be construed to affect
26    the right of a party  to  sue  or  defend  an  action  as  an
27    indigent  person  without  the  payment  of  fees,  costs, or
28    charges, or the right of a party to court-appointed  counsel,
29    as  authorized  by any other provision of law or by the rules
30    of the Illinois Supreme Court.
31        (i)  The provisions of this Section are  severable  under
32    Section 1.31 of the Statute on Statutes.

33        (735 ILCS 5/5A-107 new)
 
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 1        Sec.  5A-107.   Representation  by  civil  legal services
 2    provider.
 3        (a)  As used in this Section:
 4        "Civil  legal   services"   means   legal   services   in
 5    non-criminal  matters  provided  without  charge  to indigent
 6    persons  who  have  been  found  eligible   under   financial
 7    eligibility   guidelines   established  by  the  civil  legal
 8    services provider.
 9        "Civil legal services provider"  means  a  not-for-profit
10    corporation  that  (i)  employs one or more attorneys who are
11    licensed to practice law in the State  of  Illinois  and  who
12    directly  provide civil legal services or (ii) is established
13    for the purpose of  providing  civil  legal  services  by  an
14    organized panel of pro bono attorneys.
15        "Eligible  client"  means an indigent person who has been
16    found eligible for civil legal  services  by  a  civil  legal
17    services provider.
18        "Indigent  person" means a person whose income is 125% or
19    less of the current federal poverty income guidelines or  who
20    is  otherwise  eligible to receive civil legal services under
21    the federal Legal Services Corporation Act of 1974.
22        (b)  When a party is represented in a civil action  by  a
23    civil legal services provider, all fees and costs relating to
24    filing,  appearing,  transcripts  on  appeal,  and service of
25    process shall be waived without the necessity of a motion for
26    that purpose, and the case shall be given an index number  or
27    other   appropriate   filing  number,  provided  that  (i)  a
28    determination  has  been  made  by  a  civil  legal  services
29    provider that the party is indigent and  (ii)  an  attorney's
30    certification  that  a  determination  has been made that the
31    party is indigent is filed with the clerk of the court  along
32    with  the  complaint, the appearance, or any other paper that
33    would otherwise require payment of a fee.
 
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 1        (735 ILCS 5/5A-108 new)
 2        Sec. 5A-108.  Lien of officer.  Where any person has been
 3    permitted by any court to commence and prosecute or to defend
 4    an action as an indigent person without the payment of  costs
 5    and  expenses,  the  clerk of the court and the sheriff shall
 6    each have a lien upon every claim, including every claim  for
 7    unliquidated damages, asserted in the action by the party who
 8    has  thus  been  permitted  to  sue  or defend as an indigent
 9    person, and upon the proceeds thereof, for the amount of  all
10    fees   and  charges,  becoming  due  the  officer  under  the
11    provisions of Section 5A-101  of  this  Code,  and  remaining
12    unpaid. The order of court permitting the party to proceed as
13    an   indigent  person  shall  be  sufficient  notice  of  the
14    existence of the lien to all other parties in  the  case,  as
15    well as to any insurer or other third party in any way liable
16    for  payment  of any such claim or portion thereof, who shall
17    have been called upon to defend against the same or otherwise
18    notified of such claim.
19        On petition filed in the court in which  the  action  has
20    been  commenced,  the  court  shall,  on not less than 5 days
21    notice to all parties concerned, adjudicate the rights of the
22    petitioning officer or officers and enforce the lien or liens
23    by all appropriate means.

24        (735 ILCS 5/Art. V rep.)
25        Section 10.  The Code of Civil Procedure  is  amended  by
26    repealing Article V.