Full Text of SB1959 101st General Assembly
SB1959 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1959 Introduced 2/15/2019, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/5-105 | from Ch. 110, par. 5-105 |
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Provides that the Act may be referred to as the Reduced Filing Fees for Seniors and Veterans Act. Contains a statement of legislative purpose. Amends the Code of Civil Procedure. Provides that beginning January 1, 2020, the Supreme Court may, by rule, implement a program to offer a reduced filing fee of 50% the rate for the filing of civil cases by a person, regardless of the income of the person, who is either a: (1) senior citizen, aged 65 and older; or (2) member of the United States Armed Forces, the Illinois National Guard, or the Reserves of the United States Armed Forces. Provides that the applicant shall apply at the time of filing and present his or her valid State identification or driver's license or armed forces identification card. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. References to Act; purpose. | 5 | | (a) This Act may be referred to as the Reduced Filing Fees | 6 | | for Seniors and Veterans Act. | 7 | | (b) The General Assembly acknowledges the contribution of | 8 | | residents of this State classified as senior citizens, aged 65 | 9 | | and older, and active and inactive duty members of the United | 10 | | States Armed Forces, the Illinois National Guard, or the | 11 | | Reserves of the United States Armed Forces. In recognition of | 12 | | their services, the courts in this State will offer reduced | 13 | | filing fees for the filing of civil cases in this State. | 14 | | Section 5. The Code of Civil Procedure is amended by | 15 | | changing Section 5-105 as follows:
| 16 | | (735 ILCS 5/5-105) (from Ch. 110, par. 5-105)
| 17 | | (Text of Section before amendment by P.A. 100-987 and | 18 | | 100-1161 )
| 19 | | Sec. 5-105. Leave to sue or defend as an indigent person.
| 20 | | (a) As used in this Section:
| 21 | | (1) "Fees, costs, and charges" means payments imposed | 22 | | on a party in
connection with the prosecution or defense of |
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| 1 | | a civil action, including, but
not limited to: filing fees; | 2 | | appearance fees; fees for service of process and
other | 3 | | papers served either within or outside this State, | 4 | | including service by
publication pursuant to Section 2-206 | 5 | | of this Code and publication of necessary
legal notices; | 6 | | motion fees; jury demand fees; charges for participation | 7 | | in, or
attendance at, any mandatory process or procedure | 8 | | including, but not limited
to, conciliation, mediation, | 9 | | arbitration, counseling, evaluation, "Children
First", | 10 | | "Focus on Children" or similar programs; fees for | 11 | | supplementary
proceedings; charges for translation | 12 | | services; guardian ad litem fees;
charges for certified | 13 | | copies of court documents; and all other processes and
| 14 | | procedures deemed by the court to be necessary to commence, | 15 | | prosecute, defend,
or enforce relief in a
civil action.
| 16 | | (2) "Indigent person" means any person who meets one or | 17 | | more of the
following criteria:
| 18 | | (i) He or she is receiving assistance under one or | 19 | | more of the
following
public benefits programs: | 20 | | Supplemental Security Income (SSI), Aid to the Aged,
| 21 | | Blind and Disabled (AABD), Temporary Assistance for | 22 | | Needy Families (TANF),
Food
Stamps, General | 23 | | Assistance, Transitional Assistance, or State Children
| 24 | | and Family Assistance.
| 25 | | (ii) His or her available income is 125% or less of | 26 | | the current
poverty
level as established by the United |
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| 1 | | States Department of Health and Human
Services, unless | 2 | | the applicant's assets that are not exempt under Part 9 | 3 | | or 10
of Article XII of this Code are of a nature and | 4 | | value that the court determines
that the applicant is | 5 | | able to pay the fees, costs, and charges.
| 6 | | (iii) He or she is, in the discretion of the court, | 7 | | unable to proceed
in
an action without payment of fees, | 8 | | costs, and charges and whose payment of
those
fees, | 9 | | costs, and charges would result in substantial | 10 | | hardship to the person or
his or her family.
| 11 | | (iv) He or she is an indigent person pursuant to | 12 | | Section 5-105.5 of this
Code.
| 13 | | (b) On the application of any person, before, or after the | 14 | | commencement of
an action, a court, on finding that the | 15 | | applicant is an indigent person, shall
grant the applicant | 16 | | leave to sue or defend the action without payment of the
fees, | 17 | | costs, and charges of the action.
| 18 | | (c) An application for leave to sue or defend an action as | 19 | | an indigent
person
shall be in writing and supported by the | 20 | | affidavit of the applicant or, if the
applicant is a minor or | 21 | | an incompetent adult, by the affidavit of another
person having | 22 | | knowledge of the facts. The contents of the affidavit shall be
| 23 | | established by Supreme Court Rule. The court shall provide, | 24 | | through the
office of the clerk of the court, simplified forms | 25 | | consistent with the
requirements of this Section and applicable | 26 | | Supreme Court Rules to any person
seeking to sue or defend an |
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| 1 | | action who indicates an inability to pay the fees,
costs, and | 2 | | charges of the action. The application and supporting affidavit | 3 | | may
be incorporated into one simplified form. The clerk of the | 4 | | court shall post in
a conspicuous place in the courthouse a | 5 | | notice no smaller than 8.5 x 11 inches,
using no smaller than | 6 | | 30-point typeface printed in English and in Spanish,
advising
| 7 | | the public that they may ask the court for permission to sue or | 8 | | defend a civil
action without payment of fees, costs, and | 9 | | charges. The notice shall be
substantially as follows:
| 10 | | "If you are unable to pay the fees, costs, and charges | 11 | | of an action you may
ask the court to allow you to proceed | 12 | | without paying them. Ask the clerk of
the court for forms."
| 13 | | (d) The court shall rule on applications under this Section | 14 | | in a timely
manner based on information contained in the | 15 | | application unless the court, in
its discretion, requires the
| 16 | | applicant to personally appear to explain or clarify | 17 | | information contained in
the application. If the court finds | 18 | | that the applicant is an indigent person,
the
court shall enter | 19 | | an order permitting the applicant to sue or defend
without | 20 | | payment of fees, costs, or charges. If the application is
| 21 | | denied,
the court shall enter an order to that effect stating | 22 | | the specific reasons for
the denial. The clerk of the court | 23 | | shall promptly mail or deliver a copy of the
order to the | 24 | | applicant.
| 25 | | (e) The clerk of the court shall not refuse to accept and | 26 | | file any
complaint,
appearance, or other paper presented by the |
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| 1 | | applicant if accompanied by an
application to sue or defend in | 2 | | forma pauperis, and those papers shall be
considered filed on | 3 | | the date the application is presented. If the application
is | 4 | | denied, the order shall state a date certain by which the | 5 | | necessary fees,
costs, and charges must be paid. The court, for | 6 | | good cause shown, may allow an
applicant whose application is | 7 | | denied to defer payment of fees, costs, and
charges, make | 8 | | installment payments, or make payment upon reasonable terms and
| 9 | | conditions stated in the order. The court may dismiss the | 10 | | claims or defenses of
any party failing to pay the fees, costs, | 11 | | or charges within the time and in the
manner ordered by the | 12 | | court. A determination concerning an application to sue
or | 13 | | defend
in forma pauperis shall not
be construed as a ruling on | 14 | | the merits.
| 15 | | (f) The court may order an indigent person to pay all or a | 16 | | portion of the
fees, costs, or charges waived pursuant to this | 17 | | Section out of moneys recovered
by the indigent person pursuant | 18 | | to a judgment or settlement resulting from the
civil action. | 19 | | However, nothing in this Section shall be construed to limit | 20 | | the
authority of a court to order another party to the action | 21 | | 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 in forma |
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| 1 | | pauperis without the payment of fees,
costs, or charges, or the | 2 | | right of a party to court-appointed counsel, as
authorized by | 3 | | any other provision of law or by the rules of the Illinois
| 4 | | Supreme Court.
| 5 | | (i) The provisions of this Section are severable under | 6 | | Section 1.31 of the
Statute on Statutes.
| 7 | | (Source: P.A. 97-689, eff. 6-14-12; 97-813, eff. 7-13-12.)
| 8 | | (Text of Section after amendment by P.A. 100-987 and | 9 | | 100-1161 )
| 10 | | Sec. 5-105. Waiver of court fees, costs, and charges.
| 11 | | (a) As used in this Section:
| 12 | | (1) "Fees, costs, and charges" means payments imposed | 13 | | on a party in
connection with the prosecution or defense of | 14 | | a civil action, including, but
not limited to: fees set | 15 | | forth in Section 27.1b of the Clerks of Courts Act; fees | 16 | | for service of process and
other papers served either | 17 | | within or outside this State, including service by
| 18 | | publication pursuant to Section 2-206 of this Code and | 19 | | publication of necessary
legal notices; motion fees; | 20 | | charges for participation in, or
attendance at, any | 21 | | mandatory process or procedure including, but not limited
| 22 | | to, conciliation, mediation, arbitration, counseling, | 23 | | evaluation, "Children
First", "Focus on Children" or | 24 | | similar programs; fees for supplementary
proceedings; | 25 | | charges for translation services; guardian ad litem fees;
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| 1 | | and all other processes and
procedures deemed by the court | 2 | | to be necessary to commence, prosecute, defend,
or enforce | 3 | | relief in a
civil action.
| 4 | | (2) "Indigent person" means any person who meets one or | 5 | | more of the
following criteria:
| 6 | | (i) He or she is receiving assistance under one or | 7 | | more of the
following means-based
governmental public | 8 | | benefits programs: Supplemental Security Income (SSI), | 9 | | Aid to the Aged,
Blind and Disabled (AABD), Temporary | 10 | | Assistance for Needy Families (TANF), Supplemental | 11 | | Nutrition Assistance Program (SNAP), General | 12 | | Assistance, Transitional Assistance, or State Children
| 13 | | and Family Assistance.
| 14 | | (ii) His or her available personal income is 125% | 15 | | or less of the current
poverty
level, unless the | 16 | | applicant's assets that are not exempt under Part 9 or | 17 | | 10
of Article XII of this Code are of a nature and | 18 | | value that the court determines
that the applicant is | 19 | | able to pay the fees, costs, and charges.
| 20 | | (iii) He or she is, in the discretion of the court, | 21 | | unable to proceed
in
an action without payment of fees, | 22 | | costs, and charges and whose payment of
those
fees, | 23 | | costs, and charges would result in substantial | 24 | | hardship to the person or
his or her family.
| 25 | | (iv) He or she is an indigent person pursuant to | 26 | | Section 5-105.5 of this
Code.
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| 1 | | (3) "Poverty level" means the current poverty level as | 2 | | established by the United States Department of Health and | 3 | | Human Services. | 4 | | (b) On the application of any person, before or after the | 5 | | commencement of
an action: | 6 | | (1) If the court finds that the applicant is an | 7 | | indigent person, the court shall
grant the applicant a full | 8 | | fees, costs, and charges waiver entitling him or her to sue | 9 | | or defend the action without payment of any of the
fees, | 10 | | costs, and charges. | 11 | | (2) If the court finds that the applicant satisfies any | 12 | | of the criteria contained in items (i), (ii), or (iii) of | 13 | | this subdivision (b)(2), the court shall grant the | 14 | | applicant a partial fees, costs, and charges waiver | 15 | | entitling him or her to sue or defend the action upon | 16 | | payment of the applicable percentage of the assessments, | 17 | | costs, and charges of the action, as follows: | 18 | | (i) the court shall waive 75% of all fees, costs, | 19 | | and charges if the available income of the applicant is | 20 | | greater than 125% but does not exceed 150% of the | 21 | | poverty level, unless the assets of the applicant that | 22 | | are not exempt under Part 9 or 10 of Article XII of | 23 | | this Code are such that the applicant is able, without | 24 | | undue hardship, to pay a greater portion of the fees, | 25 | | costs, and charges; | 26 | | (ii) the court shall waive 50% of all fees, costs, |
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| 1 | | and charges if the available income is greater than | 2 | | 150% but does not exceed 175% of the poverty level, | 3 | | unless the assets of the applicant that are not exempt | 4 | | under Part 9 or 10 of Article XII of this Code are such | 5 | | that the applicant is able, without undue hardship, to | 6 | | pay a greater portion of the fees, costs, and charges; | 7 | | and | 8 | | (iii) the court shall waive 25% of all fees, costs, | 9 | | and charges if the available income of the applicant is | 10 | | greater than 175% but does not exceed 200% of the | 11 | | current poverty level, unless the assets of the | 12 | | applicant that are not exempt under Part 9 or 10 of | 13 | | Article XII of this Code are such that the applicant is | 14 | | able, without undue hardship, to pay a greater portion | 15 | | of the fees, costs, and charges.
| 16 | | (c) An application for waiver of court fees, costs, and | 17 | | charges
shall be in writing and signed by the applicant, or, if | 18 | | the
applicant is a minor or an incompetent adult, by another
| 19 | | person having knowledge of the facts. The contents of the | 20 | | application for waiver of court fees, costs, and charges, and | 21 | | the procedure for the decision of the applications, shall be
| 22 | | established by Supreme Court Rule. Factors to consider in | 23 | | evaluating an application shall include: | 24 | | (1) the applicant's receipt of needs based | 25 | | governmental public benefits, including Supplemental | 26 | | Security Income (SSI); Aid to the Aged, Blind and Disabled |
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| 1 | | (ADBD); Temporary Assistance for Needy Families (TANF); | 2 | | Supplemental Nutrition Assistance Program (SNAP or "food | 3 | | stamps"); General Assistance; Transitional Assistance; or | 4 | | State Children and Family Assistance; | 5 | | (2) the employment status of the applicant and amount | 6 | | of monthly income, if any; | 7 | | (3) income received from the applicant's pension, | 8 | | Social Security benefits, unemployment benefits, and other | 9 | | sources; | 10 | | (4) income received by the applicant from other | 11 | | household members; | 12 | | (5) the applicant's monthly expenses, including rent, | 13 | | home mortgage, other mortgage, utilities, food, medical, | 14 | | vehicle, childcare, debts, child support, and other | 15 | | expenses; and | 16 | | (6) financial affidavits or other similar supporting | 17 | | documentation provided by the applicant showing that | 18 | | payment of the imposed fees, costs, and charges would | 19 | | result in substantial hardship to the applicant or the | 20 | | applicant's family. | 21 | | (c-5) The court shall provide, through the
office of the | 22 | | clerk of the court, the application for waiver of court fees, | 23 | | costs, and charges to any person
seeking to sue or defend an | 24 | | action who indicates an inability to pay the fees,
costs, and | 25 | | charges of the action. The clerk of the court shall post in
a | 26 | | conspicuous place in the courthouse a notice no smaller than |
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| 1 | | 8.5 x 11 inches,
using no smaller than 30-point typeface | 2 | | printed in English and in Spanish,
advising
the public that | 3 | | they may ask the court for permission to sue or defend a civil
| 4 | | action without payment of fees, costs, and charges. The notice | 5 | | shall be
substantially as follows:
| 6 | | "If you are unable to pay the fees, costs, and charges | 7 | | of an action you may
ask the court to allow you to proceed | 8 | | without paying them. Ask the clerk of
the court for forms."
| 9 | | (d) (Blank).
| 10 | | (e) The clerk of the court shall not refuse to accept and | 11 | | file any
complaint,
appearance, or other paper presented by the | 12 | | applicant if accompanied by an
application for waiver of court | 13 | | fees, costs, and charges, and those papers shall be
considered | 14 | | filed on the date the application is presented. If the | 15 | | application
is denied or a partial fees, costs, and charges | 16 | | waiver is granted, the order shall state a date certain by | 17 | | which the necessary fees,
costs, and charges must be paid. For | 18 | | good cause shown, the court may allow an
applicant who receives | 19 | | a partial fees, costs, and charges waiver to defer payment of | 20 | | fees, costs, and
charges, make installment payments, or make | 21 | | payment upon reasonable terms and
conditions stated in the | 22 | | order. The court may dismiss the claims or strike the defenses | 23 | | of
any party failing to pay the fees, costs, and charges within | 24 | | the time and in the
manner ordered by the court. A judicial | 25 | | ruling on an application for waiver of court assessments does | 26 | | not constitute a decision of a substantial issue in the case |
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| 1 | | under Section 2-1001 of this Code.
| 2 | | (f) The order granting a full or partial fees, costs, and | 3 | | charges waiver shall expire after one year. Upon expiration of | 4 | | the waiver, or a reasonable period of time before expiration, | 5 | | the party whose fees, costs, and charges were waived may file | 6 | | another application for waiver and the court shall consider the | 7 | | application in accordance with the applicable Supreme Court | 8 | | Rule.
| 9 | | (f-5) If, before or at the time of final disposition of the | 10 | | case, the court obtains information, including information | 11 | | from the court file, suggesting that a person whose fees, | 12 | | costs, and charges were initially waived was not entitled to a | 13 | | full or partial waiver at the time of application, the court | 14 | | may require the person to appear at a court hearing by giving | 15 | | the applicant no less than 10 days' written notice of the | 16 | | hearing and the specific reasons why the initial waiver might | 17 | | be reconsidered. The court may require the applicant to provide | 18 | | reasonably available evidence, including financial | 19 | | information, to support his or her eligibility for the waiver, | 20 | | but the court shall not require submission of information that | 21 | | is unrelated to the criteria for eligibility and application | 22 | | requirements set forth in subdivision (b)(1) or (b)(2) of this | 23 | | Section. If the court finds that the person was not initially | 24 | | entitled to any waiver, the person shall pay all fees, costs, | 25 | | and charges relating to the civil action, including any | 26 | | previously waived fees, costs, and charges. The order may state |
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| 1 | | terms of payment in accordance with subsection (e). The court | 2 | | shall not conduct a hearing under this subsection more often | 3 | | than once every 6 months. | 4 | | (f-10) If, before or at the time of final disposition of | 5 | | the case, the court obtains information, including information | 6 | | from the court file, suggesting that a person who received a | 7 | | full or partial waiver has experienced a change in financial | 8 | | condition so that he or she is no longer eligible for that | 9 | | waiver, the court may require the person to appear at a court | 10 | | hearing by giving the applicant no less than 10 days' written | 11 | | notice of the hearing and the specific reasons why the waiver | 12 | | might be reconsidered. The court may require the person to | 13 | | provide reasonably available evidence, including financial | 14 | | information, to support his or her continued eligibility for | 15 | | the waiver, but shall not require submission of information | 16 | | that is unrelated to the criteria for eligibility and | 17 | | application requirements set forth in subdivisions (b)(1) and | 18 | | (b)(2) of this Section. If the court enters an order finding | 19 | | that the person is no longer entitled to a waiver, or is | 20 | | entitled to a partial waiver different than that which the | 21 | | person had previously received, the person shall pay the | 22 | | requisite fees, costs, and charges from the date of the order | 23 | | going forward. The order may state terms of payment in | 24 | | accordance with subsection (e) of this Section. The court shall | 25 | | not conduct a hearing under this subsection more often than | 26 | | once every 6 months. |
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| 1 | | (g) A court, in its discretion, may appoint counsel to | 2 | | represent an indigent
person, and that counsel shall perform | 3 | | his or her duties without fees, charges,
or reward.
| 4 | | (h) Nothing in this Section shall be construed to affect | 5 | | the right of a
party to sue or defend an action in forma | 6 | | pauperis without the payment of fees,
costs, charges, or the | 7 | | right of a party to court-appointed counsel, as
authorized by | 8 | | any other provision of law or by the rules of the Illinois
| 9 | | Supreme Court. Nothing in this Section shall be construed to | 10 | | limit the authority of a court to order another party to the | 11 | | action to pay the fees, costs, and charges of the action.
| 12 | | (h-5) If a party is represented by a civil legal services | 13 | | provider or an attorney in a court-sponsored pro bono program | 14 | | as defined in Section 5-105.5 of this Code, the attorney | 15 | | representing that party shall file a certification with the | 16 | | court in accordance with Supreme Court Rule 298 and that party | 17 | | shall be allowed to sue or defend without payment of fees, | 18 | | costs, and charges without filing an application under this | 19 | | Section. | 20 | | (h-10) If an attorney files an appearance on behalf of a | 21 | | person whose fees, costs, and charges were initially waived | 22 | | under this Section, the attorney must pay all fees, costs, and | 23 | | charges relating to the civil action, including any previously | 24 | | waived fees, costs, and charges, unless the attorney is either | 25 | | a civil legal services provider, representing his or her client | 26 | | as part of a court-sponsored pro bono program as defined in |
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| 1 | | Section 5-105.1 of this Code, or appearing under a limited | 2 | | scope appearance in accordance with Supreme Court Rule | 3 | | 13(c)(6). | 4 | | (i) The provisions of this Section are severable under | 5 | | Section 1.31 of the
Statute on Statutes. | 6 | | (j) Beginning January 1 2020, the Supreme Court may, by | 7 | | rule, implement a program to offer a reduced filing fee of 50% | 8 | | the rate for the filing of civil cases by a person, regardless | 9 | | of the income of the person, who is either a: (1) senior | 10 | | citizen, aged 65 and older; or (2) member of the United States | 11 | | Armed Forces, the Illinois National Guard, or the Reserves of | 12 | | the United States Armed Forces. An applicant for a fee waiver | 13 | | shall apply at the time of filing and present his or her valid | 14 | | State identification or driver's license or armed forces | 15 | | identification card. The identification card is required at the | 16 | | time of filing each civil case.
| 17 | | (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
| 18 | | Section 95. No acceleration or delay. Where this Act makes | 19 | | changes in a statute that is represented in this Act by text | 20 | | that is not yet or no longer in effect (for example, a Section | 21 | | represented by multiple versions), the use of that text does | 22 | | not accelerate or delay the taking effect of (i) the changes | 23 | | made by this Act or (ii) provisions derived from any other | 24 | | Public Act.
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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