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90_HB2108
705 ILCS 105/27.8 new
Amends the Clerks of Courts Act. Requires a prisoner in
a Department of Corrections facility to pay the costs of
filing a frivolous lawsuit.
LRB9004967RCdv
LRB9004967RCdv
1 AN ACT to amend the Clerks of Courts Act by adding
2 Section 27.8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Clerks of Courts Act is amended by adding
6 Section 27.8 as follows:
7 (705 ILCS 105/27.8 new)
8 Sec. 27.8. Prisoner pay costs of frivolous suits.
9 (a) A person committed to a facility of the Illinois
10 Department of Corrections shall pay the costs of filing a
11 lawsuit in the circuit court that is determined by the trial
12 judge to be frivolous.
13 (b) In this Section:
14 (1) "Frivolous" means a pleading, motion, or other
15 paper filed by a prisoner in his or her lawsuit does not
16 meet the following criteria:
17 (i) it is not being presented for any improper
18 purpose, such as to harass or to cause unnecessary
19 delay or needless increase in the cost of
20 litigation;
21 (ii) the claims, defenses, and other legal
22 contentions therein are warranted by existing law or
23 by a nonfrivolous argument for the extension,
24 modification, or reversal of existing law or the
25 establishment of new law;
26 (iii) the allegations and other factual contentions
27 have evidentiary support or, if specifically so
28 identified, are likely to have evidentiary support
29 after a reasonable opportunity for further
30 investigation or discovery; and
31 (iv) the denials of factual contentions are
-2- LRB9004967RCdv
1 warranted on the evidence or, if specifically so
2 identified, are reasonably based on a lack of
3 information or belief.
4 (2) "Lawsuit" means a petition for post conviction
5 relief under Article 122 of the Code of Criminal
6 Procedure of 1963 or a habeas corpus action under Article
7 X of the Code of Civil Procedure.