FAWELL-LUECHTEFELD-WATSON-BOMKE-DUDYCZ, MAHAR, FITZGERALD, DILLARD, LINK, WELCH, SEVERNS AND LAUZEN. (ROSKAM-BOST-SCULLY-GASH-NOVAK) 705 ILCS 105/27.7 new 705 ILCS 505/21 from Ch. 37, par. 439.21 725 ILCS 5/122-4 from Ch. 38, par. 122-4 730 ILCS 5/3-4-3 from Ch. 38, par. 1003-4-3 730 ILCS 5/3-12-5 from Ch. 38, par. 1003-12-5 735 ILCS 5/Art. XXII heading new 735 ILCS 5/22-105 new 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 defining frivolous. 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. 97-02-05 S FIRST READING 97-02-05 S REFERRED TO SENATE RULES COMMITTEE RULES 97-02-06 S ASSIGNED TO COMMITTEE JUDICIARY 97-02-27 S AMENDMENT NO. 01-JUDICIARY S 97-02-27 S ADOPTED 97-02-27 S DO PASS AS AMENDED 008-000-000 SJUD 97-02-27 S PLACED ON CALENDAR ORDER OF 2ND READING 97-02-28 97-02-27 S ADDED AS A CO-SPONSOR FITZGERALD 97-02-27 S ADDED AS A CO-SPONSOR DILLARD 97-03-04 S ADDED AS A CO-SPONSOR LINK 97-03-04 S ADDED AS A CO-SPONSOR WELCH 97-03-04 S ADDED AS A CO-SPONSOR KARPIEL 97-03-18 S SECOND READING 97-03-18 S PLACED ON CALENDAR ORDER OF 3RD READING 97-03-19 97-03-19 S ADDED AS A CO-SPONSOR SEVERNS 97-03-19 S ADDED AS A CO-SPONSOR LAUZEN 97-03-19 S THIRD READING - PASSED 052-000-000 97-03-19 H ARRIVE IN HOUSE 97-03-19 H PLACED CALENDAR ORDER OF FIRST READING 97-03-20 H HOUSE SPONSOR ROSKAM 97-03-20 H FIRST READING 97-03-20 H REFERRED TO HOUSE RULES COMMITTEE RULES 97-03-21 H ASSIGNED TO COMMITTEE JUD-CRIMINAL 97-04-09 H ADDED AS A JOINT SPONSOR BOST 97-04-25 H ADDED AS A JOINT SPONSOR SCULLY 97-04-30 H CORRECTIONAL NOTE FILED AS AMENDED BY SA 1 97-04-30 H COMMITTEE JUD-CRIMINAL 97-04-30 H ADDED AS A JOINT SPONSOR GASH 97-05-07 H ADDED AS A JOINT SPONSOR NOVAK 97-05-08 H AMENDMENT NO. 01-JUD-CRIMINAL H 97-05-08 H ADOPTED 97-05-08 H DO PASS AMENDED/SHORT DEBATE 015-000-000 HJUB 97-05-08 H PLACED CALENDAR 2ND READING-SHORT DEBATE 97-05-09 H SECOND READING-SHORT DEBATE 97-05-09 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 97-05-13 H RECALLED TO SECOND READING-SHORT DEBATE 97-05-13 H AMENDMENT NO. 02-ROSKAM 97-05-13 H AMENDMENT REFERRED TO HRUL 97-05-13 H AMENDMENT NO. 03-ROSKAM 97-05-13 H AMENDMENT REFERRED TO HRUL 97-05-13 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 97-05-14 H AMENDMENT NO. 02-ROSKAM 97-05-14 H RULES REFERS TO HJUB 97-05-14 H AMENDMENT NO. 03-ROSKAM 97-05-14 H RULES REFERS TO HJUB 97-05-14 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 97-05-15 H AMENDMENT NO. 02-ROSKAM 97-05-15 H BE ADOPTED HJUB/015-000-000 97-05-15 H AMENDMENT NO. 03-ROSKAM 97-05-15 H BE ADOPTED HJUB/015-000-000 97-05-15 H AMENDMENT NO. 04-ROSKAM 97-05-15 H AMENDMENT REFERRED TO HRUL 97-05-15 H AMENDMENT NO. 04-ROSKAM 97-05-15 H BE ADOPTED HRUL 97-05-15 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 97-05-16 H AMENDMENT NO. 02-ROSKAM 97-05-16 H ADOPTED 97-05-16 H AMENDMENT NO. 03-ROSKAM 97-05-16 H WITHDRAWN 97-05-16 H AMENDMENT NO. 04-ROSKAM 97-05-16 H ADOPTED 097-017-003 97-05-16 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 97-05-16 H THIRD READING/SHORT DEBATE/PASSED 095-017-004 97-05-16 S SECRETARYS DESK - CONCURRENCE 01,02,04 97-05-19 S FILED WITH SECRETARY 97-05-19 S MOTION NON-CONCUR - HOUSE AMENDMENT NO 04-FAWELL 97-05-19 S FILED WITH SECRETARY 97-05-19 S MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/FAWELL 97-05-19 S MOTION REFERRED TO SRUL 97-05-20 S MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/FAWELL 97-05-20 S RULES REFERS TO SJUD 97-05-21 S MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/FAWELL 97-05-21 S BE APPROVED FOR CONSIDERATION SJUD/010-000-000 97-05-21 S MOTION TO CONCUR - HOUSE AMENDMENT NO 01,02/FAWELL 97-05-21 S SEN CONCURS IN HSE AMENDMENTS (NO.) 01,02/054-004-000 97-05-21 S MOTION NON-CONCUR - HOUSE AMENDMENT NO 04-FAWELL 97-05-21 S SEN NON-CONCURS IN HSE AMENDMENTS (NO.) 04 97-05-22 H ARRIVE IN HOUSE 97-05-22 H PLACED CALENDAR ORDER NON-CONCURRENCE 04 97-05-23 H MOTION REFUSE RECEDE - HSE AMEND NO 04/ROSKAM 97-05-23 H PLACED CALENDAR ORDER NON-CONCURRENCE 04 97-05-27 H HSE REFUSES TO RECEDE FROM AMENDMENT NO 04 97-05-27 H HSE REQUESTS CONFERENCE COMMITTEE 1ST 97-05-27 H HSE CONFERENCE COMMITTEE APPOINTED 1ST/SCULLY, 97-05-27 H GASH, HANNIG, 97-05-27 H CHURCHILL & ROSKAM 97-05-28 S SEN ACCEDE REQUEST CONFERENCE COMMITTEE 1ST 97-05-28 S SEN CONFERENCE COMMITTEE APPOINTED 1ST/FAWELL, 97-05-28 S HAWKINSON, DILLARD 97-05-28 S CULLERTON, SHAW 97-05-30 H HSE CONFERENCE COMMITTEE REPORT SUBMITED 1ST/ROSKAM 97-05-30 H CONFERENCE COMMITTEE REPORT REFERRED TO 1ST/HRUL 97-05-30 H HSE CONFERENCE COMMITTEE REPORT SUBMITED 1ST 97-05-30 S FILED WITH SECRETARY 97-05-30 S CONFERENCE COMMITTEE REPORT 1ST/FAWELL 97-05-30 S CONFERENCE COMMITTEE REPORT REFERRED TO SRUL 97-05-30 S CONFERENCE COMMITTEE REPORT 1ST/FAWELL 97-05-30 S BE APPROVED FOR CONSIDERATION SRUL 97-05-30 S SEN CONFERENCE COMMITTEE REPORT SUBMITED 1ST/FAWELL 97-05-30 S SENATE ADOPTED CONFERENCE REPORT 1ST/043-013-001 97-05-31 H CONFERENCE COMMITTEE REPORT 1ST/ROSKAM 97-05-31 H BE APPROVED FOR CONSIDERATION HRUL/003-002-000 97-05-31 H HOUSE ADOPTED CONFERENCE REPORT 1ST/116-000-001 97-05-31 S BOTH HOUSES ADOPTED CONFERENCE REPORT 1ST 97-05-31 S PASSED BOTH HOUSES 97-06-27 S SENT TO THE GOVERNOR 97-08-19 S GOVERNOR APPROVED 97-08-19 S EFFECTIVE DATE 97-08-19 97-08-19 S PUBLIC ACT.............................. 90-0505 END OF INQUIRY Full Text Bill Summary