90th General Assembly
Summary of SB0381
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Senate Sponsors:
FAWELL-LUECHTEFELD-WATSON-BOMKE-DUDYCZ, 
   MAHAR, FITZGERALD, DILLARD, LINK, WELCH, 
   SEVERNS AND LAUZEN.

House Sponsors:
ROSKAM-BOST-SCULLY-GASH-NOVAK

Short description: 
FRIVOLOUS LAWSUITS-PRISONR PAY                                             

Synopsis of Bill as introduced:
        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.               
 
Last action on Bill: PUBLIC ACT.............................. 90-0505

   Last action date: 97-08-19

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   3     SENATE -   1


   END OF INQUIRY 
                                                                               



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