Bill Amendment: IL HB3933 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ACCESS TO JUSTICE ACT-VARIOUS
Status: 2015-08-05 - Public Act . . . . . . . . . 99-0281 [HB3933 Detail]
Download: Illinois-2015-HB3933-House_Amendment_003.html
Bill Title: ACCESS TO JUSTICE ACT-VARIOUS
Status: 2015-08-05 - Public Act . . . . . . . . . 99-0281 [HB3933 Detail]
Download: Illinois-2015-HB3933-House_Amendment_003.html
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1 | AMENDMENT TO HOUSE BILL 3933
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2 | AMENDMENT NO. ______. Amend House Bill 3933, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Access to Justice Act is amended by | ||||||
6 | changing Sections 5, 10, 15, and 20 and by adding Section 7 as | ||||||
7 | follows:
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8 | (705 ILCS 95/5)
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9 | Sec. 5. Findings. | ||||||
10 | (a) The justice system in this State can only function | ||||||
11 | fairly and effectively when there is meaningful access to legal | ||||||
12 | information, resources, and assistance for all litigants, | ||||||
13 | regardless of their income or circumstances.
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14 | (b) Increasing numbers of people throughout this State , | ||||||
15 | including an increasing number of active duty service members | ||||||
16 | and veterans, are coming into the courts without legal |
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1 | representation for cases involving important legal matters | ||||||
2 | impacting the basics of life such as health, safety, and | ||||||
3 | shelter. In order for the courts to provide fair and efficient | ||||||
4 | administration of justice in these cases, it is critical that | ||||||
5 | people , and active duty service members and veterans in | ||||||
6 | particular, have better access to varying levels of legal | ||||||
7 | assistance appropriate for their individual circumstances , | ||||||
8 | which will reduce the number of cases the courts must manage | ||||||
9 | and reduce unnecessary backlogs and delays in the court system | ||||||
10 | for the benefit of all litigants .
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11 | (c) An increasing number of active duty service members and | ||||||
12 | veterans in this State have a need for legal information and | ||||||
13 | assistance in a variety of matters that are often critical to | ||||||
14 | their safety and independence, yet they are often unable to | ||||||
15 | access that assistance. Providing access to legal advice and a | ||||||
16 | referral system of attorneys for veterans and active duty | ||||||
17 | service members, who often have underlying issues as a result | ||||||
18 | of their military service, increases the efficiency of the | ||||||
19 | court system and advances access to justice for everyone in | ||||||
20 | this State.
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21 | (Source: P.A. 98-351, eff. 8-15-13.)
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22 | (705 ILCS 95/7 new) | ||||||
23 | Sec. 7. Definitions. As used in this Act: | ||||||
24 | (a)
"Foundation" means the Illinois Equal Justice | ||||||
25 | Foundation, a not-for-profit corporation created by the |
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1 | Illinois State Bar Association and the Chicago Bar Association | ||||||
2 | and recognized under the Illinois Equal Justice Act. | ||||||
3 | (b) "Illinois Access to Civil Justice Council" or "Council" | ||||||
4 | means a special advisory body created by the Foundation. The | ||||||
5 | Council consists of 7 members, appointed as follows: one by the | ||||||
6 | Lawyers Trust Fund of Illinois, one by the Chicago Bar | ||||||
7 | Foundation, one by the Illinois Bar Foundation, one by the | ||||||
8 | Illinois Department of Veterans' Affairs, one by the Illinois | ||||||
9 | Attorney General, and 2 by the Foundation or any successor | ||||||
10 | entities or agencies as designated by the Council.
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11 | (705 ILCS 95/10)
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12 | Sec. 10. Pilot programs. | ||||||
13 | (a) The Illinois Access to Civil Justice Council shall | ||||||
14 | General Assembly encourages the Supreme Court to develop : (i) a | ||||||
15 | pilot program to create a statewide military personnel and | ||||||
16 | veterans' legal assistance hotline and coordinated network of | ||||||
17 | legal support resources ; and (ii) a pilot program to provide | ||||||
18 | court-based legal assistance within a circuit court in each | ||||||
19 | appellate district of this State . | ||||||
20 | (a-5) The Supreme Court Access to Justice Commission may | ||||||
21 | develop a pilot program to provide court-based legal assistance | ||||||
22 | services. | ||||||
23 | (b) The General Assembly recommends that the rules | ||||||
24 | developing the pilot programs: | ||||||
25 | (1) provide intake, screening, and varying levels of |
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1 | legal assistance to ensure that the parties served by these | ||||||
2 | programs have meaningful access to justice; | ||||||
3 | (2) gather information on the outcomes associated with | ||||||
4 | providing the services described in paragraph (1) of this | ||||||
5 | subsection; and | ||||||
6 | (3) guard against the involuntary waiver of rights or | ||||||
7 | disposition by default.
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8 | (Source: P.A. 98-351, eff. 8-15-13.)
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9 | (705 ILCS 95/15)
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10 | Sec. 15. Access to Justice Fund. | ||||||
11 | (a) The Access to Justice Fund is created as a special fund | ||||||
12 | in the State treasury. The Fund shall consist of fees collected | ||||||
13 | under Section 27.3g of the Clerks of Courts Act. Moneys Subject | ||||||
14 | to appropriation, moneys in the Access to Justice Fund shall be | ||||||
15 | directed to and used by the Attorney General for grants to the | ||||||
16 | Foundation Supreme Court for the administration of the pilot | ||||||
17 | programs created under this Act. Grants made under this Act to | ||||||
18 | the Foundation are subject to the requirements of the Illinois | ||||||
19 | Grant Funds Recovery Act. | ||||||
20 | (b) In accordance with the requirements of the Illinois | ||||||
21 | Equal Justice Act, the Foundation may make grants, enter into | ||||||
22 | contracts, and take other actions recommended by the Council to | ||||||
23 | effectuate the pilot programs and comply with the other | ||||||
24 | requirements of this Act. | ||||||
25 | (c) The governing board of the Foundation must prepare and |
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1 | submit an annual report to the Governor, the President of the | ||||||
2 | Senate, the Minority Leader of the Senate, the Speaker of the | ||||||
3 | House of Representatives, the Minority Leader of the House of | ||||||
4 | Representatives, and the Justices of the Illinois Supreme | ||||||
5 | Court. The report must include: (i) a statement of the total | ||||||
6 | receipts and a breakdown by source during each of the previous | ||||||
7 | 2 calendar years; (ii) a list of the names and addresses of the | ||||||
8 | recipients that are currently receiving funds and that received | ||||||
9 | funds in the previous year and the amounts committed to | ||||||
10 | recipients for the current year and paid in the previous year; | ||||||
11 | (iii) a breakdown of the amounts paid during the previous year | ||||||
12 | to recipients and the amounts committed to each recipient for | ||||||
13 | the current year; (iv) a breakdown of the Foundation's costs in | ||||||
14 | administering the Fund; (v) a statement of the Fund balance at | ||||||
15 | the start and at the close of the previous year and the | ||||||
16 | interest earned during the previous year; and (vi) any notices | ||||||
17 | the Foundation issued denying applications for moneys under | ||||||
18 | this Act. The report, in its entirety, is a public record, and | ||||||
19 | the Foundation and the Governor shall make the report available | ||||||
20 | for inspection upon request. | ||||||
21 | (d) The Foundation may annually retain a portion of the | ||||||
22 | amounts it receives under this Section to reimburse the | ||||||
23 | Foundation for the actual cost of administering the Council and | ||||||
24 | for making the grants and distributions pursuant to this Act | ||||||
25 | during that year. | ||||||
26 | (e) No moneys distributed from the Access to Justice Fund |
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1 | may be directly or indirectly used for lobbying activities, as | ||||||
2 | defined in Section 2 of the Lobbyist Registration Act or as | ||||||
3 | defined in any ordinance or resolution of a municipality, | ||||||
4 | county, or other unit of local government in Illinois.
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5 | (f) The Foundation may make, enter into, and execute | ||||||
6 | contracts, agreements, leases, and other instruments with any | ||||||
7 | person, including without limitation any federal, State, or | ||||||
8 | local governmental agency, and may take other actions that may | ||||||
9 | be necessary or convenient to accomplish any purpose authorized | ||||||
10 | by this Act. | ||||||
11 | (g) The Foundation has the authority to receive and accept | ||||||
12 | any and all grants, loans, subsidies, matching funds, | ||||||
13 | reimbursements, federal grant moneys, fees for services, and | ||||||
14 | other things of value from the federal or State government or | ||||||
15 | any agency of any other state or from any institution, person, | ||||||
16 | firm, or corporation, public or private, to be used to carry | ||||||
17 | out the purposes of this Act. | ||||||
18 | (Source: P.A. 98-351, eff. 8-15-13.)
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19 | (705 ILCS 95/20)
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20 | Sec. 20. Evaluation. The Council Supreme Court shall study | ||||||
21 | the effectiveness of the pilot programs implemented under this | ||||||
22 | Act and submit a report to the Supreme Court, Governor, and | ||||||
23 | General Assembly by June 1, 2021 2017 . The report shall include | ||||||
24 | the number of people served by the veteran and active military | ||||||
25 | legal hotline and pro bono program and data on how the pilot |
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1 | programs expanded access to justice and the impact on | ||||||
2 | government programs and community resources in each pilot | ||||||
3 | program and data on the impact of varying levels of legal | ||||||
4 | assistance on access to justice, the effect on fair and | ||||||
5 | efficient court administration, and the impact on government | ||||||
6 | programs and community resources . This report shall describe | ||||||
7 | the benefits of providing legal assistance to those who were | ||||||
8 | previously unrepresented, both for the clients , the military | ||||||
9 | and veteran service organizations, and civil legal aid | ||||||
10 | programs, and the courts, and shall describe strategies and | ||||||
11 | recommendations for maximizing the benefit of that | ||||||
12 | representation in the future. The report shall include an | ||||||
13 | assessment of the continuing unmet needs and, if available, | ||||||
14 | data regarding those unmet needs.
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15 | (Source: P.A. 98-351, eff. 8-15-13.)
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16 | Section 10. The Clerks of Courts Act is amended by changing | ||||||
17 | Section 27.3g as follows:
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18 | (705 ILCS 105/27.3g) | ||||||
19 | (Section scheduled to be repealed on August 15, 2018) | ||||||
20 | Sec. 27.3g. Pilot program; Access to Justice Act. | ||||||
21 | (a) On and after September 1, 2015 If the Supreme Court | ||||||
22 | develops a pilot program to provide court-based legal | ||||||
23 | assistance in accordance with Section 10 of the Access to | ||||||
24 | Justice Act , all clerks of the circuit court shall charge and |
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1 | collect at the time of filing the first pleading, paper, or | ||||||
2 | other appearance filed by each party in all civil cases, in | ||||||
3 | addition to any other fees, a fee of $2 $10 , but no additional | ||||||
4 | fee shall be required if more than one party is represented in | ||||||
5 | a single pleading, paper, or other appearance. Fees received by | ||||||
6 | the clerk of the circuit court under this Section shall be | ||||||
7 | remitted by the clerk of the circuit court to the Attorney | ||||||
8 | General , within one month after receipt, to the Supreme Court | ||||||
9 | for deposit into the Access to Justice Fund created under | ||||||
10 | Section 15 of the Access to Justice Act. | ||||||
11 | (b) This Section is repealed on September 1, 2020 5 years | ||||||
12 | after the effective date of this amendatory Act of the 98th | ||||||
13 | General Assembly .
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14 | (Source: P.A. 98-351, eff. 8-15-13.)
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
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