Bill Text: IL HB2995 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Provides that the court may require that evidence of income accompany the application for leave to sue or defend as an indigent person, and that the affidavit submitted in support of the application shall state that it is made under penalty of perjury. Provides that any other party or his or her agent or attorney may contest the truth of an affidavit of indigency by verifying affirmatively under oath that the affidavit is untrue, and that the issue shall be heard and determined by the court, under the rules of the court. Provides that an attorney may not charge a fee to an applicant for preparation of an application for leave to sue or defend as an indigent person. Provides that the notice apprising litigants of their right to ask for leave to sue without payment of fees must contain language informing the applicant that he or she will be required to reimburse court fees, costs, and charges at the end of the case if he or she receives a monetary judgment or settlement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2995 Detail]

Download: Illinois-2013-HB2995-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2995 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED:
735 ILCS 5/5-105 from Ch. 110, par. 5-105
Amends the Code of Civil Procedure. Provides that the court may require that evidence of income accompany the application for leave to sue or defend as an indigent person, and that the affidavit submitted in support of the application shall state that it is made under penalty of perjury. Provides that any other party or his or her agent or attorney may contest the truth of an affidavit of indigency by verifying affirmatively under oath that the affidavit is untrue, and that the issue shall be heard and determined by the court, under the rules of the court. Provides that an attorney may not charge a fee to an applicant for preparation of an application for leave to sue or defend as an indigent person. Provides that the notice apprising litigants of their right to ask for leave to sue without payment of fees must contain language informing the applicant that he or she will be required to reimburse court fees, costs, and charges at the end of the case if he or she receives a monetary judgment or settlement.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 5-105 as follows:
(735 ILCS 5/5-105) (from Ch. 110, par. 5-105)
Sec. 5-105. Leave to sue or defend as an indigent person.
(a) As used in this Section:
(1) "Fees, costs, and charges" means payments imposed
on a party in connection with the prosecution or defense of
a civil action, including, but not limited to: filing fees;
appearance fees; fees for service of process and other
papers served either within or outside this State,
including service by publication pursuant to Section 2-206
of this Code and publication of necessary legal notices;
motion fees; jury demand fees; charges for participation
in, or attendance at, any mandatory process or procedure
including, but not limited to, conciliation, mediation,
arbitration, counseling, evaluation, "Children First",
"Focus on Children" or similar programs; fees for
supplementary proceedings; charges for translation
services; guardian ad litem fees; charges for certified
copies of court documents; and all other processes and

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procedures deemed by the court to be necessary to commence,
prosecute, defend, or enforce relief in a civil action.
(2) "Indigent person" means any person who meets one or
more of the following criteria:
(i) He or she is receiving assistance under one or
more of the following public benefits programs:
Supplemental Security Income (SSI), Aid to the Aged,
Blind and Disabled (AABD), Temporary Assistance for
Needy Families (TANF), Food Stamps, General
Assistance, Transitional Assistance, or State Children
and Family Assistance.
(ii) His or her available income is 125% or less of
the current poverty level as established by the United
States Department of Health and Human Services, unless
the applicant's assets that are not exempt under Part 9
or 10 of Article XII of this Code are of a nature and
value that the court determines that the applicant is
able to pay the fees, costs, and charges.
(iii) He or she is, in the discretion of the court,
unable to proceed in an action without payment of fees,
costs, and charges and whose payment of those fees,
costs, and charges would result in substantial
hardship to the person or his or her family.
(iv) He or she is an indigent person pursuant to
Section 5-105.5 of this Code.
(b) On the application of any person, before, or after the

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commencement of an action, a court, on finding that the
applicant is an indigent person, shall grant the applicant
leave to sue or defend the action without payment of the fees,
costs, and charges of the action.
(c) An application for leave to sue or defend an action as
an indigent person shall be in writing and supported by the
affidavit of the applicant or, if the applicant is a minor or
an incompetent adult, by the affidavit of another person having
knowledge of the facts. The court may require that evidence of
income accompany the application. The affidavit shall state
that it is made under penalty of perjury. Any other party or
his or her agent or attorney may contest the truth of an
affidavit of indigency by verifying affirmatively under oath
that the affidavit is untrue. The issue shall be heard and
determined by the court, under the rules of the court. The
contents of the affidavit shall be established by Supreme Court
Rule. An attorney may not charge a fee to an applicant for
preparation of an application for leave to sue or defend as an
indigent person. The court shall provide, through the office of
the clerk of the court, simplified forms consistent with the
requirements of this Section and applicable Supreme Court Rules
to any person seeking to sue or defend an action who indicates
an inability to pay the fees, costs, and charges of the action.
The application and supporting affidavit may be incorporated
into one simplified form. The clerk of the court shall post in
a conspicuous place in the courthouse a notice no smaller than

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8.5 x 11 inches, using no smaller than 30-point typeface
printed in English and in Spanish, advising the public that
they may ask the court for permission to sue or defend a civil
action without payment of fees, costs, and charges. The notice
shall be substantially as follows:
"If you are unable to pay the fees, costs, and charges
of an action you may ask the court to allow you to proceed
without paying them. However, you will be required to
reimburse these court fees, costs, and charges at the end
of the case if you receive a monetary judgment or
settlement. Ask the clerk of the court for forms."
(d) The court shall rule on applications under this Section
in a timely manner based on information contained in the
application and evidence of current income, if any, unless the
court, in its discretion, requires the applicant to personally
appear to explain or clarify information contained in the
application. If the court finds that the applicant is an
indigent person, the court shall enter an order permitting the
applicant to sue or defend without payment of fees, costs, or
charges. If the application is denied, the court shall enter an
order to that effect stating the specific reasons for the
denial. The clerk of the court shall promptly mail or deliver a
copy of the order to the applicant.
(e) The clerk of the court shall not refuse to accept and
file any complaint, appearance, or other paper presented by the
applicant if accompanied by an application to sue or defend in

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forma pauperis, and those papers shall be considered filed on
the date the application is presented. If the application is
denied, the order shall state a date certain by which the
necessary fees, costs, and charges must be paid. The court, for
good cause shown, may allow an applicant whose application is
denied to defer payment of fees, costs, and charges, make
installment payments, or make payment upon reasonable terms and
conditions stated in the order. The court may dismiss the
claims or defenses of any party failing to pay the fees, costs,
or charges within the time and in the manner ordered by the
court. A determination concerning an application to sue or
defend in forma pauperis shall not be construed as a ruling on
the merits.
(f) The court may order an indigent person to pay all or a
portion of the fees, costs, or charges waived pursuant to this
Section out of moneys recovered by the indigent person pursuant
to a judgment or settlement resulting from the civil action.
However, nothing in this Section shall be construed to limit
the authority of a court to order another party to the action
to pay the fees, costs, or charges of the action.
(g) A court, in its discretion, may appoint counsel to
represent an indigent person, and that counsel shall perform
his or her duties without fees, charges, or reward.
(h) Nothing in this Section shall be construed to affect
the right of a party to sue or defend an action in forma
pauperis without the payment of fees, costs, or charges, or the

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right of a party to court-appointed counsel, as authorized by
any other provision of law or by the rules of the Illinois
Supreme Court.
(i) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 97-689, eff. 6-14-12; 97-813, eff. 7-13-12.)