093_HB2613

 
                                     LRB093 07554 RCE 07729 b

 1        AN ACT concerning civil practice.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Code  of  Civil Procedure is amended by
 5    adding Section 2-1012 as follows:

 6        (735 ILCS 5/2-1012 new)
 7        Sec. 2-1012. Frivolous, bad faith, and improper  actions;
 8    sanctions.
 9        (a)  If the court determines that an action is frivolous,
10    was  not  commenced in good faith, is not being prosecuted or
11    defended  in  good  faith,  was  commenced  for  an  improper
12    purpose, such as to harass or to cause unnecessary  delay  or
13    needless  cost  of  litigation,  or  is  being  prosecuted or
14    defended for an improper purpose, then the court may impose a
15    sanction under this Section on the responsible party, his  or
16    her  attorney,  or  both. An action is frivolous if it is not
17    reasonably well grounded in fact or not warranted by existing
18    law or a good-faith argument for the extension, modification,
19    or reversal of existing law.
20        (b)  The sanction under this Section is that  the  court,
21    in  its  discretion,  may order the responsible party, his or
22    her attorney, or both to pay the State, the county,  or  both
23    amounts  reasonably  calculated  to  reimburse the State, the
24    county, or both for the costs of processing  the  action  and
25    providing  personnel  and  facilities  in connection with the
26    action, including without limitation salaries of  judges  and
27    other  personnel  and  all other expenses associated with the
28    action.
29        (c)  This Section is intended  to  deter  frivolous,  bad
30    faith,  and improper actions and to punish those responsible.
31    This Section shall be enforced by the court in any reasonable
 
                            -2-      LRB093 07554 RCE 07729 b
 1    manner to accomplish those purposes.