103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4279

 

Introduced 1/16/2024, by Rep. Dave Vella

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/5-105  from Ch. 110, par. 5-105

    Amends the Costs Article of the Code of Civil Procedure. Provides that on the application of any person, before or after the commencement of an action for child support, if the court finds that the applicant is a person whose income is below the poverty level, the court shall grant the applicant a full waiver entitling the applicant to sue or defend the action without payment of any of the fees, costs, and charges.


LRB103 35557 LNS 65629 b

 

 

A BILL FOR

 

HB4279LRB103 35557 LNS 65629 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 5-105 as follows:
 
6    (735 ILCS 5/5-105)  (from Ch. 110, par. 5-105)
7    Sec. 5-105. Waiver of court fees, costs, and charges.
8    (a) As used in this Section:
9        (1) "Fees, costs, and charges" means payments imposed
10    on a party in connection with the prosecution or defense
11    of a civil action, including, but not limited to: fees set
12    forth in Section 27.1b of the Clerks of Courts Act; fees
13    for service of process and other papers served either
14    within or outside this State, including service by
15    publication pursuant to Section 2-206 of this Code and
16    publication of necessary legal notices; motion fees;
17    charges for participation in, or attendance at, any
18    mandatory process or procedure, including, but not limited
19    to, conciliation, mediation, arbitration, counseling,
20    evaluation, "Children First", "Focus on Children", or
21    similar programs; fees for supplementary proceedings;
22    charges for translation services; guardian ad litem fees;
23    and all other processes and procedures deemed by the court

 

 

HB4279- 2 -LRB103 35557 LNS 65629 b

1    to be necessary to commence, prosecute, defend, or enforce
2    relief in a civil action.
3        (2) "Indigent person" means any person who meets one
4    or more of the following criteria:
5            (i) The person He or she is receiving assistance
6        under one or more of the following means-based
7        governmental public benefits programs: Supplemental
8        Security Income (SSI), Aid to the Aged, Blind and
9        Disabled (AABD), Temporary Assistance for Needy
10        Families (TANF), Supplemental Nutrition Assistance
11        Program (SNAP), General Assistance, Transitional
12        Assistance, or State Children and Family Assistance.
13            (ii) The person's His or her available personal
14        income is 125% or less of the current poverty level,
15        unless the applicant's assets that are not exempt
16        under Part 9 or 10 of Article XII of this Code are of a
17        nature and value that the court determines that the
18        applicant is able to pay the fees, costs, and charges.
19            (iii) The person He or she is, in the discretion of
20        the court, unable to proceed in an action without
21        payment of fees, costs, and charges and whose payment
22        of those fees, costs, and charges would result in
23        substantial hardship to the person or the person's his
24        or her family.
25            (iv) The person He or she is an indigent person
26        pursuant to Section 5-105.5 of this Code.

 

 

HB4279- 3 -LRB103 35557 LNS 65629 b

1        (3) "Poverty level" means the current poverty level as
2    established by the United States Department of Health and
3    Human Services.
4    (b) On the application of any person, before or after the
5commencement of an action:
6        (1) If the court finds that the applicant is an
7    indigent person, the court shall grant the applicant a
8    full fees, costs, and charges waiver entitling the person
9    him or her to sue or defend the action without payment of
10    any of the fees, costs, and charges.
11        (2) If the court finds that the applicant satisfies
12    any of the criteria contained in items (i), (ii), or (iii)
13    of this subdivision (b)(2), the court shall grant the
14    applicant a partial fees, costs, and charges waiver
15    entitling the person him or her to sue or defend the action
16    upon payment of the applicable percentage of the
17    assessments, costs, and charges of the action, as follows:
18            (i) the court shall waive 75% of all fees, costs,
19        and charges if the available income of the applicant
20        is greater than 125% but does not exceed 150% of the
21        poverty level, unless the assets of the applicant that
22        are not exempt under Part 9 or 10 of Article XII of
23        this Code are such that the applicant is able, without
24        undue hardship, to pay a greater portion of the fees,
25        costs, and charges;
26            (ii) the court shall waive 50% of all fees, costs,

 

 

HB4279- 4 -LRB103 35557 LNS 65629 b

1        and charges if the available income is greater than
2        150% but does not exceed 175% of the poverty level,
3        unless the assets of the applicant that are not exempt
4        under Part 9 or 10 of Article XII of this Code are such
5        that the applicant is able, without undue hardship, to
6        pay a greater portion of the fees, costs, and charges;
7        and
8            (iii) the court shall waive 25% of all fees,
9        costs, and charges if the available income of the
10        applicant is greater than 175% but does not exceed
11        200% of the current poverty level, unless the assets
12        of the applicant that are not exempt under Part 9 or 10
13        of Article XII of this Code are such that the applicant
14        is able, without undue hardship, to pay a greater
15        portion of the fees, costs, and charges.
16        (3) In an action for child support, if the court finds
17    that the applicant is a person whose income is below the
18    poverty level, the court shall grant the applicant a full
19    waiver entitling the applicant to sue or defend the action
20    without payment of any of the fees, costs, and charges.
21    (c) An application for waiver of court fees, costs, and
22charges shall be in writing and signed by the applicant, or, if
23the applicant is a minor or an incompetent adult, by another
24person having knowledge of the facts. The contents of the
25application for waiver of court fees, costs, and charges, and
26the procedure for the decision of the applications, shall be

 

 

HB4279- 5 -LRB103 35557 LNS 65629 b

1established by Supreme Court Rule. Factors to consider in
2evaluating an application shall include:
3        (1) the applicant's receipt of needs based
4    governmental public benefits, including Supplemental
5    Security Income (SSI); Aid to the Aged, Blind and Disabled
6    (AABD); Temporary Assistance for Needy Families (TANF);
7    Supplemental Nutrition Assistance Program (SNAP or "food
8    stamps"); General Assistance; Transitional Assistance; or
9    State Children and Family Assistance;
10        (2) the employment status of the applicant and amount
11    of monthly income, if any;
12        (3) income received from the applicant's pension,
13    Social Security benefits, unemployment benefits, and other
14    sources;
15        (4) income received by the applicant from other
16    household members;
17        (5) the applicant's monthly expenses, including rent,
18    home mortgage, other mortgage, utilities, food, medical,
19    vehicle, childcare, debts, child support, and other
20    expenses; and
21        (6) financial affidavits or other similar supporting
22    documentation provided by the applicant showing that
23    payment of the imposed fees, costs, and charges would
24    result in substantial hardship to the applicant or the
25    applicant's family.
26    (c-5) The court shall provide, through the office of the

 

 

HB4279- 6 -LRB103 35557 LNS 65629 b

1clerk of the court, the application for waiver of court fees,
2costs, and charges to any person seeking to sue or defend an
3action who indicates an inability to pay the fees, costs, and
4charges of the action. The clerk of the court shall post in a
5conspicuous place in the courthouse a notice no smaller than
68.5 x 11 inches, using no smaller than 30-point typeface
7printed in English and in Spanish, advising the public that
8they may ask the court for permission to sue or defend a civil
9action without payment of fees, costs, and charges. The notice
10shall be substantially as follows:
11        "If you are unable to pay the fees, costs, and charges
12    of an action you may ask the court to allow you to proceed
13    without paying them. Ask the clerk of the court for
14    forms."
15    (d) (Blank).
16    (e) The clerk of the court shall not refuse to accept and
17file any complaint, appearance, or other paper presented by
18the applicant if accompanied by an application for waiver of
19court fees, costs, and charges, and those papers shall be
20considered filed on the date the application is presented. If
21the application is denied or a partial fees, costs, and
22charges waiver is granted, the order shall state a date
23certain by which the necessary fees, costs, and charges must
24be paid. For good cause shown, the court may allow an applicant
25who receives a partial fees, costs, and charges waiver to
26defer payment of fees, costs, and charges, make installment

 

 

HB4279- 7 -LRB103 35557 LNS 65629 b

1payments, or make payment upon reasonable terms and conditions
2stated in the order. The court may dismiss the claims or strike
3the defenses of any party failing to pay the fees, costs, and
4charges within the time and in the manner ordered by the court.
5A judicial ruling on an application for waiver of court
6assessments does not constitute a decision of a substantial
7issue in the case under Section 2-1001 of this Code.
8    (f) The order granting a full or partial fees, costs, and
9charges waiver shall expire after one year. Upon expiration of
10the waiver, or a reasonable period of time before expiration,
11the party whose fees, costs, and charges were waived may file
12another application for waiver and the court shall consider
13the application in accordance with the applicable Supreme
14Court Rule.
15    (f-5) If, before or at the time of final disposition of the
16case, the court obtains information, including information
17from the court file, suggesting that a person whose fees,
18costs, and charges were initially waived was not entitled to a
19full or partial waiver at the time of application, the court
20may require the person to appear at a court hearing by giving
21the applicant no less than 10 days' written notice of the
22hearing and the specific reasons why the initial waiver might
23be reconsidered. The court may require the applicant to
24provide reasonably available evidence, including financial
25information, to support the applicant's his or her eligibility
26for the waiver, but the court shall not require submission of

 

 

HB4279- 8 -LRB103 35557 LNS 65629 b

1information that is unrelated to the criteria for eligibility
2and application requirements set forth in subdivision (b)(1)
3or (b)(2) of this Section. If the court finds that the person
4was not initially entitled to any waiver, the person shall pay
5all fees, costs, and charges relating to the civil action,
6including any previously waived fees, costs, and charges. The
7order may state terms of payment in accordance with subsection
8(e). The court shall not conduct a hearing under this
9subsection more often than once every 6 months.
10    (f-10) If, before or at the time of final disposition of
11the case, the court obtains information, including information
12from the court file, suggesting that a person who received a
13full or partial waiver has experienced a change in financial
14condition so that the person he or she is no longer eligible
15for that waiver, the court may require the person to appear at
16a court hearing by giving the applicant no less than 10 days'
17written notice of the hearing and the specific reasons why the
18waiver might be reconsidered. The court may require the person
19to provide reasonably available evidence, including financial
20information, to support the person's his or her continued
21eligibility for the waiver, but shall not require submission
22of information that is unrelated to the criteria for
23eligibility and application requirements set forth in
24subdivisions (b)(1) and (b)(2) of this Section. If the court
25enters an order finding that the person is no longer entitled
26to a waiver, or is entitled to a partial waiver different than

 

 

HB4279- 9 -LRB103 35557 LNS 65629 b

1that which the person had previously received, the person
2shall pay the requisite fees, costs, and charges from the date
3of the order going forward. The order may state terms of
4payment in accordance with subsection (e) of this Section. The
5court shall not conduct a hearing under this subsection more
6often than once every 6 months.
7    (g) A court, in its discretion, may appoint counsel to
8represent an indigent person, and that counsel shall perform
9the counsel's his or her duties without fees, charges, or
10reward.
11    (h) Nothing in this Section shall be construed to affect
12the right of a party to sue or defend an action in forma
13pauperis without the payment of fees, costs, charges, or the
14right of a party to court-appointed counsel, as authorized by
15any other provision of law or by the rules of the Illinois
16Supreme Court. Nothing in this Section shall be construed to
17limit the authority of a court to order another party to the
18action to pay the fees, costs, and charges of the action.
19    (h-5) If a party is represented by a civil legal services
20provider or an attorney in a court-sponsored pro bono program
21as defined in Section 5-105.5 of this Code, the attorney
22representing that party shall file a certification with the
23court in accordance with Supreme Court Rule 298 and that party
24shall be allowed to sue or defend without payment of fees,
25costs, and charges without filing an application under this
26Section.

 

 

HB4279- 10 -LRB103 35557 LNS 65629 b

1    (h-10) (Blank).
2    (i) The provisions of this Section are severable under
3Section 1.31 of the Statute on Statutes.
4(Source: P.A. 101-36, eff. 6-28-19; 102-558, eff. 8-20-21.)