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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 5-105.5 as follows:
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6 | (735 ILCS 5/5-105.5)
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7 | Sec. 5-105.5. Representation by civil legal services | ||||||
8 | provider.
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9 | (a) As used in this Section:
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10 | "Civil legal services" means legal services in noncriminal | ||||||
11 | matters provided
without charge to indigent persons who have | ||||||
12 | been found eligible under financial
eligibility guidelines | ||||||
13 | established by the civil legal services provider.
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14 | "Court-sponsored pro bono program" means a pro bono program | ||||||
15 | established by or in
partnership with a circuit court in this | ||||||
16 | State for the purpose of providing free civil legal services by
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17 | an organized panel of pro bono attorneys. | ||||||
18 | "Civil legal services provider" means a not-for-profit | ||||||
19 | corporation that (i)
employs one or more attorneys who are | ||||||
20 | licensed to practice law in the State of
Illinois and who | ||||||
21 | directly provide civil legal services or (ii) is established
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22 | for the purpose of providing civil legal services by an | ||||||
23 | organized panel of pro
bono attorneys.
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1 | "Eligible client" means an indigent person who has been | ||||||
2 | found eligible for
civil legal services by a civil legal | ||||||
3 | services provider.
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4 | "Indigent person" means a person whose income is 125% or | ||||||
5 | less of the current
official federal poverty income guidelines | ||||||
6 | or who is otherwise eligible to
receive civil legal services | ||||||
7 | under the eligibility guidelines of the civil legal services | ||||||
8 | provider or court-sponsored pro bono program Legal Services | ||||||
9 | Corporation Act of 1974 .
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10 | (b) When a party is represented in a civil action by a | ||||||
11 | civil legal services
provider or attorney in a court-sponsored | ||||||
12 | pro bono program , all fees and costs relating to filing, | ||||||
13 | appearing, transcripts on
appeal, and service of process shall | ||||||
14 | be waived without the necessity of a
motion for that purpose, | ||||||
15 | and the case shall be given an index number or other
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16 | appropriate filing number, provided that (i) a determination | ||||||
17 | has been made by
the civil legal services provider or attorney | ||||||
18 | in a court-sponsored pro bono program that the party is an | ||||||
19 | indigent person and (ii) an
attorney's certification that that | ||||||
20 | determination has been made is filed with
the clerk of the | ||||||
21 | court along with the complaint, the appearance, or any other
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22 | paper that would otherwise require payment of a fee.
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23 | (c) The changes made to this Section by this amendatory Act | ||||||
24 | of the 98th General Assembly apply to all actions commenced on | ||||||
25 | or after July 1, 2013. The changes made to this Section by this | ||||||
26 | amendatory Act of the 98th General Assembly also apply to all |
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1 | actions pending on or after the effective date of this | ||||||
2 | amendatory Act of the 98th General Assembly, but only with | ||||||
3 | respect to fees and costs that become due in those actions | ||||||
4 | after July 1, 2013. | ||||||
5 | (Source: P.A. 88-41.)
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