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90_SB0381
705 ILCS 105/27.7 new
705 ILCS 505/21 from Ch. 37, par. 439.21
725 ILCS 5/122-4 from Ch. 38, par. 122-4
730 ILCS 5/3-4-3 from Ch. 38, par. 1003-4-3
730 ILCS 5/3-12-5 from Ch. 38, par. 1003-12-5
735 ILCS 5/Art. XXII heading new
735 ILCS 5/22-105 new
Amends the Clerks of Court Act, the Court of Claims Act,
the Code of Criminal Procedure of 1963, the Unified Code of
Corrections, and the Code of Civil Procedure. Provides that
if a prisoner files certain frivolous lawsuits against the
State, Illinois Department of Corrections, or the Prisoner
Review Board or against any of their officers or employees,
the prisoner shall be responsible for paying for the costs of
the lawsuit. Provides for a deduction from the prisoner's
account to pay for these costs. Effective immediately.
LRB9001056RCks
LRB9001056RCks
1 AN ACT in relation to court costs for frivolous lawsuits
2 filed by prisoners, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Clerks of Courts Act is amended by adding
6 Section 27.7 as follows:
7 (705 ILCS 105/27.7 new)
8 Sec. 27.7. Frivolous lawsuits filed by prisoners.
9 (a) The fees of the clerks of the circuit court shall not
10 be waived for a petitioner who is a prisoner in an Illinois
11 Department of Corrections facility who files a pleading,
12 motion, or other paper in a lawsuit seeking post-conviction
13 relief under Article 122 of the Code of Criminal Procedure of
14 1963 or a habeas corpus action under Article X of the Code of
15 Civil Procedure and the defendant is the State, the Illinois
16 Department of Corrections, or the Prisoner Review Board or
17 any of their officers or employees, and the court makes a
18 specific finding that the pleading, motion, or other paper is
19 frivolous.
20 (b) "Frivolous" means that a pleading, motion, or other
21 paper filed by a prisoner in his or her lawsuit does not meet
22 the following criteria:
23 (1) it is not being presented for any improper
24 purpose, such as to harass or to cause unnecessary delay
25 or needless increase in the cost of litigation;
26 (1) the claims, defenses, and other legal
27 contentions therein are warranted by existing law or by a
28 nonfrivolous argument for the extension, modification, or
29 reversal of existing law or the establishment of new law;
30 (3) the allegations and other factual contentions
31 have evidentiary support or, if specifically so
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1 identified, are likely to have evidentiary support after
2 a reasonable opportunity for further investigation or
3 discovery; and
4 (4) the denials of factual contentions are
5 warranted on the evidence or, if specifically so
6 identified, are reasonably based on a lack of information
7 or belief.
8 Section 10. The Court of Claims Act is amended by
9 changing Section 21 as follows:
10 (705 ILCS 505/21) (from Ch. 37, par. 439.21)
11 Sec. 21. The court is authorized to impose, by uniform
12 rules, a fee of $15 for the filing of a petition in any case
13 in which the award sought is more than $50 and less than
14 $1,000 and $35 in any case in which the award sought is
15 $1,000 or more; and to charge and collect for copies of
16 opinions or other documents filed in the Court of Claims such
17 fees as may be prescribed by the rules of the Court. All fees
18 and charges so collected shall be forthwith paid into the
19 State Treasury. A petitioner who is a prisoner in an Illinois
20 Department of Corrections facility who files a pleading,
21 motion, or other paper against the State, the Illinois
22 Department of Corrections, the Prisoner Review Board, or any
23 of their officers or employees in which the court makes a
24 specific finding that it is frivolous shall pay all court
25 costs in the manner provided in Article XXII of the Code of
26 Civil Procedure.
27 (Source: P.A. 83-865.)
28 Section 15. The Code of Criminal Procedure of 1963 is
29 amended by changing Section 122-4 as follows:
30 (725 ILCS 5/122-4) (from Ch. 38, par. 122-4)
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1 Sec. 122-4. Pauper Petitions. If the petition is not
2 dismissed pursuant to Section 122-2.1, and alleges that the
3 petitioner is unable to pay the costs of the proceeding, the
4 court may order that the petitioner be permitted to proceed
5 as a poor person and order a transcript of the proceedings
6 delivered to petitioner in accordance with Rule of the
7 Supreme Court. If the petitioner is without counsel and
8 alleges that he is without means to procure counsel, he shall
9 state whether or not he wishes counsel to be appointed to
10 represent him. If appointment of counsel is so requested,
11 and the petition is not dismissed pursuant to Section
12 122-2.1, the court shall appoint counsel if satisfied that
13 the petitioner has no means to procure counsel. A petitioner
14 who is a prisoner in an Illinois Department of Corrections
15 facility who files a pleading, motion, or other paper seeking
16 post-conviction relief under this Article against the State,
17 the Illinois Department of Corrections, the Prisoner Review
18 Board, or any of their officers or employees in which the
19 court makes a specific finding that the pleading, motion, or
20 other paper is frivolous shall not proceed as a poor person
21 and shall be liable for the full payment of actual court
22 costs as provided in Article XXII of the Code of Civil
23 Procedure.
24 A Circuit Court or the Illinois Supreme Court may appoint
25 the State Appellate Defender to provide post-conviction
26 representation in a case in which the defendant is sentenced
27 to death. Any attorney assigned by the Office of the State
28 Appellate Defender to provide post-conviction representation
29 for indigent defendants in cases in which a sentence of death
30 was imposed in the trial court may, from time to time submit
31 bills and time sheets to the Office of the State Appellate
32 Defender for payment of services rendered and the Office of
33 the State Appellate Defender shall pay bills from funds
34 appropriated for this purpose in accordance with rules
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1 promulgated by the State Appellate Defender.
2 The court, at the conclusion of the proceedings upon
3 receipt of a petition by the appointed counsel, shall
4 determine a reasonable amount to be allowed an indigent
5 defendant's counsel other than the Public Defender or the
6 State Appellate Defender for compensation and reimbursement
7 of expenditures necessarily incurred in the proceedings. The
8 compensation shall not exceed $500 in each case, except that,
9 in extraordinary circumstances, payment in excess of the
10 limits herein stated may be made if the trial court certifies
11 that the payment is necessary to provide fair compensation
12 for protracted representation, and the amount is approved by
13 the chief judge of the circuit. The court shall enter an
14 order directing the county treasurer of the county where the
15 case was tried to pay the amount thereby allowed by the
16 court. The court may order the provisional payment of sums
17 during the pendency of the cause.
18 (Source: P.A. 87-580.)
19 Section 20. The Unified Code of Corrections is amended
20 by changing Sections 3-4-3 and 3-12-5 as follows:
21 (730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3)
22 Sec. 3-4-3. Funds and Property of Persons Committed.
23 (a) The Department shall establish accounting records
24 with accounts for each person who has or receives money while
25 in an institution or facility of the Department and it shall
26 allow the withdrawal and disbursement of money by the person
27 under rules and regulations of the Department. Any interest
28 or other income from moneys deposited with the Department by
29 a resident of the Juvenile Division in excess of $200 shall
30 accrue to the individual's account, or in balances up to $200
31 shall accrue to the Residents' Benefit Fund. For an
32 individual in an institution or facility of the Adult
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1 Division the interest shall accrue to the Residents' Benefit
2 Fund. The Department shall disburse all moneys so held no
3 later than the person's final discharge from the Department.
4 Moneys in the account of a committed person who files a
5 lawsuit determined frivolous under Article XXII of the Code
6 of Civil Procedure shall be deducted to pay for the cost of
7 the suit as provided in that Article. The Department shall
8 under rules and regulations record and receipt all personal
9 property not allowed to committed persons. The Department
10 shall return such property to the individual no later than
11 the person's release on parole.
12 (b) Any money held in accounts of committed persons
13 separated from the Department by death, discharge, or
14 unauthorized absence and unclaimed for a period of 1 year
15 thereafter by the person or his legal representative shall be
16 transmitted to the State Treasurer who shall deposit it into
17 the General Revenue Fund. Articles of personal property of
18 persons so separated may be sold or used by the Department if
19 unclaimed for a period of 1 year for the same purpose.
20 Clothing, if unclaimed within 30 days, may be used or
21 disposed of as determined by the Department.
22 (c) Profits on sales from commissary stores shall be
23 expended by the Department for the special benefit of
24 committed persons which shall include but not be limited to
25 the advancement of inmate payrolls, for the special benefit
26 of employees, and for the advancement or reimbursement of
27 employee travel, provided that amounts expended for employees
28 shall not exceed the amount of profits derived from sales
29 made to employees by such commissaries, as determined by the
30 Department.
31 (d) The Department shall confiscate any unauthorized
32 currency found in the possession of a committed person. The
33 Department shall transmit the confiscated currency to the
34 State Treasurer who shall deposit it into the General Revenue
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1 Fund.
2 (Source: P.A. 89-689, eff. 12-31-96.)
3 (730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)
4 Sec. 3-12-5. Compensation. Persons performing a work
5 assignment under subsection (a) of Section 3-12-2 may receive
6 wages under rules and regulations of the Department. In
7 determining rates of compensation, the Department shall
8 consider the effort, skill and economic value of the work
9 performed. Compensation may be given to persons who
10 participate in other programs of the Department. Of the
11 compensation earned pursuant to this Section, a portion, as
12 determined by the Department, shall be used to offset the
13 cost of the committed person's incarceration. If the
14 committed person files a lawsuit determined frivolous under
15 Article XXII of the Code of Civil Procedure, a portion of the
16 compensation shall be used to offset the cost of the lawsuit
17 as provided in that Article. All other wages shall be
18 deposited in the individual's account under rules and
19 regulations of the Department. The Department shall notify
20 the Attorney General of any compensation applied towards a
21 satisfaction, in whole or in part, of the person's
22 incarceration costs.
23 (Source: P.A. 88-669, eff. 11-29-94; 88-679, eff. 7-1-95.)
24 Section 25. The Code of Civil Procedure is amended by
25 adding Article XXII as follows:
26 (735 ILCS 5/Art. XXII heading new)
27 ARTICLE XXII. FRIVOLOUS LAWSUITS FILED BY PRISONERS
28 (735 ILCS 5/22-105 new)
29 Sec. 22-105. Frivolous lawsuits filed by prisoners.
30 (a) If a prisoner confined in an Illinois Department of
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1 Corrections facility files a pleading, motion, or other paper
2 in a case seeking post-conviction relief under Article 122 of
3 the Code of Criminal Procedure of 1963, habeas corpus relief
4 under Article X of this Code, a claim under the Court of
5 Claims Act, or other action against the State, the Illinois
6 Department of Corrections, or the Prisoner Review Board, or
7 against any of their officers or employees and the Court
8 makes a specific finding that the pleading, motion, or other
9 paper filed by the prisoner is frivolous, the prisoner is
10 responsible for the full payment of actual court costs.
11 On filing the action or proceeding the court shall assess
12 and, when funds exist, collect as a partial payment of any
13 court costs required by law a first time payment of 20%.
14 Thereafter 20% of all deposits into the prisoner's individual
15 account under Sections 3-4-3 and 3-12-5 of the Unified Code
16 of Corrections administered by the Illinois Department of
17 Corrections shall be withheld until the actual court costs
18 are collected in full. The Department of Corrections shall
19 annually forward any moneys withheld to the court of
20 jurisdiction before January 31. If a prisoner is released
21 before the full costs are collected, the Department of
22 Corrections shall forward the amount of costs collected
23 through the date of release. The court of jurisdiction is
24 responsible for sending the Department of Corrections a copy
25 of the order mandating the amount of court fees to be paid.
26 Nothing in this Section prohibits an applicant from filing an
27 action or proceeding if the applicant is unable to pay the
28 court costs.
29 (b) In this Section, "frivolous" means that a pleading,
30 motion, or other paper filed by a prisoner in his or her
31 lawsuit does not meet the following criteria:
32 (A) it is not being presented for any improper
33 purpose, such as to harass or to cause unnecessary delay
34 or needless increase in the cost of litigation;
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1 (B) the claims, defenses, and other legal
2 contentions therein are warranted by existing law or by a
3 nonfrivolous argument for the extension, modification, or
4 reversal of existing law or the establishment of new law;
5 (C) the allegations and other factual contentions
6 have evidentiary support or, if specifically so
7 identified, are likely to have evidentiary support after
8 a reasonable opportunity for further investigation or
9 discovery; and
10 (D) the denials of factual contentions are
11 warranted on the evidence or, if specifically so
12 identified, are reasonably based on a lack of information
13 or belief.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.