[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ House Amendment 003 ] |
90_SB1602ham002
LRB9011366SMdvam03
1 AMENDMENT TO SENATE BILL 1602
2 AMENDMENT NO. . Amend Senate Bill 1602 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT in relation to courts."; and
5 on page 1, by replacing line 5 with the following:
6 "Section 5. The Mental Health and Developmental
7 Disabilities Code is amended by changing Sections 3-816,
8 3-818, 4-613, and 4-615 as follows:
9 (405 ILCS 5/3-816) (from Ch. 91 1/2, par. 3-816)
10 Sec. 3-816. Final orders; copies; appeal.
11 (a) Every final order entered by the court under this
12 Act shall be in writing and shall be accompanied by a
13 statement on the record of the court's findings of fact and
14 conclusions of law. A copy of such order shall be promptly
15 given to the recipient or his or her attorney and to the
16 facility director of the facility or alternative treatment to
17 which the recipient is admitted or to the person in whose
18 care and custody the recipient is placed.
19 (b) An appeal from a final order may be taken in the
20 same manner as in other civil cases. Upon entry of a final
21 order, the court shall notify the recipient orally and in
-2- LRB9011366SMdvam03
1 writing of his or her right to appeal and, if he or she is
2 indigent, of his or her right to a free transcript and
3 counsel. The cost of the transcript shall be paid pursuant
4 to subsection (c) of Section 3-818 and subsection (c) of
5 Section 4-615 of this Code. If the recipient wishes to
6 appeal and is unable to obtain counsel, counsel shall be
7 appointed pursuant to Section 3-805.
8 (Source: P.A. 88-380.)
9 (405 ILCS 5/3-818) (from Ch. 91 1/2, par. 3-818)
10 Sec. 3-818. Fees; costs.
11 (a) Fees for jury service, witnesses, and service and
12 execution of process are the same as for similar services in
13 civil proceedings.
14 (b) Except as provided under subsection (c) of this
15 Section, the court may assess costs of the proceedings
16 against the parties. If the respondent is not a resident of
17 the county in which the hearing is held and the party against
18 whom the court would otherwise assess costs has insufficient
19 funds to pay the costs, the court may enter an order upon the
20 State to pay the cost of the proceedings, from funds
21 appropriated by the General Assembly for that purpose.
22 (c) If the respondent is a party against whom the court
23 would otherwise assess costs and that respondent is
24 determined by the court to have insufficient funds to pay the
25 cost of transcripts for the purpose of appeal, the court
26 shall enter an order upon the State to pay the cost of one
27 original and one copy of a transcript of proceedings
28 established under this Code. Payment of transcript costs
29 authorized under this subsection (c) shall be paid from funds
30 appropriated by the General Assembly to the Administrative
31 Office of the Illinois Courts.
32 (Source: P.A. 80-1414.)
-3- LRB9011366SMdvam03
1 (405 ILCS 5/4-613) (from Ch. 91 1/2, par. 4-613)
2 Sec. 4-613. Final orders; notice; appeals.
3 (a) Every final order of the court shall be in writing
4 and shall be accompanied by a statement on the record of the
5 court's findings of fact and conclusions of law. A copy of
6 such order shall be promptly given to the client, his or her
7 attorney, and the facility director of the developmental
8 disabilities facility or program to which the respondent is
9 admitted.
10 (b) An appeal from a final order may be taken in the
11 same manner as in other civil cases. Upon entry of a final
12 order, the court shall notify the client of his or her right
13 to appeal and, if he or she is indigent, of his or her right
14 to a free transcript and counsel. The cost of the transcript
15 shall be paid pursuant to subsection (c) of Section 3-818 and
16 subsection (c) of Section 4-615 of this Code. If the client
17 wishes to appeal and is unable to obtain counsel, counsel
18 shall be appointed pursuant to the provisions of Section
19 4-605.
20 (Source: P.A. 80-1414.)
21 (405 ILCS 5/4-615) (from Ch. 91 1/2, par. 4-615)
22 Sec. 4-615. Fees; costs; State funds.
23 (a) Fees for jury service, witnesses, and service and
24 execution of process are the same as for similar services in
25 civil proceedings.
26 (b) Except as provided under subsection (c) of this
27 Section, the court may assess costs of the proceedings
28 against the parties. If the respondent is not a resident of
29 the county in which the hearing is held and the party against
30 whom the court would otherwise assess costs has insufficient
31 funds to pay the costs, the court may enter an order upon the
32 State to pay the cost of the proceedings, from funds
33 appropriated by the General Assembly for that purpose.
-4- LRB9011366SMdvam03
1 (c) If the respondent is a party against whom the court
2 would otherwise assess costs and that respondent is
3 determined by the court to have insufficient funds to pay the
4 cost of transcripts for the purpose of appeal, the court
5 shall enter an order upon the State to pay the cost of one
6 original and one copy of a transcript of proceedings
7 established under this Code. Payment of transcript costs
8 authorized under this subsection (c) shall be paid from funds
9 appropriated by the General Assembly to the Administrative
10 Office of the Illinois Courts.
11 (Source: P.A. 80-1414.)
12 Section 10. The Court Reporters Act is amended by".