Public Act 90-0505 of the 90th General Assembly
Public Act 90-0505
SB381 Enrolled LRB9001056RCks
AN ACT in relation to courts and appeals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Court Reporter Transcript Act is amended
by changing Sections 3, 4, and 5 as follows:
(705 ILCS 75/3) (from Ch. 37, par. 663)
Sec. 3. Upon order of the court, the official court
reporter shall transcribe and furnish an original and a copy
or copies of the pre-trial proceedings and the proceedings at
the trial of any person where, pursuant to Rule 607 of the
Illinois Supreme Court, an order could be entered so
requiring, if the defendant is convicted.
(Source: P.A. 77-743.)
(705 ILCS 75/4) (from Ch. 37, par. 664)
Sec. 4. The reporter, in full for all his services in
connection with the transcribing and filing or furnishing the
transcripts referred to in this Act, shall be paid a fee as
provided in Section 5 of the Court Reporters Act, approved
August 5, 1965, as amended. All such fees shall be paid out
of the State Treasury on the warrant of the Supreme Court,
from appropriations made for such purpose, upon presentation
of a certificate signed by the presiding judge setting the
amount due said reporter. Such certificate shall as to each
original transcript (and a copy or copies where fee for a
copy or copies is authorized by statute or Illinois Supreme
Court Rule) set forth the title and number of the cause in
which the transcript was required to be furnished, the nature
of the proceedings transcribed (whether an arraignment,
proceedings at criminal trial or proceedings at
post-conviction hearing) and the fee approved therefor. The
Supreme Court may prescribe the form of the certificate and
furnish same.
(Source: P.A. 77-743.)
(705 ILCS 75/5) (from Ch. 37, par. 665)
Sec. 5. Where the court has authorized a person other
than the official reporter who took the stenographic notes to
transcribe the same the person making and filing or
furnishing such transcript (and a copy or copies when
authorized by statute or Illinois Supreme Court Rule
required) shall be entitled to the fee.
(Source: Laws 1957, p. 2222.)
Section 5. The Clerks of Courts Act is amended, if and
only if House Bill 2138 does not become law by August 31,
1997 in the form in which it passed the House of
Representatives, by adding Section 27.7 as follows:
(705 ILCS 105/27.7 new)
Sec. 27.7. Frivolous lawsuits filed by prisoners.
(a) The fees of the clerks of the circuit court shall not
be waived for a petitioner who is a prisoner in an Illinois
Department of Corrections facility who files a pleading,
motion, or other filing that purports to be a legal document
in a lawsuit seeking post-conviction relief under Article 122
of the Code of Criminal Procedure of 1963 or a habeas corpus
action under Article X of the Code of Civil Procedure and the
defendant is the State, the Illinois Department of
Corrections, or the Prisoner Review Board or any of their
officers or employees, and the court makes a specific finding
that the pleading, motion, or other filing that purports to
be a legal document is frivolous.
(b) "Frivolous" means that a pleading, motion, or other
filing which purports to be a legal document filed by a
prisoner in his or her lawsuit meets any or all of the
following criteria:
(1) it lacks an arguable basis either in law or in
fact;
(2) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;
(3) the claims, defenses, and other legal
contentions therein are not warranted by existing law or
by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(4) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further investigation
or discovery; or
(5) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
Section 6. The Clerks of Courts Act is amended, if and
only if House Bill 2138 becomes law by August 31, 1997 in the
form in which it passed the House of Representatives, by
adding Section 27.7 as follows:
(705 ILCS 105/27.7 new)
Sec. 27.7. Frivolous lawsuits filed by prisoners.
(a) The fees of the clerks of the circuit court shall not
be waived for a petitioner who is a prisoner in an Illinois
Department of Corrections facility who files a pleading,
motion, or other filing which purports to be a legal document
in a lawsuit seeking post-conviction relief under Article 122
of the Code of Criminal Procedure of 1963, pursuant to
Section 116-3 of the Code of Criminal Procedure of 1963, or
in a habeas corpus action under Article X of the Code of
Civil Procedure and the defendant is the State, the Illinois
Department of Corrections, or the Prisoner Review Board or
any of their officers or employees, and the court makes a
specific finding that the pleading, motion, or other filing
which purports to be a legal document is frivolous.
(b) "Frivolous" means that a pleading, motion, or other
filing which purports to be a legal document filed by a
prisoner in his or her lawsuit meets any or all of the
following criteria:
(1) it lacks an arguable basis either in law or in
fact;
(2) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;
(3) the claims, defenses, and other legal
contentions therein are not warranted by existing law or
by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(4) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further investigation
or discovery; or
(5) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
Section 10. The Court of Claims Act is amended by
changing Section 21 as follows:
(705 ILCS 505/21) (from Ch. 37, par. 439.21)
Sec. 21. The court is authorized to impose, by uniform
rules, a fee of $15 for the filing of a petition in any case
in which the award sought is more than $50 and less than
$1,000 and $35 in any case in which the award sought is
$1,000 or more; and to charge and collect for copies of
opinions or other documents filed in the Court of Claims such
fees as may be prescribed by the rules of the Court. All fees
and charges so collected shall be forthwith paid into the
State Treasury. A petitioner who is a prisoner in an Illinois
Department of Corrections facility who files a pleading,
motion, or other filing that purports to be a legal document
against the State, the Illinois Department of Corrections,
the Prisoner Review Board, or any of their officers or
employees in which the court makes a specific finding that it
is frivolous shall pay all filing fees and court costs in the
manner provided in Article XXII of the Code of Civil
Procedure.
(Source: P.A. 83-865.)
Section 15. The Code of Criminal Procedure of 1963 is
amended by changing Section 122-4 as follows:
(725 ILCS 5/122-4) (from Ch. 38, par. 122-4)
Sec. 122-4. Pauper Petitions. If the petition is not
dismissed pursuant to Section 122-2.1, and alleges that the
petitioner is unable to pay the costs of the proceeding, the
court may order that the petitioner be permitted to proceed
as a poor person and order a transcript of the proceedings
delivered to petitioner in accordance with Rule of the
Supreme Court. If the petitioner is without counsel and
alleges that he is without means to procure counsel, he shall
state whether or not he wishes counsel to be appointed to
represent him. If appointment of counsel is so requested,
and the petition is not dismissed pursuant to Section
122-2.1, the court shall appoint counsel if satisfied that
the petitioner has no means to procure counsel. A petitioner
who is a prisoner in an Illinois Department of Corrections
facility who files a pleading, motion, or other filing that
purports to be a legal document seeking post-conviction
relief under this Article against the State, the Illinois
Department of Corrections, the Prisoner Review Board, or any
of their officers or employees in which the court makes a
specific finding that the pleading, motion, or other filing
that purports to be a legal document is frivolous shall not
proceed as a poor person and shall be liable for the full
payment of filing fees and actual court costs as provided in
Article XXII of the Code of Civil Procedure.
A Circuit Court or the Illinois Supreme Court may appoint
the State Appellate Defender to provide post-conviction
representation in a case in which the defendant is sentenced
to death. Any attorney assigned by the Office of the State
Appellate Defender to provide post-conviction representation
for indigent defendants in cases in which a sentence of death
was imposed in the trial court may, from time to time submit
bills and time sheets to the Office of the State Appellate
Defender for payment of services rendered and the Office of
the State Appellate Defender shall pay bills from funds
appropriated for this purpose in accordance with rules
promulgated by the State Appellate Defender.
The court, at the conclusion of the proceedings upon
receipt of a petition by the appointed counsel, shall
determine a reasonable amount to be allowed an indigent
defendant's counsel other than the Public Defender or the
State Appellate Defender for compensation and reimbursement
of expenditures necessarily incurred in the proceedings. The
compensation shall not exceed $500 in each case, except that,
in extraordinary circumstances, payment in excess of the
limits herein stated may be made if the trial court certifies
that the payment is necessary to provide fair compensation
for protracted representation, and the amount is approved by
the chief judge of the circuit. The court shall enter an
order directing the county treasurer of the county where the
case was tried to pay the amount thereby allowed by the
court. The court may order the provisional payment of sums
during the pendency of the cause.
(Source: P.A. 87-580.)
Section 16. The State Appellate Defender Act is amended
by changing Section 10.5 as follows:
(725 ILCS 105/10.5)
Sec. 10.5. Competitive bidding for appellate services.
(a) To the extent necessary to dispose of the State
Appellate Defender's backlog of indigent criminal appeals,
The State Appellate Defender may, to the extent necessary to
dispose of its backlog of indigent criminal appeals,
institute a competitive bidding program under which shall
provide that contracts for the services of attorneys
representing indigent defendants on appeal in non-death
penalty criminal appeals are cases shall be awarded under a
competitive selection procedure which shall provide that
those contracts be awarded to the lowest responsible bidder.
(b) The State Appellate Defender, before letting out
bids for contracts for the services of attorneys to represent
indigent defendants on appeal in criminal cases, shall
advertise the letting of the bids in a publication or
publications of the Illinois State Bar Association, the
Chicago Daily Law Bulletin, and the Chicago Lawyer. The
State Appellate Defender shall also advertise the letting of
the bids in newspapers of general circulation in major
municipalities to be determined by the State Appellate
Defender. The State Appellate Defender shall mail notices of
the letting of the bids to county and local bar associations.
(c) Bids may shall be let in packages of one to , 5, 10,
and 20 appeals. Additional cases may be assigned, in the
discretion of the State Appellate Defender, after a
successful bidder completes work on existing packages.
(d) A bid for services of an attorney under this Section
shall be let only to an attorney licensed to practice law in
Illinois who has prior criminal appellate experience or to an
attorney who is a member or employee of a law firm which has
at least one member with that who has prior appellate
experience. Prospective bidders must furnish legal writing
samples that are deemed acceptable to the State Appellate
Defender.
(e) An attorney who is awarded a contract under this
Section shall communicate with each of his or her clients and
shall file each initial brief before the due date established
by Supreme Court Rule or by the Appellate Court. The State
Appellate Defender may rescind the contract for attorney
services and may require the return of the record on appeal
if the contracted attorney fails to make satisfactory
progress, in the opinion of the State Appellate Defender,
toward filing a brief.
(f) Gross compensation for completing of a case shall be
$40 per hour but shall not exceed $2,000 per case. The
contract shall specify the manner of payment.
(g) (Blank) On the effective date of this amendatory Act
of 1996, the State Appellate Defender shall segregate the
backlog of appeals not yet processed by staff attorneys
employed by the State Appellate Defender.
(h) (Blank) Contracted attorneys under this Section
shall represent only indigent defendants from the backlog of
appeals. Upon completion of the backlog, no contract shall
be let for attorney services by competitive bid.
(Source: P.A. 89-689, eff. 12-31-96.)
Section 20. The Unified Code of Corrections is amended
by changing Sections 3-4-3, 3-6-3, and 3-12-5 as follows:
(730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3)
Sec. 3-4-3. Funds and Property of Persons Committed.
(a) The Department shall establish accounting records
with accounts for each person who has or receives money while
in an institution or facility of the Department and it shall
allow the withdrawal and disbursement of money by the person
under rules and regulations of the Department. Any interest
or other income from moneys deposited with the Department by
a resident of the Juvenile Division in excess of $200 shall
accrue to the individual's account, or in balances up to $200
shall accrue to the Residents' Benefit Fund. For an
individual in an institution or facility of the Adult
Division the interest shall accrue to the Residents' Benefit
Fund. The Department shall disburse all moneys so held no
later than the person's final discharge from the Department.
Moneys in the account of a committed person who files a
lawsuit determined frivolous under Article XXII of the Code
of Civil Procedure shall be deducted to pay for the filing
fees and cost of the suit as provided in that Article. The
Department shall under rules and regulations record and
receipt all personal property not allowed to committed
persons. The Department shall return such property to the
individual no later than the person's release on parole.
(b) Any money held in accounts of committed persons
separated from the Department by death, discharge, or
unauthorized absence and unclaimed for a period of 1 year
thereafter by the person or his legal representative shall be
transmitted to the State Treasurer who shall deposit it into
the General Revenue Fund. Articles of personal property of
persons so separated may be sold or used by the Department if
unclaimed for a period of 1 year for the same purpose.
Clothing, if unclaimed within 30 days, may be used or
disposed of as determined by the Department.
(c) Profits on sales from commissary stores shall be
expended by the Department for the special benefit of
committed persons which shall include but not be limited to
the advancement of inmate payrolls, for the special benefit
of employees, and for the advancement or reimbursement of
employee travel, provided that amounts expended for employees
shall not exceed the amount of profits derived from sales
made to employees by such commissaries, as determined by the
Department.
(d) The Department shall confiscate any unauthorized
currency found in the possession of a committed person. The
Department shall transmit the confiscated currency to the
State Treasurer who shall deposit it into the General Revenue
Fund.
(Source: P.A. 89-689, eff. 12-31-96.)
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and Regulations for Early Release.
(a)(1) The Department of Corrections shall prescribe
rules and regulations for the early release on account of
good conduct of persons committed to the Department which
shall be subject to review by the Prisoner Review Board.
(2) The rules and regulations on early release
shall provide, with respect to offenses committed on or
after the effective date of this amendatory Act of 1995,
the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder shall receive
no good conduct credit and shall serve the entire
sentence imposed by the court;
(ii) that a prisoner serving a sentence for
attempt to commit first degree murder, solicitation
of murder, solicitation of murder for hire,
intentional homicide of an unborn child, predatory
criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault,
aggravated kidnapping, aggravated battery with a
firearm, heinous battery, aggravated battery of a
senior citizen, or aggravated battery of a child
shall receive no more than 4.5 days of good conduct
credit for each month of his or her sentence of
imprisonment; and
(iii) that a prisoner serving a sentence for
home invasion, armed robbery, aggravated vehicular
hijacking, aggravated discharge of a firearm, or
armed violence with a category I weapon or category
II weapon, when the court has made and entered a
finding, pursuant to subsection (c-1) of Section
5-4-1 of this Code, that the conduct leading to
conviction for the enumerated offense resulted in
great bodily harm to a victim, shall receive no more
than 4.5 days of good conduct credit for each month
of his or her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated
in subdivision (a)(2) committed on or after the effective
date of this amendatory Act of 1995, the rules and
regulations shall provide that a prisoner who is serving
a term of imprisonment shall receive one day of good
conduct credit for each day of his or her sentence of
imprisonment or recommitment under Section 3-3-9. Each
day of good conduct credit shall reduce by one day the
prisoner's period of imprisonment or recommitment under
Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to
death shall receive no good conduct credit.
(3) The rules and regulations shall also provide
that the Director may award up to 180 days additional
good conduct credit for meritorious service in specific
instances as the Director deems proper; except that no
more than 90 days of good conduct credit for meritorious
service shall be awarded to any prisoner who is serving a
sentence for conviction of first degree murder, reckless
homicide while under the influence of alcohol or any
other drug, aggravated kidnapping, kidnapping, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, deviate sexual
assault, aggravated criminal sexual abuse, aggravated
indecent liberties with a child, indecent liberties with
a child, child pornography, heinous battery, aggravated
battery of a spouse, aggravated battery of a spouse with
a firearm, stalking, aggravated stalking, aggravated
battery of a child, endangering the life or health of a
child, cruelty to a child, or narcotic racketeering.
Notwithstanding the foregoing, good conduct credit for
meritorious service shall not be awarded on a sentence of
imprisonment imposed for conviction of one of the
offenses enumerated in subdivision (a)(2) when the
offense is committed on or after the effective date of
this amendatory Act of 1995.
(4) The rules and regulations shall also provide
that the good conduct credit accumulated and retained
under paragraph (2.1) of subsection (a) of this Section
by any inmate during specific periods of time in which
such inmate is engaged full-time in substance abuse
programs, correctional industry assignments, or
educational programs provided by the Department under
this paragraph (4) and satisfactorily completes the
assigned program as determined by the standards of the
Department, shall be multiplied by a factor of 1.25 for
program participation before the effective date of this
amendatory Act of 1993 and 1.50 for program participation
on or after that date. However, no inmate shall be
eligible for the additional good conduct credit under
this paragraph (4) while assigned to a boot camp, mental
health unit, or electronic detention, or if convicted of
an offense enumerated in paragraph (a)(2) of this Section
that is committed on or after the effective date of this
amendatory Act of 1995, or first degree murder, a Class X
felony, criminal sexual assault, felony criminal sexual
abuse, aggravated criminal sexual abuse, aggravated
battery with a firearm, or any predecessor or successor
offenses with the same or substantially the same
elements, or any inchoate offenses relating to the
foregoing offenses. No inmate shall be eligible for the
additional good conduct credit under this paragraph (4)
who (i) has previously received increased good conduct
credit under this paragraph (4) and has subsequently been
convicted of a felony, or (ii) has previously served more
than one prior sentence of imprisonment for a felony in
an adult correctional facility.
Educational, vocational, substance abuse and
correctional industry programs under which good conduct
credit may be increased under this paragraph (4) shall be
evaluated by the Department on the basis of documented
standards. The Department shall report the results of
these evaluations to the Governor and the General
Assembly by September 30th of each year. The reports
shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to
the limits of fiscal resources appropriated by the
General Assembly for these purposes. Eligible inmates
who are denied immediate admission shall be placed on a
waiting list under criteria established by the
Department. The inability of any inmate to become engaged
in any such programs by reason of insufficient program
resources or for any other reason established under the
rules and regulations of the Department shall not be
deemed a cause of action under which the Department or
any employee or agent of the Department shall be liable
for damages to the inmate.
(5) Whenever the Department is to release any
inmate earlier than it otherwise would because of a grant
of good conduct credit for meritorious service given at
any time during the term, the Department shall give
reasonable advance notice of the impending release to the
State's Attorney of the county where the prosecution of
the inmate took place.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of good time.
(c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing
the rate of accumulation of good conduct credit for specific
rule violations, during imprisonment. These rules and
regulations shall provide that no inmate may be penalized
more than one year of good conduct credit for any one
infraction.
When the Department seeks to revoke, suspend or reduce
the rate of accumulation of any good conduct credits for an
alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
good conduct credits before the Prisoner Review Board as
provided in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the amount of credit at issue exceeds 30 days or
when during any 12 month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction is
committed or discovered within 60 days of scheduled release.
In those cases, the Department of Corrections may revoke up
to 30 days of good conduct credit. The Board may subsequently
approve the revocation of additional good conduct credit, if
the Department seeks to revoke good conduct credit in excess
of 30 days. However, the Board shall not be empowered to
review the Department's decision with respect to the loss of
30 days of good conduct credit within any calendar year for
any prisoner or to increase any penalty beyond the length
requested by the Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days good conduct
credits which have been revoked, suspended or reduced. Any
restoration of good conduct credits in excess of 30 days
shall be subject to review by the Prisoner Review Board.
However, the Board may not restore good conduct credit in
excess of the amount requested by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
the sentence imposed by the court that was not served due to
the accumulation of good conduct credit.
(d) If a lawsuit is filed by a prisoner in an Illinois
or federal court against the State, the Department of
Corrections, or the Prisoner Review Board, or against any of
their officers or employees, and the court makes a specific
finding that a pleading, motion, or other paper filed by the
prisoner is frivolous, the Department of Corrections shall
conduct a hearing to revoke up to 180 days of good conduct
credit by bringing charges against the prisoner sought to be
deprived of the good conduct credits before the Prisoner
Review Board as provided in subparagraph (a)(8) of Section
3-3-2 of this Code. If the prisoner has not accumulated 180
days of good conduct credit at the time of the finding, then
the Prisoner Review Board may revoke all good conduct credit
accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or
other filing which purports to be a legal document filed
by a prisoner in his or her lawsuit meets any or all of
the following criteria:
(A) it lacks an arguable basis either in law
or in fact;
(B) it is being presented for any improper
purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of
litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing
law or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual
contentions do not have evidentiary support or, if
specifically so identified, are not likely to have
evidentiary support after a reasonable opportunity
for further investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief. "Frivolous" means that a
pleading, motion, or other paper filed by a prisoner
in his or her lawsuit does not meet the following
criteria:
(A) it is not being presented for any improper
purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of
litigation;
(B) the claims, defenses, and other legal
contentions therein are warranted by existing law or
by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(C) the allegations and other factual
contentions have evidentiary support or, if
specifically so identified, are likely to have
evidentiary support after a reasonable opportunity
for further investigation or discovery; and
(D) the denials of factual contentions are
warranted on the evidence or, if specifically so
identified, are reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a petition for post conviction
relief under Article 122 of the Code of Criminal
Procedure of 1963, a habeas corpus action under Article X
of the Code of Civil Procedure or under federal law (28
U.S.C. 2254), a petition for claim under the Court of
Claims Act or an action under the federal Civil Rights
Act (42 U.S.C. 1983).
(Source: P.A. 88-311; 88-402; 88-670, eff. 12-2-94; 89-404,
eff. 8-20-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
89-656, eff. 1-1-97.)
(730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)
Sec. 3-12-5. Compensation. Persons performing a work
assignment under subsection (a) of Section 3-12-2 may receive
wages under rules and regulations of the Department. In
determining rates of compensation, the Department shall
consider the effort, skill and economic value of the work
performed. Compensation may be given to persons who
participate in other programs of the Department. Of the
compensation earned pursuant to this Section, a portion, as
determined by the Department, shall be used to offset the
cost of the committed person's incarceration. If the
committed person files a lawsuit determined frivolous under
Article XXII of the Code of Civil Procedure, 50% of the
compensation shall be used to offset the filing fees and
costs of the lawsuit as provided in that Article until all
fees and costs are paid in full. All other wages shall be
deposited in the individual's account under rules and
regulations of the Department. The Department shall notify
the Attorney General of any compensation applied towards a
satisfaction, in whole or in part, of the person's
incarceration costs.
(Source: P.A. 88-669, eff. 11-29-94; 88-679, eff. 7-1-95.)
Section 25. The Code of Civil Procedure is amended, if
and only if House Bill 2138 does not become law by August 31,
1997 in the form in which it passed the House of
Representatives, by adding Article XXII as follows:
(735 ILCS 5/Art. XXII heading new)
ARTICLE XXII. FRIVOLOUS LAWSUITS FILED BY PRISONERS
(735 ILCS 5/22-105 new)
Sec. 22-105. Frivolous lawsuits filed by prisoners.
(a) If a prisoner confined in an Illinois Department of
Corrections facility files a pleading, motion, or other
filing that purports to be a legal document in a case seeking
post-conviction relief under Article 122 of the Code of
Criminal Procedure of 1963, habeas corpus relief under
Article X of this Code, a claim under the Court of Claims
Act, or other action against the State, the Illinois
Department of Corrections, or the Prisoner Review Board, or
against any of their officers or employees and the Court
makes a specific finding that the pleading, motion, or other
paper filed by the prisoner is frivolous, the prisoner is
responsible for the full payment of filing fees and actual
court costs.
On filing the action or proceeding the court shall assess
and, when funds exist, collect as a partial payment of any
court costs required by law a first time payment of 50% of
the average monthly balance of the prisoner's trust fund
account for the past 6 months. Thereafter 50% of all
deposits into the prisoner's individual account under
Sections 3-4-3 and 3-12-5 of the Unified Code of Corrections
administered by the Illinois Department of Corrections shall
be withheld until the actual court costs are collected in
full. The Department of Corrections shall forward any moneys
withheld to the court of jurisdiction. If a prisoner is
released before the full costs are collected, the Department
of Corrections shall forward the amount of costs collected
through the date of release. The court of jurisdiction is
responsible for sending the Department of Corrections a copy
of the order mandating the amount of court fees to be paid.
Nothing in this Section prohibits an applicant from filing an
action or proceeding if the applicant is unable to pay the
court costs.
(b) In this Section, "frivolous" means that a pleading,
motion, or other filing which purports to be a legal document
filed by a prisoner in his or her lawsuit meets any or all of
the following criteria:
(1) it lacks an arguable basis either in law or in
fact;
(2) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;
(3) the claims, defenses, and other legal
contentions therein are not warranted by existing law or
by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(4) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further investigation
or discovery; or
(5) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
Section 30. The Code of Civil Procedure is amended, if
and only if House Bill 2138 becomes law by August 31, 1997 in
the form in which it passed the House of Representatives, by
adding Article XXII as follows:
(735 ILCS 5/Art. XXII heading new)
ARTICLE XXII. FRIVOLOUS LAWSUITS FILED BY PRISONERS
(735 ILCS 5/22-105 new)
Sec. 22-105. Frivolous lawsuits filed by prisoners.
(a) If a prisoner confined in an Illinois Department of
Corrections facility files a pleading, motion, or other
filing which purports to be a legal document in a case
seeking post-conviction relief under Article 122 of the Code
of Criminal Procedure of 1963, pursuant to Section 116-3 of
the Code of Criminal Procedure of 1963, in a habeas corpus
action under Article X of this Code, in a claim under the
Court of Claims Act, or in another action against the State,
the Illinois Department of Corrections, or the Prisoner
Review Board, or against any of their officers or employees
and the Court makes a specific finding that the pleading,
motion, or other filing which purports to be a legal document
filed by the prisoner is frivolous, the prisoner is
responsible for the full payment of filing fees and actual
court costs.
On filing the action or proceeding the court shall assess
and, when funds exist, collect as a partial payment of any
court costs required by law a first time payment of 50% of
the average monthly balance of the prisoner's trust fund
account for the past 6 months. Thereafter 50% of all
deposits into the prisoner's individual account under
Sections 3-4-3 and 3-12-5 of the Unified Code of Corrections
administered by the Illinois Department of Corrections shall
be withheld until the actual court costs are collected in
full. The Department of Corrections shall forward any moneys
withheld to the court of jurisdiction. If a prisoner is
released before the full costs are collected, the Department
of Corrections shall forward the amount of costs collected
through the date of release. The court of jurisdiction is
responsible for sending the Department of Corrections a copy
of the order mandating the amount of court fees to be paid.
Nothing in this Section prohibits an applicant from filing an
action or proceeding if the applicant is unable to pay the
court costs.
(b) In this Section, "frivolous" means that a pleading,
motion, or other filing which purports to be a legal document
filed by a prisoner in his or her lawsuit meets any or all of
the following criteria:
(1) it lacks an arguable basis either in law or in
fact;
(2) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;
(3) the claims, defenses, and other legal
contentions therein are not warranted by existing law or
by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(4) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further investigation
or discovery; or
(5) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
Section 99. Effective date. This Act takes effect upon
becoming law.