Illinois 2023-2024 Regular Session

Illinois House Bill HB2315

Introduced
2/14/23  
Introduced
2/14/23  
Refer
2/28/23  
Refer
2/14/23  
Refer
3/10/23  
Refer
2/28/23  

Caption

EVICT-INDIGENT TENANT COUNSEL

Impact

The bill assigns the responsibility for implementing these appointments to the Supreme Court Access to Justice Commission. It stipulates that the state will cover the costs associated with these legal services, thus alleviating financial burdens from indigent tenants. Furthermore, the Commission is required to prioritize legal representation for tenants in counties with high eviction rates and those disproportionately at risk of eviction. The implementation plan for this initiative is expected to be submitted to the General Assembly within one year of the bill's effective date.

Summary

House Bill 2315 aims to amend the Eviction Article of the Code of Civil Procedure in Illinois. This bill mandates the appointment of an attorney for indigent tenants facing eviction actions, thereby promoting legal representation regardless of a tenant's financial situation. The bill defines 'indigent' based on specific criteria such as public assistance receipt, mental health facility commitment, a specified income threshold relative to the poverty line, or inadequate funds to retain legal counsel. This legislative effort seeks to enhance access to justice for vulnerable populations within the eviction process.

Contention

While proponents of HB2315 advocate for its potential to secure fair legal representation for those who would otherwise be unable to afford it, there could be operational challenges associated with the appointment of attorneys and the administration of funds needed for this program. Critics may voice concerns regarding the financial viability of state-sponsored legal services, especially in times of budget constraints, as well as the practicalities of effective implementation in varied judicial locales across Illinois. The outcome of this bill could set important precedents for tenant rights and legal support during eviction proceedings.

Companion Bills

No companion bills found.

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