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Illinois House Bill HB4279

Illinois 2023-2024 Regular Session

Illinois House Bill HB4279 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4279 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 735 ILCS 5/5-105 from Ch. 110, par. 5-105 Amends the Costs Article of the Code of Civil Procedure. Provides that on the application of any person, before or after the commencement of an action for child support, if the court finds that the applicant is a person whose income is below the poverty level, the court shall grant the applicant a full waiver entitling the applicant to sue or defend the action without payment of any of the fees, costs, and charges. LRB103 35557 LNS 65629 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4279 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 735 ILCS 5/5-105 from Ch. 110, par. 5-105 735 ILCS 5/5-105 from Ch. 110, par. 5-105 Amends the Costs Article of the Code of Civil Procedure. Provides that on the application of any person, before or after the commencement of an action for child support, if the court finds that the applicant is a person whose income is below the poverty level, the court shall grant the applicant a full waiver entitling the applicant to sue or defend the action without payment of any of the fees, costs, and charges. LRB103 35557 LNS 65629 b LRB103 35557 LNS 65629 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4279 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
33 735 ILCS 5/5-105 from Ch. 110, par. 5-105 735 ILCS 5/5-105 from Ch. 110, par. 5-105
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55 Amends the Costs Article of the Code of Civil Procedure. Provides that on the application of any person, before or after the commencement of an action for child support, if the court finds that the applicant is a person whose income is below the poverty level, the court shall grant the applicant a full waiver entitling the applicant to sue or defend the action without payment of any of the fees, costs, and charges.
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1111 1 AN ACT concerning civil law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Code of Civil Procedure is amended by
1515 5 changing Section 5-105 as follows:
1616 6 (735 ILCS 5/5-105) (from Ch. 110, par. 5-105)
1717 7 Sec. 5-105. Waiver of court fees, costs, and charges.
1818 8 (a) As used in this Section:
1919 9 (1) "Fees, costs, and charges" means payments imposed
2020 10 on a party in connection with the prosecution or defense
2121 11 of a civil action, including, but not limited to: fees set
2222 12 forth in Section 27.1b of the Clerks of Courts Act; fees
2323 13 for service of process and other papers served either
2424 14 within or outside this State, including service by
2525 15 publication pursuant to Section 2-206 of this Code and
2626 16 publication of necessary legal notices; motion fees;
2727 17 charges for participation in, or attendance at, any
2828 18 mandatory process or procedure, including, but not limited
2929 19 to, conciliation, mediation, arbitration, counseling,
3030 20 evaluation, "Children First", "Focus on Children", or
3131 21 similar programs; fees for supplementary proceedings;
3232 22 charges for translation services; guardian ad litem fees;
3333 23 and all other processes and procedures deemed by the court
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4279 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
3838 735 ILCS 5/5-105 from Ch. 110, par. 5-105 735 ILCS 5/5-105 from Ch. 110, par. 5-105
3939 735 ILCS 5/5-105 from Ch. 110, par. 5-105
4040 Amends the Costs Article of the Code of Civil Procedure. Provides that on the application of any person, before or after the commencement of an action for child support, if the court finds that the applicant is a person whose income is below the poverty level, the court shall grant the applicant a full waiver entitling the applicant to sue or defend the action without payment of any of the fees, costs, and charges.
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6868 1 to be necessary to commence, prosecute, defend, or enforce
6969 2 relief in a civil action.
7070 3 (2) "Indigent person" means any person who meets one
7171 4 or more of the following criteria:
7272 5 (i) The person He or she is receiving assistance
7373 6 under one or more of the following means-based
7474 7 governmental public benefits programs: Supplemental
7575 8 Security Income (SSI), Aid to the Aged, Blind and
7676 9 Disabled (AABD), Temporary Assistance for Needy
7777 10 Families (TANF), Supplemental Nutrition Assistance
7878 11 Program (SNAP), General Assistance, Transitional
7979 12 Assistance, or State Children and Family Assistance.
8080 13 (ii) The person's His or her available personal
8181 14 income is 125% or less of the current poverty level,
8282 15 unless the applicant's assets that are not exempt
8383 16 under Part 9 or 10 of Article XII of this Code are of a
8484 17 nature and value that the court determines that the
8585 18 applicant is able to pay the fees, costs, and charges.
8686 19 (iii) The person He or she is, in the discretion of
8787 20 the court, unable to proceed in an action without
8888 21 payment of fees, costs, and charges and whose payment
8989 22 of those fees, costs, and charges would result in
9090 23 substantial hardship to the person or the person's his
9191 24 or her family.
9292 25 (iv) The person He or she is an indigent person
9393 26 pursuant to Section 5-105.5 of this Code.
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104104 1 (3) "Poverty level" means the current poverty level as
105105 2 established by the United States Department of Health and
106106 3 Human Services.
107107 4 (b) On the application of any person, before or after the
108108 5 commencement of an action:
109109 6 (1) If the court finds that the applicant is an
110110 7 indigent person, the court shall grant the applicant a
111111 8 full fees, costs, and charges waiver entitling the person
112112 9 him or her to sue or defend the action without payment of
113113 10 any of the fees, costs, and charges.
114114 11 (2) If the court finds that the applicant satisfies
115115 12 any of the criteria contained in items (i), (ii), or (iii)
116116 13 of this subdivision (b)(2), the court shall grant the
117117 14 applicant a partial fees, costs, and charges waiver
118118 15 entitling the person him or her to sue or defend the action
119119 16 upon payment of the applicable percentage of the
120120 17 assessments, costs, and charges of the action, as follows:
121121 18 (i) the court shall waive 75% of all fees, costs,
122122 19 and charges if the available income of the applicant
123123 20 is greater than 125% but does not exceed 150% of the
124124 21 poverty level, unless the assets of the applicant that
125125 22 are not exempt under Part 9 or 10 of Article XII of
126126 23 this Code are such that the applicant is able, without
127127 24 undue hardship, to pay a greater portion of the fees,
128128 25 costs, and charges;
129129 26 (ii) the court shall waive 50% of all fees, costs,
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140140 1 and charges if the available income is greater than
141141 2 150% but does not exceed 175% of the poverty level,
142142 3 unless the assets of the applicant that are not exempt
143143 4 under Part 9 or 10 of Article XII of this Code are such
144144 5 that the applicant is able, without undue hardship, to
145145 6 pay a greater portion of the fees, costs, and charges;
146146 7 and
147147 8 (iii) the court shall waive 25% of all fees,
148148 9 costs, and charges if the available income of the
149149 10 applicant is greater than 175% but does not exceed
150150 11 200% of the current poverty level, unless the assets
151151 12 of the applicant that are not exempt under Part 9 or 10
152152 13 of Article XII of this Code are such that the applicant
153153 14 is able, without undue hardship, to pay a greater
154154 15 portion of the fees, costs, and charges.
155155 16 (3) In an action for child support, if the court finds
156156 17 that the applicant is a person whose income is below the
157157 18 poverty level, the court shall grant the applicant a full
158158 19 waiver entitling the applicant to sue or defend the action
159159 20 without payment of any of the fees, costs, and charges.
160160 21 (c) An application for waiver of court fees, costs, and
161161 22 charges shall be in writing and signed by the applicant, or, if
162162 23 the applicant is a minor or an incompetent adult, by another
163163 24 person having knowledge of the facts. The contents of the
164164 25 application for waiver of court fees, costs, and charges, and
165165 26 the procedure for the decision of the applications, shall be
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176176 1 established by Supreme Court Rule. Factors to consider in
177177 2 evaluating an application shall include:
178178 3 (1) the applicant's receipt of needs based
179179 4 governmental public benefits, including Supplemental
180180 5 Security Income (SSI); Aid to the Aged, Blind and Disabled
181181 6 (AABD); Temporary Assistance for Needy Families (TANF);
182182 7 Supplemental Nutrition Assistance Program (SNAP or "food
183183 8 stamps"); General Assistance; Transitional Assistance; or
184184 9 State Children and Family Assistance;
185185 10 (2) the employment status of the applicant and amount
186186 11 of monthly income, if any;
187187 12 (3) income received from the applicant's pension,
188188 13 Social Security benefits, unemployment benefits, and other
189189 14 sources;
190190 15 (4) income received by the applicant from other
191191 16 household members;
192192 17 (5) the applicant's monthly expenses, including rent,
193193 18 home mortgage, other mortgage, utilities, food, medical,
194194 19 vehicle, childcare, debts, child support, and other
195195 20 expenses; and
196196 21 (6) financial affidavits or other similar supporting
197197 22 documentation provided by the applicant showing that
198198 23 payment of the imposed fees, costs, and charges would
199199 24 result in substantial hardship to the applicant or the
200200 25 applicant's family.
201201 26 (c-5) The court shall provide, through the office of the
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212212 1 clerk of the court, the application for waiver of court fees,
213213 2 costs, and charges to any person seeking to sue or defend an
214214 3 action who indicates an inability to pay the fees, costs, and
215215 4 charges of the action. The clerk of the court shall post in a
216216 5 conspicuous place in the courthouse a notice no smaller than
217217 6 8.5 x 11 inches, using no smaller than 30-point typeface
218218 7 printed in English and in Spanish, advising the public that
219219 8 they may ask the court for permission to sue or defend a civil
220220 9 action without payment of fees, costs, and charges. The notice
221221 10 shall be substantially as follows:
222222 11 "If you are unable to pay the fees, costs, and charges
223223 12 of an action you may ask the court to allow you to proceed
224224 13 without paying them. Ask the clerk of the court for
225225 14 forms."
226226 15 (d) (Blank).
227227 16 (e) The clerk of the court shall not refuse to accept and
228228 17 file any complaint, appearance, or other paper presented by
229229 18 the applicant if accompanied by an application for waiver of
230230 19 court fees, costs, and charges, and those papers shall be
231231 20 considered filed on the date the application is presented. If
232232 21 the application is denied or a partial fees, costs, and
233233 22 charges waiver is granted, the order shall state a date
234234 23 certain by which the necessary fees, costs, and charges must
235235 24 be paid. For good cause shown, the court may allow an applicant
236236 25 who receives a partial fees, costs, and charges waiver to
237237 26 defer payment of fees, costs, and charges, make installment
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248248 1 payments, or make payment upon reasonable terms and conditions
249249 2 stated in the order. The court may dismiss the claims or strike
250250 3 the defenses of any party failing to pay the fees, costs, and
251251 4 charges within the time and in the manner ordered by the court.
252252 5 A judicial ruling on an application for waiver of court
253253 6 assessments does not constitute a decision of a substantial
254254 7 issue in the case under Section 2-1001 of this Code.
255255 8 (f) The order granting a full or partial fees, costs, and
256256 9 charges waiver shall expire after one year. Upon expiration of
257257 10 the waiver, or a reasonable period of time before expiration,
258258 11 the party whose fees, costs, and charges were waived may file
259259 12 another application for waiver and the court shall consider
260260 13 the application in accordance with the applicable Supreme
261261 14 Court Rule.
262262 15 (f-5) If, before or at the time of final disposition of the
263263 16 case, the court obtains information, including information
264264 17 from the court file, suggesting that a person whose fees,
265265 18 costs, and charges were initially waived was not entitled to a
266266 19 full or partial waiver at the time of application, the court
267267 20 may require the person to appear at a court hearing by giving
268268 21 the applicant no less than 10 days' written notice of the
269269 22 hearing and the specific reasons why the initial waiver might
270270 23 be reconsidered. The court may require the applicant to
271271 24 provide reasonably available evidence, including financial
272272 25 information, to support the applicant's his or her eligibility
273273 26 for the waiver, but the court shall not require submission of
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284284 1 information that is unrelated to the criteria for eligibility
285285 2 and application requirements set forth in subdivision (b)(1)
286286 3 or (b)(2) of this Section. If the court finds that the person
287287 4 was not initially entitled to any waiver, the person shall pay
288288 5 all fees, costs, and charges relating to the civil action,
289289 6 including any previously waived fees, costs, and charges. The
290290 7 order may state terms of payment in accordance with subsection
291291 8 (e). The court shall not conduct a hearing under this
292292 9 subsection more often than once every 6 months.
293293 10 (f-10) If, before or at the time of final disposition of
294294 11 the case, the court obtains information, including information
295295 12 from the court file, suggesting that a person who received a
296296 13 full or partial waiver has experienced a change in financial
297297 14 condition so that the person he or she is no longer eligible
298298 15 for that waiver, the court may require the person to appear at
299299 16 a court hearing by giving the applicant no less than 10 days'
300300 17 written notice of the hearing and the specific reasons why the
301301 18 waiver might be reconsidered. The court may require the person
302302 19 to provide reasonably available evidence, including financial
303303 20 information, to support the person's his or her continued
304304 21 eligibility for the waiver, but shall not require submission
305305 22 of information that is unrelated to the criteria for
306306 23 eligibility and application requirements set forth in
307307 24 subdivisions (b)(1) and (b)(2) of this Section. If the court
308308 25 enters an order finding that the person is no longer entitled
309309 26 to a waiver, or is entitled to a partial waiver different than
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320320 1 that which the person had previously received, the person
321321 2 shall pay the requisite fees, costs, and charges from the date
322322 3 of the order going forward. The order may state terms of
323323 4 payment in accordance with subsection (e) of this Section. The
324324 5 court shall not conduct a hearing under this subsection more
325325 6 often than once every 6 months.
326326 7 (g) A court, in its discretion, may appoint counsel to
327327 8 represent an indigent person, and that counsel shall perform
328328 9 the counsel's his or her duties without fees, charges, or
329329 10 reward.
330330 11 (h) Nothing in this Section shall be construed to affect
331331 12 the right of a party to sue or defend an action in forma
332332 13 pauperis without the payment of fees, costs, charges, or the
333333 14 right of a party to court-appointed counsel, as authorized by
334334 15 any other provision of law or by the rules of the Illinois
335335 16 Supreme Court. Nothing in this Section shall be construed to
336336 17 limit the authority of a court to order another party to the
337337 18 action to pay the fees, costs, and charges of the action.
338338 19 (h-5) If a party is represented by a civil legal services
339339 20 provider or an attorney in a court-sponsored pro bono program
340340 21 as defined in Section 5-105.5 of this Code, the attorney
341341 22 representing that party shall file a certification with the
342342 23 court in accordance with Supreme Court Rule 298 and that party
343343 24 shall be allowed to sue or defend without payment of fees,
344344 25 costs, and charges without filing an application under this
345345 26 Section.
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