Bill Text: IL HB2315 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Eviction Article of the Code of Civil Procedure. Requires the court to appoint an attorney for an indigent tenant in an eviction action. Provides that the Supreme Court Access to Justice Commission is responsible for the implementation of such appointments, and the State shall pay the costs of legal services provided by an appointed attorney. Requires the Supreme Court Access to Justice Commission to enter into contracts with attorneys and agencies for the provision of legal services. Requires the Supreme Court Access to Justice Commission to submit to the General Assembly a plan to fully implement the indigent tenant representation requirements within 12 months of the effective date of the amendatory Act.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2023-11-09 - Added Co-Sponsor Rep. Jenn Ladisch Douglass [HB2315 Detail]

Download: Illinois-2023-HB2315-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2315

Introduced , by Rep. Hoan Huynh

SYNOPSIS AS INTRODUCED:
735 ILCS 5/9-123 new

Amends the Eviction Article of the Code of Civil Procedure. Requires the court to appoint an attorney for an indigent tenant in an eviction action. Provides that the Supreme Court Access to Justice Commission is responsible for the implementation of such appointments, and the State shall pay the costs of legal services provided by an appointed attorney. Requires the Supreme Court Access to Justice Commission to enter into contracts with attorneys and agencies for the provision of legal services. Requires the Supreme Court Access to Justice Commission to submit to the General Assembly a plan to fully implement the indigent tenant representation requirements within 12 months of the effective date of the amendatory Act.
LRB103 25111 LNS 51446 b

A BILL FOR

HB2315LRB103 25111 LNS 51446 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by
5adding Section 9-123 as follows:
6 (735 ILCS 5/9-123 new)
7 Sec. 9-123. Indigent tenant right to counsel.
8 (a) As used in this Section, "indigent" means any person
9who, at any stage of a court proceeding:
10 (1) receives public assistance;
11 (2) has been involuntarily committed to a public
12 mental health facility;
13 (3) has an income of 125% or less of the current
14 federally established poverty line; or
15 (4) has insufficient funds to retain counsel.
16 (b) Subject to the availability of amounts appropriated
17for this specific purpose, the court shall appoint an attorney
18for an indigent tenant in an eviction action under this Code.
19The Supreme Court Access to Justice Commission is responsible
20for the implementation of this Section as provided in
21subsection (c), and the State shall pay the costs of legal
22services provided by an attorney appointed under this Section.
23In implementing this Section, the Supreme Court Access to

HB2315- 2 -LRB103 25111 LNS 51446 b
1Justice Commission shall assign priority to providing legal
2representation to indigent tenants in those counties in which
3the most evictions occur and to indigent tenants who are
4disproportionately at risk of eviction.
5 (c) Moneys appropriated for legal services provided by an
6attorney appointed under subsection (b) shall be administered
7by the Supreme Court Access to Justice Commission. The Supreme
8Court Access to Justice Commission shall enter into contracts
9with attorneys and agencies for the provision of legal
10services under this Section to remain within appropriated
11amounts.
12 (d) Within 90 days of the effective date of this
13amendatory Act of the 103rd General Assembly, the Supreme
14Court Access to Justice Commission shall submit to the General
15Assembly a plan to fully implement the indigent tenant
16representation requirements under and consistent with this
17Section within 12 months of the effective date of this
18amendatory Act of the 103rd General Assembly.
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