Bill Text: IL HB1444 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Eviction Article of the Code of Civil Procedure. Requires the Illinois Equal Justice Foundation, through the Department of Human Services, to establish a statewide program for providing legal assistance and related services for eviction prevention. Provides that any eligible unrepresented party in an eviction matter shall receive the level of legal assistance from a participating legal aid organization that the participating legal aid organization deems appropriate. Sets forth priority standards for eligible full representation clients. Authorizes the Illinois Equal Justice Foundation to make grants to counties that are operating eviction prevention programs with its circuit courts that are consistent with the purposes of the provisions. Encourages the Supreme Court to adopt rules and policies for eviction cases in State circuit courts.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-03-13 - House Committee Amendment No. 1 Fiscal Note Filed as Amended [HB1444 Detail]

Download: Illinois-2023-HB1444-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1444 Introduced , by Rep. Anna Moeller 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 05099 LNS 50113 b
A BILL FOR
HB1444 LRB103 05099 LNS 50113 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
adding Section 9-123 as follows:
(735 ILCS 5/9-123 new)
Sec. 9-123. Indigent tenant right to counsel.
(a) As used in this Section, "indigent" means any person
who, at any stage of a court proceeding:
(1) receives public assistance;
(2) has been involuntarily committed to a public
mental health facility;
(3) has an income of 125% or less of the current
federally established poverty line; or
(4) has insufficient funds to retain counsel.
(b) Subject to the availability of amounts appropriated
for this specific purpose, the court shall appoint an attorney
for an indigent tenant in an eviction action under this Code.
The Supreme Court Access to Justice Commission is responsible
for the implementation of this Section as provided in
subsection (c), and the State shall pay the costs of legal
services provided by an attorney appointed under this Section.
In implementing this Section, the Supreme Court Access to

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Justice Commission shall assign priority to providing legal
representation to indigent tenants in those counties in which
the most evictions occur and to indigent tenants who are
disproportionately at risk of eviction.
(c) Moneys appropriated for legal services provided by an
attorney appointed under subsection (b) shall be administered
by the Supreme Court Access to Justice Commission. The Supreme
Court Access to Justice Commission shall enter into contracts
with attorneys and agencies for the provision of legal
services under this Section to remain within appropriated
amounts.
(d) Within 90 days of the effective date of this
amendatory Act of the 103rd General Assembly, the Supreme
Court Access to Justice Commission shall submit to the General
Assembly a plan to fully implement the indigent tenant
representation requirements under and consistent with this
Section within 12 months of the effective date of this
amendatory Act of the 103rd General Assembly.