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

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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

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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
HB2315 LRB103 25111 LNS 51446 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

HB2315 - 2 - LRB103 25111 LNS 51446 b
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.