Special Edition: Illinois fee/fine/cost legislation in the 2017 session

HB 2591 AS APPROVED BY HOUSE STATE GOVERNMENT ADMINISTRATION COMMITTEE

  • Provides that a defendant who is an indigent person may petition the court for full or partial waiver of court assessments imposed under the Criminal and Traffic Assessment Act. Sets percentages that may be waived based on level of indigence
  • Provides for 100% waiver if person is “indigent person”, defined as
    • He or she is receiving assistance under one or more of the following means-based governmental public benefits programs: Supplemental Security Income; Aid to the Aged, Blind and Disabled; Temporary Assistance for Needy Families; Supplemental Nutrition Assistance Program; General Assistance; Transitional Assistance; or State Children and Family Assistance.
    • His or her available income is 200% or less of the current poverty level as established by the United States Department of Health and Human Services, unless the applicant’s assets that are not exempt Code of Civil Procedure are of a nature and value that the court determines that the applicant is able to pay the assessments.
    • He or she is, in the discretion of the court, unable to proceed in an action with payment of assessments and whose payment of those assessments would result in substantial hardship to the person or his or her family.
  • Allows for partial based on sliding scale of indigence
    • 75% waiver if 250-300% of the poverty level
    • 50% waiver if 300-350% of the poverty level
    • 25% waiver if 351-400% of the poverty level
  • Requires clerk provide notice “If you are unable to pay the required assessments, you may ask the court to allow you to proceed without paying them. Ask the clerk of the court for forms.”

Approved as amended by House State Government Administration Committee 3/22/17.