HB 4092

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Full Text of HB4092
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	HB4092 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4092
Introduced 10/15/2025, by Rep. Terra Costa Howard
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 any party seeking a waiver of fees, costs, or charges or seeking to use a previously ordered waiver of fees, costs, or charges shall provide proper notice to all other parties and attorneys of record prior to presenting the application for the waiver of fees, costs, or charges to the court and the court shall not enter an order for a waiver of fees, costs, or charges unless the applicant shows proof of proper notice. Provides that the waiver of fees, costs, or charges shall not automatically apply to fees, costs, or charges ordered or required to be paid for specified fees and costs under the Illinois Marriage and Dissolution of Marriage Act but shall instead be considered by the court in each individual case. Effective immediately.
LRB104 14518 LNS 27658 b
A BILL FOR
		HB4092		LRB104 14518 LNS 27658 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
5changing Section 5-105 as follows:
6    (735 ILCS 5/5-105)  (from Ch. 110, par. 5-105)
7    Sec. 5-105. Waiver of court fees, costs, and charges.
8    (a) As used in this Section:
9        (1) "Fees, costs, and charges" means payments imposed
10    on a party in connection with the prosecution or defense
11    of a civil action, including, but not limited to: fees set
12    forth in Section 27.1b of the Clerks of Courts Act; fees
13    for service of process and other papers served either
14    within or outside this State, including service by
15    publication pursuant to Section 2-206 of this Code and
16    publication of necessary legal notices; motion fees;
17    charges for participation in, or attendance at, any
18    mandatory process or procedure including, but not limited
19    to, conciliation, mediation, arbitration, counseling,
20    evaluation, "Children First", "Focus on Children" or
21    similar programs; fees for supplementary proceedings;
22    charges for translation services; guardian ad litem fees;
23    and all other processes and procedures deemed by the court
		HB4092	- 2 -	LRB104 14518 LNS 27658 b
1    to be necessary to commence, prosecute, defend, or enforce
2    relief in a civil action.
3        (2) "Indigent person" means any person who meets one
4    or more of the following criteria:
5            (i) He or she is receiving assistance under one or
6        more of the following means-based governmental public
7        benefits programs: Supplemental Security Income (SSI),
8        Aid to the Aged, Blind and Disabled (AABD), Temporary
9        Assistance for Needy Families (TANF), Supplemental
10        Nutrition Assistance Program (SNAP), General
11        Assistance, Transitional Assistance, or State Children
12        and Family Assistance.
13            (ii) His or her available personal income is 125%
14        or less of the current poverty level, unless the
15        applicant's assets that are not exempt under Part 9 or
16        10 of Article XII of this Code are of a nature and
17        value that the court determines that the applicant is
18        able to pay the fees, costs, and charges.
19            (iii) He or she is, in the discretion of the court,
20        unable to proceed in an action without payment of
21        fees, costs, and charges and whose payment of those
22        fees, costs, and charges would result in substantial
23        hardship to the person or his or her family.
24            (iv) He or she is an indigent person pursuant to
25        Section 5-105.5 of this Code.
26        (3) "Poverty level" means the current poverty level as
		HB4092	- 3 -	LRB104 14518 LNS 27658 b
1    established by the United States Department of Health and
2    Human Services.
3    (b) On the application of any person, before or after the
4commencement of an action:
5        (1) If the court finds that the applicant is an
6    indigent person, the court shall grant the applicant a
7    full fees, costs, and charges waiver entitling him or her
8    to sue or defend the action without payment of any of the
9    fees, costs, and charges.
10        (2) If the court finds that the applicant satisfies
11    any of the criteria contained in items (i), (ii), or (iii)
12    of this subdivision (b)(2), the court shall grant the
13    applicant a partial fees, costs, and charges waiver
14    entitling him or her to sue or defend the action upon
15    payment of the applicable percentage of the assessments,
16    costs, and charges of the action, as follows:
17            (i) the court shall waive 75% of all fees, costs,
18        and charges if the available income of the applicant
19        is greater than 125% but does not exceed 150% of the
20        poverty level, unless the assets of the applicant that
21        are not exempt under Part 9 or 10 of Article XII of
22        this Code are such that the applicant is able, without
23        undue hardship, to pay a greater portion of the fees,
24        costs, and charges;
25            (ii) the court shall waive 50% of all fees, costs,
26        and charges if the available income is greater than
		HB4092	- 4 -	LRB104 14518 LNS 27658 b
1        150% but does not exceed 175% of the poverty level,
2        unless the assets of the applicant that are not exempt
3        under Part 9 or 10 of Article XII of this Code are such
4        that the applicant is able, without undue hardship, to
5        pay a greater portion of the fees, costs, and charges;
6        and
7            (iii) the court shall waive 25% of all fees,
8        costs, and charges if the available income of the
9        applicant is greater than 175% but does not exceed
10        200% of the current poverty level, unless the assets
11        of the applicant that are not exempt under Part 9 or 10
12        of Article XII of this Code are such that the applicant
13        is able, without undue hardship, to pay a greater
14        portion of the fees, costs, and charges.
15    (c) An application for waiver of court fees, costs, and
16charges shall be in writing and signed by the applicant, or, if
17the applicant is a minor or an incompetent adult, by another
18person having knowledge of the facts. The contents of the
19application for waiver of court fees, costs, and charges, and
20the procedure for the decision of the applications, shall be
21established by Supreme Court Rule. Factors to consider in
22evaluating an application shall include:
23        (1) the applicant's receipt of needs based
24    governmental public benefits, including Supplemental
25    Security Income (SSI); Aid to the Aged, Blind and Disabled
26    (AABD); Temporary Assistance for Needy Families (TANF);
		HB4092	- 5 -	LRB104 14518 LNS 27658 b
1    Supplemental Nutrition Assistance Program (SNAP or "food
2    stamps"); General Assistance; Transitional Assistance; or
3    State Children and Family Assistance;
4        (2) the employment status of the applicant and amount
5    of monthly income, if any;
6        (3) income received from the applicant's pension,
7    Social Security benefits, unemployment benefits, and other
8    sources;
9        (4) income received by the applicant from other
10    household members;
11        (5) the applicant's monthly expenses, including rent,
12    home mortgage, other mortgage, utilities, food, medical,
13    vehicle, childcare, debts, child support, and other
14    expenses; and
15        (6) financial affidavits or other similar supporting
16    documentation provided by the applicant showing that
17    payment of the imposed fees, costs, and charges would
18    result in substantial hardship to the applicant or the
19    applicant's family.
20    (c-5) The court shall provide, through the office of the
21clerk of the court, the application for waiver of court fees,
22costs, and charges to any person seeking to sue or defend an
23action who indicates an inability to pay the fees, costs, and
24charges of the action. The clerk of the court shall post in a
25conspicuous place in the courthouse a notice no smaller than
268.5 x 11 inches, using no smaller than 30-point typeface
		HB4092	- 6 -	LRB104 14518 LNS 27658 b
1printed in English and in Spanish, advising the public that
2they may ask the court for permission to sue or defend a civil
3action without payment of fees, costs, and charges. The notice
4shall be substantially as follows:
5        "If you are unable to pay the fees, costs, and charges
6    of an action you may ask the court to allow you to proceed
7    without paying them. Ask the clerk of the court for
8    forms."
9    (d) (Blank).
10    (e) The clerk of the court shall not refuse to accept and
11file any complaint, appearance, or other paper presented by
12the applicant if accompanied by an application for waiver of
13court fees, costs, and charges, and those papers shall be
14considered filed on the date the application is presented. If
15the application is denied or a partial fees, costs, and
16charges waiver is granted, the order shall state a date
17certain by which the necessary fees, costs, and charges must
18be paid. For good cause shown, the court may allow an applicant
19who receives a partial fees, costs, and charges waiver to
20defer payment of fees, costs, and charges, make installment
21payments, or make payment upon reasonable terms and conditions
22stated in the order. The court may dismiss the claims or strike
23the defenses of any party failing to pay the fees, costs, and
24charges within the time and in the manner ordered by the court.
25A judicial ruling on an application for waiver of court
26assessments does not constitute a decision of a substantial
		HB4092	- 7 -	LRB104 14518 LNS 27658 b
1issue in the case under Section 2-1001 of this Code.
2    (f) The order granting a full or partial fees, costs, and
3charges waiver shall expire after one year. Upon expiration of
4the waiver, or a reasonable period of time before expiration,
5the party whose fees, costs, and charges were waived may file
6another application for waiver and the court shall consider
7the application in accordance with the applicable Supreme
8Court Rule.
9    (f-5) If, before or at the time of final disposition of the
10case, the court obtains information, including information
11from the court file, suggesting that a person whose fees,
12costs, and charges were initially waived was not entitled to a
13full or partial waiver at the time of application, the court
14may require the person to appear at a court hearing by giving
15the applicant no less than 10 days' written notice of the
16hearing and the specific reasons why the initial waiver might
17be reconsidered. The court may require the applicant to
18provide reasonably available evidence, including financial
19information, to support his or her eligibility for the waiver,
20but the court shall not require submission of information that
21is unrelated to the criteria for eligibility and application
22requirements set forth in subdivision (b)(1) or (b)(2) of this
23Section. If the court finds that the person was not initially
24entitled to any waiver, the person shall pay all fees, costs,
25and charges relating to the civil action, including any
26previously waived fees, costs, and charges. The order may
		HB4092	- 8 -	LRB104 14518 LNS 27658 b
1state terms of payment in accordance with subsection (e). The
2court shall not conduct a hearing under this subsection more
3often than once every 6 months.
4    (f-10) If, before or at the time of final disposition of
5the case, the court obtains information, including information
6from the court file, suggesting that a person who received a
7full or partial waiver has experienced a change in financial
8condition so that he or she is no longer eligible for that
9waiver, the court may require the person to appear at a court
10hearing by giving the applicant no less than 10 days' written
11notice of the hearing and the specific reasons why the waiver
12might be reconsidered. The court may require the person to
13provide reasonably available evidence, including financial
14information, to support his or her continued eligibility for
15the waiver, but shall not require submission of information
16that is unrelated to the criteria for eligibility and
17application requirements set forth in subdivisions (b)(1) and
18(b)(2) of this Section. If the court enters an order finding
19that the person is no longer entitled to a waiver, or is
20entitled to a partial waiver different than that which the
21person had previously received, the person shall pay the
22requisite fees, costs, and charges from the date of the order
23going forward. The order may state terms of payment in
24accordance with subsection (e) of this Section. The court
25shall not conduct a hearing under this subsection more often
26than once every 6 months.
		HB4092	- 9 -	LRB104 14518 LNS 27658 b
1    (g) A court, in its discretion, may appoint counsel to
2represent an indigent person, and that counsel shall perform
3his or her duties without fees, charges, or reward.
4    (h) Nothing in this Section shall be construed to affect
5the right of a party to sue or defend an action in forma
6pauperis without the payment of fees, costs, charges, or the
7right of a party to court-appointed counsel, as authorized by
8any other provision of law or by the rules of the Illinois
9Supreme Court. Nothing in this Section shall be construed to
10limit the authority of a court to order another party to the
11action to pay the fees, costs, and charges of the action.
12    (h-5) If a party is represented by a civil legal services
13provider or an attorney in a court-sponsored pro bono program
14as defined in Section 5-105.5 of this Code, the attorney
15representing that party shall file a certification with the
16court in accordance with Supreme Court Rule 298 and that party
17shall be allowed to sue or defend without payment of fees,
18costs, and charges without filing an application under this
19Section.
20    (h-10) (Blank).
21    (h-15) Any party seeking a waiver of fees, costs, or 
22charges or seeking to use a previously ordered waiver of fees, 
23costs, or charges shall provide proper notice to all other 
24parties and attorneys of record prior to presenting the 
25application for the waiver of fees, costs, or charges to the 
26court and the court shall not enter an order for a waiver of 
		HB4092	- 10 -	LRB104 14518 LNS 27658 b
1fees, costs, or charges unless the applicant shows proof of 
2proper notice. The waiver of fees, costs, or charges 
3authorized by this subsection shall not automatically apply to 
4fees, costs, or charges ordered or required to be paid for 
5attorney's fees and costs incurred by an individual appointed 
6under Section 506 of the Illinois Marriage and Dissolution of 
7Marriage Act, any evaluation costs under Section 604 of the 
8Illinois Marriage and Dissolution of Marriage Act, or any 
9counseling costs ordered under Section 607.6 of the Illinois 
10Marriage and Dissolution of Marriage Act but shall instead be 
11considered by the court in each individual case.
12    (i) The provisions of this Section are severable under
13Section 1.31 of the Statute on Statutes.
14(Source: P.A. 101-36, eff. 6-28-19; 102-558, eff. 8-20-21.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.