ILCS » Chapter 705 · Act 105
Illinois Compiled Statutes

705 ILCS 105/27.9 (2026)

Frivolous lawsuits filed by prisoners

✓ current as of May 2026
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(705 ILCS 105/27.9)
    Sec. 27.9. Frivolous lawsuits filed by prisoners.
    (a) The fees of the clerks of the circuit court shall not be waived for a petitioner who is a prisoner in an Illinois Department of Corrections facility who files a pleading, motion, or other filing which purports to be a legal document in a lawsuit seeking post-conviction relief under Article 122 of the Code of Criminal Procedure of 1963, pursuant to Section 116-3 of the Code of Criminal Procedure of 1963, or in a habeas corpus action under Article X of the Code of Civil Procedure and the defendant is the State, the Illinois Department of Corrections, or the Prisoner Review Board or any of their officers or employees, and the court makes a specific finding that the pleading, motion, or other filing which purports to be a legal document is frivolous.
    (b) "Frivolous" means that a pleading, motion, or other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria:
        (1) it lacks an arguable basis either in law or in
    
fact;
        (2) it is being presented for any improper purpose,
    
such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
        (3) the claims, defenses, and other legal contentions
    
therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
        (4) the allegations and other factual contentions do
    
not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; or
        (5) the denials of factual contentions are not
    
warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief.
(Source: P.A. 90-505, eff. 8-19-97; 90-655, eff. 7-30-98.)

    
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2026 · leading case: People v. Moore, 2021 IL App (4th) 190524-U (Ill. App. Ct. 2021).
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People v. Moore, 2021 IL App (4th) 190524-U (Ill. App. Ct. 2021). · cites it 2× “See 705 ILCS 105/27.9 (West 2018). ¶ 24 In conclusion, we agree with OSAD’s determination that no meritorious argument can be raised on defendant’s behalf on appeal, and we grant OSAD leave to withdraw as defendant’s appellate counsel.”
People v. Crenshaw (Ill. App. Ct. 2026). “) See 705 ILCS 105/27.9(a) (West 2020). In addition, the court is authorized by statute to collect filing fees from a prisoner’s trust fund account.”
— 705 ILCS 105/27.9(a) — 2 cases
People v. Moore, 2021 IL App (4th) 190524-U (Ill. App. Ct. 2021). “See 705 ILCS 105/27.9 (West 2018). ¶ 24 In conclusion, we agree with OSAD’s determination that no meritorious argument can be raised on defendant’s behalf on appeal, and we grant OSAD leave to withdraw as defendant’s appellate counsel.”
People v. Crenshaw (Ill. App. Ct. 2026). “) See 705 ILCS 105/27.9(a) (West 2020). In addition, the court is authorized by statute to collect filing fees from a prisoner’s trust fund account.”
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