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Illinois Compiled Statutes

735 ILCS 5/22-105 (2026)

Frivolous lawsuits filed by prisoners

✓ current as of May 2026
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(735 ILCS 5/22-105)
    Sec. 22-105. Frivolous lawsuits filed by prisoners.
    (a) If a prisoner confined in an Illinois Department of Corrections facility files a pleading, motion, or other filing which purports to be a legal document in a case 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, in a habeas corpus action under Article X of this Code, in a claim under the Court of Claims Act, or a second or subsequent petition for relief from judgment under Section 2-1401 of this Code or in another action against the State, the Illinois Department of Corrections, or the Prisoner Review Board, or against 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 filed by the prisoner is frivolous, the prisoner is responsible for the full payment of filing fees and actual court costs.
    On filing the action or proceeding the court shall assess and, when funds exist, collect as a partial payment of any court costs required by law a first time payment of 50% of the average monthly balance of the prisoner's trust fund account for the past 6 months. Thereafter 50% of all deposits into the prisoner's individual account under Sections 3-4-3 and 3-12-5 of the Unified Code of Corrections administered by the Illinois Department of Corrections shall be withheld until the actual court costs are collected in full. The Department of Corrections shall forward any moneys withheld to the court of jurisdiction. If a prisoner is released before the full costs are collected, the Department of Corrections shall forward the amount of costs collected through the date of release. The court of jurisdiction is responsible for sending the Department of Corrections a copy of the order mandating the amount of court fees to be paid. Nothing in this Section prohibits an applicant from filing an action or proceeding if the applicant is unable to pay the court costs.
    (b) In this Section, "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. 95-424, eff. 1-1-08.)


 
    (735 ILCS 5/Art. XXIII heading)
ARTICLE XXIII.
SEXUAL ABUSE PER SE HARMFUL
(Source: P.A. 103-1053, eff. 12-20-24.)

    
Notes of Decisions
Cited in 61 cases (18 in the last 5 years), 2004–2026 · leading case: People v. Alcozer, 948 N.E.2d 70 (Ill. 2011).
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People v. Alcozer, 948 N.E.2d 70 (Ill. 2011). · cites it 7× “At issue in this appeal is the constitutionality of section 22-105 of the Code of Civil Procedure (Code) (735 ILCS 5/22-105 (West 2006)), providing for imposition of fees and costs upon summary dismissal of a postconviction petition summarily dismissed as frivolous or patently…”
People v. Marshall, 886 N.E.2d 1106 (Ill. App. Ct. 2008). · cites it 6× “We affirm but vacate the $90 fee assessed to defendant under section 22-105 of the Code of Civil Procedure (Code) ( 735 ILCS 5/22-105 (West 2004)) (frivolous lawsuits filed by prisoners).”
People v. Brown, 923 N.E.2d 748 (Ill. 2010). · cites it 2× “The circuit court also assessed fees and court costs of $155 under section 22-105 of the Code of Civil Procedure (Code) (735 ILCS 5/22-105 (West 2006)), for filing a frivolous postconviction petition.”
People v. Gale, 876 N.E.2d 171 (Ill. App. Ct. 2007). · cites it 8× “Filing Fees as "Violative of Rights" Defendant's final contention is that, even if the $90 fee for filing his postconviction petition was authorized, the $105 amount charged by the trial court (the sum of $90 for his petition plus $15 in mailing fees) pursuant to section 22-105…”
People v. Carter, 877 N.E.2d 446 (Ill. App. Ct. 2007). · cites it 14× “Justice O'MARA FROSSARD delivered the opinion of the court: Defendant Gerald Carter challenges the trial court's order assessing $90 in costs and fees pursuant to section 22-105 of the Code of Civil Procedure (735 ILCS 5/22-105 (West 2004)) upon dismissing defendant's successive…”
People v. Hodges, 912 N.E.2d 1204 (Ill. 2009). “See 735 ILCS 5/22-105(b) (West 2006) (defining frivolous pleading as one which "lacks an arguable basis either in law or in fact," in statute providing that prisoner whose postconviction petition is specifically found by a court to be frivolous is responsible for filing fees and…”
People v. Moore, 2023 IL App (4th) 210245 (Ill. App. Ct. 2023). · cites it 4× “Payment of Filing Fees and Court Costs—Section 22-105(a) ¶ 65 Section 22-105(a) of the Code of Civil Procedure (735 ILCS 5/22-105(a) (West 2020)), is a corollary to section 3-6-3(d) of the Unified Code of Corrections that imposes responsibility for the payment of filings fees…”
People v. Ruth, 2022 IL App (1st) 192023 (Ill. App. Ct. 2022). · cites it 4× “See 735 ILCS 5/22-105 (West 2018). We note that Ruth argues his section 2-1401 petition is not covered by section 22-105 - 11 - No.”
People v. Edwards, 966 N.E.2d 417 (Ill. App. Ct. 2012). “¶ 17 The legislative intent to limit successive petitions is also reflected in the enactment of section 22-105 of the Code of Civil Procedure (735 ILCS 5/22-105 (West 2006)), which mandates the assessment of fees and costs when a postconviction petition is found to be frivolous…”
People v. McGhee, 964 N.E.2d 715 (Ill. App. Ct. 2012). “Because defendant's postconviction petition does not make a substantial showing of a constitutional violation, the circuit court was correct to dismiss the petition at the second stage.”
People v. Shunick, 2024 IL 129244 (Ill. 2024). “1, 2018), section 22-105 of the Code (735 ILCS 5/22-105 (West 2020)), and procedures such as contempt proceedings, all of which provide penalties for untruthfulness.”
Dupree v. Hardy, 2011 IL App (4th) 100351 (Ill. App. Ct. 2011). “” 735 ILCS 5/22-105(a) (West 2008). ¶ 43 Because we have previously determined that the trial court did not err by dismissing Dupree’s mandamus petition for failing to state a cause of action and similarly conclude that, based on that analysis, Dupree’s contentions were…”
Show all 61 citing cases →
— 735 ILCS 5/22-105(a) — 34 cases
People v. Gale, 876 N.E.2d 171 (Ill. App. Ct. 2007). “Filing Fees as "Violative of Rights" Defendant's final contention is that, even if the $90 fee for filing his postconviction petition was authorized, the $105 amount charged by the trial court (the sum of $90 for his petition plus $15 in mailing fees) pursuant to section 22-105…”
People v. Moore, 2023 IL App (4th) 210245 (Ill. App. Ct. 2023). “Payment of Filing Fees and Court Costs—Section 22-105(a) ¶ 65 Section 22-105(a) of the Code of Civil Procedure (735 ILCS 5/22-105(a) (West 2020)), is a corollary to section 3-6-3(d) of the Unified Code of Corrections that imposes responsibility for the payment of filings fees…”
People v. Brown, 923 N.E.2d 748 (Ill. 2010). “The circuit court also assessed fees and court costs of $155 under section 22-105 of the Code of Civil Procedure (Code) (735 ILCS 5/22-105 (West 2006)), for filing a frivolous postconviction petition.”
People v. Carter, 877 N.E.2d 446 (Ill. App. Ct. 2007). “Justice O'MARA FROSSARD delivered the opinion of the court: Defendant Gerald Carter challenges the trial court's order assessing $90 in costs and fees pursuant to section 22-105 of the Code of Civil Procedure (735 ILCS 5/22-105 (West 2004)) upon dismissing defendant's successive…”
People v. Alcozer, 948 N.E.2d 70 (Ill. 2011). “At issue in this appeal is the constitutionality of section 22-105 of the Code of Civil Procedure (Code) (735 ILCS 5/22-105 (West 2006)), providing for imposition of fees and costs upon summary dismissal of a postconviction petition summarily dismissed as frivolous or patently…”
— 735 ILCS 5/22-105(b) — 11 cases
People v. Hodges, 912 N.E.2d 1204 (Ill. 2009). “See 735 ILCS 5/22-105(b) (West 2006) (defining frivolous pleading as one which "lacks an arguable basis either in law or in fact," in statute providing that prisoner whose postconviction petition is specifically found by a court to be frivolous is responsible for filing fees and…”
People v. Moore, 2023 IL App (4th) 210245 (Ill. App. Ct. 2023). “Payment of Filing Fees and Court Costs—Section 22-105(a) ¶ 65 Section 22-105(a) of the Code of Civil Procedure (735 ILCS 5/22-105(a) (West 2020)), is a corollary to section 3-6-3(d) of the Unified Code of Corrections that imposes responsibility for the payment of filings fees…”
People v. Gale, 876 N.E.2d 171 (Ill. App. Ct. 2007). “Filing Fees as "Violative of Rights" Defendant's final contention is that, even if the $90 fee for filing his postconviction petition was authorized, the $105 amount charged by the trial court (the sum of $90 for his petition plus $15 in mailing fees) pursuant to section 22-105…”
People v. Lewis, 2017 IL App (1st) 150070 (Ill. App. Ct. 2017).
People v. Carter, 877 N.E.2d 446 (Ill. App. Ct. 2007). “Justice O'MARA FROSSARD delivered the opinion of the court: Defendant Gerald Carter challenges the trial court's order assessing $90 in costs and fees pursuant to section 22-105 of the Code of Civil Procedure (735 ILCS 5/22-105 (West 2004)) upon dismissing defendant's successive…”
— 735 ILCS 5/22-105(b)(1) — 3 cases
People v. Chacon, 2016 IL App (1st) 141221 (Ill. App. Ct. 2016).
People v. Smith (Ill. App. Ct. 2008).
People v. Munoz (Ill. App. Ct. 2010).
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