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Full Text of HB5385
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HB5385 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5385
Introduced 2/10/2026, by Rep. Dave Vella
SYNOPSIS AS INTRODUCED:
110 ILCS 916/15
110 ILCS 916/20
Amends the Public Interest Attorney Assistance Act. Allows a solo
practitioner in or employed by a private practice in a county with 20 or
fewer attorneys in private practice to be considered a "public interest
attorney" who may apply for loan repayment assistance under the Public
Interest Attorney Loan Repayment Assistance Program. Allows a graduate of
a law school located in the State who is a licensed attorney in another
state in good standing to be eligible for assistance. Adds as an
eligibility requirement that an applicant must not have earned more than
$120,000 from the practice of law in the prior 12 months. Raises the
maximum amount of assistance to $10,000 (rather than $6,000) per year and
$50,000 (rather than $30,000) during a program participant's career. Makes
other changes.
LRB104 18212 LNS 31651 b
A BILL FOR
HB5385
LRB104 18212 LNS 31651 b
1
AN ACT concerning education.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Public Interest Attorney Assistance Act is
5
amended by changing Sections 15 and 20 as follows:
6
(110 ILCS 916/15)
7
Sec. 15.
Definitions.
For the purposes of this Act:
8
"Assistant State's Attorney" means a full-time employee of
9
a State's Attorney in Illinois or the State's Attorneys
10
Appellate Prosecutor who is continually licensed to practice
11
law and prosecutes or defends cases on behalf of the State or a
12
county.
13
"Assistant Attorney General" means a full-time employee of
14
the Illinois Attorney General who is continually licensed to
15
practice law and prosecutes or defends cases on behalf of the
16
State.
17
"Assistant Public Defender" means a full-time employee of
18
a Public Defender in Illinois or the State Appellate Defender
19
who is continually licensed to practice law and provides legal
20
representation to indigent persons, as provided by statute.
21
"Assistant public guardian" means a full-time employee of
22
a public guardian in Illinois who is continually licensed to
23
practice law and provides legal representation pursuant to
HB5385
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LRB104 18212 LNS 31651 b
1
court appointment.
2
"Civil legal aid" means free or reduced-cost legal
3
representation or advice to low-income clients in non-criminal
4
matters.
5
"Civil legal aid attorney" means an attorney who is
6
continually licensed to practice law and is employed full time
7
as an attorney at a civil legal aid organization in Illinois.
8
"Civil legal aid organization" means a not-for-profit
9
corporation in Illinois that (i) is exempt from the payment of
10
federal income tax pursuant to Section 501(c)(3) of the
11
Internal Revenue Code, (ii) is established for the purpose of
12
providing legal services that include civil legal aid, (iii)
13
employs 2 or more full-time attorneys who are licensed to
14
practice law in this State and who directly provide civil
15
legal aid, and (iv) is in compliance with registration and
16
filing requirements that are applicable under the Charitable
17
Trust Act and the Solicitation for Charity Act.
18
"Commission" means the Illinois Student Assistance
19
Commission.
20
"Committee" means the advisory committee created under
21
Section 20 of this Act.
22
"Eligible debt" means outstanding principal, interest, and
23
related fees from loans obtained for undergraduate, graduate,
24
or law school educational expenses made by government or
25
commercial lending institutions or educational institutions.
26
"Eligible debt" excludes loans made by a private individual or
HB5385
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LRB104 18212 LNS 31651 b
1
family member.
2
"IGAC attorney" means a full-time employee of the Illinois
3
Guardianship and Advocacy Commission, including the Office of
4
State Guardian, the Legal Advocacy Service, and the Human
5
Rights Authority, who is continually licensed to practice law
6
and provides legal representation to carry out the
7
responsibilities of the Illinois Guardianship and Advocacy
8
Commission.
9
"Legislative attorney" means a full-time employee of the
10
Illinois Senate, the Illinois House of Representatives, or the
11
Illinois Legislative Reference Bureau who is continually
12
licensed to practice law and provides legal advice to members
13
of the General Assembly.
14
"Program" means the Public Interest Attorney Loan
15
Repayment Assistance Program.
16
"Public interest attorney" means an attorney practicing in
17
Illinois who is an assistant State's Attorney, assistant
18
Public Defender, civil legal aid attorney, assistant Attorney
19
General, assistant public guardian, IGAC attorney,
or
20
legislative attorney
, or solo practitioner in or employed by a
21
private practice in a county with 20 or fewer attorneys in
22
private practice
.
23
"Qualifying employer" means (i) an Illinois State's
24
Attorney or the State's Attorneys Appellate Prosecutor, (ii)
25
an Illinois Public Defender or the State Appellate Defender,
26
(iii) an Illinois civil legal aid organization, (iv) the
HB5385
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LRB104 18212 LNS 31651 b
1
Illinois Attorney General, (v) an Illinois public guardian,
2
(vi) the Illinois Guardianship and Advocacy Commission, (vii)
3
the Illinois Senate, (viii) the Illinois House of
4
Representatives,
or
(ix) the Illinois Legislative Reference
5
Bureau
, or (x) a private practice in a county with 20 or fewer
6
attorneys in private practice
.
7
(Source: P.A. 96-615, eff. 1-1-10; 96-768, eff. 1-1-10.)
8
(110 ILCS 916/20)
9
Sec. 20.
Public Interest Attorney Loan Repayment
10
Assistance Program.
11
(a) The Commission shall establish and administer the
12
Program for the primary purpose of providing loan repayment
13
assistance to practicing attorneys to encourage them to pursue
14
careers as public interest attorneys to protect the rights of
15
this State's most vulnerable citizens
, provide services to
16
persons in underserved or rural areas,
or provide quality
17
enforcement of State law. The Commission shall create an
18
advisory committee composed of representatives from
19
organizations with relevant expertise, including one person
20
from each of the following entities:
21
(1) The Illinois State's Attorneys Association.
22
(2) An office of an Illinois Public Defender.
23
(3) An office of an Illinois public guardian.
24
(4) The Office of the Illinois Attorney General.
25
(5) An Illinois metropolitan bar association.
HB5385
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LRB104 18212 LNS 31651 b
1
(6) An Illinois statewide bar association.
2
(7) A public law school in this State.
3
(b) The Public Interest Attorney Loan Repayment Assistance
4
Fund is created as a special fund in the State treasury. The
5
Fund shall consist of all moneys remitted to the Commission
6
under the terms of this Act. All money in the Fund shall be
7
used, subject to appropriation, by the Commission for the
8
purposes of this Act.
9
(c) Subject to the availability of appropriations and
10
subsections (d) and (e) of this Section, the Commission shall
11
distribute funds to eligible applicants.
12
(d) The Commission is authorized to prescribe all rules,
13
policies, and procedures necessary or convenient for the
14
administration of the Program and all terms and conditions
15
applicable to payments made under this Act. This shall be done
16
with the guidance and assistance of the Committee.
17
(e) The Commission shall administer the Program,
18
including, but not limited to, establishing and implementing
19
the following:
20
(1) An application process. Subject to the
21
availability of appropriations, the Commission shall, each
22
year, consider applications by eligible public interest
23
attorneys for loan repayment assistance under the Program.
24
All applications must be submitted to the Commission in a
25
form and manner prescribed by the Commission. Applicants
26
must submit any supporting documents deemed necessary by
HB5385
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LRB104 18212 LNS 31651 b
1
the Commission at the time of application.
2
(2) Eligibility requirements. The Commission shall, on
3
an annual basis, receive and consider applications for
4
loan repayment assistance under the Program if the
5
Commission finds that the applicant:
6
(i) is a citizen or permanent resident of the
7
United States;
8
(ii) is a licensed member of the Illinois Bar in
9
good standing
or a graduate of a law school located in
10
this State who is a licensed attorney of another state
11
in good standing
;
12
(iii) has eligible debt in grace or repayment
13
status
and has not defaulted on an educational loan
;
14
and
15
(iv) is employed as a public interest attorney
16
with a qualifying employer in Illinois
; and
.
17
(v) has earned no more than $120,000 from the
18
practice of law in the prior 12 months, not including
19
health insurance premiums or other employment benefits
20
that are paid by the applicant's employer.
21
(3) A maximum amount of loan repayment assistance for
22
each participant, which shall be
$10,000
$6,000
per year,
23
up to a maximum of
$50,000
$30,000
during the
24
participant's career.
25
(4) Prioritization. The Commission shall develop
26
criteria for prioritization among eligible applicants in
HB5385
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LRB104 18212 LNS 31651 b
1
the event that there are insufficient funds available to
2
make payments to all eligible applicants under this Act.
3
The prioritization criteria shall include the timeliness
4
of the application, the applicant's salary level, the
5
amount of the applicant's eligible debt, the availability
6
of other loan repayment assistance to the applicant, the
7
applicant's length of service as a public interest
8
attorney, and the applicant's prior participation in the
9
Program.
10
(f) The distribution of funds available after
11
administrative costs must be made by the Commission to
12
eligible public interest attorneys in the following manner:
13
(1) Loan repayment assistance must be in the form of a
14
forgivable loan.
15
(2) To have the loan forgiven, the participant shall
16
(i) complete a year of employment with a qualifying
17
employer and (ii) make educational debt payments (interest
18
or principal or both) that equal at least the amount of
19
assistance received under the Program during the
20
assistance year.
21
(3) Each loan must be documented by means of a
22
promissory note executed by the borrower in a form
23
provided by the Commission and shall be forgiven when an
24
eligible participant meets the requirements set forth by
25
the Commission.
26
(Source: P.A. 96-615, eff. 1-1-10; 96-768, eff. 1-1-10.)
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