093_HB2088eng

 
HB2088 Engrossed                     LRB093 02522 WGH 02532 b

 1        AN ACT in relation to civil procedure.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Code  of  Civil Procedure is amended by
 5    changing Sections 2-1402,  12-901,  12-904,  12-906,  12-909,
 6    12-910, 12-911, 12-912, and 12-1001 as follows:

 7        (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
 8        Sec. 2-1402. Supplementary proceedings.
 9        (a)  A  judgment  creditor,  or  his  or her successor in
10    interest when that interest is made to appear of  record,  is
11    entitled  to  prosecute  supplementary  proceedings  for  the
12    purposes of examining the judgment debtor or any other person
13    to  discover  assets  or income of the debtor not exempt from
14    the  enforcement  of  the  judgment,  a  deduction  order  or
15    garnishment, and of compelling the application of  non-exempt
16    assets  or income discovered toward the payment of the amount
17    due under the judgment.  A supplementary proceeding shall  be
18    commenced  by  the service of a citation issued by the clerk.
19    The procedure for conducting supplementary proceedings  shall
20    be  prescribed  by  rules.   It  is not a prerequisite to the
21    commencement of a supplementary proceeding that  a  certified
22    copy  of  the  judgment  has  been  returned wholly or partly
23    unsatisfied. All citations issued by the clerk shall have the
24    following  language,  or   language   substantially   similar
25    thereto, stated prominently on the front, in capital letters:
26    "YOUR FAILURE TO APPEAR IN COURT AS HEREIN DIRECTED MAY CAUSE
27    YOU  TO BE ARRESTED AND BROUGHT BEFORE THE COURT TO ANSWER TO
28    A CHARGE OF CONTEMPT OF COURT, WHICH  MAY  BE  PUNISHABLE  BY
29    IMPRISONMENT IN THE COUNTY JAIL." The court shall not grant a
30    continuance  of the supplementary proceeding except upon good
31    cause shown.
 
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 1        (b)  Any citation served upon a judgment  debtor  or  any
 2    other  person  shall  include a certification by the attorney
 3    for the judgment creditor or the  judgment  creditor  setting
 4    forth  the  amount of the judgment, the date of the judgment,
 5    or its revival date, the balance due thereon, the name of the
 6    court, and the number of the case, and a copy of the citation
 7    notice required by this subsection.  Whenever a  citation  is
 8    served upon a person or party other than the judgment debtor,
 9    the  officer or person serving the citation shall send to the
10    judgment debtor, within three business days  of  the  service
11    upon the cited party, a copy of the citation and the citation
12    notice,  which may be sent by regular first-class mail to the
13    judgment debtor's last known address.  In no  event  shall  a
14    citation hearing be held sooner than five business days after
15    the  mailing  of  the  citation  and  citation  notice to the
16    judgment debtor, except by agreement  of  the  parties.   The
17    citation   notice  need  not  be  mailed  to  a  corporation,
18    partnership, or association.  The citation notice shall be in
19    substantially the following form:
20                          "CITATION NOTICE
21             (Name and address of Court)
22             Name of Case: (Name of Judgment Creditor),
23                  Judgment Creditor v.
24                  (Name of Judgment Debtor),
25                  Judgment Debtor.
26             Address of Judgment Debtor: (Insert last known
27                  address)
28             Name and address of Attorney for Judgment
29                  Creditor or of Judgment Creditor (If no
30                  attorney is listed): (Insert name and address)
31             Amount of Judgment: $ (Insert amount)
32             Name of Person Receiving Citation: (Insert name)
33             Court Date and Time: (Insert return date and time
34                  specified in citation)
 
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 1        NOTICE: The court  has  issued  a  citation  against  the
 2    person  named  above.   The  citation  directs that person to
 3    appear in court to be examined for the  purpose  of  allowing
 4    the judgment creditor to discover income and assets belonging
 5    to the judgment debtor or in which the judgment debtor has an
 6    interest.  The citation was issued on the basis of a judgment
 7    against the judgment debtor in favor of the judgment creditor
 8    in  the  amount  stated  above.   On  or after the court date
 9    stated above, the court may compel  the  application  of  any
10    discovered income or assets toward payment on the judgment.
11        The amount of income or assets that may be applied toward
12    the  judgment  is  limited  by federal and Illinois law.  The
13    JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY  EXEMPTIONS
14    AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH
15    MAY  NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
16    ABOVE:
17             (1)  Under Illinois or federal law,  the  exemptions
18        of  personal  property  owned  by  the debtor include the
19        debtor's equity interest, not to exceed $4,000 $2,000  in
20        value,  in any personal property as chosen by the debtor;
21        Social  Security  and  SSI  benefits;  public  assistance
22        benefits; unemployment  compensation  benefits;  worker's
23        compensation   benefits;   veteran's   benefits;  circuit
24        breaker property tax relief benefits; the debtor's equity
25        interest, not to exceed $2,400 $1,200 in  value,  in  any
26        one  motor vehicle, and the debtor's equity interest, not
27        to exceed  $1,500  $750  in  value,  in  any  implements,
28        professional books, or tools of the trade of the debtor.
29             (2)  Under Illinois law, every person is entitled to
30        an  estate in homestead, when it is owned and occupied as
31        a residence, to the extent in value  of  $15,000  $7,500,
32        which homestead is exempt from judgment.
33             (3)  Under  Illinois  law,  the amount of wages that
34        may be applied toward a judgment is limited to the lesser
 
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 1        of (i) 15% of gross weekly wages or (ii)  the  amount  by
 2        which  disposable earnings for a week exceed the total of
 3        45 times the federal minimum hourly wage.
 4             (4)  Under federal law, the amount of wages that may
 5        be applied toward a judgment is limited to the lesser  of
 6        (i)  25%  of  disposable  earnings for a week or (ii) the
 7        amount by which disposable earnings for a week exceed  30
 8        times the federal minimum hourly wage.
 9             (5)  Pension and retirement benefits and refunds may
10        be claimed as exempt under Illinois law.
11        The  judgment  debtor  may have other possible exemptions
12    under the law.
13        THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING
14    TO DECLARE EXEMPT CERTAIN  INCOME  OR  ASSETS  OR  BOTH.  The
15    judgment  debtor  also has the right to seek a declaration at
16    an earlier date, by notifying the clerk in writing at (insert
17    address of clerk).  When so notified, the Clerk of the  Court
18    will  obtain  a  prompt  hearing date from the court and will
19    provide the necessary forms that  must  be  prepared  by  the
20    judgment  debtor  or the attorney for the judgment debtor and
21    sent to the judgment creditor  and  the  judgment  creditor's
22    attorney  regarding  the  time  and  location of the hearing.
23    This notice may be sent by regular first class mail."
24        (c)  When assets or income of  the  judgment  debtor  not
25    exempt from the satisfaction of a judgment, a deduction order
26    or  garnishment are discovered, the court may, by appropriate
27    order or judgment:
28             (1)  Compel the judgment debtor to deliver up, to be
29        applied in satisfaction of the judgment, in whole  or  in
30        part, money, choses in action, property or effects in his
31        or  her  possession or control, so discovered, capable of
32        delivery and to which  his  or  her  title  or  right  of
33        possession is not substantially disputed.
34             (2)  Compel  the  judgment  debtor  to  pay  to  the
 
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 1        judgment   creditor   or   apply   on  the  judgment,  in
 2        installments, a portion of his or her income, however  or
 3        whenever  earned  or  acquired,  as  the  court  may deem
 4        proper, having due regard for the reasonable requirements
 5        of  the  judgment  debtor  and  his  or  her  family,  if
 6        dependent upon him  or  her,  as  well  as  any  payments
 7        required to be made by prior order of court or under wage
 8        assignments   outstanding;  provided  that  the  judgment
 9        debtor shall not be compelled to pay income  which  would
10        be  considered  exempt  as wages under the Wage Deduction
11        Statute. The court may modify an  order  for  installment
12        payments,  from  time to time, upon application of either
13        party upon notice to the other.
14             (3)  Compel  any  person  cited,  other   than   the
15        judgment  debtor, to deliver up any assets so discovered,
16        to be applied in satisfaction of the judgment,  in  whole
17        or  in  part,  when  those  assets  are  held  under such
18        circumstances that in an action by the judgment debtor he
19        or she could recover them in specie or obtain a  judgment
20        for  the  proceeds  or value thereof as for conversion or
21        embezzlement.
22             (4)  Enter any order upon or  judgment  against  the
23        person  cited  that  could  be entered in any garnishment
24        proceeding.
25             (5)  Compel  any  person   cited   to   execute   an
26        assignment  of  any  chose  in  action or a conveyance of
27        title to real or personal property, in  the  same  manner
28        and  to  the  same  extent  as  a  court  could do in any
29        proceeding by a judgment creditor to enforce payment of a
30        judgment or in aid of the enforcement of a judgment.
31             (6)  Authorize the judgment creditor to maintain  an
32        action against any person or corporation that, it appears
33        upon  proof satisfactory to the court, is indebted to the
34        judgment debtor, for the recovery of the debt, forbid the
 
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 1        transfer or other disposition of the debt until an action
 2        can be commenced and prosecuted to judgment, direct  that
 3        the  papers  or proof in the possession or control of the
 4        debtor and necessary in the prosecution of the action  be
 5        delivered  to  the  creditor  or  impounded in court, and
 6        provide for the disposition of any moneys  in  excess  of
 7        the  sum required to pay the judgment creditor's judgment
 8        and costs allowed by the court.
 9        (d)  No  order  or  judgment  shall  be   entered   under
10    subsection (c) in favor of the judgment creditor unless there
11    appears  of  record a certification of mailing showing that a
12    copy of the citation and a copy of the  citation  notice  was
13    mailed to the judgment debtor as required by subsection (b).
14        (e)  All  property  ordered  to  be  delivered  up shall,
15    except as otherwise provided in this Section, be delivered to
16    the sheriff to be collected by the sheriff or sold at  public
17    sale  and the proceeds thereof applied towards the payment of
18    costs and the satisfaction of the judgment.
19        (f)  (1)  The citation may prohibit the party to whom  it
20        is directed from making or allowing any transfer or other
21        disposition  of,  or  interfering  with, any property not
22        exempt from the enforcement of a  judgment  therefrom,  a
23        deduction order or garnishment, belonging to the judgment
24        debtor or to which he or she may be entitled or which may
25        thereafter  be  acquired  by or become due to him or her,
26        and from paying over or otherwise disposing of any moneys
27        not so exempt which are due  or  to  become  due  to  the
28        judgment  debtor, until the further order of the court or
29        the  termination  of  the  proceeding,  whichever  occurs
30        first.  The third party may not be  obliged  to  withhold
31        the payment of any moneys beyond double the amount of the
32        balance  due  sought  to  be  enforced  by  the  judgment
33        creditor.   The  court  may punish any party who violates
34        the restraining provision of a  citation  as  and  for  a
 
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 1        contempt,  or  if  the  party  is a third party may enter
 2        judgment against him or her in the amount of  the  unpaid
 3        portion  of  the  judgment and costs allowable under this
 4        Section, or in the amount of the value  of  the  property
 5        transferred, whichever is lesser.
 6             (2)  The court may enjoin any person, whether or not
 7        a  party  to the supplementary proceeding, from making or
 8        allowing  any  transfer  or  other  disposition  of,   or
 9        interference  with,  the  property of the judgment debtor
10        not  exempt  from  the  enforcement  of  a  judgment,   a
11        deduction  order  or garnishment, or the property or debt
12        not so exempt concerning which any person is required  to
13        attend  and  be  examined  until further direction in the
14        premises.  The injunction order shall  remain  in  effect
15        until  vacated  by  the  court or until the proceeding is
16        terminated, whichever first occurs.
17        (g)  If it appears that any property,  chose  in  action,
18    credit  or  effect  discovered,  or  any interest therein, is
19    claimed by any person, the court  shall,  as  in  garnishment
20    proceedings,  permit  or  require  the claimant to appear and
21    maintain his or her right.  The rights of  the  person  cited
22    and  the rights of any adverse claimant shall be asserted and
23    determined  pursuant  to  the  law  relating  to  garnishment
24    proceedings.
25        (h)  Costs in  proceedings  authorized  by  this  Section
26    shall be allowed, assessed and paid in accordance with rules,
27    provided  that  if  the  court determines, in its discretion,
28    that costs incurred by the judgment creditor were  improperly
29    incurred, those costs shall be paid by the judgment creditor.
30        (i)  This  Section  is in addition to and does not affect
31    enforcement  of  judgments   or   proceedings   supplementary
32    thereto,  by  any  other methods now or hereafter provided by
33    law.
34        (j)  This Section does not grant the power to  any  court
 
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 1    to  order  installment  or other payments from, or compel the
 2    sale, delivery, surrender, assignment or  conveyance  of  any
 3    property exempt by statute from the enforcement of a judgment
 4    thereon,   a   deduction   order,   garnishment,  attachment,
 5    sequestration, process or other levy or seizure.
 6        (k)  (Blank).
 7        (l)  At any citation hearing at which the judgment debtor
 8    appears and seeks a declaration that certain of  his  or  her
 9    income  or  assets  are  exempt,  the  court shall proceed to
10    determine whether the  property  which  the  judgment  debtor
11    declares  to  be exempt is exempt from judgment.  At any time
12    before  the  return  date  specified  on  the  citation,  the
13    judgment debtor may request, in writing, a hearing to declare
14    exempt certain income and assets by notifying  the  clerk  of
15    the court before that time, using forms as may be provided by
16    the clerk of the court.  The clerk of the court will obtain a
17    prompt  hearing  date  from  the  court  and will provide the
18    necessary forms that must be prepared by the judgment  debtor
19    or  the  attorney  for  the  judgment  debtor and sent to the
20    judgment  creditor,  or  the  judgment  creditor's  attorney,
21    regarding the time and location of the hearing.  This  notice
22    may be sent by regular first class mail.  At the hearing, the
23    court shall immediately, unless for good cause shown that the
24    hearing  is  to  be  continued,  shall  proceed  to determine
25    whether the property which the judgment debtor declares to be
26    exempt is exempt from judgment.  The  restraining  provisions
27    of  subsection (f) shall not apply to any property determined
28    by the court to be exempt.
29        (m)   The judgment or balance due on the judgment becomes
30    a  lien  when  a  citation  is  served  in  accordance   with
31    subsection  (a)  of  this  Section.  The lien binds nonexempt
32    personal property, including money,  choses  in  action,  and
33    effects of the judgment debtor as follows:
34             (1)  When  the  citation  is  directed  against  the
 
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 1        judgment  debtor, upon all personal property belonging to
 2        the judgment debtor in the possession or control  of  the
 3        judgment  debtor  or  which may thereafter be acquired or
 4        come due to the  judgment  debtor  to  the  time  of  the
 5        disposition of the citation.
 6             (2)  When  the  citation is directed against a third
 7        party,  upon  all  personal  property  belonging  to  the
 8        judgment debtor in the possession or control of the third
 9        party or which thereafter may be acquired or come due the
10        judgment debtor and comes into the possession or  control
11        of  the third party to the time of the disposition of the
12        citation.
13        The lien established under this Section does  not  affect
14    the  rights  of citation respondents in property prior to the
15    service of the citation upon them and  does  not  affect  the
16    rights  of  bona fide purchasers or lenders without notice of
17    the citation. The lien is effective for the period  specified
18    by Supreme Court Rule.
19        This  subsection  (m), as added by Public Act 88-48, is a
20    declaration of existing law.
21        (n)  If any provision of this Act or its  application  to
22    any person or circumstance is held invalid, the invalidity of
23    that  provision or application does not affect the provisions
24    or applications of the Act that can be given  effect  without
25    the invalid provision or application.
26    (Source:  P.A.  88-48;  88-299; 88-667, eff. 9-16-94; 88-670,
27    eff. 12-2-94; 89-364, eff. 1-1-96.)

28        (735 ILCS 5/12-901) (from Ch. 110, par. 12-901)
29        Sec. 12-901.  Amount.  Every individual is entitled to an
30    estate of homestead to the extent in value of $15,000  $7,500
31    of his or her interest in a farm or lot of land and buildings
32    thereon,  a  condominium,  or  personal  property,  owned  or
33    rightly  possessed  by lease or otherwise and occupied by him
 
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 1    or her as a residence, or in a cooperative that owns property
 2    that the individual uses as a residence.  That homestead  and
 3    all  right  in  and  title  to  that homestead is exempt from
 4    attachment, judgment, levy, or judgment sale for the  payment
 5    of  his  or  her debts or other purposes and from the laws of
 6    conveyance, descent, and legacy, except as provided  in  this
 7    Code  or  in  Section  20-6  of the Probate Act of 1975. This
 8    Section is not applicable between joint tenants or tenants in
 9    common but it is applicable as  to  any  creditors  of  those
10    persons. If 2 or more individuals own property that is exempt
11    as a homestead, the value of the exemption of each individual
12    may  not  exceed  his  or  her proportionate share of $30,000
13    $15,000 based upon percentage of ownership.
14    (Source: P.A. 88-672, eff. 12-14-94.)

15        (735 ILCS 5/12-904) (from Ch. 110, par. 12-904)
16        Sec. 12-904. Release, waiver or conveyance.  No  release,
17    waiver  or  conveyance  of  the  estate  so exempted shall be
18    valid,  unless  the  same  is  in  writing,  signed  by   the
19    individual  and  his or her spouse, if he or she have one, or
20    possession is abandoned or given pursuant to the  conveyance;
21    or  if  the  exception  is  continued  to a child or children
22    without the order of a court directing a release thereof; but
23    if a conveyance is made by an individual as grantor to his or
24    her spouse, such conveyance shall be effectual  to  pass  the
25    title  expressed  therein  to be conveyed thereby, whether or
26    not the grantor in such conveyance is joined therein  by  his
27    or  her  spouse.  In  any  case where such release, waiver or
28    conveyance is taken by way of mortgage or security, the  same
29    shall  only  be operative as to such specific release, waiver
30    or conveyance; and when the same includes different pieces of
31    land, or the homestead  is  of  greater  value  than  $15,000
32    $7,500,  the other lands shall first be sold before resorting
33    to the homestead, and in case of the sale of such  homestead,
 
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 1    if  any  balance  remains  after  the payment of the debt and
 2    costs, such balance shall, to the extent of $15,000 $7,500 be
 3    exempt, and be applied upon such homestead exemption  in  the
 4    manner provided by law.
 5    (Source: P.A. 82-783.)

 6        (735 ILCS 5/12-906) (from Ch. 110, par. 12-906)
 7        Sec.  12-906.   Proceeds  of  sale.   When a homestead is
 8    conveyed by the owner  thereof,  such  conveyance  shall  not
 9    subject  the  premises to any lien or incumbrance to which it
10    would not be subject in the possession of such owner; and the
11    proceeds thereof, to the extent  of  the  amount  of  $15,000
12    $7,500,  shall  be exempt from judgment or other process, for
13    one year after the receipt thereof, by the person entitled to
14    the exemption, and if reinvested  in  a  homestead  the  same
15    shall  be  entitled  to  the  same  exemption as the original
16    homestead.
17    (Source: P.A. 82-783.)

18        (735 ILCS 5/12-909) (from Ch. 110, par. 12-909)
19        Sec. 12-909.  Bid for less than exempted amount.  No sale
20    shall be made of the  premises  on  such  judgment  unless  a
21    greater sum than $15,000 $7,500 is bid therefor. If a greater
22    sum is not so bid, the judgment may be set aside or modified,
23    or  the  enforcement of the judgment released, as for lack of
24    property.
25    (Source: P.A. 82-783.)

26        (735 ILCS 5/12-910) (from Ch. 110, par. 12-910)
27        Sec. 12-910. Proceedings to enforce judgment.  If in  the
28    opinion  of  the judgment creditors, or the officer holding a
29    certified copy of a judgment  for  enforcement  against  such
30    individuals, the premises claimed by him or her as exempt are
31    worth  more  than $15,000 $7,500, such officer shall summon 3
 
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 1    individuals, as commissioners, who shall, upon  oath,  to  be
 2    administered  to  them by the officer, appraise the premises,
 3    and if, in their opinion, the property may be divided without
 4    damage to the interest of the parties, they shall set off  so
 5    much  of  the  premises,  including the dwelling house, as in
 6    their opinion is worth $15,000 $7,500, and the residue of the
 7    premises may be advertised and sold  by  such  officer.  Each
 8    commissioner shall receive for his or her services the sum of
 9    $5  per day for each day necessarily engaged in such service.
10    The officer summoning such commissioners shall  receive  such
11    fees  as  may  be  allowed  for serving summons, but shall be
12    entitled to charge  mileage  for  only  the  actual  distance
13    traveled  from the premises to be appraised, to the residence
14    of the commissioners  summoned.  The  officer  shall  not  be
15    required to summon commissioners until the judgment creditor,
16    or  some one for him or her, shall advance to the officer one
17    day's fees for the commissioners,  and  unless  the  creditor
18    shall  advance such fees the officer shall not be required to
19    enforce the judgment. The costs of  such  appraisement  shall
20    not   be  taxed  against  the  judgment  debtor  unless  such
21    appraisement shows that  the  judgment  debtor  has  property
22    subject to such judgment.
23    (Source: P.A. 83-707.)

24        (735 ILCS 5/12-911) (from Ch. 110, par. 12-911)
25        Sec.  12-911.  Notice  to  judgment  debtor.  In case the
26    value  of  the  premises  is,   in   the   opinion   of   the
27    commissioners,  more  than  $15,000  $7,500,  and  cannot  be
28    divided  as  is  provided  for in Section 12-910 of this Act,
29    they shall make and sign an appraisal of the  value  thereof,
30    and deliver the same to the officer, who shall deliver a copy
31    thereof  to the judgment debtor, or to some one of the family
32    of the age of 13 years or  upwards,  with  a  notice  thereto
33    attached that unless the judgment debtor pays to such officer
 
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 1    the  surplus  over and above $15,000 $7,500 on the amount due
 2    on the judgment within 60 days thereafter, such premises will
 3    be sold.
 4    (Source: P.A. 83-356.)

 5        (735 ILCS 5/12-912) (from Ch. 110, par. 12-912)
 6        Sec. 12-912. Sale of premises - Distribution of proceeds.
 7    In case of such surplus, or the amount due on the judgment is
 8    not paid within the 60 days, the officer  may  advertise  and
 9    sell  the  premises, and out of the proceeds of such sale pay
10    to such judgment debtor the sum of $15,000 $7,500, and  apply
11    the balance on the judgment.
12    (Source: P.A. 82-783.)

13        (735 ILCS 5/12-1001) (from Ch. 110, par. 12-1001)
14        Sec.  12-1001.   Personal property exempt.  The following
15    personal property,  owned  by  the  debtor,  is  exempt  from
16    judgment, attachment, or distress for rent:
17             (a)  The  necessary  wearing  apparel, bible, school
18        books, and family pictures of the debtor and the debtor's
19        dependents;
20             (b)  The debtor's equity  interest,  not  to  exceed
21        $4,000 $2,000 in value, in any other property;
22             (c)  The  debtor's  interest,  not  to exceed $2,400
23        $1,200 in value, in any one motor vehicle;
24             (d)  The debtor's equity  interest,  not  to  exceed
25        $1,500  $750  in  value,  in any implements, professional
26        books, or tools of the trade of the debtor;
27             (e)  Professionally prescribed health aids  for  the
28        debtor or a dependent of the debtor;
29             (f)  All  proceeds  payable  because of the death of
30        the insured and the aggregate net cash value  of  any  or
31        all  life  insurance  and  endowment policies and annuity
32        contracts payable to a wife or husband of the insured, or
 
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 1        to a child, parent, or other person  dependent  upon  the
 2        insured,  whether  the power to change the beneficiary is
 3        reserved to the insured or not and whether the insured or
 4        the insured's estate is a contingent beneficiary or not;
 5             (g)  The debtor's right to receive:
 6                  (1)  a social  security  benefit,  unemployment
 7             compensation, or public assistance benefit;
 8                  (2)  a veteran's benefit;
 9                  (3)  a  disability,  illness,  or  unemployment
10             benefit; and
11                  (4)  alimony, support, or separate maintenance,
12             to  the  extent reasonably necessary for the support
13             of the debtor and any dependent of the debtor.
14             (h)  The debtor's right to receive, or property that
15        is traceable to:
16                  (1)  an award under a crime victim's reparation
17             law;
18                  (2)  a payment on account of the wrongful death
19             of an individual of whom the debtor was a dependent,
20             to the extent reasonably necessary for  the  support
21             of the debtor;
22                  (3)  a  payment under a life insurance contract
23             that insured the life of an individual of  whom  the
24             debtor  was  a  dependent,  to the extent reasonably
25             necessary  for  the  support  of  the  debtor  or  a
26             dependent of the debtor;
27                  (4)  a payment, not to exceed $15,000 $7,500 in
28             value, on account of personal bodily injury  of  the
29             debtor  or  an  individual  of whom the debtor was a
30             dependent; and
31                  (5)  any restitution payments made  to  persons
32             pursuant  to the federal Civil Liberties Act of 1988
33             and the Aleutian  and  Pribilof  Island  Restitution
34             Act, P.L. 100-383.
 
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 1             For  purposes  of  this  subsection  (h), a debtor's
 2        right to receive an award or payment shall be exempt  for
 3        a  maximum of 2 years after the debtor's right to receive
 4        the award or payment accrues; property  traceable  to  an
 5        award or payment shall be exempt for a maximum of 5 years
 6        after  the  award  or  payment  accrues;  and an award or
 7        payment and property traceable to  an  award  or  payment
 8        shall  be  exempt only to the extent of the amount of the
 9        award or payment, without interest or  appreciation  from
10        the date of the award or payment.
11             (i)  The  debtor's  right  to receive an award under
12        Part 20 of Article II of  this  Code  relating  to  crime
13        victims' awards.
14        Money  due  the  debtor  from  the  sale  of any personal
15    property  that  was  exempt  from  judgment,  attachment,  or
16    distress for rent at the time of  the  sale  is  exempt  from
17    attachment  and  garnishment  to  the  same  extent  that the
18    property would be exempt had the same not been  sold  by  the
19    debtor.
20        If  a  debtor owns property exempt under this Section and
21    he  or  she  purchased  that  property  with  the  intent  of
22    converting nonexempt property  into  exempt  property  or  in
23    fraud  of  his  or  her creditors, that property shall not be
24    exempt from  judgment,  attachment,  or  distress  for  rent.
25    Property  acquired  within  6  months  of  the  filing of the
26    petition for  bankruptcy  shall  be  presumed  to  have  been
27    acquired in contemplation of bankruptcy.
28        The  personal  property  exemptions  set  forth  in  this
29    Section  shall apply only to individuals and only to personal
30    property that is  used  for  personal  rather  than  business
31    purposes.  The personal property exemptions set forth in this
32    Section shall not apply to or be allowed against  any  money,
33    salary,  or wages due or to become due to the debtor that are
34    required to be withheld in a wage deduction proceeding  under
 
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 1    Part 8 of this Article XII.
 2    (Source: P.A. 88-378; 89-686, eff. 12-31-96.)

 3        Section  99.   Effective  date.  This Act takes effect on
 4    January 1, 2004.