96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1266


 
Introduced 2/18/2009, by Rep. Jack D. Franks
 
SYNOPSIS AS INTRODUCED:
 		







  



735 ILCS 5/2-101
  from Ch. 110, par. 2-101








    Amends the Code of Civil Procedure. Makes a technical change in provisions
concerning venue.
















LRB096 10244 AJO 20412 b

















 


 


A BILL FOR









 











HB1266

LRB096 10244 AJO 20412 b






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    AN ACT concerning civil law.

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

 
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    Section 5. The Code of Civil Procedure is amended by 
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changing Section 2-101 as follows:
 



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    (735 ILCS 5/2-101)  (from Ch. 110, par. 2-101)



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    Sec. 2-101. Generally. Except as otherwise provided in this 
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Act, every action must be
commenced (1) in the
the county of 
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residence of any defendant who is joined
in good faith and with 
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probable cause for the purpose of obtaining a
judgment against 
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him or her and not solely for the purpose of fixing venue in

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that county, or (2) in the county in which the transaction or 
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some part
thereof occurred out of which the cause of action 
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arose.
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    If a check, draft, money order, or other instrument for the 
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payment of
child support payable to or delivered to the State 
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Disbursement Unit
established under Section 10-26 of the 
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Illinois Public Aid Code is returned by
the bank or depository 
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for any reason, venue for the enforcement of any
criminal 
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proceedings or civil cause of action for recovery and attorney 
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fees
shall be in the county where the principal office of the 
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State Disbursement
Unit is located.

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    If all defendants are nonresidents of the State, an action 
 


 






HB1266
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LRB096 10244 AJO 20412 b




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may be
commenced in any county.

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    If the corporate limits of a city, village or town extend 
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into more
than one county, then the venue of an action or 
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proceeding
instituted by that
municipality to enforce any fine, 
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imprisonment, penalty or forfeiture
for violation of any 
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ordinance of that municipality,
regardless of the county in 
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which the violation was committed or occurred, may
be in the 
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appropriate court (i) in the county
wherein the office of the 
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clerk of the municipality is located
or (ii) in any county
in 
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which at least 35% of the territory within the municipality's 
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corporate
limits is located.

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(Source: P.A. 91-212, eff. 7-20-99.)