96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3121


 
Introduced 2/24/2009, by Rep. Tom Cross
 
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 05929 AJO 16010 b

















 


 


A BILL FOR









 











HB3121

LRB096 05929 AJO 16010 b






1
    AN ACT concerning civil law.

 
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 Section 2-101 as follows:
 



6
    (735 ILCS 5/2-101)  (from Ch. 110, par. 2-101)



7
    Sec. 2-101. Generally. Except as otherwise provided in this 
8
Act, every action must be
commenced (1) in the
the county of 
9
residence of any defendant who is joined
in good faith and with 
10
probable cause for the purpose of obtaining a
judgment against 
11
him or her and not solely for the purpose of fixing venue in

12
that county, or (2) in the county in which the transaction or 
13
some part
thereof occurred out of which the cause of action 
14
arose.
15
    If a check, draft, money order, or other instrument for the 
16
payment of
child support payable to or delivered to the State 
17
Disbursement Unit
established under Section 10-26 of the 
18
Illinois Public Aid Code is returned by
the bank or depository 
19
for any reason, venue for the enforcement of any
criminal 
20
proceedings or civil cause of action for recovery and attorney 
21
fees
shall be in the county where the principal office of the 
22
State Disbursement
Unit is located.

23
    If all defendants are nonresidents of the State, an action 
 


 






HB3121
- 2 -
LRB096 05929 AJO 16010 b




1
may be
commenced in any county.

2
    If the corporate limits of a city, village or town extend 
3
into more
than one county, then the venue of an action or 
4
proceeding
instituted by that
municipality to enforce any fine, 
5
imprisonment, penalty or forfeiture
for violation of any 
6
ordinance of that municipality,
regardless of the county in 
7
which the violation was committed or occurred, may
be in the 
8
appropriate court (i) in the county
wherein the office of the 
9
clerk of the municipality is located
or (ii) in any county
in 
10
which at least 35% of the territory within the municipality's 
11
corporate
limits is located.

12
(Source: P.A. 91-212, eff. 7-20-99.)