Bill Status of HB 5434   97th General Assembly

Short Description:  CIVIL LAW-TECH

House Sponsors
Rep. Ann Williams-Brandon W. Phelps-Eddie Lee Jackson, Sr.-Sidney H. Mathias-Elizabeth Hernandez, Kelly Burke, Jerry F. Costello, II, Dennis M. Reboletti, Daniel Biss, Cynthia Soto, Greg Harris, Arthur Turner, William Davis, Michael J. Zalewski, Kent Gaffney, Patrick J. Verschoore and Lisa M. Dugan

Senate Sponsors
(Sen. William R. Haine)


Last Action  View All Actions

DateChamber Action
  7/25/2012HousePublic Act . . . . . . . . . 97-0848

Statutes Amended In Order of Appearance
735 ILCS 5/5-101from Ch. 110, par. 5-101

Synopsis As Introduced
Amends the Code of Civil Procedure. Makes a technical change in a Section concerning security for costs.

House Floor Amendment No. 2
Deletes reference to:
735 ILCS 5/5-101
Adds reference to:
735 ILCS 5/2-1402from Ch. 110, par. 2-1402
735 ILCS 5/12-107.5 new

Replaces everything after the enacting clause. Amends the Code of Civil Procedure. In provisions concerning a supplementary proceeding and a citation to discover assets and income, creates an Income and Asset Form which requests information from a judgment debtor who is a natural person about the judgment debtor's identity, employment, other income, real estate, personal property, bank accounts, vehicles, and other related information. Provides that the form states that a judgment debtor who has been served with a citation should complete the form and bring it, pay stubs, and account statements to the hearing on the citation. Provides that a judgment debtor who is a natural person shall be served with a citation, citation notice, and the form by personal or abode service. Adds the following provisions regarding orders of body attachment: no order of body attachment or other civil order for the incarceration or detention of an individual to answer for a charge of indirect civil contempt shall issue unless the respondent has first had an opportunity, after personal service or abode service of notice, to appear in court; the notice shall be an order to show cause; any body attachment order expires one year after the date of issue; absent good cause, the first order directed to a respondent shall be in the nature of a recognizance bond of no more than $1,000; and upon discharge of a bond secured by the posting of funds, the funds shall be returned to the respondent or other party posting the bond, unless the court determines that the judgment debtor willfully refused to comply with an order and part of the funds are non-exempt funds of the judgment debtor. Effective immediately.

Senate Committee Amendment No. 2
Replaces everything after the enacting clause with provisions of the enrolled bill, except that it: provides that a citation to discover assets served upon a judgment debtor who is a natural person shall be served pursuant to Supreme Court Rule (instead pursuant to a specified statute); provides that the Income and Asset form served shall be substantially like the form included in the bill (instead of shall use the included form); provides that supplementary proceedings may proceed notwithstanding an absent or incomplete Income and Asset form; provides that no payment order shall be issued to a debtor who is a natural person unless the Income and Asset form was served on the debtor, the debtor has an opportunity to assert exemptions, and the payments are from non-exempt sources; and adds that upon the discharge of any bond secured by funds, the funds shall be returned to the debtor or other party posting the bond, less applicable fees, unless the court determines that the bond money belongs to the debtor and not a third party. Effective immediately.

Senate Floor Amendment No. 3
Further amends the Code of Civil Procedure. Provides that the restrictions on the process applicable to a citation to discover assets served on a judgment debtor who is a natural person do not apply to any order or judgment resulting from an adjudication of a municipal ordinance violation that is subject to Supreme Court Rules concerning non-traffic and non-conservation ordinance proceedings, or from an administrative adjudication of such an ordinance violation. Provides that any requirements or limitations concerning a body attachment order do not apply to the enforcement of any order or judgment resulting from an adjudication of a municipal ordinance violation that is subject to the same Supreme Court Rules, or from an administrative adjudication of such an ordinance violation.

Actions 
DateChamber Action
  2/9/2012HouseFiled with the Clerk by Rep. Ann Williams
  2/15/2012HouseFirst Reading
  2/15/2012HouseReferred to Rules Committee
  3/6/2012HouseAssigned to Judiciary I - Civil Law Committee
  3/6/2012HouseMotion Filed to Suspend Rule 25 Judiciary I - Civil Law Committee; Rep. Barbara Flynn Currie
  3/6/2012HouseMotion to Suspend Rule 25 - Prevailed by Voice Vote
  3/7/2012HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 007-003-000
  3/7/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/7/2012HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Ann Williams
  3/7/2012HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/7/2012HouseAdded Chief Co-Sponsor Rep. Brandon W. Phelps
  3/7/2012HouseAdded Chief Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  3/7/2012HouseAdded Chief Co-Sponsor Rep. Sidney H. Mathias
  3/7/2012HouseAdded Chief Co-Sponsor Rep. Elizabeth Hernandez
  3/21/2012HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  3/26/2012HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Ann Williams
  3/26/2012HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/27/2012HouseSecond Reading - Short Debate
  3/27/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  3/28/2012HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  3/29/2012HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 011-000-000
  3/29/2012HouseAdded Co-Sponsor Rep. Kelly Burke
  3/29/2012HouseAdded Co-Sponsor Rep. Jerry F. Costello, II
  3/29/2012HouseAdded Co-Sponsor Rep. Dennis M. Reboletti
  3/29/2012HouseAdded Co-Sponsor Rep. Daniel Biss
  3/29/2012HouseAdded Co-Sponsor Rep. Cynthia Soto
  3/29/2012HouseAdded Co-Sponsor Rep. Greg Harris
  3/29/2012HouseAdded Co-Sponsor Rep. Arthur Turner
  3/29/2012HouseAdded Co-Sponsor Rep. William Davis
  3/29/2012HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  3/29/2012HouseAdded Co-Sponsor Rep. Kent Gaffney
  3/29/2012HouseAdded Co-Sponsor Rep. Patrick J. Verschoore
  3/29/2012HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  3/29/2012HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  3/29/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/29/2012HouseThird Reading - Short Debate - Passed 107-000-001
  3/29/2012HouseHouse Floor Amendment No. 1 Tabled Pursuant to Rule 40
  3/30/2012SenateArrive in Senate
  3/30/2012SenatePlaced on Calendar Order of First Reading
  3/30/2012SenateChief Senate Sponsor Sen. William R. Haine
  3/30/2012SenateFirst Reading
  3/30/2012SenateReferred to Assignments
  4/11/2012SenateAssigned to Judiciary
  4/18/2012SenatePostponed - Judiciary
  4/24/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine
  4/24/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/24/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  4/25/2012SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  4/25/2012SenatePostponed - Judiciary
  4/26/2012SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. William R. Haine
  4/26/2012SenateSenate Committee Amendment No. 2 Referred to Assignments
  5/1/2012SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary
  5/1/2012SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  5/1/2012SenateSenate Committee Amendment No. 2 Adopted
  5/1/2012SenateDo Pass as Amended Judiciary; 011-000-000
  5/1/2012SenatePlaced on Calendar Order of 2nd Reading May 2, 2012
  5/4/2012SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
  5/10/2012SenateSecond Reading
  5/10/2012SenatePlaced on Calendar Order of 3rd Reading May 15, 2012
  5/14/2012SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. William R. Haine
  5/14/2012SenateSenate Floor Amendment No. 3 Referred to Assignments
  5/15/2012SenateSenate Floor Amendment No. 3 Assignments Refers to Judiciary
  5/16/2012SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 006-000-000
  5/22/2012SenateRecalled to Second Reading
  5/22/2012SenateSenate Floor Amendment No. 3 Adopted; Haine
  5/22/2012SenatePlaced on Calendar Order of 3rd Reading
  5/22/2012SenateThird Reading - Passed; 057-000-000
  5/22/2012SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/22/2012HouseArrived in House
  5/22/2012HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2, 3
  5/22/2012HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Ann Williams
  5/22/2012HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Ann Williams
  5/22/2012HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/22/2012HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/28/2012HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/28/2012HouseSenate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/30/2012HouseSenate Committee Amendment No. 2 House Concurs 117-000-000
  5/30/2012HouseSenate Floor Amendment No. 3 House Concurs 117-000-000
  5/30/2012HousePassed Both Houses
  6/28/2012HouseSent to the Governor
  7/25/2012HouseGovernor Approved
  7/25/2012HouseEffective Date July 25, 2012
  7/25/2012HousePublic Act . . . . . . . . . 97-0848

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