97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0946
 
Introduced 01/31/11, by Rep. Michael J. Madigan
 
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.



LRB097 03765 AJO 43802 b

 
 
A BILL FOR
 


HB0946LRB097 03765 AJO 43802 b



1    AN ACT concerning civil law.

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

 
4    Section 5. The Code of Civil Procedure is amended by 
5changing 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 
8Act, every action must be
commenced (1) in the
the county of 
9residence of any defendant who is joined
in good faith and with 
10probable cause for the purpose of obtaining a
judgment against 
11him or her and not solely for the purpose of fixing venue in

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

23    If all defendants are nonresidents of the State, an action 
 
 
HB0946- 2 -LRB097 03765 AJO 43802 b

1may be
commenced in any county.

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

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