Sen. Jason A. Barickman
Filed: 4/15/2013
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 2043




2    AMENDMENT NO. ______. Amend Senate Bill 2043 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Code of Civil Procedure is amended  by 
5changing Section 5-120 as follows:
 



6    (735 ILCS 5/5-120)  (from Ch. 110, par. 5-120)



7    Sec. 5-120. Affirmance or reversal on appeal. 
8    (a) If any person takes
an appeal to review the judgment
of 
9any other court, and the judgment is affirmed or the appeal is

10dismissed, the appellee shall recover costs, which may be 
11collected in the
same manner as judgments for the payment of 
12money are enforced;
and if the judgment is reversed, the 
13appellant shall recover
costs, which may be collected in the 
14same manner as judgments for the payment
of money are enforced.

15    (b) In any successful appeal under Article III of this Code 
16of an adverse decision by a unit of local government, the court 
 
 
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1shall award the plaintiff all reasonable costs, including court 
2costs and attorney's fees, associated with the appeal.  In cases 
3in which the court finds that the decision by the unit of local 
4government was clearly erroneous or that the plaintiff's rights 
5to due process were abridged, the court may award the plaintiff 
6all reasonable costs associated with the entire case dating 
7back to the inception of the administrative proceeding.
8(Source: P.A. 82-280.)".