HB4196 96TH GENERAL ASSEMBLY

LRB096 05712 AJO 22591 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4196

Introduced 2/27/2009, by Rep. Robert W. Pritchard

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-418 new

Amends the Code of Civil Procedure. Provides that, in addition to any rights and obligations provided under the federal Servicemembers Civil Relief Act, a creditor shall suspend and defer activity in an action against a defendant who is a person on active military duty stationed out of State. Provides that, whenever it is determined in a proceeding brought by a creditor that the defendant is a person on active military duty stationed out of State, the court must stay the proceedings until after the person is discharged from active duty or after the person, although on active duty, is no longer stationed out of State. Defines "person on active military duty" as a person who is currently serving on active duty as a member of the Armed Forces of the United States, the Illinois National Guard, or any reserve component of the Armed Forces of the United States.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Code of Civil Procedure is amended by adding Section 2-418 as follows:

(735 ILCS 5/2-418 new)

Sec. 2-418. Creditor action; active out of State military duty.

(a) In addition to any rights and obligations provided under the federal Servicemembers Civil Relief Act, a creditor shall suspend and defer activity in an action against a defendant who is a person on active military duty stationed out of State.

(b) Whenever it is determined in a proceeding brought by a creditor that the defendant is a person on active military duty stationed out of State, the court must stay the proceedings until:

(1) after the person is discharged from active military duty; or

(2) after the person, although remaining on active military duty, is no longer stationed out of State.

(c) As used in this Section, "person on active military duty" means a person who is currently serving on active duty as a member of the Armed Forces of the United States, the Illinois National Guard, or any reserve component of the Armed Forces of the United States.