State of Illinois
91st General Assembly
Legislation

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91_HB3809

 
                                               LRB9112384WHcs

 1        AN  ACT  to amend the Code of Civil Procedure by changing
 2    Section 2-101.

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

 5        Section  5.   The  Code  of Civil Procedure is amended by
 6    changing Section 2-101 as follows:

 7        (735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
 8        Sec. 2-101.  Generally. Except as otherwise  provided  in
 9    this Act, every action must be commenced (1) in the county of
10    residence  of  any  defendant who is joined in good faith and
11    with probable cause for the purpose of obtaining  a  judgment
12    against  him  or her and not solely for the purpose of fixing
13    venue in that county, or (2)  in  the  county  in  which  the
14    transaction  or  some  part thereof occurred out of which the
15    cause of action arose.
16        If a check, draft, money order, or other  instrument  for
17    the  payment  of child support payable to or delivered to the
18    State Disbursement Unit established under  Section  10-26  of
19    the  Illinois  Public  Aid  Code  is  returned by the bank or
20    depository for any reason, venue for the enforcement  of  any
21    criminal  proceedings  or  civil cause of action for recovery
22    and attorney fees shall be in the county where the  principal
23    office of the State Disbursement Unit is located.
24        If  all  defendants  are  nonresidents  of  the State, an
25    action may be commenced in any county.
26        If the corporate limits of a city, village or town extend
27    into more than one county, then the venue  of  an  action  or
28    proceeding  instituted  by  that  municipality to enforce any
29    fine, imprisonment, penalty or forfeiture  for  violation  of
30    any  ordinance of that municipality, regardless of the county
31    in which the violation was committed or occurred, may  be  in
 
                            -2-                LRB9112384WHcs
 1    the  appropriate court (i) in the county in which wherein the
 2    office of the clerk of the municipality is located or (ii) in
 3    any county in which at least 35% of the territory within  the
 4    municipality's corporate limits is located.
 5    (Source: P.A. 91-212, eff. 7-20-99.)

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