State of Illinois
92nd General Assembly

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 1        AN ACT in relation to homeless persons.

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

 4        Section  5.   The  Shelter  Residents  Protection  Act is
 5    amended by changing Section 5 as follows:

 6        (310 ILCS 80/5)
 7        Sec. 5.  Homeless persons; savings.
 8        (a)  If a homeless person  resides  at  a  shelter,  that
 9    person  may  open  a  passbook  savings  account at a bank or
10    savings and loan  association  subject  to  the  requirements
11    imposed  by the bank or savings and loan association.  In the
12    alternative, the homeless person may  enter  into  a  written
13    agreement  with  the  shelter in which he or she resides; the
14    agreement may provide that the shelter will accept  and  hold
15    moneys  belonging  to  the  homeless  person.   Under such an
16    agreement, the shelter must shall do the following:
17             (1)  Place the  moneys  in  a  non-interest  bearing
18        account  for  the  homeless  person,  at  no cost to that
19        person.
20             (2)  Segregate, from all other  moneys  or  accounts
21        held  or  maintained by the shelter, moneys accepted from
22        and held for homeless persons.
23             (3)  Maintain, separately for each  homeless  person
24        with  whom  an  agreement  is made under this Section, an
25        accurate accounting of the  moneys  accepted  from,  held
26        for,  and  withdrawn  by  that  person.   Upon a homeless
27        person's request, the shelter shall provide a copy of the
28        accounting concerning that person's moneys.
29             (4)  Pay to the homeless  person,  within  48  hours
30        after  the  person's  request, the amount of the person's
31        moneys held by the shelter or any lesser amount requested
                            -2-                LRB9207399DJmb
 1        by the homeless person.
 2        (b)  Money held by a shelter under this Section shall not
 3    be subject to assignment, attachment,  garnishment,  set-off,
 4    or other process in aid of creditors.
 5        (c)  For  purposes  of  this  Section,  "homeless person"
 6    means either of the following:
 7             (1)  An individual who lacks a fixed,  regular,  and
 8        adequate nighttime residence; or
 9             (2)  An  individual  who  has  a  primary  nighttime
10        residence that is any of the following:
11                  (A)  A   supervised   publicly   or   privately
12             operated   shelter  designed  to  provide  temporary
13             living  accommodations  (including  welfare  hotels,
14             congregate shelters, and  transitional  housing  for
15             the mentally ill).
16                  (B)  An  institution  that provides a temporary
17             residence   for   individuals   intended    to    be
18             institutionalized.
19                  (C)  A  public  or  private  place not designed
20             for, or  ordinarily  used  as,  a  regular  sleeping
21             accommodation for human beings.
22    (Source: P.A. 87-1093.)

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