State of Illinois
92^nd General Assembly
Legislation

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92_SB1306eng

 
SB1306 Engrossed                               LRB9202854DJgc

 1        AN ACT in relation to civil procedure.

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

 4        Section  5.  The  Code  of  Civil Procedure is amended by
 5    changing Section 12-803 as follows:

 6        (735 ILCS 5/12-803) (from Ch. 110, par. 12-803)
 7        Sec. 12-803.  Maximum wages subject to collection.
 8        (a)  This subsection (a) does not apply to an order for a
 9    deduction  from  the  wages  paid  by   the   Department   of
10    Corrections  to a person committed to the Department to which
11    subsection  (b)  applies.    The   maximum   wages,   salary,
12    commissions   and  bonuses  subject  to  collection  under  a
13    deduction order, for any  work  week  shall  not  exceed  the
14    lesser  of  (1)   15% of such gross amount paid for that week
15    or (2) the amount by which disposable  earnings  for  a  week
16    exceed 45 times the Federal Minimum Hourly Wage prescribed by
17    Section  206(a)(1)  of Title 29 of the United States Code, as
18    amended, in effect at the time the amounts are payable.  This
19    provision (and no other) applies irrespective  of  the  place
20    where  the  compensation  was earned or payable and the State
21    where the employee resides.   No amounts required by  law  to
22    be  withheld  may  be  taken from the amount collected by the
23    creditor. The term "disposable earnings" means that  part  of
24    the  earnings of any individual remaining after the deduction
25    from those earnings of any amounts  required  by  law  to  be
26    withheld.
27        (b)  This  subsection  (b) applies only to an order for a
28    deduction  from  the  wages  paid  by   the   Department   of
29    Corrections  to  an  individual  committed to the Department.
30    The maximum wages of such an individual subject to collection
31    under a deduction order entered for the purpose of collecting
 
SB1306 Engrossed            -2-                LRB9202854DJgc
 1    the costs of the individual's prosecution and the  amount  of
 2    any  fine  or restitution imposed by the court may not exceed
 3    50% of the gross wages paid by the Department of  Corrections
 4    to the individual.
 5    (Source: P.A. 87-569.)

 6        Section  99.  Effective date.  This Act takes effect upon
 7    becoming law.

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