Illinois General Assembly - Full Text of Public Act 098-0417

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Public Act 098-0417

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Public Act 0417 98TH GENERAL ASSEMBLY

Public Act 098-0417

HB2473 Enrolled LRB098 05215 HEP 35247 b

    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
changing Section 12-107.5 as follows:

    (735 ILCS 5/12-107.5)
    Sec. 12-107.5. Body attachment order.
    (a) No order of body attachment or other civil order for
the incarceration or detention of a natural person respondent
to answer for a charge of indirect civil contempt shall issue
unless the respondent has first had an opportunity, after
personal service or abode service of notice as provided in
Supreme Court Rule 105, to appear in court to show cause why
the respondent should not be held in contempt.
    (b) The notice shall be an order to show cause.
    (c) Any order issued pursuant to subsection (a) shall
expire one year after the date of issue.
    (d) The first order issued pursuant to subsection (a) and
directed to a respondent may be in the nature of a recognizance
bond in the sum of no more than $1,000.
    (e) Upon discharge of any bond secured by the posting of
funds, the funds shall be returned to the respondent or other
party posting the bond, less applicable fees, unless the court
after inquiry determines that: (1) the judgment debtor
willfully has refused to comply with a payment order entered in
accordance with Section 2-1402 or an otherwise validly entered
order; (2) the bond money belongs to the debtor as opposed to a
third party; and (3) that any part of the funds constitute
non-exempt funds of the judgment debtor, in which case the
court may cause the non-exempt portion of the funds to be paid
over to the judgment creditor.
    (f) The requirements or limitations of this Section do not
apply to the enforcement of any order or judgment for child
support, any order or judgment resulting from an adjudication
of a municipal ordinance violation that is subject to Supreme
Court Rules 570 through 579, or from an administrative
adjudication of such an ordinance violation.
(Source: P.A. 97-848, eff. 7-25-12.)

Effective Date: 1/1/2014

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