Bill Text: IL HB3121 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Makes a technical change in provisions concerning venue.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB3121 Detail]

Download: Illinois-2009-HB3121-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3121 Introduced 2/24/2009, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-101 from Ch. 110, par. 2-101
Amends the Code of Civil Procedure. Makes a technical change in provisions concerning venue.
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A BILL FOR
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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 2-101 as follows:
(735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
Sec. 2-101. Generally. Except as otherwise provided in this
Act, every action must be commenced (1) in the the county of
residence of any defendant who is joined in good faith and with
probable cause for the purpose of obtaining a judgment against
him or her and not solely for the purpose of fixing venue in
that county, or (2) in the county in which the transaction or
some part thereof occurred out of which the cause of action
arose.
If a check, draft, money order, or other instrument for the
payment of child support payable to or delivered to the State
Disbursement Unit established under Section 10-26 of the
Illinois Public Aid Code is returned by the bank or depository
for any reason, venue for the enforcement of any criminal
proceedings or civil cause of action for recovery and attorney
fees shall be in the county where the principal office of the
State Disbursement Unit is located.
If all defendants are nonresidents of the State, an action

HB3121 - 2 - LRB096 05929 AJO 16010 b
may be commenced in any county.
If the corporate limits of a city, village or town extend
into more than one county, then the venue of an action or
proceeding instituted by that municipality to enforce any fine,
imprisonment, penalty or forfeiture for violation of any
ordinance of that municipality, regardless of the county in
which the violation was committed or occurred, may be in the
appropriate court (i) in the county wherein the office of the
clerk of the municipality is located or (ii) in any county in
which at least 35% of the territory within the municipality's
corporate limits is located.
(Source: P.A. 91-212, eff. 7-20-99.)