Bill Text: IL SB3303 | 2015-2016 | 99th General Assembly | Introduced


Bill Title: Amends the Code of Civil Procedure. Provides that if the respondent fails to appear on the date the court conducts an inquiry related to the discharge of a bond, the court may proceed with the inquiry and resolve any questions that arise.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-22 - Rule 3-9(a) / Re-referred to Assignments [SB3303 Detail]

Download: Illinois-2015-SB3303-Introduced.html


99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3303

Introduced 2/19/2016, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:
735 ILCS 5/12-107.5

Amends the Code of Civil Procedure. Provides that if the respondent fails to appear on the date the court conducts an inquiry related to the discharge of a bond, the court may proceed with the inquiry and resolve any questions that arise.
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A BILL FOR

SB3303LRB099 18410 HEP 42786 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by
5changing Section 12-107.5 as follows:
6 (735 ILCS 5/12-107.5)
7 Sec. 12-107.5. Body attachment order.
8 (a) No order of body attachment or other civil order for
9the incarceration or detention of a natural person respondent
10to answer for a charge of indirect civil contempt shall issue
11unless the respondent has first had an opportunity, after
12personal service or abode service of notice as provided in
13Supreme Court Rule 105, to appear in court to show cause why
14the respondent should not be held in contempt.
15 (b) The notice shall be an order to show cause.
16 (c) Any order issued pursuant to subsection (a) shall
17expire one year after the date of issue.
18 (d) The first order issued pursuant to subsection (a) and
19directed to a respondent may be in the nature of a recognizance
20bond in the sum of no more than $1,000.
21 (e) Except as provided in subsection (e-5), upon Upon
22discharge of any bond secured by the posting of funds, the
23funds shall be returned to the respondent or other party

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1posting the bond, less applicable fees, unless the court after
2inquiry determines that: (1) the judgment debtor willfully has
3refused to comply with a payment order entered in accordance
4with Section 2-1402 or an otherwise validly entered order; (2)
5the bond money belongs to the debtor as opposed to a third
6party; and (3) that any part of the funds constitute non-exempt
7funds of the judgment debtor, in which case the court may cause
8the non-exempt portion of the funds to be paid over to the
9judgment creditor.
10 (e-5) If the respondent fails to appear on the date the
11court conducts the inquiry required under subsection (e), the
12court may proceed with the inquiry and resolve any questions
13that arise.
14 (f) The requirements or limitations of this Section do not
15apply to the enforcement of any order or judgment for child
16support, any order or judgment resulting from an adjudication
17of a municipal ordinance violation that is subject to Supreme
18Court Rules 570 through 579, or from an administrative
19adjudication of such an ordinance violation.
20(Source: P.A. 97-848, eff. 7-25-12; 98-417, eff. 1-1-14.)
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