Bill Amendment: IL SB0163 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: CIVIL LAW-TECH

Status: 2016-01-29 - Public Act . . . . . . . . . 99-0497 [SB0163 Detail]

Download: Illinois-2015-SB0163-Senate_Amendment_001.html

---

Sen. Ira I. Silverstein

Filed: 9/2/2015

09900SB0163sam001 LRB099 03389 HEP 38143 a
AMENDMENT TO SENATE BILL 163
AMENDMENT NO. ______. Amend Senate Bill 163 by replacing
everything after the enacting clause with the following:
"Section 5. The Probate Act of 1975 is amended by changing
Section 16-1 as follows:
(755 ILCS 5/16-1) (from Ch. 110 1/2, par. 16-1)
(Text of Section before amendment by P.A. 99-93)
Sec. 16-1. Citation on behalf of estate.)
(a) Upon the filing of a petition therefor by the
representative or by any other person interested in the estate
or, in the case of an estate of a ward by any other person, the
court shall order a citation to issue for the appearance before
it of any person whom the petitioner believes (1) to have
concealed, converted or embezzled or to have in his possession
or control any personal property, books of account, papers or
evidences of debt or title to lands which belonged to a person

09900SB0163sam001 - 2 - LRB099 03389 HEP 38143 a
whose estate is being administered in that court or which
belongs to his estate or to his representative or (2) to have
information or knowledge withheld by the respondent from the
representative and needed by the representative for the
recovery of any property by suit or otherwise. The petition
shall contain a request for the relief sought.
(b) The citation must be served not less than 10 days
before the return day designated in the citation and must be
served and returned in the manner provided for summons in civil
cases. If there is a personal representative who is not the
respondent, notice of the proceeding shall be given by mail or
in person to the personal representative not less than 5 days
before the return day designated in the citation.
(c) If the representative is the respondent, the court may
appoint a special administrator to represent the estate. The
court may permit the special administrator to prosecute or
defend an appeal.
(d) The court may examine the respondent on oath whether or
not the petitioner has proved the matters alleged in the
petition, may hear the evidence offered by any party, may
determine all questions of title, claims of adverse title and
the right of property and may enter such orders and judgment as
the case requires. If the respondent refuses to answer proper
questions put to him or refuses to obey the court's order to
deliver any personal property or, if converted, its proceeds or
value, or books of account, papers or evidences of debt or

09900SB0163sam001 - 3 - LRB099 03389 HEP 38143 a
title to lands, the court may commit him to jail until he
complies with the order of the court or is discharged by due
course of law and the court may enforce its order against the
respondent's real and personal property in the manner in which
judgments for the payment of money are enforced. The court may
tax the costs of the proceeding against the respondent and
enter judgment therefor against him.
(Source: P.A. 89-396, eff. 8-20-95.)
(Text of Section after amendment by P.A. 99-93)
Sec. 16-1. Citation on behalf of estate.)
(a) Upon the filing of a petition therefor by the
representative or by any other person interested in the estate
or, in the case of an estate of a ward by any other person, the
court shall order a citation to issue for the appearance before
it of any person whom the petitioner believes: (1) to have
concealed, converted or embezzled or to have or had in his
possession or control any assets, personal property, books of
account, papers or evidences of debt or title to lands which
belonged to a person whose estate is being administered in that
court or which belongs to his estate or to his representative
or ; (2) to have information or knowledge withheld by the
respondent from the representative and needed by the
representative for the recovery of any property by suit or
otherwise; or (3) may be liable to the estate of a ward
pursuant to any civil cause of action. The petition shall

09900SB0163sam001 - 4 - LRB099 03389 HEP 38143 a
contain a request for the relief sought.
(b) The citation must be served not less than 10 days
before the return day designated in the citation and must be
served and returned in the manner provided for summons in civil
cases. If there is a personal representative who is not the
respondent, notice of the proceeding shall be given by mail or
in person to the personal representative not less than 5 days
before the return day designated in the citation.
(c) If the representative is the respondent, the court may
appoint a special administrator to represent the estate. The
court may permit the special administrator to prosecute or
defend an appeal.
(d) The court may examine the respondent on oath whether or
not the petitioner has proved the matters alleged in the
petition, may hear the evidence offered by any party, may
determine all questions of title, claims of adverse title and
the right of property and may enter such orders and judgment as
the case requires. If the respondent refuses to answer proper
questions put to him or refuses to obey the court's order to
deliver any personal property or, if converted, its proceeds or
value, or books of account, papers or evidences of debt or
title to lands, the court may commit him to jail until he
complies with the order of the court or is discharged by due
course of law and the court may enforce its order against the
respondent's real and personal property in the manner in which
judgments for the payment of money are enforced. The court may

09900SB0163sam001 - 5 - LRB099 03389 HEP 38143 a
tax the costs of the proceeding against the respondent and
enter judgment therefor against him.
(Source: P.A. 99-93, eff. 1-1-16.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.".