Bill Amendment: IL SB1402 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIM PRO-ASSET FREEZE ORDER

Status: 2019-01-09 - Session Sine Die [SB1402 Detail]

Download: Illinois-2017-SB1402-Senate_Amendment_001.html

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Sen. James F. Clayborne, Jr.

Filed: 3/15/2017

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AMENDMENT TO SENATE BILL 1402
AMENDMENT NO. ______. Amend Senate Bill 1402 as follows:
on page 1, line 6, after "112B-5,", by inserting "112B-5.5,";
and
on page 2, by inserting immediately below line 11 the
following:
""Lien" means a charge against or an interest in property
to secure payment of a debt or performance of an obligation,
and includes a security interest created by agreement, a
judicial lien obtained by legal or equitable process or
proceedings, a common-law lien, or a statutory lien."; and
on page 2, by inserting immediately below line 25 the
following:
""Transfer" means every mode, direct or indirect, absolute
or conditional, voluntary or involuntary, of disposing of or

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parting with an asset or an interest in an asset, and includes
payment of money, release, lease, and creation of a lien or
other encumbrance."; and
on page 8, by inserting immediately below line 7 the following:
"(725 ILCS 5/112B-5.5 new)
Sec. 112B-5.5. Asset dissipation relief.
(a) The State may seek asset dissipation relief against a
transfer or obligation of an asset knowingly made to dissipate
the asset and may obtain:
(1) avoidance of the transfer or obligation to the
extent necessary to satisfy an existing or future judgment
for a fine, restitution, assessment, or court costs;
(2) an attachment or other provisional remedy against
the asset transferred or other property of the transferee
in accordance with the procedure prescribed by the Code of
Civil Procedure; or
(3) subject to applicable principles of equity and in
accordance with applicable rules of civil procedure:
(A) an injunction against further disposition by
the defendant or a transferee, or both, of the asset
transferred or of other property;
(B) appointment of a receiver to take charge of the
asset transferred or of other property of the
transferee; or

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(C) any other relief the circumstances may
require.
(b) Notwithstanding voidability of a transfer or an
obligation under this Section, a good-faith transferee or
obligee is entitled, to the extent of the value given the
defendant for the transfer or obligation, to:
(1) a lien on or a right to retain any interest in the
asset transferred; or
(2) enforcement of any obligation incurred."; and
on page 8, line 17, after "order", by inserting "or asset
dissipation relief order".