Bill Text: IL SB2043 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Code of Civil Procedure. Makes a technical change in a Section regarding the place of trial.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB2043 Detail]
Download: Illinois-2013-SB2043-Amended.html
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1 | AMENDMENT TO SENATE BILL 2043
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2 | AMENDMENT NO. ______. Amend Senate Bill 2043 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 5-120 as follows:
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6 | (735 ILCS 5/5-120) (from Ch. 110, par. 5-120)
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7 | Sec. 5-120. Affirmance or reversal on appeal. | ||||||
8 | (a) If any person takes
an appeal to review the judgment
of | ||||||
9 | any other court, and the judgment is affirmed or the appeal is
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10 | dismissed, the appellee shall recover costs, which may be | ||||||
11 | collected in the
same manner as judgments for the payment of | ||||||
12 | money are enforced;
and if the judgment is reversed, the | ||||||
13 | appellant shall recover
costs, which may be collected in the | ||||||
14 | same manner as judgments for the payment
of money are enforced.
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15 | (b) In any successful appeal under Article III of this Code | ||||||
16 | of an adverse decision by a unit of local government, the court |
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1 | shall award the plaintiff all reasonable costs, including court | ||||||
2 | costs and attorney's fees, associated with the appeal. In cases | ||||||
3 | in which the court finds that the decision by the unit of local | ||||||
4 | government was clearly erroneous or that the plaintiff's rights | ||||||
5 | to due process were abridged, the court may award the plaintiff | ||||||
6 | all reasonable costs associated with the entire case dating | ||||||
7 | back to the inception of the administrative proceeding. | ||||||
8 | (Source: P.A. 82-280.)".
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