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

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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

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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
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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 12-107.5 as follows:
(735 ILCS 5/12-107.5)
Sec. 12-107.5. Body attachment order.
(a) No order of body attachment or other civil order for
the incarceration or detention of a natural person respondent
to answer for a charge of indirect civil contempt shall issue
unless the respondent has first had an opportunity, after
personal service or abode service of notice as provided in
Supreme Court Rule 105, to appear in court to show cause why
the respondent should not be held in contempt.
(b) The notice shall be an order to show cause.
(c) Any order issued pursuant to subsection (a) shall
expire one year after the date of issue.
(d) The first order issued pursuant to subsection (a) and
directed to a respondent may be in the nature of a recognizance
bond in the sum of no more than $1,000.
(e) Except as provided in subsection (e-5), upon Upon
discharge of any bond secured by the posting of funds, the
funds shall be returned to the respondent or other party

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