Civil Procedure Legislation - Illinois

CIVIL LAW-TECH Amends the Code of Civil Procedure. Makes a technical change in a Section concerning construction of the Code. Senate Floor Amendment No. 1 Deletes reference to: 735 ILCS 5/1-106Adds reference to: 735 ILCS 5/15-1701from Ch. 110, par. 15-1701 Deletes everything after the enacting clause. Amends the Code of Civil Procedure. Provides that in a mortgage foreclosure proceeding, where a timely written notice concerning rent payment was not given to the tenant, or where [...]

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COURT OF CLAIMS-PRISONERS Amends the Personnel Code. Establishes a preference in the form of an entitlement to appear on the list of those eligible for appointments, if the person otherwise qualifies through testing for a person if: (i) he or she has been discharged from a prison of this State; (ii) he or she has been wrongfully accused of a crime for which he or she was imprisoned; and (iii) either a court of competent jurisdiction finds that the evidence that resulted in his or her conviction was erroneous or that new evidence indicates that the person did not commit the crime for which he or she was imprisoned or the accused received a pardon from the Governor stating that such pardon is issued on the ground of innocence of the crime for which he or she was imprisoned. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that the Department of Commerce and Economic Opportunity shall establish an individualized [...]

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HUMAN RTS, FAIRNESS IN LENDING Creates the Mortgage Steering Act. Prohibits mortgage loan steering or other specified fee and loan practices, based upon (i) the borrower's credit history, (ii) the borrower's capacity to repay the loan, and (iii) the property on which the loan is secured, because of that borrower’s race, gender, age, disability, or national origin. Provides that the Attorney General shall enforce the Act and grants the Attorney General the additional listed enforcement powers. Provides for injunctive relief, restitution, and civil penalties for violations of the Act. Provides that a person who suffers actual damages as a result of a violation of the Act by a lender may bring an action against that lender and may be awarded actual economic damages or any other relief that the court deems proper. Provides that any waiver or modification of the rights, provisions, or remedies of the Act shall be void and unenforceable. Senate Committee Amendment No. 1

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CIV PRO-SUPPLEMENTAL PROCEED Amends the Code of Civil Procedure. Provides that a judgment creditor may recover a corporate judgment debtor’s property for the creditor’s use. Provides that a debtor may be compelled to resign memberships in exchanges, clubs, or other entities. Provides that a judgment debtor’s property that is not amenable to a sheriff’s sale may be sold by other means. Provides property held by a third party that is determined to be wages is subject to a wage deduction. Provides recoverable costs include the cost of levy and replevin bonds. Provides that a federal judgment entered in Illinois shall be afforded recognition as if it were a circuit court judgment. Provides that wages subject to collection shall be (at present, shall not exceed) the lesser of 15% of the gross amount paid or the amount by which the disposable earnings exceed 45 times the federal minimum hourly wage. Provides that if an employer ceases to remit funds under a wage deduction order without [...]

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ELEVATOR SAFETY-REMOVE DESIGN Amends the Elevator Safety and Regulation Act. Removes certain references to the design of elevators and related apparatuses. Provides that an applicant for an elevator mechanic's license who makes application by demonstrating to the Office of the State Fire Marshal acceptable proof that he or she has worked as an elevator constructor, maintenance, or repair person for the equipment that a licensee of the Act is authorized to install must make application to the Office by December 31, 2007 (rather than May 1, 2006), but that all licenses issued under those terms between May 1, 2006 and the effective date of the amendatory Act are deemed valid. Adds one representative of the senior citizen population who is appointed by the Governor to the Elevator Safety Review Board. Effective immediately. House Amendment No. 1 Deletes reference to:

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PROP TX-TAX DEEDS Amends the Property Tax Code. Provides that relief from an order for a tax deed may be had under certain provisions of the Code of Civil Procedure concerning motions after judgment in nonjury cases. Provides that notice of the expiration of the period of redemption must be served upon certain owners and parties interested in the property in the manner set forth under certain provisions of the Code of Civil Procedure (now, personal service). Requires the court to enter orders to place the tax-deed grantee's successor in interest in possession of the property and authorizes the court to grant other relief to maintain the successor in interest in possession. Provides that the notice of the expiration of the period of redemption may not be served more than 6 months (now, 5 months) before the expiration of the period of redemption. Provides that the changes concerning post-judgment motions and the changes concerning the possession by the tax-deed grantee's successor [...]

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CIV PRO-COPY MED RECORDS Amends the Code of Civil Procedure. Provides that the exceptions to the physician-patient privilege against disclosure of information are expanded with a new class of exceptions (at present, there are 11 other exceptions) for information sought by subpoenas under the Medical Practice Act of 1987, the Illinois Dental Practice Act or the Nursing Home Administrators Licensing and Disciplinary Act. Provides that records of a health care facility shall be made available for examination or copying to the patient or the patient's legally authorized representative, his or her healthcare practitioner (at present, physician), authorized attorney, or any person, entity, or organization that presents a valid authorization for the release of records signed by the patient or the patient's legally authorized representative. Provides that a patient's records maintained by a health care practitioner shall be available to any person, entity, or organization presenting [...]

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CIV PRO-SUBPNA-SCHOOL EMPLOYEE Amends the Code of Civil Procedure. Provides that a party seeking to subpoena a public school employee to testify during school hours must obtain a court order. Provides that the order shall provide that the party tender, in addition to the required witness and mileage fee, a fee to the school district to pay the substitute teacher or other temporary staff employed during the witness's absence and consult with the school district to schedule the appearance to minimize disruption of the educational program. Provides that any subpoena of a public school employee that does not meet these requirements is void as a matter of law. Provides that if a conflict arises over the fees for a subpoenaed public school employee, the court shall determine the fee. Effective immediately. House Amendment No. 1 Further amends the Code of Civil Procedure. Provides that a party seeking to subpoena a public school employee to testify during school hours [...]

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CIVIL LAW-TECH Amends the Code of Civil Procedure. Makes a technical change in a Section concerning construction of the Code. Senate Floor Amendment No. 1 Deletes reference to: 735 ILCS 5/1-106Adds reference to: 735 ILCS 5/15-1701from Ch. 110, par. 15-1701 Deletes everything after the enacting clause. Amends the Code of Civil Procedure. Provides that in a mortgage foreclosure proceeding, where a timely written notice concerning rent payment was not given to the tenant, or where [...]

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CIVIL LAW-TECH Amends the Code of Civil Procedure. Makes a technical change in a Section concerning enforcement of the Code. Senate Floor Amendment No. 1 Deletes reference to: 735 ILCS 5/1-105Adds reference to: 735 ILCS 5/2-209from Ch. 110, par. 2-209735 ILCS 5/12-621from Ch. 110, par. 12-621 Deletes everything after [...]

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