Illinois General Assembly - Full Text of Public Act 100-0922
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Public Act 100-0922


 

Public Act 0922 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0922
 
SB1246 EnrolledLRB100 08879 HEP 19022 b

    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 12-1001 as follows:
 
    (735 ILCS 5/12-1001)   (from Ch. 110, par. 12-1001)
    Sec. 12-1001. Personal property exempt. The following
personal property, owned by the debtor, is exempt from
judgment, attachment, or distress for rent:
        (a) The necessary wearing apparel, bible, school
    books, and family pictures of the debtor and the debtor's
    dependents;
        (b) The debtor's equity interest, not to exceed $4,000
    in value, in any other property;
        (c) The debtor's interest, not to exceed $2,400 in
    value, in any one motor vehicle;
        (d) The debtor's equity interest, not to exceed $1,500
    in value, in any implements, professional books, or tools
    of the trade of the debtor;
        (e) Professionally prescribed health aids for the
    debtor or a dependent of the debtor;
        (f) All proceeds payable because of the death of the
    insured and the aggregate net cash value of any or all life
    insurance and endowment policies and annuity contracts
    payable to a wife or husband of the insured, or to a child,
    parent, or other person dependent upon the insured, or to a
    revocable or irrevocable trust which names the wife or
    husband of the insured or which names a child, parent, or
    other person dependent upon the insured as the primary
    beneficiary of the trust, whether the power to change the
    beneficiary is reserved to the insured or not and whether
    the insured or the insured's estate is a contingent
    beneficiary or not;
        (g) The debtor's right to receive:
            (1) a social security benefit, unemployment
        compensation, or public assistance benefit;
            (2) a veteran's benefit;
            (3) a disability, illness, or unemployment
        benefit; and
            (4) alimony, support, or separate maintenance, to
        the extent reasonably necessary for the support of the
        debtor and any dependent of the debtor.
        (h) The debtor's right to receive, or property that is
    traceable to:
            (1) an award under a crime victim's reparation law;
            (2) a payment on account of the wrongful death of
        an individual of whom the debtor was a dependent, to
        the extent reasonably necessary for the support of the
        debtor;
            (3) a payment under a life insurance contract that
        insured the life of an individual of whom the debtor
        was a dependent, to the extent reasonably necessary for
        the support of the debtor or a dependent of the debtor;
            (4) a payment, not to exceed $15,000 in value, on
        account of personal bodily injury of the debtor or an
        individual of whom the debtor was a dependent; and
            (5) any restitution payments made to persons
        pursuant to the federal Civil Liberties Act of 1988 and
        the Aleutian and Pribilof Island Restitution Act, P.L.
        100-383.
        For purposes of this subsection (h), a debtor's right
    to receive an award or payment shall be exempt for a
    maximum of 2 years after the debtor's right to receive the
    award or payment accrues; property traceable to an award or
    payment shall be exempt for a maximum of 5 years after the
    award or payment accrues; and an award or payment and
    property traceable to an award or payment shall be exempt
    only to the extent of the amount of the award or payment,
    without interest or appreciation from the date of the award
    or payment.
        (i) The debtor's right to receive an award under Part
    20 of Article II of this Code relating to crime victims'
    awards.
        (j) Moneys held in an account invested in the Illinois
    College Savings Pool of which the debtor is a participant
    or donor and funds invested in an ABLE Account as defined
    by Section 529 of the Internal Revenue Code, except the
    following non-exempt contributions:
            (1) any contribution to such account by the debtor
        as participant or donor that is made with the actual
        intent to hinder, delay, or defraud any creditor of the
        debtor;
            (2) any contributions to such account by the debtor
        as participant during the 365 day period prior to the
        date of filing of the debtor's petition for bankruptcy
        that, in the aggregate during such period, exceed the
        amount of the annual gift tax exclusion under Section
        2503(b) of the Internal Revenue Code of 1986, as
        amended, in effect at the time of contribution; or
            (3) any contributions to such account by the debtor
        as participant during the period commencing 730 days
        prior to and ending 366 days prior to the date of
        filing of the debtor's petition for bankruptcy that, in
        the aggregate during such period, exceed the amount of
        the annual gift tax exclusion under Section 2503(b) of
        the Internal Revenue Code of 1986, as amended, in
        effect at the time of contribution.
        For purposes of this subsection (j), "account"
    includes all accounts for a particular designated
    beneficiary, of which the debtor is a participant or donor.
    Money due the debtor from the sale of any personal property
that was exempt from judgment, attachment, or distress for rent
at the time of the sale is exempt from attachment and
garnishment to the same extent that the property would be
exempt had the same not been sold by the debtor.
    If a debtor owns property exempt under this Section and he
or she purchased that property with the intent of converting
nonexempt property into exempt property or in fraud of his or
her creditors, that property shall not be exempt from judgment,
attachment, or distress for rent. Property acquired within 6
months of the filing of the petition for bankruptcy shall be
presumed to have been acquired in contemplation of bankruptcy.
    The personal property exemptions set forth in this Section
shall apply only to individuals and only to personal property
that is used for personal rather than business purposes. The
personal property exemptions set forth in this Section shall
not apply to or be allowed against any money, salary, or wages
due or to become due to the debtor that are required to be
withheld in a wage deduction proceeding under Part 8 of this
Article XII.
(Source: P.A. 97-1030, eff. 8-17-12.)

Effective Date: 1/1/2019