Public Act 097-1030
 
SB3552 EnrolledLRB097 13078 AJO 63845 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, 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. 94-293, eff. 1-1-06; 95-306, eff. 1-1-08.)

 
 
    Section 99. Effective date. This Act takes effect July 1, 
2012.