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| | HB4659 Engrossed | | LRB104 17719 RLC 31150 b |
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| 1 | | AN ACT concerning domestic violence.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Consumer Installment Loan Act is amended by |
| 5 | | adding Section 20.8 as follows:
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| 6 | | (205 ILCS 670/20.8 new) |
| 7 | | Sec. 20.8. Coerced debt. |
| 8 | | (a) In this Section, "coerced debt" means any debt |
| 9 | | incurred through a loan subject to this Act or a portion of the |
| 10 | | debt, except for debt secured by real property, that was |
| 11 | | incurred by the debtor because of fraud, duress, intimidation, |
| 12 | | threat, force, coercion, undue influence, or the |
| 13 | | non-consensual use of the debtor's personal identifying |
| 14 | | information between family or household members, as defined in |
| 15 | | Section 103 of the Illinois Domestic Violence Act of 1986, as a |
| 16 | | result of abuse or exploitation, as defined in Section 103 of |
| 17 | | the Illinois Domestic Violence Act of 1986, or due to human |
| 18 | | trafficking, as defined in subsections (b), (c), and (d) of |
| 19 | | Section 10-9 of the Criminal Code of 2012. |
| 20 | | (b) In any lawsuit or arbitration to collect a debt, |
| 21 | | subject to this Act, it is an affirmative defense that the debt |
| 22 | | is or is partially coerced debt to the plaintiff and the court |
| 23 | | or arbitrator. |