HB2782 Engrossed

LRB096 09210 DRJ 19362 b






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    AN ACT concerning State government.

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 



 
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    Section 5. The Military Code of Illinois is amended  by 
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changing Section 30.25 as follows:
 



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    (20 ILCS 1805/30.25)



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    Sec. 30.25. Stay of prosecution. During and for a period of 
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14 days
after a period of
training or duty in excess of 29 days 
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either under Title 32 of the United
States Code or under State 
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Active Duty, a court having jurisdiction over the
enforcement 
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of
any civil obligation or
liability, the prosecution of any 
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civil suit or proceeding, or the entry or
enforcement
of any 
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civil order, writ, judgment, or decree may stay, postpone, or 
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suspend
the matter if the court
determines that a person's 
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failure to meet the obligation is the direct
result
of that 
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period of active duty and the person is a service member 
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deployed within the continental United States.
training or 
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duty.  
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    During and for a period of 14 days
after a period of

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training or duty in excess of 29 days either under Title 32 of 
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the United
States Code or under State Active Duty, a court 
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having jurisdiction over the
enforcement of
any civil 
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obligation or
liability, the prosecution of any civil suit or 
 


 






HB2782 Engrossed
- 2 -
LRB096 09210 DRJ 19362 b




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proceeding, or the entry or
enforcement
of any civil order, 
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writ, judgment, or decree shall stay, postpone, or suspend
the 
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matter, for a period not to exceed 5 years, if the court

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determines that the person is a service member deployed outside 
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of the continental United States.  
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    The stay, postponement, or
suspension of
proceedings does 
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not in any way modify any condition, obligation, term, or

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liability agreed upon or incurred by a person in military 
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service including but
not limited to
accrued interest, late 
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fees, or
penalties.  No stay, postponement, or suspension shall 
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be provided regarding
any
written agreement entered into, or 
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debt that is incurred, by the person during
or after his or her 
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period
of
training or duty either under Title 32 of the United 
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States Code or under
State Active Duty.

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(Source: P.A. 92-716, eff. 7-24-02.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.