Rep. Robert W. Pritchard
Filed: 3/27/2009
|
|
|||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO HOUSE BILL 2782
| ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 2782, by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 4 | "Section 5. The Military Code of Illinois is amended by | ||||||
| 5 | changing Section 30.25 as follows:
| ||||||
| 6 | (20 ILCS 1805/30.25)
| ||||||
| 7 | Sec. 30.25. Stay of prosecution. During and for a period of | ||||||
| 8 | 14 days
after a period of
training or duty in excess of 29 days | ||||||
| 9 | either under Title 32 of the United
States Code or under State | ||||||
| 10 | Active Duty, a court having jurisdiction over the
enforcement | ||||||
| 11 | of
any civil obligation or
liability, the prosecution of any | ||||||
| 12 | civil suit or proceeding, or the entry or
enforcement
of any | ||||||
| 13 | civil order, writ, judgment, or decree may stay, postpone, or | ||||||
| 14 | suspend
the matter if the court
determines that a person's | ||||||
| 15 | failure to meet the obligation is the direct
result
of that | ||||||
| 16 | period of active duty and the person is a service member | ||||||
| |||||||
| |||||||
| 1 | deployed within the continental United States.
training or | ||||||
| 2 | duty. | ||||||
| 3 | During and for a period of 14 days
after a period of
| ||||||
| 4 | training or duty in excess of 29 days either under Title 32 of | ||||||
| 5 | the United
States Code or under State Active Duty, a court | ||||||
| 6 | having jurisdiction over the
enforcement of
any civil | ||||||
| 7 | obligation or
liability, the prosecution of any civil suit or | ||||||
| 8 | proceeding, or the entry or
enforcement
of any civil order, | ||||||
| 9 | writ, judgment, or decree shall stay, postpone, or suspend
the | ||||||
| 10 | matter, for a period not to exceed 5 years, if the court
| ||||||
| 11 | determines that the person is a service member deployed outside | ||||||
| 12 | of the continental United States. | ||||||
| 13 | The stay, postponement, or
suspension of
proceedings does not | ||||||
| 14 | in any way modify any condition, obligation, term, or
liability | ||||||
| 15 | agreed upon or incurred by a person in military service | ||||||
| 16 | including but
not limited to
accrued interest, late fees, or
| ||||||
| 17 | penalties. No stay, postponement, or suspension shall be | ||||||
| 18 | provided regarding
any
written agreement entered into, or debt | ||||||
| 19 | that is incurred, by the person during
or after his or her | ||||||
| 20 | period
of
training or duty either under Title 32 of the United | ||||||
| 21 | States Code or under
State Active Duty.
| ||||||
| 22 | (Source: P.A. 92-716, eff. 7-24-02.)
| ||||||
| 23 | Section 99. Effective date. This Act takes effect upon | ||||||
| 24 | becoming law.".
| ||||||