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Rep. Robert W. Pritchard
Filed: 3/27/2009
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09600HB2782ham001 |
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LRB096 09210 AJO 24756 a |
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| AMENDMENT TO HOUSE BILL 2782
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| AMENDMENT NO. ______. Amend House Bill 2782, by replacing |
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| everything after the enacting clause with the following:
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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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09600HB2782ham001 |
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LRB096 09210 AJO 24756 a |
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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 |
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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 not |
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| in any way modify any condition, obligation, term, or
liability |
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| agreed upon or incurred by a person in military service |
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| including but
not limited to
accrued interest, late fees, or
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| penalties. No stay, postponement, or suspension shall be |
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| provided regarding
any
written agreement entered into, or debt |
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| 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.".
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