96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4196


 
Introduced 2/27/2009, by Rep. Robert W. Pritchard
 
SYNOPSIS AS INTRODUCED:
 		













735 ILCS 5/2-418 new










    Amends the Code of Civil Procedure.  Provides that, in addition to any rights and obligations provided under

the federal Servicemembers Civil Relief Act,  a creditor shall suspend and defer activity in an action against a defendant who is a person on active military duty stationed out of State. Provides that, whenever it is determined in a proceeding brought by a creditor that the

defendant is a person on active military duty stationed out of State, the court must stay the proceedings until after the person is discharged from active duty or after the person, although  on active duty, is no

                         longer stationed out of State. Defines "person on active military duty" as a person who is currently serving on active duty as a member of the Armed Forces of the United States, the Illinois National Guard, or any reserve component of the Armed Forces of the United States.
















LRB096 05712 AJO 22591 b

















 


 


A BILL FOR









 











HB4196

LRB096 05712 AJO 22591 b






1
    AN ACT concerning civil law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Code of Civil Procedure is amended  by adding 
5
Section 2-418 as follows:
 
6
    (735 ILCS 5/2-418  new)
7
    Sec. 2-418. Creditor action; active out of State military 
8
duty.
9
    (a)    In addition to any rights and obligations provided 
10
under

the federal Servicemembers Civil Relief Act, a creditor 
11
shall suspend and defer activity in an action against a 
12
defendant who is a person on active military duty stationed out 
13
of State.
14
    (b) Whenever it is determined in a proceeding brought by a 
15
creditor that the

defendant is a person on active military duty 
16
stationed out of State, the court must stay the proceedings 
17
until:
18
        (1)  after the person is discharged from active military 
19
    duty; or
20
        (2)  after the person, although  remaining on active 
21
    military duty, is no

                         longer stationed out of State.
22
    (c)  As used in this Section, "person on active military 
23
duty" means a person who is currently serving on active duty as 
 


 






HB4196
- 2 -
LRB096 05712 AJO 22591 b




1
a member of the Armed Forces of the United States, the Illinois 
2
National Guard, or any reserve component of the Armed Forces of 
3
the United States.