HB2473 EngrossedLRB098 05215 HEP 35247 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Civil Procedure is amended  by 
5changing Section 12-107.5 as follows:
 
6    (735 ILCS 5/12-107.5)
7    Sec. 12-107.5. Body attachment order.
8    (a)  No order of body attachment or other civil order for 
9the incarceration or detention of a natural person respondent 
10to answer for a charge of indirect civil contempt shall issue 
11unless the respondent has first had an opportunity, after 
12personal service or abode service of notice as provided in  
13Supreme Court Rule 105, to appear in court to show cause why 
14the respondent should not be held in contempt.
15    (b)  The notice shall be an order to show cause.
16    (c)  Any order issued pursuant to subsection (a) shall 
17expire one year after the date of issue.
18    (d) The first order issued pursuant to subsection (a) and 
19directed to a respondent may be in the nature of a recognizance 
20bond in the sum of no more than $1,000. 
21    (e) Upon discharge of any bond secured by the posting of 
22funds, the funds shall be returned to the respondent or other 
23party posting the bond, less applicable fees, unless the court 
 
 
HB2473 Engrossed- 2 -LRB098 05215 HEP 35247 b

1after inquiry determines that: (1) the judgment debtor 
2willfully has refused to comply with a payment order entered in 
3accordance with Section 2-1402 or an otherwise validly entered 
4order; (2) the bond money belongs to the debtor as opposed to a 
5third party; and (3) that any part of the funds constitute 
6non-exempt funds of the judgment debtor, in which case the 
7court may cause the non-exempt portion of the funds to be paid 
8over to the judgment creditor. 
9    (f) The requirements or limitations of this Section do not 
10apply to the enforcement of any order or judgment for child 
11support, any order or judgment resulting from an adjudication 
12of a municipal ordinance violation that is subject to Supreme 
13Court Rules 570 through 579, or from an administrative 
14adjudication of such an ordinance violation. 

15(Source: P.A. 97-848, eff. 7-25-12.)