99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5823

 

Introduced , by Rep. Scott Drury

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-101  from Ch. 110, par. 2-101

    Amends the Code of Civil Procedure. Makes a technical change in provisions concerning venue.


LRB099 19409 HEP 43801 b

 

 

A BILL FOR

 

HB5823LRB099 19409 HEP 43801 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 2-101 as follows:
 
6    (735 ILCS 5/2-101)  (from Ch. 110, par. 2-101)
7    Sec. 2-101. Generally. Except as otherwise provided in this
8Act, every action must be commenced (1) in the the county of
9residence of any defendant who is joined in good faith and with
10probable cause for the purpose of obtaining a judgment against
11him or her and not solely for the purpose of fixing venue in
12that county, or (2) in the county in which the transaction or
13some part thereof occurred out of which the cause of action
14arose.
15    If a check, draft, money order, or other instrument for the
16payment of child support payable to or delivered to the State
17Disbursement Unit established under Section 10-26 of the
18Illinois Public Aid Code is returned by the bank or depository
19for any reason, venue for the enforcement of any criminal
20proceedings or civil cause of action for recovery and attorney
21fees shall be in the county where the principal office of the
22State Disbursement Unit is located.
23    If all defendants are nonresidents of the State, an action

 

 

HB5823- 2 -LRB099 19409 HEP 43801 b

1may be commenced in any county.
2    If the corporate limits of a city, village or town extend
3into more than one county, then the venue of an action or
4proceeding instituted by that municipality to enforce any fine,
5imprisonment, penalty or forfeiture for violation of any
6ordinance of that municipality, regardless of the county in
7which the violation was committed or occurred, may be in the
8appropriate court (i) in the county wherein the office of the
9clerk of the municipality is located or (ii) in any county in
10which at least 35% of the territory within the municipality's
11corporate limits is located.
12(Source: P.A. 91-212, eff. 7-20-99.)