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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3957
Introduced 2/26/2009, by Rep. Jim Sacia SYNOPSIS AS INTRODUCED:
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735 ILCS 5/5-117 |
from Ch. 110, par. 5-117 |
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Amends the Code of Civil Procedure. In connection with actions by or on behalf of the State, the Governor, or a county, provides that in proceedings to collect any delinquent tax, fee, utility charge or fine, proceedings resulting in a judgment of forfeiture, or proceedings to recover the cost of any court ordered service or restitution, the Attorney General or State's Attorney is entitled to recover reasonable attorney's fees as part of the costs assessed to the defendant. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB3957 |
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LRB096 08963 AJO 19101 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by |
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| changing Section 5-117 as follows:
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| (735 ILCS 5/5-117) (from Ch. 110, par. 5-117)
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| Sec. 5-117. Action by State. In all actions commenced or to |
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| be commenced for
and on behalf of the people of this state, or |
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| the governor thereof, or
for or on behalf of any county of this |
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| state, or in the name of any
person for the use of the people of |
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| this state, or any county, then and
in every such case, if the |
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| plaintiff recovers
in such action, the plaintiff shall recover |
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| costs as any other
person in like cases; but if the action is |
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| voluntarily dismissed by the
plaintiff or is dismissed for want |
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| of prosecution or judgment is
entered against the plaintiff, |
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| the defendant shall not recover any
costs whatever. In |
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| proceedings to collect any delinquent tax, fee, utility charge |
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| or fine, proceedings resulting in a judgment of forfeiture, or |
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| proceedings to recover the cost of any court ordered service or |
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| restitution, the Attorney General or State's Attorney is |
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| entitled to recover reasonable attorney's fees as part of the |
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| costs assessed to the defendant. Nothing in this section |
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| contained shall extend to any
popular action, nor to any action |