HB4384 101ST GENERAL ASSEMBLY

LRB101 17412 LNS 66819 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4384

Introduced 1/29/2020, by Rep. Deanne M. Mazzochi - Daniel Swanson

SYNOPSIS AS INTRODUCED:

735 ILCS 5/14-110 new

Amends the Code of Civil Procedure. Provides that if the court determines that a petition for mandamus is frivolous or patently without merit, it shall dismiss the petition on its own motion. Provides that the order of dismissal is a final judgment and shall be served upon the petitioner by certified mail within 10 days of its entry.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Code of Civil Procedure is amended by adding Section 14-110 as follows:

(735 ILCS 5/14-110 new)

Sec. 14-110. Dismissal of frivolous claims. If the court determines that a petition for mandamus is frivolous or patently without merit, it shall dismiss the petition on its own motion, in a written order, specifying the findings of fact and conclusions of law it made in reaching its decision. The order of dismissal is a final judgment and shall be served upon the petitioner by certified mail within 10 days of its entry.