HB3762enr 96TH GENERAL ASSEMBLY

HB3762 Enrolled LRB096 09908 AJO 20071 b

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 15-1501.5 as follows:

(735 ILCS 5/15-1501.5 new)

Sec. 15-1501.5. Return from combat stay. In addition to any rights and obligations provided under the federal Service members Civil Relief Act, whenever it is determined in a foreclosure proceeding that the mortgagor defendant is a person who was deployed to a combat or combat support posting while on active military duty and serving overseas within the previous 12 months, the court must stay the proceedings for a period of 90 days upon application to the court by the mortgagor defendant. "Active military duty" means, for purposes of this Section, service 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.