HB3957eng 96TH GENERAL ASSEMBLY

HB3957 Engrossed LRB096 08963 AJO 19101 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 changing Section 5-117 as follows:

(735 ILCS 5/5-117) (from Ch. 110, par. 5-117)

Sec. 5-117. Action by State. In all actions commenced or to be commenced for and on behalf of the people of this state, or the governor thereof, or for or on behalf of any county of this state, or in the name of any person for the use of the people of this state, or any county, then and in every such case, if the plaintiff recovers in such action, the plaintiff shall recover costs as any other person in like cases; but if the action is voluntarily dismissed by the plaintiff or is dismissed for want of prosecution or judgment is entered against the plaintiff, the defendant shall not recover any costs whatever. 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. Nothing in this section contained shall extend to any popular action, nor to any action to be prosecuted by any person in behalf of himself or herself and the people or a county, upon any penal statute.

(Source: P.A. 83-707.)

Section 99. Effective date. This Act takes effect upon becoming law.