95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1501

 

Introduced 2/9/2007, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-805   from Ch. 110, par. 2-805

    Amends the Code of Civil Procedure. In connection with judgments in class actions, provides for payment of amounts to members of a class. Provides that after the class members are paid, any residue plus interest shall be paid to nonprofit organizations that benefit the class or facilitate healthcare services in Illinois. Provides that the Section does not apply to a class action against any public entity or public employee. Provides that the Section does not abrogate any equitable cy pres remedy applicable to a class action residue. Effective immediately.


LRB095 08728 AJO 28911 b

 

 

A BILL FOR

 

SB1501 LRB095 08728 AJO 28911 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Civil Procedure is amended by
5 changing Section 2-805 as follows:
 
6     (735 ILCS 5/2-805)  (from Ch. 110, par. 2-805)
7     Sec. 2-805. Judgments in class cases. Any judgment entered
8 in a class action brought under Section 2-801 of this Act shall
9 be binding on all class members, as the class is defined by the
10 court, except those who have been properly excluded from the
11 class under subsection (b) of Section 2-804 of this Act.
12     Prior to the entry of any judgment in a class action
13 brought under Section 2-801 of this Act, the court shall
14 determine the total amount that will be payable to all class
15 members, if all class members are paid the amount to which they
16 are entitled pursuant to the judgment. The court shall also set
17 a date when the parties shall report to the court the total
18 amount that was actually paid to the class members. After the
19 report is received, the court shall amend the judgment to
20 direct the defendant to pay the sum of the unpaid residue, plus
21 interest on that sum at the legal rate of interest from the
22 date of entry of the initial judgment, to nonprofit
23 organizations or foundations (1) to support projects that will

 

 

SB1501 - 2 - LRB095 08728 AJO 28911 b

1 benefit the class or similarly situated persons, or (2) to
2 promote and facilitate the provision of healthcare services to
3 Illinois residents. This Section shall not apply to any class
4 action brought against the State, any unit of local government,
5 any school district, any other public entity, or any public
6 employee. However, this Section shall not be construed to
7 abrogate any equitable cy pres remedy which may be available in
8 any class action with regard to all or part of the residue.
9 (Source: P.A. 82-280.)
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.