Illinois General Assembly

Previous General Assemblies

 Bill Status of SB2725  95th General Assembly


Short Description:  CIVIL LAW-TECH

Senate Sponsors
Sen. William R. Haine - James A. DeLeo - Kirk W. Dillard

House Sponsors
(Rep. Julie Hamos - John A. Fritchey - Chapin Rose, Fred Crespo, LaShawn K. Ford, Mike Boland, Charles E. Jefferson, Naomi D. Jakobsson, Susana A Mendoza, Paul D. Froehlich, Cynthia Soto and Al Riley)

Last Action
DateChamber Action
  1/13/2009SenateSession Sine Die

Statutes Amended In Order of Appearance
765 ILCS 5/30from Ch. 30, par. 29


Synopsis As Introduced
Amends the Conveyances Act. Makes a technical change to a Section concerning deeds, mortgages, and other instruments.

Senate Floor Amendment No. 2
Deletes reference to:
765 ILCS 5/30
Adds reference to:
760 ILCS 5/5.4 new

Deletes everything after the enacting clause. Amends the Trusts and Trustees Act. Provides that a spendthrift trust is created by a settlor who irrevocably transfers property to a trust having at least one State-authorized corporate trustee that provides the income to the settlor as a beneficiary. Provides that neither the principal nor the income of a spendthrift trust may be voluntarily or involuntarily transferred before payment to the settlor as a beneficiary. Provides that the corporate trustee shall materially participate in the trust. Provides that a creditor of the settlor may not satisfy a claim out of a spendthrift trust or the settlor's beneficial interest in that trust. Provides that a spendthrift trust does not prevent a creditor from satisfying a claim out of the trust if: the claim is a judgment or enforceable decision rendered in a judicial, arbitration, or administrative proceeding that was commenced before or within 3 years after the trust is created; the settlor's transfer intentionally defrauded the claimant; the trust allows the settlor to revoke all or part of the trust; the claim is to collect child support, maintenance, marital property, public assistance, or a debt owed to a government; the settlor was insolvent or the transfer rendered the settlor insolvent; and other circumstances. Provides a statute of limitations. Provides that a spendthrift trust is not revoked or terminated by: a power to veto a trust distribution, the right to receive a discretionary distribution determined by another person, and other specified conditions. Provides other details. Provides that the Illinois courts have exclusive jurisdiction over any action concerning these provisions. Makes other changes.

House Committee Amendment No. 1
Deletes reference to:
760 ILCS 5/5.4 new
Adds reference to:
735 ILCS 5/15-1106from Ch. 110, par. 15-1106

Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Provides that a complaint to foreclose a mortgage may not be filed from the effective date of the amendatory Act through the 90th day after its effective date if the subject real estate is residential real estate that is the primary residence of the mortgagor. Provides that any pending mortgage foreclosure action in an Illinois state court is stayed, whether at the pre-judgment, judgment, or post-judgment stage, from the effective date of the amendatory Act through the 90th day after its effective date if the subject real estate is residential real estate that is the primary residence of the mortgagor. Provides that the stay shall include, but not be limited to, any judicial sale or other sale of the subject real estate; report of sale or confirmation of sale of the subject real estate; transfer or acquisition of title to the subject real estate; taking of possession of the subject real estate by the mortgagee; and proceedings against any occupant under the Forcible Entry and Detainer Article of the Code, eviction of the current occupants of the subject real estate, or any other attempt to deny possession to the current occupants of the subject real estate. Provides that the new provisions do not affect the mortgagor's right of redemption or reinstatement, do not affect any of the mortgagor's obligations under any mortgage instrument relating to the subject real estate, and do not affect the ability of a mortgagee to dismiss a complaint for foreclosure. Effective immediately.

Actions 
DateChamber Action
  2/15/2008SenateFiled with Secretary by Sen. Emil Jones, Jr.
  2/15/2008SenateFirst Reading
  2/15/2008SenateReferred to Rules
  3/5/2008SenateAssigned to Executive
  3/12/2008SenateAdded as Chief Co-Sponsor Sen. James A. DeLeo
  3/13/2008SenateDo Pass Executive; 008-005-000
  3/13/2008SenatePlaced on Calendar Order of 2nd Reading April 1, 2008
  4/1/2008SenateSecond Reading
  4/1/2008SenatePlaced on Calendar Order of 3rd Reading April 2, 2008
  4/2/2008SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Emil Jones, Jr.
  4/2/2008SenateSenate Floor Amendment No. 1 Referred to Rules
  4/2/2008SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary Civil Law
  4/3/2008SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary Civil Law; 008-000-000
  4/3/2008SenateChief Sponsor Changed to Sen. William R. Haine
  4/4/2008SenateAdded as Chief Co-Sponsor Sen. Kirk W. Dillard
  4/8/2008SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. William R. Haine
  4/8/2008SenateSenate Floor Amendment No. 2 Referred to Rules
  4/9/2008SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary Civil Law
  4/10/2008SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary Civil Law; 010-000-000
  4/15/2008SenateRecalled to Second Reading
  4/15/2008SenateSenate Floor Amendment No. 1 Adopted; E. Jones
  4/15/2008SenateSenate Floor Amendment No. 1 Motion to Table Amendment - Prevailed Haine
  4/15/2008SenateSenate Floor Amendment No. 1 Tabled Haine
  4/15/2008SenateSenate Floor Amendment No. 2 Adopted; Haine
  4/15/2008SenatePlaced on Calendar Order of 3rd Reading
  4/15/2008SenateThird Reading - Passed; 052-000-000
  4/15/2008HouseArrived in House
  4/15/2008HousePlaced on Calendar Order of First Reading
  4/17/2008HouseChief House Sponsor Rep. John A. Fritchey
  4/17/2008HouseAdded Alternate Chief Co-Sponsor Rep. Chapin Rose
  4/17/2008HouseFirst Reading
  4/17/2008HouseReferred to Rules Committee
  11/13/2008HouseFinal Action Deadline Extended-9(b) November 30, 2008
  11/13/2008HouseAssigned to Consumer Protection Committee
  11/19/2008HouseAlternate Chief Sponsor Changed to Rep. Greg Harris
  11/19/2008HouseAdded Alternate Chief Co-Sponsor Rep. John A. Fritchey
  11/19/2008HouseHouse Committee Amendment No. 1 Filed with Clerk by Consumer Protection Committee
  11/19/2008HouseHouse Committee Amendment No. 1 Adopted in Consumer Protection Committee; by Voice Vote
  11/19/2008HouseDo Pass as Amended / Short Debate Consumer Protection Committee; 007-004-000
  11/19/2008HousePlaced on Calendar 2nd Reading - Short Debate
  11/19/2008HouseAdded Alternate Co-Sponsor Rep. Fred Crespo
  11/19/2008HouseSecond Reading - Short Debate
  11/19/2008HouseAdded Alternate Co-Sponsor Rep. LaShawn K. Ford
  11/19/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  11/19/2008HouseAdded Alternate Co-Sponsor Rep. Mike Boland
  11/19/2008HouseAdded Alternate Co-Sponsor Rep. Charles E. Jefferson
  11/20/2008HouseAdded Alternate Co-Sponsor Rep. Naomi D. Jakobsson
  11/20/2008HouseAdded Alternate Co-Sponsor Rep. Susana A Mendoza
  11/20/2008HouseAdded Alternate Co-Sponsor Rep. Paul D. Froehlich
  11/20/2008HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  11/20/2008HouseAdded Alternate Co-Sponsor Rep. Al Riley
  11/20/2008HouseAlternate Chief Sponsor Changed to Rep. Julie Hamos
  11/30/2008HouseRule 19(a) / Re-referred to Rules Committee
  1/13/2009SenateSession Sine Die

Back To Top