SB3631 96TH GENERAL ASSEMBLY

LRB096 20580 AJO 36278 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3631

Introduced 2/11/2010, by Sen. Kirk W. Dillard

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-1306 new

Amends the Code of Civil Procedure by adding a new Section. Provides that in civil litigation under any legal theory, execution of the judgment shall be stayed during appellate review upon the posting of a supersedeas bond set in accordance with law or court rules, except that the total supersedeas bond that is required of all appellants collectively shall not exceed $150,000,000, regardless of the judgment amount. Provides that if an appellee proves that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may require the appellant to post a supersedeas bond in an amount up to the total judgment amount. Effective immediately.

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 2-1306 as follows:

(735 ILCS 5/2-1306 new)

Sec. 2-1306. Supersedeas bonds.

(a) In civil litigation under any legal theory, execution of the judgment shall be stayed during the entire course of appellate review upon the posting of a supersedeas bond set in accordance with applicable laws or court rules, except that the total supersedeas bond that is required of all appellants collectively shall not exceed $150,000,000, regardless of the amount of the judgment.

(b) Notwithstanding subsection (a) of this Section, if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may require the appellant to post a supersedeas bond in an amount up to the total amount of the judgment.

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