HB2782 Engrossed LRB096 09210 DRJ 19362 b

1     AN ACT concerning State government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Military Code of Illinois is amended by
5 changing Section 30.25 as follows:
 
6     (20 ILCS 1805/30.25)
7     Sec. 30.25. Stay of prosecution. During and for a period of
8 14 days after a period of training or duty in excess of 29 days
9 either under Title 32 of the United States Code or under State
10 Active Duty, a court having jurisdiction over the enforcement
11 of any civil obligation or liability, the prosecution of any
12 civil suit or proceeding, or the entry or enforcement of any
13 civil order, writ, judgment, or decree may stay, postpone, or
14 suspend the matter if the court determines that a person's
15 failure to meet the obligation is the direct result of that
16 period of active duty and the person is a service member
17 deployed within the continental United States. training or
18 duty.
19     During and for a period of 14 days after a period of
20 training or duty in excess of 29 days either under Title 32 of
21 the United States Code or under State Active Duty, a court
22 having jurisdiction over the enforcement of any civil
23 obligation or liability, the prosecution of any civil suit or

 

 

HB2782 Engrossed - 2 - LRB096 09210 DRJ 19362 b

1 proceeding, or the entry or enforcement of any civil order,
2 writ, judgment, or decree shall stay, postpone, or suspend the
3 matter, for a period not to exceed 5 years, if the court
4 determines that the person is a service member deployed outside
5 of the continental United States.
6     The stay, postponement, or suspension of proceedings does
7 not in any way modify any condition, obligation, term, or
8 liability agreed upon or incurred by a person in military
9 service including but not limited to accrued interest, late
10 fees, or penalties. No stay, postponement, or suspension shall
11 be provided regarding any written agreement entered into, or
12 debt that is incurred, by the person during or after his or her
13 period of training or duty either under Title 32 of the United
14 States Code or under State Active Duty.
15 (Source: P.A. 92-716, eff. 7-24-02.)
 
16     Section 99. Effective date. This Act takes effect upon
17 becoming law.