Rep. Robert W. Pritchard

Filed: 3/27/2009

 

 


 

 


 
09600HB2782ham001 LRB096 09210 AJO 24756 a

1
AMENDMENT TO HOUSE BILL 2782

2     AMENDMENT NO. ______. Amend House Bill 2782, by replacing
3 everything after the enacting clause with the following:
 
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

 

 

09600HB2782ham001 - 2 - LRB096 09210 AJO 24756 a

1 deployed within the continental United States. training or
2 duty.
3     During and for a period of 14 days after a period of
4 training or duty in excess of 29 days either under Title 32 of
5 the United States Code or under State Active Duty, a court
6 having jurisdiction over the enforcement of any civil
7 obligation or liability, the prosecution of any civil suit or
8 proceeding, or the entry or enforcement of any civil order,
9 writ, judgment, or decree shall stay, postpone, or suspend the
10 matter, for a period not to exceed 5 years, if the court
11 determines that the person is a service member deployed outside
12 of the continental United States.
13 The stay, postponement, or suspension of proceedings does not
14 in any way modify any condition, obligation, term, or liability
15 agreed upon or incurred by a person in military service
16 including but not limited to accrued interest, late fees, or
17 penalties. No stay, postponement, or suspension shall be
18 provided regarding any written agreement entered into, or debt
19 that is incurred, by the person during or after his or her
20 period of training or duty either under Title 32 of the United
21 States Code or under State Active Duty.
22 (Source: P.A. 92-716, eff. 7-24-02.)
 
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.".