Full Text of HB2782 96th General Assembly
HB2782ham001 96TH GENERAL ASSEMBLY
|
|
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.".
|
|
Translate
