Illinois General Assembly - Full Text of SB3234
Illinois General Assembly

Previous General Assemblies

Full Text of SB3234  97th General Assembly

SB3234sam001 97TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 3/8/2012

 

 


 

 


 
09700SB3234sam001LRB097 18787 JLS 67262 a

1
AMENDMENT TO SENATE BILL 3234

2    AMENDMENT NO. ______. Amend Senate Bill 3234 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Consumer Installment Loan Act is amended by
5adding Section 19.3 as follows:
 
6    (205 ILCS 670/19.3 new)
7    Sec. 19.3. Debtor incarceration prevention.
8    (a) A licensee shall develop and maintain in each place of
9business and in each headquarters a written policy regarding
10the filing and handling of collection actions against
11consumers. The policy shall include a provision regarding
12consumers who fail to appear at a court-ordered hearing. The
13written policy shall provide that the licensee shall instruct
14all counsel representing the licensee not to request or
15otherwise seek writs of body attachment or other orders causing
16the arrest of a consumer except under extraordinary

 

 

09700SB3234sam001- 2 -LRB097 18787 JLS 67262 a

1circumstances. Extraordinary circumstances shall exist when
2the consumer (1) has repeatedly failed to appear without
3notifying the court or the licensee's counsel and despite
4having received actual notice of the duty to appear or (2) is
5alleged to have engaged in fraud or the willful concealment of
6assets.
7    (b) A licensee shall abide by the policy developed pursuant
8to subsection (a). Failure to develop, maintain, or abide by
9the policy shall constitute a violation of this Act.
10    (c) A licensee shall maintain records on all cases in which
11the licensee is the plaintiff and the court orders a writ of
12body attachment. These records shall include the complaint
13filed in court by the plaintiff or its agent, the amount of the
14debt, whether the attachment was delivered to the sheriff for
15service, whether the attachment was served, the date on which
16the consumer was taken into custody, the date on which the
17consumer was released from custody, the amount of the bond
18required by the court, and the amount of the bond, if any,
19tendered to the licensee. A licensee shall provide an annual
20report to the Department containing the information required by
21this subsection. If the licensee or its agent has filed no
22cases in which body attachments were ordered, no report shall
23be submitted to the Department.
 
24    Section 10. The Collection Agency Act is amended by adding
25Section 8d as follows:
 

 

 

09700SB3234sam001- 3 -LRB097 18787 JLS 67262 a

1    (225 ILCS 425/8d new)
2    Sec. 8d. Debtor incarceration prevention.
3    (a) A licensee shall develop and maintain in each place of
4business and in each headquarters a written policy regarding
5the filing and handling of collection actions against debtors.
6The policy shall include a provision regarding debtors who fail
7to appear at a court-ordered hearing. The written policy shall
8provide that the licensee shall instruct all counsel
9representing the licensee not to request or otherwise seek
10writs of body attachment or other orders causing the arrest of
11a debtor except under extraordinary circumstances.
12Extraordinary circumstances shall exist when the debtor (1) has
13repeatedly failed to appear without notifying the court or the
14licensee's counsel and despite having received actual notice of
15the duty to appear or (2) is alleged to have engaged in fraud
16or the willful concealment of assets.
17    (b) A licensee shall abide by the policy developed pursuant
18to subsection (a). Failure to develop, maintain, or abide by
19the policy shall constitute a violation of this Act.
20    (c) A licensee shall maintain records on all cases in which
21the licensee is the plaintiff and the court orders a writ of
22body attachment. These records shall include the complaint
23filed in court by the plaintiff or its agent, the amount of the
24debt, whether the attachment was delivered to the sheriff for
25service, whether the attachment was served, the date on which

 

 

09700SB3234sam001- 4 -LRB097 18787 JLS 67262 a

1the debtor was taken into custody, the date on which the debtor
2was released from custody, the amount of the bond required by
3the court, and the amount of the bond, if any, tendered to the
4licensee. A licensee shall provide an annual report to the
5Department containing the information required by this
6subsection. If the licensee or its agent has filed no cases in
7which body attachments were ordered, no report shall be
8submitted to the Department.
 
9    Section 15. The Payday Loan Reform Act is amended by adding
10Section 2-21 as follows:
 
11    (815 ILCS 122/2-21 new)
12    Sec. 2-21. Debtor incarceration prevention.
13    (a) A licensee shall develop and maintain in each place of
14business and in each headquarters a written policy regarding
15the filing and handling of collection actions against
16consumers. The policy shall include a provision regarding
17consumers who fail to appear at a court-ordered hearing. The
18written policy shall provide that the licensee shall instruct
19all counsel representing the licensee not to request or
20otherwise seek writs of body attachment or other orders causing
21the arrest of a consumer except under extraordinary
22circumstances. Extraordinary circumstances shall exist when
23the consumer (1) has repeatedly failed to appear without
24notifying the court or the licensee's counsel and despite

 

 

09700SB3234sam001- 5 -LRB097 18787 JLS 67262 a

1having received actual notice of the duty to appear or (2) is
2alleged to have engaged in fraud or the willful concealment of
3assets.
4    (b) A licensee shall abide by the policy developed pursuant
5to subsection (a). Failure to develop, maintain, or abide by
6the policy shall constitute a violation of this Act.
7    (c) A licensee shall maintain records on all cases in which
8the licensee is the plaintiff and the court orders a writ of
9body attachment. These records shall include the complaint
10filed in court by the plaintiff or its agent, the amount of the
11debt, whether the attachment was delivered to the sheriff for
12service, whether the attachment was served, the date on which
13the consumer was taken into custody, the date on which the
14consumer was released from custody, the amount of the bond
15required by the court, and the amount of the bond, if any,
16tendered to the licensee. A licensee shall provide an annual
17report to the Department containing the information required by
18this subsection. If the licensee or its agent has filed no
19cases in which body attachments were ordered, no report shall
20be submitted to the Department.
 
21    Section 99. Effective date. This Act takes effect January
221, 2013.".