Full Text of SB3234 97th General Assembly
SB3234sam001 97TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 3/8/2012
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| 1 | | AMENDMENT TO SENATE BILL 3234
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3234 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Consumer Installment Loan Act is amended by | 5 | | adding 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 | 9 | | business and in each headquarters a written policy regarding | 10 | | the filing and handling of collection actions against | 11 | | consumers. The policy shall include a provision regarding | 12 | | consumers who fail to appear at a court-ordered hearing. The | 13 | | written policy shall provide that the licensee shall instruct | 14 | | all counsel representing the licensee not to request or | 15 | | otherwise seek writs of body attachment or other orders causing | 16 | | the arrest of a consumer except under extraordinary |
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| 1 | | circumstances. Extraordinary circumstances shall exist when | 2 | | the consumer (1) has repeatedly failed to appear without | 3 | | notifying the court or the licensee's counsel and despite | 4 | | having received actual notice of the duty to appear or (2) is | 5 | | alleged to have engaged in fraud or the willful concealment of | 6 | | assets. | 7 | | (b) A licensee shall abide by the policy developed pursuant | 8 | | to subsection (a). Failure to develop, maintain, or abide by | 9 | | the policy shall constitute a violation of this Act. | 10 | | (c) A licensee shall maintain records on all cases in which | 11 | | the licensee is the plaintiff and the court orders a writ of | 12 | | body attachment. These records shall include the complaint | 13 | | filed in court by the plaintiff or its agent, the amount of the | 14 | | debt, whether the attachment was delivered to the sheriff for | 15 | | service, whether the attachment was served, the date on which | 16 | | the consumer was taken into custody, the date on which the | 17 | | consumer was released from custody, the amount of the bond | 18 | | required by the court, and the amount of the bond, if any, | 19 | | tendered to the licensee. A licensee shall provide an annual | 20 | | report to the Department containing the information required by | 21 | | this subsection. If the licensee or its agent has filed no | 22 | | cases in which body attachments were ordered, no report shall | 23 | | be submitted to the Department. | 24 | | Section 10. The Collection Agency Act is amended by adding | 25 | | Section 8d as follows: |
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| 1 | | (225 ILCS 425/8d new) | 2 | | Sec. 8d. Debtor incarceration prevention. | 3 | | (a) A licensee shall develop and maintain in each place of | 4 | | business and in each headquarters a written policy regarding | 5 | | the filing and handling of collection actions against debtors. | 6 | | The policy shall include a provision regarding debtors who fail | 7 | | to appear at a court-ordered hearing. The written policy shall | 8 | | provide that the licensee shall instruct all counsel | 9 | | representing the licensee not to request or otherwise seek | 10 | | writs of body attachment or other orders causing the arrest of | 11 | | a debtor except under extraordinary circumstances. | 12 | | Extraordinary circumstances shall exist when the debtor (1) has | 13 | | repeatedly failed to appear without notifying the court or the | 14 | | licensee's counsel and despite having received actual notice of | 15 | | the duty to appear or (2) is alleged to have engaged in fraud | 16 | | or the willful concealment of assets. | 17 | | (b) A licensee shall abide by the policy developed pursuant | 18 | | to subsection (a). Failure to develop, maintain, or abide by | 19 | | the policy shall constitute a violation of this Act. | 20 | | (c) A licensee shall maintain records on all cases in which | 21 | | the licensee is the plaintiff and the court orders a writ of | 22 | | body attachment. These records shall include the complaint | 23 | | filed in court by the plaintiff or its agent, the amount of the | 24 | | debt, whether the attachment was delivered to the sheriff for | 25 | | service, whether the attachment was served, the date on which |
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| 1 | | the debtor was taken into custody, the date on which the debtor | 2 | | was released from custody, the amount of the bond required by | 3 | | the court, and the amount of the bond, if any, tendered to the | 4 | | licensee. A licensee shall provide an annual report to the | 5 | | Department containing the information required by this | 6 | | subsection. If the licensee or its agent has filed no cases in | 7 | | which body attachments were ordered, no report shall be | 8 | | submitted to the Department. | 9 | | Section 15. The Payday Loan Reform Act is amended by adding | 10 | | Section 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 | 14 | | business and in each headquarters a written policy regarding | 15 | | the filing and handling of collection actions against | 16 | | consumers. The policy shall include a provision regarding | 17 | | consumers who fail to appear at a court-ordered hearing. The | 18 | | written policy shall provide that the licensee shall instruct | 19 | | all counsel representing the licensee not to request or | 20 | | otherwise seek writs of body attachment or other orders causing | 21 | | the arrest of a consumer except under extraordinary | 22 | | circumstances. Extraordinary circumstances shall exist when | 23 | | the consumer (1) has repeatedly failed to appear without | 24 | | notifying the court or the licensee's counsel and despite |
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| 1 | | having received actual notice of the duty to appear or (2) is | 2 | | alleged to have engaged in fraud or the willful concealment of | 3 | | assets. | 4 | | (b) A licensee shall abide by the policy developed pursuant | 5 | | to subsection (a). Failure to develop, maintain, or abide by | 6 | | the policy shall constitute a violation of this Act. | 7 | | (c) A licensee shall maintain records on all cases in which | 8 | | the licensee is the plaintiff and the court orders a writ of | 9 | | body attachment. These records shall include the complaint | 10 | | filed in court by the plaintiff or its agent, the amount of the | 11 | | debt, whether the attachment was delivered to the sheriff for | 12 | | service, whether the attachment was served, the date on which | 13 | | the consumer was taken into custody, the date on which the | 14 | | consumer was released from custody, the amount of the bond | 15 | | required by the court, and the amount of the bond, if any, | 16 | | tendered to the licensee. A licensee shall provide an annual | 17 | | report to the Department containing the information required by | 18 | | this subsection. If the licensee or its agent has filed no | 19 | | cases in which body attachments were ordered, no report shall | 20 | | be submitted to the Department.
| 21 | | Section 99. Effective date. This Act takes effect January | 22 | | 1, 2013.".
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