SB2829 EngrossedLRB098 17209 HEP 52301 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 5-120 as follows:
6    (735 ILCS 5/5-120)  (from Ch. 110, par. 5-120)
7    Sec. 5-120. Affirmance or reversal on appeal.
8    (a) If any person takes an appeal to review the judgment of
9any other court, and the judgment is affirmed or the appeal is
10dismissed, the appellee shall recover costs, which may be
11collected in the same manner as judgments for the payment of
12money are enforced; and if the judgment is reversed, the
13appellant shall recover costs, which may be collected in the
14same manner as judgments for the payment of money are enforced.
15    (b) In any successful appeal under Article III of this Code
16of an adverse decision by a Code Hearing Unit of a municipality
17that imposes a fine or penalty, the court may award the
18plaintiff all reasonable costs, including court costs and
19attorney's fees, associated with the appeal. If the court finds
20the decision by the municipality was clearly erroneous or that
21the plaintiff's rights to due process were abridged, the court
22may award the plaintiff all reasonable costs associated with
23the entire case dating back to the inception of the



SB2829 Engrossed- 2 -LRB098 17209 HEP 52301 b

1administrative proceeding. This subsection does not apply in
2municipalities where the Code Hearing Department was
3established pursuant to Division 2.1 of Article 1 of the
4Illinois Municipal Code.
5(Source: P.A. 82-280.)