Illinois General Assembly - Full Text of SB2829
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Full Text of SB2829  98th General Assembly


Sen. Terry Link

Filed: 4/4/2014





09800SB2829sam004LRB098 17209 HEP 58211 a


2    AMENDMENT NO. ______. Amend Senate Bill 2829, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Code of Civil Procedure is amended by
6changing Section 5-120 as follows:
7    (735 ILCS 5/5-120)  (from Ch. 110, par. 5-120)
8    Sec. 5-120. Affirmance or reversal on appeal.
9    (a) If any person takes an appeal to review the judgment of
10any other court, and the judgment is affirmed or the appeal is
11dismissed, the appellee shall recover costs, which may be
12collected in the same manner as judgments for the payment of
13money are enforced; and if the judgment is reversed, the
14appellant shall recover costs, which may be collected in the
15same manner as judgments for the payment of money are enforced.
16    (b) In any successful appeal under Article III of this Code



09800SB2829sam004- 2 -LRB098 17209 HEP 58211 a

1of an adverse decision by a Code Hearing Unit of a municipality
2that imposes a fine or penalty, the court may award the
3plaintiff all reasonable costs, including court costs and
4attorney's fees, associated with the appeal. If the court finds
5the decision by the municipality was clearly erroneous or that
6the plaintiff's rights to due process were abridged, the court
7may award the plaintiff all reasonable costs associated with
8the entire case dating back to the inception of the
9administrative proceeding. This subsection does not apply in
10municipalities where the Code Hearing Department was
11established pursuant to Division 2.1 of Article 1 of the
12Illinois Municipal Code.
13(Source: P.A. 82-280.)".