State of Illinois
90th General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


      735 ILCS 5/2-603          from Ch. 110, par. 2-603
          Amends the Civil Practice Law within the  Code  of  Civil
      Procedure.    Makes stylistic changes in a Section concerning
SB1432 Enrolled                                LRB9011379DJcd
 1        AN ACT to amend the Criminal Code  of  1961  by  changing
 2    Section 17-1a.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Criminal  Code  of  1961  is  amended  by
 6    changing Section 17-1a as follows:
 7        (720 ILCS 5/17-1a) (from Ch. 38, par. 17-1a)
 8        Sec.  17-1a.  Civil Liability for Deceptive Practices.  A
 9    person who issues a check or order to a payee in violation of
10    Section 17-1(B) (d) and who fails to pay the  amount  of  the
11    check  or  order to the payee within 30 days following either
12    delivery and acceptance by the addressee of a written  demand
13    by  both  certified  mail  and  by  first  class  mail to the
14    person's last  know  address;  or  attempted  delivery  of  a
15    written demand sent by both certified mail and by first class
16    mail  to  the  person's  last known address and the demand by
17    certified mail is returned to the sender with a notation that
18    delivery was refused or unclaimed, shall  be  liable  to  the
19    payee  or a person subrogated to the rights of the payee for,
20    in addition to the amount owing upon  such  check  or  order,
21    damages  of  treble  the amount so owing, but in no case less
22    than $100 nor more than $1,500, plus attorney fees and  court
23    costs.
24        A  cause  of  action under this Section may be brought in
25    small claims court or in any  other  appropriate  court.   As
26    part  of  the  written  demand  required by this Section, the
27    plaintiff shall provide written notice to  the  defendant  of
28    the  fact  that prior to the hearing of any action under this
29    Section, the defendant may tender to the  plaintiff  and  the
30    plaintiff  shall  accept  as  satisfaction  of  the claim, an
31    amount of money equal to the sum of the amount of  the  check
SB1432 Enrolled             -2-                LRB9011379DJcd
 1    and the incurred court costs, and service and attorney fees.
 2    (Source: P.A. 89-378, eff. 8-18-95; 90-227, eff. 1-1-98.)

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