Illinois 94th Regular Session Status: Passed Senate

SB 97 — CD OF CIV PRO-PROCEEDINGS

Last action — Session Sine Die

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Code of Civil Procedure. Increases the allowable amount of an estate of homestead property used as a residence from $7,500 to $15,000 for an individual and from $15,000 to $30,000 for 2 or more individuals. In the Sections concerning exemptions from judgment, attachment, or distress for rent, increases the allowable amount of personal property owned by the debtor from $2,000 to $4,000, the debtor's equity interest in any one motor vehicle from $1,200 to $2,400, and the value of implements, professional books, or tools of the trade of the debtor from $750 to $1,500.

Bill Text

What changed in the latest version

18 added · 46 removed

Plain-language change summary

The updated version of SB 97 significantly increases the exemptions for homestead property, allowing individuals to protect up to $15,000 and married couples or groups to protect up to $30,000. It also doubles the amount of personal property one can exempt from $2,000 to $4,000 and raises the limit on equity in a single motor vehicle from $1,200 to $2,400. These changes are important because they provide greater financial protection for individuals and families facing economic hardships, helping them to retain essential property in difficult times.

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*LRB09403451LCB33454b* SB0097 94TH GENERAL ASSEMBLY State of Illinois and 2006 SB0097 Introduced 1/26/2005, by Sen.
SB0097 Engrossed LRB094 03451 LCB 33454 b AN ACT concerning civil procedure.
Ira I.
Silverstein SYNOPSIS AS INTRODUCED:
ILCS 5/2-1402 from Ch.
110, par.
2-1402 ILCS 5/12-705 from Ch.
110, par.
12-705 ILCS 5/12-901 from Ch.
110, par.
12-901 ILCS 5/12-904 from Ch.
110, par.
12-904 ILCS 5/12-906 from Ch.
110, par.
12-906 ILCS 5/12-909 from Ch.
110, par.
12-909 ILCS 5/12-910 from Ch.
110, par.
12-910 ILCS 5/12-911 from Ch.
110, par.
12-911 ILCS 5/12-912 from Ch.
110, par.
12-912 ILCS 5/12-1001 from Ch.
110, par.
12-1001 Amends the Code of Civil Procedure.
Increases the allowable amount of an estate of homestead property used as a residence from $7,500 to $15,000 for an individual and from $15,000 to $30,000 for 2 or more individuals.
In the Sections concerning exemptions from judgment, attachment, or distress for rent, increases the allowable amount of personal property owned by the debtor from $2,000 to $4,000, the debtor’s equity interest in any one motor vehicle from $1,200 to $2,400, and the value of implements, professional books, or tools of the trade of the debtor from $750 to $1,500.
LRB094 03451 LCB 33454 b A BILL FOR SB0097 LRB094 03451 LCB 33454 b AN ACT concerning civil procedure.
(b) Any citation served upon a judgment debtor or any other SB0097 - 2 - LRB094 03451 LCB 33454 b person shall include a certification by the attorney for the judgment creditor or the judgment creditor setting forth the amount of the judgment, the date of the judgment, or its revival date, the balance due thereon, the name of the court, and the number of the case, and a copy of the citation notice required by this subsection.
(b) Any citation served upon a judgment debtor or any other SB0097 Engrossed - 2 - LRB094 03451 LCB 33454 b person shall include a certification by the attorney for the judgment creditor or the judgment creditor setting forth the amount of the judgment, the date of the judgment, or its revival date, the balance due thereon, the name of the court, and the number of the case, and a copy of the citation notice required by this subsection.
The citation directs that person to appear in court to be examined for the purpose of allowing the judgment SB0097 - 3 - LRB094 03451 LCB 33454 b creditor to discover income and assets belonging to the judgment debtor or in which the judgment debtor has an interest.
The citation directs that person to appear in court to be examined for the purpose of allowing the judgment SB0097 Engrossed - 3 - LRB094 03451 LCB 33454 b creditor to discover income and assets belonging to the judgment debtor or in which the judgment debtor has an interest.
(4) Under federal law, the amount of wages that may be applied toward a judgment is limited to the lesser of (i) SB0097 - 4 - LRB094 03451 LCB 33454 b 25% of disposable earnings for a week or (ii) the amount by which disposable earnings for a week exceed 30 times the federal minimum hourly wage.
(4) Under federal law, the amount of wages that may be applied toward a judgment is limited to the lesser of (i) SB0097 Engrossed - 4 - LRB094 03451 LCB 33454 b 25% of disposable earnings for a week or (ii) the amount by which disposable earnings for a week exceed 30 times the federal minimum hourly wage.
provided that the SB0097 - 5 - LRB094 03451 LCB 33454 b judgment debtor shall not be compelled to pay income which would be considered exempt as wages under the Wage Deduction Statute.
provided that the SB0097 Engrossed - 5 - LRB094 03451 LCB 33454 b judgment debtor shall not be compelled to pay income which would be considered exempt as wages under the Wage Deduction Statute.
(d) No order or judgment shall be entered under subsection (c) in favor of the judgment creditor unless there appears of record a certification of mailing showing that a copy of the SB0097 - 6 - LRB094 03451 LCB 33454 b citation and a copy of the citation notice was mailed to the judgment debtor as required by subsection (b).
(d) No order or judgment shall be entered under subsection (c) in favor of the judgment creditor unless there appears of record a certification of mailing showing that a copy of the SB0097 Engrossed - 6 - LRB094 03451 LCB 33454 b citation and a copy of the citation notice was mailed to the judgment debtor as required by subsection (b).
The injunction order shall remain in effect until vacated by SB0097 - 7 - LRB094 03451 LCB 33454 b the court or until the proceeding is terminated, whichever first occurs.
The injunction order shall remain in effect until vacated by SB0097 Engrossed - 7 - LRB094 03451 LCB 33454 b the court or until the proceeding is terminated, whichever first occurs.
The clerk of the court will obtain a prompt hearing date from the court and will provide the necessary SB0097 - 8 - LRB094 03451 LCB 33454 b forms that must be prepared by the judgment debtor or the attorney for the judgment debtor and sent to the judgment creditor, or the judgment creditor’s attorney, regarding the time and location of the hearing.
The clerk of the court will obtain a prompt hearing date from the court and will provide the necessary SB0097 Engrossed - 8 - LRB094 03451 LCB 33454 b forms that must be prepared by the judgment debtor or the attorney for the judgment debtor and sent to the judgment creditor, or the judgment creditor’s attorney, regarding the time and location of the hearing.
(n) If any provision of this Act or its application to any SB0097 - 9 - LRB094 03451 LCB 33454 b person or circumstance is held invalid, the invalidity of that provision or application does not affect the provisions or applications of the Act that can be given effect without the invalid provision or application.
(n) If any provision of this Act or its application to any SB0097 Engrossed - 9 - LRB094 03451 LCB 33454 b person or circumstance is held invalid, the invalidity of that provision or application does not affect the provisions or applications of the Act that can be given effect without the invalid provision or application.
The court has issued a garnishment summons against SB0097 - 10 - LRB094 03451 LCB 33454 b the garnishee named above for money or property (other than wages) belonging to the judgment debtor or in which the judgment debtor has an interest.
The court has issued a garnishment summons against SB0097 Engrossed - 10 - LRB094 03451 LCB 33454 b the garnishee named above for money or property (other than wages) belonging to the judgment debtor or in which the judgment debtor has an interest.
The Clerk SB0097 - 11 - LRB094 03451 LCB 33454 b of the Court will provide a hearing date and the necessary forms that must be prepared by the judgment debtor or the attorney for the judgment debtor and sent to the judgment creditor and the garnishee regarding the time and location of the hearing.
The Clerk SB0097 Engrossed - 11 - LRB094 03451 LCB 33454 b of the Court will provide a hearing date and the necessary forms that must be prepared by the judgment debtor or the attorney for the judgment debtor and sent to the judgment creditor and the garnishee regarding the time and location of the hearing.
(c) In a county with a population of less than 1,000,000, SB0097 - 12 - LRB094 03451 LCB 33454 b unless otherwise provided by circuit court rule, at the request of the judgment creditor or his or her attorney and instead of personal service, service of a summons for garnishment may be made as follows:
(c) In a county with a population of less than 1,000,000, SB0097 Engrossed - 12 - LRB094 03451 LCB 33454 b unless otherwise provided by circuit court rule, at the request of the judgment creditor or his or her attorney and instead of personal service, service of a summons for garnishment may be made as follows:
SB0097 - 13 - LRB094 03451 LCB 33454 b (4) The clerk shall note the fact of service in a permanent record.
SB0097 Engrossed - 13 - LRB094 03451 LCB 33454 b (4) The clerk shall note the fact of service in a permanent record.
but if a conveyance is made by an individual as grantor to his or her spouse, such conveyance shall be effectual to pass the title expressed therein to be conveyed thereby, whether or not the grantor in SB0097 - 14 - LRB094 03451 LCB 33454 b such conveyance is joined therein by his or her spouse.
but if a conveyance is made by an individual as grantor to his or her spouse, such conveyance shall be effectual to pass the title expressed therein to be conveyed thereby, whether or not the grantor in SB0097 Engrossed - 14 - LRB094 03451 LCB 33454 b such conveyance is joined therein by his or her spouse.
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If in the opinion of the judgment creditors, or the officer holding a SB0097 - 15 - LRB094 03451 LCB 33454 b certified copy of a judgment for enforcement against such individuals, the premises claimed by him or her as exempt are worth more than $15,000 $7,500, such officer shall summon 3 individuals, as commissioners, who shall, upon oath, to be administered to them by the officer, appraise the premises, and if, in their opinion, the property may be divided without damage to the interest of the parties, they shall set off so much of the premises, including the dwelling house, as in their opinion is worth $15,000 $7,500, and the residue of the premises may be advertised and sold by such officer.
If in the opinion of the judgment creditors, or the officer holding a SB0097 Engrossed - 15 - LRB094 03451 LCB 33454 b certified copy of a judgment for enforcement against such individuals, the premises claimed by him or her as exempt are worth more than $15,000 $7,500, such officer shall summon 3 individuals, as commissioners, who shall, upon oath, to be administered to them by the officer, appraise the premises, and if, in their opinion, the property may be divided without damage to the interest of the parties, they shall set off so much of the premises, including the dwelling house, as in their opinion is worth $15,000 $7,500, and the residue of the premises may be advertised and sold by such officer.
In case the value of the premises is, in the opinion of the commissioners, more than $15,000 $7,500, and cannot be divided as is provided for in Section 12-910 of this Act, they shall make and sign an appraisal of the value thereof, and deliver the same to the officer, who shall deliver a copy thereof to the judgment debtor, or to some one of the family of the age of 13 years or upwards, with a notice thereto attached that unless the judgment debtor pays to such officer the surplus over and above SB0097 - 16 - LRB094 03451 LCB 33454 b $15,000 $7,500 on the amount due on the judgment within 60 days thereafter, such premises will be sold.
In case the value of the premises is, in the opinion of the commissioners, more than $15,000 $7,500, and cannot be divided as is provided for in Section 12-910 of this Act, they shall make and sign an appraisal of the value thereof, and deliver the same to the officer, who shall deliver a copy thereof to the judgment debtor, or to some one of the family of the age of 13 years or upwards, with a notice thereto attached that unless the judgment debtor pays to such officer the surplus over and above SB0097 Engrossed - 16 - LRB094 03451 LCB 33454 b $15,000 $7,500 on the amount due on the judgment within 60 days thereafter, such premises will be sold.
(f) All proceeds payable because of the death of the insured and the aggregate net cash value of any or all life insurance and endowment policies and annuity contracts payable to a wife or husband of the insured, or to a child, parent, or other person dependent upon the insured, whether the power to change the beneficiary is reserved to the insured or not and whether the insured or the insured’s SB0097 - 17 - LRB094 03451 LCB 33454 b estate is a contingent beneficiary or not;
(f) All proceeds payable because of the death of the insured and the aggregate net cash value of any or all life insurance and endowment policies and annuity contracts payable to a wife or husband of the insured, or to a child, parent, or other person dependent upon the insured, whether the power to change the beneficiary is reserved to the insured or not and whether the insured or the insured’s SB0097 Engrossed - 17 - LRB094 03451 LCB 33454 b estate is a contingent beneficiary or not;
and an award or payment and property traceable to an award or payment shall be exempt SB0097 - 18 - LRB094 03451 LCB 33454 b only to the extent of the amount of the award or payment, without interest or appreciation from the date of the award or payment.
and an award or payment and property traceable to an award or payment shall be exempt SB0097 Engrossed - 18 - LRB094 03451 LCB 33454 b only to the extent of the amount of the award or payment, without interest or appreciation from the date of the award or payment.
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Assigned to Executive Committee

  4. Referred to Rules Committee

  5. First Reading

  6. Chief House Sponsor Rep. Sidney H. Mathias

  7. Placed on Calendar Order of First Reading

  8. Arrived in House

  9. Third Reading - Passed; 057-000-000

  10. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  11. Placed on Calendar Order of 3rd Reading March 15, 2005

  12. Second Reading

  13. Placed on Calendar Order of 2nd Reading March 1, 2005

  14. Do Pass Judiciary; 009-000-000

  15. Postponed - Judiciary

  16. Assigned to Judiciary

  17. Referred to Rules

  18. First Reading

  19. Filed with Secretary by Sen. Ira I. Silverstein

Sponsors

  • Ira I. Silverstein · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Ira I. Silverstein

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 51002
Democrat 5000
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Garrett — Yea
Halvorson — Yea
Lauzen — Yea
Munoz — Yea
Link — Yea
Brady — Yea
Luechtefeld — Yea
Sullivan, D. — Yea
Meeks — Yea
Sullivan, J. — Yea
Petka — Yea
Peterson — Yea
Schoenberg — Yea
Shadid — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Sieben — Yea
Silverstein — Yea
Demuzio — Yea
Trotter — Yea
Jacobs — Not Voting
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Wojcik — Not Voting
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Geo-Karis — Yea
Haine — Yea
Hendon — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

housing labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 97 do?
Amends the Code of Civil Procedure. Increases the allowable amount of an estate of homestead property used as a residence from $7,500 to $15,000 for an individual and from $15,000 to $30,000 for 2 or more individuals. In the Sections concerning exemptions from judgment, attachment, or distress for rent, increases the allowable amount of personal property owned by the debtor from $2,000 to $4,000, the debtor's equity interest in any one motor vehicle from $1,200 to $2,400, and the value of implements, professional books, or tools of the trade of the debtor from $750 to $1,500.
Who sponsors SB 97?
SB 97 is sponsored by Ira I. Silverstein.
What is the current status of SB 97?
This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 97?
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