96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3631


 
Introduced 2/11/2010, by Sen. Kirk W. Dillard
 
SYNOPSIS AS INTRODUCED:
 		













735 ILCS 5/2-1306 new










    Amends the Code of Civil Procedure by adding a new Section. Provides that in civil litigation under any legal theory, execution of the judgment shall be stayed during appellate review upon the posting of a supersedeas bond set in accordance with law or court rules, except that the total supersedeas bond that is required of all appellants collectively shall not exceed $150,000,000, regardless of the judgment amount. Provides that if an appellee proves that an appellant is dissipating assets outside the  ordinary course of business to avoid payment of a judgment, a court may require the appellant to post a supersedeas bond in an amount up to the total judgment amount. Effective immediately.
















LRB096 20580 AJO 36278 b

















 


 


A BILL FOR









 











SB3631

LRB096 20580 AJO 36278 b






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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Code of Civil Procedure is amended  by adding 
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Section 2-1306 as follows:
 
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    (735 ILCS 5/2-1306  new)
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    Sec. 2-1306. Supersedeas bonds.
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    (a) In civil litigation under any legal theory, execution 
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of the judgment shall be stayed during the entire course of 
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appellate review upon the posting of a supersedeas bond set in 
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accordance with applicable laws or court rules, except that the 
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total supersedeas bond that is required of all appellants 
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collectively shall not exceed $150,000,000, regardless of the 
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amount of the judgment.
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    (b) Notwithstanding subsection (a) of this Section, if an 
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appellee proves by a preponderance of the evidence that an 
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appellant is dissipating assets outside the ordinary course of 
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business to avoid payment of a judgment, a court may require 
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the appellant to post a supersedeas bond in an amount up to the 
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total amount of the judgment.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.