State of Illinois
92nd General Assembly
Legislation

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92_HB5126

 
                                               LRB9212113WHcs

 1        AN ACT concerning civil procedure.

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

 4        Section 5.  The Code of Civil  Procedure  is  amended  by
 5    changing Section 2-101 as follows:

 6        (735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
 7        Sec.  2-101.   Generally. Except as otherwise provided in
 8    this Act, every action must be commenced (1) in the county of
 9    residence of any defendant who is joined in  good  faith  and
10    with  probable  cause for the purpose of obtaining a judgment
11    against him or her and not solely for the purpose  of  fixing
12    venue  in  that  county,  or  (2)  in the county in which the
13    transaction or some part thereof occurred out  of  which  the
14    cause of action arose.
15        If  a  check, draft, money order, or other instrument for
16    the payment of child support payable to or delivered  to  the
17    State  Disbursement  Unit  established under Section 10-26 of
18    the Illinois Public Aid Code  is  returned  by  the  bank  or
19    depository  for  any reason, venue for the enforcement of any
20    criminal proceedings or civil cause of  action  for  recovery
21    and  attorney fees shall be in the county where the principal
22    office of the State Disbursement Unit is located.
23        If all defendants  are  nonresidents  of  the  State,  an
24    action may be commenced in any county.
25        If the corporate limits of a city, village or town extend
26    into  more  than  one  county, then the venue of an action or
27    proceeding instituted by that  municipality  to  enforce  any
28    fine,  imprisonment,  penalty  or forfeiture for violation of
29    any ordinance of that municipality, regardless of the  county
30    in  which  the violation was committed or occurred, may be in
31    the appropriate court (i) in the county in which wherein  the
 
                            -2-                LRB9212113WHcs
 1    office of the clerk of the municipality is located or (ii) in
 2    any  county in which at least 35% of the territory within the
 3    municipality's corporate limits is located.
 4    (Source: P.A. 91-212, eff. 7-20-99.)

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