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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>

legislation/us/states/il/104th/sb-1738.md

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+---
+type: "Bill"
+title: "CIV PRO-POST-JUDGMENT RELIEF"
+description: "Amends the Code of Civil Procedure. Changes disclosure in notice provisions to a judgment debtor in a citation to discover assets. Defines \"consumer debt judgment\". Creates an automatic exemption for a judgment debtor against execution in a consumer debt judgment. Provides that \"automatic exemption\" means the right of a judgment debtor, against whom a consumer debt judgment has been entered on or after January 1, 2020, to receive $1,000 of the judgment debtor's equity interest in personal property held in a checking, savings deposit account, or credit union account by a third-party citation respondent or garnishee. Provides that the automatic exemption is part of the judgment debtor's current exemption in any personal property not to exceed $4,000 in value. Makes other changes to personal property exemptions as follows: increases the exemption from $2,400 to $3,600 for a motor vehicle and from $1,500 to $2,250 in any implements, professional books, or tools of the debtor's trade. Increases the homestead exemption from $15,000 to $50,000 for one individual and to $100,000 if 2 or more individuals own the property. Makes changes to the list of items of personal property that are exempt from execution. Changes limitations for a revival of judgment for consumer debt entered before January 1, 2020, for a consumer debt judgment entered into after that date but before the effective date of the amendatory Act, and for a consumer debt judgment entered into after the effective date of the Act. Makes other changes. Amends the Clerks of Courts Act. Prohibits a fee from being charged under the Act for the filing of an appearance by a defendant in a small claim proceeding. Effective January 1, 2026."
+jurisdiction: "us/states/il"
+legislature: "Illinois General Assembly"
+session: "104th"
+identifier: "SB 1738"
+citation: "Illinois SB 1738 (104th)"
+classification: ["bill"]
+subjects: []
+status: "enacted"
+primary_sponsors: ["Jennifer Gong-Gershowitz", "Robert F. Martwick"]
+version_count: 3
+action_count: 33
+vote_count: 4
+first_action: "2025-02-05"
+last_action: "2025-08-01"
+source: "openstates"
+source_identifier: "ocd-bill/b3702a1f-a35a-4bfd-9a99-2da0a7a0c3bf"
+source_url: "https://ilga.gov/Legislation/BillStatus?DocNum=1738&GAID=18&DocTypeID=SB&LegId=160773&SessionID=114"
+source_hash: "c8d64f4f14fd228aff6ff5a3cb9fc360f01139e9592d5002e06d5c85286e3504"
+vintage: "2026-07-01"
+source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
+retrieved_at: "2026-07-06"
+confidence: "reported"
+tags: ["legislation", "bill", "us-il"]
+---
+
+# Illinois SB 1738 (104th) — CIV PRO-POST-JUDGMENT RELIEF
+
+Amends the Code of Civil Procedure. Changes disclosure in notice provisions to a judgment debtor in a citation to discover assets. Defines "consumer debt judgment". Creates an automatic exemption for a judgment debtor against execution in a consumer debt judgment. Provides that "automatic exemption" means the right of a judgment debtor, against whom a consumer debt judgment has been entered on or after January 1, 2020, to receive $1,000 of the judgment debtor's equity interest in personal property held in a checking, savings deposit account, or credit union account by a third-party citation respondent or garnishee. Provides that the automatic exemption is part of the judgment debtor's current exemption in any personal property not to exceed $4,000 in value. Makes other changes to personal property exemptions as follows: increases the exemption from $2,400 to $3,600 for a motor vehicle and from $1,500 to $2,250 in any implements, professional books, or tools of the debtor's trade. Increases the homestead exemption from $15,000 to $50,000 for one individual and to $100,000 if 2 or more individuals own the property. Makes changes to the list of items of personal property that are exempt from execution. Changes limitations for a revival of judgment for consumer debt entered before January 1, 2020, for a consumer debt judgment entered into after that date but before the effective date of the amendatory Act, and for a consumer debt judgment entered into after the effective date of the Act. Makes other changes. Amends the Clerks of Courts Act. Prohibits a fee from being charged under the Act for the filing of an appearance by a defendant in a small claim proceeding. Effective January 1, 2026.
+
+## Version chain
+
+The bill's text revisions, in order — the diff chain from filing to enrollment.
+
+1. **Introduced** (filed) — [source](https://ilga.gov/documents/legislation/104/SB/PDF/10400SB1738.pdf)
+2. **Engrossed** (committee substitute) — [source](https://ilga.gov/documents/legislation/104/SB/PDF/10400SB1738eng.pdf)
+3. **Enrolled** (enrolled) — [source](https://ilga.gov/documents/legislation/104/SB/PDF/10400SB1738enr.pdf)
+
+## Votes
+
+- Judiciary — **8–0** (pass) · upper
+- Third Reading — **109–0** (pass) · lower
+- Third Reading — **56–0** (pass) · upper
+- Third Reading — **19–0** (pass) · lower
+
+## Sponsors
+
+- Jennifer Gong-Gershowitz — primary (person)
+- Robert F. Martwick — primary (person)
+- Daniel Didech — cosponsor (person)
+- Edgar González, Jr. — cosponsor (person)
+- Margaret Croke — cosponsor (person)
+- Maurice A. West, II — cosponsor (person)
+- Michael E. Hastings — cosponsor (person)
+- Robyn Gabel — cosponsor (person)
+- Will Guzzardi — cosponsor (person)
+
+## Timeline
+
+The legislative action history — every referral, reading, and vote.
+
+- **2025-02-05** Filed with Secretary by Sen. Robert F. Martwick `filing`
+- **2025-02-05** First Reading `reading-1`
+- **2025-02-05** Referred to Assignments
+- **2025-02-18** Assigned to Judiciary `referral-committee`
+- **2025-02-27** Added as Chief Co-Sponsor Sen. Michael E. Hastings
+- **2025-03-06** Do Pass Judiciary; 008-000-000
+- **2025-03-06** Placed on Calendar Order of 2nd Reading March 18, 2025 `reading-2`
+- **2025-03-18** Second Reading `reading-2`
+- **2025-03-18** Placed on Calendar Order of 3rd Reading March 19, 2025
+- **2025-04-04** Placed on Calendar Order of 3rd Reading **
+- **2025-04-09** Placed on Calendar Order of 3rd Reading
+- **2025-04-09** Third Reading - Passed; 056-000-000 `passage, reading-3`
+- **2025-04-09** Arrived in House `introduction`
+- **2025-04-09** Chief House Sponsor Rep. Jennifer Gong-Gershowitz
+- **2025-04-09** First Reading `reading-1`
+- **2025-04-09** Referred to Rules Committee
+- **2025-04-17** Assigned to Judiciary - Civil Committee `referral-committee`
+- **2025-04-23** Do Pass / Short Debate Judiciary - Civil Committee; 019-000-000
+- **2025-04-23** Placed on Calendar 2nd Reading - Short Debate `reading-2`
+- **2025-05-14** Second Reading - Short Debate `reading-2`
+- **2025-05-14** Placed on Calendar Order of 3rd Reading - Short Debate
+- **2025-05-20** Added Alternate Chief Co-Sponsor Rep. Daniel Didech
+- **2025-05-20** Added Alternate Chief Co-Sponsor Rep. Margaret Croke
+- **2025-05-20** Added Alternate Chief Co-Sponsor Rep. Maurice A. West, II
+- **2025-05-21** Third Reading - Short Debate - Passed 109-000-000 `passage, reading-3`
+- **2025-05-21** Passed Both Houses
+- **2025-05-21** Added Alternate Co-Sponsor Rep. Will Guzzardi
+- **2025-05-21** Added Alternate Co-Sponsor Rep. Robyn Gabel
+- **2025-05-21** Added Alternate Co-Sponsor Rep. Edgar González, Jr.
+- **2025-06-18** Sent to the Governor `executive-receipt`
+- **2025-08-01** Governor Approved `executive-signature`
+- **2025-08-01** Effective Date January 1, 2026
+- **2025-08-01** Public Act . . . . . . . . . 104-0120 `became-law`
+
+## Source
+
+OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/b3702a1f-a35a-4bfd-9a99-2da0a7a0c3bf`. Confidence: reported (aggregated from official Illinois legislature records).
+