Fabio
103 lines
7.7 KiB
Markdown
103 lines
7.7 KiB
Markdown
---
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type: "Bill"
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title: "CIV PRO-POST-JUDGMENT RELIEF"
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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."
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jurisdiction: "us/states/il"
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legislature: "Illinois General Assembly"
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session: "104th"
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identifier: "SB 1738"
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citation: "Illinois SB 1738 (104th)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Jennifer Gong-Gershowitz", "Robert F. Martwick"]
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version_count: 3
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action_count: 33
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vote_count: 4
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first_action: "2025-02-05"
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last_action: "2025-08-01"
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source: "openstates"
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source_identifier: "ocd-bill/b3702a1f-a35a-4bfd-9a99-2da0a7a0c3bf"
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source_url: "https://ilga.gov/Legislation/BillStatus?DocNum=1738&GAID=18&DocTypeID=SB&LegId=160773&SessionID=114"
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source_hash: "c8d64f4f14fd228aff6ff5a3cb9fc360f01139e9592d5002e06d5c85286e3504"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-il"]
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---
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# Illinois SB 1738 (104th) — CIV PRO-POST-JUDGMENT RELIEF
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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.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Introduced** (filed) — [source](https://ilga.gov/documents/legislation/104/SB/PDF/10400SB1738.pdf)
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2. **Engrossed** (committee substitute) — [source](https://ilga.gov/documents/legislation/104/SB/PDF/10400SB1738eng.pdf)
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3. **Enrolled** (enrolled) — [source](https://ilga.gov/documents/legislation/104/SB/PDF/10400SB1738enr.pdf)
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## Votes
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- Judiciary — **8–0** (pass) · upper
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- Third Reading — **109–0** (pass) · lower
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- Third Reading — **56–0** (pass) · upper
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- Third Reading — **19–0** (pass) · lower
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## Sponsors
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- Jennifer Gong-Gershowitz — primary (person)
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- Robert F. Martwick — primary (person)
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- Daniel Didech — cosponsor (person)
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- Edgar González, Jr. — cosponsor (person)
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- Margaret Croke — cosponsor (person)
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- Maurice A. West, II — cosponsor (person)
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- Michael E. Hastings — cosponsor (person)
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- Robyn Gabel — cosponsor (person)
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- Will Guzzardi — cosponsor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2025-02-05** Filed with Secretary by Sen. Robert F. Martwick `filing`
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- **2025-02-05** First Reading `reading-1`
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- **2025-02-05** Referred to Assignments
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- **2025-02-18** Assigned to Judiciary `referral-committee`
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- **2025-02-27** Added as Chief Co-Sponsor Sen. Michael E. Hastings
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- **2025-03-06** Do Pass Judiciary; 008-000-000
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- **2025-03-06** Placed on Calendar Order of 2nd Reading March 18, 2025 `reading-2`
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- **2025-03-18** Second Reading `reading-2`
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- **2025-03-18** Placed on Calendar Order of 3rd Reading March 19, 2025
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- **2025-04-04** Placed on Calendar Order of 3rd Reading **
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- **2025-04-09** Placed on Calendar Order of 3rd Reading
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- **2025-04-09** Third Reading - Passed; 056-000-000 `passage, reading-3`
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- **2025-04-09** Arrived in House `introduction`
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- **2025-04-09** Chief House Sponsor Rep. Jennifer Gong-Gershowitz
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- **2025-04-09** First Reading `reading-1`
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- **2025-04-09** Referred to Rules Committee
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- **2025-04-17** Assigned to Judiciary - Civil Committee `referral-committee`
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- **2025-04-23** Do Pass / Short Debate Judiciary - Civil Committee; 019-000-000
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- **2025-04-23** Placed on Calendar 2nd Reading - Short Debate `reading-2`
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- **2025-05-14** Second Reading - Short Debate `reading-2`
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- **2025-05-14** Placed on Calendar Order of 3rd Reading - Short Debate
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- **2025-05-20** Added Alternate Chief Co-Sponsor Rep. Daniel Didech
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- **2025-05-20** Added Alternate Chief Co-Sponsor Rep. Margaret Croke
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- **2025-05-20** Added Alternate Chief Co-Sponsor Rep. Maurice A. West, II
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- **2025-05-21** Third Reading - Short Debate - Passed 109-000-000 `passage, reading-3`
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- **2025-05-21** Passed Both Houses
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- **2025-05-21** Added Alternate Co-Sponsor Rep. Will Guzzardi
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- **2025-05-21** Added Alternate Co-Sponsor Rep. Robyn Gabel
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- **2025-05-21** Added Alternate Co-Sponsor Rep. Edgar González, Jr.
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- **2025-06-18** Sent to the Governor `executive-receipt`
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- **2025-08-01** Governor Approved `executive-signature`
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- **2025-08-01** Effective Date January 1, 2026
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- **2025-08-01** Public Act . . . . . . . . . 104-0120 `became-law`
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## Source
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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).
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