Sen. Terry Link
Filed: 4/4/2014
 
 

 

 

 
09800SB2829sam004LRB098 17209 HEP 58211 a



1
AMENDMENT TO SENATE BILL 2829 




2    AMENDMENT NO. ______. Amend Senate Bill 2829, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


 
 
5    "Section 5. The Code of Civil Procedure is amended  by 
6changing Section 5-120 as follows:
 



7    (735 ILCS 5/5-120)  (from Ch. 110, par. 5-120)



8    Sec. 5-120. Affirmance or reversal on appeal. 
9    (a) If any person takes
an appeal to review the judgment
of 
10any other court, and the judgment is affirmed or the appeal is

11dismissed, the appellee shall recover costs, which may be 
12collected in the
same manner as judgments for the payment of 
13money are enforced;
and if the judgment is reversed, the 
14appellant shall recover
costs, which may be collected in the 
15same manner as judgments for the payment
of money are enforced.

16    (b) In any successful appeal under Article III of this Code

 
 
09800SB2829sam004- 2 -LRB098 17209 HEP 58211 a

1of an adverse decision by a Code Hearing  Unit of a municipality 
2that  imposes a fine or penalty, the court

may award the 
3plaintiff all reasonable costs, including court costs and 
4attorney's fees, associated with the appeal. If the  court finds 
5the decision by the municipality was clearly erroneous or that 
6the plaintiff's rights to due process were abridged, the court 
7may award the plaintiff all reasonable costs associated  with 
8the entire case dating back to the inception of the 
9administrative proceeding. This  subsection does not apply in 
10municipalities where the Code Hearing Department was

11established pursuant to Division 2.1 of Article 1 of the 
12Illinois Municipal Code.
13(Source: P.A. 82-280.)".