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92_SB1306eng
SB1306 Engrossed LRB9202854DJgc
1 AN ACT in relation to 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 12-803 as follows:
6 (735 ILCS 5/12-803) (from Ch. 110, par. 12-803)
7 Sec. 12-803. Maximum wages subject to collection.
8 (a) This subsection (a) does not apply to an order for a
9 deduction from the wages paid by the Department of
10 Corrections to a person committed to the Department to which
11 subsection (b) applies. The maximum wages, salary,
12 commissions and bonuses subject to collection under a
13 deduction order, for any work week shall not exceed the
14 lesser of (1) 15% of such gross amount paid for that week
15 or (2) the amount by which disposable earnings for a week
16 exceed 45 times the Federal Minimum Hourly Wage prescribed by
17 Section 206(a)(1) of Title 29 of the United States Code, as
18 amended, in effect at the time the amounts are payable. This
19 provision (and no other) applies irrespective of the place
20 where the compensation was earned or payable and the State
21 where the employee resides. No amounts required by law to
22 be withheld may be taken from the amount collected by the
23 creditor. The term "disposable earnings" means that part of
24 the earnings of any individual remaining after the deduction
25 from those earnings of any amounts required by law to be
26 withheld.
27 (b) This subsection (b) applies only to an order for a
28 deduction from the wages paid by the Department of
29 Corrections to an individual committed to the Department.
30 The maximum wages of such an individual subject to collection
31 under a deduction order entered for the purpose of collecting
SB1306 Engrossed -2- LRB9202854DJgc
1 the costs of the individual's prosecution and the amount of
2 any fine or restitution imposed by the court may not exceed
3 50% of the gross wages paid by the Department of Corrections
4 to the individual.
5 (Source: P.A. 87-569.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.
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