Bill Text: IL HB4384 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Provides that if the court determines that a petition for mandamus is frivolous or patently without merit, it shall dismiss the petition on its own motion. Provides that the order of dismissal is a final judgment and shall be served upon the petitioner by certified mail within 10 days of its entry.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-01-29 - Referred to Rules Committee [HB4384 Detail]

Download: Illinois-2019-HB4384-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4384 Introduced , by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED:
735 ILCS 5/14-110 new
Amends the Code of Civil Procedure. Provides that if the court determines that a petition for mandamus is frivolous or patently without merit, it shall dismiss the petition on its own motion. Provides that the order of dismissal is a final judgment and shall be served upon the petitioner by certified mail within 10 days of its entry.
LRB101 17412 LNS 66819 b
A BILL FOR
HB4384 LRB101 17412 LNS 66819 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by adding
Section 14-110 as follows:
(735 ILCS 5/14-110 new)
Sec. 14-110. Dismissal of frivolous claims. If the court
determines that a petition for mandamus is frivolous or
patently without merit, it shall dismiss the petition on its
own motion, in a written order, specifying the findings of fact
and conclusions of law it made in reaching its decision. The
order of dismissal is a final judgment and shall be served upon
the petitioner by certified mail within 10 days of its entry.