Bill Text: IL SB0242 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Eviction Article of the Code of Civil Procedure. Repeals language regarding the discretionary sealing of court files and the mandatory sealing of court files. Requires the court to automatically order the impounding of any court file in a residential eviction action when: the parties agree to impound the court file; the court dismisses the case; either party files a satisfaction of judgment; the court enters judgment in favor of the tenant; or the court enters an eviction order against the tenant, but the complaint does not allege a material violation of the lease. Requires the court to order the impounding of any court file in a residential eviction action if the interests of justice in impounding the court file outweigh the public interest in maintaining a public record. Requires court files relating to the termination of bona fide leases in residential real estate in foreclosure and the right to possession to be impounded or placed under seal. Sets forth impounding requirements for residential eviction cases initiated prior to the effective date of the amendatory Act. Allows a scholarly, public policy, or court reform agency or educational, journalistic, or governmental body to access all impounded files. Provides that any person who disseminates a sealed or impounded court file is liable for a civil penalty of $2,000 or twice the actual and consequential damages, whichever is greater. Allows the Attorney General to enforce a violation of the provisions under the Consumer Fraud and Deceptive Business Practices Act. Sets forth notice requirements for the court when a plaintiff has not further prosecuted an eviction action for a period of 180 days. Allows for the dismissal of such a case if the plaintiff fails to take further action after such notice is received. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2023-03-21 - Added as Co-Sponsor Sen. Ann Gillespie [SB0242 Detail]

Download: Illinois-2023-SB0242-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0242 Introduced 1/31/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
735 ILCS 5/9-121
735 ILCS 5/9-123 new
815 ILCS 505/2z.6 new
Amends the Eviction Article of the Code of Civil Procedure. Repeals language regarding the discretionary sealing of court files and the mandatory sealing of court files. Requires the court to automatically order the impounding of any court file in a residential eviction action when: the parties agree to impound the court file; the court dismisses the case; either party files a satisfaction of judgment; the court enters judgment in favor of the tenant; or the court enters an eviction order against the tenant, but the complaint does not allege a material violation of the lease. Requires the court to order the impounding of any court file in a residential eviction action if the interests of justice in impounding the court file outweigh the public interest in maintaining a public record. Requires court files relating to the termination of bona fide leases in residential real estate in foreclosure and the right to possession to be impounded or placed under seal. Sets forth impounding requirements for residential eviction cases initiated prior to the effective date of the amendatory Act. Allows a scholarly, public policy, or court reform agency or educational, journalistic, or governmental body to access all impounded files. Provides that any person who disseminates a sealed or impounded court file is liable for a civil penalty of $2,000 or twice the actual and consequential damages, whichever is greater. Allows the Attorney General to enforce a violation of the provisions under the Consumer Fraud and Deceptive Business Practices Act. Sets forth notice requirements for the court when a plaintiff has not further prosecuted an eviction action for a period of 180 days. Allows for the dismissal of such a case if the plaintiff fails to take further action after such notice is received. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.
LRB103 05937 LNS 50958 b
A BILL FOR
SB0242 LRB103 05937 LNS 50958 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
changing Section 9-121 and by adding Section 9-123 as follows:
(735 ILCS 5/9-121)
Sec. 9-121. Impounding Sealing of court file.
(a) Definition. As used in this Section: ,
"Court "court file" means the court file created when an
eviction action is filed with the court.
"Impound" or "impoundment" means a document or case that
is accessible only to the parties of record on a case;
otherwise, the document or case is only accessible upon order
of court, except that the file is also accessible as provided
in subsection (g).
(b) Without the necessity of motion, the court shall
automatically order the impounding of any court file in a
residential eviction action pending or initiated after the
effective date of this amendatory Act of the 103rd General
Assembly when:
(1) the parties to the eviction action agree to
impound the court file;
(2) the court dismisses the case with or without

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prejudice;
(3) either party files a satisfaction of judgment;
(4) the court enters judgment in favor of the tenant;
or
(5) the court enters an eviction order against the
tenant, but the complaint does not allege a material
violation of the lease. Discretionary sealing of court
file. The court may order that a court file in an eviction
action be placed under seal if the court finds that the
plaintiff's action is sufficiently without a basis in fact
or law, which may include a lack of jurisdiction, that
placing the court file under seal is clearly in the
interests of justice, and that those interests are not
outweighed by the public's interest in knowing about the
record.
(c) The court shall order the impounding of any court file
in a residential eviction action pending or initiated after
the effective date of this amendatory Act of the 103rd General
Assembly if, upon oral or written motion by either party or by
the court's own motion, the interests of justice in impounding
the court file outweigh the public interest in maintaining a
public record. Mandatory sealing of court file. The court file
relating to an eviction action brought against a tenant under
Section 9-207.5 of this Code or as set forth in subdivision
(h)(6) of Section 15-1701 of this Code shall be placed under
seal.

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(d) The court file relating to an eviction action brought
against a tenant under Section 9-207.5 or as set forth in
paragraph (6) of subsection (h) of Section 15-1701 shall be
impounded or placed under seal. This Section is operative on
and after August 1, 2022.
(e) For any residential eviction case initiated 7 or more
years prior to the effective date of this amendatory Act of the
103rd General Assembly, the court shall impound the court file
regardless of the disposition of the case. Thereafter, the
court shall impound the court file if the case was initiated 7
years prior regardless of the disposition of the case.
(f) For any residential eviction case filed less than 7
years before the effective date of this amendatory Act of the
103rd General Assembly, either party may file a motion to
impound the court file. The court shall impound the court file
according to the standards of impounding established in
subsections (b) and (c).
(g) A scholarly, public policy, or court reform agency or
educational, journalistic, or governmental body may access all
impounded files by filing a motion for individual cases or for
a class of cases with the judge presiding over evictions in
that judicial district or county. The presiding judge shall
grant the motion and enter an order of the court to that effect
upon a showing of scholarly, educational, public policy, court
reform, journalistic, or governmental credential and purpose.
Identifying information of the parties shall remain impounded,

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unless the court determines that release of the information is
necessary to fulfill the purpose of the request and the
interests of justice so dictate. Nothing in this subsection
shall permit the release of an impounded court file or the
information contained therein for a commercial purpose. The
public policy agency may include a legal aid provider;
however, the file shall be used only for its public policy
purposes.
(h) Except as provided in subsections (g) and (j), any
person who disseminates a sealed or impounded court file under
this Section, or the information contained therein, for
commercial purposes shall be liable for a civil penalty of
$2,000 or twice the actual and consequential damages
sustained, whichever is greater, as well as the costs of the
action, including reasonable attorney's fees.
(i) The Attorney General may enforce a violation of this
Section as an unlawful practice under the Consumer Fraud and
Deceptive Business Practices Act. All remedies, penalties, and
authority granted to the Attorney General by the Consumer
Fraud and Deceptive Business Practices Act shall be available
to the Attorney General for the enforcement of this Section.
(j) Nothing in this Section prohibits a landlord from
receiving a reference from a previous landlord of a
prospective tenant. Nothing in this Section prohibits a
landlord form providing a reference for a previous or current
tenant to a prospective landlord of that tenant.

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(k) A tenant is not required to report a court record that
is sealed or impounded to a prospective landlord.
(Source: P.A. 102-5, eff. 5-17-21.)
(735 ILCS 5/9-123 new)
Sec. 9-123. Notice and dismissal for failure to prosecute
after 180 days.
(a) If, at any time after the filing of an eviction action,
the plaintiff has not further prosecuted the case for a period
of 180 days, the court shall send to the parties written
notice:
(1) informing the parties of the date of the most
recent action taken by the plaintiff in the case; and
(2) directing the plaintiff to take one of the
following actions not later than 10 business days after
the date of the notice:
(A) further prosecute the case; or
(B) dismiss the case.
(b) If the plaintiff fails to take an action described in
paragraph (2) of subsection (a) within the time prescribed by
paragraph (2) of subsection (a):
(1) the defendant in the eviction action may petition
the court to dismiss the case; or
(2) the court, on the court's own motion, may dismiss
the case.
If the court dismisses the case under this subsection on

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or after the effective date of this amendatory Act of the 103rd
General Assembly, the court, in conjunction with its order of
dismissal, shall issue an order impounding the court file in
accordance with paragraph (2) of subsection (b) of Section
9-121 without further motion of the defendant.
Section 10. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2z.6 as follows:
(815 ILCS 505/2z.6 new)
Sec. 2z.6. Dissemination of a sealed or impounded court
file. A private entity or person who violates Section 9-121 of
the Code of Civil Procedure commits an unlawful practice
within the meaning of this Act.