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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:
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| 735 ILCS 5/9-121 | | 735 ILCS 5/9-123 new | | 815 ILCS 505/2z.6 new | |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 9-121 and by adding Section 9-123 as follows:
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| 6 | | (735 ILCS 5/9-121) |
| 7 | | Sec. 9-121. Impounding Sealing of court file. |
| 8 | | (a) Definition. As used in this Section: , |
| 9 | | "Court "court file"
means the court file created when an |
| 10 | | eviction
action is filed with the court. |
| 11 | | "Impound" or "impoundment" means a document or case that |
| 12 | | is accessible only to the parties of record on a case; |
| 13 | | otherwise, the document or case is only accessible upon order |
| 14 | | of court, except that the file is also accessible as provided |
| 15 | | in subsection (g). |
| 16 | | (b) Without the necessity of motion, the court shall |
| 17 | | automatically order the impounding of any court file in a |
| 18 | | residential eviction action pending or initiated after the |
| 19 | | effective date of this amendatory Act of the 103rd General |
| 20 | | Assembly when: |
| 21 | | (1) the parties to the eviction action agree to |
| 22 | | impound the court file; |
| 23 | | (2) the court dismisses the case with or without |
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| 1 | | prejudice; |
| 2 | | (3) either party files a satisfaction of judgment; |
| 3 | | (4) the court enters judgment in favor of the tenant; |
| 4 | | or |
| 5 | | (5) the court enters an eviction order against the |
| 6 | | tenant, but the complaint does not allege a material |
| 7 | | violation of the lease. Discretionary sealing of court |
| 8 | | file. The court may
order that a court file in an eviction |
| 9 | | action
be placed under seal if the court finds that the |
| 10 | | plaintiff's
action is sufficiently without a basis in fact |
| 11 | | or law, which
may include a lack of jurisdiction, that |
| 12 | | placing the court file
under seal is clearly in the |
| 13 | | interests of justice, and that
those interests are not |
| 14 | | outweighed by the public's interest in
knowing about the |
| 15 | | record. |
| 16 | | (c) The court shall order the impounding of any court file |
| 17 | | in a residential eviction action pending or initiated after |
| 18 | | the effective date of this amendatory Act of the 103rd General |
| 19 | | Assembly if, upon oral or written motion by either party or by |
| 20 | | the court's own motion, the interests of justice in impounding |
| 21 | | the court file outweigh the public interest in maintaining a |
| 22 | | public record. Mandatory sealing of court file. The court file |
| 23 | | relating to an eviction action brought against a tenant under |
| 24 | | Section 9-207.5 of this Code or as set forth in subdivision |
| 25 | | (h)(6) of Section 15-1701 of this Code shall be placed under |
| 26 | | seal. |
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| 1 | | (d) The court file relating to an eviction action brought |
| 2 | | against a tenant under Section 9-207.5 or as set forth in |
| 3 | | paragraph (6) of subsection (h) of Section 15-1701 shall be |
| 4 | | impounded or placed under seal. This Section is operative on |
| 5 | | and after August 1, 2022.
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| 6 | | (e) For any residential eviction case initiated 7 or more |
| 7 | | years prior to the effective date of this amendatory Act of the |
| 8 | | 103rd General Assembly, the court shall impound the court file |
| 9 | | regardless of the disposition of the case. Thereafter, the |
| 10 | | court shall impound the court file if the case was initiated 7 |
| 11 | | years prior regardless of the disposition of the case. |
| 12 | | (f) For any residential eviction case filed less than 7 |
| 13 | | years before the effective date of this amendatory Act of the |
| 14 | | 103rd General Assembly, either party may file a motion to |
| 15 | | impound the court file. The court shall impound the court file |
| 16 | | according to the standards of impounding established in |
| 17 | | subsections (b) and (c). |
| 18 | | (g) A scholarly, public policy, or court reform agency or |
| 19 | | educational, journalistic, or governmental body may access all |
| 20 | | impounded files by filing a motion for individual cases or for |
| 21 | | a class of cases with the judge presiding over evictions in |
| 22 | | that judicial district or county. The presiding judge shall |
| 23 | | grant the motion and enter an order of the court to that effect |
| 24 | | upon a showing of scholarly, educational, public policy, court |
| 25 | | reform, journalistic, or governmental credential and purpose. |
| 26 | | Identifying information of the parties shall remain impounded, |
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| 1 | | unless the court determines that release of the information is |
| 2 | | necessary to fulfill the purpose of the request and the |
| 3 | | interests of justice so dictate. Nothing in this subsection |
| 4 | | shall permit the release of an impounded court file or the |
| 5 | | information contained therein for a commercial purpose. The |
| 6 | | public policy agency may include a legal aid provider; |
| 7 | | however, the file shall be used only for its public policy |
| 8 | | purposes. |
| 9 | | (h) Except as provided in subsections (g) and (j), any |
| 10 | | person who disseminates a sealed or impounded court file under |
| 11 | | this Section, or the information contained therein, for |
| 12 | | commercial purposes shall be liable for a civil penalty of |
| 13 | | $2,000 or twice the actual and consequential damages |
| 14 | | sustained, whichever is greater, as well as the costs of the |
| 15 | | action, including reasonable attorney's fees. |
| 16 | | (i) The Attorney General may enforce a violation of this |
| 17 | | Section as an unlawful practice under the Consumer Fraud and |
| 18 | | Deceptive Business Practices Act. All remedies, penalties, and |
| 19 | | authority granted to the Attorney General by the Consumer |
| 20 | | Fraud and Deceptive Business Practices Act shall be available |
| 21 | | to the Attorney General for the enforcement of this Section. |
| 22 | | (j) Nothing in this Section prohibits a landlord from |
| 23 | | receiving a reference from a previous landlord of a |
| 24 | | prospective tenant. Nothing in this Section prohibits a |
| 25 | | landlord form providing a reference for a previous or current |
| 26 | | tenant to a prospective landlord of that tenant. |
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| 1 | | (k) A tenant is not required to report a court record that |
| 2 | | is sealed or impounded to a prospective landlord. |
| 3 | | (Source: P.A. 102-5, eff. 5-17-21.)
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| 4 | | (735 ILCS 5/9-123 new) |
| 5 | | Sec. 9-123. Notice and dismissal for failure to prosecute |
| 6 | | after 180 days. |
| 7 | | (a) If, at any time after the filing of an eviction action, |
| 8 | | the plaintiff has not further prosecuted the case for a period |
| 9 | | of 180 days, the court shall send to the parties written |
| 10 | | notice: |
| 11 | | (1) informing the parties of the date of the most |
| 12 | | recent action taken by the plaintiff in the case; and |
| 13 | | (2) directing the plaintiff to take one of the |
| 14 | | following actions not later than 10 business days after |
| 15 | | the date of the notice: |
| 16 | | (A) further prosecute the case; or |
| 17 | | (B) dismiss the case. |
| 18 | | (b) If the plaintiff fails to take an action described in |
| 19 | | paragraph (2) of subsection (a) within the time prescribed by |
| 20 | | paragraph (2) of subsection (a): |
| 21 | | (1) the defendant in the eviction action may petition |
| 22 | | the court to dismiss the case; or |
| 23 | | (2) the court, on the court's own motion, may dismiss |
| 24 | | the case. |
| 25 | | If the court dismisses the case under this subsection on |
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| 1 | | or after the effective date of this amendatory Act of the 103rd |
| 2 | | General Assembly, the court, in conjunction with its order of |
| 3 | | dismissal, shall issue an order impounding the court file in |
| 4 | | accordance with paragraph (2) of subsection (b) of Section |
| 5 | | 9-121 without further motion of the defendant.
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| 6 | | Section 10. The Consumer Fraud and Deceptive Business |
| 7 | | Practices Act is amended by adding Section 2z.6 as follows:
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| 8 | | (815 ILCS 505/2z.6 new) |
| 9 | | Sec. 2z.6. Dissemination of a sealed or impounded court |
| 10 | | file. A private entity or person who violates Section 9-121 of |
| 11 | | the Code of Civil Procedure commits an unlawful practice |
| 12 | | within the meaning of this Act.
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