Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0242 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0242 Introduced 1/31/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 735 ILCS 5/9-121735 ILCS 5/9-123 new815 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 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0242 Introduced 1/31/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 735 ILCS 5/9-121735 ILCS 5/9-123 new815 ILCS 505/2z.6 new 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 LRB103 05937 LNS 50958 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0242 Introduced 1/31/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
3	3	735 ILCS 5/9-121735 ILCS 5/9-123 new815 ILCS 505/2z.6 new 735 ILCS 5/9-121 735 ILCS 5/9-123 new 815 ILCS 505/2z.6 new
4	4	735 ILCS 5/9-121
5	5	735 ILCS 5/9-123 new
6	6	815 ILCS 505/2z.6 new
7	7	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.
8	8	LRB103 05937 LNS 50958 b LRB103 05937 LNS 50958 b
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10	10	A BILL FOR
11	11	SB0242LRB103 05937 LNS 50958 b SB0242 LRB103 05937 LNS 50958 b
12	12	SB0242 LRB103 05937 LNS 50958 b
13	13	1 AN ACT concerning civil law.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Code of Civil Procedure is amended by
17	17	5 changing Section 9-121 and by adding Section 9-123 as follows:
18	18	6 (735 ILCS 5/9-121)
19	19	7 Sec. 9-121. Impounding Sealing of court file.
20	20	8 (a) Definition. As used in this Section: ,
21	21	9 "Court "court file" means the court file created when an
22	22	10 eviction action is filed with the court.
23	23	11 "Impound" or "impoundment" means a document or case that
24	24	12 is accessible only to the parties of record on a case;
25	25	13 otherwise, the document or case is only accessible upon order
26	26	14 of court, except that the file is also accessible as provided
27	27	15 in subsection (g).
28	28	16 (b) Without the necessity of motion, the court shall
29	29	17 automatically order the impounding of any court file in a
30	30	18 residential eviction action pending or initiated after the
31	31	19 effective date of this amendatory Act of the 103rd General
32	32	20 Assembly when:
33	33	21 (1) the parties to the eviction action agree to
34	34	22 impound the court file;
35	35	23 (2) the court dismisses the case with or without
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0242 Introduced 1/31/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
40	40	735 ILCS 5/9-121735 ILCS 5/9-123 new815 ILCS 505/2z.6 new 735 ILCS 5/9-121 735 ILCS 5/9-123 new 815 ILCS 505/2z.6 new
41	41	735 ILCS 5/9-121
42	42	735 ILCS 5/9-123 new
43	43	815 ILCS 505/2z.6 new
44	44	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.
45	45	LRB103 05937 LNS 50958 b LRB103 05937 LNS 50958 b
46	46	LRB103 05937 LNS 50958 b
47	47	A BILL FOR
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53	53	735 ILCS 5/9-121
54	54	735 ILCS 5/9-123 new
55	55	815 ILCS 505/2z.6 new
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74	74	1 prejudice;
75	75	2 (3) either party files a satisfaction of judgment;
76	76	3 (4) the court enters judgment in favor of the tenant;
77	77	4 or
78	78	5 (5) the court enters an eviction order against the
79	79	6 tenant, but the complaint does not allege a material
80	80	7 violation of the lease. Discretionary sealing of court
81	81	8 file. The court may order that a court file in an eviction
82	82	9 action be placed under seal if the court finds that the
83	83	10 plaintiff's action is sufficiently without a basis in fact
84	84	11 or law, which may include a lack of jurisdiction, that
85	85	12 placing the court file under seal is clearly in the
86	86	13 interests of justice, and that those interests are not
87	87	14 outweighed by the public's interest in knowing about the
88	88	15 record.
89	89	16 (c) The court shall order the impounding of any court file
90	90	17 in a residential eviction action pending or initiated after
91	91	18 the effective date of this amendatory Act of the 103rd General
92	92	19 Assembly if, upon oral or written motion by either party or by
93	93	20 the court's own motion, the interests of justice in impounding
94	94	21 the court file outweigh the public interest in maintaining a
95	95	22 public record. Mandatory sealing of court file. The court file
96	96	23 relating to an eviction action brought against a tenant under
97	97	24 Section 9-207.5 of this Code or as set forth in subdivision
98	98	25 (h)(6) of Section 15-1701 of this Code shall be placed under
99	99	26 seal.
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110	110	1 (d) The court file relating to an eviction action brought
111	111	2 against a tenant under Section 9-207.5 or as set forth in
112	112	3 paragraph (6) of subsection (h) of Section 15-1701 shall be
113	113	4 impounded or placed under seal. This Section is operative on
114	114	5 and after August 1, 2022.
115	115	6 (e) For any residential eviction case initiated 7 or more
116	116	7 years prior to the effective date of this amendatory Act of the
117	117	8 103rd General Assembly, the court shall impound the court file
118	118	9 regardless of the disposition of the case. Thereafter, the
119	119	10 court shall impound the court file if the case was initiated 7
120	120	11 years prior regardless of the disposition of the case.
121	121	12 (f) For any residential eviction case filed less than 7
122	122	13 years before the effective date of this amendatory Act of the
123	123	14 103rd General Assembly, either party may file a motion to
124	124	15 impound the court file. The court shall impound the court file
125	125	16 according to the standards of impounding established in
126	126	17 subsections (b) and (c).
127	127	18 (g) A scholarly, public policy, or court reform agency or
128	128	19 educational, journalistic, or governmental body may access all
129	129	20 impounded files by filing a motion for individual cases or for
130	130	21 a class of cases with the judge presiding over evictions in
131	131	22 that judicial district or county. The presiding judge shall
132	132	23 grant the motion and enter an order of the court to that effect
133	133	24 upon a showing of scholarly, educational, public policy, court
134	134	25 reform, journalistic, or governmental credential and purpose.
135	135	26 Identifying information of the parties shall remain impounded,
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146	146	1 unless the court determines that release of the information is
147	147	2 necessary to fulfill the purpose of the request and the
148	148	3 interests of justice so dictate. Nothing in this subsection
149	149	4 shall permit the release of an impounded court file or the
150	150	5 information contained therein for a commercial purpose. The
151	151	6 public policy agency may include a legal aid provider;
152	152	7 however, the file shall be used only for its public policy
153	153	8 purposes.
154	154	9 (h) Except as provided in subsections (g) and (j), any
155	155	10 person who disseminates a sealed or impounded court file under
156	156	11 this Section, or the information contained therein, for
157	157	12 commercial purposes shall be liable for a civil penalty of
158	158	13 $2,000 or twice the actual and consequential damages
159	159	14 sustained, whichever is greater, as well as the costs of the
160	160	15 action, including reasonable attorney's fees.
161	161	16 (i) The Attorney General may enforce a violation of this
162	162	17 Section as an unlawful practice under the Consumer Fraud and
163	163	18 Deceptive Business Practices Act. All remedies, penalties, and
164	164	19 authority granted to the Attorney General by the Consumer
165	165	20 Fraud and Deceptive Business Practices Act shall be available
166	166	21 to the Attorney General for the enforcement of this Section.
167	167	22 (j) Nothing in this Section prohibits a landlord from
168	168	23 receiving a reference from a previous landlord of a
169	169	24 prospective tenant. Nothing in this Section prohibits a
170	170	25 landlord form providing a reference for a previous or current
171	171	26 tenant to a prospective landlord of that tenant.
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182	182	1 (k) A tenant is not required to report a court record that
183	183	2 is sealed or impounded to a prospective landlord.
184	184	3 (Source: P.A. 102-5, eff. 5-17-21.)
185	185	4 (735 ILCS 5/9-123 new)
186	186	5 Sec. 9-123. Notice and dismissal for failure to prosecute
187	187	6 after 180 days.
188	188	7 (a) If, at any time after the filing of an eviction action,
189	189	8 the plaintiff has not further prosecuted the case for a period
190	190	9 of 180 days, the court shall send to the parties written
191	191	10 notice:
192	192	11 (1) informing the parties of the date of the most
193	193	12 recent action taken by the plaintiff in the case; and
194	194	13 (2) directing the plaintiff to take one of the
195	195	14 following actions not later than 10 business days after
196	196	15 the date of the notice:
197	197	16 (A) further prosecute the case; or
198	198	17 (B) dismiss the case.
199	199	18 (b) If the plaintiff fails to take an action described in
200	200	19 paragraph (2) of subsection (a) within the time prescribed by
201	201	20 paragraph (2) of subsection (a):
202	202	21 (1) the defendant in the eviction action may petition
203	203	22 the court to dismiss the case; or
204	204	23 (2) the court, on the court's own motion, may dismiss
205	205	24 the case.
206	206	25 If the court dismisses the case under this subsection on
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217	217	1 or after the effective date of this amendatory Act of the 103rd
218	218	2 General Assembly, the court, in conjunction with its order of
219	219	3 dismissal, shall issue an order impounding the court file in
220	220	4 accordance with paragraph (2) of subsection (b) of Section
221	221	5 9-121 without further motion of the defendant.
222	222	6 Section 10. The Consumer Fraud and Deceptive Business
223	223	7 Practices Act is amended by adding Section 2z.6 as follows:
224	224	8 (815 ILCS 505/2z.6 new)
225	225	9 Sec. 2z.6. Dissemination of a sealed or impounded court
226	226	10 file. A private entity or person who violates Section 9-121 of
227	227	11 the Code of Civil Procedure commits an unlawful practice
228	228	12 within the meaning of this Act.
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