Illinois 2025-2026 Regular Session

Illinois House Bill HB3566 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HB3566 EngrossedLRB104 10092 JRC 20164 b HB3566 Engrossed LRB104 10092 JRC 20164 b
2		-	HB3566 Engrossed LRB104 10092 JRC 20164 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3566 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED: 735 ILCS 5/9-106 from Ch. 110, par. 9-106735 ILCS 5/9-121 Amends the Eviction Article of the Code of Civil Procedure. Requires dismissal of a complaint in its entirety against all defendants if the complaint names a defendant who is a minor at the time of filing or was a minor at the time that the lease agreement at issue was entered. Provides that such an action shall be immediately sealed. Provides that, in addition to any other remedies available to the minor, a minor named as a defendant in violation of the Act is entitled to reasonable attorney's fees, actual damages, and liquidated damages in the amount of $1,000. Provides that nothing in the Act prohibits a party from refiling an action against any defendants who otherwise may be properly named. Provides that, upon dismissing the case, the court may not waive any fees associated with refiling the action against defendants otherwise properly named. LRB104 10092 JRC 20164 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3566 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED: 735 ILCS 5/9-106 from Ch. 110, par. 9-106735 ILCS 5/9-121 735 ILCS 5/9-106 from Ch. 110, par. 9-106 735 ILCS 5/9-121 Amends the Eviction Article of the Code of Civil Procedure. Requires dismissal of a complaint in its entirety against all defendants if the complaint names a defendant who is a minor at the time of filing or was a minor at the time that the lease agreement at issue was entered. Provides that such an action shall be immediately sealed. Provides that, in addition to any other remedies available to the minor, a minor named as a defendant in violation of the Act is entitled to reasonable attorney's fees, actual damages, and liquidated damages in the amount of $1,000. Provides that nothing in the Act prohibits a party from refiling an action against any defendants who otherwise may be properly named. Provides that, upon dismissing the case, the court may not waive any fees associated with refiling the action against defendants otherwise properly named. LRB104 10092 JRC 20164 b LRB104 10092 JRC 20164 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3566 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED:
	3	+	735 ILCS 5/9-106 from Ch. 110, par. 9-106735 ILCS 5/9-121 735 ILCS 5/9-106 from Ch. 110, par. 9-106 735 ILCS 5/9-121
	4	+	735 ILCS 5/9-106 from Ch. 110, par. 9-106
	5	+	735 ILCS 5/9-121
	6	+	Amends the Eviction Article of the Code of Civil Procedure. Requires dismissal of a complaint in its entirety against all defendants if the complaint names a defendant who is a minor at the time of filing or was a minor at the time that the lease agreement at issue was entered. Provides that such an action shall be immediately sealed. Provides that, in addition to any other remedies available to the minor, a minor named as a defendant in violation of the Act is entitled to reasonable attorney's fees, actual damages, and liquidated damages in the amount of $1,000. Provides that nothing in the Act prohibits a party from refiling an action against any defendants who otherwise may be properly named. Provides that, upon dismissing the case, the court may not waive any fees associated with refiling the action against defendants otherwise properly named.
	7	+	LRB104 10092 JRC 20164 b LRB104 10092 JRC 20164 b
	8	+	LRB104 10092 JRC 20164 b
	9	+	A BILL FOR
	10	+	HB3566LRB104 10092 JRC 20164 b HB3566 LRB104 10092 JRC 20164 b
	11	+	HB3566 LRB104 10092 JRC 20164 b
3	12		1 AN ACT concerning civil law.
4	13		2 Be it enacted by the People of the State of Illinois,
5	14		3 represented in the General Assembly:
6	15		4 Section 5. The Code of Civil Procedure is amended by
7	16		5 changing Sections 9-106 and 9-121 as follows:
8	17		6 (735 ILCS 5/9-106) (from Ch. 110, par. 9-106)
9	18		7 Sec. 9-106. Pleadings and evidence.
10	19		8 (a) On complaint by the party or parties entitled to the
11	20		9 possession of such premises being filed in the circuit court
12	21		10 for the county where such premises are situated, stating that
13	22		11 such party is entitled to the possession of such premises
14	23		12 (describing the same with reasonable certainty), and that the
15	24		13 defendant (naming the defendant) unlawfully withholds the
16	25		14 possession thereof from him, her or them, the clerk of the
17	26		15 court shall issue a summons.
18	27		16 (b) A complaint may not name a minor as a defendant. As
19	28		17 used in this Section, "minor" means a person under the age of
20	29		18 18, unless that person has been ordered emancipated under the
21	30		19 Emancipation of Minors Act and has the rights and
22	31		20 responsibilities of a mature minor under of the Emancipation
23	32		21 of Minors Act.
24	33		22 (c) A complaint that names a defendant who is a minor at
25		-	23 the time of filing ~~shall be dismissed in its entirety against~~
	34	+	23 the time of filing or was a minor at the time that the lease
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34		-	1 all defendants. Any action dismissed under this Section shall
35		-	2 be immediately sealed under Section 9-121.
36		-	3 (d) In addition to any other remedies available to the
37		-	4 minor, a minor named as a defendant in violation of this
38		-	5 Section is entitled to reasonable attorney's fees, actual
39		-	6 damages, and liquidated damages in the amount of $1,000.
40		-	7 (e) Nothing in this Section prohibits a party from
41		-	8 refiling an action against any defendants who otherwise may be
42		-	9 properly named. Upon dismissing the case under this Section,
43		-	10 the court may not waive any fees associated with refiling the
44		-	11 action against defendants that are otherwise properly named.
45		-	12 (f) The defendant may under a general denial of the
46		-	13 allegations of the complaint offer in evidence any matter in
47		-	14 defense of the action. Except as otherwise provided in Section
48		-	15 9-120, no matters not germane to the distinctive purpose of
49		-	16 the proceeding shall be introduced by joinder, counterclaim or
50		-	17 otherwise. However, a claim for rent may be joined in the
51		-	18 complaint, and judgment may be entered for the amount of rent
52		-	19 found due.
53		-	20 (Source: P.A. 90-360, eff. 1-1-98.)
54		-	21 (735 ILCS 5/9-121)
55		-	22 Sec. 9-121. Sealing of court file.
56		-	23 (a) Definition. As used in this Section, "court file"
57		-	24 means the court file created when an eviction action is filed
58		-	25 with the court.
	38	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3566 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED:
	39	+	735 ILCS 5/9-106 from Ch. 110, par. 9-106735 ILCS 5/9-121 735 ILCS 5/9-106 from Ch. 110, par. 9-106 735 ILCS 5/9-121
	40	+	735 ILCS 5/9-106 from Ch. 110, par. 9-106
	41	+	735 ILCS 5/9-121
	42	+	Amends the Eviction Article of the Code of Civil Procedure. Requires dismissal of a complaint in its entirety against all defendants if the complaint names a defendant who is a minor at the time of filing or was a minor at the time that the lease agreement at issue was entered. Provides that such an action shall be immediately sealed. Provides that, in addition to any other remedies available to the minor, a minor named as a defendant in violation of the Act is entitled to reasonable attorney's fees, actual damages, and liquidated damages in the amount of $1,000. Provides that nothing in the Act prohibits a party from refiling an action against any defendants who otherwise may be properly named. Provides that, upon dismissing the case, the court may not waive any fees associated with refiling the action against defendants otherwise properly named.
	43	+	LRB104 10092 JRC 20164 b LRB104 10092 JRC 20164 b
	44	+	LRB104 10092 JRC 20164 b
	45	+	A BILL FOR
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	51	+	735 ILCS 5/9-106 from Ch. 110, par. 9-106
	52	+	735 ILCS 5/9-121
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69		-	1 (b) Discretionary sealing of court file. The court may
70		-	2 order that a court file in an eviction action be placed under
71		-	3 seal if the court finds that the plaintiff's action is
72		-	4 sufficiently without a basis in fact or law, which may include
73		-	5 a lack of jurisdiction, that placing the court file under seal
74		-	6 is clearly in the interests of justice, and that those
75		-	7 interests are not outweighed by the public's interest in
76		-	8 knowing about the record.
77		-	9 (c) Mandatory sealing of court file. The court file
78		-	10 relating to an eviction action brought against a tenant under
79		-	11 Section 9-207.5 of this Code or as set forth in subdivision
80		-	12 (h)(6) of Section 15-1701 of this Code or that has been
81		-	13 dismissed under Section 9-106 of this Code shall be placed
82		-	14 under seal.
83		-	15 (d) This Section is operative on and after August 1, 2022.
84		-	16 (Source: P.A. 102-5, eff. 5-17-21.)
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	66	+	HB3566 LRB104 10092 JRC 20164 b
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	71	+	1 agreement at issue was entered into shall be dismissed in its
	72	+	2 entirety against all defendants. Any action dismissed under
	73	+	3 this Section shall be immediately sealed under Section 9-121.
	74	+	4 (d) In addition to any other remedies available to the
	75	+	5 minor, a minor named as a defendant in violation of this
	76	+	6 Section is entitled to reasonable attorney's fees, actual
	77	+	7 damages, and liquidated damages in the amount of $1,000.
	78	+	8 (e) Nothing in this Section prohibits a party from
	79	+	9 refiling an action against any defendants who otherwise may be
	80	+	10 properly named. Upon dismissing the case under this Section,
	81	+	11 the court may not waive any fees associated with refiling the
	82	+	12 action against defendants that are otherwise properly named.
	83	+	13 (f) The defendant may under a general denial of the
	84	+	14 allegations of the complaint offer in evidence any matter in
	85	+	15 defense of the action. Except as otherwise provided in Section
	86	+	16 9-120, no matters not germane to the distinctive purpose of
	87	+	17 the proceeding shall be introduced by joinder, counterclaim or
	88	+	18 otherwise. However, a claim for rent may be joined in the
	89	+	19 complaint, and judgment may be entered for the amount of rent
	90	+	20 found due.
	91	+	21 (Source: P.A. 90-360, eff. 1-1-98.)
	92	+	22 (735 ILCS 5/9-121)
	93	+	23 Sec. 9-121. Sealing of court file.
	94	+	24 (a) Definition. As used in this Section, "court file"
	95	+	25 means the court file created when an eviction action is filed
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	101	+	HB3566 - 2 - LRB104 10092 JRC 20164 b
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