HB4760 100TH GENERAL ASSEMBLY

LRB100 19147 HEP 34412 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4760

Introduced , by Rep. Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:

735 ILCS 5/9-121
735 ILCS 5/9-122 new
815 ILCS 505/2Z	from Ch. 121 1/2, par. 262Z

Amends the Code of Civil Procedure. Provides that upon the filing of an eviction action, the clerk of the circuit court shall immediately seal the court file and mail a specified notice to the defendants in the action. Provides that the clerk shall unseal the file after 30 days after the entry of an eviction order under specified circumstances. Provides that unsealed files shall be re-sealed no later than 5 years after the eviction action was filed or by order of the court. Restricts access to a sealed court record to specified persons. Provides that the clerk of the circuit court shall maintain a record in the aggregate of the number of for-cause and not-for-cause eviction actions, and a count of the final dispositions of for-cause and not-for-cause eviction actions. Restricts the dissemination of any information contained in a sealed court file and provides that certain violations of the restrictions constitute an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act.

A BILL FOR

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 9-122 as follows:

(735 ILCS 5/9-121)

Sec. 9-121. 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, any documents filed in the eviction action, and any information or record of activity associated with the eviction action.

"Dissemination" or "disseminate" means to publish, produce, print, manufacture, copy, distribute, sell, lease, exhibit, broadcast, display, transmit, or otherwise share information in any format so as to make the information accessible to others.

"Seal" or "sealing" means to bar access to the court file to anyone other than persons listed in paragraphs (1) through (4) of subsection (e).

"Foreclosure-related eviction" means an eviction action brought against a tenant or occupant under Section 9-207.5 of this Code; as set forth in paragraph (6) of subsection (h) of Section 15-1701 of this Code, or in which a bona fide tenant is named in the foreclosure case as a permissive party under Section 15-1501 of this Code.

"For-cause eviction" means an eviction action in which the court finds that a tenant or occupant has materially breached the lease, or, in an eviction action brought against a tenant or an occupant as set forth in paragraph (7) of subsection (a) of Section 9-102 of this Code, in which the court finds that the tenant or occupant materially violated the covenants, rules, regulations, or by-laws of the condominium association.

"Not-for-cause" means an eviction action in which the court does not find that a tenant or an occupant has materially breached the lease; or an eviction action brought against a tenant or an occupant as set forth in paragraph (7) of subsection (a) of Section 9-102 of this Code in which the court does not find that the tenant or occupant materially violated the covenants, rules, regulations, or by-laws of the condominium association.

(b) Upon the filing of an eviction action, the clerk of the circuit court shall do each of the following:

(1) immediately seal the court file; and

(2) not less than 7 days after issuance of the summons, mail notice of the filing of the eviction action in a sealed envelope by first class mail. The mailing shall be addressed to the named defendants and to all other residents and shall be mailed to the full address of the premises as described in the eviction complaint. The notice shall be substantially in the following form:

"THIS NOTICE IS FOR INFORMATION ONLY. DEFENDANTS HAVE THE RIGHT TO BE SERVED WITH COURT PAPERS BEFORE GOING TO COURT.

To (insert name of all named defendants) and All Other Residents:

(Insert name of all plaintiffs) has filed an eviction action case against (insert name of all defendants) for possession of (insert full address of premises). The eviction case number is (insert full case number). A hearing may be on (insert hearing date and time on summons) in courtroom (insert courtroom on summons) if the defendants are served court papers.

The eviction case has been sealed and is not public. It can only be viewed by:

(i) a party to the action, including a party's attorney;

(ii) a person who provides the clerk with the names of at least one plaintiff and one defendant and the address of the premises, including the unit number, if any;

(iii) an occupant of the premises who provides the clerk of the court with the names of one of the parties or the case number and shows documentation of residency; or

(iv) a person who has, upon showing of good cause, obtained a court order to access a sealed court file.

If the court enters an eviction order, the eviction may be unsealed unless the court decides it should remain sealed. If you qualify to view the file, you may wish to go to the court house at (insert court address). You may also wish to speak with an attorney. In (insert name of county) County you may contact (insert name and contact information of local bar association, if any; insert name and contact information of local civil legal aid providers, if any; insert name and contact information of any local legal clinics, if any; and any other local attorney referral resources) to seek the help of an attorney.".

(c) Except as provided in paragraphs (1) through (5) of this subsection, the clerk of the circuit court shall unseal the court file no sooner than 30 days after the court enters an eviction order. The court file shall remain under seal in the following cases:

(1) a foreclosure-related eviction action;

(2) an eviction action brought against a tenant or an occupant as set forth in paragraph (7) of subsection (a) of Section 9-102 of this Code, unless the eviction action is a for-cause eviction;

(3) an eviction action brought against a tenant or an occupant on the basis that a tenant or an occupant remains in the property after the termination of the lease, rental agreement, or tenancy by its own limitation, condition, or terms;

(4) any other not-for-cause eviction; or

(5) the parties to the eviction action so agree.

(d) All court files that are unsealed shall be sealed by the clerk of the circuit court in the following situations:

(1) no later than 5 years after the eviction action was filed;

(2) upon motion and a showing to the court that one of the exceptions in paragraphs (1) through (5) of subsection (c) applies;

(3) upon a finding by the court (b) 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, or if the case has not gone to judgment, that there is a colorable defense to the eviction; 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) 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.

Paragraphs (2) and (3) of this subsection apply to eviction actions retroactively.

(e) The clerk of the circuit court shall not provide access to or disseminate a sealed court file to anyone other than the following persons:

(1) a party to the action, including a party's attorney;

(2) a person who provides the clerk with the names of at least one plaintiff and one defendant and the address of the premises, including the unit number, if any;

(3) an occupant of the premises who provides the clerk with the names of one of the parties or the case number and shows documentation of residency;

(4) a person who has, upon a showing of good cause, obtained a court order to access a sealed court file.

(f) The clerk of the circuit court shall maintain a record in the aggregate of the number of for-cause and not-for-cause eviction actions, and a count of the final dispositions of for-cause and not-for-cause eviction actions. If an eviction order is entered against a defendant, the court shall do each of the following:

(1) determine whether the eviction action qualifies to remain sealed as provided in paragraphs (1) through (5) of subsection (c); and

(2) identify whether the eviction action is a for-cause or a not-for-cause eviction.

(g) Except as provided in subsection (d), this Section applies to eviction actions filed on or after the effective date of this amendatory Act of the 100th General Assembly.

(Source: P.A. 100-173, eff. 1-1-18.)

(735 ILCS 5/9-122 new)

Sec. 9-122. Prohibition on dissemination of information contained in a sealed court file.

(a) A person shall not disseminate any information contained in a sealed court file if the person knows or has reasonable cause to believe that the information is derived from a sealed court file.

(b) A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency, including a tenant screening service, and has furnished information that the person knows, or reasonably should know, is contained in a sealed court file, shall promptly notify the consumer reporting agency of that determination, and shall not thereafter furnish any of the information contained in the sealed court file.

(c) A consumer reporting agency, including a tenant screening service, shall not disclose the existence of a sealed eviction action in a report pertaining to the person for whom dissemination has been barred or use the eviction action as a factor to determine any score or recommendation to be included in a tenant screening report pertaining to the person for whom dissemination has been barred.

(d) Any violation of subsection (b) or (c) constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.

(e) A tenant or occupant may bring a private cause of action seeking compliance with this Section.

(f) If a person acts in violation of this Section, the tenant or occupant has the right to recover an amount equal to and not more than 2 months' rent or twice the damages sustained, whichever is greater, and reasonable attorney's fees.

(g) This Section does not apply to the tenant or occupant whose court file was sealed.

(h) Nothing in this Section prohibits the dissemination of information regarding a money judgment for the sole purpose of collection.

(i) As used in this Section, "court file", "dissemination", and "seal" have the meanings provided in Section 9-121.

(j) This Section applies to eviction actions filed on or after the effective date of this amendatory Act of the 100th General Assembly.

Section 10. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Installment Sales Contract Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, the Reverse Mortgage Act, Section 25 of the Youth Mental Health Protection Act, subsection (b) or (c) of Section 9-122 of the Code of Civil Procedure, the Personal Information Protection Act, or the Student Online Personal Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; revised 10-6-17.)