Bill Status of SB 242   103rd General Assembly


Short Description:  EVICT-IMPOUND FILE-DISMISSAL

Senate Sponsors
Sen. Karina Villa-Robert Peters-Cristina H. Pacione-Zayas and Ann Gillespie

Last Action  View All Actions

DateChamber Action
  3/10/2023SenateRule 3-9(a) / Re-referred to Assignments

Statutes Amended In Order of Appearance
735 ILCS 5/9-121
735 ILCS 5/9-123 new
815 ILCS 505/2z.6 new

Synopsis As Introduced
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.

Actions 
DateChamber Action
  1/31/2023SenateFiled with Secretary by Sen. Karina Villa
  1/31/2023SenateFirst Reading
  1/31/2023SenateReferred to Assignments
  2/14/2023SenateAssigned to Judiciary
  2/22/2023SenateTo Subcommittee on Property
  2/23/2023SenateAdded as Chief Co-Sponsor Sen. Robert Peters
  2/23/2023SenateAdded as Chief Co-Sponsor Sen. Cristina H. Pacione-Zayas
  3/10/2023SenateRule 3-9(a) / Re-referred to Assignments
  3/21/2023SenateAdded as Co-Sponsor Sen. Ann Gillespie

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