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.
House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes in the Code of Civil Procedure: Changes the definition of "impound" and "impoundment". Defines "seal" and "sealing". Removes language requiring the court to automatically order the impounding of any court file in a residential eviction action. Restores language regarding: the discretionary sealing of a court file, except a file shall be placed under seal if doing so is clearly in the interests of justice or (rather than and) that the interests of justice are not outweighed by the public's interest in knowing about the record; and the mandatory sealing of a court file, except that it shall be impounded (rather than sealed). Removes language providing that a scholarly, public policy, or court reform agency or educational, journalistic, or governmental body may access all impounded files by filing a motion for individual cases or for a class of cases with the judge presiding over evictions in that judicial district or county. Removes language providing that a tenant is not required to report a court record that is sealed or impounded to a prospective landlord. Changes the period of time for notice requirements related to a plaintiff failing to further prosecute an eviction action from 180 days to 365 days. Provides that the form of the notice may be developed by each judicial circuit in accordance with its practice or the Administrative Office of the Illinois Courts may develop a standardized form. Allows a judicial court to adopt a rule to follow the notice procedure in a shorter amount of time than 365 days.
Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts)
Based on a review of HB1569 as amended by House Amendment 1, the legislation would not increase or decrease the number of judges needed in the state of Illinois.
Fiscal Note (Office of the Attorney General)
The proposed legislation, House Bill 1569, HA#1, would not have a significant fiscal impact on our Office as the work could be covered by an existing bureau within our Office.
HB 1569, as amended by HA 1, will have no fiscal impact upon any public pension fund or retirement system in the State of Illinois.
Balanced Budget Note (Office of Management and Budget)
Please be advised that the Balanced Budget Note Act does not apply to House Bill 1569, [as amended by House Amendment 1] as it is not a supplemental appropriation that increases or decreases
appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a
general funds appropriation for the fiscal year in which the new bill is enacted.
Land Conveyance Appraisal Note (Dept. of Transportation)
No land conveyances are included in House Bill 1569, HA 1; therefore, there are no appraisals to be filed.
State Debt Impact Note (Government Forecasting & Accountability)
HB 1569, as amended by House Amendment 1, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness.