Bill Status of HB5523  96th General Assembly


Short Description:  CIV PRO-EVICT-DEFENSE-VIOLENCE

House Sponsors
Rep. Karen A. Yarbrough - Naomi D. Jakobsson - William Davis, Michael J. Zalewski, Harry Osterman, Lisa M. Dugan, Cynthia Soto, Deborah L. Graham, Constance A. Howard and LaShawn K. Ford

Senate Sponsors
(Sen. Kwame Raoul, Antonio Muņoz, Martin A. Sandoval and Mattie Hunter)

Last Action
DateChamber Action
  7/22/2010HousePublic Act . . . . . . . . . 96-1188

Statutes Amended In Order of Appearance
735 ILCS 5/9-106.2 new


Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that it is an affirmative defense to a forcible entry action if the demand for possession is based on: the status of the tenant, lessee, or household member as a victim of domestic violence, dating violence, stalking, or sexual violence; an incident of domestic violence, dating violence, stalking, or sexual violence against a tenant, lessee, or household member; or criminal activity engaged in by a member of a tenant's or lessee's household or any guest or other person under the tenant's, lessee's, or household member's control directly relating to domestic violence, dating violence, stalking, or sexual violence and against the tenant, lessee, or household member. Provides that the existence of the affirmative defense does not prevent a landlord from seeking possession solely against a tenant, household member, or lessee who perpetrated the violence. Effective immediately.

House Committee Amendment No. 1
Replaces everything after the enacting clause with provisions substantially similar to the bill as introduced with the following changes and additions: provides that the affirmative defense is available if the demand for possession is based solely on one of the listed grounds (rather than based on one of the listed grounds); specifies types of evidence that shall be provided to support the affirmative defense; and states that the new provisions do not prevent a landlord from seeking possession against the entire household, including the tenant, lessee, or household member who is a victim of domestic violence, dating violence, stalking, or sexual violence if the tenant, lessee, or household member's continued tenancy would pose an actual and imminent threat to other tenants, lessees, household members, the landlord or their agents at the property. Makes other changes. Effective immediately.

House Floor Amendment No. 2
Replaces everything after the enacting clause with provisions substantially similar to the bill as amended with the following changes and additions: provides that the affirmative defense is available if the court makes a finding (rather than the absence of a finding requirement) that grounds for an affirmative defense exists; adds, as a ground for an affirmative defense, that the tenant did not knowingly allow entry to a person that the landlord had barred from the premises. Provides that: a landlord may seek possession if that tenant, lessee, or household member has committed the criminal activity on which the demand for possession is based; and a landlord may bar a person, other than a tenant or household member, from the premises by written notice to the tenant that states that if the tenant invites the barred person onto the premises, then the landlord may treat this as a breach of the lease, regardless of the lease terms. Provides the requirements of a landlord's notice to a barred person which informs the person that if he or she violates the notice by entry onto the premises, the person is guilty of criminal trespass to real property. Makes other changes. Effective immediately.

Actions 
DateChamber Action
  2/8/2010HouseFiled with the Clerk by Rep. Karen A. Yarbrough
  2/9/2010HouseFirst Reading
  2/9/2010HouseReferred to Rules Committee
  2/17/2010HouseAdded Chief Co-Sponsor Rep. Naomi D. Jakobsson
  2/17/2010HouseAdded Chief Co-Sponsor Rep. William Davis
  2/22/2010HouseAssigned to Judiciary I - Civil Law Committee
  2/24/2010HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  2/24/2010HouseAdded Co-Sponsor Rep. Harry Osterman
  3/3/2010HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  3/3/2010HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  3/3/2010HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/3/2010HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 017-000-000
  3/3/2010HousePlaced on Calendar 2nd Reading - Short Debate
  3/15/2010HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Karen A. Yarbrough
  3/15/2010HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/22/2010HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  3/23/2010HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 014-000-000
  3/23/2010HouseSecond Reading - Short Debate
  3/23/2010HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  3/23/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/24/2010HouseAdded Co-Sponsor Rep. Cynthia Soto
  3/24/2010HouseAdded Co-Sponsor Rep. Deborah L. Graham
  3/24/2010HouseAdded Co-Sponsor Rep. Constance A. Howard
  3/24/2010HouseAdded Co-Sponsor Rep. LaShawn K. Ford
  3/26/2010HouseThird Reading - Short Debate - Passed 103-000-000
  4/6/2010SenateArrive in Senate
  4/6/2010SenatePlaced on Calendar Order of First Reading
  4/6/2010SenateChief Senate Sponsor Sen. Kwame Raoul
  4/6/2010SenateFirst Reading
  4/6/2010SenateReferred to Assignments
  4/6/2010SenateAssigned to Judiciary
  4/14/2010SenatePostponed - Judiciary
  4/20/2010SenateAdded as Alternate Co-Sponsor Sen. Antonio Muņoz
  4/20/2010SenateDo Pass Judiciary; 006-000-000
  4/20/2010SenatePlaced on Calendar Order of 2nd Reading April 21, 2010
  4/21/2010SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  4/21/2010SenateSecond Reading
  4/21/2010SenatePlaced on Calendar Order of 3rd Reading April 22, 2010
  4/27/2010SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  4/27/2010SenateThird Reading - Passed; 054-000-000
  4/27/2010HousePassed Both Houses
  5/26/2010HouseSent to the Governor
  7/22/2010HouseGovernor Approved
  7/22/2010HouseEffective Date July 22, 2010
  7/22/2010HousePublic Act . . . . . . . . . 96-1188