Illinois General Assembly - Full Text of HB0689
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Full Text of HB0689  102nd General Assembly

HB0689 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0689

 

Introduced 2/8/2021, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-619  from Ch. 110, par. 2-619

    Amends the Code of Civil Procedure. Provides that a motion for dismissal of an action, supported by an affidavit, may be filed on the grounds that the claim asserted is unenforceable because: (A) the claim was filed for the purposes of securing an unfair business advantage unrelated to the underlying claim; (B) the claim was filed in retaliation for, or in an effort to suppress, a party engaged in political speech or activity; or (C) in any claim filed by any unit of government, the facts alleged are based in whole or in part on an anonymous complainant and: (i) the anonymous complainant providing the factual allegations is not revealed; or (ii) it is reasonable to believe that the complainant made the allegations to a government entity while holding an ulterior motive with regard to the defendant, or for the purposes of retaliating against the defendant for reasons unrelated to the claim.


LRB102 13261 LNS 18605 b

 

 

A BILL FOR

 

HB0689LRB102 13261 LNS 18605 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 2-619 as follows:
 
6    (735 ILCS 5/2-619)  (from Ch. 110, par. 2-619)
7    Sec. 2-619. Involuntary dismissal based upon certain
8defects or defenses.
9    (a) Defendant may, within the time for pleading, file a
10motion for dismissal of the action or for other appropriate
11relief upon any of the following grounds. If the grounds do not
12appear on the face of the pleading attacked the motion shall be
13supported by affidavit:
14    (1) That the court does not have jurisdiction of the
15subject matter of the action, provided the defect cannot be
16removed by a transfer of the case to a court having
17jurisdiction.
18    (2) That the plaintiff does not have legal capacity to sue
19or that the defendant does not have legal capacity to be sued.
20    (3) That there is another action pending between the same
21parties for the same cause.
22    (4) That the cause of action is barred by a prior judgment.
23    (5) That the action was not commenced within the time

 

 

HB0689- 2 -LRB102 13261 LNS 18605 b

1limited by law.
2    (6) That the claim set forth in the plaintiff's pleading
3has been released, satisfied of record, or discharged in
4bankruptcy.
5    (7) That the claim asserted is unenforceable under the
6provisions of the Statute of Frauds.
7    (8) That the claim asserted against defendant is
8unenforceable because of his or her minority or other
9disability.
10    (9) That the claim asserted against defendant is barred by
11other affirmative matter avoiding the legal effect of or
12defeating the claim.
13    (10) That the claim asserted is unenforceable because (A)
14the claim was filed for the purposes of securing an unfair
15business advantage unrelated to the underlying claim; (B) the
16claim was filed in retaliation for, or in an effort to
17suppress, a party engaged in political speech or activity; or
18(C) in any claim filed by any unit of government, the facts
19alleged are based in whole or in part on an anonymous
20complainant and: (i) the anonymous complainant providing the
21factual allegations is not revealed; or (ii) it is reasonable
22to believe that the complainant made the allegations to a
23government entity while holding an ulterior motive with regard
24to the defendant, or for the purposes of retaliating against
25the defendant for reasons unrelated to the claim.
26    (b) A similar motion may be made by any other party against

 

 

HB0689- 3 -LRB102 13261 LNS 18605 b

1whom a claim is asserted.
2    (c) If, upon the hearing of the motion, the opposite party
3presents affidavits or other proof denying the facts alleged
4or establishing facts obviating the grounds of defect, the
5court may hear and determine the same and may grant or deny the
6motion. If a material and genuine disputed question of fact is
7raised the court may decide the motion upon the affidavits and
8evidence offered by the parties, or may deny the motion
9without prejudice to the right to raise the subject matter of
10the motion by answer and shall so deny it if the action is one
11in which a party is entitled to a trial by jury and a jury
12demand has been filed by the opposite party in apt time.
13    (d) The raising of any of the foregoing matters by motion
14under this Section does not preclude the raising of them
15subsequently by answer unless the court has disposed of the
16motion on its merits; and a failure to raise any of them by
17motion does not preclude raising them by answer.
18    (e) Pleading over after denial by the court of a motion
19under this Section is not a waiver of any error in the decision
20denying the motion.
21    (f) The form and contents of and procedure relating to
22affidavits under this Section shall be as provided by rule.
23(Source: P.A. 83-707.)