Full Text of HB5523 96th General Assembly
HB5523ham001 96TH GENERAL ASSEMBLY
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Judiciary I - Civil Law Committee
Filed: 3/3/2010
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LRB096 18361 AJO 37859 a |
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| AMENDMENT TO HOUSE BILL 5523
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| AMENDMENT NO. ______. Amend House Bill 5523 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Code of Civil Procedure is amended by | 5 |
| adding Section 9-106.2 as follows: | 6 |
| (735 ILCS 5/9-106.2 new) | 7 |
| Sec. 9-106.2. Affirmative defense for violence. | 8 |
| (a) It shall be an affirmative defense to an action | 9 |
| maintained under this Article IX if the demand for possession | 10 |
| is: | 11 |
| (1) based solely on the tenant's, lessee's, or | 12 |
| household member's status as a victim of domestic violence | 13 |
| or sexual violence as those terms are defined in Section 10 | 14 |
| of the Safe Homes Act, stalking as that term is defined in | 15 |
| the Criminal Code of 1961, or dating violence; | 16 |
| (2) based solely upon an incident of actual or |
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| threatened domestic violence, dating violence, stalking, | 2 |
| or sexual violence against a tenant, lessee, or household | 3 |
| member; or | 4 |
| (3) based solely upon criminal activity directly | 5 |
| relating to domestic violence, dating violence, stalking, | 6 |
| or sexual violence engaged in by a member of a tenant's or | 7 |
| lessee's household or any guest or other person under the | 8 |
| tenant's, lessee's, or household member's control, and | 9 |
| against the tenant, lessee, or household member. | 10 |
| (b) When asserting the affirmative defense, at least one | 11 |
| form of the following types of evidence shall be provided to | 12 |
| support the affirmative defense: medical, court, or police | 13 |
| records documenting the violence or a statement from an | 14 |
| employee of a victim service organization, attorney, or medical | 15 |
| professional from whom the tenant, lessee, or household member | 16 |
| has sought services. | 17 |
| (c) Nothing in subsection (a) shall prevent the landlord | 18 |
| from seeking possession solely against a tenant, household | 19 |
| member, or lessee of the premises who perpetrated the violence | 20 |
| that was the cause of the action for possession. | 21 |
| (d) Nothing in subsection (a) shall prevent the landlord | 22 |
| from seeking possession against the entire household, | 23 |
| including the tenant, lessee, or household member who is a | 24 |
| victim of domestic violence, dating violence, stalking, or | 25 |
| sexual violence if the tenant, lessee, or household member's | 26 |
| continued tenancy would pose an actual and imminent threat to |
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| other tenants, lessees, household members, the landlord or | 2 |
| their agents at the property.
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.".
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