HB4760 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4760

 

Introduced , by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-121
735 ILCS 5/9-122 new
815 ILCS 505/2Z  from Ch. 121 1/2, par. 262Z

    Amends the Code of Civil Procedure. Provides that upon the filing of an eviction action, the clerk of the circuit court shall immediately seal the court file and mail a specified notice to the defendants in the action. Provides that the clerk shall unseal the file after 30 days after the entry of an eviction order under specified circumstances. Provides that unsealed files shall be re-sealed no later than 5 years after the eviction action was filed or by order of the court. Restricts access to a sealed court record to specified persons. Provides that the clerk of the circuit court shall maintain a record in the aggregate of the number of for-cause and not-for-cause eviction actions, and a count of the final dispositions of for-cause and not-for-cause eviction actions. Restricts the dissemination of any information contained in a sealed court file and provides that certain violations of the restrictions constitute an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act.


LRB100 19147 HEP 34412 b

 

 

A BILL FOR

 

HB4760LRB100 19147 HEP 34412 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 9-121 and by adding Section 9-122 as follows:
 
6    (735 ILCS 5/9-121)
7    Sec. 9-121. Sealing of court file.
8    (a) Definition. As used in this Section: ,
9    "Court "court file" means the court file created when an
10eviction action is filed with the court, any documents filed in
11the eviction action, and any information or record of activity
12associated with the eviction action.
13    "Dissemination" or "disseminate" means to publish,
14produce, print, manufacture, copy, distribute, sell, lease,
15exhibit, broadcast, display, transmit, or otherwise share
16information in any format so as to make the information
17accessible to others.
18    "Seal" or "sealing" means to bar access to the court file
19to anyone other than persons listed in paragraphs (1) through
20(4) of subsection (e).
21    "Foreclosure-related eviction" means an eviction action
22brought against a tenant or occupant under Section 9-207.5 of
23this Code; as set forth in paragraph (6) of subsection (h) of

 

 

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1Section 15-1701 of this Code, or in which a bona fide tenant is
2named in the foreclosure case as a permissive party under
3Section 15-1501 of this Code.
4    "For-cause eviction" means an eviction action in which the
5court finds that a tenant or occupant has materially breached
6the lease, or, in an eviction action brought against a tenant
7or an occupant as set forth in paragraph (7) of subsection (a)
8of Section 9-102 of this Code, in which the court finds that
9the tenant or occupant materially violated the covenants,
10rules, regulations, or by-laws of the condominium association.
11    "Not-for-cause" means an eviction action in which the court
12does not find that a tenant or an occupant has materially
13breached the lease; or an eviction action brought against a
14tenant or an occupant as set forth in paragraph (7) of
15subsection (a) of Section 9-102 of this Code in which the court
16does not find that the tenant or occupant materially violated
17the covenants, rules, regulations, or by-laws of the
18condominium association.
19    (b) Upon the filing of an eviction action, the clerk of the
20circuit court shall do each of the following:
21        (1) immediately seal the court file; and
22        (2) not less than 7 days after issuance of the summons,
23    mail notice of the filing of the eviction action in a
24    sealed envelope by first class mail. The mailing shall be
25    addressed to the named defendants and to all other
26    residents and shall be mailed to the full address of the

 

 

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1    premises as described in the eviction complaint. The notice
2    shall be substantially in the following form:
3        "THIS NOTICE IS FOR INFORMATION ONLY. DEFENDANTS HAVE
4    THE RIGHT TO BE SERVED WITH COURT PAPERS BEFORE GOING TO
5    COURT.
6        To (insert name of all named defendants) and All Other
7    Residents:
8        (Insert name of all plaintiffs) has filed an eviction
9    action case against (insert name of all defendants) for
10    possession of (insert full address of premises). The
11    eviction case number is (insert full case number). A
12    hearing may be on (insert hearing date and time on summons)
13    in courtroom (insert courtroom on summons) if the
14    defendants are served court papers.
15        The eviction case has been sealed and is not public. It
16    can only be viewed by:
17            (i) a party to the action, including a party's
18        attorney;
19            (ii) a person who provides the clerk with the names
20        of at least one plaintiff and one defendant and the
21        address of the premises, including the unit number, if
22        any;
23            (iii) an occupant of the premises who provides the
24        clerk of the court with the names of one of the parties
25        or the case number and shows documentation of
26        residency; or

 

 

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1            (iv) a person who has, upon showing of good cause,
2        obtained a court order to access a sealed court file.
3        If the court enters an eviction order, the eviction may
4    be unsealed unless the court decides it should remain
5    sealed. If you qualify to view the file, you may wish to go
6    to the court house at (insert court address). You may also
7    wish to speak with an attorney. In (insert name of county)
8    County you may contact (insert name and contact information
9    of local bar association, if any; insert name and contact
10    information of local civil legal aid providers, if any;
11    insert name and contact information of any local legal
12    clinics, if any; and any other local attorney referral
13    resources) to seek the help of an attorney.".
14    (c) Except as provided in paragraphs (1) through (5) of
15this subsection, the clerk of the circuit court shall unseal
16the court file no sooner than 30 days after the court enters an
17eviction order. The court file shall remain under seal in the
18following cases:
19        (1) a foreclosure-related eviction action;
20        (2) an eviction action brought against a tenant or an
21    occupant as set forth in paragraph (7) of subsection (a) of
22    Section 9-102 of this Code, unless the eviction action is a
23    for-cause eviction;
24        (3) an eviction action brought against a tenant or an
25    occupant on the basis that a tenant or an occupant remains
26    in the property after the termination of the lease, rental

 

 

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1    agreement, or tenancy by its own limitation, condition, or
2    terms;
3        (4) any other not-for-cause eviction; or
4        (5) the parties to the eviction action so agree.
5    (d) All court files that are unsealed shall be sealed by
6the clerk of the circuit court in the following situations:
7        (1) no later than 5 years after the eviction action was
8    filed;
9        (2) upon motion and a showing to the court that one of
10    the exceptions in paragraphs (1) through (5) of subsection
11    (c) applies;
12        (3) upon a finding by the court (b) Discretionary
13    sealing of court file. The court may order that a court
14    file in an eviction action be placed under seal if the
15    court finds that the plaintiff's action is sufficiently
16    without a basis in fact or law, which may include a lack of
17    jurisdiction, or if the case has not gone to judgment, that
18    there is a colorable defense to the eviction; that placing
19    the court file under seal is clearly in the interests of
20    justice; , and that those interests are not outweighed by
21    the public's interest in knowing about the record.
22    (c) Mandatory sealing of court file. The court file
23relating to an eviction action brought against a tenant under
24Section 9-207.5 of this Code or as set forth in subdivision
25(h)(6) of Section 15-1701 of this Code shall be placed under
26seal.

 

 

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1    Paragraphs (2) and (3) of this subsection apply to eviction
2actions retroactively.
3    (e) The clerk of the circuit court shall not provide access
4to or disseminate a sealed court file to anyone other than the
5following persons:
6        (1) a party to the action, including a party's
7    attorney;
8        (2) a person who provides the clerk with the names of
9    at least one plaintiff and one defendant and the address of
10    the premises, including the unit number, if any;
11        (3) an occupant of the premises who provides the clerk
12    with the names of one of the parties or the case number and
13    shows documentation of residency;
14        (4) a person who has, upon a showing of good cause,
15    obtained a court order to access a sealed court file.
16    (f) The clerk of the circuit court shall maintain a record
17in the aggregate of the number of for-cause and not-for-cause
18eviction actions, and a count of the final dispositions of
19for-cause and not-for-cause eviction actions. If an eviction
20order is entered against a defendant, the court shall do each
21of the following:
22        (1) determine whether the eviction action qualifies to
23    remain sealed as provided in paragraphs (1) through (5) of
24    subsection (c); and
25        (2) identify whether the eviction action is a for-cause
26    or a not-for-cause eviction.

 

 

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1    (g) Except as provided in subsection (d), this Section
2applies to eviction actions filed on or after the effective
3date of this amendatory Act of the 100th General Assembly.
4(Source: P.A. 100-173, eff. 1-1-18.)
 
5    (735 ILCS 5/9-122 new)
6    Sec. 9-122. Prohibition on dissemination of information
7contained in a sealed court file.
8    (a) A person shall not disseminate any information
9contained in a sealed court file if the person knows or has
10reasonable cause to believe that the information is derived
11from a sealed court file.
12    (b) A person who regularly and in the ordinary course of
13business furnishes information to a consumer reporting agency,
14including a tenant screening service, and has furnished
15information that the person knows, or reasonably should know,
16is contained in a sealed court file, shall promptly notify the
17consumer reporting agency of that determination, and shall not
18thereafter furnish any of the information contained in the
19sealed court file.
20    (c) A consumer reporting agency, including a tenant
21screening service, shall not disclose the existence of a sealed
22eviction action in a report pertaining to the person for whom
23dissemination has been barred or use the eviction action as a
24factor to determine any score or recommendation to be included
25in a tenant screening report pertaining to the person for whom

 

 

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1dissemination has been barred.
2    (d) Any violation of subsection (b) or (c) constitutes an
3unlawful practice under the Consumer Fraud and Deceptive
4Business Practices Act.
5    (e) A tenant or occupant may bring a private cause of
6action seeking compliance with this Section.
7    (f) If a person acts in violation of this Section, the
8tenant or occupant has the right to recover an amount equal to
9and not more than 2 months' rent or twice the damages
10sustained, whichever is greater, and reasonable attorney's
11fees.
12    (g) This Section does not apply to the tenant or occupant
13whose court file was sealed.
14    (h) Nothing in this Section prohibits the dissemination of
15information regarding a money judgment for the sole purpose of
16collection.
17    (i) As used in this Section, "court file", "dissemination",
18and "seal" have the meanings provided in Section 9-121.
19    (j) This Section applies to eviction actions filed on or
20after the effective date of this amendatory Act of the 100th
21General Assembly.
 
22    Section 10. The Consumer Fraud and Deceptive Business
23Practices Act is amended by changing Section 2Z as follows:
 
24    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)

 

 

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1    Sec. 2Z. Violations of other Acts. Any person who knowingly
2violates the Automotive Repair Act, the Automotive Collision
3Repair Act, the Home Repair and Remodeling Act, the Dance
4Studio Act, the Physical Fitness Services Act, the Hearing
5Instrument Consumer Protection Act, the Illinois Union Label
6Act, the Installment Sales Contract Act, the Job Referral and
7Job Listing Services Consumer Protection Act, the Travel
8Promotion Consumer Protection Act, the Credit Services
9Organizations Act, the Automatic Telephone Dialers Act, the
10Pay-Per-Call Services Consumer Protection Act, the Telephone
11Solicitations Act, the Illinois Funeral or Burial Funds Act,
12the Cemetery Oversight Act, the Cemetery Care Act, the Safe and
13Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the
14High Risk Home Loan Act, the Payday Loan Reform Act, the
15Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
163-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
173-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
18Internet Caller Identification Act, paragraph (6) of
19subsection (k) of Section 6-305 of the Illinois Vehicle Code,
20Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
21or 18d-153 of the Illinois Vehicle Code, Article 3 of the
22Residential Real Property Disclosure Act, the Automatic
23Contract Renewal Act, the Reverse Mortgage Act, Section 25 of
24the Youth Mental Health Protection Act, subsection (b) or (c)
25of Section 9-122 of the Code of Civil Procedure, the Personal
26Information Protection Act, or the Student Online Personal

 

 

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1Protection Act commits an unlawful practice within the meaning
2of this Act.
3(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
4eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
5revised 10-6-17.)