IL SB0242 | 2023-2024 | 103rd General Assembly

Status

Spectrum: Partisan Bill (Democrat 4-0)
Status: Introduced on January 31 2023 - 25% progression
Action: 2023-03-21 - Added as Co-Sponsor Sen. Ann Gillespie
Pending: Senate Assignments Committee
Text: Latest bill text (Introduced) [HTML]

Summary

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.

Tracking Information

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Title

EVICT-IMPOUND FILE-DISMISSAL

Sponsors


History

DateChamberAction
2023-03-21SenateAdded as Co-Sponsor Sen. Ann Gillespie
2023-03-10SenateRule 3-9(a) / Re-referred to Assignments
2023-02-23SenateAdded as Chief Co-Sponsor Sen. Cristina H. Pacione-Zayas
2023-02-23SenateAdded as Chief Co-Sponsor Sen. Robert Peters
2023-02-22SenateTo Subcommittee on Property
2023-02-14SenateAssigned to Judiciary
2023-01-31SenateReferred to Assignments
2023-01-31SenateFirst Reading
2023-01-31SenateFiled with Secretary by Sen. Karina Villa

Code Citations

ChapterArticleSectionCitation TypeStatute Text
73559-121Amended CodeCitation Text
73559-123New CodeSee Bill Text
8155052z.6New CodeSee Bill Text

Illinois State Sources


Bill Comments

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