Bill Text: IL HB3181 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Provides that if the grounds do not appear on the face of the pleading attacked the motion shall be supported by affidavit that the claim asserted is unenforceable because the claim was (A) filed for a purpose of forcing an individual or entity to change positions or induce or coerce behavior in a manner unrelated to the claim asserted, or (B) based on allegations made to a government entity by an anonymous complainant where: (i) the anonymous complainant is not revealed; or (ii) the anonymous complainant, if revealed, 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3181 Detail]

Download: Illinois-2019-HB3181-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3181 Introduced , 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 if the grounds do not appear on the face of the pleading attacked the motion shall be supported by affidavit that the claim asserted is unenforceable because the claim was (A) filed for a purpose of forcing an individual or entity to change positions or induce or coerce behavior in a manner unrelated to the claim asserted, or (B) based on allegations made to a government entity by an anonymous complainant where: (i) the anonymous complainant is not revealed; or (ii) the anonymous complainant, if revealed, 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.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 2-619 as follows:
(735 ILCS 5/2-619) (from Ch. 110, par. 2-619)
Sec. 2-619. Involuntary dismissal based upon certain
defects or defenses.
(a) Defendant may, within the time for pleading, file a
motion for dismissal of the action or for other appropriate
relief upon any of the following grounds. If the grounds do not
appear on the face of the pleading attacked the motion shall be
supported by affidavit:
(1) That the court does not have jurisdiction of the
subject matter of the action, provided the defect cannot be
removed by a transfer of the case to a court having
jurisdiction.
(2) That the plaintiff does not have legal capacity to sue
or that the defendant does not have legal capacity to be sued.
(3) That there is another action pending between the same
parties for the same cause.
(4) That the cause of action is barred by a prior judgment.
(5) That the action was not commenced within the time

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limited by law.
(6) That the claim set forth in the plaintiff's pleading
has been released, satisfied of record, or discharged in
bankruptcy.
(7) That the claim asserted is unenforceable under the
provisions of the Statute of Frauds.
(8) That the claim asserted against defendant is
unenforceable because of his or her minority or other
disability.
(9) That the claim asserted against defendant is barred by
other affirmative matter avoiding the legal effect of or
defeating the claim.
(10) That the claim asserted is unenforceable because the
claim was (A) filed for a purpose of forcing an individual or
entity to change positions or induce or coerce behavior in a
manner unrelated to the claim asserted, or (B) based on
allegations made to a government entity by an anonymous
complainant where: (i) the anonymous complainant is not
revealed; or (ii) the anonymous complainant, if revealed, 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.
(b) A similar motion may be made by any other party against
whom a claim is asserted.
(c) If, upon the hearing of the motion, the opposite party
presents affidavits or other proof denying the facts alleged or

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establishing facts obviating the grounds of defect, the court
may hear and determine the same and may grant or deny the
motion. If a material and genuine disputed question of fact is
raised the court may decide the motion upon the affidavits and
evidence offered by the parties, or may deny the motion without
prejudice to the right to raise the subject matter of the
motion by answer and shall so deny it if the action is one in
which a party is entitled to a trial by jury and a jury demand
has been filed by the opposite party in apt time.
(d) The raising of any of the foregoing matters by motion
under this Section does not preclude the raising of them
subsequently by answer unless the court has disposed of the
motion on its merits; and a failure to raise any of them by
motion does not preclude raising them by answer.
(e) Pleading over after denial by the court of a motion
under this Section is not a waiver of any error in the decision
denying the motion.
(f) The form and contents of and procedure relating to
affidavits under this Section shall be as provided by rule.
(Source: P.A. 83-707.)