Bill Text: IL SB3782 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Code of Civil Procedure. Provides that a court may order that a court file in a forcible entry and detainer action be placed under seal if the court finds that the plaintiff's action is without a basis in fact or law, including a lack of jurisdiction, sealing the file is in the interests of justice, and those interests are not outweighed by the public's interest in the record. Provides that a court shall order that a file in a forcible entry and detainer action be sealed if the court finds that the defendant occupied real property that was subject to mortgage foreclosure and either the foreclosure redemption period expired and the defendant vacated the property before the action was filed, or the defendant was a tenant during the redemption period and did not receive a notice to vacate before the action was filed. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-07-20 - Public Act . . . . . . . . . 96-1131 [SB3782 Detail]

Download: Illinois-2009-SB3782-Enrolled.html

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SB3782 Enrolled LRB096 20335 AJO 35967 b
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 adding
Section 9-121 as follows:
(735 ILCS 5/9-121 new)
Sec. 9-121. Sealing of court file.
(a) Definition. As used in this Section, "court file" means
the court file created when a forcible entry and detainer
action is filed with the court.
(b) Discretionary sealing of court file. The court may
order that a court file in a forcible entry and detainer action
be placed under seal if the court finds that the plaintiff's
action is sufficiently without a basis in fact or law, which
may include a lack of jurisdiction, that placing the court file
under seal is clearly in the interests of justice, and that
those interests are not outweighed by the public's interest in
knowing about the record.
(c) Mandatory sealing of court file. The court file
relating to a forcible entry and detainer action brought
against a tenant who would have lawful possession of the
premises but for the foreclosure on the property shall be
sealed pursuant to Section 15-1701.

SB3782 Enrolled - 2 - LRB096 20335 AJO 35967 b
Section 99. Effective date. This Act takes effect upon
becoming law.