Sen. Michael W. Frerichs
Filed: 3/25/2009
 
 

 




 

 		












09600SB1095sam001

LRB096 07172 AJO 24616 a






1

AMENDMENT TO SENATE BILL 1095




2
    AMENDMENT NO. ______. Amend Senate Bill 1095 by replacing 
3
everything after the enacting clause with the following:  

 
4
    "Section 5. The Code of Civil Procedure is amended  by 
5
adding Section 9-121 as follows:
 
6
    (735 ILCS 5/9-121  new)
7
    Sec. 9-121. Expungement; court file.
8
    (a)  Definitions.  As used in  this Section:
9
        "Expungement" means the removal of evidence of the 
10
    court file's existence from the publicly accessible 
11
    records.
12
        "Court file" means the court file created when a 
13
    forcible entry and detainer action is filed with the court.
14
    (b)  Discretionary expungement.  The court may order 
15
expungement of a court file in a forcible entry and detainer 
16
action if the court finds that the plaintiff's action is 
 


 






09600SB1095sam001
- 2 -
LRB096 07172 AJO 24616 a




1
sufficiently without a basis in fact or law, which may include 
2
a lack of jurisdiction, that expungement is clearly in the 
3
interests of justice, and those interests are not outweighed by 
4
the public's interest in knowing about the record.
5
    (c) Mandatory expungement. The court shall order 
6
expungement of a court file in a forcible entry and detainer 
7
action if the court finds that the defendant occupied real 
8
property that was subject to contract for deed cancellation or 
9
mortgage foreclosure and:
10
        (1) the time for contract cancellation or foreclosure 
11
    redemption has expired and the defendant vacated the 
12
    property prior to commencement of the forcible entry and 
13
    detainer action; or
14
        (2) the defendant was a tenant during the contract 
15
    cancellation or foreclosure redemption period and did not 
16
    receive a notice under this Part to vacate on a date prior 
17
    to commencement of the forcible entry and detainer action.
 

18
    Section 99. Effective date. This Act takes effect upon 
19
becoming law.".