Rep. John A. Fritchey
Filed: 3/11/2009
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| 1 | AMENDMENT TO HOUSE BILL 2003
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| 2 | AMENDMENT NO. ______. Amend House Bill 2003 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 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 | "Student" means a student attending a public or private | ||||||
| 10 | university, college, or community college in Illinois. | ||||||
| 11 | "Expungement" means the removal of evidence of the court | ||||||
| 12 | file's existence from the publicly accessible records. | ||||||
| 13 | "Court file" means the court file created when a forcible | ||||||
| 14 | entry and detainer action is filed with the court. | ||||||
| 15 | (b) Mandatory expungement. The court shall order | ||||||
| 16 | expungement of a court file in a forcible entry and detainer | ||||||
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| 1 | action if the court finds that the defendant occupied real | ||||||
| 2 | property that was subject to contract for deed cancellation or | ||||||
| 3 | mortgage foreclosure, the defendant was a student at the time | ||||||
| 4 | he or she occupied the real property, and: | ||||||
| 5 | (1) the time for contract cancellation or foreclosure | ||||||
| 6 | redemption has expired and the defendant vacated the | ||||||
| 7 | property prior to commencement of the forcible entry and | ||||||
| 8 | detainer action; or | ||||||
| 9 | (2) the defendant was a tenant during the contract | ||||||
| 10 | cancellation or foreclosure redemption period and did not | ||||||
| 11 | receive a notice under this Part to vacate on a date prior | ||||||
| 12 | to commencement of the forcible entry and detainer action.
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| 13 | Section 99. Effective date. This Act takes effect upon | ||||||
| 14 | becoming law.".
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