Rep. John A. Fritchey
Filed: 3/11/2009
 
 

 




 

 		












09600HB2003ham001

LRB096 05434 WGH 23262 a






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AMENDMENT TO HOUSE BILL 2003 




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    AMENDMENT NO. ______. Amend House Bill 2003 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Code of Civil Procedure is amended  by 
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adding Section 9-121 as follows:
 
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    (735 ILCS 5/9-121  new)
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    Sec. 9-121. Expungement; court file.
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    (a) Definitions. As used in this Section:
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    "Student" means a student attending a public or private 
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university, college, or community college in Illinois.
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    "Expungement" means the removal of evidence of the court 
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file's existence from the publicly accessible records.
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    "Court file" means the court file created when a forcible 
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entry and detainer action is filed with the court.
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    (b) Mandatory expungement. The court shall order 
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expungement of a court file in a forcible entry and detainer 
 


 






09600HB2003ham001
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LRB096 05434 WGH 23262 a




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action if the court finds that the defendant occupied real 
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property that was subject to contract for deed cancellation or 
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mortgage foreclosure, the defendant was a student at the time 
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he or she occupied the real property, and:
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        (1) the time for contract cancellation or foreclosure 
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    redemption has expired and the defendant vacated the 
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    property prior to commencement of the forcible entry and 
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    detainer action; or
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        (2) the defendant was a tenant during the contract 
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    cancellation or foreclosure redemption period and did not 
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    receive a notice under this Part to vacate on a date prior 
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    to commencement of the forcible entry and detainer action.
 

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