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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended by adding | ||||||
5 | Section 9-106.2 as follows: | ||||||
6 | (735 ILCS 5/9-106.2 new) | ||||||
7 | Sec. 9-106.2. Affirmative defense for violence; barring | ||||||
8 | persons from property. | ||||||
9 | (a) It shall be an affirmative defense to an action | ||||||
10 | maintained under this Article IX if the court makes one of the | ||||||
11 | following findings that the demand for possession is: | ||||||
12 | (1) based solely on the tenant's, lessee's, or | ||||||
13 | household member's status as a victim of domestic violence | ||||||
14 | or sexual violence as those terms are defined in Section 10 | ||||||
15 | of the Safe Homes Act, stalking as that term is defined in | ||||||
16 | the Criminal Code of 1961, or dating violence; | ||||||
17 | (2) based solely upon an incident of actual or | ||||||
18 | threatened domestic violence, dating violence, stalking, | ||||||
19 | or sexual violence against a tenant, lessee, or household | ||||||
20 | member; | ||||||
21 | (3) based solely upon criminal activity directly | ||||||
22 | relating to domestic violence, dating violence, stalking, | ||||||
23 | or sexual violence engaged in by a member of a tenant's or |
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1 | lessee's household or any guest or other person under the | ||||||
2 | tenant's, lessee's, or household member's control, and | ||||||
3 | against the tenant, lessee, or household member; or | ||||||
4 | (4) based upon a demand for possession pursuant to | ||||||
5 | subsection (f) where the tenant, lessee, or household | ||||||
6 | member who was the victim of domestic violence, sexual | ||||||
7 | violence, stalking, or dating violence did not knowingly | ||||||
8 | consent to the barred person entering the premises or a | ||||||
9 | valid court order permitted the barred person's entry onto | ||||||
10 | the premises. | ||||||
11 | (b) When asserting the affirmative defense, at least one | ||||||
12 | form of the following types of evidence shall be provided to | ||||||
13 | support the affirmative defense: medical, court, or police | ||||||
14 | records documenting the violence or a statement from an | ||||||
15 | employee of a victim service organization or from a medical | ||||||
16 | professional from whom the tenant, lessee, or household member | ||||||
17 | has sought services. | ||||||
18 | (c) Nothing in subsection (a) shall prevent the landlord | ||||||
19 | from seeking possession solely against a tenant, household | ||||||
20 | member, or lessee of the premises who perpetrated the violence | ||||||
21 | referred to in subsection (a). | ||||||
22 | (d) Nothing in subsection (a) shall prevent the landlord | ||||||
23 | from seeking possession against the entire household, | ||||||
24 | including the tenant, lessee, or household member who is a | ||||||
25 | victim of domestic violence, dating violence, stalking, or | ||||||
26 | sexual violence if the tenant, lessee, or household member's |
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1 | continued tenancy would pose an actual and imminent threat to | ||||||
2 | other tenants, lessees, household members, the landlord or | ||||||
3 | their agents at the property. | ||||||
4 | (e) Nothing in subsection (a) shall prevent the landlord | ||||||
5 | from seeking possession against the tenant, lessee, or | ||||||
6 | household member who is a victim of domestic violence, dating | ||||||
7 | violence, stalking, or sexual violence if that tenant, lessee, | ||||||
8 | or household member has committed the criminal activity on | ||||||
9 | which the demand for possession is based. | ||||||
10 | (f) A landlord shall have the power to bar the presence of | ||||||
11 | a person from the premises owned by the landlord who is not a | ||||||
12 | tenant or lessee or who is not a member of the tenant's or | ||||||
13 | lessee's household. A landlord bars a person from the premises | ||||||
14 | by providing written notice to the tenant or lessee that the | ||||||
15 | person is no longer allowed on the premises. That notice shall | ||||||
16 | state that if the tenant invites the barred person onto any | ||||||
17 | portion of the premises, then the landlord may treat this as a | ||||||
18 | breach of the lease, whether or not this provision is contained | ||||||
19 | in the lease. Subject to paragraph (4) of subsection (a), the | ||||||
20 | landlord may evict the tenant. | ||||||
21 | (g) Further, a landlord may give notice to a person that | ||||||
22 | the person is barred from the premises owned by the landlord. A | ||||||
23 | person has received notice from the landlord within the meaning | ||||||
24 | of this subsection if he has been notified personally, either | ||||||
25 | orally or in writing including a valid court order as defined | ||||||
26 | by subsection (7) of Section 112A-3 of the Code of Criminal |
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1 | Procedure of 1963 granting remedy (2) of subsection (b) of | ||||||
2 | Section 112A-14 of that Code, or if a printed or written notice | ||||||
3 | forbidding such entry has been conspicuously posted or | ||||||
4 | exhibited at the main entrance to such land or the forbidden | ||||||
5 | part thereof. Any person entering the landlord's premises after | ||||||
6 | such notice has been given shall be guilty of criminal trespass | ||||||
7 | to real property as set forth in Section 21-3 of the Criminal | ||||||
8 | Code of 1961. After notice has been given, an invitation to the | ||||||
9 | person to enter the premises shall be void if made by a tenant, | ||||||
10 | lessee, or member of the tenant's or lessee's household and | ||||||
11 | shall not constitute a valid invitation to come upon the | ||||||
12 | premises or a defense to a criminal trespass to real property.
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law. |