Judiciary I - Civil Law Committee
Filed: 3/3/2010
 
 

 




 

 		












09600HB5523ham001

LRB096 18361 AJO 37859 a






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AMENDMENT TO HOUSE BILL 5523 




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    AMENDMENT NO. ______. Amend House Bill 5523 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 9-106.2 as follows:
 
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    (735 ILCS 5/9-106.2 new)
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    Sec. 9-106.2. Affirmative defense for violence.
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    (a)    It shall be an affirmative defense to an action 
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maintained under this Article IX if the demand for possession 
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is:
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        (1) based solely on the tenant's, lessee's, or 
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    household member's status as a victim of domestic violence 
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    or sexual violence as those terms are defined in Section 10 
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    of the Safe Homes Act, stalking as that term is defined in 
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    the Criminal Code of 1961, or dating violence;
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        (2) based solely upon an incident  of actual or 
 


 






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    threatened domestic violence, dating violence, stalking, 
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    or sexual violence against a tenant, lessee, or household 
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    member; or
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        (3) based solely upon criminal activity directly 
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    relating to domestic violence, dating violence, stalking, 
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    or sexual violence engaged in by a member of a tenant's or 
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    lessee's household or any guest or other person under the 
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    tenant's, lessee's, or household member's control, and 
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    against the tenant, lessee, or household member.
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    (b) When asserting the affirmative defense, at least one 
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form of the following types of evidence shall be provided to 
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support the affirmative defense: medical, court, or police 
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records documenting the violence or a statement from an 
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employee of a victim service organization, attorney, or medical 
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professional from whom the tenant, lessee, or household member 
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has sought services. 
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    (c)   Nothing in subsection (a) shall prevent the landlord 
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from seeking possession solely against a tenant, household 
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member, or lessee of the premises who perpetrated the violence 
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that was the cause of the action for possession.
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    (d) Nothing in subsection (a) shall prevent the landlord 
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from seeking possession against the entire household, 
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including the tenant, lessee, or household member who is a 
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victim of domestic violence, dating violence, stalking, or 
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sexual violence if the tenant, lessee, or household member's 
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continued tenancy would pose an actual and imminent threat to 
 


 






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other tenants, lessees, household members, the landlord or 
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their agents at the property. 
  
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".