Rep. Karen A. Yarbrough
Filed: 3/15/2010
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1 | AMENDMENT TO HOUSE BILL 5523
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2 | AMENDMENT NO. ______. Amend House Bill 5523 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 9-106.2 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; |
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1 | (2) based solely upon an incident of actual or | ||||||
2 | threatened domestic violence, dating violence, stalking, | ||||||
3 | or sexual violence against a tenant, lessee, or household | ||||||
4 | member; | ||||||
5 | (3) based solely upon criminal activity directly | ||||||
6 | relating to domestic violence, dating violence, stalking, | ||||||
7 | or sexual violence engaged in by a member of a tenant's or | ||||||
8 | lessee's household or any guest or other person under the | ||||||
9 | tenant's, lessee's, or household member's control, and | ||||||
10 | against the tenant, lessee, or household member; or | ||||||
11 | (4) based upon a demand for possession pursuant to | ||||||
12 | subsection (f) where the tenant, lessee, or household | ||||||
13 | member who was the victim of domestic violence, sexual | ||||||
14 | violence, stalking, or dating violence did not knowingly | ||||||
15 | consent to the barred person entering the premises or a | ||||||
16 | valid court order permitted the barred person's entry onto | ||||||
17 | the premises. | ||||||
18 | (b) When asserting the affirmative defense, at least one | ||||||
19 | form of the following types of evidence shall be provided to | ||||||
20 | support the affirmative defense: medical, court, or police | ||||||
21 | records documenting the violence or a statement from an | ||||||
22 | employee of a victim service organization or from a medical | ||||||
23 | professional from whom the tenant, lessee, or household member | ||||||
24 | has sought services. | ||||||
25 | (c) Nothing in subsection (a) shall prevent the landlord | ||||||
26 | from seeking possession solely against a tenant, household |
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1 | member, or lessee of the premises who perpetrated the violence | ||||||
2 | referred to in subsection (a). | ||||||
3 | (d) Nothing in subsection (a) shall prevent the landlord | ||||||
4 | from seeking possession against the entire household, | ||||||
5 | including the tenant, lessee, or household member who is a | ||||||
6 | victim of domestic violence, dating violence, stalking, or | ||||||
7 | sexual violence if the tenant, lessee, or household member's | ||||||
8 | continued tenancy would pose an actual and imminent threat to | ||||||
9 | other tenants, lessees, household members, the landlord or | ||||||
10 | their agents at the property. | ||||||
11 | (e) Nothing in subsection (a) shall prevent the landlord | ||||||
12 | from seeking possession against the tenant, lessee, or | ||||||
13 | household member who is a victim of domestic violence, dating | ||||||
14 | violence, stalking, or sexual violence if that tenant, lessee, | ||||||
15 | or household member has committed the criminal activity on | ||||||
16 | which the demand for possession is based. | ||||||
17 | (f) A landlord shall have the power to bar the presence of | ||||||
18 | a person from the premises owned by the landlord who is not a | ||||||
19 | tenant or lessee or who is not a member of the tenant's or | ||||||
20 | lessee's household. A landlord bars a person from the premises | ||||||
21 | by providing written notice to the tenant or lessee that the | ||||||
22 | person is no longer allowed on the premises. That notice shall | ||||||
23 | state that if the tenant invites the barred person onto any | ||||||
24 | portion of the premises, then the landlord may treat this as a | ||||||
25 | breach of the lease, whether or not this provision is contained | ||||||
26 | in the lease. Subject to paragraph (4) of subsection (a), the |
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1 | landlord may evict the tenant. | ||||||
2 | (g) Further, a landlord may give notice to a person that | ||||||
3 | the person is barred from the premises owned by the landlord. A | ||||||
4 | person has received notice from the landlord within the meaning | ||||||
5 | of this subsection if he has been notified personally, either | ||||||
6 | orally or in writing including a valid court order as defined | ||||||
7 | by subsection (7) of Section 112A-3 of the Code of Criminal | ||||||
8 | Procedure of 1963 granting remedy (2) of subsection (b) of | ||||||
9 | Section 112A-14 of that Code, or if a printed or written notice | ||||||
10 | forbidding such entry has been conspicuously posted or | ||||||
11 | exhibited at the main entrance to such land or the forbidden | ||||||
12 | part thereof. Any person entering the landlord's premises after | ||||||
13 | such notice has been given shall be guilty of criminal trespass | ||||||
14 | to real property as set forth in Section 21-3 of the Criminal | ||||||
15 | Code of 1961. After notice has been given, an invitation to the | ||||||
16 | person to enter the premises shall be void if made by a tenant, | ||||||
17 | lessee, or member of the tenant's or lessee's household and | ||||||
18 | shall not constitute a valid invitation to come upon the | ||||||
19 | premises or a defense to a criminal trespass to real property.
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
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