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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3782
Introduced 2/11/2010, by Sen. Michael W. Frerichs SYNOPSIS AS INTRODUCED:
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Amends the Code of Civil Procedure. Provides that a court may order that a court file in a forcible entry and detainer action be placed under seal if the court finds that the plaintiff's action is without a basis in fact or law, including a lack of jurisdiction, sealing the file is in the interests of justice, and those interests are not outweighed by the public's interest in the record. Provides that a court shall order that a file in a forcible entry and detainer action be sealed if the court finds that the defendant occupied real property that was subject to mortgage foreclosure and either the foreclosure redemption period expired and the defendant vacated the property before the action was filed, or the defendant was a tenant during the redemption period and did not receive a notice to vacate before the action was filed.
Effective immediately.
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A BILL FOR
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SB3782 |
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LRB096 20335 AJO 35967 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by adding |
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| Section 9-121 as follows:
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| (735 ILCS 5/9-121 new) |
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| Sec. 9-121. Sealing of court file. |
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| (a) Definitions. As used in this Section, "court file" |
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| means the court file created when a forcible entry and detainer |
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| action is filed with the court. |
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| (b) Discretionary sealing of court file. The court may |
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| order that a court file in a forcible entry and detainer action |
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| be placed under seal if the court finds that the plaintiff's |
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| action is sufficiently without a basis in fact or law, which |
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| may include a lack of jurisdiction, that placing the court file |
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| under seal is clearly in the interests of justice, and that |
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| those interests are not outweighed by the public's interest in |
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| knowing about the record. |
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| (c) Mandatory sealing of court file. The court shall order |
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| a court file in a forcible entry and detainer action be placed |
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| under seal if the court finds that the defendant was an |
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| occupant of real property that was subject to mortgage |
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| foreclosure and who was not made a party to the foreclosure |