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| 1 | AN ACT concerning criminal 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 Criminal Code of 2012 is amended by changing | ||||||
| 5 | Section 32-13 as follows:
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| 6 | (720 ILCS 5/32-13)
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| 7 | Sec. 32-13. Unlawful clouding of title.
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| 8 | (a) Any person who intentionally records or files or causes | ||||||
| 9 | to be recorded
or filed any document in the office of the | ||||||
| 10 | recorder or registrar of titles of
any county of this State | ||||||
| 11 | that is a cloud on the title of land in
this State, knowing | ||||||
| 12 | that the theory upon which the purported cloud on title is
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| 13 | based is not recognized as a legitimate legal theory by the | ||||||
| 14 | courts of this
State or of the United States, commits the | ||||||
| 15 | offense of unlawful clouding of
title.
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| 16 | (b) Unlawful clouding of title is a Class 4 felony A | ||||||
| 17 | misdemeanor.
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| 18 | (c) In addition to any other sentence that may be imposed, | ||||||
| 19 | the court shall
order any person convicted of a violation of | ||||||
| 20 | this Section, or placed on
supervision for a violation of this | ||||||
| 21 | Section, to execute a release of the
purported cloud on title | ||||||
| 22 | as may be requested by or on behalf of any person
whose | ||||||
| 23 | property is encumbered or potentially encumbered by the | ||||||
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| 1 | document filed.
Irrespective of whether or not a person charged | ||||||
| 2 | under this Section is convicted
of the offense of unlawful | ||||||
| 3 | clouding of title, when the evidence demonstrates
that, as a | ||||||
| 4 | matter of law, the cloud on title is not a type of cloud
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| 5 | recognized or authorized by the courts of this State or the | ||||||
| 6 | United
States, the court shall forthwith direct the recorder or | ||||||
| 7 | registrar of titles to
expunge the cloud.
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| 8 | (c-5) This Section does not apply to an attorney licensed | ||||||
| 9 | to practice law
in this State who in good faith files a lien on | ||||||
| 10 | behalf of his or her client and
who in good faith believes that | ||||||
| 11 | the validity of the lien is supported by
statutory law, by a | ||||||
| 12 | decision of a court of law, or by a good faith argument
for an | ||||||
| 13 | extension, modification, or
reversal of existing court | ||||||
| 14 | decisions relating to the validity of the lien.
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| 15 | (d) For purposes of this Section, "cloud on title" or | ||||||
| 16 | "cloud on the title"
means an outstanding claim or encumbrance | ||||||
| 17 | that, if valid, would affect or
impair the title of the owner | ||||||
| 18 | of an estate in land and on its face has that
effect, but can be | ||||||
| 19 | shown by extrinsic proof to be invalid or inapplicable to
that | ||||||
| 20 | estate.
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| 21 | (Source: P.A. 89-682, eff. 1-1-97.)
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