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| | HB2905 Enrolled | | LRB098 08988 RLC 39123 b |
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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 A misdemeanor for |
| 17 | | a first offense if the cloud on the title has a value that does |
| 18 | | not exceed $10,000. Unlawful clouding of title is a Class 4 |
| 19 | | felony if the cloud on the title has a value that exceeds |
| 20 | | $10,000, or for a second or subsequent offense.
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| 21 | | (c) In addition to any other sentence that may be imposed, |
| 22 | | the court shall
order any person convicted of a violation of |
| 23 | | this Section, or placed on
supervision for a violation of this |
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| | HB2905 Enrolled | - 2 - | LRB098 08988 RLC 39123 b |
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| 1 | | Section, to execute a release of the
purported cloud on title |
| 2 | | as may be requested by or on behalf of any person
whose |
| 3 | | property is encumbered or potentially encumbered by the |
| 4 | | document filed.
Irrespective of whether or not a person charged |
| 5 | | under this Section is convicted
of the offense of unlawful |
| 6 | | clouding of title, when the evidence demonstrates
that, as a |
| 7 | | matter of law, the cloud on title is not a type of cloud
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| 8 | | recognized or authorized by the courts of this State or the |
| 9 | | United
States, the court shall forthwith direct the recorder or |
| 10 | | registrar of titles to
expunge the cloud.
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| 11 | | (c-5) This Section does not apply to an attorney licensed |
| 12 | | to practice law
in this State who in good faith files a lien on |
| 13 | | behalf of his or her client and
who in good faith believes that |
| 14 | | the validity of the lien is supported by
statutory law, by a |
| 15 | | decision of a court of law, or by a good faith argument
for an |
| 16 | | extension, modification, or
reversal of existing court |
| 17 | | decisions relating to the validity of the lien.
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| 18 | | (d) For purposes of this Section, "cloud on title" or |
| 19 | | "cloud on the title"
means an outstanding claim or encumbrance |
| 20 | | that, if valid, would affect or
impair the title of the owner |
| 21 | | of an estate in land and on its face has that
effect, but can be |
| 22 | | shown by extrinsic proof to be invalid or inapplicable to
that |
| 23 | | estate.
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| 24 | | (Source: P.A. 89-682, eff. 1-1-97.)
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