Illinois General Assembly - Full Text of SB0520
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Full Text of SB0520  102nd General Assembly

SB0520 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0520

 

Introduced 2/23/2021, by Sen. Patricia Van Pelt

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-102.5 new
735 ILCS 5/9-121

    Amends the Eviction Article of the Code of Civil Procedure. Provides that eviction proceedings shall be sealed and remain so unless a final order of eviction in favor of the plaintiff is entered. Provides that unsealed records shall remain unsealed for a period of 7 years. Provides that after 7 years, access to the court records may be obtained only by specified parties. Allows the court to order that the tenant's name in an eviction action related to a condominium be sealed. Effective 90 days after becoming law.


LRB102 14940 LNS 20295 b

 

 

A BILL FOR

 

SB0520LRB102 14940 LNS 20295 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 9-121 and by adding Section 9-102.5 as
6follows:
 
7    (735 ILCS 5/9-102.5 new)
8    Sec. 9-102.5. Sealing of records. Once an action under
9this Article is initiated, the clerk shall hold under seal all
10records under the action. The records shall be unsealed if the
11court enters a final order of eviction in favor of the
12plaintiff or plaintiffs and against the defendant or
13defendants. Once the records are unsealed, they shall remain
14part of the public record for a period of 7 years, at which
15time the clerk shall place the records under seal. The clerk
16shall provide access to the sealed files to:
17        (1) a named party to the action, including a party's
18    attorney;
19        (2) any person who provides the clerk with the names
20    of at least one plaintiff and one defendant and the
21    address of the premises, including the apartment or unit
22    number, if any;
23        (3) a resident of the premises who provides the clerk

 

 

SB0520- 2 -LRB102 14940 LNS 20295 b

1    with the name of one of the parties or the case number and
2    shows any proof of residency of the premises; and
3        (4) any person by order of the court upon a showing of
4    good cause.
 
5    (735 ILCS 5/9-121)
6    Sec. 9-121. Sealing of court file.
7    (a) Definition. As used in this Section, "court file"
8means the court file created when an eviction action is filed
9with the court.
10    (b) Discretionary sealing of court file. The court may
11order that a court file in an eviction action be placed under
12seal if the court finds that the plaintiff's action is
13sufficiently without a basis in fact or law, which may include
14a lack of jurisdiction, that placing the court file under seal
15is clearly in the interests of justice, and that those
16interests are not outweighed by the public's interest in
17knowing about the record. The court may order that the
18tenant's name in an action brought under Section 9-104.2 be
19sealed.
20    (c) Mandatory sealing of court file. The court file
21relating to an eviction action brought against a tenant under
22Section 9-207.5 of this Code or as set forth in subdivision
23(h)(6) of Section 15-1701 of this Code shall be placed under
24seal.
25(Source: P.A. 100-173, eff. 1-1-18.)
 

 

 

SB0520- 3 -LRB102 14940 LNS 20295 b

1    Section 99. Effective date. This Act takes effect 90 days
2after becoming law.