Full Text of HB5523 96th General Assembly
HB5523ham002 96TH GENERAL ASSEMBLY
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Rep. Karen A. Yarbrough
Filed: 3/15/2010
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| AMENDMENT TO HOUSE BILL 5523
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| AMENDMENT NO. ______. Amend House Bill 5523 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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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| (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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| 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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| 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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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.".
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