Illinois General Assembly - Full Text of SB1095
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Full Text of SB1095  96th General Assembly

SB1095sam001 96TH GENERAL ASSEMBLY

Sen. Michael W. Frerichs

Filed: 3/25/2009

 

 


 

 


 
09600SB1095sam001 LRB096 07172 AJO 24616 a

1
AMENDMENT TO SENATE BILL 1095

2     AMENDMENT NO. ______. Amend Senate Bill 1095 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Code of Civil Procedure is amended by
5 adding Section 9-121 as follows:
 
6     (735 ILCS 5/9-121 new)
7     Sec. 9-121. Expungement; court file.
8     (a) Definitions. As used in this Section:
9         "Expungement" means the removal of evidence of the
10     court file's existence from the publicly accessible
11     records.
12         "Court file" means the court file created when a
13     forcible entry and detainer action is filed with the court.
14     (b) Discretionary expungement. The court may order
15 expungement of a court file in a forcible entry and detainer
16 action if the court finds that the plaintiff's action is

 

 

09600SB1095sam001 - 2 - LRB096 07172 AJO 24616 a

1 sufficiently without a basis in fact or law, which may include
2 a lack of jurisdiction, that expungement is clearly in the
3 interests of justice, and those interests are not outweighed by
4 the public's interest in knowing about the record.
5     (c) Mandatory expungement. The court shall order
6 expungement of a court file in a forcible entry and detainer
7 action if the court finds that the defendant occupied real
8 property that was subject to contract for deed cancellation or
9 mortgage foreclosure and:
10         (1) the time for contract cancellation or foreclosure
11     redemption has expired and the defendant vacated the
12     property prior to commencement of the forcible entry and
13     detainer action; or
14         (2) the defendant was a tenant during the contract
15     cancellation or foreclosure redemption period and did not
16     receive a notice under this Part to vacate on a date prior
17     to commencement of the forcible entry and detainer action.
 
18     Section 99. Effective date. This Act takes effect upon
19 becoming law.".