Full Text of HB2905 98th General Assembly
HB2905 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2905 Introduced , by Rep. Lou Lang SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Increases the penalty for unlawful clouding of title from a Class A misdemeanor to a Class 4 felony for a first offense, a Class 3 felony for a second offense, a Class 2 felony for a third offense, a Class 1 felony for a fourth offense, and a Class X felony for a fifth or subsequent offense.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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| | | HB2905 | | LRB098 08988 RLC 39123 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 32-13 as follows:
| 6 | | (720 ILCS 5/32-13)
| 7 | | Sec. 32-13. Unlawful clouding of title.
| 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
| 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.
| 16 | | (b) Unlawful clouding of title is a Class 4 felony for a | 17 | | first offense, a Class 3 felony for a second offense, a Class 2 | 18 | | felony for a third offense, a Class 1 felony for a fourth | 19 | | offense, and a Class X felony for a fifth or subsequent offense | 20 | | A misdemeanor .
| 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 |
| | | HB2905 | - 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
| 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.
| 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.
| 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.
| 24 | | (Source: P.A. 89-682, eff. 1-1-97.)
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