Rep. Delia C. Ramirez

Filed: 3/12/2020





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2    AMENDMENT NO. ______. Amend House Bill 4911 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Civil Procedure is amended by
5changing Sections 9-121 and 15-1701 and by adding Section 9-122
6as follows:
7    (735 ILCS 5/9-121)
8    Sec. 9-121. Sealing of court file.
9    (a) The plaintiff shall attach an affidavit to the
10complaint in an eviction action. The affidavit shall be
11verified by the plaintiff and specify whether the court file
12qualifies for mandatory sealing under paragraph (5), (6), (7),
13or (8) of subsection (c) and whether the court file is exempt
14from sealing under subsection (f). If the plaintiff identifies
15the court file as not qualifying for mandatory sealing or as
16exempt from sealing, the affidavit shall include a statement



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1that sets forth the reasoning and basis therefor.
2    If the plaintiff fails to comply with this subsection, the
3court shall order the sealing of the court file.
4    Nothing in this subsection imposes a duty upon the clerk of
5the circuit court to inspect an eviction action complaint for
6compliance with this subsection. Definition. As used in this
7Section, "court file" means the court file created when an
8eviction action is filed with the court.
9    (b) Discretionary sealing of court file. The court may, on
10its own motion or that of any party, order the sealing of that
11a court file in an eviction action, regardless of the final
12disposition of the action, be placed under seal if the court
13finds that:
14        (1) the plaintiff's action is sufficiently without a
15    basis in fact or law, which may include a lack of
16    jurisdiction;
17        (2) the defendant has a prima facie defense to the
18    eviction action;
19        (3) the defendant is eligible for the benefits granted
20    to a service member under Section 9-107.10;
21        (4) the defendant has established the grounds required
22    to deny the plaintiff's motion to extend the period of
23    enforcement for an eviction order under Section 9-117; or
24        (5) grounds exist that otherwise demonstrate that the
25    interests of justice in sealing the court file outweigh the
26    interests of the public in maintaining a public record of



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1    the case after considering the following:
2            (i) whether the sealing of the court file is
3        disputed by the plaintiff, and if so, the adverse
4        effects on the plaintiff if the court file is sealed;
5            (ii) the adverse effects on the defendant if the
6        court file is accessible to the public;
7            (iii) any mitigating evidence concerning the basis
8        for or disposition of the eviction action presented by
9        the defendant, including whether the defendant had any
10        defenses to the action or whether the tenancy was
11        reinstated after disposition of the action; and
12            (iv) any evidence presented by the parties
13        relevant to the court in balancing the interests of
14        justice against the interests of the public in
15        accordance with this paragraph , that placing the court
16        file under seal is clearly in the interests of justice,
17        and that those interests are not outweighed by the
18        public's interest in knowing about the record.
19    (c) Mandatory sealing of court file. The court shall order
20the sealing of the court file in an eviction action:
21        (1) upon dismissal of the plaintiff's claim for
22    possession;
23        (2) upon entry of a written agreement by the parties to
24    seal the court file;
25        (3) upon motion, if the court finds that the defendant
26    in any eviction action maintained pursuant to Section 9-209



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1    has fully satisfied the judgment for rent, or that the
2    financial obligation owed to the plaintiff has been
3    discharged or paid under Chapter 7 or 13 of Title 11 of the
4    United States Code;
5        (4) if more than 3 years have elapsed since the filing
6    of the eviction action, regardless of the disposition of
7    the action;
8        (5) if the eviction action is maintained under Section
9    9-213 or pursuant to a predicate notice or demand for
10    possession under Section 9-205, 9-207, or 9-207.5;
11        (6) if the plaintiff seeks to evict a tenant, lessee,
12    or occupant as set forth in paragraph (6) of subsection (h)
13    of Section 15-1701;
14        (7) if the eviction action is maintained under
15    paragraph (7) of subsection (a) of Section 9-102 against a
16    tenant, lessee, or occupant in accordance with subsection
17    (a-5) of Section 9-104.2, or if the lessor or owner of the
18    condominium unit failed to comply with the leasing
19    requirements under subsection (n) of Section 18 of the
20    Condominium Property Act or by the declaration, bylaws,
21    rules, or regulations of the condominium in accordance with
22    subsection (c-5) of Section 9-104.2; or
23        (8) if the complaint or the predicate notice or demand
24    for possession upon which the plaintiff's action is based
25    does not allege, or the court does not find, that the
26    tenant or occupant materially breached the lease, or, if



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1    the property the plaintiff seeks possession of is subject
2    to the Condominium Property Act, any violation by the
3    tenant, occupant, or lessee of the covenants, rules,
4    regulations, or bylaws of the condominium.
5    (d) For all eviction actions filed after the effective date
6of this amendatory Act of the 101st General Assembly in which
7the court has not entered an order that exempts the court file
8from sealing under subsection (f), the court shall
9automatically order, on or before January 1 and July 1 of each
10year, the sealing of all court files in accordance with
11paragraph (4) of subsection (c). Nothing in this subsection
12prevents the defendant in an eviction action filed prior to the
13effective date of this amendatory Act of the 101st General
14Assembly from filing a motion to seal his or her court file
15pursuant to subsection (b) or (c).
16    (e) At the earliest upon filing the complaint and no later
17than the return court date on the original summons issued with
18the complaint that commenced the action, the court shall
19examine the complaint, the affidavit attached pursuant to
20subsection (a), all matters apparent from the papers on file in
21the case, and any testimony or evidence offered by the
22defendant, and make a determination whether the court file is
23exempt from sealing under this Section, and if not, whether the
24court file qualifies for mandatory sealing under paragraph (5),
25(6), (7), or (8) of subsection (c).
26    The court shall enter an order that plainly states its



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1determinations and its reasoning therefor.
2    Except as provided in subsection (f), the defendant in any
3eviction action, including an action filed before the effective
4date of this amendatory Act of the 101st General Assembly, may
5move to seal the court file, notwithstanding any waiver of the
6right to seal contained in any lease, contract, or other
8    The court shall grant the defendant's motion to seal if the
9plaintiff fails to timely respond to a written motion to seal
10or fails to appear at the time and date set for hearing of the
11motion to seal.
12    Upon determining that a court file qualifies for sealing
13under subsection (b) or (c), the court shall enter a separate
14order to seal the court file.
15    No finding of any issue of fact or law in connection with
16the sealing of the court file is a determination of the merits
17of the case or any aspect thereof. Neither the determination
18made by the court under this subsection nor any evidence
19offered by the parties in connection with the determination
20precludes the defendant from making any motion or defense that
21he or she might otherwise have made.
22    (f) A court file shall not be sealed under this Section if
23it pertains to an eviction action: (i) that is not a
24residential eviction action; or (ii) in which the property the
25plaintiff seeks possession of is subject to the Condominium
26Property Act and no tenant or occupant is named as a defendant



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1in the action.
2    (g) Upon motion and order of the court, a court file sealed
3under this Section may be made accessible for scholarly,
4educational, journalistic, or governmental purposes only,
5balancing the interests of the parties and the public in
6nondisclosure with the interests of the requesting party.
7Identifying information of the parties shall remain sealed
8unless the court orders that release of such information is
9necessary to fulfill the purpose of the request. Nothing in
10this subsection shall permit the release of a sealed court file
11or the information contained therein for a commercial purpose
12file relating to an eviction action brought against a tenant
13under Section 9-207.5 of this Code or as set forth in
14subdivision (h)(6) of Section 15-1701 of this Code shall be
15placed under seal.
16(Source: P.A. 100-173, eff. 1-1-18.)
17    (735 ILCS 5/9-122 new)
18    Sec. 9-122. Dissemination and use of information contained
19in a sealed court file.
20    (a) As used in this Section:
21    "Consumer report" has the meaning provided in Section 603
22of the Fair Credit Reporting Act, 15 U.S.C. 1681a(d).
23    "Consumer reporting agency" has the meaning provided in
24Section 603 of the Fair Credit Reporting Act, 15 U.S.C.



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1    "Dissemination" or "disseminate" means to publish,
2produce, print, manufacture, copy, distribute, sell, lease,
3exhibit, broadcast, display, transmit, or otherwise share
4information in any format so as to make the information
5accessible to others.
6    "Eviction record" means information in electronic or
7physical form consisting of identifiable descriptions and
8notations of notices, complaints, summons, motions, judgments,
9or any other court document that relates to an eviction action.
10    (b) If a person knows or has reasonable cause to know that
11the information is derived from a sealed eviction record, he or
12she shall not disseminate any information contained in a sealed
13eviction record.
14    (c) A consumer reporting agency, including a tenant
15background screening service, shall not disseminate an
16eviction record or information derived from an eviction record
17that pertains to an eviction action in which the court has not
18entered a final order or judgment in the action, or is sealed
19or impounded under Section 9-121 or otherwise made confidential
20by the court, or use such an action as a factor to determine
21any score, evaluation, or recommendation to be included in a
22consumer report pertaining to a defendant named in the action.
23A consumer reporting agency may include in a consumer report
24information found in a publicly available court file if: (i)
25the consumer's full name, date of birth, social security
26number, and both the basis and final disposition for any



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1eviction action reported are included in the report; (ii) the
2consumer is permitted to include a 100-word statement about any
3court file included in any way in the report; and (iii) the
4information is removed from the report and from the calculation
5of any score or recommendation therein within 7 days of the
6sealing of the court file from which it is derived.
7    Any violation of this subsection is an unlawful practice
8under the Consumer Fraud and Deceptive Business Practices Act.
9    (d) Any person who violates this Section is liable to the
10defendant named in the eviction action for $2,000 for each
11violation or twice the actual and consequential damages
12sustained, whichever is greater, and the costs of the action,
13including reasonable attorney's fees.
14    (e) This Section does not apply to a defendant who is the
15subject of the eviction record, his or her counsel, the court,
16the clerk of the circuit court, or the sheriff.
17    (f) Any waiver of the provisions of this Section is
18contrary to public policy and is void and unenforceable.
19Nothing in this Section shall be deemed to waive the rights or
20remedies of any consumer under any law, rule, or regulation.
21    (g) Nothing in this Section prohibits the dissemination of
22information regarding a judgment for rent for the sole purpose
23of enforcing such a judgment pursuant to Article XII.
24    (h) Nothing in this Section prohibits the provision of the
25eviction order to a sheriff for the sole purpose of enforcement
26of the order.



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1    (i) If any provision of this Section or its application to
2any person or circumstance is held invalid, the invalidity of
3that provision or application does not affect other provisions
4or applications of this Section that can be given effect
5without the invalid provision or application.
6    (735 ILCS 5/15-1701)  (from Ch. 110, par. 15-1701)
7    Sec. 15-1701. Right to possession.
8    (a) General. The provisions of this Article shall govern
9the right to possession of the mortgaged real estate during
10foreclosure. Possession under this Article includes physical
11possession of the mortgaged real estate to the same extent to
12which the mortgagor, absent the foreclosure, would have been
13entitled to physical possession. For the purposes of Part 17,
14real estate is residential real estate only if it is
15residential real estate at the time the foreclosure is
17    (b) Pre-Judgment. Prior to the entry of a judgment of
19        (1) In the case of residential real estate, the
20    mortgagor shall be entitled to possession of the real
21    estate except if (i) the mortgagee shall object and show
22    good cause, (ii) the mortgagee is so authorized by the
23    terms of the mortgage or other written instrument, and
24    (iii) the court is satisfied that there is a reasonable
25    probability that the mortgagee will prevail on a final



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1    hearing of the cause, the court shall upon request place
2    the mortgagee in possession. If the residential real estate
3    consists of more than one dwelling unit, then for the
4    purpose of this Part residential real estate shall mean
5    only that dwelling unit or units occupied by persons
6    described in clauses (i), (ii) and (iii) of Section
7    15-1219.
8        (2) In all other cases, if (i) the mortgagee is so
9    authorized by the terms of the mortgage or other written
10    instrument, and (ii) the court is satisfied that there is a
11    reasonable probability that the mortgagee will prevail on a
12    final hearing of the cause, the mortgagee shall upon
13    request be placed in possession of the real estate, except
14    that if the mortgagor shall object and show good cause, the
15    court shall allow the mortgagor to remain in possession.
16    (c) Judgment Through 30 Days After Sale Confirmation. After
17the entry of a judgment of foreclosure and through the 30th day
18after a foreclosure sale is confirmed:
19        (1) Subsection (b) of Section 15-1701 shall be
20    applicable, regardless of the provisions of the mortgage or
21    other instrument, except that after a sale pursuant to the
22    judgment the holder of the certificate of sale (or, if
23    none, the purchaser at the sale) shall have the mortgagee's
24    right to be placed in possession, with all rights and
25    duties of a mortgagee in possession under this Article.
26        (2) Notwithstanding paragraph (1) of subsection (b)



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1    and paragraph (1) of subsection (c) of Section 15-1701,
2    upon request of the mortgagee, a mortgagor of residential
3    real estate shall not be allowed to remain in possession
4    between the expiration of the redemption period and through
5    the 30th day after sale confirmation unless (i) the
6    mortgagor pays to the mortgagee or such holder or
7    purchaser, whichever is applicable, monthly the lesser of
8    the interest due under the mortgage calculated at the
9    mortgage rate of interest applicable as if no default had
10    occurred or the fair rental value of the real estate, or
11    (ii) the mortgagor otherwise shows good cause. Any amounts
12    paid by the mortgagor pursuant to this subsection shall be
13    credited against the amounts due from the mortgagor.
14    (d) After 30 Days After Sale Confirmation. The holder of
15the certificate of sale or deed issued pursuant to that
16certificate or, if no certificate or deed was issued, the
17purchaser, except to the extent the holder or purchaser may
18consent otherwise, shall be entitled to possession of the
19mortgaged real estate, as of the date 30 days after the order
20confirming the sale is entered, against those parties to the
21foreclosure whose interests the court has ordered terminated,
22without further notice to any party, further order of the
23court, or resort to proceedings under any other statute other
24than this Article. This right to possession shall be limited by
25the provisions governing entering and enforcing orders of
26possession under subsection (g) of Section 15-1508. If the



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1holder or purchaser determines that there are occupants of the
2mortgaged real estate who have not been made parties to the
3foreclosure and had their interests terminated therein, the
4holder or purchaser may bring an eviction proceeding under
5subsection (h) of this Section, if applicable, or under Article
6IX of this Code to terminate the rights of possession of any
7such occupants. The holder or purchaser shall not be entitled
8to proceed against any such occupant under Article IX of this
9Code until after 30 days after the order confirming the sale is
11    (e) Termination of Leases. A lease of all or any part of
12the mortgaged real estate shall not be terminated automatically
13solely by virtue of the entry into possession by (i) a
14mortgagee or receiver prior to the entry of an order confirming
15the sale, (ii) the holder of the certificate of sale, (iii) the
16holder of the deed issued pursuant to that certificate, or (iv)
17if no certificate or deed was issued, the purchaser at the
19    (f) Other Statutes; Instruments. The provisions of this
20Article providing for possession of mortgaged real estate shall
21supersede any other inconsistent statutory provisions. In
22particular, and without limitation, whenever a receiver is
23sought to be appointed in any action in which a foreclosure is
24also pending, a receiver shall be appointed only in accordance
25with this Article. Except as may be authorized by this Article,
26no mortgage or other instrument may modify or supersede the



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1provisions of this Article.
2    (g) Certain Leases. Leases of the mortgaged real estate
3entered into by a mortgagee in possession or a receiver and
4approved by the court in a foreclosure shall be binding on all
5parties, including the mortgagor after redemption, the
6purchaser at a sale pursuant to a judgment of foreclosure and
7any person acquiring an interest in the mortgaged real estate
8after entry of a judgment of foreclosure in accordance with
9Sections 15-1402 and 15-1403.
10    (h) Proceedings Against Certain Occupants.
11        (1) The mortgagee-in-possession of the mortgaged real
12    estate under Section 15-1703, a receiver appointed under
13    Section 15-1704, a holder of the certificate of sale or
14    deed, or the purchaser may, at any time during the pendency
15    of the foreclosure and up to 90 days after the date of the
16    order confirming the sale, file a supplemental eviction
17    petition against a person not personally named as a party
18    to the foreclosure. This subsection (h) does not apply to
19    any lessee with a bona fide lease of a dwelling unit in
20    residential real estate in foreclosure.
21        (2) The supplemental eviction petition shall name each
22    such occupant against whom an eviction order is sought and
23    state the facts upon which the claim for relief is
24    premised.
25        (3) The petitioner shall serve upon each named occupant
26    the petition, a notice of hearing on the petition, and, if



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1    any, a copy of the certificate of sale or deed. The
2    eviction proceeding, including service of the notice of the
3    hearing and the petition, shall in all respects comport
4    with the requirements of Article IX of this Code, except as
5    otherwise specified in this Section. The hearing shall be
6    no less than 21 days from the date of service of the
7    notice.
8        (4) The supplemental petition shall be heard as part of
9    the foreclosure proceeding and without the payment of
10    additional filing fees. An eviction order obtained under
11    this Section shall name each occupant whose interest has
12    been terminated, shall recite that it is only effective as
13    to the occupant so named and those holding under them, and
14    shall be enforceable for no more than 120 days after its
15    entry, except that the 120-day period may be extended to
16    the extent and in the manner provided in Section 9-117 of
17    Article IX and except as provided in item (5) of this
18    subsection (h).
19        (5) In a case of foreclosure where the occupant is
20    current on his or her rent, or where timely written notice
21    of to whom and where the rent is to be paid has not been
22    provided to the occupant, or where the occupant has made
23    good-faith efforts to make rental payments in order to keep
24    current, any eviction order must allow the occupant to
25    retain possession of the property covered in his or her
26    rental agreement (i) for 120 days following the notice of



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1    the hearing on the supplemental petition that has been
2    properly served upon the occupant, or (ii) through the
3    duration of his or her lease, whichever is shorter,
4    provided that if the duration of his or her lease is less
5    than 30 days from the date of the order, the order shall
6    allow the occupant to retain possession for 30 days from
7    the date of the order. A mortgagee in possession, receiver,
8    holder of a certificate of sale or deed, or purchaser at
9    the judicial sale, who asserts that the occupant is not
10    current in rent, shall file an affidavit to that effect in
11    the supplemental petition proceeding. If the occupant has
12    been given timely written notice of to whom and where the
13    rent is to be paid, this item (5) shall only apply if the
14    occupant continues to pay his or her rent in full during
15    the 120-day period or has made good-faith efforts to pay
16    the rent in full during that period.
17        (6) The court records relating to a supplemental
18    eviction petition filed under this subsection (h) against
19    an occupant who is entitled to notice under item (5) of
20    this subsection (h), or relating to an eviction action
21    brought against an occupant who would have lawful
22    possession of the premises but for the foreclosure of a
23    mortgage on the property, or relating to a foreclosure
24    action in which a tenant or occupant is named as a
25    defendant in the foreclosure action, shall be ordered
26    sealed and shall not be disclosed to any person, other than



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1    a law enforcement officer or any other representative of a
2    governmental entity, except upon further order of the
3    court.
4    (i) Termination of bona fide leases. The holder of the
5certificate of sale, the holder of the deed issued pursuant to
6that certificate, or, if no certificate or deed was issued, the
7purchaser at the sale shall not terminate a bona fide lease of
8a dwelling unit in residential real estate in foreclosure
9except pursuant to Article IX of this Code.
10(Source: P.A. 100-173, eff. 1-1-18.)
11    Section 10. The Consumer Fraud and Deceptive Business
12Practices Act is amended by changing Section 2Z as follows:
13    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
14    Sec. 2Z. Violations of other Acts. Any person who knowingly
15violates the Automotive Repair Act, the Automotive Collision
16Repair Act, the Home Repair and Remodeling Act, the Dance
17Studio Act, the Physical Fitness Services Act, the Hearing
18Instrument Consumer Protection Act, the Illinois Union Label
19Act, the Installment Sales Contract Act, the Job Referral and
20Job Listing Services Consumer Protection Act, the Travel
21Promotion Consumer Protection Act, the Credit Services
22Organizations Act, the Automatic Telephone Dialers Act, the
23Pay-Per-Call Services Consumer Protection Act, the Telephone
24Solicitations Act, the Illinois Funeral or Burial Funds Act,



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1the Cemetery Oversight Act, the Cemetery Care Act, the Safe and
2Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the
3High Risk Home Loan Act, the Payday Loan Reform Act, the
4Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
53-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
63-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
7Internet Caller Identification Act, paragraph (6) of
8subsection (k) of Section 6-305 of the Illinois Vehicle Code,
9Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
10or 18d-153 of the Illinois Vehicle Code, Article 3 of the
11Residential Real Property Disclosure Act, the Automatic
12Contract Renewal Act, the Reverse Mortgage Act, Section 25 of
13the Youth Mental Health Protection Act, the Personal
14Information Protection Act, subsection (c) of Section 9-122 of
15the Code of Civil Procedure, or the Student Online Personal
16Protection Act commits an unlawful practice within the meaning
17of this Act.
18(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
19eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
20100-863, eff. 8-14-18.)".