HB5180 102ND GENERAL ASSEMBLY

LRB102 25306 LNS 34579 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5180

Introduced 1/31/2022, by Rep. Will Guzzardi

SYNOPSIS AS INTRODUCED:

735 ILCS 5/9-121
815 ILCS 505/2Z	from Ch. 121 1/2, par. 262Z

Amends the Eviction Article of the Code of Civil Procedure. Removes language providing for the discretionary sealing of a court file and the mandatory sealing of a court file. Provides that a court file shall be impounded upon the commencement of any residential eviction action. Allows the court to unimpound a court file if a judgment is entered in favor of the landlord, except for specified circumstances. Requires the court to impound the court file of any residential eviction case initiated 7 or more years prior to the amendatory Act regardless of the disposition of the case. Allows a tenant to file a motion to impound a court file for any residential eviction case filed less than 7 years ago that was not impounded. Requires an impounded or sealed court file to be made available only to a litigant in the case, litigant's counsel or prospective counsel, public employee responsible for processing the residential eviction action, and State or local government employee or contractor responsible for processing court-based rental assistance. Allows a scholarly, public policy, or court reform agency or educational, journalistic, or governmental body to access all impounded files by filing a motion with the judge presiding over evictions in that judicial district or county. Provides that any person who disseminates a sealed or impounded court file, or the information contained therein, for commercial purposes is liable for a civil penalty of $2,000 or twice the actual and consequential damages sustained, whichever is greater, as well as the costs of the action, including reasonable attorney's fees. Allows the Attorney General to enforce violations of the amendatory Act. Provides that a tenant need not report a court record that is sealed or impounded to a prospective landlord. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 9-121 as follows:

(735 ILCS 5/9-121)

Sec. 9-121. Impounding Sealing of court file.

(a) Definition. As used in this Section: ,

"Court court file" means the court file created when an eviction action is filed with the court.

"Impound" or "impoundment" means to bar access to a court file to anyone other than a person listed in subsections (f) and (g).

(b) The court file shall be impounded upon the commencement of any residential eviction action. Discretionary sealing of court file. The court may order that a court file in an eviction action be placed under seal if the court finds that the plaintiff's action is sufficiently without a basis in fact or law, which may include a lack of jurisdiction, that placing the court file under seal is clearly in the interests of justice, and that those interests are not outweighed by the public's interest in knowing about the record.

(c) If the court enters a judgment in favor of the landlord, the court may unimpound the court file. The court shall not unimpound the file if:

(1) the eviction action was brought against a tenant under Section 9-207.5 or as set forth in paragraph (6) of subsection (h) of Section 15-1701;

(2) the eviction action was brought against a tenant or occupant as set forth in paragraph (7) of subsection (a) of Section 9-102 and the court did not find that a tenant or occupant materially violated the lease or covenants, rules, regulations, or bylaws of the condominium;

(3) the interests of justice in impounding the court file outweigh the public interest in maintaining a public record;

(4) the parties to the eviction action agree the court file shall remain impounded; or

(5) the complaint did not allege a material lease violation by the tenant. Mandatory sealing of court file. The court file relating to an eviction action brought against a tenant under Section 9-207.5 of this Code or as set forth in subdivision (h)(6) of Section 15-1701 of this Code shall be placed under seal.

(d) For any residential eviction case initiated 7 or more years prior to this amendatory Act of the 102nd General Assembly, the court shall impound the court file regardless of the disposition of the case. Thereafter, the court shall impound the court file if the case was initiated 7 years prior regardless of the disposition of the case. This Section is operative on and after August 1, 2022.

(e) For any residential eviction case filed less than 7 years ago that was not impounded under subsection (b), the tenant may file a motion to impound the court file. The court shall impound the record according to the standard for impounding established in subsection (c) or if the court has not entered a judgment against the tenant.

(f) An impounded or sealed court file shall be made available, without submitting a motion, only to a litigant in the case, litigant's counsel or prospective counsel, public employee responsible for processing the residential eviction action, and State or local government employee or contractor responsible for processing court-based rental assistance. Prospective counsel shall present a request in substantially the form provided below. Upon presenting this form to the office of the clerk of the court, the clerk shall make the file available to the prospective counsel.

"Article IX of the Code of Civil Procedure allows a party to an eviction case, and the party's counsel and prospective counsel, to access the party's impounded or sealed eviction court file. The undersigned (and employees of the undersigned's law office, if applicable) may present this certificate to the clerk of the circuit court to review the above-captioned impounded or sealed eviction file. To protect the party's right to confidentiality, this certificate shall not be filed or served on other parties."

(g) A scholarly, public policy, or court reform agency or educational, journalistic, or governmental body may access all impounded files by filing a motion with the judge presiding over evictions in that judicial district or county. The presiding judge shall grant the motion and enter an order of the court to that effect upon a showing of scholarly, educational, public policy, court reform, journalistic, or governmental credential and purpose. Identifying information of the parties shall remain impounded, unless the court determines that release of the information is necessary to fulfill the purpose of the request and the interests of justice so dictate. Nothing in this subsection shall permit the release of an impounded court file or the information contained therein for a commercial purpose. The public policy agency may include a legal aid provider; however, the file shall be used only for its public policy purposes.

(h) Except as provided in subsections (g) and (f), any person who disseminates a sealed or impounded court file under this Section, or the information contained therein, for commercial purposes shall be liable for a civil penalty of $2,000 or twice the actual and consequential damages sustained, whichever is greater, as well as the costs of the action, including reasonable attorney's fees.

(i) The Attorney General may enforce a violation of this Section as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to the Attorney General for the enforcement of this Section.

(j) Nothing in this Section prohibits a landlord from receiving a reference from a previous landlord of a prospective tenant. Nothing in this Section prohibits a landlord from providing a reference for a previous or current tenant to a prospective landlord of that tenant.

(k) A tenant need not report a court record that is sealed or impounded to a prospective landlord.

(Source: P.A. 102-5, eff. 5-17-21.)

Section 10. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Installment Sales Contract Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Predatory Loan Prevention Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois Vehicle Code, Section 9-121 of the Code of Civil Procedure, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, the Reverse Mortgage Act, Section 25 of the Youth Mental Health Protection Act, the Personal Information Protection Act, or the Student Online Personal Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; 100-863, eff. 8-14-18; 101-658, eff. 3-23-21.)

Section 99. Effective date. This Act takes effect upon becoming law.