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90_SB1086
720 ILCS 5/32-13
Amends the Criminal Code of 1961. Makes a grammatical
change in the Section defining the offense of unlawful
clouding of title.
LRB9003504RCks
LRB9003504RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 32-13.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 32-13 as follows:
7 (720 ILCS 5/32-13)
8 Sec. 32-13. Unlawful clouding of title.
9 (a) A Any person who intentionally records or files or
10 causes to be recorded or filed any document in the office of
11 the recorder or registrar of titles of any county of this
12 State that is a cloud on the title of land in this State,
13 knowing that the theory upon which the purported cloud on
14 title is based is not recognized as a legitimate legal theory
15 by the courts of this State or of the United States, commits
16 the offense of unlawful clouding of title.
17 (b) Unlawful clouding of title is a Class A misdemeanor.
18 (c) In addition to any other sentence that may be
19 imposed, the court shall order any person convicted of a
20 violation of this Section, or placed on supervision for a
21 violation of this Section, to execute a release of the
22 purported cloud on title as may be requested by or on behalf
23 of any person whose property is encumbered or potentially
24 encumbered by the document filed. Irrespective of whether or
25 not a person charged under this Section is convicted of the
26 offense of unlawful clouding of title, when the evidence
27 demonstrates that, as a matter of law, the cloud on title is
28 not a type of cloud recognized or authorized by the courts of
29 this State or the United States, the court shall forthwith
30 direct the recorder or registrar of titles to expunge the
31 cloud.
-2- LRB9003504RCks
1 (c-5) This Section does not apply to an attorney
2 licensed to practice law in this State who in good faith
3 files a lien on behalf of his or her client and who in good
4 faith believes that the validity of the lien is supported by
5 statutory law, by a decision of a court of law, or by a good
6 faith argument for an extension, modification, or reversal of
7 existing court decisions relating to the validity of the
8 lien.
9 (d) For purposes of this Section, "cloud on title" or
10 "cloud on the title" means an outstanding claim or
11 encumbrance that, if valid, would affect or impair the title
12 of the owner of an estate in land and on its face has that
13 effect, but can be shown by extrinsic proof to be invalid or
14 inapplicable to that estate.
15 (Source: P.A. 89-682, eff. 1-1-97.)