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| Public Act 104-0317 | ||||
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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 Sections 9-106 and 9-121 as follows: | ||||
(735 ILCS 5/9-106) (from Ch. 110, par. 9-106) | ||||
Sec. 9-106. Pleadings and evidence. | ||||
(a) On complaint by the party or parties entitled to the | ||||
possession of such premises being filed in the circuit court | ||||
for the county where such premises are situated, stating that | ||||
such party is entitled to the possession of such premises | ||||
(describing the same with reasonable certainty), and that the | ||||
defendant (naming the defendant) unlawfully withholds the | ||||
possession thereof from him, her or them, the clerk of the | ||||
court shall issue a summons. | ||||
(b) A complaint may not name a minor as a defendant. As | ||||
used in this Section, "minor" means a person under the age of | ||||
18, unless that person has been ordered emancipated under the | ||||
Emancipation of Minors Act and has the rights and | ||||
responsibilities of a mature minor under of the Emancipation | ||||
of Minors Act. | ||||
(c) A complaint that names a defendant who is a minor at | ||||
the time of filing shall be dismissed in its entirety against | ||||
all defendants. Any action dismissed under this Section shall | ||
be immediately sealed under Section 9-121. | ||
(d) In addition to any other remedies available to the | ||
minor, a minor who is willfully and wantonly named as a | ||
defendant in violation of this Section is entitled to | ||
reasonable attorney's fees, actual damages, and liquidated | ||
damages in the amount of $1,000. | ||
(e) Nothing in this Section prohibits a party from | ||
refiling an action against any defendants who otherwise may be | ||
properly named. Upon dismissing the case under this Section, | ||
the court may not waive any fees associated with refiling the | ||
action against defendants that are otherwise properly named. | ||
(f) The defendant may under a general denial of the | ||
allegations of the complaint offer in evidence any matter in | ||
defense of the action. Except as otherwise provided in Section | ||
9-120, no matters not germane to the distinctive purpose of | ||
the proceeding shall be introduced by joinder, counterclaim or | ||
otherwise. However, a claim for rent may be joined in the | ||
complaint, and judgment may be entered for the amount of rent | ||
found due. | ||
(Source: P.A. 90-360, eff. 1-1-98.) | ||
(735 ILCS 5/9-121) | ||
Sec. 9-121. Sealing of court file. | ||
(a) Definition. As used in this Section, "court file" | ||
means the court file created when an eviction action is filed | ||
with the court. | ||
(b) 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) 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 or that has been | ||
dismissed under Section 9-106 of this Code shall be placed | ||
under seal. | ||
(d) This Section is operative on and after August 1, 2022. | ||
(Source: P.A. 102-5, eff. 5-17-21.) | ||