Sen. Michael W. Frerichs

Filed: 3/1/2010

 

 


 

 


 
09600SB3782sam001 LRB096 20335 AJO 37869 a

1
AMENDMENT TO SENATE BILL 3782

2     AMENDMENT NO. ______. Amend Senate Bill 3782 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Code of Civil Procedure is amended by
5 adding Section 9-121 as follows:
 
6     (735 ILCS 5/9-121 new)
7     Sec. 9-121. Sealing of court file.
8     (a) Definition. As used in this Section, "court file" means
9 the court file created when a forcible entry and detainer
10 action is filed with the court.
11     (b) Discretionary sealing of court file. The court may
12 order that a court file in a forcible entry and detainer action
13 be placed under seal if the court finds that the plaintiff's
14 action is sufficiently without a basis in fact or law, which
15 may include a lack of jurisdiction, that placing the court file
16 under seal is clearly in the interests of justice, and that

 

 

09600SB3782sam001 - 2 - LRB096 20335 AJO 37869 a

1 those interests are not outweighed by the public's interest in
2 knowing about the record.
3     (c) Mandatory sealing of court file. The court file
4 relating to a forcible entry and detainer action brought
5 against a tenant who would have lawful possession of the
6 premises but for the foreclosure on the property shall be
7 sealed pursuant to Section 15-1701.
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.".