SB3913 102ND GENERAL ASSEMBLY

LRB102 23420 LNS 32589 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3913

Introduced 1/21/2022, by Sen. Jacqueline Y. Collins

SYNOPSIS AS INTRODUCED:

735 ILCS 5/9-121
735 ILCS 5/9-121.5
735 ILCS 5/9-122
815 ILCS 505/2Z.5

Amends the Eviction Article of the Code of Civil Procedure. Provides that a sealed court file shall be made available to a State or local government employee or contractor responsible for processing court-based rental assistance. Requires prospective counsel to request a sealed court file in a specified form. Allows a scholarly, public policy, court reform agency, educational, journalistic, or governmental body to access all sealed files by filing a motion with the judge presiding over evictions in that judicial district or county. Changes operative and repeal dates to August 1, 2024 (currently August 1, 2022). Makes conforming changes in the Article and 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 Sections 9-121, 9-121.5, and 9-122 as follows:

(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 shall be placed under seal.

(d) This Section is operative on and after August 1, 2024 2022.

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

(735 ILCS 5/9-121.5)

(Section scheduled to be repealed on August 1, 2022)

Sec. 9-121.5. Sealing of court file.

(a) As used in this Section, "court file" means the court file created when an eviction action is filed with the court.

(b) The court shall order the sealing of any court file in a residential eviction action if:

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

(2) the parties to the eviction action agree to seal the court file;

(3) there was no material violation of the terms of the tenancy by the tenant; or

(4) the case was dismissed with or without prejudice.

(c) 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) A sealed court file shall be made available only to the litigants in the case, their counsel or prospective counsel, and public employees responsible for processing the residential eviction action, and State or local government employees or contractors responsible for processing court-based rental assistance. Prospective counsel shall make a request for the court file in substantially the form provided below:

"The Eviction Article 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 court to review the above-captioned sealed eviction file. To protect the party's right to confidentiality, this certificate shall not be filed or served on other parties."

Upon presentation of the form to the office of the clerk of the court, the clerk shall make the file available to the prospective counsel.

(e) A scholarly, public policy, court reform agency, educational, journalistic, or governmental body may access all sealed 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 upon a showing of scholarly, educational, public policy, court reform, journalistic, or governmental credential and purpose. Upon motion and order of the court, a sealed court file may be made available for scholarly, educational, journalistic, or governmental purposes only, balancing the interests of the parties and the public in nondisclosure with the interests of the requesting party. Identifying information of the parties shall remain sealed, 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 a sealed 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.

(f) Except as provided in subsections (d) and (e), any person who disseminates a court file sealed 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.

(g) 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 him or her for the enforcement of this Section.

(h) 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.

(i) This Section is repealed on August 1, 2024 2022.

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

(735 ILCS 5/9-122)

Sec. 9-122. COVID-19 emergency sealing of court file.

(a) As used in this Section, "COVID-19 emergency and economic recovery period" means the period beginning on March 9, 2020, when the Governor issued the first disaster proclamation for the State to address the circumstances related to COVID-19, and ending on August 1, 2024 March 31, 2022.

(b) The court file shall be sealed upon the commencement of any residential eviction action during the COVID-19 emergency and economic recovery period. If a residential eviction action filed during the COVID-19 emergency and economic recovery period is pending on the effective date of this Act and is not sealed, the court shall order the sealing of the court file. In accordance with Section 9-121.5, no sealed court file, sealed under this Section, shall be disseminated.

(c) If the court enters a judgment in favor of the landlord, the court may also enter an order to unseal the court file under this Section. A court shall order the court file to be unsealed if:

(1) the action is not based in whole or in part on the nonpayment of rent during the COVID-19 emergency and economic recovery period; and

(2) The requirements of subsection (b) or (c) of Section 9-121.5 have not been met.

(d) Subsections (d) through (h) of Section 9-121.5 shall also be applicable and incorporated into this Section.

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

Section 10. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z.5 as follows:

(815 ILCS 505/2Z.5)

(Section scheduled to be repealed on August 1, 2022)

Sec. 2Z.5. Dissemination of a sealed court file.

(a) A private entity or person who violates Section 9-121.5 of the Code of Civil Procedure commits an unlawful practice within the meaning of this Act.

(b) This Section is repealed on August 1, 2024 2022.

(Source: P.A. 102-5, eff. 5-17-21; 102-687, eff. 12-17-21.)

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