Full Text of SB1547 99th General Assembly
SB1547enr 99TH GENERAL ASSEMBLY |
| | SB1547 Enrolled | | LRB099 10920 AWJ 31259 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by adding Section | 5 | | 5-1005.10 as follows: | 6 | | (55 ILCS 5/5-1005.10 new) | 7 | | Sec. 5-1005.10. Ordinances penalizing tenants who contact | 8 | | police or other emergency services prohibited. | 9 | | (a) Definitions. As used in this Section: | 10 | | "Contact" includes any communication made by a tenant, | 11 | | landlord, guest, neighbor, or other individual to police or | 12 | | other emergency services. | 13 | | "Criminal activity" means a violation of the Criminal Code | 14 | | of 2012, of the Cannabis Control Act, of the Illinois | 15 | | Controlled Substances Act, or of the Methamphetamine Control | 16 | | and Community Protection Act. | 17 | | "Disability" means, with respect to a person: | 18 | | (1) a physical or mental impairment which | 19 | | substantially limits one or more of such person's major life | 20 | | activities; | 21 | | (2) a record of having such an impairment; or | 22 | | (3) being regarded as having such an impairment, but | 23 | | such term does not include current, illegal use of or addiction |
| | | SB1547 Enrolled | - 2 - | LRB099 10920 AWJ 31259 b |
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| 1 | | to a controlled substance, as defined in the federal Controlled | 2 | | Substances Act, 21 U.S.C. 802. | 3 | | "Domestic violence", "landlord", "sexual violence", and | 4 | | "tenant" have the meanings provided under Section 10 of the | 5 | | Safe Homes Act. | 6 | | "Dwelling unit" has the meaning provided under subsection | 7 | | (a) of Section 15 of the Landlord and Tenant Act. | 8 | | "Penalizes" includes, but is not limited to: | 9 | | (1) assessment of fees or fines; | 10 | | (2) revocation, suspension, or nonrenewal of any | 11 | | license or permit required for the rental or occupancy of | 12 | | any dwelling unit; | 13 | | (3) termination or denial of a subsidized housing | 14 | | contract or housing subsidy; and | 15 | | (4) termination or nonrenewal of a residential lease | 16 | | agreement. | 17 | | "Subsidized housing" has the meaning provided under | 18 | | subsection (a) of Section 9-119 of the Code of Civil Procedure. | 19 | | (b) Protection. | 20 | | (1) No county shall enact or enforce an ordinance or | 21 | | regulation that penalizes tenants or landlords based on: | 22 | | (A) contact made to police or other emergency | 23 | | services, if (i) the contact was made with the intent | 24 | | to prevent or respond to domestic violence or sexual | 25 | | violence; (ii) the intervention or emergency | 26 | | assistance was needed to respond to or prevent domestic |
| | | SB1547 Enrolled | - 3 - | LRB099 10920 AWJ 31259 b |
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| 1 | | violence or sexual violence; or (iii) the contact was | 2 | | made by, on behalf of, or otherwise concerns an | 3 | | individual with a disability and the purpose of the | 4 | | contact was related to that individual's disability; | 5 | | (B) an incident or incidents of actual or | 6 | | threatened domestic violence or sexual violence | 7 | | against a tenant, household member, or guest occurring | 8 | | in the dwelling unit or on the premises; or | 9 | | (C) criminal activity or a local ordinance | 10 | | violation occurring in the dwelling unit or on the | 11 | | premises that is directly relating to domestic | 12 | | violence or sexual violence, engaged in by a tenant, | 13 | | member of a tenant's household, guest, or other party, | 14 | | and against a tenant, household member, guest, or other | 15 | | party. | 16 | | (2) Nothing with respect to this Section: (A) limits | 17 | | enforcement of Section 15.2 of the Emergency Telephone | 18 | | System Act, Article 26 of the Criminal Code of 2012, or | 19 | | Article IX of the Code of Civil Procedure;
(B) prohibits | 20 | | counties from enacting or enforcing ordinances to impose | 21 | | penalties on the basis of the underlying criminal activity | 22 | | or a local ordinance violation not covered by paragraph (1) | 23 | | of subsection (b) of this Section and to the extent | 24 | | otherwise permitted by existing State and federal law; or
| 25 | | (C) limits or prohibits the eviction of or imposition of | 26 | | penalties against the perpetrator of the domestic |
| | | SB1547 Enrolled | - 4 - | LRB099 10920 AWJ 31259 b |
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| 1 | | violence, sexual violence, or other criminal activity. | 2 | | (c) Remedies. If a county enacts or enforces an ordinance | 3 | | or regulation against a tenant or landlord in violation of | 4 | | subsection (b), the tenant or landlord may bring a civil action | 5 | | to seek any one or more of the following remedies: | 6 | | (1) an order invalidating the ordinance or regulation | 7 | | to the extent required to bring the ordinance or regulation | 8 | | into compliance with the requirements of subsection (b); | 9 | | (2) compensatory damages; | 10 | | (3) reasonable attorney fees and court costs; or | 11 | | (4) other equitable relief as the court may deem | 12 | | appropriate and just. | 13 | | (d) Home rule. This Section is a denial and limitation of | 14 | | home rule powers and functions under subsection (g) of Section | 15 | | 6 of Article VII of the Illinois Constitution. | 16 | | Section 15. The Illinois Municipal Code is amended by | 17 | | adding Section 1-2-1.5 as follows: | 18 | | (65 ILCS 5/1-2-1.5 new) | 19 | | Sec. 1-2-1.5. Ordinances penalizing tenants who contact | 20 | | police or other emergency services prohibited. | 21 | | (a) Definitions. As used in this Section: | 22 | | "Contact" includes any communication made by a tenant, | 23 | | landlord, guest, neighbor, or other individual to police or | 24 | | other emergency services. |
| | | SB1547 Enrolled | - 5 - | LRB099 10920 AWJ 31259 b |
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| 1 | | "Criminal activity" means a violation of the Criminal Code | 2 | | of 2012, of the Cannabis Control Act, of the Illinois | 3 | | Controlled Substances Act, or of the Methamphetamine Control | 4 | | and Community Protection Act. | 5 | | "Disability" means, with respect to a person: | 6 | | (1) a physical or mental impairment which | 7 | | substantially limits one or more of such person's major life | 8 | | activities; | 9 | | (2) a record of having such an impairment; or | 10 | | (3) being regarded as having such an impairment, but | 11 | | such term does not include current, illegal use of or addiction | 12 | | to a controlled substance, as defined in the federal Controlled | 13 | | Substances Act, 21 U.S.C. 802. | 14 | | "Domestic violence", "landlord", "sexual violence", and | 15 | | "tenant" have the meanings provided under Section 10 of the | 16 | | Safe Homes Act. | 17 | | "Dwelling unit" has the meaning provided under subsection | 18 | | (a) of Section 15 of the Landlord and Tenant Act. | 19 | | "Penalizes" includes, but is not limited to: | 20 | | (1) assessment of fees or fines; | 21 | | (2) revocation, suspension, or nonrenewal of any | 22 | | license or permit required for the rental or occupancy of | 23 | | any dwelling unit; | 24 | | (3) termination or denial of a subsidized housing | 25 | | contract or housing subsidy; and | 26 | | (4) termination or nonrenewal of a residential lease |
| | | SB1547 Enrolled | - 6 - | LRB099 10920 AWJ 31259 b |
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| 1 | | agreement. | 2 | | "Subsidized housing" has the meaning provided under | 3 | | subsection (a) of Section 9-119 of the Code of Civil Procedure. | 4 | | (b) Protection. | 5 | | (1) No municipality shall enact or enforce an ordinance | 6 | | or regulation that penalizes tenants or landlords based on: | 7 | | (A) contact made to police or other emergency | 8 | | services, if (i) the contact was made with the intent | 9 | | to prevent or respond to domestic violence or sexual | 10 | | violence; (ii) the intervention or emergency | 11 | | assistance was needed to respond to or prevent domestic | 12 | | violence or sexual violence; or (iii) the contact was | 13 | | made by, on behalf of, or otherwise concerns an | 14 | | individual with a disability and the purpose of the | 15 | | contact was related to that individual's disability; | 16 | | (B) an incident or incidents of actual or | 17 | | threatened domestic violence or sexual violence | 18 | | against a tenant, household member, or guest occurring | 19 | | in the dwelling unit or on the premises; or | 20 | | (C) criminal activity or a local ordinance | 21 | | violation occurring in the dwelling unit or on the | 22 | | premises that is directly relating to domestic | 23 | | violence or sexual violence, engaged in by a tenant, | 24 | | member of a tenant's household, guest, or other party, | 25 | | and against a tenant, household member, guest, or other | 26 | | party. |
| | | SB1547 Enrolled | - 7 - | LRB099 10920 AWJ 31259 b |
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| 1 | | (2) Nothing with respect to this Section: (A) limits | 2 | | enforcement of Section 15.2 of the Emergency Telephone | 3 | | System Act, Article 26 of the Criminal Code of 2012, or | 4 | | Article IX of the Code of Civil Procedure;
(B) prohibits | 5 | | municipalities from enacting or enforcing ordinances to | 6 | | impose penalties on the basis of the underlying criminal | 7 | | activity or a local ordinance violation not covered by | 8 | | paragraph (1) of subsection (b) of this Section and to the | 9 | | extent otherwise permitted by existing State and federal | 10 | | law; or
(C) limits or prohibits the eviction of or | 11 | | imposition of penalties against the perpetrator of the | 12 | | domestic violence, sexual violence, or other criminal | 13 | | activity. | 14 | | (c) Remedies. If a municipality enacts or enforces an | 15 | | ordinance or regulation against a tenant or landlord in | 16 | | violation of subsection (b), the tenant or landlord may bring a | 17 | | civil action to seek any one or more of the following remedies: | 18 | | (1) an order invalidating the ordinance or regulation | 19 | | to the extent required to bring the ordinance or regulation | 20 | | into compliance with the requirements of subsection (b); | 21 | | (2) compensatory damages; | 22 | | (3) reasonable attorney fees and court costs; or | 23 | | (4) other equitable relief as the court may deem | 24 | | appropriate and just. | 25 | | (d) Home rule. This Section is a denial and limitation of | 26 | | home rule powers and functions under subsection (g) of Section |
| | | SB1547 Enrolled | - 8 - | LRB099 10920 AWJ 31259 b |
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| 1 | | 6 of Article VII of the Illinois Constitution.
| 2 | | Section 99. Effective date. This Act takes effect 90 days | 3 | | after becoming law.
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