HB0367ham001 94TH GENERAL ASSEMBLY

Judiciary I - Civil Law Committee

Filed: 2/9/2005

09400HB0367ham001 LRB094 02477 LCB 40877 a

AMENDMENT TO HOUSE BILL 367

AMENDMENT NO. ______. Amend House Bill 367 by replacing everything after the enacting clause with the following:

"Section 5. The Landlord and Tenant Act is amended by adding Sections 3 and 4 as follows:

(765 ILCS 705/3 new)

Sec. 3. Criminal background check.

(a) A landlord may obtain a criminal background check on any individual seeking to lease property from the landlord or sublease property from a tenant of the landlord. The landlord may refuse to lease the property or may refuse to allow the sublease if: (i) the individual's tenancy would constitute a direct threat to the health or safety of other individuals or the individual's tenancy would result in substantial physical damage to the property of others; or (ii) the individual has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in the federal Controlled Substances Act or the Illinois Controlled Substances Act.

(b) The landlord may not use the criminal background check to discriminate against a protected class.

(765 ILCS 705/4 new)

Sec. 4. Home rule. A home rule unit, other than a home rule municipality with more than 2,000,000 inhabitants, may not regulate the rights of landlords in a manner that is inconsistent with Section 3 of this Act. This Section is a denial and limitation of home rule functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution.".