SB1095sam001 96TH GENERAL ASSEMBLY

Sen. Michael W. Frerichs

Filed: 3/25/2009

09600SB1095sam001 LRB096 07172 AJO 24616 a

AMENDMENT TO SENATE BILL 1095

AMENDMENT NO. ______. Amend Senate Bill 1095 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by adding Section 9-121 as follows:

(735 ILCS 5/9-121 new)

Sec. 9-121. Expungement; court file.

(a) Definitions. As used in this Section:

"Expungement" means the removal of evidence of the court file's existence from the publicly accessible records.

"Court file" means the court file created when a forcible entry and detainer action is filed with the court.

(b) Discretionary expungement. The court may order expungement of a court file in a forcible entry and detainer action 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 expungement is clearly in the interests of justice, and those interests are not outweighed by the public's interest in knowing about the record.

(c) Mandatory expungement. The court shall order expungement of a court file in a forcible entry and detainer action if the court finds that the defendant occupied real property that was subject to contract for deed cancellation or mortgage foreclosure and:

(1) the time for contract cancellation or foreclosure redemption has expired and the defendant vacated the property prior to commencement of the forcible entry and detainer action; or

(2) the defendant was a tenant during the contract cancellation or foreclosure redemption period and did not receive a notice under this Part to vacate on a date prior to commencement of the forcible entry and detainer action.

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