SB3782sam001 96TH GENERAL ASSEMBLY

Sen. Michael W. Frerichs

Filed: 3/1/2010

09600SB3782sam001 LRB096 20335 AJO 37869 a

AMENDMENT TO SENATE BILL 3782

AMENDMENT NO. ______. Amend Senate Bill 3782 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. Sealing of court file.

(a) Definition. As used in this Section, "court file" means the court file created when a forcible entry and detainer action is filed with the court.

(b) Discretionary sealing of court file. The court may order that a court file in a forcible entry and detainer 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 a forcible entry and detainer action brought against a tenant who would have lawful possession of the premises but for the foreclosure on the property shall be sealed pursuant to Section 15-1701.

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