| ||||
| Public Act 096-1188 | ||||
| ||||
| ||||
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 adding | ||||
Section 9-106.2 as follows: | ||||
(735 ILCS 5/9-106.2 new) | ||||
Sec. 9-106.2. Affirmative defense for violence; barring | ||||
persons from property. | ||||
(a) It shall be an affirmative defense to an action | ||||
maintained under this Article IX if the court makes one of the | ||||
following findings that the demand for possession is: | ||||
(1) based solely on the tenant's, lessee's, or | ||||
household member's status as a victim of domestic violence | ||||
or sexual violence as those terms are defined in Section 10 | ||||
of the Safe Homes Act, stalking as that term is defined in | ||||
the Criminal Code of 1961, or dating violence; | ||||
(2) based solely upon an incident of actual or | ||||
threatened domestic violence, dating violence, stalking, | ||||
or sexual violence against a tenant, lessee, or household | ||||
member; | ||||
(3) based solely upon criminal activity directly | ||||
relating to domestic violence, dating violence, stalking, | ||||
or sexual violence engaged in by a member of a tenant's or | ||||
lessee's household or any guest or other person under the | ||
tenant's, lessee's, or household member's control, and | ||
against the tenant, lessee, or household member; or | ||
(4) based upon a demand for possession pursuant to | ||
subsection (f) where the tenant, lessee, or household | ||
member who was the victim of domestic violence, sexual | ||
violence, stalking, or dating violence did not knowingly | ||
consent to the barred person entering the premises or a | ||
valid court order permitted the barred person's entry onto | ||
the premises. | ||
(b) When asserting the affirmative defense, at least one | ||
form of the following types of evidence shall be provided to | ||
support the affirmative defense: medical, court, or police | ||
records documenting the violence or a statement from an | ||
employee of a victim service organization or from a medical | ||
professional from whom the tenant, lessee, or household member | ||
has sought services. | ||
(c) Nothing in subsection (a) shall prevent the landlord | ||
from seeking possession solely against a tenant, household | ||
member, or lessee of the premises who perpetrated the violence | ||
referred to in subsection (a). | ||
(d) Nothing in subsection (a) shall prevent the landlord | ||
from seeking possession against the entire household, | ||
including the tenant, lessee, or household member who is a | ||
victim of domestic violence, dating violence, stalking, or | ||
sexual violence if the tenant, lessee, or household member's | ||
continued tenancy would pose an actual and imminent threat to | ||
other tenants, lessees, household members, the landlord or | ||
their agents at the property. | ||
(e) Nothing in subsection (a) shall prevent the landlord | ||
from seeking possession against the tenant, lessee, or | ||
household member who is a victim of domestic violence, dating | ||
violence, stalking, or sexual violence if that tenant, lessee, | ||
or household member has committed the criminal activity on | ||
which the demand for possession is based. | ||
(f) A landlord shall have the power to bar the presence of | ||
a person from the premises owned by the landlord who is not a | ||
tenant or lessee or who is not a member of the tenant's or | ||
lessee's household. A landlord bars a person from the premises | ||
by providing written notice to the tenant or lessee that the | ||
person is no longer allowed on the premises. That notice shall | ||
state that if the tenant invites the barred person onto any | ||
portion of the premises, then the landlord may treat this as a | ||
breach of the lease, whether or not this provision is contained | ||
in the lease. Subject to paragraph (4) of subsection (a), the | ||
landlord may evict the tenant. | ||
(g) Further, a landlord may give notice to a person that | ||
the person is barred from the premises owned by the landlord. A | ||
person has received notice from the landlord within the meaning | ||
of this subsection if he has been notified personally, either | ||
orally or in writing including a valid court order as defined | ||
by subsection (7) of Section 112A-3 of the Code of Criminal | ||
Procedure of 1963 granting remedy (2) of subsection (b) of | ||
Section 112A-14 of that Code, or if a printed or written notice | ||
forbidding such entry has been conspicuously posted or | ||
exhibited at the main entrance to such land or the forbidden | ||
part thereof. Any person entering the landlord's premises after | ||
such notice has been given shall be guilty of criminal trespass | ||
to real property as set forth in Section 21-3 of the Criminal | ||
Code of 1961. After notice has been given, an invitation to the | ||
person to enter the premises shall be void if made by a tenant, | ||
lessee, or member of the tenant's or lessee's household and | ||
shall not constitute a valid invitation to come upon the | ||
premises or a defense to a criminal trespass to real property.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||