Public Act 096-1188
 
HB5523 EnrolledLRB096 18361 AJO 35596 b


  
    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.