Rep. Lou Lang
Filed: 3/6/2013
 
 

 

 

 
09800HB2905ham001LRB098 08988 RLC 42287 a



1
AMENDMENT TO HOUSE BILL 2905 




2    AMENDMENT NO. ______. Amend House Bill 2905 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Criminal Code of 2012 is amended  by 
5changing Section 32-13 as follows:
 



6    (720 ILCS 5/32-13)



7    Sec. 32-13. Unlawful clouding of title. 

8    (a) Any person who intentionally records or files or causes 
9to be recorded
or filed any document in the office of the 
10recorder or registrar of titles of
any county of this State 
11that is a cloud on the title of land in
this State, knowing 
12that the theory upon which the purported cloud on title is

13based is not recognized as a legitimate legal theory by the 
14courts of this
State or of the United States, commits the 
15offense of unlawful clouding of
title.

16    (b) Unlawful clouding of title is a Class 4 felony A 
 
 
09800HB2905ham001- 2 -LRB098 08988 RLC 42287 a

1misdemeanor.

2    (c) In addition to any other sentence that may be imposed, 
3the court shall
order any person convicted of a violation of 
4this Section, or placed on
supervision for a violation of this 
5Section, to execute a release of the
purported cloud on title 
6as may be requested by or on behalf of any person
whose 
7property is encumbered or potentially encumbered by the 
8document filed.
Irrespective of whether or not a person charged 
9under this Section is convicted
of the offense of unlawful 
10clouding of title, when the evidence demonstrates
that, as a 
11matter of law, the cloud on title is not a type of cloud

12recognized or authorized by the courts of this State or the 
13United
States, the court shall forthwith direct the recorder or 
14registrar of titles to
expunge the cloud.

15    (c-5) This Section does not apply to an attorney licensed 
16to practice law
in this State who in good faith files a lien on 
17behalf of his or her client and
who in good faith believes that 
18the validity of the lien is supported by
statutory law, by a 
19decision of a court of law, or by a good faith argument
for an 
20extension, modification, or
reversal of existing court 
21decisions relating to the validity of the lien.

22    (d) For purposes of this Section, "cloud on title" or 
23"cloud on the title"
means an outstanding claim or encumbrance 
24that, if valid, would affect or
impair the title of the owner 
25of an estate in land and on its face has that
effect, but can be 
26shown by extrinsic proof to be invalid or inapplicable to
that 
 
 
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1estate.

2(Source: P.A. 89-682, eff. 1-1-97.)".