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| Public Act 095-0503 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Controlled Substance and Cannabis Nuisance | ||||
Act is amended by changing Section 3 as follows:
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(740 ILCS 40/3) (from Ch. 100 1/2, par. 16)
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Sec. 3. (a) The Department or the State's Attorney or any | ||||
citizen of the
county in which a nuisance exists may file a | ||||
complaint in the name of the
People of the State of Illinois, | ||||
to enjoin all persons from maintaining or
permitting such | ||||
nuisance, to abate the same and to enjoin the use of any
such | ||||
place for the period of one year.
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(b) Upon the filing of a complaint by the State's Attorney | ||||
or the Department
in which the complaint states that | ||||
irreparable injury, loss or damage will
result to the People of | ||||
the State of Illinois, the court shall enter a
temporary | ||||
restraining order without notice enjoining the maintenance of
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such nuisance, upon testimony under oath, affidavit, or | ||||
verified complaint
containing facts sufficient, if sustained, | ||||
to justify the court in entering
a preliminary injunction upon | ||||
a hearing after notice. Every such temporary
restraining order | ||||
entered without notice shall be endorsed with the date
and hour | ||||
of entry of the order, shall be filed of record, and shall
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expire by its terms within such time after entry, not to exceed | ||
10 days as
fixed by the court, unless the temporary restraining | ||
order, for good cause is
extended for a like period or unless | ||
the party against whom the order is
directed consents that it | ||
may be extended for a longer period. The reason
for extension | ||
shall be shown in the order. In case a temporary restraining
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order is entered without notice, the motion for a permanent | ||
injunction
shall be set down for hearing at the earliest | ||
possible time and takes
precedence over all matters except | ||
older matters of the same character, and
when the motion comes | ||
on for hearing, the Department or State's Attorney,
as the case | ||
may be, shall proceed with the application for a permanent
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injunction, and, if he does not do so, the court shall dissolve | ||
the
temporary restraining order. On 2 days notice to the | ||
Department or State's
Attorney, as the case may be, the | ||
defendant may appear and move the
dissolution or modification | ||
of such temporary restraining order and in that
event the court | ||
shall proceed to hear and determine such motion as
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expeditiously as the ends of justice require.
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(c) Upon the filing of the complaint by a citizen or the | ||
Department or the
State's Attorney (in cases in which the | ||
Department or State's Attorney do
not request injunctive relief | ||
without notice) in the circuit court,
the court, if satisfied | ||
that the nuisance complained of
exists, shall allow a temporary | ||
restraining order, with bond unless the
application is filed by | ||
the Department or State's Attorney, in such amount
as the court | ||
may determine, enjoining the defendant from maintaining any
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such nuisance within the jurisdiction of the court granting the | ||
injunctive
relief. However, no such injunctive relief shall be | ||
granted, except on
behalf of an owner or agent, unless it be | ||
made to appear to the
satisfaction of the court that the owner | ||
or agent of such place, knew or
had been personally served with | ||
a notice signed by the plaintiff and, that
such notice has been | ||
served upon such owner or such agent of such place at
least 5 | ||
days prior thereto, that such place, specifically describing | ||
the
same, was being so used, naming the date or dates of its | ||
being so used, and
that such owner or agent had failed to abate | ||
such nuisance, or that upon
diligent inquiry such owner or | ||
agent could not be found within Illinois for
the service of | ||
such preliminary notice. The lessee, if any, of such place
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shall be made a party defendant to such petition. If the | ||
property owner is a corporation and the Department or the | ||
State's Attorney sends the preliminary notice to the corporate | ||
address registered with the Secretary of State, such action | ||
shall create a rebuttable presumption that the parties have | ||
acted with due diligence and the court may grant injunctive | ||
relief.
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(d) In all cases in which the complaint is filed by a | ||
citizen, such
complaint shall be verified.
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(Source: P.A. 87-765.)
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