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90_HB2781
735 ILCS 5/9-118 from Ch. 110, par. 9-118
Amends the Forcible Entry and Detainer Article of the
Code of Civil Procedure. In the emergency eviction
provisions provides that if cannabis, narcotics, or
controlled substances are found or used anywhere in the
premises, there is a rebuttable presumption that the tenant
knew or should have reasonably known that the cannabis,
narcotics, or controlled substances were used or possessed in
the premises, rather than that the "substance" was used or
possessed in the premises. Effective June 1, 1998.
LRB9009311SMdv
LRB9009311SMdv
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 9-118.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 9-118 as follows:
7 (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
8 (Text of Section before amendment by P.A. 90-557)
9 Sec. 9-118. Emergency public housing eviction
10 proceedings.
11 (a) As used in this Section:
12 "Cannabis" has the meaning ascribed to that term in the
13 Cannabis Control Act.
14 "Narcotics" and "controlled substance" have the meanings
15 ascribed to those terms in the Illinois Controlled Substances
16 Act.
17 (b) This Section applies only if all of the following
18 conditions are met:
19 (1) The complaint seeks possession of premises that
20 are owned or managed by a housing authority established
21 under the Housing Authorities Act.
22 (2) The verified complaint alleges that there is
23 direct evidence of either of the following:
24 (A) trafficking in cannabis, narcotics, or
25 controlled substances within or upon the premises by
26 or with the knowledge and consent of, or in concert
27 with the person or persons named in the complaint;
28 or
29 (B) the possession, use, sale, or delivery of
30 a firearm which is otherwise prohibited by State law
31 within or upon the premises by or with the knowledge
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1 and consent of, or in concert with, the person or
2 persons named in the complaint.
3 (3) Notice by verified complaint setting forth the
4 relevant facts, and a demand for possession of the type
5 specified in Section 9-104 is served on the tenant or
6 occupant of the premises at least 14 days before a
7 hearing on the complaint is held, and proof of service of
8 the complaint is submitted by the plaintiff to the court.
9 (c) When a complaint has been filed under this Section,
10 a hearing on the complaint shall be scheduled on any day
11 after the expiration of 14 days following the filing of the
12 complaint. The summons shall advise the defendant that a
13 hearing on the complaint shall be held at the specified date
14 and time, and that the defendant should be prepared to
15 present any evidence on his or her behalf at that time.
16 (d) If the defendant does not appear at the hearing,
17 judgment for possession of the premises in favor of the
18 plaintiff shall be entered by default. If the defendant
19 appears, a trial shall be held immediately as is prescribed
20 in other proceedings for possession. The matter shall not be
21 continued beyond 7 days from the date set for the first
22 hearing on the complaint except by agreement of both the
23 plaintiff and the defendant. After a trial, if the court
24 finds, by a preponderance of the evidence, that the
25 allegations in the complaint have been proven, the court
26 shall enter judgment for possession of the premises in favor
27 of the plaintiff and the court shall order that the plaintiff
28 shall be entitled to re-enter the premises immediately.
29 (e) A judgment for possession entered under this Section
30 may not be stayed for any period in excess of 7 days by the
31 court. Thereafter the plaintiff shall be entitled to
32 re-enter the premises immediately. The sheriff or other
33 lawfully deputized officers shall give priority to service
34 and execution of orders entered under this Section over other
-3- LRB9009311SMdv
1 possession orders.
2 (f) This Section shall not be construed to prohibit the
3 use or possession of cannabis, narcotics, or a controlled
4 substance that has been legally obtained in accordance with a
5 valid prescription for the personal use of a lawful occupant
6 of a dwelling unit.
7 (Source: P.A. 87-933; 88-587, eff. 1-1-95.)
8 (Text of Section after amendment by P.A. 90-557)
9 Sec. 9-118. Emergency housing eviction proceedings.
10 (a) As used in this Section:
11 "Cannabis" has the meaning ascribed to that term in the
12 Cannabis Control Act.
13 "Narcotics" and "controlled substance" have the meanings
14 ascribed to those terms in the Illinois Controlled Substances
15 Act.
16 (b) This Section applies only if all of the following
17 conditions are met:
18 (1) The complaint seeks possession of premises that
19 are owned or managed by a housing authority established
20 under the Housing Authorities Act or privately owned and
21 managed.
22 (2) The verified complaint alleges that there is
23 direct evidence of either of the following:
24 (A) unlawful possessing, serving, storing,
25 manufacturing, cultivating, delivering, using,
26 selling, giving away, or trafficking in cannabis,
27 narcotics, or controlled substances within or upon
28 the premises by or with the knowledge and consent
29 of, or in concert with the person or persons named
30 in the complaint; or
31 (B) the possession, use, sale, or delivery of
32 a firearm which is otherwise prohibited by State law
33 within or upon the premises by or with the knowledge
34 and consent of, or in concert with, the person or
-4- LRB9009311SMdv
1 persons named in the complaint.
2 (3) Notice by verified complaint setting forth the
3 relevant facts, and a demand for possession of the type
4 specified in Section 9-104 is served on the tenant or
5 occupant of the premises at least 14 days before a
6 hearing on the complaint is held, and proof of service of
7 the complaint is submitted by the plaintiff to the court.
8 (c) When a complaint has been filed under this Section,
9 a hearing on the complaint shall be scheduled on any day
10 after the expiration of 14 days following the filing of the
11 complaint. The summons shall advise the defendant that a
12 hearing on the complaint shall be held at the specified date
13 and time, and that the defendant should be prepared to
14 present any evidence on his or her behalf at that time.
15 (d) If the defendant does not appear at the hearing,
16 judgment for possession of the premises in favor of the
17 plaintiff shall be entered by default. If the defendant
18 appears, a trial shall be held immediately as is prescribed
19 in other proceedings for possession. The matter shall not be
20 continued beyond 7 days from the date set for the first
21 hearing on the complaint except by agreement of both the
22 plaintiff and the defendant. After a trial, if the court
23 finds, by a preponderance of the evidence, that the
24 allegations in the complaint have been proven, the court
25 shall enter judgment for possession of the premises in favor
26 of the plaintiff and the court shall order that the plaintiff
27 shall be entitled to re-enter the premises immediately.
28 (d-5) If cannabis, narcotics, or controlled substances
29 are found or used anywhere in the premises, there is a
30 rebuttable presumption either (1) that the cannabis,
31 narcotics, or controlled substances were used or possessed by
32 a tenant or occupant or (2) that a tenant or occupant
33 permitted the premises to be used for that use or possession,
34 and knew or should have reasonably known that the cannabis,
-5- LRB9009311SMdv
1 narcotics, or controlled substances were substance was used
2 or possessed.
3 (e) A judgment for possession entered under this Section
4 may not be stayed for any period in excess of 7 days by the
5 court. Thereafter the plaintiff shall be entitled to
6 re-enter the premises immediately. The sheriff or other
7 lawfully deputized officers shall give priority to service
8 and execution of orders entered under this Section over other
9 possession orders.
10 (f) This Section shall not be construed to prohibit the
11 use or possession of cannabis, narcotics, or a controlled
12 substance that has been legally obtained in accordance with a
13 valid prescription for the personal use of a lawful occupant
14 of a dwelling unit.
15 (Source: P.A. 90-557, eff. 6-1-98.)
16 Section 99. Effective date. This Act takes effect June
17 1, 1998.