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91_HB2042
LRB9101250SMpr
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 Sec. 9-118. Emergency housing eviction proceedings.
9 (a) As used in this Section:
10 "Cannabis" has the meaning ascribed to that term in the
11 Cannabis Control Act.
12 "Narcotics" and "controlled substance" have the meanings
13 ascribed to those terms in the Illinois Controlled Substances
14 Act.
15 (b) This Section applies only if all of the following
16 conditions are met:
17 (1) A landlord files a verified complaint seeking
18 possession of premises owned by that landlord The
19 complaint seeks possession of premises that are owned or
20 managed by a housing authority established under the
21 Housing Authorities Act or privately owned and managed.
22 (2) The verified complaint filed by the landlord
23 states facts alleging one or more of the following
24 circumstances alleges that there is direct evidence of
25 either of the following:
26 (A) unlawfully unlawful possessing, serving,
27 storing, manufacturing, cultivating, delivering,
28 using, selling, giving away, or trafficking in
29 cannabis, narcotics, or controlled substances on
30 property owned by the landlord by the defendant, a
31 member of the defendant's household, or a guest or
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1 invitee of the defendant within or upon the premises
2 by or with the knowledge and consent of, or in
3 concert with the person or persons named in the
4 complaint; or
5 (B) the possession, use, sale, or delivery of
6 a firearm which is otherwise prohibited by State law
7 on property owned by the landlord by the defendant,
8 a member of the defendant's household, or a guest or
9 invitee of the defendant; or
10 (C) murder, attempted murder, kidnapping,
11 attempted kidnapping, arson, attempted arson,
12 aggravated assault, aggravated battery, criminal
13 sexual assault, attempted criminal sexual assault,
14 aggravated criminal sexual assault, predatory
15 criminal sexual assault of a child, criminal sexual
16 abuse, and attempted criminal sexual abuse on
17 property owned by the landlord by the defendant, a
18 member of the defendant's household, or a guest or
19 invitee of the defendant within or upon the premises
20 by or with the knowledge and consent of, or in
21 concert with, the person or persons named in the
22 complaint.
23 (3) Notice by verified complaint setting forth the
24 relevant facts, and a demand for possession of the type
25 specified in Section 9-104 is served on the tenant or
26 occupant of the premises at least 14 days before a
27 hearing on the complaint is held, and proof of service of
28 the complaint is submitted by the plaintiff to the court.
29 (b-5) In actions brought under this Section, no
30 predicate notice of termination or demand for possession
31 shall be required to initiate an eviction action.
32 (c) When a complaint has been filed under this Section,
33 a hearing on the complaint shall be scheduled on any day
34 after the expiration of 14 days following the filing of the
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1 complaint. The summons shall advise the defendant that a
2 hearing on the complaint shall be held at the specified date
3 and time, and that the defendant should be prepared to
4 present any evidence on his or her behalf at that time.
5 If a plaintiff which is a public housing authority
6 accepts rent from the defendant after an action is initiated
7 under this Section, the acceptance of rent shall not be a
8 cause for dismissal of the complaint.
9 (d) If the defendant does not appear at the hearing,
10 judgment for possession of the premises in favor of the
11 plaintiff shall be entered by default. If the defendant
12 appears, a trial shall be held immediately as is prescribed
13 in other proceedings for possession. The matter shall not be
14 continued beyond 7 days from the date set for the first
15 hearing on the complaint except by agreement of both the
16 plaintiff and the defendant. After a trial, if the court
17 finds, by a preponderance of the evidence, that the
18 allegations in the complaint have been proven, the court
19 shall enter judgment for possession of the premises in favor
20 of the plaintiff and the court shall order that the plaintiff
21 shall be entitled to re-enter the premises immediately.
22 (d-5) If cannabis, narcotics, or controlled substances
23 are found or used anywhere in the premises, there is a
24 rebuttable presumption either (1) that the cannabis,
25 narcotics, or controlled substances were used or possessed by
26 a tenant or occupant or (2) that a tenant or occupant
27 permitted the premises to be used for that use or possession,
28 and knew or should have reasonably known that the substance
29 was used or possessed.
30 (e) A judgment for possession entered under this Section
31 may not be stayed for any period in excess of 7 days by the
32 court. Thereafter the plaintiff shall be entitled to
33 re-enter the premises immediately. The sheriff or other
34 lawfully deputized officers shall give priority to service
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1 and execution of orders entered under this Section over other
2 possession orders.
3 (f) This Section shall not be construed to prohibit the
4 use or possession of cannabis, narcotics, or a controlled
5 substance that has been legally obtained in accordance with a
6 valid prescription for the personal use of a lawful occupant
7 of a dwelling unit.
8 (Source: P.A. 90-557, eff. 6-1-98; 90-768, eff. 8-14-98.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.