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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] |
91_HB2042enr HB2042 Enrolled 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) The complaint seeks possession of premises that 18 are owned or managed by a housing authority established 19 under the Housing Authorities Act or privately owned and 20 managed. 21 (2) The verified complaint alleges that there is 22 direct evidence of anyeitherof the following: 23 (A) unlawful possessing, serving, storing, 24 manufacturing, cultivating, delivering, using, 25 selling, giving away, or trafficking in cannabis, 26 narcotics, or controlled substances within or upon 27 the premises by or with the knowledge and consent 28 of, or in concert with the person or persons named 29 in the complaint; or 30 (B) the possession, use, sale, or delivery of 31 a firearm which is otherwise prohibited by State law HB2042 Enrolled -2- LRB9101250SMpr 1 within or upon the premises by or with the knowledge 2 and consent of, or in concert with, the person or 3 persons named in the complaint; or 4 (C) murder, attempted murder, kidnapping, 5 attempted kidnapping, arson, attempted arson, 6 aggravated battery, criminal sexual assault, 7 attempted criminal sexual assault, aggravated 8 criminal sexual assault, predatory criminal sexual 9 assault of a child, or criminal sexual abuse within 10 or upon the premises by or with the knowledge and 11 consent of, or in concert with, the person or 12 persons named in the complaint. 13 (3) Notice by verified complaint setting forth the 14 relevant facts, and a demand for possession of the type 15 specified in Section 9-104 is served on the tenant or 16 occupant of the premises at least 14 days before a 17 hearing on the complaint is held, and proof of service of 18 the complaint is submitted by the plaintiff to the court. 19 (b-5) In all actions brought under this Section 9-118, 20 no predicate notice of termination or demand for possession 21 shall be required to initiate an eviction action. 22 (c) When a complaint has been filed under this Section, 23 a hearing on the complaint shall be scheduled on any day 24 after the expiration of 14 days following the filing of the 25 complaint. The summons shall advise the defendant that a 26 hearing on the complaint shall be held at the specified date 27 and time, and that the defendant should be prepared to 28 present any evidence on his or her behalf at that time. 29 If a plaintiff which is a public housing authority 30 accepts rent from the defendant after an action is initiated 31 under this Section, the acceptance of rent shall not be a 32 cause for dismissal of the complaint. 33 (d) If the defendant does not appear at the hearing, 34 judgment for possession of the premises in favor of the HB2042 Enrolled -3- LRB9101250SMpr 1 plaintiff shall be entered by default. If the defendant 2 appears, a trial shall be held immediately as is prescribed 3 in other proceedings for possession. The matter shall not be 4 continued beyond 7 days from the date set for the first 5 hearing on the complaint except by agreement of both the 6 plaintiff and the defendant. After a trial, if the court 7 finds, by a preponderance of the evidence, that the 8 allegations in the complaint have been proven, the court 9 shall enter judgment for possession of the premises in favor 10 of the plaintiff and the court shall order that the plaintiff 11 shall be entitled to re-enter the premises immediately. 12 (d-5) If cannabis, narcotics, or controlled substances 13 are found or used anywhere in the premises, there is a 14 rebuttable presumption either (1) that the cannabis, 15 narcotics, or controlled substances were used or possessed by 16 a tenant or occupant or (2) that a tenant or occupant 17 permitted the premises to be used for that use or possession, 18 and knew or should have reasonably known that the substance 19 was used or possessed. 20 (e) A judgment for possession entered under this Section 21 may not be stayed for any period in excess of 7 days by the 22 court. Thereafter the plaintiff shall be entitled to 23 re-enter the premises immediately. The sheriff or other 24 lawfully deputized officers shall give priority to service 25 and execution of orders entered under this Section over other 26 possession orders. 27 (f) This Section shall not be construed to prohibit the 28 use or possession of cannabis, narcotics, or a controlled 29 substance that has been legally obtained in accordance with a 30 valid prescription for the personal use of a lawful occupant 31 of a dwelling unit. 32 (Source: P.A. 90-557, eff. 6-1-98; 90-768, eff. 8-14-98.) 33 Section 99. Effective date. This Act takes effect upon HB2042 Enrolled -4- LRB9101250SMpr 1 becoming law.