[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ Senate Amendment 002 ] |
91_HB2042sam001
LRB9101250SMdvam03
1 AMENDMENT TO HOUSE BILL 2042
2 AMENDMENT NO. . Amend House Bill 2042 by replacing
3 the title with the following:
4 "AN ACT to amend the Code of Civil Procedure by changing
5 Section 9-118."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Code of Civil Procedure is amended by
9 changing Section 9-118 as follows:
10 (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
11 Sec. 9-118. Emergency housing eviction proceedings.
12 (a) As used in this Section:
13 "Cannabis" has the meaning ascribed to that term in the
14 Cannabis Control Act.
15 "Narcotics" and "controlled substance" have the meanings
16 ascribed to those terms in the Illinois Controlled Substances
17 Act.
18 (b) This Section applies only if all of the following
19 conditions are met:
20 (1) The complaint seeks possession of premises that
21 are owned or managed by a housing authority established
-2- LRB9101250SMdvam03
1 under the Housing Authorities Act or privately owned and
2 managed.
3 (2) The verified complaint alleges that there is
4 direct evidence of any either of the following:
5 (A) unlawful possessing, serving, storing,
6 manufacturing, cultivating, delivering, using,
7 selling, giving away, or trafficking in cannabis,
8 narcotics, or controlled substances within or upon
9 the premises by or with the knowledge and consent
10 of, or in concert with the person or persons named
11 in the complaint; or
12 (B) the possession, use, sale, or delivery of
13 a firearm which is otherwise prohibited by State law
14 within or upon the premises by or with the knowledge
15 and consent of, or in concert with, the person or
16 persons named in the complaint; or
17 (C) murder, attempted murder, kidnapping,
18 attempted kidnapping, arson, attempted arson,
19 aggravated assault, aggravated battery, criminal
20 sexual assault, attempted criminal sexual assault,
21 aggravated criminal sexual assault, predatory
22 criminal sexual assault of a child, or criminal
23 sexual abuse within or upon the premises by or with
24 the knowledge and consent of, or in concert with,
25 the person or persons named in the complaint.
26 (3) Notice by verified complaint setting forth the
27 relevant facts, and a demand for possession of the type
28 specified in Section 9-104 is served on the tenant or
29 occupant of the premises at least 14 days before a
30 hearing on the complaint is held, and proof of service of
31 the complaint is submitted by the plaintiff to the court.
32 (b-5) In all actions brought under this Section 9-118,
33 no predicate notice of termination or demand for possession
34 shall be required to initiate an eviction action.
-3- LRB9101250SMdvam03
1 (c) When a complaint has been filed under this Section,
2 a hearing on the complaint shall be scheduled on any day
3 after the expiration of 14 days following the filing of the
4 complaint. The summons shall advise the defendant that a
5 hearing on the complaint shall be held at the specified date
6 and time, and that the defendant should be prepared to
7 present any evidence on his or her behalf at that time.
8 If a plaintiff which is a public housing authority
9 accepts rent from the defendant after an action is initiated
10 under this Section, the acceptance of rent shall not be a
11 cause for dismissal of the complaint.
12 (d) If the defendant does not appear at the hearing,
13 judgment for possession of the premises in favor of the
14 plaintiff shall be entered by default. If the defendant
15 appears, a trial shall be held immediately as is prescribed
16 in other proceedings for possession. The matter shall not be
17 continued beyond 7 days from the date set for the first
18 hearing on the complaint except by agreement of both the
19 plaintiff and the defendant. After a trial, if the court
20 finds, by a preponderance of the evidence, that the
21 allegations in the complaint have been proven, the court
22 shall enter judgment for possession of the premises in favor
23 of the plaintiff and the court shall order that the plaintiff
24 shall be entitled to re-enter the premises immediately.
25 (d-5) If cannabis, narcotics, or controlled substances
26 are found or used anywhere in the premises, there is a
27 rebuttable presumption either (1) that the cannabis,
28 narcotics, or controlled substances were used or possessed by
29 a tenant or occupant or (2) that a tenant or occupant
30 permitted the premises to be used for that use or possession,
31 and knew or should have reasonably known that the substance
32 was used or possessed.
33 (e) A judgment for possession entered under this Section
34 may not be stayed for any period in excess of 7 days by the
-4- LRB9101250SMdvam03
1 court. Thereafter the plaintiff shall be entitled to
2 re-enter the premises immediately. The sheriff or other
3 lawfully deputized officers shall give priority to service
4 and execution of orders entered under this Section over other
5 possession orders.
6 (f) This Section shall not be construed to prohibit the
7 use or possession of cannabis, narcotics, or a controlled
8 substance that has been legally obtained in accordance with a
9 valid prescription for the personal use of a lawful occupant
10 of a dwelling unit.
11 (Source: P.A. 90-557, eff. 6-1-98; 90-768, eff. 8-14-98.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.".