97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4762

 

Introduced 2/3/2012, by Rep. Tom Cross

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-118  from Ch. 110, par. 9-118

    Amends the Code of Civil Procedure. Makes a technical change in the Section relating to proceedings for evictions from housing authority property.


LRB097 17280 AJO 62481 b

 

 

A BILL FOR

 

HB4762LRB097 17280 AJO 62481 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 9-118 as follows:
 
6    (735 ILCS 5/9-118)  (from Ch. 110, par. 9-118)
7    Sec. 9-118. Emergency housing eviction proceedings.
8    (a) As used in this Section:
9    "Cannabis" has the the meaning ascribed to that term in the
10Cannabis Control Act.
11    "Narcotics" and "controlled substance" have the meanings
12ascribed to those terms in the Illinois Controlled Substances
13Act.
14    (b) This Section applies only if all of the following
15conditions are met:
16        (1) The complaint seeks possession of premises that are
17    owned or managed by a housing authority established under
18    the Housing Authorities Act or privately owned and managed.
19        (2) The verified complaint alleges that there is direct
20    evidence of any of the following:
21            (A) unlawful possessing, serving, storing,
22        manufacturing, cultivating, delivering, using,
23        selling, giving away, or trafficking in cannabis,

 

 

HB4762- 2 -LRB097 17280 AJO 62481 b

1        methamphetamine, narcotics, or controlled substances
2        within or upon the premises by or with the knowledge
3        and consent of, or in concert with the person or
4        persons named in the complaint; or
5            (B) the possession, use, sale, or delivery of a
6        firearm which is otherwise prohibited by State law
7        within or upon the premises by or with the knowledge
8        and consent of, or in concert with, the person or
9        persons named in the complaint; or
10            (C) murder, attempted murder, kidnapping,
11        attempted kidnapping, arson, attempted arson,
12        aggravated battery, criminal sexual assault, attempted
13        criminal sexual assault, aggravated criminal sexual
14        assault, predatory criminal sexual assault of a child,
15        or criminal sexual abuse within or upon the premises by
16        or with the knowledge and consent of, or in concert
17        with, the person or persons named in the complaint.
18        (3) Notice by verified complaint setting forth the
19    relevant facts, and a demand for possession of the type
20    specified in Section 9-104 is served on the tenant or
21    occupant of the premises at least 14 days before a hearing
22    on the complaint is held, and proof of service of the
23    complaint is submitted by the plaintiff to the court.
24    (b-5) In all actions brought under this Section 9-118, no
25predicate notice of termination or demand for possession shall
26be required to initiate an eviction action.

 

 

HB4762- 3 -LRB097 17280 AJO 62481 b

1    (c) When a complaint has been filed under this Section, a
2hearing on the complaint shall be scheduled on any day after
3the expiration of 14 days following the filing of the
4complaint. The summons shall advise the defendant that a
5hearing on the complaint shall be held at the specified date
6and time, and that the defendant should be prepared to present
7any evidence on his or her behalf at that time.
8    If a plaintiff which is a public housing authority accepts
9rent from the defendant after an action is initiated under this
10Section, the acceptance of rent shall not be a cause for
11dismissal of the complaint.
12    (d) If the defendant does not appear at the hearing,
13judgment for possession of the premises in favor of the
14plaintiff shall be entered by default. If the defendant
15appears, a trial shall be held immediately as is prescribed in
16other proceedings for possession. The matter shall not be
17continued beyond 7 days from the date set for the first hearing
18on the complaint except by agreement of both the plaintiff and
19the defendant. After a trial, if the court finds, by a
20preponderance of the evidence, that the allegations in the
21complaint have been proven, the court shall enter judgment for
22possession of the premises in favor of the plaintiff and the
23court shall order that the plaintiff shall be entitled to
24re-enter the premises immediately.
25    (d-5) If cannabis, methamphetamine, narcotics, or
26controlled substances are found or used anywhere in the

 

 

HB4762- 4 -LRB097 17280 AJO 62481 b

1premises, there is a rebuttable presumption either (1) that the
2cannabis, methamphetamine, narcotics, or controlled substances
3were used or possessed by a tenant or occupant or (2) that a
4tenant or occupant permitted the premises to be used for that
5use or possession, and knew or should have reasonably known
6that the substance was used or possessed.
7    (e) A judgment for possession entered under this Section
8may not be stayed for any period in excess of 7 days by the
9court. Thereafter the plaintiff shall be entitled to re-enter
10the premises immediately. The sheriff or other lawfully
11deputized officers shall give priority to service and execution
12of orders entered under this Section over other possession
13orders.
14    (f) This Section shall not be construed to prohibit the use
15or possession of cannabis, methamphetamine, narcotics, or a
16controlled substance that has been legally obtained in
17accordance with a valid prescription for the personal use of a
18lawful occupant of a dwelling unit.
19(Source: P.A. 94-556, eff. 9-11-05.)