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90_HB1209eng
720 ILCS 5/37-4 from Ch. 38, par. 37-4
Amends the Criminal Code of 1961. Permits an abatement
of a public nuisance that is in an owner occupied building.
Effective immediately.
LRB9004307RCcd
HB1209 Engrossed LRB9004307RCcd
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 37-4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 37-4 as follows:
7 (720 ILCS 5/37-4) (from Ch. 38, par. 37-4)
8 Sec. 37-4. Abatement of nuisance.) The Attorney General
9 of this State or the State's Attorney of the county wherein
10 the nuisance exists may commence an action to abate a public
11 nuisance as described in Section 37-1 of this Act, including
12 a nuisance maintained in an owner occupied building, in the
13 name of the People of the State of Illinois, in the circuit
14 court. Upon being satisfied by affidavits or other sworn
15 evidence that an alleged public nuisance exists, the court
16 may without notice or bond enter a temporary restraining
17 order or preliminary injunction to enjoin any defendant from
18 maintaining such nuisance and may enter an order restraining
19 any defendant from removing or interfering with all property
20 used in connection with the public nuisance. If during the
21 proceedings and hearings upon the merits, which shall be in
22 the manner of the Controlled Substance and Cannabis Nuisance
23 Act "An Act in relation to places used for the purpose of
24 using, keeping or selling controlled substances or cannabis",
25 approved July 5, 1957, the existence of the nuisance is
26 established, and it is found that such nuisance was
27 maintained with the intentional, knowing, reckless or
28 negligent permission of the owner, or the agent of the owner
29 managing the building, the court shall enter an order
30 restraining all persons from maintaining or permitting such
31 nuisance and from using the building for a period of one year
HB1209 Engrossed -2- LRB9004307RCcd
1 thereafter, except that an owner, lessee or other occupant
2 thereof may use such place if the owner shall give bond with
3 sufficient security or surety approved by the court, in an
4 amount between $1,000 and $5,000 inclusive, payable to the
5 People of the State of Illinois, and including a condition
6 that no offense specified in Section 37-1 of this Act shall
7 be committed at, in or upon the property described and a
8 condition that the principal obligor and surety assume
9 responsibility for any fine, costs or damages resulting from
10 such an offense thereafter.
11 (Source: P.A. 83-342.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.