90th General Assembly
Summary of HB2030
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House Sponsors:
RONEN-MCKEON-CURRIE.

Senate Sponsors:
CRONIN-BERMAN

Short description: 
EVICTION-DRUG RELATD-PROCEDURE                                             

Synopsis of Bill as introduced:
        Amends the Code of Civil Procedure. Limits to 7 days the  time  a      
   court  can  stay  an  order  for  possession  of  the premises entered      
   pursuant to a termination of a lease under  the  Controlled  Substance      
   and Cannabis Nuisance Act, and provides that the sheriff or one of his      
   deputies  shall  execute  an  order  entered  based  on a suit brought      
   pursuant to a termination of a lease under  the  Controlled  Substance      
   and  Cannabis  Nuisance  Act  within  7 days of entry of the order, or      
   within 7 days of the expiration of a stay, if one is entered. Provides      
   that the standard of proof in a forcible entry and detainer action  is      
   a  preponderance  of  the evidence. Adds unlawful possessing, serving,      
   storing, manufacturing, cultivating, delivering,  using,  selling  and      
   giving   away   cannabis,   narcotics,  or  controlled  substances  as      
   activities that subject a tenant to emergency public housing  eviction      
   proceedings.    Creates  a  rebuttable presumption that drugs found or      
   used in the premises were used or possessed by the tenant or  occupant      
   or  permitted to be used or possessed on the premises by the tenant or      
   occupant.                                                                   
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          735 ILCS 5/2-202                from Ch. 110, par. 2-202             
        Deletes everything and replaces it with identical  language,  but      
   making  additional  changes.   Amends  the  Code  of  Civil Procedure.      
   Provides that in counties with a  population  of  3,000,000  or  more,      
   process  may   be served in certain drug-related eviction proceedings,      
   without special  appointment, by a private process  server  or  a  law      
   enforcement  agency  other   than the county sheriff. Limits to 7 days      
   the time a court can stay an order  for  possession  of  the  premises      
   entered  pursuant  to  a  termination  of a lease under the Controlled      
   Substance and Cannabis Nuisance Act, and provides that the sheriff  or      
   one  of  his  deputies  shall execute an order entered based on a suit      
   brought pursuant to a termination of  a  lease  under  the  Controlled      
   Substance  and  Cannabis  Nuisance  Act  within 7 days of entry of the      
   order, or within 7 days of  the  expiration  of  a  stay,  if  one  is      
   entered.  Provides  that the standard of proof in a forcible entry and      
   detainer action is  a  preponderance  of  the  evidence.  Changes  the      
   emergency  public  housing eviction provisions to apply to all housing      
   and adds new grounds subjecting a tenant to emergency housing eviction      
   proceedings.   Creates a rebuttable presumption that  drugs  found  or      
   used  in the premises were used or possessed by the tenant or occupant      
   or permitted to be used or possessed on the premises by the tenant  or      
   occupant.                                                                   
          FISCAL NOTE, H-AM 1 (Dept. of Corrections)                           
          HB2030 would have no fiscal or prison population impact on DOC.      
          CORRECTIONAL NOTE, H-AM 1                                            
          No change from DOC fiscal note.                                      
        GOVERNOR'S AMENDATORY VETO MESSAGE                                     
        Recommends: (i) allowing service of process, in certain                
   drug-related eviction proceedings in counties with a population             
   of 3,000,000 or more, with special appointment by the court                 
   (rather than without special appointment) by a private process              
   server or a law enforcement agency other than the sheriff; (ii)             
   deletion of language allowing a plaintiff to re-enter the                   
   premises immediately when a court enters a judgment for                     
   possession; and (iii) changes in provisions regarding rebuttable            
   presumptions that arise when certain drugs are found or used on             
   the premises.                                                               
 
Last action on Bill: PUBLIC ACT.............................. 90-0557

   Last action date: 97-12-12

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


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