State of Illinois
91st General Assembly
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Public Act 91-0504

HB2042 Enrolled                                LRB9101250SMpr

    AN ACT to amend the Code of Civil Procedure  by  changing
Section 9-118.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Code of Civil  Procedure  is  amended  by
changing Section 9-118 as follows:

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

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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