State of Illinois
2009 and 2010


Introduced 2/18/2010, by Rep. Michael J. Madigan - Barbara Flynn Currie


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.

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1     AN ACT concerning civil law.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Code of Civil Procedure is amended by
5 changing 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
10 Cannabis Control Act.
11     "Narcotics" and "controlled substance" have the meanings
12 ascribed to those terms in the Illinois Controlled Substances
13 Act.
14     (b) This Section applies only if all of the following
15 conditions 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,



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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
25 predicate notice of termination or demand for possession shall
26 be required to initiate an eviction action.



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



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