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Synopsis As Introduced Amends the Code of Civil Procedure. Provides that weather conditions may not be used as a factor in staying the enforcement of a judgment for possession of residential premises or delaying the execution of a judgment for possession of residential premises unless an occupant of the premises is under the age of 12 or over the age of 65.
House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Provides that notwithstanding any other provision of law, in a municipality with a population of 500,000 or more, the following apply: (1) the number of motions a tenant may file to stay the enforcement of an order for possession is limited to 2; (2) the sheriff shall evict the tenant within 30 days from either the date the order for possession is entered by the judge, the date the judge denies a petition for a stay of enforcement, or the date a stay of enforcement ceases to be effective; and (3) if the sheriff does not evict the tenant within the specified timeframe, the plaintiff is authorized to utilize a third party, including, but not limited to, the local police, to execute the order for possession.
House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Provides that notwithstanding any other provision of law, in a county with a population of 3,000,000 or more, the following apply: (1) the number of motions a tenant may file to stay the enforcement of an order for possession is limited to 2; (2) the sheriff shall evict the tenant within 45 days from either the expiration of the stay of enforcement of the order for possession is entered by the court, the date the court denies a petition for a stay of enforcement, or the date a stay of enforcement ceases to be effective; and (3) if the sheriff does not evict the tenant within the specified timeframe, a peace officer is authorized to execute the order for possession.
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