093_HB3526eng

 
HB3526 Engrossed                     LRB093 02523 WGH 12031 b

 1        AN ACT concerning civil procedure.

 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 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 used
17        for residential or commercial purposes that are owned  or
18        managed  by  a  housing  authority  established under the
19        Housing Authorities Act or privately owned and managed.
20             (2)  The verified complaint alleges  that  there  is
21        direct evidence of any of the following:
22                  (A)  unlawful   possessing,  serving,  storing,
23             manufacturing,   cultivating,   delivering,   using,
24             selling, giving away, or  trafficking  in  cannabis,
25             narcotics,  or  controlled substances within or upon
26             the premises by or with the  knowledge  and  consent
27             of,  or  in concert with the person or persons named
28             in the complaint; or
29                  (B)  the possession, use, sale, or delivery  of
30             a firearm which is otherwise prohibited by State law
31             within or upon the premises by or with the knowledge

 
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 1             and  consent  of,  or in concert with, the person or
 2             persons named in the complaint; or
 3                  (C)  murder,  attempted   murder,   kidnapping,
 4             attempted   kidnapping,   arson,   attempted  arson,
 5             aggravated   battery,   criminal   sexual   assault,
 6             attempted  criminal   sexual   assault,   aggravated
 7             criminal  sexual  assault, predatory criminal sexual
 8             assault of a child, or criminal sexual abuse  within
 9             or  upon  the  premises by or with the knowledge and
10             consent of,  or  in  concert  with,  the  person  or
11             persons named in the complaint.
12             (3)  Notice  by verified complaint setting forth the
13        relevant facts, and a demand for possession of  the  type
14        specified  in  Section  9-104  is served on the tenant or
15        occupant of the  premises  at  least  14  days  before  a
16        hearing on the complaint is held, and proof of service of
17        the complaint is submitted by the plaintiff to the court.
18        (b-5)  In  all  actions brought under this Section 9-118,
19    no predicate notice of termination or demand  for  possession
20    shall be required to initiate an eviction action.
21        (c)  When  a complaint has been filed under this Section,
22    a hearing on the complaint shall  be  scheduled  on  any  day
23    after  the  expiration of 14 days following the filing of the
24    complaint. The summons shall  advise  the  defendant  that  a
25    hearing  on the complaint shall be held at the specified date
26    and time, and  that  the  defendant  should  be  prepared  to
27    present any evidence on his or her behalf at that time.
28        If  a  plaintiff  which  is  a  public  housing authority
29    accepts rent from the defendant after an action is  initiated
30    under  this  Section,  the  acceptance of rent shall not be a
31    cause for dismissal of the complaint.
32        (d)  If the defendant does not  appear  at  the  hearing,
33    judgment  for  possession  of  the  premises  in favor of the
34    plaintiff shall be entered  by  default.   If  the  defendant
 
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 1    appears,  a  trial shall be held immediately as is prescribed
 2    in other proceedings for possession.  The matter shall not be
 3    continued beyond 7 days from  the  date  set  for  the  first
 4    hearing  on  the  complaint  except  by agreement of both the
 5    plaintiff and the defendant.  After a  trial,  if  the  court
 6    finds,   by   a  preponderance  of  the  evidence,  that  the
 7    allegations in the complaint  have  been  proven,  the  court
 8    shall  enter judgment for possession of the premises in favor
 9    of the plaintiff and the court shall order that the plaintiff
10    shall be entitled to re-enter the premises immediately.
11        (d-5)  If cannabis, narcotics, or  controlled  substances
12    are  found  or  used  anywhere  in  the  premises, there is a
13    rebuttable  presumption  either  (1)   that   the   cannabis,
14    narcotics, or controlled substances were used or possessed by
15    a  tenant  or  occupant  or  (2)  that  a  tenant or occupant
16    permitted the premises to be used for that use or possession,
17    and knew or should have reasonably known that  the  substance
18    was used or possessed.
19        (e)  A judgment for possession entered under this Section
20    may  not  be stayed for any period in excess of 7 days by the
21    court.   Thereafter  the  plaintiff  shall  be  entitled   to
22    re-enter  the  premises  immediately.   The  sheriff or other
23    lawfully deputized officers shall give  priority  to  service
24    and execution of orders entered under this Section over other
25    possession orders.
26        (f)  This  Section shall not be construed to prohibit the
27    use or possession of cannabis,  narcotics,  or  a  controlled
28    substance that has been legally obtained in accordance with a
29    valid  prescription  for  the personal use of a person who is
30    lawfully on the residential  or  commercial  premises  lawful
31    occupant of a dwelling unit.
32    (Source:  P.A.  90-557,  eff.  6-1-98;  90-768, eff. 8-14-98;
33    91-504, eff. 8-13-99.)