Full Text of HB6257 96th General Assembly
HB6257ham002 96TH GENERAL ASSEMBLY
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Rep. Anthony DeLuca
Filed: 3/11/2010
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09600HB6257ham002 |
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LRB096 20819 RLJ 38808 a |
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| AMENDMENT TO HOUSE BILL 6257
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| AMENDMENT NO. ______. Amend House Bill 6257, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Code of Civil Procedure is amended by | 6 |
| changing Section 9-120 as follows: | 7 |
| (735 ILCS 5/9-120) | 8 |
| Sec. 9-120. Leased premises used in furtherance of a | 9 |
| criminal offense;
lease void at option of lessor or assignee. | 10 |
| (a) If any lessee or occupant, on one or more occasions, | 11 |
| uses or permits the
use of leased premises for the commission | 12 |
| of any act that would constitute a
felony or a Class A | 13 |
| misdemeanor under the laws of this State, the lease or
rental | 14 |
| agreement shall, at the option of the lessor or
the lessor's
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| assignee become void, and the owner or lessor shall be entitled | 16 |
| to recover
possession of the leased premises as against a |
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LRB096 20819 RLJ 38808 a |
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| tenant holding over after the
expiration of his or her term. | 2 |
| All written leases shall include, as an attachment thereto, the | 3 |
| following notice in 14 point bold type: "NOTICE TO TENANT | 4 |
| REGARDING CRIMINAL CONDUCT: IF ANY LESSEE OR OCCUPANT, ON ONE | 5 |
| OR MORE OCCASIONS, USES OR PERMITS THE USE OF LEASED PREMISES | 6 |
| FOR THE COMMISSION OF ANY ACT THAT WOULD CONSTITUTE A FELONY OR | 7 |
| A CLASS A MISDEMEANOR UNDER THE LAWS OF THIS STATE, THE LEASE | 8 |
| OR RENTAL AGREEMENT SHALL, AT THE OPTION OF THE LESSOR OR THE | 9 |
| LESSOR'S ASSIGNEE, BECOME VOID, AND THE OWNER OR LESSOR SHALL | 10 |
| BE ENTITLED TO RECOVER POSSESSION OF THE LEASED PREMISES AS | 11 |
| AGAINST A TENANT HOLDING OVER AFTER THE EXPIRATION OF HIS OR | 12 |
| HER TERM.". Further, the notice shall require the lessee to | 13 |
| provide a signed and dated acknowledgment that he, she, it, or | 14 |
| they have read and understood the contents thereof. | 15 |
| (b) The owner or lessor may bring a forcible entry and | 16 |
| detainer action, or,
if
the State's Attorney of the county in | 17 |
| which the real property is
located or the chief legal officer | 18 |
| of the municipality in which the real property is located | 19 |
| agrees, assign to that State's Attorney or the chief legal | 20 |
| officer the right to bring a forcible
entry and detainer action | 21 |
| on behalf of
the owner or lessor, against the lessee and all | 22 |
| occupants of the leased
premises. The assignment must be in | 23 |
| writing on a form prepared by the State's
Attorney of the | 24 |
| county in which the real property is located or the chief legal | 25 |
| officer of the municipality in which the real property is | 26 |
| located, as applicable . If the owner or
lessor assigns the |
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LRB096 20819 RLJ 38808 a |
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| right to bring a forcible entry and detainer action, the
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| assignment shall be limited to those rights and duties up to | 3 |
| and including
delivery of the order of eviction to the sheriff | 4 |
| for execution. The owner or
lessor shall remain liable for the | 5 |
| cost of the eviction whether or not the
right to bring the | 6 |
| forcible entry and detainer action has been assigned. | 7 |
| (c) A person does not forfeit any part of his or her | 8 |
| security deposit due
solely to an eviction under the provisions | 9 |
| of this Section, except that a
security deposit may be used to | 10 |
| pay fees charged by the sheriff for carrying
out an eviction. | 11 |
| (d) If a lessor or the lessor's assignee voids a lease or | 12 |
| contract under the
provisions of this Section and the tenant or | 13 |
| occupant has not vacated the
premises within 5 days after | 14 |
| receipt of a written notice to vacate the
premises, the lessor | 15 |
| or lessor's assignee may seek relief under this Article
IX. | 16 |
| Notwithstanding Sections 9-112, 9-113, and 9-114
of this Code, | 17 |
| judgment for costs against a plaintiff seeking
possession of | 18 |
| the premises under this Section shall not be awarded to the
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| defendant unless the action was brought by the plaintiff in bad | 20 |
| faith. An
action to possess premises under this Section shall | 21 |
| not be deemed to be in bad
faith when the plaintiff based his | 22 |
| or her cause of action on information
provided to him or her by | 23 |
| a law enforcement agency , or the State's Attorney , or the | 24 |
| municipality . | 25 |
| (e) After a trial, if the court finds, by a
preponderance | 26 |
| of the evidence,
that the allegations in the complaint have |
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LRB096 20819 RLJ 38808 a |
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| been proven, the court
shall enter judgment for possession of | 2 |
| the premises in favor of the plaintiff
and the court shall | 3 |
| order that the plaintiff shall be entitled to re-enter the
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| premises immediately. | 5 |
| (f) A judgment for
possession of the premises entered in an | 6 |
| action brought by a lessor or lessor's
assignee, if the action | 7 |
| was brought
as a result of a lessor or lessor's assignee | 8 |
| declaring a lease void
pursuant to this Section,
may not be | 9 |
| stayed for any period in excess of 7 days by the court unless | 10 |
| all
parties agree to a longer period.
Thereafter the plaintiff | 11 |
| shall be entitled to re-enter the premises
immediately. The | 12 |
| sheriff or other lawfully deputized officers shall execute an
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| order entered pursuant to this Section
within 7 days of its | 14 |
| entry, or within 7 days of the expiration of
a stay of | 15 |
| judgment, if one is entered. | 16 |
| (g) Nothing in this Section shall limit the rights of an | 17 |
| owner or lessor
to bring a forcible entry and detainer action | 18 |
| on the basis of other applicable
law. | 19 |
| (Source: P.A. 90-360, eff. 1-1-98.)
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.".
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