HB5395ham002 98TH GENERAL ASSEMBLY

Rep. Daniel V. Beiser

Filed: 4/7/2014

 

 


 

 


 
09800HB5395ham002LRB098 17753 HEP 58291 a

1
AMENDMENT TO HOUSE BILL 5395

2    AMENDMENT NO. ______. Amend House Bill 5395, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Code of Civil Procedure is amended by
6adding Section 9-122 as follows:
 
7    (735 ILCS 5/9-122 new)
8    Sec. 9-122. Judgment for possession; enforcement.
9Notwithstanding any other provision of law, in a county with a
10population of 3,000,000 or more, the following apply:
11        (1) The number of motions a tenant may file to stay the
12    enforcement of an order for possession is limited to 2,
13    unless good cause for an additional stay is shown by
14    written motion filed with the court and served upon the
15    plaintiff.
16        (2) The sheriff shall evict the tenant within 45 days

 

 

09800HB5395ham002- 2 -LRB098 17753 HEP 58291 a

1    from the date of expiration of the stay of enforcement of
2    the order for possession entered by the court. If a motion
3    for stay of enforcement of an order for possession is filed
4    and denied by the court, the sheriff shall evict the tenant
5    within 45 days of the denial. If a stay of the enforcement
6    of an order of possession is granted, the sheriff shall
7    evict the tenant within 45 days from the date of the
8    expiration of the stay of enforcement of the order for
9    possession.
10        (3) If the sheriff does not evict the tenant within the
11    time specified by paragraph (2) of this Section, a peace
12    officer, as that term is defined in Section 2-13 of the
13    Criminal Code of 2012, is authorized to execute the order
14    for possession.".