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90_HB1140ham001
LRB9002579WHmgam
1 AMENDMENT TO HOUSE BILL 1140
2 AMENDMENT NO. . Amend House Bill 1140 on page 1,
3 lines 1 and 5 by inserting after "by" each time it appears
4 the following:
5 "changing Section 9-106 and"; and
6 on page 1, by inserting after line 6 the following:
7 "(735 ILCS 5/9-106) (from Ch. 110, par. 9-106)
8 Sec. 9-106. Pleadings and evidence. On complaint by the
9 party or parties entitled to the possession of such premises
10 being filed in the circuit court for the county where such
11 premises are situated, stating that such party is entitled to
12 the possession of such premises (describing the same with
13 reasonable certainty), and that the defendant (naming the
14 defendant) unlawfully withholds the possession thereof from
15 him, her or them, the clerk of the court shall issue a
16 summons.
17 The defendant may under a general denial of the
18 allegations of the complaint offer in evidence any matter in
19 defense of the action. Except as otherwise provided in
20 Section 9-120, no matters not germane to the distinctive
21 purpose of the proceeding shall be introduced by joinder,
22 counterclaim or otherwise. However, a claim for rent may be
-2- LRB9002579WHmgam
1 joined in the complaint, and judgment may be entered for the
2 amount of rent found due.
3 (Source: P.A. 82-280.)"; and
4 on page 2, line 6 by inserting after "Section" the following:
5 ", except that a security deposit may be used to pay fees
6 charged by the sheriff for carrying out an eviction"; and
7 on page 2, by inserting after line 20 the following:
8 "(e) After a trial, if the court finds, by a
9 preponderance of the evidence, that the allegations in the
10 complaint have been proven, the court shall enter judgment
11 for possession of the premises in favor of the plaintiff and
12 the court shall order that the plaintiff shall be entitled to
13 re-enter the premises immediately.
14 (f) A judgment for possession of the premises entered in
15 an action brought by a lessor or lessor's assignee, if the
16 action was brought as a result of a lessor or lessor's
17 assignee declaring a lease void pursuant to this Section, may
18 not be stayed for any period in excess of 7 days by the court
19 unless all parties agree to a longer period. Thereafter the
20 plaintiff shall be entitled to re-enter the premises
21 immediately. The sheriff or other lawfully deputized officers
22 shall execute an order entered pursuant to this Section
23 within 7 days of its entry, or within 7 days of the
24 expiration of a stay of judgment, if one is entered."; and
25 on page 2, line 21 by changing "(e)" to "(g)".