State of Illinois
90th General Assembly
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90_HB2781

      735 ILCS 5/9-118          from Ch. 110, par. 9-118
          Amends the Forcible Entry and  Detainer  Article  of  the
      Code   of   Civil   Procedure.   In  the  emergency  eviction
      provisions  provides  that   if   cannabis,   narcotics,   or
      controlled  substances  are  found  or  used  anywhere in the
      premises, there is a rebuttable presumption that  the  tenant
      knew  or  should  have  reasonably  known  that the cannabis,
      narcotics, or controlled substances were used or possessed in
      the premises, rather than that the "substance"  was  used  or
      possessed in the premises.  Effective June 1, 1998.
                                                     LRB9009311SMdv
                                               LRB9009311SMdv
 1        AN  ACT  to amend the Code of Civil Procedure by changing
 2    Section 9-118.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Code  of Civil Procedure is amended by
 6    changing Section 9-118 as follows:
 7        (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
 8        (Text of Section before amendment by P.A. 90-557)
 9        Sec.   9-118.  Emergency    public    housing    eviction
10    proceedings.
11        (a)  As used in this Section:
12        "Cannabis"  has  the meaning ascribed to that term in the
13    Cannabis Control Act.
14        "Narcotics" and "controlled substance" have the  meanings
15    ascribed to those terms in the Illinois Controlled Substances
16    Act.
17        (b)  This  Section  applies  only if all of the following
18    conditions are met:
19             (1)  The complaint seeks possession of premises that
20        are owned or managed by a housing  authority  established
21        under the Housing Authorities Act.
22             (2)  The  verified  complaint  alleges that there is
23        direct evidence of either of the following:
24                  (A)  trafficking  in  cannabis,  narcotics,  or
25             controlled substances within or upon the premises by
26             or with the knowledge and consent of, or in  concert
27             with  the  person or persons named in the complaint;
28             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
                            -2-                LRB9009311SMdv
 1             and  consent  of,  or in concert with, the person or
 2             persons named in the complaint.
 3             (3)  Notice by verified complaint setting forth  the
 4        relevant  facts,  and a demand for possession of the type
 5        specified in Section 9-104 is served  on  the  tenant  or
 6        occupant  of  the  premises  at  least  14  days before a
 7        hearing on the complaint is held, and proof of service of
 8        the complaint is submitted by the plaintiff to the court.
 9        (c)  When a complaint has been filed under this  Section,
10    a  hearing  on  the  complaint  shall be scheduled on any day
11    after the expiration of 14 days following the filing  of  the
12    complaint.  The  summons  shall  advise  the defendant that a
13    hearing on the complaint shall be held at the specified  date
14    and  time,  and  that  the  defendant  should  be prepared to
15    present any evidence on his or her behalf at that time.
16        (d)  If the defendant does not  appear  at  the  hearing,
17    judgment  for  possession  of  the  premises  in favor of the
18    plaintiff shall be entered  by  default.   If  the  defendant
19    appears,  a  trial shall be held immediately as is prescribed
20    in other proceedings for possession.  The matter shall not be
21    continued beyond 7 days from  the  date  set  for  the  first
22    hearing  on  the  complaint  except  by agreement of both the
23    plaintiff and the defendant.  After a  trial,  if  the  court
24    finds,   by   a  preponderance  of  the  evidence,  that  the
25    allegations in the complaint  have  been  proven,  the  court
26    shall  enter judgment for possession of the premises in favor
27    of the plaintiff and the court shall order that the plaintiff
28    shall be entitled to re-enter the premises immediately.
29        (e)  A judgment for possession entered under this Section
30    may not be stayed for any period in excess of 7 days  by  the
31    court.    Thereafter  the  plaintiff  shall  be  entitled  to
32    re-enter the premises  immediately.   The  sheriff  or  other
33    lawfully  deputized  officers  shall give priority to service
34    and execution of orders entered under this Section over other
                            -3-                LRB9009311SMdv
 1    possession orders.
 2        (f)  This Section shall not be construed to prohibit  the
 3    use  or  possession  of  cannabis, narcotics, or a controlled
 4    substance that has been legally obtained in accordance with a
 5    valid prescription for the personal use of a lawful  occupant
 6    of a dwelling unit.
 7    (Source: P.A. 87-933; 88-587, eff. 1-1-95.)
 8        (Text of Section after amendment by P.A. 90-557)
 9        Sec. 9-118.  Emergency housing eviction proceedings.
10        (a)  As used in this Section:
11        "Cannabis"  has  the meaning ascribed to that term in the
12    Cannabis Control Act.
13        "Narcotics" and "controlled substance" have the  meanings
14    ascribed to those terms in the Illinois Controlled Substances
15    Act.
16        (b)  This  Section  applies  only if all of the following
17    conditions are met:
18             (1)  The complaint seeks possession of premises that
19        are owned or managed by a housing  authority  established
20        under  the Housing Authorities Act or privately owned and
21        managed.
22             (2)  The verified complaint alleges  that  there  is
23        direct evidence of either of the following:
24                  (A)  unlawful   possessing,  serving,  storing,
25             manufacturing,   cultivating,   delivering,   using,
26             selling, giving away, or  trafficking  in  cannabis,
27             narcotics,  or  controlled substances within or upon
28             the premises by or with the  knowledge  and  consent
29             of,  or  in concert with the person or persons named
30             in the complaint; or
31                  (B)  the possession, use, sale, or delivery  of
32             a firearm which is otherwise prohibited by State law
33             within or upon the premises by or with the knowledge
34             and  consent  of,  or in concert with, the person or
                            -4-                LRB9009311SMdv
 1             persons named in the complaint.
 2             (3)  Notice by verified complaint setting forth  the
 3        relevant  facts,  and a demand for possession of the type
 4        specified in Section 9-104 is served  on  the  tenant  or
 5        occupant  of  the  premises  at  least  14  days before a
 6        hearing on the complaint is held, and proof of service of
 7        the complaint is submitted by the plaintiff to the court.
 8        (c)  When a complaint has been filed under this  Section,
 9    a  hearing  on  the  complaint  shall be scheduled on any day
10    after the expiration of 14 days following the filing  of  the
11    complaint.  The  summons  shall  advise  the defendant that a
12    hearing on the complaint shall be held at the specified  date
13    and  time,  and  that  the  defendant  should  be prepared to
14    present any evidence on his or her behalf at that time.
15        (d)  If the defendant does not  appear  at  the  hearing,
16    judgment  for  possession  of  the  premises  in favor of the
17    plaintiff shall be entered  by  default.   If  the  defendant
18    appears,  a  trial shall be held immediately as is prescribed
19    in other proceedings for possession.  The matter shall not be
20    continued beyond 7 days from  the  date  set  for  the  first
21    hearing  on  the  complaint  except  by agreement of both the
22    plaintiff and the defendant.  After a  trial,  if  the  court
23    finds,   by   a  preponderance  of  the  evidence,  that  the
24    allegations in the complaint  have  been  proven,  the  court
25    shall  enter judgment for possession of the premises in favor
26    of the plaintiff and the court shall order that the plaintiff
27    shall be entitled to re-enter the premises immediately.
28        (d-5)  If cannabis, narcotics, or  controlled  substances
29    are  found  or  used  anywhere  in  the  premises, there is a
30    rebuttable  presumption  either  (1)   that   the   cannabis,
31    narcotics, or controlled substances were used or possessed by
32    a  tenant  or  occupant  or  (2)  that  a  tenant or occupant
33    permitted the premises to be used for that use or possession,
34    and knew or should have reasonably known that  the  cannabis,
                            -5-                LRB9009311SMdv
 1    narcotics,  or  controlled substances were substance was used
 2    or possessed.
 3        (e)  A judgment for possession entered under this Section
 4    may not be stayed for any period in excess of 7 days  by  the
 5    court.    Thereafter  the  plaintiff  shall  be  entitled  to
 6    re-enter the premises  immediately.   The  sheriff  or  other
 7    lawfully  deputized  officers  shall give priority to service
 8    and execution of orders entered under this Section over other
 9    possession orders.
10        (f)  This Section shall not be construed to prohibit  the
11    use  or  possession  of  cannabis, narcotics, or a controlled
12    substance that has been legally obtained in accordance with a
13    valid prescription for the personal use of a lawful  occupant
14    of a dwelling unit.
15    (Source: P.A. 90-557, eff. 6-1-98.)
16        Section  99.  Effective date.  This Act takes effect June
17    1, 1998.

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