RONEN-MCKEON-CURRIE. (CRONIN-BERMAN) 735 ILCS 5/9-109.5 new 735 ILCS 5/9-109.7 new 735 ILCS 5/9-118 from Ch. 110, par. 9-118 Amends the Code of Civil Procedure. Limits to 7 days the time a court can stay an order for possession of the premises entered pursuant to a termination of a lease under the Controlled Substance and Cannabis Nuisance Act, and provides that the sheriff or one of his deputies shall execute an order entered based on a suit brought pursuant to a termination of a lease under the Controlled Substance and Cannabis Nuisance Act within 7 days of entry of the order, or within 7 days of the expiration of a stay, if one is entered. Provides that the standard of proof in a forcible entry and detainer action is a preponderance of the evidence. Adds unlawful possessing, serving, storing, manufacturing, cultivating, delivering, using, selling and giving away cannabis, narcotics, or controlled substances as activities that subject a tenant to emergency public housing eviction proceedings. Creates a rebuttable presumption that drugs found or used in the premises were used or possessed by the tenant or occupant or permitted to be used or possessed on the premises by the tenant or occupant. HOUSE AMENDMENT NO. 1. Adds reference to: 735 ILCS 5/2-202 from Ch. 110, par. 2-202 Deletes everything and replaces it with identical language, but making additional changes. Amends the Code of Civil Procedure. Provides that in counties with a population of 3,000,000 or more, process may be served in certain drug-related eviction proceedings, without special appointment, by a private process server or a law enforcement agency other than the county sheriff. Limits to 7 days the time a court can stay an order for possession of the premises entered pursuant to a termination of a lease under the Controlled Substance and Cannabis Nuisance Act, and provides that the sheriff or one of his deputies shall execute an order entered based on a suit brought pursuant to a termination of a lease under the Controlled Substance and Cannabis Nuisance Act within 7 days of entry of the order, or within 7 days of the expiration of a stay, if one is entered. Provides that the standard of proof in a forcible entry and detainer action is a preponderance of the evidence. Changes the emergency public housing eviction provisions to apply to all housing and adds new grounds subjecting a tenant to emergency housing eviction proceedings. Creates a rebuttable presumption that drugs found or used in the premises were used or possessed by the tenant or occupant or permitted to be used or possessed on the premises by the tenant or occupant. FISCAL NOTE, H-AM 1 (Dept. of Corrections) HB2030 would have no fiscal or prison population impact on DOC. CORRECTIONAL NOTE, H-AM 1 No change from DOC fiscal note. GOVERNOR'S AMENDATORY VETO MESSAGE Recommends: (i) allowing service of process, in certain drug-related eviction proceedings in counties with a population of 3,000,000 or more, with special appointment by the court (rather than without special appointment) by a private process server or a law enforcement agency other than the sheriff; (ii) deletion of language allowing a plaintiff to re-enter the premises immediately when a court enters a judgment for possession; and (iii) changes in provisions regarding rebuttable presumptions that arise when certain drugs are found or used on the premises. 97-03-10 H FIRST READING 97-03-10 H REFERRED TO HOUSE RULES COMMITTEE RULES 97-03-11 H ASSIGNED TO COMMITTEE JUD-CRIMINAL 97-03-20 H FISCAL NOTE REQUESTED BLACK 97-03-20 H STATE MANDATES FISCAL NOTE REQUESTED BLACK 97-03-20 H CORRECTIONAL NOTE REQUESTED BLACK 97-03-20 H JUDICIAL NOTE REQUESTED BLACK 97-03-20 H COMMITTEE JUD-CRIMINAL 97-03-21 H AMENDMENT NO. 01-JUD-CRIMINAL H 97-03-21 H ADOPTED 97-03-21 H DO PASS AMENDED/SHORT DEBATE 015-000-000 HJUB 97-03-21 H PLACED CALENDAR 2ND READING-SHORT DEBATE 97-03-25 H ADDED AS A CO-SPONSOR MCKEON 97-03-25 H ADDED AS A CO-SPONSOR CURRIE 97-04-07 H FISCAL NOTE REQUESTED AS AMENDED/ROSKAM 97-04-07 H STATE MANDATES FISCAL NOTE REQUESTED AS AMENDED/ROSKAM 97-04-07 H CORRECTIONAL NOTE REQUESTED AS AMENDED/ROSKAM 97-04-07 H JUDICIAL NOTE REQUESTED AS AMENDED/ROSKAM 97-04-07 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-04-09 H FISCAL NOTE FILED AS AMENDED 97-04-09 H CORRECTIONAL NOTE FILED AS AMENDED 97-04-09 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-04-10 H STATE MANDATES FISCAL NOTE REQST-WITHDRN AS AMENDED/ROSKAM 97-04-10 H JUDICIAL NOTE REQUESTED WITHDRAWN/ROSKAM 97-04-10 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-04-14 H SECOND READING-SHORT DEBATE 97-04-14 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 97-04-15 H THIRD READING/SHORT DEBATE/PASSED 115-000-000 97-04-16 S ARRIVE IN SENATE 97-04-16 S PLACED CALENDAR ORDER OF FIRST READING 97-04-16 S CHIEF SPONSOR CRONIN 97-04-17 S FIRST READING 97-04-17 S REFERRED TO SENATE RULES COMMITTEE RULES 97-04-23 S ADDED AS A CHIEF CO-SPONSOR BERMAN 97-04-30 S ASSIGNED TO COMMITTEE JUDICIARY 97-05-07 S DO PASS 008-001-000 SJUD 97-05-07 S PLACED ON CALENDAR ORDER OF 2ND READING 97-05-08 97-05-08 S SECOND READING 97-05-08 S PLACED ON CALENDAR ORDER OF 3RD READING 97-05-09 97-05-15 S THIRD READING - PASSED 056-000-000 97-05-15 H PASSED BOTH HOUSES 97-06-13 H SENT TO THE GOVERNOR 97-08-10 H GOVERNOR AMENDATORY VETO 97-08-10 H PLACED CALENDAR AMENDATORY VETO OCTOBER 28, 1997 97-10-28 H MOTION FILED ACCEPT AMENDATORY VETO #1/RONAN 97-10-28 H MOTION REFERRED TO HRUL 97-10-28 H PLACED CALENDAR AMENDATORY VETO 97-10-29 H APPROVED FOR CONSIDERATION - COMPLIANCE #1/HRUL 97-10-29 H ACCEPT AMENDATORY VETO - HOUSE PASSED 116-000-000 97-10-30 S ARRIVE IN SENATE 97-10-30 S PLACED CALENDAR AMENDATORY VETO NOVEMBER 12, 1997 97-11-12 S MOTION FILED ACCEPT AMENDATORY VETO CRONIN 97-11-13 S ACCEPT AMENDATORY VETO - SENATE PASSED 057-000-000 97-11-13 H BOTH HOUSES ACCEPT AMENDATORY VETO 97-12-11 H RETURNED TO GOVERNOR FOR CERTIFICATION 97-12-12 H GOVERNOR CERTIFIES CHANGES 97-12-12 H EFFECTIVE DATE 98-06-01 97-12-12 H PUBLIC ACT.............................. 90-0557 END OF INQUIRY Full Text Bill Summary