90th General Assembly
Summary of HB1140
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Short description: 
CIV PRO-FORCIBLE ENTRY-CRIME                                               

Synopsis of Bill as introduced:
        Amends the Code of Civil Procedure.  Provides that, if  a  tenant      
   uses  or permits the use of leased premises for certain criminal acts,      
   the lease shall be void at the lessor's option, and  that  the  lessor      
   (or the State's Attorney, if the State's Attorney agrees to do so) may      
   bring  a  forcible entry action for the eviction of the lessee and all      
   occupants in accordance with specified requirements concerning notice,      
   procedure, costs, and deposits.                                             
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          735 ILCS 5/9-106                from Ch. 110, par. 9-106             
        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 provisions of the bill unless all parties agree  to  a      
   longer  period,  and  provides that the sheriff shall execute an order      
   entered based on a suit brought pursuant to a termination of  a  lease      
   under  the  provisions  of  the bill within 7 days of the entry of the      
   order or the expiration of a stay.   Provides  that  the  standard  of      
   proof  in a forcible entry and detainer action under the provisions of      
   the bill is a  preponderance  of  the  evidence.     Provides  that  a      
   security deposit may be used to pay the fee charged by the sheriff for      
   carrying out an eviction.  Makes other changes.                             
        SENATE AMENDMENT NO. 1. (Tabled May 16, 1997)                          
          Adds reference to:                                                   
          65 ILCS 5/3.1-10-5                                                   
          725 ILCS 5/115-4.1                                                   
        Amends the  Municipal  Code.   Provides  that  a  person  is  not      
   eligible  for  an  elective  municipal  office if that person has been      
   convicted of any infamous crime, bribery,  perjury,  or  other  felony      
   unless  the  conviction  and,  if  punishment  included incarceration,      
   release from that incarceration occurred more  than  10  years  before      
   that  person  files a petition of candidacy (now has been convicted of      
   any infamous crime, bribery, perjury or other felony). Amends the Code      
   of Criminal Procedure of 1963.  Provides that when a  defendant  after      
   arrest  and  an initial court appearance for a non-capital felony or a      
   misdemeanor (now a non-capital felony) fails to appear  at  trial,  at      
   the  request of the State and after the State has affirmatively proven      
   through substantial evidence that the defendant is  wilfully  avoiding      
   trial, the court may commence trial in the absence of the defendant.        
Last action on Bill: PUBLIC ACT.............................. 90-0360

   Last action date: 97-08-10

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


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