State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]

91_HB2042

 
                                               LRB9101250SMpr

 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        Sec. 9-118.  Emergency housing eviction proceedings.
 9        (a)  As used in this Section:
10        "Cannabis" has the meaning ascribed to that term  in  the
11    Cannabis Control Act.
12        "Narcotics"  and "controlled substance" have the meanings
13    ascribed to those terms in the Illinois Controlled Substances
14    Act.
15        (b)  This Section applies only if all  of  the  following
16    conditions are met:
17             (1)  A  landlord  files a verified complaint seeking
18        possession  of  premises  owned  by  that  landlord   The
19        complaint  seeks possession of premises that are owned or
20        managed by a  housing  authority  established  under  the
21        Housing Authorities Act or privately owned and managed.
22             (2)  The  verified  complaint  filed by the landlord
23        states facts  alleging  one  or  more  of  the  following
24        circumstances  alleges  that  there is direct evidence of
25        either of the following:
26                  (A)  unlawfully unlawful  possessing,  serving,
27             storing,   manufacturing,  cultivating,  delivering,
28             using,  selling,  giving  away,  or  trafficking  in
29             cannabis, narcotics,  or  controlled  substances  on
30             property  owned  by the landlord by the defendant, a
31             member of the defendant's household, or a  guest  or
 
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 1             invitee of the defendant within or upon the premises
 2             by  or  with  the  knowledge  and  consent of, or in
 3             concert with the person  or  persons  named  in  the
 4             complaint; or
 5                  (B)  the  possession, use, sale, or delivery of
 6             a firearm which is otherwise prohibited by State law
 7             on property owned by the landlord by the  defendant,
 8             a member of the defendant's household, or a guest or
 9             invitee of the defendant; or
10                  (C)  murder,   attempted   murder,  kidnapping,
11             attempted  kidnapping,   arson,   attempted   arson,
12             aggravated  assault,  aggravated  battery,  criminal
13             sexual  assault,  attempted criminal sexual assault,
14             aggravated  criminal   sexual   assault,   predatory
15             criminal  sexual assault of a child, criminal sexual
16             abuse,  and  attempted  criminal  sexual  abuse   on
17             property  owned  by the landlord by the defendant, a
18             member of the defendant's household, or a  guest  or
19             invitee of the defendant within or upon the premises
20             by  or  with  the  knowledge  and  consent of, or in
21             concert with, the person or  persons  named  in  the
22             complaint.
23             (3)  Notice  by verified complaint setting forth the
24        relevant facts, and a demand for possession of  the  type
25        specified  in  Section  9-104  is served on the tenant or
26        occupant of the  premises  at  least  14  days  before  a
27        hearing on the complaint is held, and proof of service of
28        the complaint is submitted by the plaintiff to the court.
29        (b-5)  In   actions   brought   under  this  Section,  no
30    predicate notice of  termination  or  demand  for  possession
31    shall be required to initiate an eviction action.
32        (c)  When  a complaint has been filed under this Section,
33    a hearing on the complaint shall  be  scheduled  on  any  day
34    after  the  expiration of 14 days following the filing of the
 
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 1    complaint. The summons shall  advise  the  defendant  that  a
 2    hearing  on the complaint shall be held at the specified date
 3    and time, and  that  the  defendant  should  be  prepared  to
 4    present any evidence on his or her behalf at that time.
 5        If  a  plaintiff  which  is  a  public  housing authority
 6    accepts rent from the defendant after an action is  initiated
 7    under  this  Section,  the  acceptance of rent shall not be a
 8    cause for dismissal of the complaint.
 9        (d)  If the defendant does not  appear  at  the  hearing,
10    judgment  for  possession  of  the  premises  in favor of the
11    plaintiff shall be entered  by  default.   If  the  defendant
12    appears,  a  trial shall be held immediately as is prescribed
13    in other proceedings for possession.  The matter shall not be
14    continued beyond 7 days from  the  date  set  for  the  first
15    hearing  on  the  complaint  except  by agreement of both the
16    plaintiff and the defendant.  After a  trial,  if  the  court
17    finds,   by   a  preponderance  of  the  evidence,  that  the
18    allegations in the complaint  have  been  proven,  the  court
19    shall  enter judgment for possession of the premises in favor
20    of the plaintiff and the court shall order that the plaintiff
21    shall be entitled to re-enter the premises immediately.
22        (d-5)  If cannabis, narcotics, or  controlled  substances
23    are  found  or  used  anywhere  in  the  premises, there is a
24    rebuttable  presumption  either  (1)   that   the   cannabis,
25    narcotics, or controlled substances were used or possessed by
26    a  tenant  or  occupant  or  (2)  that  a  tenant or occupant
27    permitted the premises to be used for that use or possession,
28    and knew or should have reasonably known that  the  substance
29    was used or possessed.
30        (e)  A judgment for possession entered under this Section
31    may  not  be stayed for any period in excess of 7 days by the
32    court.   Thereafter  the  plaintiff  shall  be  entitled   to
33    re-enter  the  premises  immediately.   The  sheriff or other
34    lawfully deputized officers shall give  priority  to  service
 
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 1    and execution of orders entered under this Section over other
 2    possession orders.
 3        (f)  This  Section shall not be construed to prohibit the
 4    use or possession of cannabis,  narcotics,  or  a  controlled
 5    substance that has been legally obtained in accordance with a
 6    valid  prescription for the personal use of a lawful occupant
 7    of a dwelling unit.
 8    (Source: P.A. 90-557, eff. 6-1-98; 90-768, eff. 8-14-98.)

 9        Section 99.  Effective date.  This Act takes effect  upon
10    becoming law.

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