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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] |
91_HB2042eng HB2042 Engrossed 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 landlordThe19complaint seeks possession of premises that are owned or20managed by a housing authority established under the21Housing 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 circumstancesalleges that there is direct evidence of25either of the following: 26 (A) unlawfullyunlawfulpossessing, 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 HB2042 Engrossed -2- LRB9101250SMpr 1 invitee of the defendantwithin or upon the premises2by or with the knowledge and consent of, or in3concert with the person or persons named in the4complaint; 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 defendantwithin or upon the premises20by or with the knowledge and consent of, or in21concert with, the person or persons named in the22complaint. 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 HB2042 Engrossed -3- LRB9101250SMpr 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 HB2042 Engrossed -4- LRB9101250SMpr 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.