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SB1375 Engrossed |
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LRB095 04893 AJO 24958 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Controlled Substance and Cannabis Nuisance |
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| Act is amended by changing Section 3 as follows:
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| (740 ILCS 40/3) (from Ch. 100 1/2, par. 16)
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| Sec. 3. (a) The Department or the State's Attorney or any |
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| citizen of the
county in which a nuisance exists may file a |
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| complaint in the name of the
People of the State of Illinois, |
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| to enjoin all persons from maintaining or
permitting such |
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| nuisance, to abate the same and to enjoin the use of any
such |
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| place for the period of one year.
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| (b) Upon the filing of a complaint by the State's Attorney |
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| or the Department
in which the complaint states that |
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| irreparable injury, loss or damage will
result to the People of |
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| the State of Illinois, the court shall enter a
temporary |
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| restraining order without notice enjoining the maintenance of
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| such nuisance, upon testimony under oath, affidavit, or |
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| verified complaint
containing facts sufficient, if sustained, |
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| to justify the court in entering
a preliminary injunction upon |
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| a hearing after notice. Every such temporary
restraining order |
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| entered without notice shall be endorsed with the date
and hour |
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| of entry of the order, shall be filed of record, and shall
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SB1375 Engrossed |
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LRB095 04893 AJO 24958 b |
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| expire by its terms within such time after entry, not to exceed |
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| 10 days as
fixed by the court, unless the temporary restraining |
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| order, for good cause is
extended for a like period or unless |
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| the party against whom the order is
directed consents that it |
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| may be extended for a longer period. The reason
for extension |
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| shall be shown in the order. In case a temporary restraining
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| order is entered without notice, the motion for a permanent |
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| injunction
shall be set down for hearing at the earliest |
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| possible time and takes
precedence over all matters except |
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| older matters of the same character, and
when the motion comes |
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| on for hearing, the Department or State's Attorney,
as the case |
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| may be, shall proceed with the application for a permanent
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| injunction, and, if he does not do so, the court shall dissolve |
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| the
temporary restraining order. On 2 days notice to the |
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| Department or State's
Attorney, as the case may be, the |
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| defendant may appear and move the
dissolution or modification |
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| of such temporary restraining order and in that
event the court |
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| shall proceed to hear and determine such motion as
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| expeditiously as the ends of justice require.
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| (c) Upon the filing of the complaint by a citizen or the |
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| Department or the
State's Attorney (in cases in which the |
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| Department or State's Attorney do
not request injunctive relief |
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| without notice) in the circuit court,
the court, if satisfied |
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| that the nuisance complained of
exists, shall allow a temporary |
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| restraining order, with bond unless the
application is filed by |
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| the Department or State's Attorney, in such amount
as the court |
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LRB095 04893 AJO 24958 b |
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| may determine, enjoining the defendant from maintaining any
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| such nuisance within the jurisdiction of the court granting the |
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| injunctive
relief. However, no such injunctive relief shall be |
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| granted, except on
behalf of an owner or agent, unless it be |
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| made to appear to the
satisfaction of the court that the owner |
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| or agent of such place, knew or
had been personally served with |
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| a notice signed by the plaintiff and, that
such notice has been |
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| served upon such owner or such agent of such place at
least 5 |
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| days prior thereto, that such place, specifically describing |
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| the
same, was being so used, naming the date or dates of its |
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| being so used, and
that such owner or agent had failed to abate |
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| such nuisance, or that upon
diligent inquiry such owner or |
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| agent could not be found within Illinois for
the service of |
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| such preliminary notice. The lessee, if any, of such place
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| shall be made a party defendant to such petition. If the |
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| property owner is a corporation and the Department or the |
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| State's Attorney sends the preliminary notice to the corporate |
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| address registered with the Secretary of State, such action |
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| shall create a rebuttable presumption that the parties have |
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| acted with due diligence and the court may grant injunctive |
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| relief.
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| (d) In all cases in which the complaint is filed by a |
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| citizen, such
complaint shall be verified.
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| (Source: P.A. 87-765.)
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