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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Controlled Substance and Cannabis Nuisance | ||||||
5 | Act is amended by changing Section 3 as follows:
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6 | (740 ILCS 40/3) (from Ch. 100 1/2, par. 16)
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7 | Sec. 3. (a) The Department or the State's Attorney or any | ||||||
8 | citizen of the
county in which a nuisance exists may file a | ||||||
9 | complaint in the name of the
People of the State of Illinois, | ||||||
10 | to enjoin all persons from maintaining or
permitting such | ||||||
11 | nuisance, to abate the same and to enjoin the use of any
such | ||||||
12 | place for the period of one year.
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13 | (b) Upon the filing of a complaint by the State's Attorney | ||||||
14 | or the Department
in which the complaint states that | ||||||
15 | irreparable injury, loss or damage will
result to the People of | ||||||
16 | the State of Illinois, the court shall enter a
temporary | ||||||
17 | restraining order without notice enjoining the maintenance of
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18 | such nuisance, upon testimony under oath, affidavit, or | ||||||
19 | verified complaint
containing facts sufficient, if sustained, | ||||||
20 | to justify the court in entering
a preliminary injunction upon | ||||||
21 | a hearing after notice. Every such temporary
restraining order | ||||||
22 | entered without notice shall be endorsed with the date
and hour | ||||||
23 | of entry of the order, shall be filed of record, and shall
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1 | expire by its terms within such time after entry, not to exceed | ||||||
2 | 10 days as
fixed by the court, unless the temporary restraining | ||||||
3 | order, for good cause is
extended for a like period or unless | ||||||
4 | the party against whom the order is
directed consents that it | ||||||
5 | may be extended for a longer period. The reason
for extension | ||||||
6 | shall be shown in the order. In case a temporary restraining
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7 | order is entered without notice, the motion for a permanent | ||||||
8 | injunction
shall be set down for hearing at the earliest | ||||||
9 | possible time and takes
precedence over all matters except | ||||||
10 | older matters of the same character, and
when the motion comes | ||||||
11 | on for hearing, the Department or State's Attorney,
as the case | ||||||
12 | may be, shall proceed with the application for a permanent
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13 | injunction, and, if he does not do so, the court shall dissolve | ||||||
14 | the
temporary restraining order. On 2 days notice to the | ||||||
15 | Department or State's
Attorney, as the case may be, the | ||||||
16 | defendant may appear and move the
dissolution or modification | ||||||
17 | of such temporary restraining order and in that
event the court | ||||||
18 | shall proceed to hear and determine such motion as
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19 | expeditiously as the ends of justice require.
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20 | (c) Upon the filing of the complaint by a citizen or the | ||||||
21 | Department or the
State's Attorney (in cases in which the | ||||||
22 | Department or State's Attorney do
not request injunctive relief | ||||||
23 | without notice) in the circuit court,
the court, if satisfied | ||||||
24 | that the nuisance complained of
exists, shall allow a temporary | ||||||
25 | restraining order, with bond unless the
application is filed by | ||||||
26 | the Department or State's Attorney, in such amount
as the court |
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1 | may determine, enjoining the defendant from maintaining any
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2 | such nuisance within the jurisdiction of the court granting the | ||||||
3 | injunctive
relief. However, no such injunctive relief shall be | ||||||
4 | granted, except on
behalf of an owner or agent, unless it be | ||||||
5 | made to appear to the
satisfaction of the court that the owner | ||||||
6 | or agent of such place, knew or
had been personally served with | ||||||
7 | a notice signed by the plaintiff and, that
such notice has been | ||||||
8 | served upon such owner or such agent of such place at
least 5 | ||||||
9 | days prior thereto, that such place, specifically describing | ||||||
10 | the
same, was being so used, naming the date or dates of its | ||||||
11 | being so used, and
that such owner or agent had failed to abate | ||||||
12 | such nuisance, or that upon
diligent inquiry such owner or | ||||||
13 | agent could not be found within Illinois for
the service of | ||||||
14 | such preliminary notice. The lessee, if any, of such place
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15 | shall be made a party defendant to such petition. If the | ||||||
16 | property owner is a corporation and the Department or the | ||||||
17 | State's Attorney sends the preliminary notice to the corporate | ||||||
18 | address registered with the Secretary of State, such action | ||||||
19 | shall create a rebuttable presumption that the parties have | ||||||
20 | acted with due diligence and the court may grant injunctive | ||||||
21 | relief.
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22 | (d) In all cases in which the complaint is filed by a | ||||||
23 | citizen, such
complaint shall be verified.
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24 | (Source: P.A. 87-765.)
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