Rep. Anthony DeLuca
Filed: 5/20/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1783




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    AMENDMENT NO. ______. Amend Senate Bill 1783, AS AMENDED, 
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by replacing everything after the enacting clause with the 
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following:



 
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    "Section 5. The Illinois Municipal Code is amended by 
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adding Section 11-5.4-1 as follows:
 
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    (65 ILCS 5/11-5.4-1 new)

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    Sec. 11-5.4-1. Criminal activity prohibition in 
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residential leases.  The corporate authorities of any 
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municipality may require that any lease entered into for single 
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or multi-family residential property located in the 
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municipality include a provision or an addendum that prohibits 
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criminal activity and provides the landlord the right to 
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terminate the lease for engaging in such activity.
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    For the purposes of this Section, "criminal activity" 
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means, but is not limited to:
 


 






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        (i)  Disorderly conduct as defined in Section 26-1 of 
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    the Criminal Code of 1961.
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        (ii)  Unlawful use of weapons as defined in Section 24-1 
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    of the Criminal Code of 1961.
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        (iii)   Mob action as defined in Section 25-1 of the 
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    Criminal Code of 1961.
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        (iv)   Aggravated discharge of a firearm as defined in 
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    Sections 24-1.2 and 24-1.2-5 of the Criminal Code of 1961.
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        (v)  Gambling as defined in Section 28-1 of the Criminal 
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    Code of 1961.
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        (vi)  Possession, manufacture, or delivery of a 
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    controlled substance as defined in Section 401 of the 
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    Illinois Controlled Substances Act.
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        (vii)   Assault or battery or any related offense as 
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    defined in Article 12 of the Criminal Code of 1961.
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        (viii)   Criminal sexual abuse or related offenses as 
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    defined in Sections 12-15 and 12-16 of the Criminal Code of 
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    1961.
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        (ix)   Public indecency as defined in  Section 11-9 of the 
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    Criminal Code of 1961.
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        (x)   Prostitution as defined in Section 11-14 of the 
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    Criminal Code of 1961.
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        (xi) Criminal damage to property as defined in Section 
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    21-1 of the Criminal Code of 1961.
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        (xii)    Possession, cultivation, manufacture, or 
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    delivery of cannabis as defined in the Cannabis Control 
 


 






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    Act.
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        (xiii)   Illegal consumption or possession of alcohol as 
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    defined in the Liquor Control Act of 1934.
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        (xiv)   Violation of any municipal ordinance or State of 
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    Illinois statute controlling or regulating the sale or use 
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    of alcoholic beverages. 




 
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    Section 10. The Code of Civil Procedure is amended  by 
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changing Section 9-120 as follows:

 



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    (735 ILCS 5/9-120)


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    Sec. 9-120. 
Leased premises used in furtherance of a 
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criminal offense;
lease void at option of lessor or assignee.

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    (a) If any lessee or occupant, on one or more occasions, 
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uses or permits the
use of leased premises for the commission 
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of any act that would constitute a
felony or a Class A 
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misdemeanor under the laws of this State, the lease or
rental 
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agreement shall, at the option of the lessor or
the lessor's

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assignee become void, and the owner or lessor shall be entitled 
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to recover
possession of the leased premises as against a 
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tenant holding over after the
expiration of his or her term.
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    (a-5) In all actions brought under this Section, no 
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predicate notice of termination or demand for possession shall 
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be required to initiate an eviction action. Notice specifying 
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the alleged violations of the lease to be considered by the 
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court shall be delivered to the lessee by sending a copy by 
 


 






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certified mail and by posting the notice on the premise. 

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    (b) The owner or lessor may bring a forcible entry and 
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detainer action, or,
if
the State's Attorney of the county in 
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which the real property is
located agrees, assign to that 
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State's Attorney the right to bring a forcible
entry and 
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detainer action on behalf of
the owner or lessor, against the 
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lessee and all occupants of the leased
premises.  The assignment 
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must be in writing on a form prepared by the State's
Attorney 
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of the county in which the real property is located.  If the 
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owner or
lessor assigns the right to bring a forcible entry and 
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detainer action, the
assignment shall be limited to those 
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rights and duties up to and including
delivery of the order of 
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eviction to the sheriff for execution.  The owner or
lessor 
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shall remain liable for the cost of the eviction whether or not 
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the
right to bring the forcible entry and detainer action has 
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been assigned.

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    (c) A person does not forfeit any part of his or her 
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security deposit due
solely to an eviction under the provisions 
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of this Section, except that a
security deposit may be used to 
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pay fees charged by the sheriff for carrying
out an eviction.

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    (d) If a lessor or the lessor's assignee voids a lease or 
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contract under the
provisions of this Section and the tenant or 
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occupant has not vacated the
premises within 5 days after 
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receipt of a written notice to vacate the
premises, the lessor 
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or lessor's assignee may seek relief under this Article
IX. 
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Notwithstanding Sections 9-112, 9-113, and 9-114
of this Code, 
 


 






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judgment for costs against a plaintiff seeking
possession of 
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the premises under this Section shall not be awarded to the

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defendant unless the action was brought by the plaintiff in bad 
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faith.  An
action to possess premises under this Section shall 
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not be deemed to be in bad
faith when the plaintiff based his 
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or her cause of action on information
provided to him or her by 
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a law enforcement agency or the State's Attorney.

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    (e) After a trial, if the court finds, by a
preponderance 
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of the evidence,
that the allegations in the complaint have 
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been proven or that a default has been proven in any other term 
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of the lease, the court
shall enter judgment for possession of 
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the premises in favor of the plaintiff
and the court shall 
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order that the plaintiff shall be entitled to re-enter the

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premises immediately.

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    (f) A judgment for
possession of the premises entered in an 
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action brought by a lessor or lessor's
assignee, if the action 
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was brought
as a result of a lessor or lessor's assignee 
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declaring a lease void
pursuant to this Section,
may not be 
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stayed for any period in excess of 7 days by the court unless 
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all
parties agree to a longer period.
Thereafter the plaintiff 
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shall be entitled to re-enter the premises
immediately. The 
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sheriff or other lawfully deputized officers shall execute an

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order entered pursuant to this Section
within 7 days of its 
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entry, or within 7 days of the expiration of
a stay of 
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judgment, if one is entered.

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    (g) Nothing in this Section shall limit the rights of an 
 


 






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owner or lessor
to bring a forcible entry and detainer action 
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on the basis of other applicable
law.

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(Source: P.A. 90-360, eff. 1-1-98.)

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