Illinois General Assembly - Full Text of SB3166
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Full Text of SB3166  99th General Assembly


Sen. John G. Mulroe

Filed: 3/30/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 3166 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Civil Procedure is amended by
5changing Section 9-117 as follows:
6    (735 ILCS 5/9-117)  (from Ch. 110, par. 9-117)
7    Sec. 9-117. Expiration of Judgment. No judgment for
8possession obtained in an action brought under this Article may
9be enforced more than 120 days after judgment is entered,
10unless upon motion by the plaintiff the court grants an
11extension of the period of enforcement of the judgment.
12Plaintiff's notice of motion shall contain the following notice
13directed to the defendant:
14        "The plaintiff in this case Your landlord, (insert
15    name), obtained an eviction judgment against you on (insert
16    date), but the sheriff did not evict you within the 120



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1    days that the plaintiff landlord has to evict after a
2    judgment in court. On the date stated in this notice, the
3    plaintiff your landlord will be asking the court to allow
4    the sheriff to evict you based on that judgment. You must
5    attend the court hearing if you want the court to stop the
6    plaintiff landlord from having you evicted. To prevent the
7    eviction, you must be able to prove that (1) the plaintiff
8    landlord and you made an agreement after the judgment (for
9    instance, to pay up back rent or to comply with the lease)
10    and you have lived up to the agreement; or (2) the reason
11    the plaintiff landlord brought the original eviction case
12    has been resolved or forgiven, and the eviction the
13    plaintiff landlord now wants the court to grant is based on
14    a new or different reason; or (3) that you have another
15    legal or equitable reason why the court should not grant
16    the plaintiff's landlord's request for your eviction."
17    The court shall grant the motion for the extension of the
18judgment of possession unless the defendant establishes that
19the tenancy has been reinstated, that the breach upon which the
20judgment was issued has been cured or waived, that the
21plaintiff and defendant entered into a post-judgment agreement
22whose terms the defendant has performed, or that other legal or
23equitable grounds exist that bar enforcement of the judgment.
24This Section does not apply to any action based upon a breach
25of a contract entered into on or after July 1, 1962, for the
26purchase of premises in which the court has entered a stay



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1under Section 9-110; nor shall this Section apply to any action
2to which the provisions of Section 9-111 apply; nor shall this
3Section affect the rights of Boards of Managers under Section
5(Source: P.A. 96-60, eff. 7-23-09.)".