Full Text of HB4762 097th General Assembly
HB4762 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4762 Introduced 2/3/2012, by Rep. Tom Cross SYNOPSIS AS INTRODUCED: | | 735 ILCS 5/9-118 | from Ch. 110, par. 9-118 |
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Amends the Code of Civil Procedure. Makes a technical change in the Section
relating to proceedings for evictions from housing authority property.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 9-118 as follows:
| 6 | | (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
| 7 | | Sec. 9-118. Emergency housing eviction proceedings.
| 8 | | (a) As used in this Section:
| 9 | | "Cannabis" has the
the meaning ascribed to that term in the | 10 | | Cannabis Control Act. | 11 | | "Narcotics" and "controlled substance" have the meanings | 12 | | ascribed to those
terms in the Illinois Controlled Substances | 13 | | Act.
| 14 | | (b) This Section applies only if all of the following | 15 | | conditions are
met:
| 16 | | (1) The complaint seeks possession of premises that are
| 17 | | owned or managed by a housing authority established under | 18 | | the Housing
Authorities Act or privately owned and managed.
| 19 | | (2) The verified complaint alleges that there is direct
| 20 | | evidence of any of the following:
| 21 | | (A) unlawful possessing, serving, storing, | 22 | | manufacturing, cultivating,
delivering, using, | 23 | | selling, giving away, or
trafficking in cannabis, |
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| 1 | | methamphetamine, narcotics, or controlled substances
| 2 | | within or upon the premises by or with the knowledge | 3 | | and consent of, or in
concert with the person or | 4 | | persons named in the complaint; or
| 5 | | (B) the possession, use, sale, or delivery of a | 6 | | firearm which is
otherwise prohibited by State law
| 7 | | within or upon the premises by or with the
knowledge | 8 | | and consent of, or in concert with, the person or | 9 | | persons named in
the complaint; or
| 10 | | (C) murder, attempted murder, kidnapping, | 11 | | attempted kidnapping, arson,
attempted arson, | 12 | | aggravated battery, criminal sexual
assault, attempted | 13 | | criminal sexual assault, aggravated criminal sexual | 14 | | assault,
predatory criminal sexual assault of a child, | 15 | | or criminal sexual abuse
within or upon the premises by | 16 | | or with the
knowledge and consent of, or in concert | 17 | | with, the person or persons named in
the complaint.
| 18 | | (3) Notice by verified complaint setting forth the | 19 | | relevant facts, and a
demand for possession of the type | 20 | | specified in Section 9-104 is served on
the tenant or | 21 | | occupant of the premises at least 14 days before a hearing | 22 | | on
the complaint is held, and proof of service of the | 23 | | complaint is submitted
by the plaintiff to the court.
| 24 | | (b-5) In all actions brought under this Section 9-118, no | 25 | | predicate notice
of termination or demand for possession shall | 26 | | be required to initiate an
eviction action.
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| 1 | | (c) When a complaint has been filed under this Section, a | 2 | | hearing on the
complaint shall be scheduled on any day after | 3 | | the expiration of 14 days
following the filing of the | 4 | | complaint. The summons shall advise the defendant
that a | 5 | | hearing on the complaint shall be held at the specified date | 6 | | and time,
and that the defendant should be prepared to present | 7 | | any evidence on his or her
behalf at that time.
| 8 | | If a plaintiff which is a public housing authority accepts
| 9 | | rent from the defendant after an action is initiated under this
| 10 | | Section, the acceptance of rent shall not be a cause for | 11 | | dismissal of the
complaint.
| 12 | | (d) If the defendant does not appear at the hearing, | 13 | | judgment for
possession of the premises in favor of the | 14 | | plaintiff shall be entered by
default. If the defendant | 15 | | appears, a trial shall be held immediately as is
prescribed in | 16 | | other proceedings for possession. The matter shall not be
| 17 | | continued beyond 7 days from the date set for the first hearing | 18 | | on the
complaint except by agreement of both the plaintiff and | 19 | | the defendant. After a
trial, if the court finds, by a | 20 | | preponderance of the evidence, that the
allegations in the | 21 | | complaint have been proven, the court shall enter judgment
for | 22 | | possession of the premises in favor of the plaintiff and the | 23 | | court shall
order that the plaintiff shall be entitled to | 24 | | re-enter the premises
immediately.
| 25 | | (d-5) If cannabis, methamphetamine, narcotics, or | 26 | | controlled substances are found or used
anywhere in the |
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| 1 | | premises, there is a rebuttable presumption either (1) that the
| 2 | | cannabis, methamphetamine,
narcotics, or controlled substances | 3 | | were used or possessed by a tenant
or occupant or (2) that a | 4 | | tenant or occupant permitted the premises to be used
for
that | 5 | | use or possession, and knew or should have reasonably known | 6 | | that the
substance was used or possessed.
| 7 | | (e) A judgment for possession entered under this Section | 8 | | may not be
stayed for any period in excess of 7 days by the | 9 | | court. Thereafter the
plaintiff shall be entitled to re-enter | 10 | | the premises immediately. The sheriff
or other lawfully | 11 | | deputized officers shall give priority to service and
execution | 12 | | of orders entered under this Section over other possession | 13 | | orders.
| 14 | | (f) This Section shall not be construed to prohibit the use | 15 | | or possession
of cannabis, methamphetamine, narcotics, or a | 16 | | controlled substance that has been legally
obtained in | 17 | | accordance with a valid prescription for the personal use of a
| 18 | | lawful occupant of a dwelling unit.
| 19 | | (Source: P.A. 94-556, eff. 9-11-05.)
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