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90_HB2030eng
735 ILCS 5/9-109.5 new
735 ILCS 5/9-109.7 new
735 ILCS 5/9-118 from Ch. 110, par. 9-118
Amends the Code of Civil Procedure. Limits to 7 days the
time a court can stay an order for possession of the premises
entered pursuant to a termination of a lease under the
Controlled Substance and Cannabis Nuisance Act, and provides
that the sheriff or one of his deputies shall execute an
order entered based on a suit brought pursuant to a
termination of a lease under the Controlled Substance and
Cannabis Nuisance Act within 7 days of entry of the order, or
within 7 days of the expiration of a stay, if one is entered.
Provides that the standard of proof in a forcible entry and
detainer action is a preponderance of the evidence. Adds
unlawful possessing, serving, storing, manufacturing,
cultivating, delivering, using, selling and giving away
cannabis, narcotics, or controlled substances as activities
that subject a tenant to emergency public housing eviction
proceedings. Creates a rebuttable presumption that drugs
found or used in the premises were used or possessed by the
tenant or occupant or permitted to be used or possessed on
the premises by the tenant or occupant.
LRB9004977SMcw
HB2030 Engrossed LRB9004977SMcw
1 AN ACT to amend the Code of Civil Procedure by changing
2 Sections 2-202 and 9-118 and by adding Sections 9-109.5 and
3 9-109.7.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Code of Civil Procedure is amended by
7 changing Sections 2-202 and 9-118 and by adding Sections
8 9-109.5 and 9-109.7 as follows:
9 (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
10 Sec. 2-202. Persons authorized to serve process; Place of
11 service; Failure to make return.
12 (a) Process shall be served by a sheriff, or if the
13 sheriff is disqualified, by a coroner of some county of the
14 State. A sheriff of a county with a population of less than
15 1,000,000 may employ civilian personnel to serve process. In
16 counties with a population of less than 1,000,000, process
17 may be served, without special appointment, by a person who
18 is licensed or registered as a private detective under the
19 Private Detective, Private Alarm and Private Security Act of
20 1983 or by a registered employee of a private detective
21 agency certified under that Act. A private detective or
22 licensed employee must supply the sheriff of any county in
23 which he serves process with a copy of his license or
24 certificate; however, the failure of a person to supply the
25 copy shall not in any way impair the validity of process
26 served by the person. The court may, in its discretion upon
27 motion, order service to be made by a private person over 18
28 years of age and not a party to the action. It is not
29 necessary that service be made by a sheriff or coroner of the
30 county in which service is made. If served or sought to be
31 served by a sheriff or coroner, he or she shall endorse his
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1 or her return thereon, and if by a private person the return
2 shall be by affidavit.
3 (b) Summons may be served upon the defendants wherever
4 they may be found in the State, by any person authorized to
5 serve process. An officer may serve summons in his or her
6 official capacity outside his or her county, but fees for
7 mileage outside the county of the officer cannot be taxed as
8 costs. The person serving the process in a foreign county may
9 make return by mail.
10 (c) If any sheriff, coroner, or other person to whom any
11 process is delivered, neglects or refuses to make return of
12 the same, the plaintiff may petition the court to enter a
13 rule requiring the sheriff, coroner, or other person, to make
14 return of the process on a day to be fixed by the court, or
15 to show cause on that day why that person should not be
16 attached for contempt of the court. The plaintiff shall then
17 cause a written notice of the rule to be served on the
18 sheriff, coroner, or other person. If good and sufficient
19 cause be not shown to excuse the officer or other person, the
20 court shall adjudge him or her guilty of a contempt, and
21 shall impose punishment as in other cases of contempt.
22 (d) If process is served by a sheriff or coroner, the
23 court may tax the fee of the sheriff or coroner as costs in
24 the proceeding. If process is served by a private person or
25 entity, the court may establish a fee therefor and tax such
26 fee as costs in the proceedings.
27 (e) In addition to the powers stated in Section 8.1a of
28 the Housing Authorities Act, in counties with a population of
29 3,000,000 or more inhabitants, members of a housing authority
30 police force may serve process for forcible entry and
31 detainer actions commenced by that housing authority and may
32 execute orders of possession for that housing authority.
33 (f) In counties with a population of 3,000,000 or more,
34 process may be served, without special appointment, by a
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1 private process server or a law enforcement agency other than
2 the county sheriff in proceedings instituted under the
3 Forcible Entry and Detainer Article of this Code as a result
4 of a lessor or lessor's assignee declaring a lease void
5 pursuant to Section 11 of the Controlled Substance and
6 Cannabis Nuisance Act.
7 (Source: P.A. 89-594, eff. 8-1-96.)
8 (735 ILCS 5/9-109.5 new)
9 Sec. 9-109.5. Standard of Proof. After a trial, if the
10 court finds, by a preponderance of the evidence, that the
11 allegations in the complaint have been proven, the court
12 shall enter judgment for possession of the premises in favor
13 of the plaintiff and the court shall order that the plaintiff
14 shall be entitled to re-enter the premises immediately.
15 (735 ILCS 5/9-109.7 new)
16 Sec. 9-109.7. Stay of enforcement; drug related action. A
17 judgment for possession of the premises entered in an action
18 brought by a lessor or lessor's assignee, if the action was
19 brought as a result of a lessor or lessor's assignee
20 declaring a lease void pursuant to Section 11 of the
21 Controlled Substance and Cannabis Nuisance Act, may not be
22 stayed for any period in excess of 7 days by the court.
23 Thereafter the plaintiff shall be entitled to re-enter the
24 premises immediately. The sheriff or other lawfully deputized
25 officers shall execute an order entered pursuant to this
26 Section within 7 days of its entry, or within 7 days of the
27 expiration of a stay of judgment, if one is entered.
28 (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
29 Sec. 9-118. Emergency public housing eviction
30 proceedings.
31 (a) As used in this Section:
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1 "Cannabis" has the meaning ascribed to that term in the
2 Cannabis Control Act.
3 "Narcotics" and "controlled substance" have the meanings
4 ascribed to those terms in the Illinois Controlled Substances
5 Act.
6 (b) This Section applies only if all of the following
7 conditions are met:
8 (1) The complaint seeks possession of premises that
9 are owned or managed by a housing authority established
10 under the Housing Authorities Act or privately owned and
11 managed.
12 (2) The verified complaint alleges that there is
13 direct evidence of either of the following:
14 (A) unlawful possessing, serving, storing,
15 manufacturing, cultivating, delivering, using,
16 selling, giving away, or trafficking in cannabis,
17 narcotics, or controlled substances within or upon
18 the premises by or with the knowledge and consent
19 of, or in concert with the person or persons named
20 in the complaint; or
21 (B) the possession, use, sale, or delivery of
22 a firearm which is otherwise prohibited by State law
23 within or upon the premises by or with the knowledge
24 and consent of, or in concert with, the person or
25 persons named in the complaint.
26 (3) Notice by verified complaint setting forth the
27 relevant facts, and a demand for possession of the type
28 specified in Section 9-104 is served on the tenant or
29 occupant of the premises at least 14 days before a
30 hearing on the complaint is held, and proof of service of
31 the complaint is submitted by the plaintiff to the court.
32 (c) When a complaint has been filed under this Section,
33 a hearing on the complaint shall be scheduled on any day
34 after the expiration of 14 days following the filing of the
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1 complaint. The summons shall advise the defendant that a
2 hearing on the complaint shall be held at the specified date
3 and time, and that the defendant should be prepared to
4 present any evidence on his or her behalf at that time.
5 (d) If the defendant does not appear at the hearing,
6 judgment for possession of the premises in favor of the
7 plaintiff shall be entered by default. If the defendant
8 appears, a trial shall be held immediately as is prescribed
9 in other proceedings for possession. The matter shall not be
10 continued beyond 7 days from the date set for the first
11 hearing on the complaint except by agreement of both the
12 plaintiff and the defendant. After a trial, if the court
13 finds, by a preponderance of the evidence, that the
14 allegations in the complaint have been proven, the court
15 shall enter judgment for possession of the premises in favor
16 of the plaintiff and the court shall order that the plaintiff
17 shall be entitled to re-enter the premises immediately.
18 (d-5) If cannabis, narcotics, or controlled substances
19 are found or used anywhere in the premises, there is a
20 rebuttable presumption that the cannabis, narcotics, or
21 controlled substances were either used or possessed by a
22 tenant or occupant or that a tenant or occupant permitted the
23 premises to be used for that use or possession.
24 (e) A judgment for possession entered under this Section
25 may not be stayed for any period in excess of 7 days by the
26 court. Thereafter the plaintiff shall be entitled to
27 re-enter the premises immediately. The sheriff or other
28 lawfully deputized officers shall give priority to service
29 and execution of orders entered under this Section over other
30 possession orders.
31 (f) This Section shall not be construed to prohibit the
32 use or possession of cannabis, narcotics, or a controlled
33 substance that has been legally obtained in accordance with a
34 valid prescription for the personal use of a lawful occupant
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1 of a dwelling unit.
2 (Source: P.A. 87-933; 88-587, eff. 1-1-95.)