House Sponsors: RONEN-MCKEON-CURRIE. Senate Sponsors: CRONIN-BERMAN Short description: EVICTION-DRUG RELATD-PROCEDURE Synopsis of Bill as introduced: 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. HOUSE AMENDMENT NO. 1. Adds reference to: 735 ILCS 5/2-202 from Ch. 110, par. 2-202 Deletes everything and replaces it with identical language, but making additional changes. Amends the Code of Civil Procedure. Provides that in counties with a population of 3,000,000 or more, process may be served in certain drug-related eviction proceedings, without special appointment, by a private process server or a law enforcement agency other than the county sheriff. 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. Changes the emergency public housing eviction provisions to apply to all housing and adds new grounds subjecting a tenant to emergency 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. FISCAL NOTE, H-AM 1 (Dept. of Corrections) HB2030 would have no fiscal or prison population impact on DOC. CORRECTIONAL NOTE, H-AM 1 No change from DOC fiscal note. GOVERNOR'S AMENDATORY VETO MESSAGE Recommends: (i) allowing service of process, in certain drug-related eviction proceedings in counties with a population of 3,000,000 or more, with special appointment by the court (rather than without special appointment) by a private process server or a law enforcement agency other than the sheriff; (ii) deletion of language allowing a plaintiff to re-enter the premises immediately when a court enters a judgment for possession; and (iii) changes in provisions regarding rebuttable presumptions that arise when certain drugs are found or used on the premises. Last action on Bill: PUBLIC ACT.............................. 90-0557 Last action date: 97-12-12 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 0 END OF INQUIRY Full Text Bill Status