State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]


92_SB1934eng

 
SB1934 Engrossed                               LRB9214343RCsb

 1        AN ACT in relation to civil procedure.

 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  Sections  9-104  and  9-107  and  by adding Section
 6    9-107.5 as follows:

 7        (735 ILCS 5/9-104) (from Ch. 110, par. 9-104)
 8        Sec. 9-104.   Demand  -  Notice  -  Return.   The  demand
 9    required  by  Section  9-102  of  this  Act  may  be  made by
10    delivering a copy thereof to the tenant, or by leaving such a
11    copy with some person of the age  of  13  years  or  upwards,
12    residing  on, or being in charge of, the premises; or in case
13    no one is in the actual possession of the premises,  then  by
14    posting  the  same on the premises; or if those in possession
15    are unknown occupants who are  not  parties  to  any  written
16    lease, rental agreement, or right to possession agreement for
17    the  premises,  then  by  delivering  a  copy  of the notice,
18    directed to  "unknown  occupants",  to  the  occupant  or  by
19    leaving  a  copy of the notice with some person of the age of
20    13 years or upwards occupying the premises, or by  posting  a
21    copy  of  the  notice  on  the  premises directed to "unknown
22    occupants". When such demand is made by an officer authorized
23    to serve process, his or her return is prima  facie  evidence
24    of  the  facts  therein stated, and if such demand is made by
25    any person not an officer, the return may be sworn to by  the
26    person  serving the same, and is then prima facie evidence of
27    the facts therein stated. The demand for possession may be in
28    the following form: To ....
29        I hereby demand immediate  possession  of  the  following
30    described premises: (describing the same.)
31        The  demand  shall  be signed by the person claiming such
 
SB1934 Engrossed            -2-                LRB9214343RCsb
 1    possession, his or her agent, or attorney.
 2    (Source: P.A. 83-1362.)

 3        (735 ILCS 5/9-107) (from Ch. 110, par. 9-107)
 4        Sec. 9-107.  Constructive service.  If the plaintiff, his
 5    or her agent, or attorney files a forcible  detainer  action,
 6    with or without joinder of a claim for rent in the complaint,
 7    and  is unable to obtain personal service on the defendant or
 8    unknown occupant and a summons duly issued in such action  is
 9    returned  without  service  stating  that  service can not be
10    obtained, then the plaintiff, his or her  agent  or  attorney
11    may  file  an affidavit stating that the defendant or unknown
12    occupant is not a resident of this  State,  or  has  departed
13    from  this  State,  or  on due inquiry cannot be found, or is
14    concealed within this State so that process cannot be  served
15    upon  him  or her, and also stating the place of residence of
16    the defendant or unknown occupant, if known, or if not known,
17    that upon diligent inquiry the affiant has not been  able  to
18    ascertain  the  defendant's  or  unknown  occupant's place of
19    residence, then in all such forcible detainer  cases  whether
20    or  not  a  claim  for  rent is joined with the complaint for
21    possession, the defendant or unknown occupant may be notified
22    by posting and mailing of  notices;  or  by  publication  and
23    mailing,  as  provided  for  in  Section  2-206  of this Act.
24    However, in cases where the defendant or unknown occupant  is
25    notified  by posting and mailing of notices or by publication
26    and mailing, and the defendant or unknown occupant  does  not
27    appear  generally,  the court may rule only on the portion of
28    the complaint which seeks judgment for  possession,  and  the
29    court shall not enter judgment as to any rent claim joined in
30    the  complaint or enter personal judgment for any amount owed
31    by a unit owner for his or her  proportionate  share  of  the
32    common  expenses,  however, an in rem judgment may be entered
33    against the unit for the amount of common expenses  due,  any
 
SB1934 Engrossed            -3-                LRB9214343RCsb
 1    other  expenses  lawfully  agreed  upon  or the amount of any
 2    unpaid fine, together with reasonable attorney fees, if  any,
 3    and  costs.  The claim for rent may remain pending until such
 4    time as the defendant or unknown occupant  appears  generally
 5    or is served with summons, but the order for possession shall
 6    be  final,  enforceable  and appealable if the court makes an
 7    express written finding that there  is  no  just  reason  for
 8    delaying  enforcement or appeal, as provided by Supreme Court
 9    rule of this State.
10        Such notice shall be in the name  of  the  clerk  of  the
11    court,  be  directed  to  the  defendant or unknown occupant,
12    shall state the nature of the cause against the defendant  or
13    unknown  occupant  and  at whose instance issued and the time
14    and place for trial, and shall also  state  that  unless  the
15    defendant  or  unknown occupant appears at the time and place
16    fixed for trial, judgment will be  entered  by  default,  and
17    shall  specify  the  character  of  the judgment that will be
18    entered in such cause.  The sheriff shall post  3  copies  of
19    the  notice  in  3  public  places in the neighborhood of the
20    court where the cause is to be tried, at least 10 days  prior
21    to  the  day  set  for  the  appearance, and, if the place of
22    residence of the defendant or unknown occupant is  stated  in
23    any  affidavit  on file, shall at the same time mail one copy
24    of the notice addressed to such defendant or unknown occupant
25    at such place of residence shown in such  affidavit.   On  or
26    before the day set for the appearance, the sheriff shall file
27    the  notice with an endorsement thereon stating the time when
28    and places where the sheriff posted and to whom and  at  what
29    address  he or she mailed copies as required by this Section.
30    For want of sufficient notice any cause may be continued from
31    time  to  time  until  the  court  has  jurisdiction  of  the
32    defendant or unknown occupant.
33    (Source: P.A. 83-1528.)
 
SB1934 Engrossed            -4-                LRB9214343RCsb
 1        (735 ILCS 5/9-107.5 new)
 2        Sec. 9-107.5.  Notice to unknown occupants.
 3        (a)  Service of process upon an unknown occupant  may  be
 4    had  by delivering a copy of the summons and complaint naming
 5    "unknown occupants" to the tenant or any unknown occupant  or
 6    person of the age of 13 or upwards occupying the premises.
 7        (b)  If  unknown  occupants  are not named in the initial
 8    summons and complaint and a judgment for possession in  favor
 9    of  the  plaintiff is entered, but the order does not include
10    unknown occupants and the sheriff determines  when  executing
11    the  judgment for possession that persons not included in the
12    order are in possession of the  premises,  then  the  sheriff
13    shall  leave  with a person of the age of 13 years or upwards
14    occupying the premises, a copy of the order, or if no one  is
15    present  in  the  premises  to accept the order or refuses to
16    accept the order, then by posting a copy of the order on  the
17    premises.  In  addition  to  leaving  a  copy of the order or
18    posting of the order, the sheriff shall also leave or post  a
19    notice  addressed  to  "unknown occupants" that states unless
20    any unknown occupants file a written petition with the  clerk
21    that  sets  forth  the  unknown  occupant's  legal  claim for
22    possession within 5 days of the date the notice is posted  or
23    left  with  any unknown occupant, the unknown occupants shall
24    be evicted from the premises. If any unknown  occupants  file
25    such  a  petition,  a  hearing  on  the merits of the unknown
26    occupant's petition shall be held by the court within 7  days
27    of  the  filing  of  the petition with the clerk. The unknown
28    occupants shall have the burden of proof  in  establishing  a
29    legal right to continued possession.
30        (c)  The  plaintiff  may obtain a judgment for possession
31    only and not for rent as to any unknown occupants.
32        (d)  Nothing in this Section may be construed  so  as  to
33    vest  any rights to persons who are criminal trespassers, nor
34    may this Section be construed in any way that interferes with
 
SB1934 Engrossed            -5-                LRB9214343RCsb
 1    the ability of law enforcement officials removing persons  or
 2    property from the premises when there is a criminal trespass.

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

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