Public Act 90-0557 of the 90th General Assembly
Public Act 90-0557
HB2030 Re-Enrolled LRB9004977SMcw
AN ACT to amend the Code of Civil Procedure by changing
Sections 2-202 and 9-118 and by adding Sections 9-109.5 and
9-109.7.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Sections 2-202 and 9-118 and by adding Sections
9-109.5 and 9-109.7 as follows:
(735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
Sec. 2-202. Persons authorized to serve process; Place of
service; Failure to make return.
(a) Process shall be served by a sheriff, or if the
sheriff is disqualified, by a coroner of some county of the
State. A sheriff of a county with a population of less than
1,000,000 may employ civilian personnel to serve process. In
counties with a population of less than 1,000,000, process
may be served, without special appointment, by a person who
is licensed or registered as a private detective under the
Private Detective, Private Alarm and Private Security Act of
1983 or by a registered employee of a private detective
agency certified under that Act. A private detective or
licensed employee must supply the sheriff of any county in
which he serves process with a copy of his license or
certificate; however, the failure of a person to supply the
copy shall not in any way impair the validity of process
served by the person. The court may, in its discretion upon
motion, order service to be made by a private person over 18
years of age and not a party to the action. It is not
necessary that service be made by a sheriff or coroner of the
county in which service is made. If served or sought to be
served by a sheriff or coroner, he or she shall endorse his
or her return thereon, and if by a private person the return
shall be by affidavit.
(b) Summons may be served upon the defendants wherever
they may be found in the State, by any person authorized to
serve process. An officer may serve summons in his or her
official capacity outside his or her county, but fees for
mileage outside the county of the officer cannot be taxed as
costs. The person serving the process in a foreign county may
make return by mail.
(c) If any sheriff, coroner, or other person to whom any
process is delivered, neglects or refuses to make return of
the same, the plaintiff may petition the court to enter a
rule requiring the sheriff, coroner, or other person, to make
return of the process on a day to be fixed by the court, or
to show cause on that day why that person should not be
attached for contempt of the court. The plaintiff shall then
cause a written notice of the rule to be served on the
sheriff, coroner, or other person. If good and sufficient
cause be not shown to excuse the officer or other person, the
court shall adjudge him or her guilty of a contempt, and
shall impose punishment as in other cases of contempt.
(d) If process is served by a sheriff or coroner, the
court may tax the fee of the sheriff or coroner as costs in
the proceeding. If process is served by a private person or
entity, the court may establish a fee therefor and tax such
fee as costs in the proceedings.
(e) In addition to the powers stated in Section 8.1a of
the Housing Authorities Act, in counties with a population of
3,000,000 or more inhabitants, members of a housing authority
police force may serve process for forcible entry and
detainer actions commenced by that housing authority and may
execute orders of possession for that housing authority.
(f) In counties with a population of 3,000,000 or more,
process may be served, with special appointment by the court,
by a private process server or a law enforcement agency other
than the county sheriff in proceedings instituted under the
Forcible Entry and Detainer Article of this Code as a result
of a lessor or lessor's assignee declaring a lease void
pursuant to Section 11 of the Controlled Substance and
Cannabis Nuisance Act.
(Source: P.A. 89-594, eff. 8-1-96.)
(735 ILCS 5/9-109.5 new)
Sec. 9-109.5. Standard of Proof. After a trial, if the
court finds, by a preponderance of the evidence, that the
allegations in the complaint have been proven, the court
shall enter judgment for possession of the premises in favor
of the plaintiff.
(735 ILCS 5/9-109.7 new)
Sec. 9-109.7. Stay of enforcement; drug related action. A
judgment for possession of the premises entered in an action
brought by a lessor or lessor's assignee, if the action was
brought as a result of a lessor or lessor's assignee
declaring a lease void pursuant to Section 11 of the
Controlled Substance and Cannabis Nuisance Act, may not be
stayed for any period in excess of 7 days by the court.
Thereafter the plaintiff shall be entitled to re-enter the
premises immediately. The sheriff or other lawfully deputized
officers shall execute an order entered pursuant to this
Section within 7 days of its entry, or within 7 days of the
expiration of a stay of judgment, if one is entered.
(735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
Sec. 9-118. Emergency public housing eviction
proceedings.
(a) As used in this Section:
"Cannabis" has the meaning ascribed to that term in the
Cannabis Control Act.
"Narcotics" and "controlled substance" have the meanings
ascribed to those terms in the Illinois Controlled Substances
Act.
(b) This Section applies only if all of the following
conditions are met:
(1) The complaint seeks possession of premises that
are owned or managed by a housing authority established
under the Housing Authorities Act or privately owned and
managed.
(2) The verified complaint alleges that there is
direct evidence of either of the following:
(A) unlawful possessing, serving, storing,
manufacturing, cultivating, delivering, using,
selling, giving away, or trafficking in cannabis,
narcotics, or controlled substances within or upon
the premises by or with the knowledge and consent
of, or in concert with the person or persons named
in the complaint; or
(B) the possession, use, sale, or delivery of
a firearm which is otherwise prohibited by State law
within or upon the premises by or with the knowledge
and consent of, or in concert with, the person or
persons named in the complaint.
(3) Notice by verified complaint setting forth the
relevant facts, and a demand for possession of the type
specified in Section 9-104 is served on the tenant or
occupant of the premises at least 14 days before a
hearing on the complaint is held, and proof of service of
the complaint is submitted by the plaintiff to the court.
(c) When a complaint has been filed under this Section,
a hearing on the complaint shall be scheduled on any day
after the expiration of 14 days following the filing of the
complaint. The summons shall advise the defendant that a
hearing on the complaint shall be held at the specified date
and time, and that the defendant should be prepared to
present any evidence on his or her behalf at that time.
(d) If the defendant does not appear at the hearing,
judgment for possession of the premises in favor of the
plaintiff shall be entered by default. If the defendant
appears, a trial shall be held immediately as is prescribed
in other proceedings for possession. The matter shall not be
continued beyond 7 days from the date set for the first
hearing on the complaint except by agreement of both the
plaintiff and the defendant. After a trial, if the court
finds, by a preponderance of the evidence, that the
allegations in the complaint have been proven, the court
shall enter judgment for possession of the premises in favor
of the plaintiff and the court shall order that the plaintiff
shall be entitled to re-enter the premises immediately.
(d-5) If cannabis, narcotics, or controlled substances
are found or used anywhere in the premises, there is a
rebuttable presumption either (1) that the cannabis,
narcotics, or controlled substances were used or possessed by
a tenant or occupant or (2) that a tenant or occupant
permitted the premises to be used for that use or possession,
and knew or should have reasonably known that the substance
was used or possessed.
(e) A judgment for possession entered under this Section
may not be stayed for any period in excess of 7 days by the
court. Thereafter the plaintiff shall be entitled to
re-enter the premises immediately. The sheriff or other
lawfully deputized officers shall give priority to service
and execution of orders entered under this Section over other
possession orders.
(f) This Section shall not be construed to prohibit the
use or possession of cannabis, narcotics, or a controlled
substance that has been legally obtained in accordance with a
valid prescription for the personal use of a lawful occupant
of a dwelling unit.
(Source: P.A. 87-933; 88-587, eff. 1-1-95.)