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HB0503 Engrossed |
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LRB094 05557 LCB 35606 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by |
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| changing Section 9-118 as follows:
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| (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
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| Sec. 9-118. Emergency housing eviction proceedings.
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| (a) As used in this Section:
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| "Cannabis" has the meaning ascribed to that term in the |
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| Cannabis Control Act.
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| "Narcotics" and "controlled substance" have the meanings |
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| ascribed to those
terms in the Illinois Controlled Substances |
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| Act.
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| (b) This Section applies only if all of the following |
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| conditions are
met:
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| (1) The complaint seeks possession of premises that are
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| owned or managed by a housing authority established under |
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| the Housing
Authorities Act or privately owned and managed.
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| (2) The verified complaint alleges that there is direct
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| evidence of any of the following:
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| (A) unlawful possessing, serving, storing, |
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| manufacturing, cultivating,
delivering, using, |
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| selling, giving away, or
trafficking in cannabis, |
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| narcotics, or controlled substances
within or upon the |
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| premises by or with the knowledge and consent of, or in
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| concert with the person or persons named in the |
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| complaint; or
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| (B) the possession, use, sale, or delivery of a |
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| firearm which is
otherwise prohibited by State law
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| within or upon the premises by or with the
knowledge |
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| and consent of, or in concert with, the person or |
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| persons named in
the complaint; or
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HB0503 Engrossed |
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LRB094 05557 LCB 35606 b |
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| (C) murder, attempted murder, kidnapping, |
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| attempted kidnapping, arson,
attempted arson, |
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| aggravated battery, criminal sexual
assault, attempted |
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| criminal sexual assault, aggravated criminal sexual |
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| assault,
predatory criminal sexual assault of a child, |
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| or criminal sexual abuse, or aggravated criminal |
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| sexual abuse
within or upon the premises by or with the
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| knowledge and consent of, or in concert with, the |
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| person or persons named in
the complaint.
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| (3) Notice by verified complaint setting forth the |
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| relevant facts, and a
demand for possession of the type |
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| specified in Section 9-104 is served on
the tenant or |
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| occupant of the premises at least 14 days before a hearing |
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| on
the complaint is held, and proof of service of the |
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| complaint is submitted
by the plaintiff to the court.
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| (b-5) In all actions brought under this Section 9-118, no |
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| predicate notice
of termination or demand for possession shall |
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| be required to initiate an
eviction action.
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| (c) When a complaint has been filed under this Section, a |
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| hearing on the
complaint shall be scheduled on any day after |
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| the expiration of 14 days
following the filing of the |
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| complaint. The summons shall advise the defendant
that a |
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| hearing on the complaint shall be held at the specified date |
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| and time,
and that the defendant should be prepared to present |
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| any evidence on his or her
behalf at that time.
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| If a plaintiff which is a public housing authority accepts
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| rent from the defendant after an action is initiated under this
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| Section, the acceptance of rent shall not be a cause for |
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| dismissal of the
complaint.
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| (d) If the defendant does not appear at the hearing, |
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| judgment for
possession of the premises in favor of the |
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| plaintiff shall be entered by
default. If the defendant |
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| appears, a trial shall be held immediately as is
prescribed in |
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| other proceedings for possession. The matter shall not be
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| continued beyond 7 days from the date set for the first hearing |
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| on the
complaint except by agreement of both the plaintiff and |
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LRB094 05557 LCB 35606 b |
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| the defendant. After a
trial, if the court finds, by a |
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| preponderance of the evidence, that the
allegations in the |
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| complaint have been proven, the court shall enter judgment
for |
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| possession of the premises in favor of the plaintiff and the |
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| court shall
order that the plaintiff shall be entitled to |
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| re-enter the premises
immediately.
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| (d-5) If cannabis, narcotics, or controlled substances are |
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| found or used
anywhere in the premises, there is a rebuttable |
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| presumption either (1) that the
cannabis,
narcotics, or |
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| controlled substances were used or possessed by a tenant
or |
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| occupant or (2) that a tenant or occupant permitted the |
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| premises to be used
for
that use or possession, and knew or |
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| should have reasonably known that the
substance was used or |
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| possessed.
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| (e) A judgment for possession entered under this Section |
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| may not be
stayed for any period in excess of 7 days by the |
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| court. Thereafter the
plaintiff shall be entitled to re-enter |
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| the premises immediately. The sheriff
or other lawfully |
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| deputized officers shall give priority to service and
execution |
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| of orders entered under this Section over other possession |
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| orders.
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| (f) This Section shall not be construed to prohibit the use |
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| or possession
of cannabis, narcotics, or a controlled substance |
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| that has been legally
obtained in accordance with a valid |
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| prescription for the personal use of a
lawful occupant of a |
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| dwelling unit.
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| (Source: P.A. 90-557, eff. 6-1-98; 90-768, eff. 8-14-98; |
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| 91-504, eff. 8-13-99.)
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