Rep. Anthony DeLuca
Filed: 3/11/2010
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1 | AMENDMENT TO HOUSE BILL 6257
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2 | AMENDMENT NO. ______. Amend House Bill 6257, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Code of Civil Procedure is amended by | ||||||
6 | changing Section 9-120 as follows: | ||||||
7 | (735 ILCS 5/9-120) | ||||||
8 | Sec. 9-120. Leased premises used in furtherance of a | ||||||
9 | criminal offense;
lease void at option of lessor or assignee. | ||||||
10 | (a) If any lessee or occupant, on one or more occasions, | ||||||
11 | uses or permits the
use of leased premises for the commission | ||||||
12 | of any act that would constitute a
felony or a Class A | ||||||
13 | misdemeanor under the laws of this State, the lease or
rental | ||||||
14 | agreement shall, at the option of the lessor or
the lessor's
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15 | assignee become void, and the owner or lessor shall be entitled | ||||||
16 | to recover
possession of the leased premises as against a |
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1 | tenant holding over after the
expiration of his or her term. | ||||||
2 | All written leases shall include, as an attachment thereto, the | ||||||
3 | following notice in 14 point bold type: "NOTICE TO TENANT | ||||||
4 | REGARDING CRIMINAL CONDUCT: IF ANY LESSEE OR OCCUPANT, ON ONE | ||||||
5 | OR MORE OCCASIONS, USES OR PERMITS THE USE OF LEASED PREMISES | ||||||
6 | FOR THE COMMISSION OF ANY ACT THAT WOULD CONSTITUTE A FELONY OR | ||||||
7 | A CLASS A MISDEMEANOR UNDER THE LAWS OF THIS STATE, THE LEASE | ||||||
8 | OR RENTAL AGREEMENT SHALL, AT THE OPTION OF THE LESSOR OR THE | ||||||
9 | LESSOR'S ASSIGNEE, BECOME VOID, AND THE OWNER OR LESSOR SHALL | ||||||
10 | BE ENTITLED TO RECOVER POSSESSION OF THE LEASED PREMISES AS | ||||||
11 | AGAINST A TENANT HOLDING OVER AFTER THE EXPIRATION OF HIS OR | ||||||
12 | HER TERM.". Further, the notice shall require the lessee to | ||||||
13 | provide a signed and dated acknowledgment that he, she, it, or | ||||||
14 | they have read and understood the contents thereof. | ||||||
15 | (b) The owner or lessor may bring a forcible entry and | ||||||
16 | detainer action, or,
if
the State's Attorney of the county in | ||||||
17 | which the real property is
located or the chief legal officer | ||||||
18 | of the municipality in which the real property is located | ||||||
19 | agrees, assign to that State's Attorney or the chief legal | ||||||
20 | officer the right to bring a forcible
entry and detainer action | ||||||
21 | on behalf of
the owner or lessor, against the lessee and all | ||||||
22 | occupants of the leased
premises. The assignment must be in | ||||||
23 | writing on a form prepared by the State's
Attorney of the | ||||||
24 | county in which the real property is located or the chief legal | ||||||
25 | officer of the municipality in which the real property is | ||||||
26 | located, as applicable . If the owner or
lessor assigns the |
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1 | right to bring a forcible entry and detainer action, the
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2 | assignment shall be limited to those rights and duties up to | ||||||
3 | and including
delivery of the order of eviction to the sheriff | ||||||
4 | for execution. The owner or
lessor shall remain liable for the | ||||||
5 | cost of the eviction whether or not the
right to bring the | ||||||
6 | forcible entry and detainer action has been assigned. | ||||||
7 | (c) A person does not forfeit any part of his or her | ||||||
8 | security deposit due
solely to an eviction under the provisions | ||||||
9 | of this Section, except that a
security deposit may be used to | ||||||
10 | pay fees charged by the sheriff for carrying
out an eviction. | ||||||
11 | (d) If a lessor or the lessor's assignee voids a lease or | ||||||
12 | contract under the
provisions of this Section and the tenant or | ||||||
13 | occupant has not vacated the
premises within 5 days after | ||||||
14 | receipt of a written notice to vacate the
premises, the lessor | ||||||
15 | or lessor's assignee may seek relief under this Article
IX. | ||||||
16 | Notwithstanding Sections 9-112, 9-113, and 9-114
of this Code, | ||||||
17 | judgment for costs against a plaintiff seeking
possession of | ||||||
18 | the premises under this Section shall not be awarded to the
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19 | defendant unless the action was brought by the plaintiff in bad | ||||||
20 | faith. An
action to possess premises under this Section shall | ||||||
21 | not be deemed to be in bad
faith when the plaintiff based his | ||||||
22 | or her cause of action on information
provided to him or her by | ||||||
23 | a law enforcement agency , or the State's Attorney , or the | ||||||
24 | municipality . | ||||||
25 | (e) After a trial, if the court finds, by a
preponderance | ||||||
26 | of the evidence,
that the allegations in the complaint have |
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1 | been proven, the court
shall enter judgment for possession of | ||||||
2 | the premises in favor of the plaintiff
and the court shall | ||||||
3 | order that the plaintiff shall be entitled to re-enter the
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4 | premises immediately. | ||||||
5 | (f) A judgment for
possession of the premises entered in an | ||||||
6 | action brought by a lessor or lessor's
assignee, if the action | ||||||
7 | was brought
as a result of a lessor or lessor's assignee | ||||||
8 | declaring a lease void
pursuant to this Section,
may not be | ||||||
9 | stayed for any period in excess of 7 days by the court unless | ||||||
10 | all
parties agree to a longer period.
Thereafter the plaintiff | ||||||
11 | shall be entitled to re-enter the premises
immediately. The | ||||||
12 | sheriff or other lawfully deputized officers shall execute an
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13 | order entered pursuant to this Section
within 7 days of its | ||||||
14 | entry, or within 7 days of the expiration of
a stay of | ||||||
15 | judgment, if one is entered. | ||||||
16 | (g) Nothing in this Section shall limit the rights of an | ||||||
17 | owner or lessor
to bring a forcible entry and detainer action | ||||||
18 | on the basis of other applicable
law. | ||||||
19 | (Source: P.A. 90-360, eff. 1-1-98.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
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