96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1596


 
Introduced 2/19/2009, by Sen. Dave Syverson
 
SYNOPSIS AS INTRODUCED:
 		








  



735 ILCS 5/9-107.5









    Amends the Code of Civil Procedure in relation to forcible entry and detainer actions. In connection with service of process on an unknown occupant and the ability of law enforcement officials to remove persons or property from
the
premises when there is a criminal trespass, provides that any person asserting a right to possession of the premises must produce evidence to law enforcement officials that he or she is in legal possession. Provides that this evidence may include a lease agreement, receipts for payment of rent, or other documentation that demonstrates that the person claiming a right to possession does so with the knowledge and consent of the property owner.
















LRB096 07586 AJO 17681 b

















 


 


A BILL FOR









 











SB1596

LRB096 07586 AJO 17681 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 9-107.5 as follows:
 



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    (735 ILCS 5/9-107.5)



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    Sec. 9-107.5. Notice to unknown occupants. 

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    (a) Service of process upon an
unknown
occupant may be had 
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by delivering a copy of the summons and complaint naming

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"unknown occupants" to the tenant or any unknown occupant or 
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person of the age
of 13
or upwards occupying the premises.

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    (b) If unknown occupants are not named in the initial

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summons
and complaint and a judgment for possession in favor of 
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the plaintiff is
entered, but the
order does not include 
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unknown occupants and the sheriff determines
when
executing the 
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judgment for possession that persons not included in the
order 
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are
in possession of the premises, then the sheriff shall leave 
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with a person of
the age of 13
years or upwards occupying the 
19
premises, a copy of the order, or
if no one is present in the 
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premises to accept the order or refuses
to accept
the order, 
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then by posting a copy of the order on the
premises. In

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addition to leaving a copy of the order or posting of the

23
order, the
sheriff shall also
leave or post a notice addressed 
 


 






SB1596
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LRB096 07586 AJO 17681 b




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to "unknown occupants" that states unless any
unknown
occupants 
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file a written petition with the clerk that sets forth the 
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unknown
occupant's
legal claim for possession within 7 days of 
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the date the notice is posted or
left with any
unknown 
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occupant, the unknown occupants shall be evicted from the 
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premises. If
any
unknown occupants file such a petition, a 
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hearing on the merits of the unknown
occupant's
petition shall 
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be held by the court within 7 days of the filing of the 
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petition
with the clerk.
The unknown occupants shall have the 
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burden of proof in establishing a legal
right to
continued 
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possession.

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    (c) The plaintiff may obtain a judgment for possession only 
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and not for rent
as
to any
unknown occupants.

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    (d) Nothing in this Section may be construed so as to vest 
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any rights to
persons
who are criminal trespassers, nor may 
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this Section be construed in any way
that interferes
with the 
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ability of law enforcement officials removing persons or 
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property from
the
premises when there is a criminal trespass. 
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Any person asserting a right to possession of the premises must 
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produce evidence to law enforcement officials that he or she is 
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in legal possession. Evidence may include a lease agreement, 
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receipts for payment of rent, or other documentation that 
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demonstrates that the person claiming a right to possession 
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does so with the knowledge and consent of the property owner. 

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(Source: P.A. 92-823, eff. 8-21-02.)