HB1532ham001 98TH GENERAL ASSEMBLY

Rep. Anthony DeLuca

Filed: 3/19/2013

09800HB1532ham001 LRB098 02803 HEP 43464 a

AMENDMENT TO HOUSE BILL 1532

AMENDMENT NO. ______. Amend House Bill 1532 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by adding Section 9-120.5 as follows:

(735 ILCS 5/9-120.5 new)

Sec. 9-120.5. Offensive use of property.

(a) As used in this Section, "offensive use of property" means the repeated use of leased premises in a manner that disturbs the peace or is detrimental to the health and safety of the neighbors of the premises. To qualify as offensive use of property, all of the following conditions must exist:

(1) on 3 or more separate occasions within a 60-day period, an act is committed on the property which is:

(A) a felony or a Class A misdemeanor;

(B) a violation of subsection (a)(1) of Section 26-1 of the Criminal Code of 2012; or

(C) a violation of a public order regulation adopted under Section 11-5-1, 11-5-2, or 11-5-10 of the Illinois Municipal Code;

(2) a lessee or his or her guest used the premises, permitted the premises to be used, or knew or should have known that the premises would be used in the commission of the act; and

(3) on each occasion, an arrest was made or a citation was issued for the commission of the act.

(b) If the standard for offensive use of property has been met, then the tenancy may be terminated and the owner, lessor, or agent shall be entitled to bring a forcible entry and detainer action under this Section.

(c) If an owner, lessor, or agent terminates a tenancy under this Section, the owner, lessor, or agent shall be required to deliver a 5-day notice to quit to the lessee, specifying the alleged acts and the date of occurrence for each.

(d) A hearing shall be held not more than 14 days after filing of the forcible entry and detainer action. If the court finds that the standard for offensive use of property has been met, it shall enter judgment for possession of the premises in favor of the plaintiff. The plaintiff shall be entitled to re-enter the premises immediately, or no later than within 7 days of the entry of the judgment for possession of the premises if the court determines such a stay is appropriate to preserve the peace.

(e) The court may stay a judgment for possession for up to 6 months, provided:

(1) all parties agree to the stay;

(2) the court determines the lessee is willing and able to prevent the offensive use of the property from continuing; and

(3) none of the qualifying acts were of a violent nature.

The stay shall be lifted and judgment for possession shall be enforced if, prior to the expiration of the stay, the plaintiff petitions the court to terminate the stay. The judgment for possession shall otherwise be automatically vacated at the end of the period of the stay. Upon the lifting of the stay, the plaintiff shall be entitled to re-enter the premises immediately.

(f) The sheriff or other lawfully deputized officer shall execute an order under this Section within 7 days of its entry or within 7 days of the expiration of a stay of judgment.

(g) Nothing in this Section shall limit the rights of an owner, lessor, or agent to bring a forcible entry and detainer action on the basis of other applicable law.

(h) The governmental agencies in whose jurisdiction the leased premises are located shall provide the owner, lessor, or agent with the information reasonably necessary to substantiate the required elements of an action filed under this Section. A municipality or other governmental entity may not require an owner, lessor, or agent to bring a forcible entry and detainer action under this Section or impose a penalty on the owner, lessor, or agent for failure to evict when notification is made.

(i) A tenant or occupant may not be the subject of a forcible detainer under this Section in conjunction with a qualifying act in which that tenant or occupant is the victim of domestic violence, dating violence, sexual assault, or stalking.".