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| 1 | AMENDMENT TO HOUSE BILL 5395
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| 2 | AMENDMENT NO. ______. Amend House Bill 5395, 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 | adding Section 9-122 as follows: | ||||||
| 7 | (735 ILCS 5/9-122 new) | ||||||
| 8 | Sec. 9-122. Judgment for possession; enforcement. | ||||||
| 9 | Notwithstanding any other provision of law, in a county with a | ||||||
| 10 | population of 3,000,000 or more, the following apply: | ||||||
| 11 | (1) The number of motions a tenant may file to stay the | ||||||
| 12 | enforcement of an order for possession is limited to 2, | ||||||
| 13 | unless good cause for an additional stay is shown by | ||||||
| 14 | written motion filed with the court and served upon the | ||||||
| 15 | plaintiff. | ||||||
| 16 | (2) The sheriff shall evict the tenant within 45 days | ||||||
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| 1 | from the date of expiration of the stay of enforcement of | ||||||
| 2 | the order for possession entered by the court. If a motion | ||||||
| 3 | for stay of enforcement of an order for possession is filed | ||||||
| 4 | and denied by the court, the sheriff shall evict the tenant | ||||||
| 5 | within 45 days of the denial. If a stay of the enforcement | ||||||
| 6 | of an order of possession is granted, the sheriff shall | ||||||
| 7 | evict the tenant within 45 days from the date of the | ||||||
| 8 | expiration of the stay of enforcement of the order for | ||||||
| 9 | possession. | ||||||
| 10 | (3) If the sheriff does not evict the tenant within the | ||||||
| 11 | time specified by paragraph (2) of this Section, a peace | ||||||
| 12 | officer, as that term is defined in Section 2-13 of the | ||||||
| 13 | Criminal Code of 2012, is authorized to execute the order | ||||||
| 14 | for possession.".
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