SB0758sam001 100TH GENERAL ASSEMBLY

Sen. Jason A. Barickman

Filed: 2/22/2017

10000SB0758sam001 LRB100 06944 HEP 22019 a

AMENDMENT TO SENATE BILL 758

AMENDMENT NO. ______. Amend Senate Bill 758 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by changing Section 9-211 as follows:

(735 ILCS 5/9-211) (from Ch. 110, par. 9-211)

Sec. 9-211. Service of demand or notice.

(a) Except as provided in subsection (b), any Any demand may be made or notice served by delivering a written or printed, or partly written and printed, copy thereof to the tenant, or by leaving the same with some person of the age of 13 years or upwards, residing on or in possession of the premises; or by sending a copy of the notice to the tenant by certified or registered mail, with a returned receipt from the addressee; and in case no one is in the actual possession of the premises, then by posting the same on the premises.

(b) If the landlord is unable to obtain service of the demand as provided in subsection (a), then the landlord or his or her agent or attorney may file an affidavit stating that the tenant or unknown occupant is not a resident of this State, or has departed from this State, or on due inquiry cannot be found, or is concealed within this State so that the demand cannot be served upon him or her, and also stating the place of residence of the tenant or unknown occupant, if known, or if not known, that upon diligent inquiry the affiant has not been able to ascertain the place of residence of the tenant or unknown occupant, then in all such forcible detainer cases whether or not a claim for rent is joined with the complaint for possession, the tenant or unknown occupant may be notified of the demand by posting and mailing of notices; or by publication and mailing, as provided for in Section 2-206 of this Code. However, if the tenant or unknown occupant is notified of the demand by posting and mailing of notices or by publication and mailing, and the tenant or unknown occupant does not appear generally, the court may rule only on the portion of the complaint which seeks judgment for possession, and the court shall not enter judgment as to any rent claim joined in the complaint or enter personal judgment for any amount owed by a unit owner for his or her proportionate share of the common expenses; however, an in rem judgment may be entered against the unit for the amount of common expenses due, any other expenses lawfully agreed upon or the amount of any unpaid fine, together with reasonable attorney's fees, if any, and costs. The claim for rent may remain pending until such time as the tenant or unknown occupant appears generally or is served with summons, but the order for possession shall be final, enforceable, and appealable if the court makes an express written finding that there is no just reason for delaying enforcement or appeal, as provided by Supreme Court rule of this State.

The sheriff shall post 3 copies of the demand in 3 public places in the neighborhood of the court where the cause is to be tried, at least 10 days prior to the filing of the action, and, if the place of residence of the tenant or unknown occupant is stated in any affidavit on file, shall at the same time mail one copy of the demand addressed to the tenant or unknown occupant at the place of residence shown in the affidavit. On or before the day set for the appearance, the sheriff shall file the demand with an endorsement thereon stating the time when and places where the sheriff posted and to whom and at what address he or she mailed a copy of the demand as required by this Section. For want of sufficient notice of the demand any cause may be continued from time to time until the demand has been served upon the tenant or unknown occupant.

(Source: P.A. 83-355.)".