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Rep. Anthony DeLuca
Filed: 5/19/2009
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LRB096 11147 RLJ 27150 a |
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| AMENDMENT TO SENATE BILL 1783
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| AMENDMENT NO. ______. Amend Senate Bill 1783, AS AMENDED, |
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| by replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Illinois Municipal Code is amended by |
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| adding Section 11-5.4-1 as follows:
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| (65 ILCS 5/11-5.4-1 new)
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| Sec. 11-5.4-1. Landlord regulation. The corporate |
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| authorities of any municipality may regulate landlords, as |
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| defined by the corporate authorities of the municipality, |
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| within that municipality by requiring landlords to make an |
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| addendum to any and all leases to include prohibitions of |
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| criminal activity and eviction for engaging in such activity. |
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| For the purposes of this Section, "criminal activity" |
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| means, but is not limited to: |
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| (i) Disorderly conduct as defined in Section 26-1 of |
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LRB096 11147 RLJ 27150 a |
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| the Criminal Code of 1961. |
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| (ii) Unlawful use of weapons as defined in Section 24-1 |
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| of the Criminal Code of 1961. |
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| (iii) Mob action as defined in Section 25-1 of the |
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| Criminal Code of 1961. |
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| (iv) Aggravated discharge of a firearm as defined in |
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| Sections 24-1.2 and 24-1.2-5 of the Criminal Code of 1961. |
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| (v) Gambling as defined in Section 28-1 of the Criminal |
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| Code of 1961. |
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| (vi) Possession, manufacture, or delivery of a |
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| controlled substance as defined in Section 401 of the |
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| Illinois Controlled Substances Act. |
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| (vii) Assault or battery or any related offense as |
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| defined in Article 12 of the Criminal Code of 1961. |
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| (viii) Criminal sexual abuse or related offenses as |
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| defined in Sections 12-15 and 12-16 of the Criminal Code of |
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| 1961. |
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| (ix) Public indecency as defined in Section 11-9 of the |
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| Criminal Code of 1961. |
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| (x) Prostitution as defined in Section 11-14 of the |
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| Criminal Code of 1961. |
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| (xi) Criminal damage to property as defined in Section |
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| 21-1 of the Criminal Code of 1961. |
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| (xii) Possession, cultivation, manufacture, or |
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| delivery of cannabis as defined in the Cannabis Control |
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| Act. |
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LRB096 11147 RLJ 27150 a |
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| (xiii) Illegal consumption or possession of alcohol as |
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| defined in the Liquor Control Act of 1934. |
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| (xiv) Violation of any municipal ordinance or State of |
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| Illinois statute controlling or regulating the sale or use |
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| of alcoholic beverages.
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| Section 10. The Code of Civil Procedure is amended by |
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| changing Section 9-120 as follows:
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| (735 ILCS 5/9-120)
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| Sec. 9-120.
Leased premises used in furtherance of a |
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| criminal offense;
lease void at option of lessor or assignee.
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| (a) If any lessee or occupant, on one or more occasions, |
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| uses or permits the
use of leased premises for the commission |
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| of any act that would constitute a
felony or a Class A |
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| misdemeanor under the laws of this State, the lease or
rental |
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| agreement shall, at the option of the lessor or
the lessor's
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| assignee become void, and the owner or lessor shall be entitled |
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| to recover
possession of the leased premises as against a |
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| tenant holding over after the
expiration of his or her term. |
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| (a-5) In all actions brought under this Section, no |
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| predicate notice of termination or demand for possession shall |
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| be required to initiate an eviction action. Notice specifying |
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| the alleged violations of the lease to be considered by the |
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| court shall be delivered to the lessee by sending a copy by |
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| certified mail and by posting the notice on the premise.
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| (b) The owner or lessor may bring a forcible entry and |
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| detainer action, or,
if
the State's Attorney of the county in |
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| which the real property is
located agrees, assign to that |
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| State's Attorney the right to bring a forcible
entry and |
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| detainer action on behalf of
the owner or lessor, against the |
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| lessee and all occupants of the leased
premises. The assignment |
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| must be in writing on a form prepared by the State's
Attorney |
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| of the county in which the real property is located. If the |
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| owner or
lessor assigns the right to bring a forcible entry and |
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| detainer action, the
assignment shall be limited to those |
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| rights and duties up to and including
delivery of the order of |
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| eviction to the sheriff for execution. The owner or
lessor |
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| shall remain liable for the cost of the eviction whether or not |
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| the
right to bring the forcible entry and detainer action has |
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| been assigned.
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| (c) A person does not forfeit any part of his or her |
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| security deposit due
solely to an eviction under the provisions |
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| of this Section, except that a
security deposit may be used to |
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| pay fees charged by the sheriff for carrying
out an eviction.
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| (d) If a lessor or the lessor's assignee voids a lease or |
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| contract under the
provisions of this Section and the tenant or |
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| occupant has not vacated the
premises within 5 days after |
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| receipt of a written notice to vacate the
premises, the lessor |
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| or lessor's assignee may seek relief under this Article
IX. |
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| Notwithstanding Sections 9-112, 9-113, and 9-114
of this Code, |
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| judgment for costs against a plaintiff seeking
possession of |
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| the premises under this Section shall not be awarded to the
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| defendant unless the action was brought by the plaintiff in bad |
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| faith. An
action to possess premises under this Section shall |
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| not be deemed to be in bad
faith when the plaintiff based his |
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| or her cause of action on information
provided to him or her by |
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| a law enforcement agency or the State's Attorney.
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| (e) After a trial, if the court finds, by a
preponderance |
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| of the evidence,
that the allegations in the complaint have |
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| been proven or that a default has been proven in any other term |
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| of the lease, the court
shall enter judgment for possession of |
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| the premises in favor of the plaintiff
and the court shall |
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| order that the plaintiff shall be entitled to re-enter the
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| premises immediately.
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| (f) A judgment for
possession of the premises entered in an |
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| action brought by a lessor or lessor's
assignee, if the action |
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| was brought
as a result of a lessor or lessor's assignee |
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| declaring a lease void
pursuant to this Section,
may not be |
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| stayed for any period in excess of 7 days by the court unless |
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| all
parties agree to a longer period.
Thereafter the plaintiff |
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| shall be entitled to re-enter the premises
immediately. The |
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| sheriff or other lawfully deputized officers shall execute an
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| order entered pursuant to this Section
within 7 days of its |
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| entry, or within 7 days of the expiration of
a stay of |
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| judgment, if one is entered.
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| (g) Nothing in this Section shall limit the rights of an |
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| owner or lessor
to bring a forcible entry and detainer action |