Sen. Thomas Cullerton

Filed: 5/21/2014





09800HB1532sam001LRB098 02803 HEP 59899 a


2    AMENDMENT NO. ______. Amend House Bill 1532 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Civil Procedure is amended by
5adding Section 9-120.5 as follows:
6    (735 ILCS 5/9-120.5 new)
7    Sec. 9-120.5. Offensive use of property.
8    (a) As used in this Section, "offensive use of property"
9means the repeated use of leased premises in a manner that
10disturbs the peace or is detrimental to the health and safety
11of the neighbors of the premises. To qualify as offensive use
12of property, all of the following conditions must exist:
13        (1) on 3 or more separate occasions within a 60-day
14    period, an act is committed on the property which is:
15            (A) a felony or a Class A misdemeanor;
16            (B) a violation of subsection (a)(1) of Section



09800HB1532sam001- 2 -LRB098 02803 HEP 59899 a

1        26-1 of the Criminal Code of 2012; or
2            (C) a violation of a public order regulation
3        adopted under Section 11-5-1, 11-5-2, or 11-5-10 of the
4        Illinois Municipal Code;
5        (2) a lessee or his or her guest used the premises,
6    permitted the premises to be used, or knew or should have
7    known that the premises would be used in the commission of
8    the act; and
9        (3) on each occasion, a criminal charge or a complaint
10    or notice alleging an ordinance violation was filed or
11    issued for the commission of the act.
12    (b) If a lessee, occupant, or any person lawfully upon the
13property calls the police for assistance and as a result of
14that call a criminal charge or citation is issued, any such
15charge or citation shall not constitute a qualifying act for
16purposes of this Section.
17    (c) A tenant or occupant may not be the subject of a
18forcible detainer under this Section in conjunction with a
19qualifying act in which that tenant or occupant is the victim
20of domestic violence, dating violence, sexual assault, or
22    (d) If the standard for offensive use of property has been
23met, then the tenancy may be terminated and the owner, lessor,
24or agent shall be entitled to bring a forcible entry and
25detainer action under this Section.
26    (e) If an owner, lessor, or agent terminates a tenancy



09800HB1532sam001- 3 -LRB098 02803 HEP 59899 a

1under this Section, the owner, lessor, or agent shall be
2required to deliver a 5-day notice to quit to the lessee,
3specifying the alleged acts and the date of occurrence for
4each. The notice shall be substantially in the following form:
5        "To .........(names of tenants) and all other unknown
6    occupants. Because of the repeated use of the residence you
7    rent at ............ (location of the premises) in a manner
8    that disturbs your neighbors or threatens the health and
9    safety of your neighbors, I have chosen to terminate your
10    right to remain in the property. The specific acts, which
11    took place in a 60-day period and resulted in a criminal
12    charge or a complaint or notice alleging an ordinance
13    violation, are: ................. (insert the alleged acts
14    and the date of occurrence for each). You are hereby
15    notified to return possession of your residence to me
16    within 5 days of this date ............ (date of delivery
17    of notice).
18        Any person identified in this notice who, because of an
19    act listed in this notice, is a victim of domestic
20    violence, dating violence, sexual assault, or stalking may
21    present the court documentation to defend the victim's
22    right to retain possession of the residence. Documentation
23    may include, but is not limited to, medical, court, or
24    police records documenting the violence or a statement from
25    either an employee of a victim service organization or a
26    medical professional from whom the victim sought services.



09800HB1532sam001- 4 -LRB098 02803 HEP 59899 a

1        This demand is being made pursuant to Illinois law
2    (Section 9-120.5 of the Code of Civil Procedure, 735 ILCS
3    5/9-120.5, which can be found online for further
4    information)."
5    The notice shall be signed by the owner, lessor, or agent.
6No other notice or demand of possession or termination of the
7tenancy is necessary.
8    (f) A hearing shall be held not more than 14 days after
9filing of the forcible entry and detainer action. If the court
10finds that the standard for offensive use of property has been
11met, it shall enter judgment for possession of the premises in
12favor of the plaintiff. The plaintiff shall be entitled to
13re-enter the premises immediately, or no later than within 7
14days of the entry of the judgment for possession of the
15premises if the court determines such a stay is appropriate to
16preserve the peace.
17    (g) The court may stay a judgment for possession for up to
186 months, provided:
19        (1) all parties agree to the stay;
20        (2) the court determines the lessee is willing and able
21    to prevent the offensive use of the property from
22    continuing; and
23        (3) none of the qualifying acts were of a violent
24    nature.
25    The stay shall be lifted and judgment for possession shall
26be enforced if, prior to the expiration of the stay, the



09800HB1532sam001- 5 -LRB098 02803 HEP 59899 a

1plaintiff petitions the court to terminate the stay and the
2court finds that, subsequent to the issuance of the stay, an
3act has been committed on the property which qualifies as
4offensive use of property under subsection (a) of this Section.
5The judgment for possession shall otherwise be automatically
6vacated at the end of the period of the stay. Upon the lifting
7of the stay, the plaintiff shall be entitled to re-enter the
8premises immediately.
9    (h) The sheriff or other lawfully deputized officer shall
10execute an order under this Section within 7 days of its entry
11or within 7 days of the expiration of a stay of judgment.
12    (i) Nothing in this Section shall limit the rights of an
13owner, lessor, or agent to bring a forcible entry and detainer
14action on the basis of other applicable law.
15    (j) The governmental agencies in whose jurisdiction the
16leased premises are located shall provide the owner, lessor, or
17agent with the information reasonably necessary to
18substantiate the required elements of an action filed under
19this Section. A municipality or other governmental entity may
20not require an owner, lessor, or agent to bring a forcible
21entry and detainer action under this Section or impose a
22penalty on the owner, lessor, or agent for failure to evict
23when notification is made.".