Bill Status of HB1532  98th General Assembly

Short Description:  CIV PRO-OFFENSIVE PROPERTY USE

House Sponsors
Rep. Anthony DeLuca - John M. Cabello - Thaddeus Jones

Senate Sponsors
(Sen. Thomas Cullerton)

Last Action
DateChamber Action
  12/3/2014HouseSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/9-120.5 new


Synopsis As Introduced
Amends the Code of Civil Procedure. Defines "offensive use of property" as 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. Provides that in order 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 in violation of a State or municipal law intended to preserve the peace or to protect health and safety; (2) a lessee or his or her guest used, 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. Provides that 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. Contains provisions concerning procedure for terminating the lease and re-entering the premise. Provides that nothing in the new provisions 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. Provides that governmental agencies shall provide the owner, lessor, or agent with the information reasonably necessary to substantiate the required elements of offensive use of property, but that a governmental entity may not require an owner, lessor, or agent to bring a forcible entry and detainer action under the new provisions or impose a penalty on the owner, lessor, or agent for failure to evict when notification is made. Provides that a tenant or occupant may not be the subject of a forcible detainer under the new provisions in conjunction with a qualifying act in which that tenant or occupant is the victim of domestic violence, dating violence, sexual assault, or stalking.

House Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the introduced bill, but makes the following changes: (i) changes the types of offenses included in the definition of "offensive use of property"; (ii) provides that a prevailing plaintiff shall be entitled to re-enter the premises no later than 7 days of entry of the judgment for possession; and (iii) provides that the court may stay a judgment for possession for up to 6 months if certain conditions are met.

House Floor Amendment No. 2
Provides that the required notice shall be in a specified form, shall be signed by the owner, lessor, or agent, and that no other notice or demand of possession or termination of the tenancy is necessary. Provides that before a stay can be lifted, the court must find that, subsequent to the issuance of the stay, an act has been committed on the property which qualifies as offensive use of property.

Actions 
DateChamber Action
  2/8/2013HouseFiled with the Clerk by Rep. Anthony DeLuca
  2/13/2013HouseFirst Reading
  2/13/2013HouseReferred to Rules Committee
  2/19/2013HouseAssigned to Judiciary
  2/27/2013HouseMotion Do Pass - Lost Judiciary; 005-008-000
  2/27/2013HouseRemains in Judiciary
  3/19/2013HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Anthony DeLuca
  3/19/2013HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/20/2013HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  3/21/2013HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
  3/21/2013HouseDo Pass as Amended / Short Debate Judiciary; 010-005-000
  3/21/2013HousePlaced on Calendar 2nd Reading - Short Debate
  4/9/2013HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Anthony DeLuca
  4/9/2013HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/10/2013HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  4/10/2013HouseSecond Reading - Short Debate
  4/10/2013HouseHouse Floor Amendment No. 2 Adopted
  4/10/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/17/2013HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Anthony DeLuca
  4/17/2013HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/18/2013HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  4/18/2013HouseRecalled to Second Reading - Short Debate
  4/18/2013HouseHouse Floor Amendment No. 3 Withdrawn by Rep. Anthony DeLuca
  4/18/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/19/2013HouseRule 19(a) / Re-referred to Rules Committee
  3/4/2014HouseApproved for Consideration Rules Committee; 003-000-000
  3/4/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/19/2014HouseThird Reading - Short Debate - Passed 075-030-000
  3/19/2014HouseAdded Chief Co-Sponsor Rep. John M. Cabello
  3/19/2014HouseAdded Chief Co-Sponsor Rep. Thaddeus Jones
  3/20/2014SenateArrive in Senate
  3/20/2014SenatePlaced on Calendar Order of First Reading
  3/20/2014SenateChief Senate Sponsor Sen. Thomas Cullerton
  3/20/2014SenateFirst Reading
  3/20/2014SenateReferred to Assignments
  5/1/2014SenateAssigned to Judiciary
  5/13/2014SenateDo Pass Judiciary; 008-001-002
  5/13/2014SenatePlaced on Calendar Order of 2nd Reading May 14, 2014
  5/21/2014SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Thomas Cullerton
  5/21/2014SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/21/2014SenateSecond Reading
  5/21/2014SenatePlaced on Calendar Order of 3rd Reading May 22, 2014
  5/21/2014SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  5/23/2014SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 009-000-000
  5/23/2014SenateRule 2-10 Committee/3rd Reading Deadline Established As May 31, 2014
  7/1/2014SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  7/1/2014SenateSenate Floor Amendment No. 1 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b)
  12/3/2014HouseSession Sine Die