Bill Status of HB5395  98th General Assembly

Short Description:  CIV PRO-EVICTIONS:WEATHER STAY

House Sponsors
Rep. Monique D. Davis - Robert Rita - Anthony DeLuca, Charles E. Jefferson, Lawrence M. Walsh, Jr., Jerry F. Costello, II, Katherine Cloonen, Brandon W. Phelps and Patrick J. Verschoore

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

Statutes Amended In Order of Appearance
735 ILCS 5/9-122 new


Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that weather conditions may not be used as a factor in staying the enforcement of a judgment for possession of residential premises or delaying the execution of a judgment for possession of residential premises unless an occupant of the premises is under the age of 12 or over the age of 65.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Provides that notwithstanding any other provision of law, in a municipality with a population of 500,000 or more, the following apply: (1) the number of motions a tenant may file to stay the enforcement of an order for possession is limited to 2; (2) the sheriff shall evict the tenant within 30 days from either the date the order for possession is entered by the judge, the date the judge denies a petition for a stay of enforcement, or the date a stay of enforcement ceases to be effective; and (3) if the sheriff does not evict the tenant within the specified timeframe, the plaintiff is authorized to utilize a third party, including, but not limited to, the local police, to execute the order for possession.

House Floor Amendment No. 2
Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Provides that notwithstanding any other provision of law, in a county with a population of 3,000,000 or more, the following apply: (1) the number of motions a tenant may file to stay the enforcement of an order for possession is limited to 2; (2) the sheriff shall evict the tenant within 45 days from either the expiration of the stay of enforcement of the order for possession is entered by the court, the date the court denies a petition for a stay of enforcement, or the date a stay of enforcement ceases to be effective; and (3) if the sheriff does not evict the tenant within the specified timeframe, a peace officer is authorized to execute the order for possession.

Actions 
DateChamber Action
  2/10/2014HouseFiled with the Clerk by Rep. Monique D. Davis
  2/11/2014HouseFirst Reading
  2/11/2014HouseReferred to Rules Committee
  3/13/2014HouseAssigned to Judiciary
  3/13/2014HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Monique D. Davis
  3/13/2014HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/19/2014HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  3/24/2014HouseChief Sponsor Changed to Rep. Daniel V. Beiser
  3/24/2014HouseAdded Chief Co-Sponsor Rep. Robert Rita
  3/24/2014HouseAdded Chief Co-Sponsor Rep. Anthony DeLuca
  3/24/2014HouseAdded Chief Co-Sponsor Rep. Monique D. Davis
  3/24/2014HouseAdded Chief Co-Sponsor Rep. William Davis
  3/24/2014HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
  3/24/2014HouseDo Pass as Amended / Short Debate Judiciary; 014-000-000
  3/25/2014HousePlaced on Calendar 2nd Reading - Short Debate
  3/27/2014HouseAdded Co-Sponsor Rep. Derrick Smith
  3/27/2014HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  3/27/2014HouseAdded Co-Sponsor Rep. Lawrence M. Walsh, Jr.
  3/27/2014HouseAdded Co-Sponsor Rep. Jerry F. Costello, II
  3/27/2014HouseAdded Co-Sponsor Rep. Katherine Cloonen
  3/27/2014HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  3/27/2014HouseAdded Co-Sponsor Rep. Patrick J. Verschoore
  4/7/2014HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Daniel V. Beiser
  4/7/2014HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/7/2014HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary
  4/8/2014HouseChief Sponsor Changed to Rep. Monique D. Davis
  4/8/2014HouseRemove Chief Co-Sponsor Rep. Monique D. Davis
  4/8/2014HouseRemoved Co-Sponsor Rep. Derrick Smith
  4/9/2014HouseSecond Reading - Short Debate
  4/9/2014HouseHeld on Calendar Order of Second Reading - Short Debate
  4/9/2014HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary; 009-007-000
  4/10/2014HouseHouse Floor Amendment No. 2 Adopted
  4/10/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/10/2014HouseRemove Chief Co-Sponsor Rep. William Davis
  4/11/2014HouseRule 19(a) / Re-referred to Rules Committee
  5/5/2014HouseApproved for Consideration Rules Committee; 003-000-000
  5/5/2014HouseFinal Action Deadline Extended-9(b) May 31, 2014
  5/6/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/15/2014HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Monique D. Davis
  5/15/2014HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/19/2014HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary
  5/20/2014HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary; 010-005-000
  5/21/2014HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  5/21/2014HouseRemoved Co-Sponsor Rep. Linda Chapa LaVia
  5/31/2014HouseRule 19(a) / Re-referred to Rules Committee
  12/3/2014HouseSession Sine Die