HB0438 96TH GENERAL ASSEMBLY

LRB096 04737 RLC 14800 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0438

Introduced 2/4/2009, by Rep. Fred Crespo

SYNOPSIS AS INTRODUCED:

705 ILCS 405/5-760 new
735 ILCS 5/9-120

Amends the Juvenile Court Act of 1987. Provides that if a minor is found to be a delinquent minor by reason of the commission of a gang-related offense, and the court finds that the minor is a first-time offender and orders that a parent, guardian, or legal custodian retain custody of that minor, the court may order the parent, guardian, or legal custodian to attend antigang violence parenting classes. Provides that the Department of Children and Family Services shall establish curriculum for the antigang violence parenting classes. Provides that the father, mother, spouse, or other person liable for the support of the minor, the estate of that person, and the estate of the minor shall be liable for the cost of classes, unless the court finds that the person or estate does not have the financial ability to pay. Amends the Code of Civil Procedure. Provides that if any lessee or occupant, on one or more occasions, uses or permits the use of leased premises for the commission of any act that would constitute a violation of the Firearm Owners Identification Card Act or the Deadly Weapons Article of the Criminal Code of 1961 or of any municipal or county ordinance relating to the registration, acquisition, carrying, possession, or use of firearms, firearm attachments, or firearm ammunition, and the owner or lessor does not bring or assign the State's Attorney to bring an action for forcible entry and detainer to recover possession of the leased premises, the State's Attorney shall bring such action on behalf of the owner or lessor without the consent of the owner or lessor.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning violence prevention.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Juvenile Court Act of 1987 is amended by adding Section 5-760 as follows:

(705 ILCS 405/5-760 new)

Sec. 5-760. Antigang violence parenting classes.

(a) If a minor is found to be a delinquent minor by reason of the commission of a gang-related offense, and the court finds that the minor is a first-time offender and orders that a parent, guardian, or legal custodian retain custody of that minor, the court may order the parent, guardian, or legal custodian to attend antigang violence parenting classes.

(b) The Department of Children and Family Services shall establish curriculum for the antigang violence parenting classes required under this Section, including, but not limited to, all of the following criteria:

(1) A meeting in which the families of innocent victims of gang violence share their experience.

(2) A meeting in which the surviving parents of a deceased gang member share their experience.

(3) How to identify gang and drug activity in children.

(4) How to communicate effectively with adolescents.

(5) An overview of pertinent support agencies and organizations for intervention, education, job training, and positive recreational activities, including telephone numbers, locations, and contact names of those agencies and organizations.

(6) The potential fines and periods of incarceration for the commission of additional gang-related offenses.

(7) The potential penalties that may be imposed upon parents for aiding and abetting crimes committed by their children.

(c) The father, mother, spouse, or other person liable for the support of the minor, the estate of that person, and the estate of the minor shall be liable for the cost of classes ordered under this Section, unless the court finds that the person or estate does not have the financial ability to pay. In evaluating financial ability to pay, the court shall take into consideration the combined household income, the necessary obligations of the household, the number of persons dependent upon this income, and whether reduced monthly payments would obviate the need to waive liability for the full costs.

(d) For purposes of this Section, "gang-related" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

Section 10. The Code of Civil Procedure is amended by changing Section 9-120 as follows:

(735 ILCS 5/9-120)

Sec. 9-120. Leased premises used in furtherance of a criminal offense; lease void at option of lessor or assignee.

(a) If any lessee or occupant, on one or more occasions, uses or permits the use of leased premises for the commission of any act that would constitute a felony or a Class A misdemeanor under the laws of this State, the lease or rental agreement shall, at the option of the lessor or the lessor's assignee become void, and the owner or lessor shall be entitled to recover possession of the leased premises as against a tenant holding over after the expiration of his or her term.

(b) The owner or lessor may bring a forcible entry and detainer action, or, if the State's Attorney of the county in which the real property is located agrees, assign to that State's Attorney the right to bring a forcible entry and detainer action on behalf of the owner or lessor, against the lessee and all occupants of the leased premises. The assignment must be in writing on a form prepared by the State's Attorney of the county in which the real property is located. If the owner or lessor assigns the right to bring a forcible entry and detainer action, the assignment shall be limited to those rights and duties up to and including delivery of the order of eviction to the sheriff for execution. The owner or lessor shall remain liable for the cost of the eviction whether or not the right to bring the forcible entry and detainer action has been assigned.

(b-5) If any lessee or occupant, on one or more occasions, uses or permits the use of leased premises for the commission of any act that would constitute a violation of the Firearm Owners Identification Card Act or Article 24 of the Criminal Code of 1961 or of any municipal or county ordinance relating to the registration, acquisition, carrying, possession, or use of firearms, firearm attachments, or firearm ammunition, and the owner or lessor does not bring or assign the State's Attorney to bring an action under this Article to recover possession of the leased premises, the State's Attorney shall bring such action on behalf of the owner or lessor without the consent of the owner or lessor.

(c) A person does not forfeit any part of his or her security deposit due solely to an eviction under the provisions of this Section, except that a security deposit may be used to pay fees charged by the sheriff for carrying out an eviction.

(d) If a lessor or the lessor's assignee voids a lease or contract under the provisions of this Section and the tenant or occupant has not vacated the premises within 5 days after receipt of a written notice to vacate the premises, the lessor or lessor's assignee may seek relief under this Article IX. Notwithstanding Sections 9-112, 9-113, and 9-114 of this Code, judgment for costs against a plaintiff seeking possession of the premises under this Section shall not be awarded to the defendant unless the action was brought by the plaintiff in bad faith. An action to possess premises under this Section shall not be deemed to be in bad faith when the plaintiff based his or her cause of action on information provided to him or her by a law enforcement agency or the State's Attorney.

(e) After a trial, if the court finds, by a preponderance of the evidence, that the allegations in the complaint have been proven, the court shall enter judgment for possession of the premises in favor of the plaintiff and the court shall order that the plaintiff shall be entitled to re-enter the premises immediately.

(f) A judgment for possession of the premises entered in an action brought by a lessor or lessor's assignee, if the action was brought as a result of a lessor or lessor's assignee declaring a lease void pursuant to this Section, may not be stayed for any period in excess of 7 days by the court unless all parties agree to a longer period. Thereafter the plaintiff shall be entitled to re-enter the premises immediately. The sheriff or other lawfully deputized officers shall execute an order entered pursuant to this Section within 7 days of its entry, or within 7 days of the expiration of a stay of judgment, if one is entered.

(g) Nothing in this Section shall limit the rights of an owner or lessor to bring a forcible entry and detainer action on the basis of other applicable law.

(Source: P.A. 90-360, eff. 1-1-98.)