Full Text of HB0456 96th General Assembly
HB0456 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0456
Introduced 2/4/2009, by Rep. LaShawn K. Ford SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/9-118 |
from Ch. 110, par. 9-118 |
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Amends the Code of Civil Procedure. Makes a technical change in the Section
relating to proceedings for evictions from housing authority property.
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A BILL FOR
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HB0456 |
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LRB096 07688 AJO 17789 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Section 9-118 as follows:
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| (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
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| Sec. 9-118. Emergency housing eviction proceedings.
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| (a) As used in this Section:
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| "Cannabis" has the
the meaning ascribed to that term in the | 10 |
| Cannabis Control Act. | 11 |
| "Narcotics" and "controlled substance" have the meanings | 12 |
| ascribed to those
terms in the Illinois Controlled Substances | 13 |
| Act.
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| (b) This Section applies only if all of the following | 15 |
| conditions are
met:
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| (1) The complaint seeks possession of premises that are
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| owned or managed by a housing authority established under | 18 |
| the Housing
Authorities Act or privately owned and managed.
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| (2) The verified complaint alleges that there is direct
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| evidence of any of the following:
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| (A) unlawful possessing, serving, storing, | 22 |
| manufacturing, cultivating,
delivering, using, | 23 |
| selling, giving away, or
trafficking in cannabis, |
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HB0456 |
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LRB096 07688 AJO 17789 b |
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| methamphetamine, narcotics, or controlled substances
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| within or upon the premises by or with the knowledge | 3 |
| and consent of, or in
concert with the person or | 4 |
| persons named in the complaint; or
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| (B) the possession, use, sale, or delivery of a | 6 |
| firearm which is
otherwise prohibited by State law
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| within or upon the premises by or with the
knowledge | 8 |
| and consent of, or in concert with, the person or | 9 |
| persons named in
the complaint; or
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| (C) murder, attempted murder, kidnapping, | 11 |
| attempted kidnapping, arson,
attempted arson, | 12 |
| aggravated battery, criminal sexual
assault, attempted | 13 |
| criminal sexual assault, aggravated criminal sexual | 14 |
| assault,
predatory criminal sexual assault of a child, | 15 |
| or criminal sexual abuse
within or upon the premises by | 16 |
| or with the
knowledge and consent of, or in concert | 17 |
| with, the person or persons named in
the complaint.
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| (3) Notice by verified complaint setting forth the | 19 |
| relevant facts, and a
demand for possession of the type | 20 |
| specified in Section 9-104 is served on
the tenant or | 21 |
| occupant of the premises at least 14 days before a hearing | 22 |
| on
the complaint is held, and proof of service of the | 23 |
| complaint is submitted
by the plaintiff to the court.
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| (b-5) In all actions brought under this Section 9-118, no | 25 |
| predicate notice
of termination or demand for possession shall | 26 |
| be required to initiate an
eviction action.
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LRB096 07688 AJO 17789 b |
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| (c) When a complaint has been filed under this Section, a | 2 |
| hearing on the
complaint shall be scheduled on any day after | 3 |
| the expiration of 14 days
following the filing of the | 4 |
| complaint. The summons shall advise the defendant
that a | 5 |
| hearing on the complaint shall be held at the specified date | 6 |
| and time,
and that the defendant should be prepared to present | 7 |
| any evidence on his or her
behalf at that time.
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| If a plaintiff which is a public housing authority accepts
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| rent from the defendant after an action is initiated under this
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| Section, the acceptance of rent shall not be a cause for | 11 |
| dismissal of the
complaint.
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| (d) If the defendant does not appear at the hearing, | 13 |
| judgment for
possession of the premises in favor of the | 14 |
| plaintiff shall be entered by
default. If the defendant | 15 |
| appears, a trial shall be held immediately as is
prescribed in | 16 |
| other proceedings for possession. The matter shall not be
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| continued beyond 7 days from the date set for the first hearing | 18 |
| on the
complaint except by agreement of both the plaintiff and | 19 |
| the defendant. After a
trial, if the court finds, by a | 20 |
| preponderance of the evidence, that the
allegations in the | 21 |
| complaint have been proven, the court shall enter judgment
for | 22 |
| possession of the premises in favor of the plaintiff and the | 23 |
| court shall
order that the plaintiff shall be entitled to | 24 |
| re-enter the premises
immediately.
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| (d-5) If cannabis, methamphetamine, narcotics, or | 26 |
| controlled substances are found or used
anywhere in the |
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LRB096 07688 AJO 17789 b |
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| premises, there is a rebuttable presumption either (1) that the
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| cannabis, methamphetamine,
narcotics, or controlled substances | 3 |
| were used or possessed by a tenant
or occupant or (2) that a | 4 |
| tenant or occupant permitted the premises to be used
for
that | 5 |
| use or possession, and knew or should have reasonably known | 6 |
| that the
substance was used or possessed.
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| (e) A judgment for possession entered under this Section | 8 |
| may not be
stayed for any period in excess of 7 days by the | 9 |
| court. Thereafter the
plaintiff shall be entitled to re-enter | 10 |
| the premises immediately. The sheriff
or other lawfully | 11 |
| deputized officers shall give priority to service and
execution | 12 |
| of orders entered under this Section over other possession | 13 |
| orders.
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| (f) This Section shall not be construed to prohibit the use | 15 |
| or possession
of cannabis, methamphetamine, narcotics, or a | 16 |
| controlled substance that has been legally
obtained in | 17 |
| accordance with a valid prescription for the personal use of a
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| lawful occupant of a dwelling unit.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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