Full Text of HB6257 96th General Assembly
HB6257ham001 96TH GENERAL ASSEMBLY
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Cities & Villages Committee
Filed: 3/9/2010
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09600HB6257ham001 |
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LRB096 20819 RLJ 38497 a |
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| AMENDMENT TO HOUSE BILL 6257
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| AMENDMENT NO. ______. Amend House Bill 6257 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Section 9-120 as follows: | 6 |
| (735 ILCS 5/9-120) | 7 |
| Sec. 9-120. Leased premises used in furtherance of a | 8 |
| criminal offense;
lease void at option of lessor or assignee. | 9 |
| (a) If any lessee or occupant, on one or more occasions, | 10 |
| uses or permits the
use of leased premises for the commission | 11 |
| of any act that would constitute a
felony or a Class A | 12 |
| misdemeanor under the laws of this State, the lease or
rental | 13 |
| agreement shall, at the option of the lessor or
the lessor's
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| assignee become void, and the owner or lessor shall be entitled | 15 |
| to recover
possession of the leased premises as against a | 16 |
| tenant holding over after the
expiration of his or her term. A |
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LRB096 20819 RLJ 38497 a |
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| written lease shall contain language that the commission of any | 2 |
| act by the lessee, occupant, household member of the lessee or | 3 |
| occupant, or guest of the lessee or occupant that would | 4 |
| constitute a felony or a Class A misdemeanor under the laws of | 5 |
| this State shall give the owner or lessor the right to void the | 6 |
| lease and recover possession of the leased premises. Failure to | 7 |
| include this language in a lease or if the lease is oral shall | 8 |
| not waive or impair the rights of the lessor or lessor's | 9 |
| assignee under this Section or the lease. | 10 |
| (b) The owner or lessor may bring a forcible entry and | 11 |
| detainer action, or,
if
the State's Attorney of the county in | 12 |
| which the real property is
located or the corporation counsel | 13 |
| of the municipality in which the real property is located | 14 |
| agrees, assign to that State's Attorney or corporation counsel | 15 |
| the right to bring a forcible
entry and detainer action on | 16 |
| behalf of
the owner or lessor, against the lessee and all | 17 |
| occupants of the leased
premises. The assignment must be in | 18 |
| writing on a form prepared by the State's
Attorney of the | 19 |
| county in which the real property is located or the corporation | 20 |
| counsel of the municipality in which the real property is | 21 |
| located, as applicable . If the owner or
lessor assigns the | 22 |
| right to bring a forcible entry and detainer action, the
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| assignment shall be limited to those rights and duties up to | 24 |
| and including
delivery of the order of eviction to the sheriff | 25 |
| for execution. The owner or
lessor shall remain liable for the | 26 |
| cost of the eviction whether or not the
right to bring the |
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LRB096 20819 RLJ 38497 a |
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| forcible entry and detainer action has been assigned. | 2 |
| (c) A person does not forfeit any part of his or her | 3 |
| security deposit due
solely to an eviction under the provisions | 4 |
| of this Section, except that a
security deposit may be used to | 5 |
| pay fees charged by the sheriff for carrying
out an eviction. | 6 |
| (d) If a lessor or the lessor's assignee voids a lease or | 7 |
| contract under the
provisions of this Section and the tenant or | 8 |
| occupant has not vacated the
premises within 5 days after | 9 |
| receipt of a written notice to vacate the
premises, the lessor | 10 |
| or lessor's assignee may seek relief under this Article
IX. | 11 |
| Notwithstanding Sections 9-112, 9-113, and 9-114
of this Code, | 12 |
| judgment for costs against a plaintiff seeking
possession of | 13 |
| the premises under this Section shall not be awarded to the
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| defendant unless the action was brought by the plaintiff in bad | 15 |
| faith. An
action to possess premises under this Section shall | 16 |
| not be deemed to be in bad
faith when the plaintiff based his | 17 |
| or her cause of action on information
provided to him or her by | 18 |
| a law enforcement agency , or the State's Attorney , or the | 19 |
| municipality . | 20 |
| (e) After a trial, if the court finds, by a
preponderance | 21 |
| of the evidence,
that the allegations in the complaint have | 22 |
| been proven, the court
shall enter judgment for possession of | 23 |
| the premises in favor of the plaintiff
and the court shall | 24 |
| order that the plaintiff shall be entitled to re-enter the
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| premises immediately. | 26 |
| (f) A judgment for
possession of the premises entered in an |
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LRB096 20819 RLJ 38497 a |
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| action brought by a lessor or lessor's
assignee, if the action | 2 |
| was brought
as a result of a lessor or lessor's assignee | 3 |
| declaring a lease void
pursuant to this Section,
may not be | 4 |
| stayed for any period in excess of 7 days by the court unless | 5 |
| all
parties agree to a longer period.
Thereafter the plaintiff | 6 |
| shall be entitled to re-enter the premises
immediately. The | 7 |
| sheriff or other lawfully deputized officers shall execute an
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| order entered pursuant to this Section
within 7 days of its | 9 |
| entry, or within 7 days of the expiration of
a stay of | 10 |
| judgment, if one is entered. | 11 |
| (g) Nothing in this Section shall limit the rights of an | 12 |
| owner or lessor
to bring a forcible entry and detainer action | 13 |
| on the basis of other applicable
law. | 14 |
| (Source: P.A. 90-360, eff. 1-1-98.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.".
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