SB1783ham003 96TH GENERAL ASSEMBLY

Rep. Anthony DeLuca

Filed: 5/20/2009

09600SB1783ham003 LRB096 11147 HLH 27222 a

AMENDMENT TO SENATE BILL 1783

AMENDMENT NO. ______. Amend Senate Bill 1783, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Municipal Code is amended by adding Section 11-5.4-1 as follows:

(65 ILCS 5/11-5.4-1 new)

Sec. 11-5.4-1. Criminal activity prohibition in residential leases. The corporate authorities of any municipality may require that any lease entered into for single or multi-family residential property located in the municipality include a provision or an addendum that prohibits criminal activity and provides the landlord the right to terminate the lease for engaging in such activity.

For the purposes of this Section, "criminal activity" means, but is not limited to:

(i) Disorderly conduct as defined in Section 26-1 of the Criminal Code of 1961.

(ii) Unlawful use of weapons as defined in Section 24-1 of the Criminal Code of 1961.

(iii) Mob action as defined in Section 25-1 of the Criminal Code of 1961.

(iv) Aggravated discharge of a firearm as defined in Sections 24-1.2 and 24-1.2-5 of the Criminal Code of 1961.

(v) Gambling as defined in Section 28-1 of the Criminal Code of 1961.

(vi) Possession, manufacture, or delivery of a controlled substance as defined in Section 401 of the Illinois Controlled Substances Act.

(vii) Assault or battery or any related offense as defined in Article 12 of the Criminal Code of 1961.

(viii) Criminal sexual abuse or related offenses as defined in Sections 12-15 and 12-16 of the Criminal Code of 1961.

(ix) Public indecency as defined in Section 11-9 of the Criminal Code of 1961.

(x) Prostitution as defined in Section 11-14 of the Criminal Code of 1961.

(xi) Criminal damage to property as defined in Section 21-1 of the Criminal Code of 1961.

(xii) Possession, cultivation, manufacture, or delivery of cannabis as defined in the Cannabis Control Act.

(xiii) Illegal consumption or possession of alcohol as defined in the Liquor Control Act of 1934.

(xiv) Violation of any municipal ordinance or State of Illinois statute controlling or regulating the sale or use of alcoholic beverages.

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.

(a-5) In all actions brought under this Section, no predicate notice of termination or demand for possession shall be required to initiate an eviction action. Notice specifying the alleged violations of the lease to be considered by the court shall be delivered to the lessee by sending a copy by certified mail and by posting the notice on the premise.

(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.

(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 or that a default has been proven in any other term of the lease, 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.)

Section 99. Effective date. This Act takes effect upon becoming law.".