Full Text of HB1532 98th General Assembly
HB1532ham001 98TH GENERAL ASSEMBLY | Rep. Anthony DeLuca Filed: 3/19/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1532
| 2 | | AMENDMENT NO. ______. Amend House Bill 1532 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | adding Section 9-120.5 as follows: | 6 | | (735 ILCS 5/9-120.5 new) | 7 | | Sec. 9-120.5. Offensive use of property. | 8 | | (a) As used in this Section, "offensive use of property" | 9 | | means the repeated use of leased premises in a manner that | 10 | | disturbs the peace or is detrimental to the health and safety | 11 | | of the neighbors of the premises. To qualify as offensive use | 12 | | of property, all of the following conditions must exist: | 13 | | (1) on 3 or more separate occasions within a 60-day | 14 | | period, an act is committed on the property which is: | 15 | | (A) a felony or a Class A misdemeanor; | 16 | | (B) a violation of subsection (a)(1) of Section |
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| 1 | | 26-1 of the Criminal Code of 2012; or | 2 | | (C) a violation of a public order regulation | 3 | | adopted under Section 11-5-1, 11-5-2, or 11-5-10 of the | 4 | | Illinois Municipal Code; | 5 | | (2) a lessee or his or her guest used the premises, | 6 | | permitted the premises to be used, or knew or should have | 7 | | known that the premises would be used in the commission of | 8 | | the act; and | 9 | | (3) on each occasion, an arrest was made or a citation | 10 | | was issued for the commission of the act. | 11 | | (b) If the standard for offensive use of property has been | 12 | | met, then the tenancy may be terminated and the owner, lessor, | 13 | | or agent shall be entitled to bring a forcible entry and | 14 | | detainer action under this Section. | 15 | | (c) If an owner, lessor, or agent terminates a tenancy | 16 | | under this Section, the owner, lessor, or agent shall be | 17 | | required to deliver a 5-day notice to quit to the lessee, | 18 | | specifying the alleged acts and the date of occurrence for | 19 | | each. | 20 | | (d) A hearing shall be held not more than 14 days after | 21 | | filing of the forcible entry and detainer action. If the court | 22 | | finds that the standard for offensive use of property has been | 23 | | met, it shall enter judgment for possession of the premises in | 24 | | favor of the plaintiff. The plaintiff shall be entitled to | 25 | | re-enter the premises immediately, or no later than within 7 | 26 | | days of the entry of the judgment for possession of the |
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| 1 | | premises if the court determines such a stay is appropriate to | 2 | | preserve the peace. | 3 | | (e) The court may stay a judgment for possession for up to | 4 | | 6 months, provided: | 5 | | (1) all parties agree to the stay; | 6 | | (2) the court determines the lessee is willing and able | 7 | | to prevent the offensive use of the property from | 8 | | continuing; and | 9 | | (3) none of the qualifying acts were of a violent | 10 | | nature. | 11 | | The stay shall be lifted and judgment for possession shall | 12 | | be enforced if, prior to the expiration of the stay, the | 13 | | plaintiff petitions the court to terminate the stay. The | 14 | | judgment for possession shall otherwise be automatically | 15 | | vacated at the end of the period of the stay. Upon the lifting | 16 | | of the stay, the plaintiff shall be entitled to re-enter the | 17 | | premises immediately. | 18 | | (f) The sheriff or other lawfully deputized officer shall | 19 | | execute an order under this Section within 7 days of its entry | 20 | | or within 7 days of the expiration of a stay of judgment. | 21 | | (g) Nothing in this Section shall limit the rights of an | 22 | | owner, lessor, or agent to bring a forcible entry and detainer | 23 | | action on the basis of other applicable law. | 24 | | (h) The governmental agencies in whose jurisdiction the | 25 | | leased premises are located shall provide the owner, lessor, or | 26 | | agent with the information reasonably necessary to |
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| 1 | | substantiate the required elements of an action filed under | 2 | | this Section. A municipality or other governmental entity may | 3 | | not require an owner, lessor, or agent to bring a forcible | 4 | | entry and detainer action under this Section or impose a | 5 | | penalty on the owner, lessor, or agent for failure to evict | 6 | | when notification is made. | 7 | | (i) A tenant or occupant may not be the subject of a | 8 | | forcible detainer under this Section in conjunction with a | 9 | | qualifying act in which that tenant or occupant is the victim | 10 | | of domestic violence, dating violence, sexual assault, or | 11 | | stalking. ".
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