Full Text of HB1532 98th General Assembly
HB1532sam001 98TH GENERAL ASSEMBLY | Sen. Thomas Cullerton Filed: 5/21/2014
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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, a criminal charge or a complaint | 10 | | or notice alleging an ordinance violation was filed or | 11 | | issued for the commission of the act. | 12 | | (b) If a lessee, occupant, or any person lawfully upon the | 13 | | property calls the police for assistance and as a result of | 14 | | that call a criminal charge or citation is issued, any such | 15 | | charge or citation shall not constitute a qualifying act for | 16 | | purposes of this Section. | 17 | | (c) A tenant or occupant may not be the subject of a | 18 | | forcible detainer under this Section in conjunction with a | 19 | | qualifying act in which that tenant or occupant is the victim | 20 | | of domestic violence, dating violence, sexual assault, or | 21 | | stalking. | 22 | | (d) If the standard for offensive use of property has been | 23 | | met, then the tenancy may be terminated and the owner, lessor, | 24 | | or agent shall be entitled to bring a forcible entry and | 25 | | detainer action under this Section. | 26 | | (e) If an owner, lessor, or agent terminates a tenancy |
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| 1 | | under this Section, the owner, lessor, or agent shall be | 2 | | required to deliver a 5-day notice to quit to the lessee, | 3 | | specifying the alleged acts and the date of occurrence for | 4 | | each. The notice shall be substantially in the following form: | 5 | | "To .........(names of tenants) and all other unknown | 6 | | occupants. Because of the repeated use of
the residence you | 7 | | rent at ............ (location of the premises) in a manner | 8 | | that disturbs your neighbors or threatens the health and | 9 | | safety of your neighbors, I have chosen to terminate your | 10 | | right to remain in the property. The specific acts, which | 11 | | took place in a 60-day period and resulted in a criminal | 12 | | charge or a complaint or notice alleging an ordinance | 13 | | violation,
are: ................. (insert the alleged acts | 14 | | and the date of occurrence for each). You are hereby | 15 | | notified to return
possession of your residence to me | 16 | | within 5 days of this date ............ (date of delivery | 17 | | of notice). | 18 | | Any person identified in this notice who, because of an | 19 | | act listed in this notice, is a victim of domestic
| 20 | | violence, dating violence, sexual assault, or stalking may | 21 | | present the court documentation to defend
the victim's | 22 | | right to retain possession of the residence. Documentation | 23 | | may include, but is not limited to, medical,
court, or | 24 | | police records documenting the violence or a statement from | 25 | | either an employee of a victim service
organization or a | 26 | | medical professional from whom the victim sought services. |
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| 1 | | This demand is being made pursuant to Illinois law | 2 | | (Section 9-120.5 of the Code of Civil Procedure, 735 ILCS | 3 | | 5/9-120.5, which can be found online for
further | 4 | | information)." | 5 | | The notice shall be signed by the owner, lessor, or agent. | 6 | | No other notice or demand of possession or termination of the | 7 | | tenancy is necessary. | 8 | | (f) A hearing shall be held not more than 14 days after | 9 | | filing of the forcible entry and detainer action. If the court | 10 | | finds that the standard for offensive use of property has been | 11 | | met, it shall enter judgment for possession of the premises in | 12 | | favor of the plaintiff. The plaintiff shall be entitled to | 13 | | re-enter the premises immediately, or no later than within 7 | 14 | | days of the entry of the judgment for possession of the | 15 | | premises if the court determines such a stay is appropriate to | 16 | | preserve the peace. | 17 | | (g) The court may stay a judgment for possession for up to | 18 | | 6 months, provided: | 19 | | (1) all parties agree to the stay; | 20 | | (2) the court determines the lessee is willing and able | 21 | | to prevent the offensive use of the property from | 22 | | continuing; and | 23 | | (3) none of the qualifying acts were of a violent | 24 | | nature. | 25 | | The stay shall be lifted and judgment for possession shall | 26 | | be enforced if, prior to the expiration of the stay, the |
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| 1 | | plaintiff petitions the court to terminate the stay and the | 2 | | court finds that, subsequent to the
issuance of the stay, an | 3 | | act has been committed on the property which qualifies as | 4 | | offensive use of property under subsection (a) of this Section. | 5 | | The judgment for possession shall otherwise be automatically | 6 | | vacated at the end of the period of the stay. Upon the lifting | 7 | | of the stay, the plaintiff shall be entitled to re-enter the | 8 | | premises immediately. | 9 | | (h) The sheriff or other lawfully deputized officer shall | 10 | | execute an order under this Section within 7 days of its entry | 11 | | or within 7 days of the expiration of a stay of judgment. | 12 | | (i) Nothing in this Section shall limit the rights of an | 13 | | owner, lessor, or agent to bring a forcible entry and detainer | 14 | | action on the basis of other applicable law. | 15 | | (j) The governmental agencies in whose jurisdiction the | 16 | | leased premises are located shall provide the owner, lessor, or | 17 | | agent with the information reasonably necessary to | 18 | | substantiate the required elements of an action filed under | 19 | | this Section. A municipality or other governmental entity may | 20 | | not require an owner, lessor, or agent to bring a forcible | 21 | | entry and detainer action under this Section or impose a | 22 | | penalty on the owner, lessor, or agent for failure to evict | 23 | | when notification is made. ".
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