HB5395ham003 98TH GENERAL ASSEMBLY

Rep. Monique D. Davis

Filed: 5/15/2014

09800HB5395ham003 LRB098 17753 HEP 59613 a

AMENDMENT TO HOUSE BILL 5395

AMENDMENT NO. ______. Amend House Bill 5395, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by adding Section 9-122 as follows:

(735 ILCS 5/9-122 new)

Sec. 9-122. Judgment for possession; enforcement.

(a) Notwithstanding any other provision of law, in a county with a population of 3,000,000 or more, the following apply:

(1) The number of motions a tenant may file to stay the enforcement of an order for possession is limited to 2, unless good cause for an additional stay is shown by written motion filed with the court and served upon the plaintiff.

(2) A peace officer, as that term is defined in Section 2-13 of the Criminal Code of 2012, who is on duty is authorized to execute the order for possession. A peace officer, as that term is defined in Section 2-13 of the Criminal Code of 2012, who is off duty but employed on a part-time basis by a licensee under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 is authorized to execute the order for possession. This paragraph (2) does not limit the authority of the sheriff to execute the order for possession.

(b) This Section applies only to the eviction of tenants of single-family or multi-family residential dwellings.".