HB5395eng 98TH GENERAL ASSEMBLY

  
  
  
 

 
HB5395 EngrossedLRB098 17753 HEP 52873 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
 
4    Section 5. The Code of Civil Procedure is amended  by adding 
5Section 9-122 as follows:
 
6    (735 ILCS 5/9-122 new)
7    Sec. 9-122. Judgment for possession; enforcement. 
8Notwithstanding any other provision of law, in a county with a 
9population of 3,000,000 or more, the following apply:
10        (1) The number of motions a tenant may file to stay the 
11    enforcement of an order for possession is limited to 2, 
12    unless good cause for an additional stay is shown by 
13    written motion filed with the court and served upon the 
14    plaintiff.
15        (2) The sheriff shall evict the tenant within 45 days 
16    from the date of expiration of the stay of enforcement of 
17    the order for possession entered by the court. If a motion 
18    for stay of enforcement of an order for possession is filed 
19    and denied by the court, the sheriff shall evict the tenant 
20    within 45 days of the denial. If a stay of the enforcement 
21    of an order of possession is granted, the sheriff shall 
22    evict the tenant within 45 days from the date of the 
23    expiration of the stay of enforcement of the order for 
 
 
HB5395 Engrossed- 2 -LRB098 17753 HEP 52873 b

1    possession.
2        (3) If the sheriff does not evict the tenant within the 
3    time specified by paragraph (2) of this Section, a peace 
4    officer, as that term is defined in Section 2-13 of the 
5    Criminal Code of 2012, is authorized to execute the order 
6    for possession.