Full Text of SB2375 98th General Assembly
SB2375sam001 98TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 3/13/2013
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| 1 | | AMENDMENT TO SENATE BILL 2375
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2375 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 12-5.1, 12-5.1a, and 12-5.2 as follows:
| 6 | | (720 ILCS 5/12-5.1) (from Ch. 38, par. 12-5.1)
| 7 | | Sec. 12-5.1. Criminal property housing management. | 8 | | (a) A person commits criminal property housing management | 9 | | when,
having personal management or control of residential real | 10 | | property estate , whether
as a legal or equitable owner or as a | 11 | | managing
agent or otherwise, he or she recklessly permits the | 12 | | physical condition or
facilities of the residential real | 13 | | property estate
to become or remain in any condition which | 14 | | endangers the health or safety
of a person other than the | 15 | | defendant.
| 16 | | (b) Sentence.
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| 1 | | Criminal property housing management is a Class A | 2 | | misdemeanor, and a subsequent
conviction is a Class 4 felony.
| 3 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
| 4 | | (720 ILCS 5/12-5.1a)
(was 720 ILCS 5/12-5.15) | 5 | | Sec. 12-5.1a. Aggravated criminal property housing | 6 | | management. | 7 | | (a) A person commits aggravated criminal property housing | 8 | | management
when he or she commits criminal property housing | 9 | | management and:
| 10 | | (1) the condition endangering the health or safety of a | 11 | | person other than the defendant is
determined to be a | 12 | | contributing factor in the death of that person; and
| 13 | | (2) the person recklessly conceals or attempts to | 14 | | conceal the condition that
endangered the health or safety | 15 | | of the person other than the defendant that is found to be | 16 | | a
contributing factor in that death.
| 17 | | (b) Sentence. Aggravated criminal property housing | 18 | | management is a Class 4 felony.
| 19 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
| 20 | | (720 ILCS 5/12-5.2) (from Ch. 38, par. 12-5.2)
| 21 | | Sec. 12-5.2. Injunction in connection with criminal | 22 | | property housing management or aggravated criminal property | 23 | | housing management.
| 24 | | (a) In addition to any other remedies, the
State's Attorney |
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| 1 | | of the county where the real residential property which
| 2 | | endangers the health or safety of any person exists is | 3 | | authorized to file a
complaint and apply
to the circuit court | 4 | | for a temporary restraining order, and such circuit
court shall | 5 | | upon hearing grant a temporary restraining order or a
| 6 | | preliminary or permanent injunction, without bond, restraining | 7 | | any person
who owns, manages, or has any equitable interest in | 8 | | the property, from
collecting, receiving or benefiting from any | 9 | | rents or other monies
available from the property, so long as | 10 | | the property remains in a condition
which endangers the health | 11 | | or safety of any person.
| 12 | | (b) The court may order any rents or other monies owed to | 13 | | be paid into
an escrow account. The funds are to be paid out of | 14 | | the escrow account only
to satisfy the reasonable cost of | 15 | | necessary repairs of the property which
had been incurred or | 16 | | will be incurred in ameliorating the condition of the
property | 17 | | as described in subsection (a),
payment of delinquent
real | 18 | | estate taxes on the property or payment of other legal debts | 19 | | relating
to the property. The court may order that funds remain | 20 | | in escrow for a
reasonable time after the completion of all | 21 | | necessary repairs to assure
continued upkeep of the property | 22 | | and satisfaction of other outstanding
legal debts of the | 23 | | property.
| 24 | | (c) The owner shall be responsible for contracting to have | 25 | | necessary
repairs completed and shall be required to submit all | 26 | | bills, together with
certificates of completion, to the manager |
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| 1 | | of the escrow account within 30
days after their receipt by the | 2 | | owner.
| 3 | | (d) In contracting for any repairs required pursuant to | 4 | | this
Section the owner of the property shall enter into a | 5 | | contract only after
receiving bids
from at least 3 independent | 6 | | contractors capable of making
the necessary repairs. If the | 7 | | owner does not contract for the repairs with
the lowest bidder, | 8 | | he shall file an affidavit with the court explaining why
the | 9 | | lowest bid was not acceptable. At no time, under the provisions | 10 | | of
this Section, shall the owner contract with anyone who is | 11 | | not a licensed
contractor, except that a contractor need not be | 12 | | licensed if neither the State nor the county, township, or | 13 | | municipality where the residential real property estate is | 14 | | located requires that the contractor be licensed. The court may | 15 | | order release of those funds in the escrow
account that are in | 16 | | excess of the monies that the court determines to its
| 17 | | satisfaction are needed to correct the condition of the | 18 | | property as
described in subsection (a).
| 19 | | For the purposes of this Section, "licensed contractor" | 20 | | means: (i) a contractor licensed by the State, if the State | 21 | | requires the licensure of the contractor; or (ii) a contractor | 22 | | licensed by the county, township, or municipality where the | 23 | | residential real property estate is located, if that | 24 | | jurisdiction requires the licensure of the contractor. | 25 | | (e) The Clerk of the Circuit Court shall maintain a | 26 | | separate trust
account entitled "Property Improvement Trust |
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| 1 | | Account", which shall serve as
the depository for the escrowed | 2 | | funds prescribed by this Section. The
Clerk of the Court shall | 3 | | be responsible for the receipt, disbursement,
monitoring and | 4 | | maintenance of all funds entrusted to this account, and
shall | 5 | | provide to the court a quarterly accounting of the activities | 6 | | for any
property, with funds in such account, unless the court | 7 | | orders accountings
on a more frequent basis.
| 8 | | The Clerk of the Circuit Court shall promulgate rules and | 9 | | procedures to
administer the provisions of this Act.
| 10 | | (f) Nothing in this Section shall in any way be construed | 11 | | to limit or
alter any existing liability incurred, or to be | 12 | | incurred, by the owner or
manager except as expressly provided | 13 | | in this Act. Nor shall anything in
this Section be construed to | 14 | | create any liability on behalf of the Clerk of
the Court, the | 15 | | State's Attorney's office or any other governmental agency
| 16 | | involved in this action.
| 17 | | Nor shall anything in this Section be construed to | 18 | | authorize tenants to
refrain from paying rent.
| 19 | | (g) Costs. As part of the costs of an action under this | 20 | | Section, the
court shall assess a reasonable fee against the | 21 | | defendant to be paid to the
Clerk of the Circuit Court. This | 22 | | amount is to be used solely for the maintenance
of the Property | 23 | | Improvement
Trust Account. No money obtained directly or | 24 | | indirectly from the property
subject to the case may be used to | 25 | | satisfy this cost.
| 26 | | (h) The municipal building department or other entity |
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| 1 | | responsible for
inspection of property and the enforcement of | 2 | | such local requirements
shall, within 5 business days of a | 3 | | request by the State's Attorney,
provide all documents | 4 | | requested, which shall include, but not be limited
to, all | 5 | | records of inspections, permits and other information relating | 6 | | to
any property.
| 7 | | (Source: P.A. 96-1551, eff. 7-1-11 .)".
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