(740 ILCS 40/0.01) (from Ch. 100 1/2, par. 13.9)
Sec. 0.01.
Short title.
This Act may be cited as the
Controlled Substance and Cannabis Nuisance Act.
(Source: P.A. 86-1324.)
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(740 ILCS 40/1) (from Ch. 100 1/2, par. 14)
Sec. 1. As used in this Act unless the context otherwise requires:
"Controlled Substances" means any substance as defined and included in
the Schedules of Article II of the "Illinois Controlled Substances Act,"
and cannabis as defined in the "Cannabis Control Act" enacted by the 77th
General Assembly.
"Place" means any store, shop, warehouse, dwelling house, building,
apartment or any place whatever.
"Nuisance" means any place at which or in which controlled substances
are unlawfully sold, possessed, served, stored, delivered,
manufactured, cultivated, given away or used more than once within a period
of one year.
"Person" means any corporation, association, partner, or one or more
individuals.
(Source: P.A. 102-538, eff. 8-20-21.)
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(740 ILCS 40/2) (from Ch. 100 1/2, par. 15)
Sec. 2.
All places and the fixtures and movable contents thereof, used
for the purpose of unlawfully selling, possessing, serving, storing,
delivering, manufacturing, cultivating, giving away or using controlled
substances are hereby declared to be nuisances and may be abated as
hereinafter provided and the owners, agents, occupants of and any other
person using any such place may be enjoined as hereinafter provided.
(Source: P.A. 87-765.)
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(740 ILCS 40/3) (from Ch. 100 1/2, par. 16)
Sec. 3. (a) The Illinois State Police or the State's Attorney or any citizen of the
county in which a nuisance exists may file a complaint in the name of the
People of the State of Illinois to enjoin all persons from maintaining or
permitting such nuisance, to abate the same and to enjoin the use of any
such place for the period of one year.
(b) Upon the filing of a complaint by the State's Attorney or the Illinois State Police
in which the complaint states that irreparable injury, loss or damage will
result to the People of the State of Illinois, the court shall enter a
temporary restraining order without notice enjoining the maintenance of
such nuisance, upon testimony under oath, affidavit, or verified complaint
containing facts sufficient, if sustained, to justify the court in entering
a preliminary injunction upon a hearing after notice. Every such temporary
restraining order entered without notice shall be endorsed with the date
and hour of entry of the order, shall be filed of record, and shall
expire by its terms within such time after entry, not to exceed 10 days as
fixed by the court, unless the temporary restraining order, for good cause, is
extended for a like period or unless the party against whom the order is
directed consents that it may be extended for a longer period. The reason
for extension shall be shown in the order. In case a temporary restraining
order is entered without notice, the motion for a permanent injunction
shall be set down for hearing at the earliest possible time and takes
precedence over all matters except older matters of the same character, and
when the motion comes on for hearing, the Illinois State Police or State's Attorney,
as the case may be, shall proceed with the application for a permanent
injunction, and, if he does not do so, the court shall dissolve the
temporary restraining order. On 2 days' notice to the Illinois State Police or State's
Attorney, as the case may be, the defendant may appear and move the
dissolution or modification of such temporary restraining order and in that
event the court shall proceed to hear and determine such motion as
expeditiously as the ends of justice require.
(c) Upon the filing of the complaint by a citizen or the Illinois State Police or the
State's Attorney (in cases in which the Illinois State Police or State's Attorney does
not request injunctive relief without notice) in the circuit court,
the court, if satisfied that the nuisance complained of
exists, shall allow a temporary restraining order, with bond unless the
application is filed by the Illinois State Police or State's Attorney, in such amount
as the court may determine, enjoining the defendant from maintaining any
such nuisance within the jurisdiction of the court granting the injunctive
relief. However, no such injunctive relief shall be granted, except on
behalf of an owner or agent, unless it be made to appear to the
satisfaction of the court that the owner or agent of such place knew or
had been personally served with a notice signed by the plaintiff and that
such notice has been served upon such owner or such agent of such place at
least 5 days prior thereto, that such place, specifically describing the
same, was being so used, naming the date or dates of its being so used, and
that such owner or agent had failed to abate such nuisance, or that upon
diligent inquiry such owner or agent could not be found for
the service of such preliminary notice. The lessee, if any, of such place
shall be made a party defendant to such petition. If the property owner is a corporation and the Illinois State Police or the State's Attorney sends the preliminary notice to the corporate address registered with the Secretary of State, such action shall create a rebuttable presumption that the parties have acted with due diligence and the court may grant injunctive relief.
(d) In all cases in which the complaint is filed by a citizen, such
complaint shall be verified.
(Source: P.A. 102-538, eff. 8-20-21.)
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(740 ILCS 40/3.1) (from Ch. 100 1/2, par. 16.1)
Sec. 3.1.
Before the filing of a complaint under paragraph (c) of Section
3 of this Act, the State's Attorney shall, by personal service or by
certified mail, provide to the owner of the place at which the nuisance is
located, or the agent of the owner, written notice of the following:
(1) That a nuisance, as defined in this Act, exists | ||
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(2) That the owner of the place or his or her agent | ||
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(3) That failure to appear at the State's Attorney's | ||
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If the owner of the place or his or her agent does not appear at the State's
Attorney's Office as requested within the time periods prescribed above,
the State's Attorney may file a complaint under Section 3 of this Act. If
the owner or his or her agent appears before the State's Attorney in the
time prescribed, the owner or his or her agent may agree to comply with
reasonable recommendations requested by the State's Attorney designed to
abate the nuisance. If the owner or his or her agent does not affirmatively
agree to follow the State's Attorney's recommendations, the State's
Attorney may file a complaint under Section 3 of this Act. If the owner or
his or her agent agrees to follow the State's Attorney's recommendations
but subsequently fails to comply with those recommendations within 60 days of
the owner's or his or her agent's appearance before the State's Attorney, the
State's
Attorney may proceed to file a complaint under Section 3 of this Act,
except that in cases in which the prompt failure to file a complaint would
not result in irreparable harm, loss, or damage, the State's Attorney
shall, before the filing of the complaint, provide the owner of the place
or his or her agent with written notification by personal
service or by certified mail sent to the last known address of the owner or
agent that he or she has failed to satisfactorily comply with the requested
recommendations and that the State's Attorney intends to file a suit under
Section 3 of this Act to abate the nuisance.
(Source: P.A. 92-55, eff. 7-12-01; 92-59, eff. 7-12-01.)
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(740 ILCS 40/4) (from Ch. 100 1/2, par. 17)
Sec. 4.
The defendant shall be held to answer the allegations of the
complaint as in other civil proceedings. At all hearings upon the merits,
evidence of the general reputation of such place, of the inmates thereof,
and of those resorting thereto, shall be admissible for the purpose of
proving the existence of such nuisance. If the complaint is filed upon the
relation of a citizen, the proceeding shall not be dismissed for want of
prosecution, nor upon motion of such relator, unless there is filed with
such motion a sworn statement made by such relator and his attorney,
setting forth the reasons therefor, and unless such dismissal is approved
by the State's Attorney in writing or in open court. If the court is of the
opinion that such proceeding ought not to be dismissed, the court may
overrule such motion and may enter an order directing the State's Attorney
to prosecute such cause to final determination. The cause shall be heard
immediately upon issue being joined, and if the hearing is continued the
court may permit any citizen of the county consenting thereto to be
substituted for the original relator. If any such complaint is filed upon
the relation of a citizen, and the court find that there was no reasonable
ground or cause for filing the same, the costs may be taxed against such
relator.
(Source: Laws 1965, p. 3637.)
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(740 ILCS 40/5) (from Ch. 100 1/2, par. 18)
Sec. 5.
The plaintiff at any time before, but not later than 10 days after,
the filing of the answer, unless further time be granted by the court, may
file interrogatories in writing concerning matters material to the
allegations of the complaint or respecting the ownership of the property
upon which it is claimed the nuisance is maintained. A full answer to each
interrogatory under the oath of the defendant shall be filed with the clerk
within 10 days after a copy of the interrogatories has been served upon
him. For a failure to so answer interrogatories the court may strike the
answer to the complaint from the files and enter an order of default and
final judgment, and a rule to answer interrogatories may be entered and the
court may punish a defendant for contempt of court for a refusal to obey
such rule. No person shall be excused from answering interrogatories under
oath on the ground that an answer may tend to incriminate him or subject
him to a penalty or forfeiture. The answer shall be evidence against, but
not on behalf of, the defendant and it and evidence derived from it shall
not be used against him in any criminal proceeding other than as rebuttal
evidence to testimony given by the defendant or in a case for perjury.
(Source: P.A. 87-765.)
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(740 ILCS 40/6) (from Ch. 100 1/2, par. 19)
Sec. 6.
If the existence of the nuisance is established, the court shall
enter a judgment perpetually restraining all persons from maintaining or
permitting such nuisance, and from using the place in which the same is
maintained for any purpose, except a purpose that the court designates,
for a period of one year thereafter, unless such judgment is sooner
vacated, as hereinafter provided, and perpetually restraining the defendant
from maintaining any such nuisance within the jurisdiction of the court. No
injunction shall be entered against an owner, nor shall an order be
entered that any place be closed or kept closed, if it appears that the
owner or his or her agent has in good faith endeavored to prevent the
nuisance or did not have knowledge of the nuisance. An owner or agent who
has complied with the recommendations requested by the State's Attorney
under Section 3.1 of this Act shall be deemed to have endeavored in good
faith to prevent the nuisance. While the judgment remains in effect, such place
shall be in the custody of the court. An order of abatement shall also
be entered as a part of such judgment, which order shall direct the sheriff
of the county to remove from such place all fixtures and movable property
used in conducting or aiding or abetting such nuisance, and to sell the
same in the manner provided by law for the sale of chattels in the
enforcement of a judgment for the payment of money, and to close such place
against its use for any purpose, except a purpose that the court
designates, and to keep it closed for a period of one year unless sooner
released as hereinafter provided. The sheriff's fees for removing and
selling the movable property shall be taxed as a part of the costs, and
shall be the same as those for levying upon and selling like property in
the enforcement of a judgment for the payment of money. For closing the
place and keeping it closed, the court shall allow a reasonable fee to be
taxed as part of the costs. Nothing in this Act contained shall authorize
any relief respecting any other place than that named in the complaint.
(Source: P.A. 87-765.)
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(740 ILCS 40/7) (from Ch. 100 1/2, par. 20)
Sec. 7.
The proceeds of the sale of the movable property shall be applied in
payment of the costs of the proceeding, and the balance, if any, shall be
forwarded by the clerk of the circuit court to the State Treasurer for
deposit into the Drug Treatment Fund, which is established as a special
fund within the State Treasury. The Department of Human Services may make
grants to persons licensed under
Section 15-10 of the Substance Use Disorder Act or to
municipalities or counties from funds appropriated to the Illinois State Police from the
Drug Treatment
Fund for the treatment of persons addicted to alcohol, cannabis, or
controlled substances. The Illinois State Police may adopt any rules it deems
appropriate for the administration of these grants. The Illinois State Police shall
ensure that the moneys collected in each county be returned proportionately
to the counties through grants to licensees located within the county in
which the assessment was collected. Moneys in the Fund shall not supplant
other local, state or federal funds.
(Source: P.A. 102-538, eff. 8-20-21.)
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(740 ILCS 40/8) (from Ch. 100 1/2, par. 21)
Sec. 8.
In case of the violation of any injunction or order of abatement
issued under the provisions of this Act, the court may summarily try and
punish the offender for his contempt of court. The hearing may be had upon
affidavits, or either party may demand the production and oral examination
of witnesses.
(Source: Laws 1965, p. 3637.)
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(740 ILCS 40/9) (from Ch. 100 1/2, par. 22)
Sec. 9.
If the owner of the place has not been guilty of any contempt of
court in the proceedings, and appears and pays all costs, fees, and
allowances that are a lien on the place and files a bond in the full value
of the property, to be ascertained by the court, with sureties, to be
approved by the court conditioned that he will immediately abate any such
nuisance that may exist at the place and prevent it from being established
or kept therein within a period of one year thereafter, the court may, if
satisfied of good faith, order the place to be delivered to the owner and
the order of abatement cancelled so far as it may relate to such place.
The release of such place under the provisions of this Act does not
release it from any judgment, lien, or liability to which it may be
subject.
(Source: Laws 1957, p. 1120.)
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(740 ILCS 40/10) (from Ch. 100 1/2, par. 23)
Sec. 10.
Whenever a fine or costs shall be assessed under the provisions of
this Act against the owner of any property herein declared to be a
nuisance, such fine or costs shall constitute a lien upon such property to
the extent of the interest of such owner, and an order of execution shall
issue thereon.
(Source: Laws 1957, p. 1120.)
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(740 ILCS 40/11) (from Ch. 100 1/2, par. 24)
Sec. 11.
(a) If any lessee or occupant, on one or more occasions, shall
use leased premises for the purpose of unlawful possessing, serving,
storing, manufacturing, cultivating, delivering, using, selling or giving
away controlled substances or shall permit them to be used for any such
purposes, the lease or contract for letting such premises shall, at the
option of the lessor or the lessor's assignee, become void, and the owner
or the owner's assignee may notify the lessee or occupant by posting a
written notice
at the premises requiring the lessee or occupant to vacate the leased premises
on or before a
date 5 days after the giving of the notice. The notice shall state
the basis for its issuance on forms provided by the circuit court clerk of the
county in which the real property is located. The owner or owner's assignee
may have the like remedy to recover possession
thereof as against a tenant holding over after the expiration of his term.
The owner or lessor may bring an eviction action, or
assign to the State's Attorney of the county in which the real property is
located the right to bring an eviction action on behalf
of the owner or lessor, against the lessee and all occupants of the leased
premises. The assignment must be in writing on a form prepared by the
State's Attorney of the county in which the real property is located. If
the owner or lessor assigns the right to bring an eviction action, the assignment shall be limited to those rights and duties
up to and including delivery of the order of eviction to the sheriff for
execution. The owner or lessor remains liable for the cost of the eviction
whether or not the right to bring the eviction action
has been assigned.
(b) If a controlled substance is found or used anywhere in the premises of
an apartment, there is a rebuttable presumption that the controlled
substance was either used or possessed by a lessee or occupant or that a
lessee or occupant permitted the premises to be used for that use or
possession. A person shall not forfeit his or her security deposit or any
part of the security deposit due solely to an eviction under the provisions
of the Act.
(c) If a lessor or the lessor's assignee voids a contract under the
provisions of this Section, and a tenant or occupant has not vacated the
premises within 5 days after receipt of a written notice to vacate the
premises, the lessor or the lessor's assignee may seek relief under Article
IX of the Code of Civil Procedure. Notwithstanding Sections 9-112, 9-113
and 9-114 of the Code of Civil Procedure, judgment for costs
against the plaintiff seeking eviction under this Section
shall not be awarded to the defendant unless the action was brought by the
plaintiff in bad faith. An eviction action under this Section
shall not be deemed to be in bad faith if the plaintiff based his or her
cause of action on information provided to him or her by a law enforcement
agency or the State's Attorney.
(Source: P.A. 100-173, eff. 1-1-18.)
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(740 ILCS 40/13) (from Ch. 100 1/2, par. 25)
Sec. 13.
Nothing contained in this Act shall apply to any unlawful act which
results from failing to comply with the provisions prescribed in the
"Illinois Controlled Substances Act," enacted by the 77th General Assembly.
(Source: P.A. 77-766.)
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