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90_HB2030
735 ILCS 5/9-109.5 new
735 ILCS 5/9-109.7 new
735 ILCS 5/9-118 from Ch. 110, par. 9-118
Amends the Code of Civil Procedure. Limits to 7 days the
time a court can stay an order for possession of the premises
entered pursuant to a termination of a lease under the
Controlled Substance and Cannabis Nuisance Act, and provides
that the sheriff or one of his deputies shall execute an
order entered based on a suit brought pursuant to a
termination of a lease under the Controlled Substance and
Cannabis Nuisance Act within 7 days of entry of the order, or
within 7 days of the expiration of a stay, if one is entered.
Provides that the standard of proof in a forcible entry and
detainer action is a preponderance of the evidence. Adds
unlawful possessing, serving, storing, manufacturing,
cultivating, delivering, using, selling and giving away
cannabis, narcotics, or controlled substances as activities
that subject a tenant to emergency public housing eviction
proceedings. Creates a rebuttable presumption that drugs
found or used in the premises were used or possessed by the
tenant or occupant or permitted to be used or possessed on
the premises by the tenant or occupant.
LRB9004977SMcw
LRB9004977SMcw
1 AN ACT to amend the Code of Civil Procedure by adding
2 Sections 9-109.5 and 9-109.7, and by changing Section 9-118.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 adding Sections 9-109.5 and 9-109.7, and by changing Section
7 9-118 as follows:
8 (735 ILCS 5/9-109.5 new)
9 Sec. 9-109.5. Standard of Proof. After a trial, if the
10 court finds, by a preponderance of the evidence, that the
11 allegations in the complaint have been proven, the court
12 shall enter judgment for possession of the premises in favor
13 of the plaintiff and the court shall order that the plaintiff
14 shall be entitled to re-enter the premises immediately.
15 (735 ILCS 5/9-109.7 new)
16 Sec. 9-109.7. Stay of enforcement; drug related action. A
17 judgment for possession of the premises entered in an action
18 brought by a lessor or lessor's assignee, if the action was
19 brought as a result of a lessor or lessor's assignee
20 declaring a lease void pursuant to Section 11 of the
21 Controlled Substance and Cannabis Nuisance Act, may not be
22 stayed for any period in excess of 7 days by the court.
23 Thereafter the plaintiff shall be entitled to re-enter the
24 premises immediately. The sheriff or other lawfully deputized
25 officers shall execute an order entered pursuant to this
26 Section within 7 days of its entry, or within 7 days of the
27 expiration of a stay of judgment, if one is entered.
28 (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
29 Sec. 9-118. Emergency public housing eviction
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1 proceedings.
2 (a) As used in this Section:
3 "Cannabis" has the meaning ascribed to that term in the
4 Cannabis Control Act.
5 "Narcotics" and "controlled substance" have the meanings
6 ascribed to those terms in the Illinois Controlled Substances
7 Act.
8 (b) This Section applies only if all of the following
9 conditions are met:
10 (1) The complaint seeks possession of premises that
11 are owned or managed by a housing authority established
12 under the Housing Authorities Act.
13 (2) The verified complaint alleges that there is
14 direct evidence of either of the following:
15 (A) unlawful possessing, serving, storing,
16 manufacturing, cultivating, delivering, using,
17 selling, giving away, or trafficking in cannabis,
18 narcotics, or controlled substances within or upon
19 the premises by or with the knowledge and consent
20 of, or in concert with the person or persons named
21 in the complaint; or
22 (B) the possession, use, sale, or delivery of
23 a firearm which is otherwise prohibited by State law
24 within or upon the premises by or with the knowledge
25 and consent of, or in concert with, the person or
26 persons named in the complaint.
27 (3) Notice by verified complaint setting forth the
28 relevant facts, and a demand for possession of the type
29 specified in Section 9-104 is served on the tenant or
30 occupant of the premises at least 14 days before a
31 hearing on the complaint is held, and proof of service of
32 the complaint is submitted by the plaintiff to the court.
33 (c) When a complaint has been filed under this Section,
34 a hearing on the complaint shall be scheduled on any day
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1 after the expiration of 14 days following the filing of the
2 complaint. The summons shall advise the defendant that a
3 hearing on the complaint shall be held at the specified date
4 and time, and that the defendant should be prepared to
5 present any evidence on his or her behalf at that time.
6 (d) If the defendant does not appear at the hearing,
7 judgment for possession of the premises in favor of the
8 plaintiff shall be entered by default. If the defendant
9 appears, a trial shall be held immediately as is prescribed
10 in other proceedings for possession. The matter shall not be
11 continued beyond 7 days from the date set for the first
12 hearing on the complaint except by agreement of both the
13 plaintiff and the defendant. After a trial, if the court
14 finds, by a preponderance of the evidence, that the
15 allegations in the complaint have been proven, the court
16 shall enter judgment for possession of the premises in favor
17 of the plaintiff and the court shall order that the plaintiff
18 shall be entitled to re-enter the premises immediately.
19 (d-5) If cannabis, narcotics, or controlled substances
20 are found or used anywhere in the premises, there is a
21 rebuttable presumption that the cannabis, narcotics, or
22 controlled substances were either used or possessed by a
23 tenant or occupant or that a tenant or occupant permitted the
24 premises to be used for that use or possession.
25 (e) A judgment for possession entered under this Section
26 may not be stayed for any period in excess of 7 days by the
27 court. Thereafter the plaintiff shall be entitled to
28 re-enter the premises immediately. The sheriff or other
29 lawfully deputized officers shall give priority to service
30 and execution of orders entered under this Section over other
31 possession orders.
32 (f) This Section shall not be construed to prohibit the
33 use or possession of cannabis, narcotics, or a controlled
34 substance that has been legally obtained in accordance with a
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1 valid prescription for the personal use of a lawful occupant
2 of a dwelling unit.
3 (Source: P.A. 87-933; 88-587, eff. 1-1-95.)