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90_HB2030ham001
LRB9004977SMdvam01
1 AMENDMENT TO HOUSE BILL 2030
2 AMENDMENT NO. . Amend House Bill 2030 by replacing
3 the title with the following:
4 "AN ACT to amend the Code of Civil Procedure by changing
5 Sections 2-202 and 9-118 and by adding Sections 9-109.5 and
6 9-109.7."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Code of Civil Procedure is amended by
10 changing Sections 2-202 and 9-118 and by adding Sections
11 9-109.5 and 9-109.7 as follows:
12 (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
13 Sec. 2-202. Persons authorized to serve process; Place of
14 service; Failure to make return.
15 (a) Process shall be served by a sheriff, or if the
16 sheriff is disqualified, by a coroner of some county of the
17 State. A sheriff of a county with a population of less than
18 1,000,000 may employ civilian personnel to serve process. In
19 counties with a population of less than 1,000,000, process
20 may be served, without special appointment, by a person who
21 is licensed or registered as a private detective under the
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1 Private Detective, Private Alarm and Private Security Act of
2 1983 or by a registered employee of a private detective
3 agency certified under that Act. A private detective or
4 licensed employee must supply the sheriff of any county in
5 which he serves process with a copy of his license or
6 certificate; however, the failure of a person to supply the
7 copy shall not in any way impair the validity of process
8 served by the person. The court may, in its discretion upon
9 motion, order service to be made by a private person over 18
10 years of age and not a party to the action. It is not
11 necessary that service be made by a sheriff or coroner of the
12 county in which service is made. If served or sought to be
13 served by a sheriff or coroner, he or she shall endorse his
14 or her return thereon, and if by a private person the return
15 shall be by affidavit.
16 (b) Summons may be served upon the defendants wherever
17 they may be found in the State, by any person authorized to
18 serve process. An officer may serve summons in his or her
19 official capacity outside his or her county, but fees for
20 mileage outside the county of the officer cannot be taxed as
21 costs. The person serving the process in a foreign county may
22 make return by mail.
23 (c) If any sheriff, coroner, or other person to whom any
24 process is delivered, neglects or refuses to make return of
25 the same, the plaintiff may petition the court to enter a
26 rule requiring the sheriff, coroner, or other person, to make
27 return of the process on a day to be fixed by the court, or
28 to show cause on that day why that person should not be
29 attached for contempt of the court. The plaintiff shall then
30 cause a written notice of the rule to be served on the
31 sheriff, coroner, or other person. If good and sufficient
32 cause be not shown to excuse the officer or other person, the
33 court shall adjudge him or her guilty of a contempt, and
34 shall impose punishment as in other cases of contempt.
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1 (d) If process is served by a sheriff or coroner, the
2 court may tax the fee of the sheriff or coroner as costs in
3 the proceeding. If process is served by a private person or
4 entity, the court may establish a fee therefor and tax such
5 fee as costs in the proceedings.
6 (e) In addition to the powers stated in Section 8.1a of
7 the Housing Authorities Act, in counties with a population of
8 3,000,000 or more inhabitants, members of a housing authority
9 police force may serve process for forcible entry and
10 detainer actions commenced by that housing authority and may
11 execute orders of possession for that housing authority.
12 (f) In counties with a population of 3,000,000 or more,
13 process may be served, without special appointment, by a
14 private process server or a law enforcement agency other than
15 the county sheriff in proceedings instituted under the
16 Forcible Entry and Detainer Article of this Code as a result
17 of a lessor or lessor's assignee declaring a lease void
18 pursuant to Section 11 of the Controlled Substance and
19 Cannabis Nuisance Act.
20 (Source: P.A. 89-594, eff. 8-1-96.)
21 (735 ILCS 5/9-109.5 new)
22 Sec. 9-109.5. Standard of Proof. After a trial, if the
23 court finds, by a preponderance of the evidence, that the
24 allegations in the complaint have been proven, the court
25 shall enter judgment for possession of the premises in favor
26 of the plaintiff and the court shall order that the plaintiff
27 shall be entitled to re-enter the premises immediately.
28 (735 ILCS 5/9-109.7 new)
29 Sec. 9-109.7. Stay of enforcement; drug related action. A
30 judgment for possession of the premises entered in an action
31 brought by a lessor or lessor's assignee, if the action was
32 brought as a result of a lessor or lessor's assignee
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1 declaring a lease void pursuant to Section 11 of the
2 Controlled Substance and Cannabis Nuisance Act, may not be
3 stayed for any period in excess of 7 days by the court.
4 Thereafter the plaintiff shall be entitled to re-enter the
5 premises immediately. The sheriff or other lawfully deputized
6 officers shall execute an order entered pursuant to this
7 Section within 7 days of its entry, or within 7 days of the
8 expiration of a stay of judgment, if one is entered.
9 (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
10 Sec. 9-118. Emergency public housing eviction
11 proceedings.
12 (a) As used in this Section:
13 "Cannabis" has the meaning ascribed to that term in the
14 Cannabis Control Act.
15 "Narcotics" and "controlled substance" have the meanings
16 ascribed to those terms in the Illinois Controlled Substances
17 Act.
18 (b) This Section applies only if all of the following
19 conditions are met:
20 (1) The complaint seeks possession of premises that
21 are owned or managed by a housing authority established
22 under the Housing Authorities Act or privately owned and
23 managed.
24 (2) The verified complaint alleges that there is
25 direct evidence of either of the following:
26 (A) unlawful possessing, serving, storing,
27 manufacturing, cultivating, delivering, using,
28 selling, giving away, or trafficking in cannabis,
29 narcotics, or controlled substances within or upon
30 the premises by or with the knowledge and consent
31 of, or in concert with the person or persons named
32 in the complaint; or
33 (B) the possession, use, sale, or delivery of
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1 a firearm which is otherwise prohibited by State law
2 within or upon the premises by or with the knowledge
3 and consent of, or in concert with, the person or
4 persons named in the complaint.
5 (3) Notice by verified complaint setting forth the
6 relevant facts, and a demand for possession of the type
7 specified in Section 9-104 is served on the tenant or
8 occupant of the premises at least 14 days before a
9 hearing on the complaint is held, and proof of service of
10 the complaint is submitted by the plaintiff to the court.
11 (c) When a complaint has been filed under this Section,
12 a hearing on the complaint shall be scheduled on any day
13 after the expiration of 14 days following the filing of the
14 complaint. The summons shall advise the defendant that a
15 hearing on the complaint shall be held at the specified date
16 and time, and that the defendant should be prepared to
17 present any evidence on his or her behalf at that time.
18 (d) If the defendant does not appear at the hearing,
19 judgment for possession of the premises in favor of the
20 plaintiff shall be entered by default. If the defendant
21 appears, a trial shall be held immediately as is prescribed
22 in other proceedings for possession. The matter shall not be
23 continued beyond 7 days from the date set for the first
24 hearing on the complaint except by agreement of both the
25 plaintiff and the defendant. After a trial, if the court
26 finds, by a preponderance of the evidence, that the
27 allegations in the complaint have been proven, the court
28 shall enter judgment for possession of the premises in favor
29 of the plaintiff and the court shall order that the plaintiff
30 shall be entitled to re-enter the premises immediately.
31 (d-5) If cannabis, narcotics, or controlled substances
32 are found or used anywhere in the premises, there is a
33 rebuttable presumption that the cannabis, narcotics, or
34 controlled substances were either used or possessed by a
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1 tenant or occupant or that a tenant or occupant permitted the
2 premises to be used for that use or possession.
3 (e) A judgment for possession entered under this Section
4 may not be stayed for any period in excess of 7 days by the
5 court. Thereafter the plaintiff shall be entitled to
6 re-enter the premises immediately. The sheriff or other
7 lawfully deputized officers shall give priority to service
8 and execution of orders entered under this Section over other
9 possession orders.
10 (f) This Section shall not be construed to prohibit the
11 use or possession of cannabis, narcotics, or a controlled
12 substance that has been legally obtained in accordance with a
13 valid prescription for the personal use of a lawful occupant
14 of a dwelling unit.
15 (Source: P.A. 87-933; 88-587, eff. 1-1-95.)".