State of Illinois
90th General Assembly
Legislation

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90_HB3579

      735 ILCS 5/9-118          from Ch. 110, par. 9-118
          Amends the emergency housing eviction provisions  of  the
      Code  of Civil Procedure.  Provides that, if a public housing
      authority  plaintiff  accepts   rent   from   the   defendant
      subsequent  to the initiation of an action, the acceptance of
      rent shall not be a cause for dismissal if the public housing
      authority plaintiff returns the rent to the defendant  within
      20  days  of  receipt of the rent payment.  Effective June 1,
      1998.
                                                     LRB9010881SMbd
                                               LRB9010881SMbd
 1        AN ACT to amend the Code of Civil Procedure  by  changing
 2    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    changing Section 9-118 as follows:
 7        (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
 8        (Text of Section before amendment by P.A. 90-557)
 9        Sec.    9-118.  Emergency    public    housing   eviction
10    proceedings.
11        (a)  As used in this Section:
12        "Cannabis" has the meaning ascribed to that term  in  the
13    Cannabis Control Act.
14        "Narcotics"  and "controlled substance" have the meanings
15    ascribed to those terms in the Illinois Controlled Substances
16    Act.
17        (b)  This Section applies only if all  of  the  following
18    conditions are met:
19             (1)  The complaint seeks possession of premises that
20        are  owned  or managed by a housing authority established
21        under the Housing Authorities Act.
22             (2)  The verified complaint alleges  that  there  is
23        direct evidence of either of the following:
24                  (A)  trafficking  in  cannabis,  narcotics,  or
25             controlled substances within or upon the premises by
26             or  with the knowledge and consent of, or in concert
27             with the person or persons named in  the  complaint;
28             or
29                  (B)  the  possession, use, sale, or delivery of
30             a firearm which is otherwise prohibited by State law
31             within or upon the premises by or with the knowledge
                            -2-                LRB9010881SMbd
 1             and consent of, or in concert with,  the  person  or
 2             persons named in the complaint.
 3             (3)  Notice  by verified complaint setting forth the
 4        relevant facts, and a demand for possession of  the  type
 5        specified  in  Section  9-104  is served on the tenant or
 6        occupant of the  premises  at  least  14  days  before  a
 7        hearing on the complaint is held, and proof of service of
 8        the complaint is submitted by the plaintiff to the court.
 9        (c)  When  a complaint has been filed under this Section,
10    a hearing on the complaint shall  be  scheduled  on  any  day
11    after  the  expiration of 14 days following the filing of the
12    complaint. The summons shall  advise  the  defendant  that  a
13    hearing  on the complaint shall be held at the specified date
14    and time, and  that  the  defendant  should  be  prepared  to
15    present any evidence on his or her behalf at that time.
16        (d)  If  the  defendant  does  not appear at the hearing,
17    judgment for possession of  the  premises  in  favor  of  the
18    plaintiff  shall  be  entered  by  default.  If the defendant
19    appears, a trial shall be held immediately as  is  prescribed
20    in other proceedings for possession.  The matter shall not be
21    continued  beyond  7  days  from  the  date set for the first
22    hearing on the complaint except  by  agreement  of  both  the
23    plaintiff  and  the  defendant.   After a trial, if the court
24    finds,  by  a  preponderance  of  the  evidence,   that   the
25    allegations  in  the  complaint  have  been proven, the court
26    shall enter judgment for possession of the premises in  favor
27    of the plaintiff and the court shall order that the plaintiff
28    shall be entitled to re-enter the premises immediately.
29        (e)  A judgment for possession entered under this Section
30    may  not  be stayed for any period in excess of 7 days by the
31    court.   Thereafter  the  plaintiff  shall  be  entitled   to
32    re-enter  the  premises  immediately.   The  sheriff or other
33    lawfully deputized officers shall give  priority  to  service
34    and execution of orders entered under this Section over other
                            -3-                LRB9010881SMbd
 1    possession orders.
 2        (f)  This  Section shall not be construed to prohibit the
 3    use or possession of cannabis,  narcotics,  or  a  controlled
 4    substance that has been legally obtained in accordance with a
 5    valid  prescription for the personal use of a lawful occupant
 6    of a dwelling unit.
 7    (Source: P.A. 87-933; 88-587, eff. 1-1-95.)
 8        (Text of Section after amendment by P.A. 90-557)
 9        Sec. 9-118.  Emergency housing eviction proceedings.
10        (a)  As used in this Section:
11        "Cannabis" has the meaning ascribed to that term  in  the
12    Cannabis Control Act.
13        "Narcotics"  and "controlled substance" have the meanings
14    ascribed to those terms in the Illinois Controlled Substances
15    Act.
16        (b)  This Section applies only if all  of  the  following
17    conditions are met:
18             (1)  The complaint seeks possession of premises that
19        are  owned  or managed by a housing authority established
20        under the Housing Authorities Act or privately owned  and
21        managed.
22             (2)  The  verified  complaint  alleges that there is
23        direct evidence of either of the following:
24                  (A)  unlawful  possessing,  serving,   storing,
25             manufacturing,   cultivating,   delivering,   using,
26             selling,  giving  away,  or trafficking in cannabis,
27             narcotics, or controlled substances within  or  upon
28             the  premises  by  or with the knowledge and consent
29             of, or in concert with the person or  persons  named
30             in the complaint; or
31                  (B)  the  possession, use, sale, or delivery of
32             a firearm which is otherwise prohibited by State law
33             within or upon the premises by or with the knowledge
34             and consent of, or in concert with,  the  person  or
                            -4-                LRB9010881SMbd
 1             persons named in the complaint.
 2             (3)  Notice  by verified complaint setting forth the
 3        relevant facts, and a demand for possession of  the  type
 4        specified  in  Section  9-104  is served on the tenant or
 5        occupant of the  premises  at  least  14  days  before  a
 6        hearing on the complaint is held, and proof of service of
 7        the complaint is submitted by the plaintiff to the court.
 8        (c)  When  a complaint has been filed under this Section,
 9    a hearing on the complaint shall  be  scheduled  on  any  day
10    after  the  expiration of 14 days following the filing of the
11    complaint. The summons shall  advise  the  defendant  that  a
12    hearing  on the complaint shall be held at the specified date
13    and time, and  that  the  defendant  should  be  prepared  to
14    present any evidence on his or her behalf at that time.
15        If  a  plaintiff  which  is  a  public  housing authority
16    accepts rent from the defendant after an action is  initiated
17    under  this  Section,  the  acceptance of rent shall not be a
18    cause for dismissal of the complaint if the plaintiff  public
19    housing authority returns the rent to the defendant within 20
20    days of receipt of the rent payment.
21        (d)  If  the  defendant  does  not appear at the hearing,
22    judgment for possession of  the  premises  in  favor  of  the
23    plaintiff  shall  be  entered  by  default.  If the defendant
24    appears, a trial shall be held immediately as  is  prescribed
25    in other proceedings for possession.  The matter shall not be
26    continued  beyond  7  days  from  the  date set for the first
27    hearing on the complaint except  by  agreement  of  both  the
28    plaintiff  and  the  defendant.   After a trial, if the court
29    finds,  by  a  preponderance  of  the  evidence,   that   the
30    allegations  in  the  complaint  have  been proven, the court
31    shall enter judgment for possession of the premises in  favor
32    of the plaintiff and the court shall order that the plaintiff
33    shall be entitled to re-enter the premises immediately.
34        (d-5)  If  cannabis,  narcotics, or controlled substances
                            -5-                LRB9010881SMbd
 1    are found or used  anywhere  in  the  premises,  there  is  a
 2    rebuttable   presumption   either   (1)  that  the  cannabis,
 3    narcotics, or controlled substances were used or possessed by
 4    a tenant or  occupant  or  (2)  that  a  tenant  or  occupant
 5    permitted the premises to be used for that use or possession,
 6    and  knew  or should have reasonably known that the substance
 7    was used or possessed.
 8        (e)  A judgment for possession entered under this Section
 9    may not be stayed for any period in excess of 7 days  by  the
10    court.    Thereafter  the  plaintiff  shall  be  entitled  to
11    re-enter the premises  immediately.   The  sheriff  or  other
12    lawfully  deputized  officers  shall give priority to service
13    and execution of orders entered under this Section over other
14    possession orders.
15        (f)  This Section shall not be construed to prohibit  the
16    use  or  possession  of  cannabis, narcotics, or a controlled
17    substance that has been legally obtained in accordance with a
18    valid prescription for the personal use of a lawful  occupant
19    of a dwelling unit.
20    (Source: P.A. 90-557, eff. 6-1-98.)
21        Section  95.   No  acceleration or delay.  Where this Act
22    makes changes in a statute that is represented in this Act by
23    text that is not yet or no longer in effect (for  example,  a
24    Section  represented  by  multiple versions), the use of that
25    text does not accelerate or delay the taking  effect  of  (i)
26    the  changes made by this Act or (ii) provisions derived from
27    any other Public Act.
28        Section 99.  Effective date.  This Act takes effect  June
29    1, 1998.

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