[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
90_HB3579ham001
LRB9010881SMdvam04
1 AMENDMENT TO HOUSE BILL 3579
2 AMENDMENT NO. . Amend House Bill 3579 by replacing
3 the title with the following:
4 "AN ACT to amend the Code of Civil Procedure by changing
5 Sections 9-104, 9-118, 9-211, and 9-212."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Code of Civil Procedure is amended by
9 changing Sections 9-104, 9-118, 9-211, and 9-212 as follows:
10 (735 ILCS 5/9-104) (from Ch. 110, par. 9-104)
11 Sec. 9-104. Demand - Notice - Return. The demand
12 required by Section 9-102 of this Act may be made by
13 delivering a copy thereof to the tenant, or by leaving such a
14 copy with some person of the age of 13 years or upwards,
15 residing on, or being in charge of, the premises; or in case
16 no one is in the actual possession of the premises, then by
17 posting the same on the premises. When such demand is made or
18 notice served, the signed return, verified by certification
19 pursuant to Section 1-109 of the Code of Civil Procedure by
20 the server, by an officer authorized to serve process, his or
21 her return is prima facie evidence of the facts therein
-2- LRB9010881SMdvam04
1 stated, and if such demand is made by any person not an
2 officer, the return may be sworn to by the person serving the
3 same, and is then prima facie evidence of the facts therein
4 stated. The demand for possession may be in the following
5 form: To ....
6 I hereby demand immediate possession of the following
7 described premises: (describing the same.)
8 The demand shall be signed by the person claiming such
9 possession, his or her agent, or attorney.
10 (Source: P.A. 83-1362.)
11 (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
12 (Text of Section before amendment by P.A. 90-557)
13 Sec. 9-118. Emergency public housing eviction
14 proceedings.
15 (a) As used in this Section:
16 "Cannabis" has the meaning ascribed to that term in the
17 Cannabis Control Act.
18 "Narcotics" and "controlled substance" have the meanings
19 ascribed to those terms in the Illinois Controlled Substances
20 Act.
21 (b) This Section applies only if all of the following
22 conditions are met:
23 (1) The complaint seeks possession of premises that
24 are owned or managed by a housing authority established
25 under the Housing Authorities Act.
26 (2) The verified complaint alleges that there is
27 direct evidence of either of the following:
28 (A) trafficking in cannabis, narcotics, or
29 controlled substances within or upon the premises by
30 or with the knowledge and consent of, or in concert
31 with the person or persons named in the complaint;
32 or
33 (B) the possession, use, sale, or delivery of
-3- LRB9010881SMdvam04
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 (e) A judgment for possession entered under this Section
32 may not be stayed for any period in excess of 7 days by the
33 court. Thereafter the plaintiff shall be entitled to
34 re-enter the premises immediately. The sheriff or other
-4- LRB9010881SMdvam04
1 lawfully deputized officers shall give priority to service
2 and execution of orders entered under this Section over other
3 possession orders.
4 (f) This Section shall not be construed to prohibit the
5 use or possession of cannabis, narcotics, or a controlled
6 substance that has been legally obtained in accordance with a
7 valid prescription for the personal use of a lawful occupant
8 of a dwelling unit.
9 (Source: P.A. 87-933; 88-587, eff. 1-1-95.)
10 (Text of Section after amendment by P.A. 90-557)
11 Sec. 9-118. Emergency housing eviction 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
34 a firearm which is otherwise prohibited by State law
-5- LRB9010881SMdvam04
1 within or upon the premises by or with the knowledge
2 and consent of, or in concert with, the person or
3 persons named in the complaint.
4 (3) Notice by verified complaint setting forth the
5 relevant facts, and a demand for possession of the type
6 specified in Section 9-104 is served on the tenant or
7 occupant of the premises at least 14 days before a
8 hearing on the complaint is held, and proof of service of
9 the complaint is submitted by the plaintiff to the court.
10 (c) When a complaint has been filed under this Section,
11 a hearing on the complaint shall be scheduled on any day
12 after the expiration of 14 days following the filing of the
13 complaint. The summons shall advise the defendant that a
14 hearing on the complaint shall be held at the specified date
15 and time, and that the defendant should be prepared to
16 present any evidence on his or her behalf at that time.
17 If a plaintiff which is a public housing authority
18 accepts rent from the defendant after an action is initiated
19 under this Section, the acceptance of rent shall not be a
20 cause for dismissal of the complaint.
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
-6- LRB9010881SMdvam04
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 (735 ILCS 5/9-211) (from Ch. 110, par. 9-211)
22 Sec. 9-211. Service of demand or notice. Any demand may
23 be made or notice served by delivering a written or printed,
24 or partly written and printed, copy thereof to the tenant, or
25 by leaving the same with some person of the age of 13 years
26 or upwards, residing on or in possession of the premises, or
27 by placing a copy within the rental unit; or by sending a
28 copy of the notice to the tenant by certified or registered
29 mail, with a returned receipt from the addressee; and in case
30 no one is in the actual possession of the premises, then by
31 posting the same on the premises. The landlord's right to
32 serve the written notice by placing a copy within the rental
33 unit shall not be construed as giving the landlord or his or
-7- LRB9010881SMdvam04
1 her agent any additional or ancillary right under the lease
2 to enter the tenant's unit.
3 (Source: P.A. 83-355.)
4 (735 ILCS 5/9-212) (from Ch. 110, par. 9-212)
5 Sec. 9-212. Evidence of service. When such demand is made
6 or notice served, the signed return, verified by
7 certification pursuant to Section 1-109 of the Code of Civil
8 Procedure by the server, by an officer authorized to serve
9 process, the officer's return is prima facie evidence of the
10 facts therein stated, and if such demand is made or notice
11 served by any person not an officer, the return may be sworn
12 to by the person serving the same, and is then prima facie
13 evidence of the facts therein stated.
14 (Source: P.A. 82-280.)
15 Section 95. No acceleration or delay. Where this Act
16 makes changes in a statute that is represented in this Act by
17 text that is not yet or no longer in effect (for example, a
18 Section represented by multiple versions), the use of that
19 text does not accelerate or delay the taking effect of (i)
20 the changes made by this Act or (ii) provisions derived from
21 any other Public Act.
22 Section 99. Effective date. This Act takes effect June
23 1, 1998.".