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90_HB3579sam002
LRB9010881SMdvam07
1 AMENDMENT TO HOUSE BILL 3579
2 AMENDMENT NO. . Amend House Bill 3579, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT to amend the Code of Civil Procedure by changing
5 Section 9-118."; 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 Section 9-118 as follows:
10 (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
11 (Text of Section before amendment by P.A. 90-557)
12 Sec. 9-118. Emergency public housing eviction
13 proceedings.
14 (a) As used in this Section:
15 "Cannabis" has the meaning ascribed to that term in the
16 Cannabis Control Act.
17 "Narcotics" and "controlled substance" have the meanings
18 ascribed to those terms in the Illinois Controlled Substances
19 Act.
20 (b) This Section applies only if all of the following
21 conditions are met:
-2- LRB9010881SMdvam07
1 (1) The complaint seeks possession of premises that
2 are owned or managed by a housing authority established
3 under the Housing Authorities Act.
4 (2) The verified complaint alleges that there is
5 direct evidence of either of the following:
6 (A) trafficking in cannabis, narcotics, or
7 controlled substances within or upon the premises by
8 or with the knowledge and consent of, or in concert
9 with the person or persons named in the complaint;
10 or
11 (B) the possession, use, sale, or delivery of
12 a firearm which is otherwise prohibited by State law
13 within or upon the premises by or with the knowledge
14 and consent of, or in concert with, the person or
15 persons named in the complaint.
16 (3) Notice by verified complaint setting forth the
17 relevant facts, and a demand for possession of the type
18 specified in Section 9-104 is served on the tenant or
19 occupant of the premises at least 14 days before a
20 hearing on the complaint is held, and proof of service of
21 the complaint is submitted by the plaintiff to the court.
22 (c) When a complaint has been filed under this Section,
23 a hearing on the complaint shall be scheduled on any day
24 after the expiration of 14 days following the filing of the
25 complaint. The summons shall advise the defendant that a
26 hearing on the complaint shall be held at the specified date
27 and time, and that the defendant should be prepared to
28 present any evidence on his or her behalf at that time.
29 (d) If the defendant does not appear at the hearing,
30 judgment for possession of the premises in favor of the
31 plaintiff shall be entered by default. If the defendant
32 appears, a trial shall be held immediately as is prescribed
33 in other proceedings for possession. The matter shall not be
34 continued beyond 7 days from the date set for the first
-3- LRB9010881SMdvam07
1 hearing on the complaint except by agreement of both the
2 plaintiff and the defendant. After a trial, if the court
3 finds, by a preponderance of the evidence, that the
4 allegations in the complaint have been proven, the court
5 shall enter judgment for possession of the premises in favor
6 of the plaintiff and the court shall order that the plaintiff
7 shall be entitled to re-enter the premises immediately.
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. 87-933; 88-587, eff. 1-1-95.)
21 (Text of Section after amendment by P.A. 90-557)
22 Sec. 9-118. Emergency housing eviction proceedings.
23 (a) As used in this Section:
24 "Cannabis" has the meaning ascribed to that term in the
25 Cannabis Control Act.
26 "Narcotics" and "controlled substance" have the meanings
27 ascribed to those terms in the Illinois Controlled Substances
28 Act.
29 (b) This Section applies only if all of the following
30 conditions are met:
31 (1) The complaint seeks possession of premises that
32 are owned or managed by a housing authority established
33 under the Housing Authorities Act or privately owned and
34 managed.
-4- LRB9010881SMdvam07
1 (2) The verified complaint alleges that there is
2 direct evidence of either of the following:
3 (A) unlawful possessing, serving, storing,
4 manufacturing, cultivating, delivering, using,
5 selling, giving away, or trafficking in cannabis,
6 narcotics, or controlled substances within or upon
7 the premises by or with the knowledge and consent
8 of, or in concert with the person or persons named
9 in the complaint; or
10 (B) the possession, use, sale, or delivery of
11 a firearm which is otherwise prohibited by State law
12 within or upon the premises by or with the knowledge
13 and consent of, or in concert with, the person or
14 persons named in the complaint.
15 (3) Notice by verified complaint setting forth the
16 relevant facts, and a demand for possession of the type
17 specified in Section 9-104 is served on the tenant or
18 occupant of the premises at least 14 days before a
19 hearing on the complaint is held, and proof of service of
20 the complaint is submitted by the plaintiff to the court.
21 (c) When a complaint has been filed under this Section,
22 a hearing on the complaint shall be scheduled on any day
23 after the expiration of 14 days following the filing of the
24 complaint. The summons shall advise the defendant that a
25 hearing on the complaint shall be held at the specified date
26 and time, and that the defendant should be prepared to
27 present any evidence on his or her behalf at that time.
28 If a plaintiff which is a public housing authority
29 accepts rent from the defendant after an action is initiated
30 under this Section, the acceptance of rent shall not be a
31 cause for dismissal of the complaint.
32 (d) If the defendant does not appear at the hearing,
33 judgment for possession of the premises in favor of the
34 plaintiff shall be entered by default. If the defendant
-5- LRB9010881SMdvam07
1 appears, a trial shall be held immediately as is prescribed
2 in other proceedings for possession. The matter shall not be
3 continued beyond 7 days from the date set for the first
4 hearing on the complaint except by agreement of both the
5 plaintiff and the defendant. After a trial, if the court
6 finds, by a preponderance of the evidence, that the
7 allegations in the complaint have been proven, the court
8 shall enter judgment for possession of the premises in favor
9 of the plaintiff and the court shall order that the plaintiff
10 shall be entitled to re-enter the premises immediately.
11 (d-5) If cannabis, narcotics, or controlled substances
12 are found or used anywhere in the premises, there is a
13 rebuttable presumption either (1) that the cannabis,
14 narcotics, or controlled substances were used or possessed by
15 a tenant or occupant or (2) that a tenant or occupant
16 permitted the premises to be used for that use or possession,
17 and knew or should have reasonably known that the substance
18 was used or possessed.
19 (e) A judgment for possession entered under this Section
20 may not be stayed for any period in excess of 7 days by the
21 court. Thereafter the plaintiff shall be entitled to
22 re-enter the premises immediately. The sheriff or other
23 lawfully deputized officers shall give priority to service
24 and execution of orders entered under this Section over other
25 possession orders.
26 (f) This Section shall not be construed to prohibit the
27 use or possession of cannabis, narcotics, or a controlled
28 substance that has been legally obtained in accordance with a
29 valid prescription for the personal use of a lawful occupant
30 of a dwelling unit.
31 (Source: P.A. 90-557, eff. 6-1-98.)
32 Section 95. No acceleration or delay. Where this Act
33 makes changes in a statute that is represented in this Act by
-6- LRB9010881SMdvam07
1 text that is not yet or no longer in effect (for example, a
2 Section represented by multiple versions), the use of that
3 text does not accelerate or delay the taking effect of (i)
4 the changes made by this Act or (ii) provisions derived from
5 any other Public Act.
6 Section 99. Effective date. This Act takes effect June
7 1, 1998.".