[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB3640
735 ILCS 5/9-118 from Ch. 110, par. 9-118
Amends the emergency housing eviction provisions of the
Code of Civil Procedure. Authorizes a landlord to proceed
under the emergency eviction proceedings based upon, in
addition to the existing bases, an allegation of the
commission of a number of crimes related to murder and
personal injury. Provides that, under the emergency eviction
provisions, no prior notice of termination or demand for
possession is required to initiate an eviction action and
that service may be made by a public housing authority
plaintiff by posting of notice after other service is
attempted but fails. Effective June 1, 1998.
LRB9008392SMdvA
LRB9008392SMdvA
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- LRB9008392SMdvA
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- LRB9008392SMdvA
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) A landlord files a verified complaint seeking
19 possession of premises owned by that landlord. The
20 complaint seeks possession of premises that are owned or
21 managed by a housing authority established under the
22 Housing Authorities Actor or privately owned and managed.
23 (2) The verified complaint filed by the landlord
24 states facts alleging one or more of the following
25 circumstances: alleges that there is direct evidence of
26 either of the following:
27 (A) unlawfully unlawful possessing, serving,
28 storing, manufacturing, cultivating, delivering,
29 using, selling, giving away, or trafficking in
30 cannabis, narcotics, or controlled substances on
31 property owned by the landlord by the defendant, a
32 member of the defendant's household, or a guest or
33 invitee of the defendant within or upon the premises
34 by or with the knowledge and consent of, or in
-4- LRB9008392SMdvA
1 concert with the person or persons named in the
2 complaint; or
3 (B) the possession, use, sale, or delivery of
4 a firearm which is otherwise prohibited by State law
5 on property owned by the landlord by the defendant,
6 a member of the defendant's household, or a guest or
7 invitee of the defendant; or within or upon the
8 premises by or with the knowledge and consent of, or
9 in concert with, the person or persons named in the
10 complaint.
11 (C) murder, attempted murder, kidnapping,
12 attempted kidnapping, arson, attempted arson,
13 aggravated assault, aggravated battery, criminal
14 sexual assault, attempted criminal sexual assault,
15 aggravated criminal sexual assault, predatory
16 criminal sexual assault of a child, criminal sexual
17 abuse, and attempted criminal sexual abuse on
18 property owned by the landlord by the defendant, a
19 member of the defendant's household, or a guest or
20 invitee of the defendant.
21 (3) Notice by verified complaint setting forth the
22 relevant facts, and a demand for possession of the type
23 specified in Section 9-104 is served on the tenant or
24 occupant of the premises at least 14 days before a
25 hearing on the complaint is held, and proof of service of
26 the complaint is submitted by the plaintiff to the court.
27 (b-5) In actions brought under this Section, no prior
28 notice of termination or demand for possession shall be
29 required to initiate an eviction action.
30 (c) When a complaint has been filed under this Section,
31 a hearing on the complaint shall be scheduled on any day
32 after the expiration of 14 days following the filing of the
33 complaint. The summons shall advise the defendant that a
34 hearing on the complaint shall be held at the specified date
-5- LRB9008392SMdvA
1 and time, and that the defendant should be prepared to
2 present any evidence on his or her behalf at that time.
3 The complaint shall be served on the defendant by the
4 means specified for service of process in the Code of Civil
5 Procedure. However, if the landlord is a public housing
6 authority, after service of process as provided in the Code
7 of Civil Procedure is attempted, and if it is determined that
8 such service cannot be had in an expeditious manner, service
9 of process may be by posting of notice as provided in Section
10 9-107.
11 (d) If the defendant does not appear at the hearing,
12 judgment for possession of the premises in favor of the
13 plaintiff shall be entered by default. If the defendant
14 appears, a trial shall be held immediately as is prescribed
15 in other proceedings for possession. The matter shall not be
16 continued beyond 7 days from the date set for the first
17 hearing on the complaint except by agreement of both the
18 plaintiff and the defendant. After a trial, if the court
19 finds, by a preponderance of the evidence, that the
20 allegations in the complaint have been proven, the court
21 shall enter judgment for possession of the premises in favor
22 of the plaintiff and the court shall order that the plaintiff
23 shall be entitled to re-enter the premises immediately.
24 (d-5) If cannabis, narcotics, or controlled substances
25 are found or used anywhere in the premises, there is a
26 rebuttable presumption either (1) that the cannabis,
27 narcotics, or controlled substances were used or possessed by
28 a tenant or occupant or (2) that a tenant or occupant
29 permitted the premises to be used for that use or possession,
30 and knew or should have reasonably known that the substance
31 was used or possessed.
32 (e) A judgment for possession entered under this Section
33 may not be stayed for any period in excess of 7 days by the
34 court. Thereafter the plaintiff shall be entitled to
-6- LRB9008392SMdvA
1 re-enter the premises immediately. The sheriff or other
2 lawfully deputized officers shall give priority to service
3 and execution of orders entered under this Section over other
4 possession orders.
5 (f) This Section shall not be construed to prohibit the
6 use or possession of cannabis, narcotics, or a controlled
7 substance that has been legally obtained in accordance with a
8 valid prescription for the personal use of a lawful occupant
9 of a dwelling unit.
10 (Source: P.A. 90-557, eff. 6-1-98.)
11 Section 95. No acceleration or delay. Where this Act
12 makes changes in a statute that is represented in this Act by
13 text that is not yet or no longer in effect (for example, a
14 Section represented by multiple versions), the use of that
15 text does not accelerate or delay the taking effect of (i)
16 the changes made by this Act or (ii) provisions derived from
17 any other Public Act.
18 Section 99. Effective date. This Act takes effect June
19 1, 1998.