Public Act 90-0768 of the 90th General Assembly
Public Act 90-0768
HB3579 Enrolled LRB9010881SMbd
AN ACT to amend the Code of Civil Procedure by changing
Section 9-118.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 9-118 as follows:
(735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
(Text of Section before amendment by P.A. 90-557)
Sec. 9-118. Emergency public housing eviction
proceedings.
(a) As used in this Section:
"Cannabis" has the meaning ascribed to that term in the
Cannabis Control Act.
"Narcotics" and "controlled substance" have the meanings
ascribed to those terms in the Illinois Controlled Substances
Act.
(b) This Section applies only if all of the following
conditions are met:
(1) The complaint seeks possession of premises that
are owned or managed by a housing authority established
under the Housing Authorities Act.
(2) The verified complaint alleges that there is
direct evidence of either of the following:
(A) trafficking in cannabis, narcotics, or
controlled substances within or upon the premises by
or with the knowledge and consent of, or in concert
with the person or persons named in the complaint;
or
(B) the possession, use, sale, or delivery of
a firearm which is otherwise prohibited by State law
within or upon the premises by or with the knowledge
and consent of, or in concert with, the person or
persons named in the complaint.
(3) Notice by verified complaint setting forth the
relevant facts, and a demand for possession of the type
specified in Section 9-104 is served on the tenant or
occupant of the premises at least 14 days before a
hearing on the complaint is held, and proof of service of
the complaint is submitted by the plaintiff to the court.
(c) When a complaint has been filed under this Section,
a hearing on the complaint shall be scheduled on any day
after the expiration of 14 days following the filing of the
complaint. The summons shall advise the defendant that a
hearing on the complaint shall be held at the specified date
and time, and that the defendant should be prepared to
present any evidence on his or her behalf at that time.
(d) If the defendant does not appear at the hearing,
judgment for possession of the premises in favor of the
plaintiff shall be entered by default. If the defendant
appears, a trial shall be held immediately as is prescribed
in other proceedings for possession. The matter shall not be
continued beyond 7 days from the date set for the first
hearing on the complaint except by agreement of both the
plaintiff and the defendant. After a trial, if the court
finds, by a preponderance of the evidence, that the
allegations in the complaint have been proven, the court
shall enter judgment for possession of the premises in favor
of the plaintiff and the court shall order that the plaintiff
shall be entitled to re-enter the premises immediately.
(e) A judgment for possession entered under this Section
may not be stayed for any period in excess of 7 days by the
court. Thereafter the plaintiff shall be entitled to
re-enter the premises immediately. The sheriff or other
lawfully deputized officers shall give priority to service
and execution of orders entered under this Section over other
possession orders.
(f) This Section shall not be construed to prohibit the
use or possession of cannabis, narcotics, or a controlled
substance that has been legally obtained in accordance with a
valid prescription for the personal use of a lawful occupant
of a dwelling unit.
(Source: P.A. 87-933; 88-587, eff. 1-1-95.)
(Text of Section after amendment by P.A. 90-557)
Sec. 9-118. Emergency housing eviction proceedings.
(a) As used in this Section:
"Cannabis" has the meaning ascribed to that term in the
Cannabis Control Act.
"Narcotics" and "controlled substance" have the meanings
ascribed to those terms in the Illinois Controlled Substances
Act.
(b) This Section applies only if all of the following
conditions are met:
(1) The complaint seeks possession of premises that
are owned or managed by a housing authority established
under the Housing Authorities Act or privately owned and
managed.
(2) The verified complaint alleges that there is
direct evidence of either of the following:
(A) unlawful possessing, serving, storing,
manufacturing, cultivating, delivering, using,
selling, giving away, or trafficking in cannabis,
narcotics, or controlled substances within or upon
the premises by or with the knowledge and consent
of, or in concert with the person or persons named
in the complaint; or
(B) the possession, use, sale, or delivery of
a firearm which is otherwise prohibited by State law
within or upon the premises by or with the knowledge
and consent of, or in concert with, the person or
persons named in the complaint.
(3) Notice by verified complaint setting forth the
relevant facts, and a demand for possession of the type
specified in Section 9-104 is served on the tenant or
occupant of the premises at least 14 days before a
hearing on the complaint is held, and proof of service of
the complaint is submitted by the plaintiff to the court.
(c) When a complaint has been filed under this Section,
a hearing on the complaint shall be scheduled on any day
after the expiration of 14 days following the filing of the
complaint. The summons shall advise the defendant that a
hearing on the complaint shall be held at the specified date
and time, and that the defendant should be prepared to
present any evidence on his or her behalf at that time.
If a plaintiff which is a public housing authority
accepts rent from the defendant after an action is initiated
under this Section, the acceptance of rent shall not be a
cause for dismissal of the complaint.
(d) If the defendant does not appear at the hearing,
judgment for possession of the premises in favor of the
plaintiff shall be entered by default. If the defendant
appears, a trial shall be held immediately as is prescribed
in other proceedings for possession. The matter shall not be
continued beyond 7 days from the date set for the first
hearing on the complaint except by agreement of both the
plaintiff and the defendant. After a trial, if the court
finds, by a preponderance of the evidence, that the
allegations in the complaint have been proven, the court
shall enter judgment for possession of the premises in favor
of the plaintiff and the court shall order that the plaintiff
shall be entitled to re-enter the premises immediately.
(d-5) If cannabis, narcotics, or controlled substances
are found or used anywhere in the premises, there is a
rebuttable presumption either (1) that the cannabis,
narcotics, or controlled substances were used or possessed by
a tenant or occupant or (2) that a tenant or occupant
permitted the premises to be used for that use or possession,
and knew or should have reasonably known that the substance
was used or possessed.
(e) A judgment for possession entered under this Section
may not be stayed for any period in excess of 7 days by the
court. Thereafter the plaintiff shall be entitled to
re-enter the premises immediately. The sheriff or other
lawfully deputized officers shall give priority to service
and execution of orders entered under this Section over other
possession orders.
(f) This Section shall not be construed to prohibit the
use or possession of cannabis, narcotics, or a controlled
substance that has been legally obtained in accordance with a
valid prescription for the personal use of a lawful occupant
of a dwelling unit.
(Source: P.A. 90-557, eff. 6-1-98.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect June
1, 1998.