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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4349 Introduced , by Rep. Monique D. Davis SYNOPSIS AS INTRODUCED:
| | 735 ILCS 5/9-118 | from Ch. 110, par. 9-118 |
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Amends the Code of Civil Procedure. Makes a technical change in the Section
relating to proceedings for evictions from housing authority property.
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| | A BILL FOR |
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| | HB4349 | | LRB098 17752 HEP 52872 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 9-118 as follows:
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| 6 | | (735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
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| 7 | | Sec. 9-118. Emergency housing eviction proceedings.
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| 8 | | (a) As used in this Section:
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| 9 | | "Cannabis" has the
the meaning ascribed to that term in the |
| 10 | | Cannabis Control Act. |
| 11 | | "Narcotics" and "controlled substance" have the meanings |
| 12 | | ascribed to those
terms in the Illinois Controlled Substances |
| 13 | | Act.
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| 14 | | (b) This Section applies only if all of the following |
| 15 | | conditions are
met:
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| 16 | | (1) The complaint seeks possession of premises that are
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| 17 | | owned or managed by a housing authority established under |
| 18 | | the Housing
Authorities Act or privately owned and managed.
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| 19 | | (2) The verified complaint alleges that there is direct
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| 20 | | evidence of any of the following:
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| 21 | | (A) unlawful possessing, serving, storing, |
| 22 | | manufacturing, cultivating,
delivering, using, |
| 23 | | selling, giving away, or
trafficking in cannabis, |
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| 1 | | methamphetamine, narcotics, or controlled substances
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| 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; or
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| 5 | | (B) the possession, use, sale, or delivery of a |
| 6 | | firearm which is
otherwise prohibited by State law
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| 7 | | within or upon the premises by or with the
knowledge |
| 8 | | and consent of, or in concert with, the person or |
| 9 | | persons named in
the complaint; or
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| 10 | | (C) murder, attempted murder, kidnapping, |
| 11 | | attempted kidnapping, arson,
attempted arson, |
| 12 | | aggravated battery, criminal sexual
assault, attempted |
| 13 | | criminal sexual assault, aggravated criminal sexual |
| 14 | | assault,
predatory criminal sexual assault of a child, |
| 15 | | or criminal sexual abuse
within or upon the premises by |
| 16 | | or with the
knowledge and consent of, or in concert |
| 17 | | with, the person or persons named in
the complaint.
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| 18 | | (3) Notice by verified complaint setting forth the |
| 19 | | relevant facts, and a
demand for possession of the type |
| 20 | | specified in Section 9-104 is served on
the tenant or |
| 21 | | occupant of the premises at least 14 days before a hearing |
| 22 | | on
the complaint is held, and proof of service of the |
| 23 | | complaint is submitted
by the plaintiff to the court.
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| 24 | | (b-5) In all actions brought under this Section 9-118, no |
| 25 | | predicate notice
of termination or demand for possession shall |
| 26 | | be required to initiate an
eviction action.
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| 1 | | (c) When a complaint has been filed under this Section, a |
| 2 | | hearing on the
complaint shall be scheduled on any day after |
| 3 | | the expiration of 14 days
following the filing of the |
| 4 | | complaint. The summons shall advise the defendant
that a |
| 5 | | hearing on the complaint shall be held at the specified date |
| 6 | | and time,
and that the defendant should be prepared to present |
| 7 | | any evidence on his or her
behalf at that time.
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| 8 | | If a plaintiff which is a public housing authority accepts
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| 9 | | rent from the defendant after an action is initiated under this
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| 10 | | Section, the acceptance of rent shall not be a cause for |
| 11 | | dismissal of the
complaint.
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| 12 | | (d) If the defendant does not appear at the hearing, |
| 13 | | judgment for
possession of the premises in favor of the |
| 14 | | plaintiff shall be entered by
default. If the defendant |
| 15 | | appears, a trial shall be held immediately as is
prescribed in |
| 16 | | other proceedings for possession. The matter shall not be
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| 17 | | continued beyond 7 days from the date set for the first hearing |
| 18 | | on the
complaint except by agreement of both the plaintiff and |
| 19 | | the defendant. After a
trial, if the court finds, by a |
| 20 | | preponderance of the evidence, that the
allegations in the |
| 21 | | complaint have been proven, the court shall enter judgment
for |
| 22 | | possession of the premises in favor of the plaintiff and the |
| 23 | | court shall
order that the plaintiff shall be entitled to |
| 24 | | re-enter the premises
immediately.
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| 25 | | (d-5) If cannabis, methamphetamine, narcotics, or |
| 26 | | controlled substances are found or used
anywhere in the |
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| 1 | | premises, there is a rebuttable presumption either (1) that the
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| 2 | | cannabis, methamphetamine,
narcotics, or controlled substances |
| 3 | | were used or possessed by a tenant
or occupant or (2) that a |
| 4 | | tenant or occupant permitted the premises to be used
for
that |
| 5 | | use or possession, and knew or should have reasonably known |
| 6 | | that the
substance was used or possessed.
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| 7 | | (e) A judgment for possession entered under this Section |
| 8 | | may not be
stayed for any period in excess of 7 days by the |
| 9 | | court. Thereafter the
plaintiff shall be entitled to re-enter |
| 10 | | the premises immediately. The sheriff
or other lawfully |
| 11 | | deputized officers shall give priority to service and
execution |
| 12 | | of orders entered under this Section over other possession |
| 13 | | orders.
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| 14 | | (f) This Section shall not be construed to prohibit the use |
| 15 | | or possession
of cannabis, methamphetamine, narcotics, or a |
| 16 | | controlled substance that has been legally
obtained in |
| 17 | | accordance with a valid prescription for the personal use of a
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| 18 | | lawful occupant of a dwelling unit.
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| 19 | | (Source: P.A. 94-556, eff. 9-11-05.)
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