Bill Text: IL HB5395 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Code of Civil Procedure. Provides that weather conditions may not be used as a factor in staying the enforcement of a judgment for possession of residential premises or delaying the execution of a judgment for possession of residential premises unless an occupant of the premises is under the age of 12 or over the age of 65.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB5395 Detail]
Download: Illinois-2013-HB5395-Amended.html
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| 1 | AMENDMENT TO HOUSE BILL 5395
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| 2 | AMENDMENT NO. ______. Amend House Bill 5395, AS AMENDED, by | ||||||
| 3 | replacing everything after the enacting clause with the | ||||||
| 4 | following:
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| 5 | "Section 5. The Code of Civil Procedure is amended by | ||||||
| 6 | adding Section 9-122 as follows:
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| 7 | (735 ILCS 5/9-122 new) | ||||||
| 8 | Sec. 9-122. Judgment for possession; enforcement. | ||||||
| 9 | (a) Notwithstanding any other provision of law, in a county | ||||||
| 10 | with a population of 3,000,000 or more, the following apply: | ||||||
| 11 | (1) The number of motions a tenant may file to stay the | ||||||
| 12 | enforcement of an order for possession is limited to 2, | ||||||
| 13 | unless good cause for an additional stay is shown by | ||||||
| 14 | written motion filed with the court and served upon the | ||||||
| 15 | plaintiff. | ||||||
| 16 | (2) A peace officer, as that term is defined in Section | ||||||
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| 1 | 2-13 of the Criminal Code of 2012, who is on duty is | ||||||
| 2 | authorized to execute the order for possession. A peace | ||||||
| 3 | officer, as that term is defined in Section 2-13 of the | ||||||
| 4 | Criminal Code of 2012, who is off duty but employed on a | ||||||
| 5 | part-time basis by a licensee under the Private Detective, | ||||||
| 6 | Private Alarm, Private Security, Fingerprint Vendor, and | ||||||
| 7 | Locksmith Act of 2004 is authorized to execute the order | ||||||
| 8 | for possession. This paragraph (2) does not limit the | ||||||
| 9 | authority of the sheriff to execute the order for | ||||||
| 10 | possession. | ||||||
| 11 | (b) This Section applies only to the eviction of tenants of | ||||||
| 12 | single-family or multi-family residential dwellings.".
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