Bill Text: IL HB5395 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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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Rep. Daniel V. Beiser

Filed: 4/7/2014

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AMENDMENT TO HOUSE BILL 5395
AMENDMENT NO. ______. Amend House Bill 5395, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Code of Civil Procedure is amended by
adding Section 9-122 as follows:
(735 ILCS 5/9-122 new)
Sec. 9-122. Judgment for possession; enforcement.
Notwithstanding any other provision of law, in a county with a
population of 3,000,000 or more, the following apply:
(1) The number of motions a tenant may file to stay the
enforcement of an order for possession is limited to 2,
unless good cause for an additional stay is shown by
written motion filed with the court and served upon the
plaintiff.
(2) The sheriff shall evict the tenant within 45 days

09800HB5395ham002 - 2 - LRB098 17753 HEP 58291 a
from the date of expiration of the stay of enforcement of
the order for possession entered by the court. If a motion
for stay of enforcement of an order for possession is filed
and denied by the court, the sheriff shall evict the tenant
within 45 days of the denial. If a stay of the enforcement
of an order of possession is granted, the sheriff shall
evict the tenant within 45 days from the date of the
expiration of the stay of enforcement of the order for
possession.
(3) If the sheriff does not evict the tenant within the
time specified by paragraph (2) of this Section, a peace
officer, as that term is defined in Section 2-13 of the
Criminal Code of 2012, is authorized to execute the order
for possession.".