Bill Text: IL HB5395 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
| 5 | adding Section 9-122 as follows:
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| 6 | (735 ILCS 5/9-122 new) | ||||||
| 7 | Sec. 9-122. Judgment for possession; enforcement. | ||||||
| 8 | Notwithstanding any other provision of law, in a municipality | ||||||
| 9 | with a population of 500,000 or more, the following apply: | ||||||
| 10 | (1) The number of motions a tenant may file to stay the | ||||||
| 11 | enforcement of an order for possession is limited to 2. | ||||||
| 12 | (2) The sheriff shall evict the tenant within 30 days | ||||||
| 13 | from the date the order for possession is entered by the | ||||||
| 14 | judge if a motion for stay of enforcement is not filed. If | ||||||
| 15 | a motion for stay of enforcement of an order of possession | ||||||
| 16 | is filed and denied by the judge, the sheriff shall evict | ||||||
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| 1 | the tenant within 30 days of the denial. If a stay of the | ||||||
| 2 | enforcement of an order of possession is granted, the | ||||||
| 3 | sheriff shall evict the tenant within 30 days from the date | ||||||
| 4 | when a stay of the enforcement of an order for possession | ||||||
| 5 | ceases to be effective. | ||||||
| 6 | (3) If the sheriff does not evict the tenant within the | ||||||
| 7 | time specified by paragraph (2) of this Section, the | ||||||
| 8 | plaintiff is authorized to utilize a third party, | ||||||
| 9 | including, but not limited to, the local police, to execute | ||||||
| 10 | the order for possession.".
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