Bill Text: IL HB0674 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Code of Civil Procedure. Makes a technical change in provisions concerning forcible entry and detainer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB0674 Detail]

Download: Illinois-2019-HB0674-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0674 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
735 ILCS 5/9-110 from Ch. 110, par. 9-110
Amends the Code of Civil Procedure. Makes a technical change in provisions concerning forcible entry and detainer.
LRB101 03699 LNS 48707 b
A BILL FOR
HB0674 LRB101 03699 LNS 48707 b
AN ACT concerning civil law.
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 9-110 as follows:
(735 ILCS 5/9-110) (from Ch. 110, par. 9-110)
Sec. 9-110. Judgment for whole premises - Stay of
enforcement. If it appears on the the trial that the plaintiff
is entitled to the possession of the whole of the premises
claimed, judgment for the possession thereof and for costs
shall be entered in favor of the plaintiff. However, if the
action is brought under Article IX of this Code and is based
upon a breach of a contract entered into on or after July 1,
1962 for the purchase of such premises, the court, by order,
may stay the enforcement of the judgment for a period not to
exceed 60 days from the date of the judgment, or if the court
finds that the amount unpaid on the contract is less than 75%
of the original purchase price, then the court shall stay the
enforcement of the judgment for a period of 180 days from the
date of the judgment. The court may order a stay of less than
180 days (but in no event less than 60 days) if it is shown that
the plaintiff, prior to the filing of the action under Article
IX of this Act, granted the defendant previous extensions of

HB0674 - 2 - LRB101 03699 LNS 48707 b
time to pay the amounts due under the contract, or for other
good cause shown. If during such period of stay the defendant
pays the entire amount then due and payable under the terms of
the contract other than such portion of the principal balance
due under the contract as would not be due had no default
occurred and costs and, if the contract provides therefor,
reasonable attorney's fees as fixed by the court, and cures all
other defaults then existing, the contract shall remain in
force the same as if no default had occurred. The relief
granted to a defendant by this Section shall not be exhausted
by a single use thereof but shall not be again available with
respect to the same contract for a period of 5 years from the
date of such judgment. Whenever defendant cures the default
under the contract pursuant to this Section, the defendant may
within the period of stay file a motion to vacate the judgment
in the court in which the judgment was entered, and, if the
court, upon the hearing of such motion, is satisfied that such
default has been cured, such judgment shall be vacated. Unless
defendant files such motion to vacate in the court or the
judgment is otherwise stayed, enforcement of the judgment may
proceed immediately upon the expiration of such period of stay
and all rights of the defendant in and to the premises and in
and to the real estate described in the contract are
terminated.
Nothing herein contained shall be construed as affecting
the right of a seller of such premises to any lawful remedy or

HB0674 - 3 - LRB101 03699 LNS 48707 b
relief other than that provided by Part 1 of Article IX of this
Act.
(Source: P.A. 85-907.)