96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3728


 
Introduced 2/25/2009, by Rep. Sidney H. Mathias
 
SYNOPSIS AS INTRODUCED:
 		








  



735 ILCS 5/19-117
  from Ch. 110, par. 19-117



735 ILCS 5/19-129










    Amends the Code of Civil Procedure. Provides that the authority of the court and sheriff in relation to the delivery of property in a replevin action shall be allowed to holders of orders entered in actions sounding in detinue or holders of a detinue judgment order. Provides that provisions concerning a replevin action with respect to a mobile home also apply to actions in detinue to recover a mobile home. Effective immediately.
















LRB096 10416 AJO 20587 b

















 


 


A BILL FOR









 











HB3728

LRB096 10416 AJO 20587 b






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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Code of Civil Procedure is amended  by 
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changing Sections 19-117 and 19-129 as follows:
 



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    (735 ILCS 5/19-117)  (from Ch. 110, par. 19-117)



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    Sec. 19-117. Service upon defendant. It shall be the duty 
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of the officer
having an order for
replevin, to serve the same 
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upon the defendant, whether the property is
found or delivered 
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to him or her, or not, unless, when none of the property is

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found, the officer is otherwise directed by the plaintiff or 
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his or her
attorney or agent.

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    If the defendant fails to deliver up to the sheriff the 
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chattel which is the subject of the order for replevin and the 
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plaintiff has a reasonable belief as to where the chattel is 
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sequestered, the court may authorize the sheriff to use 
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reasonable force to enter into the property to recover same 
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upon such terms and conditions as the court may direct.
The 
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authority of the court and sheriff set forth in this Section 
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shall also be allowed to holders of orders entered in actions 
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sounding in detinue or holders of a detinue judgment order. 
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(Source: P.A. 95-661, eff. 1-1-08.)

 
 


 






HB3728
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LRB096 10416 AJO 20587 b




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    (735 ILCS 5/19-129)
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    Sec. 19-129. Mobile homes. If the chattel which is the 
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subject of the replevin action is a mobile home and is occupied 
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by the defendant or other persons, the court may issue a 
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forcible order directing the sheriff to remove the personal 
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property of the defendant or occupants from the mobile home 
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provided that the defendants and unknown occupants are given 
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notice of plaintiff's intent to seek a forcible order and that 
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upon entry of said order for possession, the execution is 
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stayed for a reasonable time as determined by the court so as 
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to allow the defendants and unknown occupants to remove their 
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property from the mobile home.

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    This Section shall also apply to actions in detinue to 
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recover a mobile home. 
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(Source: P.A. 95-661, eff. 1-1-08.)
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.