Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3951 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3951 Introduced 5/14/2024, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED: 720 ILCS 5/17-1 from Ch. 38, par. 17-1720 ILCS 5/19-4 from Ch. 38, par. 19-4 Amends the Criminal Code of 2012. Provides that it is a deceptive practice for a person to knowingly represent that he or she is the owner or agent of residential property for the purpose of entering into a lease agreement with another or to collect a security deposit, move-in fee, or rent from another. Specifies that a violation of that requirement is a Class 4 felony. Authorizes the award of actual damages and punitive damages in an amount no less than 2 times the actual damages. Provides that it is a criminal trespass to a residence for a person, without authority, to knowingly enter or remain within a residence that the person knows is the primary residence of another. Makes a violation of that requirement a Class 4 felony. Provides that nothing in the Eviction Article of the Code of Civil Procedure may be construed to prohibit law enforcement officials from (i) enforcing criminal trespass to real property or any other provision of the Criminal Code of 2012; or (ii) removing persons or property from the premises when there is a criminal trespass. Defines illegal possession of property in the Criminal Code of 2012. LRB103 40625 JRC 73313 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3951 Introduced 5/14/2024, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED: 720 ILCS 5/17-1 from Ch. 38, par. 17-1720 ILCS 5/19-4 from Ch. 38, par. 19-4 720 ILCS 5/17-1 from Ch. 38, par. 17-1 720 ILCS 5/19-4 from Ch. 38, par. 19-4 Amends the Criminal Code of 2012. Provides that it is a deceptive practice for a person to knowingly represent that he or she is the owner or agent of residential property for the purpose of entering into a lease agreement with another or to collect a security deposit, move-in fee, or rent from another. Specifies that a violation of that requirement is a Class 4 felony. Authorizes the award of actual damages and punitive damages in an amount no less than 2 times the actual damages. Provides that it is a criminal trespass to a residence for a person, without authority, to knowingly enter or remain within a residence that the person knows is the primary residence of another. Makes a violation of that requirement a Class 4 felony. Provides that nothing in the Eviction Article of the Code of Civil Procedure may be construed to prohibit law enforcement officials from (i) enforcing criminal trespass to real property or any other provision of the Criminal Code of 2012; or (ii) removing persons or property from the premises when there is a criminal trespass. Defines illegal possession of property in the Criminal Code of 2012. LRB103 40625 JRC 73313 b LRB103 40625 JRC 73313 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3951 Introduced 5/14/2024, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/17-1 from Ch. 38, par. 17-1720 ILCS 5/19-4 from Ch. 38, par. 19-4 720 ILCS 5/17-1 from Ch. 38, par. 17-1 720 ILCS 5/19-4 from Ch. 38, par. 19-4
4	4	720 ILCS 5/17-1 from Ch. 38, par. 17-1
5	5	720 ILCS 5/19-4 from Ch. 38, par. 19-4
6	6	Amends the Criminal Code of 2012. Provides that it is a deceptive practice for a person to knowingly represent that he or she is the owner or agent of residential property for the purpose of entering into a lease agreement with another or to collect a security deposit, move-in fee, or rent from another. Specifies that a violation of that requirement is a Class 4 felony. Authorizes the award of actual damages and punitive damages in an amount no less than 2 times the actual damages. Provides that it is a criminal trespass to a residence for a person, without authority, to knowingly enter or remain within a residence that the person knows is the primary residence of another. Makes a violation of that requirement a Class 4 felony. Provides that nothing in the Eviction Article of the Code of Civil Procedure may be construed to prohibit law enforcement officials from (i) enforcing criminal trespass to real property or any other provision of the Criminal Code of 2012; or (ii) removing persons or property from the premises when there is a criminal trespass. Defines illegal possession of property in the Criminal Code of 2012.
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8	8	LRB103 40625 JRC 73313 b
9	9	A BILL FOR
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12	12	1 AN ACT concerning evictions.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Criminal Code of 2012 is amended by
16	16	5 changing Sections 17-1 and 19-4 as follows:
17	17	6 (720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
18	18	7 Sec. 17-1. Deceptive practices.
19	19	8 (A) General deception.
20	20	9 A person commits a deceptive practice when, with intent to
21	21	10 defraud, the person does any of the following:
22	22	11 (1) He or she knowingly causes another, by deception
23	23	12 or threat, to execute a document disposing of property or
24	24	13 a document by which a pecuniary obligation is incurred.
25	25	14 (2) Being an officer, manager or other person
26	26	15 participating in the direction of a financial institution,
27	27	16 he or she knowingly receives or permits the receipt of a
28	28	17 deposit or other investment, knowing that the institution
29	29	18 is insolvent.
30	30	19 (3) He or she knowingly makes a false or deceptive
31	31	20 statement addressed to the public for the purpose of
32	32	21 promoting the sale of property or services.
33	33	22 (4) He or she knowingly represents to be the owner or
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3951 Introduced 5/14/2024, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED:
38	38	720 ILCS 5/17-1 from Ch. 38, par. 17-1720 ILCS 5/19-4 from Ch. 38, par. 19-4 720 ILCS 5/17-1 from Ch. 38, par. 17-1 720 ILCS 5/19-4 from Ch. 38, par. 19-4
39	39	720 ILCS 5/17-1 from Ch. 38, par. 17-1
40	40	720 ILCS 5/19-4 from Ch. 38, par. 19-4
41	41	Amends the Criminal Code of 2012. Provides that it is a deceptive practice for a person to knowingly represent that he or she is the owner or agent of residential property for the purpose of entering into a lease agreement with another or to collect a security deposit, move-in fee, or rent from another. Specifies that a violation of that requirement is a Class 4 felony. Authorizes the award of actual damages and punitive damages in an amount no less than 2 times the actual damages. Provides that it is a criminal trespass to a residence for a person, without authority, to knowingly enter or remain within a residence that the person knows is the primary residence of another. Makes a violation of that requirement a Class 4 felony. Provides that nothing in the Eviction Article of the Code of Civil Procedure may be construed to prohibit law enforcement officials from (i) enforcing criminal trespass to real property or any other provision of the Criminal Code of 2012; or (ii) removing persons or property from the premises when there is a criminal trespass. Defines illegal possession of property in the Criminal Code of 2012.
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43	43	LRB103 40625 JRC 73313 b
44	44	A BILL FOR
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51	51	720 ILCS 5/19-4 from Ch. 38, par. 19-4
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70	70	1 agent of residential property for the purpose of entering
71	71	2 into a lease agreement with another or collecting a
72	72	3 security deposit, move-in fee, or rent from another.
73	73	4 (B) Bad checks.
74	74	5 A person commits a deceptive practice when:
75	75	6 (1) With intent to obtain control over property or to
76	76	7 pay for property, labor or services of another, or in
77	77	8 satisfaction of an obligation for payment of tax under the
78	78	9 Retailers' Occupation Tax Act or any other tax due to the
79	79	10 State of Illinois, he or she issues or delivers a check or
80	80	11 other order upon a real or fictitious depository for the
81	81	12 payment of money, knowing that it will not be paid by the
82	82	13 depository. The trier of fact may infer that the defendant
83	83	14 knows that the check or other order will not be paid by the
84	84	15 depository and that the defendant has acted with intent to
85	85	16 defraud when the defendant fails to have sufficient funds
86	86	17 or credit with the depository when the check or other
87	87	18 order is issued or delivered, or when such check or other
88	88	19 order is presented for payment and dishonored on each of 2
89	89	20 occasions at least 7 days apart. In this paragraph (B)(1),
90	90	21 "property" includes rental property (real or personal).
91	91	22 (2) He or she issues or delivers a check or other order
92	92	23 upon a real or fictitious depository in an amount
93	93	24 exceeding $150 in payment of an amount owed on any credit
94	94	25 transaction for property, labor or services, or in payment
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105	105	1 of the entire amount owed on any credit transaction for
106	106	2 property, labor or services, knowing that it will not be
107	107	3 paid by the depository, and thereafter fails to provide
108	108	4 funds or credit with the depository in the face amount of
109	109	5 the check or order within 7 days of receiving actual
110	110	6 notice from the depository or payee of the dishonor of the
111	111	7 check or order.
112	112	8 (C) Bank-related fraud.
113	113	9 (1) False statement.
114	114	10 A person commits false statement bank fraud if he or she,
115	115	11 with intent to defraud, makes or causes to be made any false
116	116	12 statement in writing in order to obtain an account with a bank
117	117	13 or other financial institution, or to obtain credit from a
118	118	14 bank or other financial institution, or to obtain services
119	119	15 from a currency exchange, knowing such writing to be false,
120	120	16 and with the intent that it be relied upon.
121	121	17 For purposes of this subsection (C), a false statement
122	122	18 means any false statement representing identity, address, or
123	123	19 employment, or the identity, address, or employment of any
124	124	20 person, firm, or corporation.
125	125	21 (2) Possession of stolen or fraudulently obtained checks.
126	126	22 A person commits possession of stolen or fraudulently
127	127	23 obtained checks when he or she possesses, with the intent to
128	128	24 obtain access to funds of another person held in a real or
129	129	25 fictitious deposit account at a financial institution, makes a
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140	140	1 false statement or a misrepresentation to the financial
141	141	2 institution, or possesses, transfers, negotiates, or presents
142	142	3 for payment a check, draft, or other item purported to direct
143	143	4 the financial institution to withdraw or pay funds out of the
144	144	5 account holder's deposit account with knowledge that such
145	145	6 possession, transfer, negotiation, or presentment is not
146	146	7 authorized by the account holder or the issuing financial
147	147	8 institution. A person shall be deemed to have been authorized
148	148	9 to possess, transfer, negotiate, or present for payment such
149	149	10 item if the person was otherwise entitled by law to withdraw or
150	150	11 recover funds from the account in question and followed the
151	151	12 requisite procedures under the law. If the account holder,
152	152	13 upon discovery of the withdrawal or payment, claims that the
153	153	14 withdrawal or payment was not authorized, the financial
154	154	15 institution may require the account holder to submit an
155	155	16 affidavit to that effect on a form satisfactory to the
156	156	17 financial institution before the financial institution may be
157	157	18 required to credit the account in an amount equal to the amount
158	158	19 or amounts that were withdrawn or paid without authorization.
159	159	20 (3) Possession of implements of check fraud.
160	160	21 A person commits possession of implements of check fraud
161	161	22 when he or she possesses, with the intent to defraud and
162	162	23 without the authority of the account holder or financial
163	163	24 institution, any check imprinter, signature imprinter, or
164	164	25 "certified" stamp.
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175	175	1 (D) Sentence.
176	176	2 (1) The commission of a deceptive practice in
177	177	3 violation of this Section, except as otherwise provided by
178	178	4 this subsection (D), is a Class A misdemeanor.
179	179	5 (2) For purposes of paragraphs (A)(1) and (B)(1):
180	180	6 (a) The commission of a deceptive practice in
181	181	7 violation of paragraph (A)(1) or (B)(1), when the
182	182	8 value of the property so obtained, in a single
183	183	9 transaction or in separate transactions within a
184	184	10 90-day period, exceeds $150, is a Class 4 felony. In
185	185	11 the case of a prosecution for separate transactions
186	186	12 totaling more than $150 within a 90-day period, those
187	187	13 separate transactions shall be alleged in a single
188	188	14 charge and prosecuted in a single prosecution.
189	189	15 (b) The commission of a deceptive practice in
190	190	16 violation of paragraph (B)(1) a second or subsequent
191	191	17 time is a Class 4 felony.
192	192	18 (c) The commission of a deceptive practice in
193	193	19 violation of paragraph (A)(4) is a Class 4 felony.
194	194	20 (3) For purposes of paragraph (C)(2), a person who,
195	195	21 within any 12-month period, violates paragraph (C)(2) with
196	196	22 respect to 3 or more checks or orders for the payment of
197	197	23 money at the same time or consecutively, each the property
198	198	24 of a different account holder or financial institution, is
199	199	25 guilty of a Class 4 felony.
200	200	26 (4) For purposes of paragraph (C)(3), a person who
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211	211	1 within any 12-month period violates paragraph (C)(3) as to
212	212	2 possession of 3 or more such devices at the same time or
213	213	3 consecutively is guilty of a Class 4 felony.
214	214	4 (E) Civil liability.
215	215	5 (1) A person who issues a check or order to a payee in
216	216	6 violation of paragraph (B)(1) and who fails to pay the
217	217	7 amount of the check or order to the payee within 30 days
218	218	8 following either delivery and acceptance by the addressee
219	219	9 of a written demand both by certified mail and by first
220	220	10 class mail to the person's last known address or attempted
221	221	11 delivery of a written demand sent both by certified mail
222	222	12 and by first class mail to the person's last known address
223	223	13 and the demand by certified mail is returned to the sender
224	224	14 with a notation that delivery was refused or unclaimed
225	225	15 shall be liable to the payee or a person subrogated to the
226	226	16 rights of the payee for, in addition to the amount owing
227	227	17 upon such check or order, damages of treble the amount so
228	228	18 owing, but in no case less than $100 nor more than $1,500,
229	229	19 plus attorney's fees and court costs. An action under this
230	230	20 subsection (E) may be brought in small claims court or in
231	231	21 any other appropriate court. As part of the written demand
232	232	22 required by this subsection (E), the plaintiff shall
233	233	23 provide written notice to the defendant of the fact that
234	234	24 prior to the hearing of any action under this subsection
235	235	25 (E), the defendant may tender to the plaintiff and the
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246	246	1 plaintiff shall accept, as satisfaction of the claim, an
247	247	2 amount of money equal to the sum of the amount of the check
248	248	3 and the incurred court costs, including the cost of
249	249	4 service of process, and attorney's fees.
250	250	5 (2) A person who violates paragraph (A)(4) is liable
251	251	6 to the owner of the residential property or any individual
252	252	7 who was induced to enter into a lease or pay a move-in fee,
253	253	8 security deposit, or rent, or similar costs. Plaintiff
254	254	9 shall be entitled to actual damages and punitive damages
255	255	10 in an amount no less than 2 times the actual damages.
256	256	11 (Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11.)
257	257	12 (720 ILCS 5/19-4) (from Ch. 38, par. 19-4)
258	258	13 Sec. 19-4. Criminal trespass to a residence.
259	259	14 (a) (1) A person commits criminal trespass to a residence
260	260	15 when, without authority, he or she knowingly enters or remains
261	261	16 within any residence, including a house trailer that is the
262	262	17 dwelling place of another.
263	263	18 (2) A person commits criminal trespass to a residence
264	264	19 when, without authority, he or she knowingly enters the
265	265	20 residence of another and knows or has reason to know that one
266	266	21 or more persons is present or he or she knowingly enters the
267	267	22 residence of another and remains in the residence after he or
268	268	23 she knows or has reason to know that one or more persons is
269	269	24 present.
270	270	25 (3) A person commits criminal trespass to a residence
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281	281	1 when, without authority, he or she knowingly enters or remains
282	282	2 within a residence that he or she knows is the residence of
283	283	3 another, including a house trailer that is the dwelling place
284	284	4 of another.
285	285	5 For purposes of this subsection, nothing in Section 9-102
286	286	6 of the Code of Civil Procedure may be construed to prohibit law
287	287	7 enforcement officials from enforcing criminal trespass to real
288	288	8 property under Sections 19-3 and 21-3 of the Criminal Code of
289	289	9 2012 or any other provision of the Criminal Code of 2012 or may
290	290	10 be construed to interfere with any ability of law enforcement
291	291	11 officials to remove persons or property from the premises when
292	292	12 there is a criminal trespass.
293	293	13 (a-3) Illegal possession of property. No person has the
294	294	14 right or legal standing to occupy or remain on or in any real
295	295	15 property, residence, or structure if the person has no written
296	296	16 property interest under a written lease or rental agreement
297	297	17 with the owner of the property listed in county tax records, or
298	298	18 the owner's agent, or no documentation of payment of rent made
299	299	19 to the owner of the property, or the owner's agent. All persons
300	300	20 legally occupying a property, residence, or structure shall be
301	301	21 listed by name and date of birth on a lease, rental agreement,
302	302	22 or rental application associated with the lease or rental
303	303	23 agreement or provide evidence that the person is an invitee of
304	304	24 a lessee or authorized occupant of the property. No subleasing
305	305	25 shall be allowed or deemed as legal in contrast to a lease or
306	306	26 rental agreement that specifically prohibits subleases. A
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