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Illinois House Bill HB1409

Illinois 2025-2026 Regular Session

Illinois House Bill HB1409 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1409 Introduced , by Rep. Christopher "C.D." Davidsmeyer SYNOPSIS AS INTRODUCED: 735 ILCS 5/Art. IXa heading new735 ILCS 5/9a-5 new735 ILCS 5/9a-10 new735 ILCS 5/9a-15 new735 ILCS 5/9a-20 new735 ILCS 5/9a-25 new735 ILCS 5/9a-30 new735 ILCS 5/9a-35 new735 ILCS 5/9a-40 new Amends the Code of Civil Procedure. Adds an Article concerning the removal of unauthorized persons. Defines "unauthorized person" as a person who occupies an uninhabited or vacant residential premises without any current or prior agreement or consent of the owner or an authorized agent of the owner, whether written or oral, concerning the use of the residential premises. Provides that the owner of residential premises, or the owner's authorized agent, may initiate the investigation of and request the removal of an unauthorized person or persons from the residential premises by filing with the circuit court a complaint and a verified motion for a mandatory injunction restoring possession of the residential property to the owner or lawful occupant. Provides that the court shall conduct a hearing on the motion as soon as practicable, but in no event later than the next court day after the filing of the motion, unless a later date is requested by the moving party. Provides that, no later than 24 hours after receipt of an order for mandatory injunction, a sheriff or deputy sheriff, shall: (1) remove the person or persons from the residential premises, with or without arresting the person or persons; and (2) order the person or persons to remain off the residential premises or be subject to arrest for criminal trespass. Provides a statutory form for the verified motion and adds provisions governing: falsification of a verified motion; service of summons; defenses; judgment; and execution of orders. LRB104 07620 JRC 17664 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1409 Introduced , by Rep. Christopher "C.D." Davidsmeyer SYNOPSIS AS INTRODUCED: 735 ILCS 5/Art. IXa heading new735 ILCS 5/9a-5 new735 ILCS 5/9a-10 new735 ILCS 5/9a-15 new735 ILCS 5/9a-20 new735 ILCS 5/9a-25 new735 ILCS 5/9a-30 new735 ILCS 5/9a-35 new735 ILCS 5/9a-40 new 735 ILCS 5/Art. IXa heading new 735 ILCS 5/9a-5 new 735 ILCS 5/9a-10 new 735 ILCS 5/9a-15 new 735 ILCS 5/9a-20 new 735 ILCS 5/9a-25 new 735 ILCS 5/9a-30 new 735 ILCS 5/9a-35 new 735 ILCS 5/9a-40 new Amends the Code of Civil Procedure. Adds an Article concerning the removal of unauthorized persons. Defines "unauthorized person" as a person who occupies an uninhabited or vacant residential premises without any current or prior agreement or consent of the owner or an authorized agent of the owner, whether written or oral, concerning the use of the residential premises. Provides that the owner of residential premises, or the owner's authorized agent, may initiate the investigation of and request the removal of an unauthorized person or persons from the residential premises by filing with the circuit court a complaint and a verified motion for a mandatory injunction restoring possession of the residential property to the owner or lawful occupant. Provides that the court shall conduct a hearing on the motion as soon as practicable, but in no event later than the next court day after the filing of the motion, unless a later date is requested by the moving party. Provides that, no later than 24 hours after receipt of an order for mandatory injunction, a sheriff or deputy sheriff, shall: (1) remove the person or persons from the residential premises, with or without arresting the person or persons; and (2) order the person or persons to remain off the residential premises or be subject to arrest for criminal trespass. Provides a statutory form for the verified motion and adds provisions governing: falsification of a verified motion; service of summons; defenses; judgment; and execution of orders. LRB104 07620 JRC 17664 b LRB104 07620 JRC 17664 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1409 Introduced , by Rep. Christopher "C.D." Davidsmeyer SYNOPSIS AS INTRODUCED:
33 735 ILCS 5/Art. IXa heading new735 ILCS 5/9a-5 new735 ILCS 5/9a-10 new735 ILCS 5/9a-15 new735 ILCS 5/9a-20 new735 ILCS 5/9a-25 new735 ILCS 5/9a-30 new735 ILCS 5/9a-35 new735 ILCS 5/9a-40 new 735 ILCS 5/Art. IXa heading new 735 ILCS 5/9a-5 new 735 ILCS 5/9a-10 new 735 ILCS 5/9a-15 new 735 ILCS 5/9a-20 new 735 ILCS 5/9a-25 new 735 ILCS 5/9a-30 new 735 ILCS 5/9a-35 new 735 ILCS 5/9a-40 new
44 735 ILCS 5/Art. IXa heading new
55 735 ILCS 5/9a-5 new
66 735 ILCS 5/9a-10 new
77 735 ILCS 5/9a-15 new
88 735 ILCS 5/9a-20 new
99 735 ILCS 5/9a-25 new
1010 735 ILCS 5/9a-30 new
1111 735 ILCS 5/9a-35 new
1212 735 ILCS 5/9a-40 new
1313 Amends the Code of Civil Procedure. Adds an Article concerning the removal of unauthorized persons. Defines "unauthorized person" as a person who occupies an uninhabited or vacant residential premises without any current or prior agreement or consent of the owner or an authorized agent of the owner, whether written or oral, concerning the use of the residential premises. Provides that the owner of residential premises, or the owner's authorized agent, may initiate the investigation of and request the removal of an unauthorized person or persons from the residential premises by filing with the circuit court a complaint and a verified motion for a mandatory injunction restoring possession of the residential property to the owner or lawful occupant. Provides that the court shall conduct a hearing on the motion as soon as practicable, but in no event later than the next court day after the filing of the motion, unless a later date is requested by the moving party. Provides that, no later than 24 hours after receipt of an order for mandatory injunction, a sheriff or deputy sheriff, shall: (1) remove the person or persons from the residential premises, with or without arresting the person or persons; and (2) order the person or persons to remain off the residential premises or be subject to arrest for criminal trespass. Provides a statutory form for the verified motion and adds provisions governing: falsification of a verified motion; service of summons; defenses; judgment; and execution of orders.
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1919 1 AN ACT concerning civil law.
2020 2 Be it enacted by the People of the State of Illinois,
2121 3 represented in the General Assembly:
2222 4 Section 1. Findings. The General Assembly finds as
2323 5 follows:
2424 6 (1) Individuals unlawfully entering onto residential
2525 7 property, commonly known as squatters, may use sophisticated
2626 8 methods to victimize property owners, such as finding vacant
2727 9 properties through online listings and using computers and
2828 10 printers to create fraudulent leases and other fraudulent
2929 11 legal documents. Some of these individuals change the locks
3030 12 and threaten anyone who asks them to leave.
3131 13 (2) Despite the lack of a landlord-tenant relationship,
3232 14 existing landlord-tenant law sometimes gives protections to
3333 15 these individuals that are similar to the legal protections
3434 16 given to holdover tenants and tenants who are involved in
3535 17 disputes with their landlords.
3636 18 (3) Some of these individuals vandalize the residences
3737 19 they occupy. Property owners may have little or no legal
3838 20 recourse against these individuals for such damage because
3939 21 these individuals may lie about their identity and abscond
4040 22 when they find it convenient.
4141 23 (4) An expedited legal process is needed to enable owners
4242 24 of residential property to remove these individuals and
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4646 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1409 Introduced , by Rep. Christopher "C.D." Davidsmeyer SYNOPSIS AS INTRODUCED:
4747 735 ILCS 5/Art. IXa heading new735 ILCS 5/9a-5 new735 ILCS 5/9a-10 new735 ILCS 5/9a-15 new735 ILCS 5/9a-20 new735 ILCS 5/9a-25 new735 ILCS 5/9a-30 new735 ILCS 5/9a-35 new735 ILCS 5/9a-40 new 735 ILCS 5/Art. IXa heading new 735 ILCS 5/9a-5 new 735 ILCS 5/9a-10 new 735 ILCS 5/9a-15 new 735 ILCS 5/9a-20 new 735 ILCS 5/9a-25 new 735 ILCS 5/9a-30 new 735 ILCS 5/9a-35 new 735 ILCS 5/9a-40 new
4848 735 ILCS 5/Art. IXa heading new
4949 735 ILCS 5/9a-5 new
5050 735 ILCS 5/9a-10 new
5151 735 ILCS 5/9a-15 new
5252 735 ILCS 5/9a-20 new
5353 735 ILCS 5/9a-25 new
5454 735 ILCS 5/9a-30 new
5555 735 ILCS 5/9a-35 new
5656 735 ILCS 5/9a-40 new
5757 Amends the Code of Civil Procedure. Adds an Article concerning the removal of unauthorized persons. Defines "unauthorized person" as a person who occupies an uninhabited or vacant residential premises without any current or prior agreement or consent of the owner or an authorized agent of the owner, whether written or oral, concerning the use of the residential premises. Provides that the owner of residential premises, or the owner's authorized agent, may initiate the investigation of and request the removal of an unauthorized person or persons from the residential premises by filing with the circuit court a complaint and a verified motion for a mandatory injunction restoring possession of the residential property to the owner or lawful occupant. Provides that the court shall conduct a hearing on the motion as soon as practicable, but in no event later than the next court day after the filing of the motion, unless a later date is requested by the moving party. Provides that, no later than 24 hours after receipt of an order for mandatory injunction, a sheriff or deputy sheriff, shall: (1) remove the person or persons from the residential premises, with or without arresting the person or persons; and (2) order the person or persons to remain off the residential premises or be subject to arrest for criminal trespass. Provides a statutory form for the verified motion and adds provisions governing: falsification of a verified motion; service of summons; defenses; judgment; and execution of orders.
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7373 735 ILCS 5/9a-35 new
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9393 1 minimize vandalism.
9494 2 Section 5. The Code of Civil Procedure is amended by
9595 3 adding Article IXa as follows:
9696 4 (735 ILCS 5/Art. IXa heading new)
9797 5 ARTICLE IXa.
9898 6 REMOVAL OF UNAUTHORIZED PERSONS
9999 7 (735 ILCS 5/9a-5 new)
100100 8 Sec. 9a-5. Definitions. As used in this Article:
101101 9 "Residential premises" means a dwelling unit, the
102102 10 structure of which the unit is a part, and any immediately
103103 11 surrounding property that is owned by or subject to the
104104 12 exclusive control of the same person as the dwelling unit
105105 13 itself.
106106 14 "Unauthorized person" means a person who occupies an
107107 15 uninhabited or vacant residential premises without any current
108108 16 or prior agreement or consent of the owner or an authorized
109109 17 agent of the owner, whether written or oral, concerning the
110110 18 use of the residential premises. "Unauthorized person" does
111111 19 not include:
112112 20 (1) a relative of the property owner or a relative of
113113 21 an authorized agent of the property owner, including a
114114 22 spouse, descendant, stepchild, parent, stepparent,
115115 23 grandparent, brother, sister, uncle, or aunt, whether
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126126 1 related by whole or half blood or by adoption;
127127 2 (2) a person or persons from whom the owner or an
128128 3 authorized agent of the owner has accepted money or
129129 4 anything of value; or
130130 5 (3) a person who was previously given permission to
131131 6 enter and remain on the premises.
132132 7 (735 ILCS 5/9a-10 new)
133133 8 Sec. 9a-10. Action to restore possession. The owner of
134134 9 residential premises, or the owner's authorized agent, may
135135 10 initiate the investigation of and request the removal of an
136136 11 unauthorized person or persons from the residential premises
137137 12 by filing with the circuit court a complaint and a verified
138138 13 motion for a mandatory injunction restoring possession of the
139139 14 residential property to the owner or lawful occupant. To the
140140 15 extent known or reasonably ascertainable, the verified motion
141141 16 must identify the unauthorized person or persons and include
142142 17 statements substantially as follows:
143143 18 VERIFIED MOTION FOR ORDER TO REMOVE UNAUTHORIZED PERSONS
144144 19 The undersigned owner, or authorized agent of the owner,
145145 20 of the residential premises located at .......... requests
146146 21 that the court hold a hearing within one court day and that the
147147 22 court enter a mandatory injunction and issue an order that the
148148 23 person or persons currently occupying the residential premises
149149 24 be removed from the premises and be ordered not to return to
150150 25 the premises. In support of the request, the undersigned owner
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161161 1 or authorized agent hereby represents and declares under the
162162 2 penalty of perjury that (initial each box):
163163 3 1. (.....) The declarant is the owner of the premises or
164164 4 the authorized agent of the owner of the premises.
165165 5 2. (.....) An unauthorized person or persons have entered
166166 6 and are remaining unlawfully on the premises.
167167 7 3. (.....) Neither the owner nor an authorized agent of
168168 8 the owner has ever given permission for the unauthorized
169169 9 person or persons to enter and remain on the premises.
170170 10 4. (.....) Neither the owner nor an authorized agent of
171171 11 the owner has ever had a written or oral agreement with the
172172 12 unauthorized person or persons regarding the use of the
173173 13 premises.
174174 14 5. (.....) Neither the owner nor an authorized agent of
175175 15 the owner is related to the unauthorized person or persons.
176176 16 6. (.....) Neither the owner nor an authorized agent of
177177 17 the owner has ever accepted money or anything of value from the
178178 18 unauthorized person or persons regarding the use of the
179179 19 premises.
180180 20 7. (.....) The declarant has demanded that the
181181 21 unauthorized person or persons vacate the premises, but they
182182 22 have not done so.
183183 23 8. (.....) The declarant has informed the unauthorized
184184 24 person or persons that he or she is going to court to request a
185185 25 mandatory injunction restoring the owner to possession and
186186 26 shall deliver a copy of this Verified Motion for Order to
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197197 1 Remove Unauthorized Persons to the unauthorized person or
198198 2 persons.
199199 3 9. (.....) Additional optional explanatory comments or
200200 4 statement that the premises has been altered or damaged:
201201 5 .............................................................
202202 6 (735 ILCS 5/9a-15 new)
203203 7 Sec. 9a-15. Falsification of verified motion. A declarant
204204 8 who falsely swears on a motion filed with the court under
205205 9 Section 9a-10 may be:
206206 10 (1) subject to sanctions by the court;
207207 11 (2) held in contempt of court; or
208208 12 (3) prosecuted for perjury.
209209 13 (735 ILCS 5/9a-20 new)
210210 14 Sec. 9a-20. Expedited hearing required. The court shall
211211 15 consider the complaint and motion for mandatory injunction
212212 16 under this Article and conduct a hearing on the motion as soon
213213 17 as practicable, but in no event later than the next court day
214214 18 after the filing of the motion, unless a later date is
215215 19 requested by the moving party.
216216 20 (735 ILCS 5/9a-25 new)
217217 21 Sec. 9a-25. Service of summons.
218218 22 (a) The summons, complaint, motion, and notice required by
219219 23 subsection (c) shall be served by personal service upon the
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230230 1 defendant, as in any civil action, by a person qualified to
231231 2 serve process, or service may be made by posting a copy of the
232232 3 summons, complaint, motion, and notice required by subsection
233233 4 (c) in some conspicuous place upon the premises.
234234 5 (b) Personal service or service by posting must be made at
235235 6 least 24 hours before the time for appearance specified in the
236236 7 summons and notice, and the time and manner of the service must
237237 8 be endorsed upon such summons by the person making service
238238 9 thereof.
239239 10 (c) The written notice of the date, time, and location of
240240 11 the hearing must be served with the complaint. The notice must
241241 12 be printed in black ink and have a font size of not less than
242242 13 12 and in substantially the following form:
243243 14 NOTICE
244244 15 On (date), (year), at (time) in Courtroom (number),
245245 16 (courthouse name), (courthouse address), the Court will hold a
246246 17 hearing on a Motion for an Order for Mandatory Injunction and
247247 18 Order to require the removal from the residential premises
248248 19 located at (residential premises address) of each unauthorized
249249 20 person identified in the motion that accompanies this notice.
250250 21 If you are identified as an unauthorized person and if you
251251 22 believe that is not true, then you must attend the hearing and
252252 23 present any evidence supporting your position. IF YOU FAIL TO
253253 24 ATTEND THE HEARING, THE COURT MAY ENTER AN ORDER INSTRUCTING
254254 25 THE SHERIFF TO REMOVE YOU FROM THE RESIDENTIAL PREMISES
255255 26 IMMEDIATELY.
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266266 1 (735 ILCS 5/9a-30 new)
267267 2 Sec. 9a-30. Defense permitted. Any occupant of the
268268 3 residential premises who disputes that the occupant is an
269269 4 unauthorized person may appear at the hearing and must be
270270 5 permitted to provide testimony and other evidence that the
271271 6 occupant is not an unauthorized person. The court, in its
272272 7 discretion, may accept a written statement submitted to the
273273 8 court prior to the commencement of the hearing in lieu of
274274 9 personal testimony from the occupant.
275275 10 (735 ILCS 5/9a-35 new)
276276 11 Sec. 9a-35. Judgment.
277277 12 (a) If no person identified in the motion as an
278278 13 unauthorized person appears at the hearing, and no written
279279 14 statement that the court deems sufficient is filed in
280280 15 opposition to the motion, the court may proceed to rule on the
281281 16 motion based on the contents of the motion and any additional
282282 17 testimony offered by the moving party. The court may, but need
283283 18 not, require the moving party to confirm in oral testimony the
284284 19 facts recited in the motion and may make such other inquiry of
285285 20 the owner or authorized agent as the court determines proper
286286 21 under the circumstances. After taking testimony from the
287287 22 moving party and any occupant who contests the motion or after
288288 23 considering the content of the motion or written statement,
289289 24 the court shall determine whether the occupant is an
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300300 1 unauthorized person. If the court determines that the occupant
301301 2 is an unauthorized person, the court shall enter an order for a
302302 3 mandatory injunction and issue an order prior to adjourning
303303 4 the hearing, which order may include such additional terms or
304304 5 limitations as the court may in its discretion determine
305305 6 necessary and equitable under the circumstances. If the court
306306 7 determines that the occupant is not an unauthorized person,
307307 8 the court shall deny the motion for an order for mandatory
308308 9 injunction. If an order for mandatory injunction is denied,
309309 10 the owner is not prejudiced from thereafter commencing an
310310 11 eviction under Article IX.
311311 12 (b) The court shall not require the appointment of an
312312 13 attorney to represent any occupant or other interested person
313313 14 as a condition of considering a motion under this Article.
314314 15 (c) If the court enters the order for mandatory injunction
315315 16 and issues a removal order, the owner or his or her authorized
316316 17 agent may deliver the order for mandatory injunction to the
317317 18 sheriff having jurisdiction to enforce the order.
318318 19 (735 ILCS 5/9a-40 new)
319319 20 Sec. 9a-40. Execution of order.
320320 21 (a) An order under this Article may not be stayed for any
321321 22 period in excess of 7 days by the court unless all parties
322322 23 agree to a longer period. Thereafter, the owner shall be
323323 24 entitled to re-enter the premises immediately.
324324 25 (b) No later than 24 hours after receipt of an order for
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