Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1985 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1985 Introduced 2/6/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: New Act720 ILCS 5/21-3.5 new720 ILCS 5/21-3.7 new Creates the Stop Squatters Act. Creates a process for local law enforcement to remove a person who is unlawfully occupying residential or commercial property without any right to do so. Requires the property owner to file a complaint with local law enforcement alleging facts to trigger the Act. Provides that law enforcement is entitled to a reasonable fee to remove an unauthorized occupant and provides legal protection to law enforcement for acting on a complaint. Provides that if the complaint is found to be false, the property owner shall indemnity the law enforcement agency. Creates a civil action of action for a person who was wrongfully removed. Creates a civil cause of action for the property owner for damages by the wrongful occupant. Amends the Criminal Code of 20212. Creates a Class 4 felony for making a false statement to detain real property and fraudulent sale or lease of residential real property". LRB104 10293 JRC 20367 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1985 Introduced 2/6/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: New Act720 ILCS 5/21-3.5 new720 ILCS 5/21-3.7 new New Act 720 ILCS 5/21-3.5 new 720 ILCS 5/21-3.7 new Creates the Stop Squatters Act. Creates a process for local law enforcement to remove a person who is unlawfully occupying residential or commercial property without any right to do so. Requires the property owner to file a complaint with local law enforcement alleging facts to trigger the Act. Provides that law enforcement is entitled to a reasonable fee to remove an unauthorized occupant and provides legal protection to law enforcement for acting on a complaint. Provides that if the complaint is found to be false, the property owner shall indemnity the law enforcement agency. Creates a civil action of action for a person who was wrongfully removed. Creates a civil cause of action for the property owner for damages by the wrongful occupant. Amends the Criminal Code of 20212. Creates a Class 4 felony for making a false statement to detain real property and fraudulent sale or lease of residential real property". LRB104 10293 JRC 20367 b LRB104 10293 JRC 20367 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1985 Introduced 2/6/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
3	3	New Act720 ILCS 5/21-3.5 new720 ILCS 5/21-3.7 new New Act 720 ILCS 5/21-3.5 new 720 ILCS 5/21-3.7 new
4	4	New Act
5	5	720 ILCS 5/21-3.5 new
6	6	720 ILCS 5/21-3.7 new
7	7	Creates the Stop Squatters Act. Creates a process for local law enforcement to remove a person who is unlawfully occupying residential or commercial property without any right to do so. Requires the property owner to file a complaint with local law enforcement alleging facts to trigger the Act. Provides that law enforcement is entitled to a reasonable fee to remove an unauthorized occupant and provides legal protection to law enforcement for acting on a complaint. Provides that if the complaint is found to be false, the property owner shall indemnity the law enforcement agency. Creates a civil action of action for a person who was wrongfully removed. Creates a civil cause of action for the property owner for damages by the wrongful occupant. Amends the Criminal Code of 20212. Creates a Class 4 felony for making a false statement to detain real property and fraudulent sale or lease of residential real property".
8	8	LRB104 10293 JRC 20367 b LRB104 10293 JRC 20367 b
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10	10	A BILL FOR
11	11	SB1985LRB104 10293 JRC 20367 b SB1985 LRB104 10293 JRC 20367 b
12	12	SB1985 LRB104 10293 JRC 20367 b
13	13	1 AN ACT concerning civil law.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 1. Short title.This may be referred to as the Stop
17	17	5 Squatters Act.
18	18	6 Section 5. Legislative intent. The General Assembly finds
19	19	7 that the right to exclude others from entering and the right to
20	20	8 direct others to immediately vacate residential and commercial
21	21	9 real property are fundamental property rights.
22	22	10 Section 10. Process to remove unlawful occupant.
23	23	11 (a) Notwithstanding any other law, a property owner or
24	24	12 authorized agent may request that the county sheriff or the
25	25	13 chief of police of the local jurisdiction to immediately
26	26	14 remove any person or persons unlawfully occupying a
27	27	15 residential dwelling or commercial building if the following
28	28	16 conditions are met:
29	29	17 (1) The requesting person is the property owner or
30	30	18 authorized agent.
31	31	19 (2) The real property includes a residential dwelling
32	32	20 or commercial building.
33	33	21 (3) An unauthorized person or persons are unlawfully
34	34	22 occupying the property.
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1985 Introduced 2/6/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
39	39	New Act720 ILCS 5/21-3.5 new720 ILCS 5/21-3.7 new New Act 720 ILCS 5/21-3.5 new 720 ILCS 5/21-3.7 new
40	40	New Act
41	41	720 ILCS 5/21-3.5 new
42	42	720 ILCS 5/21-3.7 new
43	43	Creates the Stop Squatters Act. Creates a process for local law enforcement to remove a person who is unlawfully occupying residential or commercial property without any right to do so. Requires the property owner to file a complaint with local law enforcement alleging facts to trigger the Act. Provides that law enforcement is entitled to a reasonable fee to remove an unauthorized occupant and provides legal protection to law enforcement for acting on a complaint. Provides that if the complaint is found to be false, the property owner shall indemnity the law enforcement agency. Creates a civil action of action for a person who was wrongfully removed. Creates a civil cause of action for the property owner for damages by the wrongful occupant. Amends the Criminal Code of 20212. Creates a Class 4 felony for making a false statement to detain real property and fraudulent sale or lease of residential real property".
44	44	LRB104 10293 JRC 20367 b LRB104 10293 JRC 20367 b
45	45	LRB104 10293 JRC 20367 b
46	46	A BILL FOR
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52	52	New Act
53	53	720 ILCS 5/21-3.5 new
54	54	720 ILCS 5/21-3.7 new
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73	73	1 (4) The property was not open to the public at the time
74	74	2 of entry.
75	75	3 (5) The property owner has directed the unauthorized
76	76	4 person or persons to leave.
77	77	5 (6) The unauthorized person or persons are not current
78	78	6 or former tenants.
79	79	7 (7) The unauthorized person or persons are not
80	80	8 immediate family members of the property owner.
81	81	9 (8) No pending litigation exists between the property
82	82	10 owner and the unauthorized person or persons.
83	83	11 (b) To request the immediate removal under this
84	84	12 Section, the property owner or authorized agent must
85	85	13 submit a completed and verified complaint that includes
86	86	14 the information in subsection (a) to the sheriff or police
87	87	15 chief.
88	88	16 (c) Upon receipt of the complaint, the law enforcement
89	89	17 agency that receives the complaint shall conduct
90	90	18 preliminary fact-finding, which may include reviewing any
91	91	19 alleged lease agreement, talking to neighbors, and other
92	92	20 relevant inquiries to ascertain the validity of the
93	93	21 complaint. If the preliminary fact-finding indicates
94	94	22 probable cause that the above conditions outlined in this
95	95	23 Section are met, then the law enforcement agency shall
96	96	24 serve a notice to immediately vacate on the unlawful
97	97	25 occupants and put the property owner in possession of the
98	98	26 real property.
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109	109	1 (d) The law enforcement agency is entitled to a
110	110	2 reasonable fee for service to be determined by the unit of
111	111	3 local government that the law enforcement agency serves.
112	112	4 Upon serving the notice, the property owner may request
113	113	5 the law enforcement agency to remain to keep the peace
114	114	6 while changing locks and removing personal property of the
115	115	7 unlawful occupants.
116	116	8 (e) The property owner who submits a complaint under
117	117	9 this Section that turns out to be false shall indemnify
118	118	10 the law enforcement agency and its agents for any damages
119	119	11 awarded against the law enforcement agency or its agents
120	120	12 for their good faith conduct that was based on the
121	121	13 complaint. A civil cause of action for wrongful removal of
122	122	14 the occupant is allowed, with remedies, including
123	123	15 restoration of possession, actual costs, damages, and
124	124	16 attorney's fees.
125	125	17 (f) This Section does not limit other rights of the
126	126	18 property owner or law enforcement authority.
127	127	19 Section 15. Civil action for violation. A property owner
128	128	20 may file a civil action against a person who unlawfully
129	129	21 occupies a residential dwelling or commercial building in
130	130	22 violation of this Act and intentionally damages them. The
131	131	23 court shall award the property owner the owner's actual
132	132	24 damages or $1,000, whichever is greater. If the court finds
133	133	25 for the property owner, the defendant must also pay the
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144	144	1 attorney's fees and costs of the property owner for bringing
145	145	2 the civil action.
146	146	3 Section 20. The Criminal Code of 2012 is amended by adding
147	147	4 Sections 21-3.5 and 21-3.7 as follows:
148	148	5 (720 ILCS 5/21-3.5 new)
149	149	6 Sec. 21-3.5. Making false statement to detain real
150	150	7 property.
151	151	8 (a) A person commits making a false statement to detain
152	152	9 property when the person knowingly presents a false document
153	153	10 purporting to convey real property rights.
154	154	11 (b) Sentence. A violation of this Section is a Class 4
155	155	12 felony.
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