Illinois General Assembly - Full Text of SB1985

LRB104 10293 JRC 20367 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1985

Introduced 2/6/2025, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:

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".

A BILL FOR

AN ACT concerning civil law.

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

Section 1. Short title.This may be referred to as the Stop Squatters Act.

Section 5. Legislative intent. The General Assembly finds that the right to exclude others from entering and the right to direct others to immediately vacate residential and commercial real property are fundamental property rights.

Section 10. Process to remove unlawful occupant.

(a) Notwithstanding any other law, a property owner or authorized agent may request that the county sheriff or the chief of police of the local jurisdiction to immediately remove any person or persons unlawfully occupying a residential dwelling or commercial building if the following conditions are met:

(1) The requesting person is the property owner or authorized agent.

(2) The real property includes a residential dwelling or commercial building.

(3) An unauthorized person or persons are unlawfully occupying the property.

(4) The property was not open to the public at the time of entry.

(5) The property owner has directed the unauthorized person or persons to leave.

(6) The unauthorized person or persons are not current or former tenants.

(7) The unauthorized person or persons are not immediate family members of the property owner.

(8) No pending litigation exists between the property owner and the unauthorized person or persons.

(b) To request the immediate removal under this Section, the property owner or authorized agent must submit a completed and verified complaint that includes the information in subsection (a) to the sheriff or police chief.

(c) Upon receipt of the complaint, the law enforcement agency that receives the complaint shall conduct preliminary fact-finding, which may include reviewing any alleged lease agreement, talking to neighbors, and other relevant inquiries to ascertain the validity of the complaint. If the preliminary fact-finding indicates probable cause that the above conditions outlined in this Section are met, then the law enforcement agency shall serve a notice to immediately vacate on the unlawful occupants and put the property owner in possession of the real property.

(d) The law enforcement agency is entitled to a reasonable fee for service to be determined by the unit of local government that the law enforcement agency serves. Upon serving the notice, the property owner may request the law enforcement agency to remain to keep the peace while changing locks and removing personal property of the unlawful occupants.

(e) The property owner who submits a complaint under this Section that turns out to be false shall indemnify the law enforcement agency and its agents for any damages awarded against the law enforcement agency or its agents for their good faith conduct that was based on the complaint. A civil cause of action for wrongful removal of the occupant is allowed, with remedies, including restoration of possession, actual costs, damages, and attorney's fees.

(f) This Section does not limit other rights of the property owner or law enforcement authority.

Section 15. Civil action for violation. A property owner may file a civil action against a person who unlawfully occupies a residential dwelling or commercial building in violation of this Act and intentionally damages them. The court shall award the property owner the owner's actual damages or $1,000, whichever is greater. If the court finds for the property owner, the defendant must also pay the attorney's fees and costs of the property owner for bringing the civil action.

Section 20. The Criminal Code of 2012 is amended by adding Sections 21-3.5 and 21-3.7 as follows:

(720 ILCS 5/21-3.5 new)

Sec. 21-3.5. Making false statement to detain real property.

(a) A person commits making a false statement to detain property when the person knowingly presents a false document purporting to convey real property rights.

(b) Sentence. A violation of this Section is a Class 4 felony.

(720 ILCS 5/21-3.7 new)

Sec. 21-3.7. Fraudulent sale or lease of residential real property.

(a) A person commits a fraudulent sale or lease of residential real property when the person knowingly lists or advertises residential real property or a commercial building for sale or rent without legal title or authority to do so.

(b) Sentence. A violation of this Section is a Class 4 felony.