Illinois General Assembly - Bill Status for HB2971
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 Bill Status of HB2971  103rd General Assembly


Short Description:  REMOVAL-UNAUTHORIZED PERSONS

House Sponsors
Rep. Christopher "C.D." Davidsmeyer

Last Action
DateChamber Action
  2/16/2023HouseReferred to Rules Committee

Statutes Amended In Order of Appearance
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


Synopsis As Introduced
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.

Actions 
DateChamber Action
  2/16/2023HouseFiled with the Clerk by Rep. Christopher "C.D." Davidsmeyer
  2/16/2023HouseFirst Reading
  2/16/2023HouseReferred to Rules Committee

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