SB3951 103RD GENERAL ASSEMBLY

LRB103 40625 JRC 73313 b

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. 17-1
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.

A BILL FOR

AN ACT concerning evictions.

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

Section 5. The Criminal Code of 2012 is amended by changing Sections 17-1 and 19-4 as follows:

(720 ILCS 5/17-1) (from Ch. 38, par. 17-1)

Sec. 17-1. Deceptive practices.

(A) General deception.

A person commits a deceptive practice when, with intent to defraud, the person does any of the following:

(1) He or she knowingly causes another, by deception or threat, to execute a document disposing of property or a document by which a pecuniary obligation is incurred.

(2) Being an officer, manager or other person participating in the direction of a financial institution, he or she knowingly receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent.

(3) He or she knowingly makes a false or deceptive statement addressed to the public for the purpose of promoting the sale of property or services.

(4) He or she knowingly represents to be the owner or agent of residential property for the purpose of entering into a lease agreement with another or collecting a security deposit, move-in fee, or rent from another.

(B) Bad checks.

A person commits a deceptive practice when:

(1) With intent to obtain control over property or to pay for property, labor or services of another, or in satisfaction of an obligation for payment of tax under the Retailers' Occupation Tax Act or any other tax due to the State of Illinois, he or she issues or delivers a check or other order upon a real or fictitious depository for the payment of money, knowing that it will not be paid by the depository. The trier of fact may infer that the defendant knows that the check or other order will not be paid by the depository and that the defendant has acted with intent to defraud when the defendant fails to have sufficient funds or credit with the depository when the check or other order is issued or delivered, or when such check or other order is presented for payment and dishonored on each of 2 occasions at least 7 days apart. In this paragraph (B)(1), "property" includes rental property (real or personal).

(2) He or she issues or delivers a check or other order upon a real or fictitious depository in an amount exceeding $150 in payment of an amount owed on any credit transaction for property, labor or services, or in payment of the entire amount owed on any credit transaction for property, labor or services, knowing that it will not be paid by the depository, and thereafter fails to provide funds or credit with the depository in the face amount of the check or order within 7 days of receiving actual notice from the depository or payee of the dishonor of the check or order.

(C) Bank-related fraud.

(1) False statement.

A person commits false statement bank fraud if he or she, with intent to defraud, makes or causes to be made any false statement in writing in order to obtain an account with a bank or other financial institution, or to obtain credit from a bank or other financial institution, or to obtain services from a currency exchange, knowing such writing to be false, and with the intent that it be relied upon.

For purposes of this subsection (C), a false statement means any false statement representing identity, address, or employment, or the identity, address, or employment of any person, firm, or corporation.

(2) Possession of stolen or fraudulently obtained checks.

A person commits possession of stolen or fraudulently obtained checks when he or she possesses, with the intent to obtain access to funds of another person held in a real or fictitious deposit account at a financial institution, makes a false statement or a misrepresentation to the financial institution, or possesses, transfers, negotiates, or presents for payment a check, draft, or other item purported to direct the financial institution to withdraw or pay funds out of the account holder's deposit account with knowledge that such possession, transfer, negotiation, or presentment is not authorized by the account holder or the issuing financial institution. A person shall be deemed to have been authorized to possess, transfer, negotiate, or present for payment such item if the person was otherwise entitled by law to withdraw or recover funds from the account in question and followed the requisite procedures under the law. If the account holder, upon discovery of the withdrawal or payment, claims that the withdrawal or payment was not authorized, the financial institution may require the account holder to submit an affidavit to that effect on a form satisfactory to the financial institution before the financial institution may be required to credit the account in an amount equal to the amount or amounts that were withdrawn or paid without authorization.

(3) Possession of implements of check fraud.

A person commits possession of implements of check fraud when he or she possesses, with the intent to defraud and without the authority of the account holder or financial institution, any check imprinter, signature imprinter, or "certified" stamp.

(D) Sentence.

(1) The commission of a deceptive practice in violation of this Section, except as otherwise provided by this subsection (D), is a Class A misdemeanor.

(2) For purposes of paragraphs (A)(1) and (B)(1):

(a) The commission of a deceptive practice in violation of paragraph (A)(1) or (B)(1), when the value of the property so obtained, in a single transaction or in separate transactions within a 90-day period, exceeds $150, is a Class 4 felony. In the case of a prosecution for separate transactions totaling more than $150 within a 90-day period, those separate transactions shall be alleged in a single charge and prosecuted in a single prosecution.

(b) The commission of a deceptive practice in violation of paragraph (B)(1) a second or subsequent time is a Class 4 felony.

(c) The commission of a deceptive practice in violation of paragraph (A)(4) is a Class 4 felony.

(3) For purposes of paragraph (C)(2), a person who, within any 12-month period, violates paragraph (C)(2) with respect to 3 or more checks or orders for the payment of money at the same time or consecutively, each the property of a different account holder or financial institution, is guilty of a Class 4 felony.

(4) For purposes of paragraph (C)(3), a person who within any 12-month period violates paragraph (C)(3) as to possession of 3 or more such devices at the same time or consecutively is guilty of a Class 4 felony.

(E) Civil liability.

(1) A person who issues a check or order to a payee in violation of paragraph (B)(1) and who fails to pay the amount of the check or order to the payee within 30 days following either delivery and acceptance by the addressee of a written demand both by certified mail and by first class mail to the person's last known address or attempted delivery of a written demand sent both by certified mail and by first class mail to the person's last known address and the demand by certified mail is returned to the sender with a notation that delivery was refused or unclaimed shall be liable to the payee or a person subrogated to the rights of the payee for, in addition to the amount owing upon such check or order, damages of treble the amount so owing, but in no case less than $100 nor more than $1,500, plus attorney's fees and court costs. An action under this subsection (E) may be brought in small claims court or in any other appropriate court. As part of the written demand required by this subsection (E), the plaintiff shall provide written notice to the defendant of the fact that prior to the hearing of any action under this subsection (E), the defendant may tender to the plaintiff and the plaintiff shall accept, as satisfaction of the claim, an amount of money equal to the sum of the amount of the check and the incurred court costs, including the cost of service of process, and attorney's fees.

(2) A person who violates paragraph (A)(4) is liable to the owner of the residential property or any individual who was induced to enter into a lease or pay a move-in fee, security deposit, or rent, or similar costs. Plaintiff shall be entitled to actual damages and punitive damages in an amount no less than 2 times the actual damages.

(Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11.)

(720 ILCS 5/19-4) (from Ch. 38, par. 19-4)

Sec. 19-4. Criminal trespass to a residence.

(a) (1) A person commits criminal trespass to a residence when, without authority, he or she knowingly enters or remains within any residence, including a house trailer that is the dwelling place of another.

(2) A person commits criminal trespass to a residence when, without authority, he or she knowingly enters the residence of another and knows or has reason to know that one or more persons is present or he or she knowingly enters the residence of another and remains in the residence after he or she knows or has reason to know that one or more persons is present.

(3) A person commits criminal trespass to a residence when, without authority, he or she knowingly enters or remains within a residence that he or she knows is the residence of another, including a house trailer that is the dwelling place of another.

For purposes of this subsection, nothing in Section 9-102 of the Code of Civil Procedure may be construed to prohibit law enforcement officials from enforcing criminal trespass to real property under Sections 19-3 and 21-3 of the Criminal Code of 2012 or any other provision of the Criminal Code of 2012 or may be construed to interfere with any ability of law enforcement officials to remove persons or property from the premises when there is a criminal trespass.

(a-3) Illegal possession of property. No person has the right or legal standing to occupy or remain on or in any real property, residence, or structure if the person has no written property interest under a written lease or rental agreement with the owner of the property listed in county tax records, or the owner's agent, or no documentation of payment of rent made to the owner of the property, or the owner's agent. All persons legally occupying a property, residence, or structure shall be listed by name and date of birth on a lease, rental agreement, or rental application associated with the lease or rental agreement or provide evidence that the person is an invitee of a lessee or authorized occupant of the property. No subleasing shall be allowed or deemed as legal in contrast to a lease or rental agreement that specifically prohibits subleases. A sublease made in violation of a lease or rental agreement shall not establish legal standing to occupy or remain on or in any real property, residence, or structure by the sublessee, and the sublessee shall vacate the property after receiving notice to depart from the property owner of record or the property owner's designee. If a person occupying a property is an invitee of a lessee or an authorized occupant of the property, the property owner shall comply with the notification requirements of subsection (g) of Section 9-106.2 of the Code of Civil Procedure. Illegal possession is not adverse and hostile during any portion of the 7-year period in which the person was in possession of lands in violation of this subsection.

(a-5) For purposes of this Section, in the case of a multi-unit residential building or complex, "residence" shall only include the portion of the building or complex which is the actual dwelling place of any person and shall not include such places as common recreational areas or lobbies.

(b) Sentence.

(1) Criminal trespass to a residence under paragraph (1) of subsection (a) is a Class A misdemeanor.

(2) Criminal trespass to a residence under paragraph (2) or (3) of subsection (a) is a Class 4 felony.

(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)