Illinois General Assembly - Full Text of SB0596
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Full Text of SB0596  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/24/2021, by Sen. Jason A. Barickman


735 ILCS 5/6-130  from Ch. 110, par. 6-130
735 ILCS 5/6-137  from Ch. 110, par. 6-137

    Amends the Ejectment Article of the Code of Civil Procedure. Provides that a plaintiff is entitled to recover either the profits received by the defendant or lost by the plaintiff. Provides that the jury in an ejectment action may assess damages in the amount of mesne profits lost by the plaintiff (in addition to those received by the defendant) since the defendant entered into possession of the premises.

LRB102 15845 LNS 21214 b





SB0596LRB102 15845 LNS 21214 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Civil Procedure is amended by
5changing Sections 6-130 and 6-137 as follows:
6    (735 ILCS 5/6-130)  (from Ch. 110, par. 6-130)
7    Sec. 6-130. Recovery of rents and profits. The plaintiff
8recovering judgment in ejectment in any of the cases in which
9such action may be maintained, shall also be entitled to
10recover damages against the defendant for the rents and
11profits of the premises recovered, being either the profits
12received by the defendant or lost by the plaintiff.
13(Source: P.A. 82-280.)
14    (735 ILCS 5/6-137)  (from Ch. 110, par. 6-137)
15    Sec. 6-137. Issue of fact on petition. If any issue of fact
16is presented on such petition, it shall be tried as in other
17civil cases; and if such issue is found for the plaintiff, or
18if demand for trial by jury has been made in accordance with
19law, a jury may assess damages in the amount of the mesne
20profits received by the defendant or lost by the plaintiff
21since the defendant he or she entered into possession of the
22premises, subject to the restrictions contained in Article VI



SB0596- 2 -LRB102 15845 LNS 21214 b

1of this Act.
2(Source: P.A. 84-1043.)