IL HB5109 | 2023-2024 | 103rd General Assembly
Status
Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on February 8 2024 - 25% progression
Action: 2024-02-08 - Referred to Rules Committee
Pending: House Rules Committee
Text: Latest bill text (Introduced) [HTML]
Status: Introduced on February 8 2024 - 25% progression
Action: 2024-02-08 - Referred to Rules Committee
Pending: House Rules Committee
Text: Latest bill text (Introduced) [HTML]
Summary
Amends the Code of Civil Procedure by adding a new Article regarding forcible entry and unlawful detainer. Sets forth factors establishing when a person is a transient occupant. Provides that a transient occupant unlawfully detains a residential property if the transient occupant remains in occupancy of the residential property after the party entitled to possession of the property has directed the transient occupant to leave. Provides that a transient occupancy terminates when a transient occupant begins to reside elsewhere, surrenders the key to the dwelling, or leaves the dwelling when directed by a law enforcement officer in receipt of an affidavit. Allows, upon receipt of a sworn affidavit by the party entitled to possession, any law enforcement officer to direct a transient occupant to surrender possession of residential property. Provides that a person who fails to comply with the direction of the law enforcement officer to surrender possession or occupancy violates a provision related to criminal trespass to a residence. Provides remedies for a person wrongfully removed and for a party entitled to possession of the real property. Allows for the recovery of personal belongings by a former transient occupant after the former transient occupant has vacated the property.
Title
FORCE ENTRY & UNLAWFUL DETAIN
Sponsors
History
| Date | Chamber | Action |
|---|---|---|
| 2024-02-08 | House | Referred to Rules Committee |
| 2024-02-08 | House | First Reading |
| 2024-02-08 | House | Filed with the Clerk by Rep. Daniel Didech |
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 735 | 5 | 23-105 | New Code | See Bill Text |
| 735 | 5 | 23-110 | New Code | See Bill Text |
| 735 | 5 | 23-115 | New Code | See Bill Text |
| 735 | 5 | 23-120 | New Code | See Bill Text |
| 735 | 5 | 23-125 | New Code | See Bill Text |
| 735 | 5 | 23-130 | New Code | See Bill Text |
| 735 | 5 | Art. Art. XXIII | New Code | See Bill Text |
Illinois State Sources
| Type | Source |
|---|---|
| Summary | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=5109&GAID=17&DocTypeID=HB&SessionID=112&GA=103 |
| Text | https://www.ilga.gov/legislation/103/HB/10300HB5109.htm |
