IL HB2971 | 2023-2024 | 103rd General Assembly
Status
Completed Legislative Action
Spectrum: Partisan Bill (Republican 2-0)
Status: Failed on January 7 2025 - 100% progression
Action: 2025-01-07 - Session Sine Die
Text: Latest bill text (Introduced) [HTML]
Spectrum: Partisan Bill (Republican 2-0)
Status: Failed on January 7 2025 - 100% progression
Action: 2025-01-07 - Session Sine Die
Text: Latest bill text (Introduced) [HTML]
Summary
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.
Title
REMOVAL-UNAUTHORIZED PERSONS
Sponsors
History
Date | Chamber | Action |
---|---|---|
2025-01-07 | House | Session Sine Die |
2024-04-09 | House | Added Co-Sponsor Rep. Jennifer Sanalitro |
2023-02-16 | House | Referred to Rules Committee |
2023-02-16 | House | First Reading |
2023-02-16 | House | Filed with the Clerk by Rep. Christopher "C.D." Davidsmeyer |
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
735 | 5 | 9a-10 | New Code | See Bill Text |
735 | 5 | 9a-15 | New Code | See Bill Text |
735 | 5 | 9a-20 | New Code | See Bill Text |
735 | 5 | 9a-25 | New Code | See Bill Text |
735 | 5 | 9a-30 | New Code | See Bill Text |
735 | 5 | 9a-35 | New Code | See Bill Text |
735 | 5 | 9a-40 | New Code | See Bill Text |
735 | 5 | 9a-5 | New Code | See Bill Text |
735 | 5 | Art. IXa heading | New Code | See Bill Text |
Illinois State Sources
Type | Source |
---|---|
Summary | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2971&GAID=17&DocTypeID=HB&SessionID=112&GA=103 |
Text | https://www.ilga.gov/legislation/103/HB/10300HB2971.htm |