Bill Text: IL SB1985 | 2025-2026 | 104th General Assembly | Introduced


Bill Title: Creates the Stop Squatters Act. Creates a process for local law enforcement to remove a person who is unlawfully occupying residential or commercial property without any right to do so. Requires the property owner to file a complaint with local law enforcement alleging facts to trigger the Act. Provides that law enforcement is entitled to a reasonable fee to remove an unauthorized occupant and provides legal protection to law enforcement for acting on a complaint. Provides that if the complaint is found to be false, the property owner shall indemnity the law enforcement agency. Creates a civil action of action for a person who was wrongfully removed. Creates a civil cause of action for the property owner for damages by the wrongful occupant. Amends the Criminal Code of 20212. Creates a Class 4 felony for making a false statement to detain real property and fraudulent sale or lease of residential real property".

Sponsorship: Partisan Bill (Republican 3)

Status: (Introduced - Dead) 2025-05-30 - Added as Co-Sponsor Sen. Chris Balkema [SB1985 Detail]

Download: Illinois-2025-SB1985-Introduced.html

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1985

Introduced 2/6/2025, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:
New Act
720 ILCS 5/21-3.5 new
720 ILCS 5/21-3.7 new

    Creates the Stop Squatters Act. Creates a process for local law enforcement to remove a person who is unlawfully occupying residential or commercial property without any right to do so. Requires the property owner to file a complaint with local law enforcement alleging facts to trigger the Act. Provides that law enforcement is entitled to a reasonable fee to remove an unauthorized occupant and provides legal protection to law enforcement for acting on a complaint. Provides that if the complaint is found to be false, the property owner shall indemnity the law enforcement agency. Creates a civil action of action for a person who was wrongfully removed. Creates a civil cause of action for the property owner for damages by the wrongful occupant. Amends the Criminal Code of 20212. Creates a Class 4 felony for making a false statement to detain real property and fraudulent sale or lease of residential real property".
LRB104 10293 JRC 20367 b

A BILL FOR

SB1985LRB104 10293 JRC 20367 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 1. Short title.This may be referred to as the Stop
5Squatters Act.
6    Section 5. Legislative intent. The General Assembly finds
7that the right to exclude others from entering and the right to
8direct others to immediately vacate residential and commercial
9real property are fundamental property rights.
10    Section 10. Process to remove unlawful occupant.
11    (a) Notwithstanding any other law, a property owner or
12authorized agent may request that the county sheriff or the
13chief of police of the local jurisdiction to immediately
14remove any person or persons unlawfully occupying a
15residential dwelling or commercial building if the following
16conditions are met:
17        (1) The requesting person is the property owner or
18 authorized agent.
19        (2) The real property includes a residential dwelling
20 or commercial building.
21        (3) An unauthorized person or persons are unlawfully
22 occupying the property.

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1        (4) The property was not open to the public at the time
2 of entry.
3        (5) The property owner has directed the unauthorized
4 person or persons to leave.
5        (6) The unauthorized person or persons are not current
6 or former tenants.
7        (7) The unauthorized person or persons are not
8 immediate family members of the property owner.
9        (8) No pending litigation exists between the property
10 owner and the unauthorized person or persons.
11        (b) To request the immediate removal under this
12 Section, the property owner or authorized agent must
13 submit a completed and verified complaint that includes
14 the information in subsection (a) to the sheriff or police
15 chief.
16        (c) Upon receipt of the complaint, the law enforcement
17 agency that receives the complaint shall conduct
18 preliminary fact-finding, which may include reviewing any
19 alleged lease agreement, talking to neighbors, and other
20 relevant inquiries to ascertain the validity of the
21 complaint. If the preliminary fact-finding indicates
22 probable cause that the above conditions outlined in this
23 Section are met, then the law enforcement agency shall
24 serve a notice to immediately vacate on the unlawful
25 occupants and put the property owner in possession of the
26 real property.

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1        (d) The law enforcement agency is entitled to a
2 reasonable fee for service to be determined by the unit of
3 local government that the law enforcement agency serves.
4 Upon serving the notice, the property owner may request
5 the law enforcement agency to remain to keep the peace
6 while changing locks and removing personal property of the
7 unlawful occupants.
8        (e) The property owner who submits a complaint under
9 this Section that turns out to be false shall indemnify
10 the law enforcement agency and its agents for any damages
11 awarded against the law enforcement agency or its agents
12 for their good faith conduct that was based on the
13 complaint. A civil cause of action for wrongful removal of
14 the occupant is allowed, with remedies, including
15 restoration of possession, actual costs, damages, and
16 attorney's fees.
17        (f) This Section does not limit other rights of the
18 property owner or law enforcement authority.
19    Section 15. Civil action for violation. A property owner
20may file a civil action against a person who unlawfully
21occupies a residential dwelling or commercial building in
22violation of this Act and intentionally damages them. The
23court shall award the property owner the owner's actual
24damages or $1,000, whichever is greater. If the court finds
25for the property owner, the defendant must also pay the

SB1985- 4 -LRB104 10293 JRC 20367 b
1attorney's fees and costs of the property owner for bringing
2the civil action.
3    Section 20. The Criminal Code of 2012 is amended by adding
4Sections 21-3.5 and 21-3.7 as follows:
5    (720 ILCS 5/21-3.5 new)
6    Sec. 21-3.5. Making false statement to detain real
7property.
8    (a) A person commits making a false statement to detain
9property when the person knowingly presents a false document
10purporting to convey real property rights.
11    (b) Sentence. A violation of this Section is a Class 4
12felony.
13    (720 ILCS 5/21-3.7 new)
14    Sec. 21-3.7. Fraudulent sale or lease of residential real
15property.
16    (a) A person commits a fraudulent sale or lease of
17residential real property when the person knowingly lists or
18advertises residential real property or a commercial building
19for sale or rent without legal title or authority to do so.
20    (b) Sentence. A violation of this Section is a Class 4
21felony.
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