Illinois lawmakers are pursuing major changes to how the state handles unauthorized occupancy of residential property. In May 2025, the Illinois General Assembly passed Senate Bill 1563 (SB1563)—a bill that clarifies the relationship between civil eviction laws and criminal trespass enforcement. Another bill, Senate Bill 1985 (SB1985), proposes a much broader shift by allowing police to remove occupants based solely on a property owner's sworn statement.
While these efforts are framed as anti-squatting measures, housing advocates and legal professionals have raised concerns about due process and the potential for abuse. This post summarizes the key statutory language, highlights what has changed, and explores what could come next.
SB1563: Passed by the Legislature, Awaiting the Governor's Signature
Purpose and Language
SB1563 amends the Eviction Article of the Illinois Code of Civil Procedure. Its purpose is to clarify that civil eviction law does not prevent law enforcement from enforcing criminal trespass laws.
"Nothing in this Article shall be construed to:
(i) prohibit law enforcement officials from enforcing the offense of criminal trespass under the Criminal Code of 1961 or any other violation of the Code; or
(ii) interfere with the ability of law enforcement officials to remove persons or property from the premises when there is a criminal trespass."
What It Does (and Doesn't) Do
In essence, the bill reaffirms the separation between civil eviction and criminal trespass enforcement. But it offers no new procedural guidance—leaving many questions unanswered about how these overlaps will play out in real-world situations.
SB1985: The Proposed "Stop Squatters Act"
While SB1563 makes relatively narrow changes, SB1985 proposes a far more dramatic shift in Illinois law. This bill, still under review, would allow property owners to involve law enforcement directly in removing individuals from their property—without court proceedings.
Summary of SB1985's Provisions
- Allows a property owner (or authorized agent) to file a sworn complaint with law enforcement stating:
- They are the rightful owner or agent.
- The person on the property is not a tenant and has no legal right to be there.
-
Upon receiving the sworn complaint, law enforcement may:
- Immediately remove the person from the property.
- Property owners must pay a reasonable fee for law enforcement's removal services.
-
Creates civil liability for false complaints:
- Owners must indemnify police for any damages resulting from a wrongful removal.
- The removed person can sue for possession, damages, and attorneys' fees.
-
Adds two new criminal offenses:
- False statements to detain real property (Class 4 felony).
- Fraudulent sale or lease of residential property (Class 4 felony).
Key Legal and Policy Concerns
Due Process and Lawful Occupancy
SB1985 departs from the current legal framework, which requires a court-ordered eviction before law enforcement can remove someone from a residence. That process is in place to protect occupants from unlawful or mistaken eviction, particularly in complex scenarios involving:
- Oral rental agreements
- Informal family housing arrangements
- Disputes between owners and cohabitants
Under SB1985, those protections would be bypassed. A property owner could walk into a police station, sign a sworn affidavit, and trigger a same-day removal without any court hearing.
Potential for Abuse
If passed, SB1985 could be abused by:
- Landlords seeking to avoid formal eviction proceedings
- Family members involved in disputes over shared housing
- Owners misrepresenting facts to police
There is no reliable mechanism for police to verify whether the affidavit is truthful, especially in cases where the occupant has no written lease but may still be lawfully residing in the home.
Expected Opposition
Housing advocates are likely to oppose SB1985 on the grounds that:
- It enables police-enforced evictions without judicial oversight
- It shifts the burden of proof onto the occupant after they've been removed
- It may disproportionately harm low-income residents or undocumented individuals who often live in informal housing arrangements
Summary Comparison
| Feature | SB1563 | SB1985 (Proposed) |
|---|---|---|
|
Legislative Status |
Passed, awaiting Governor |
Introduced, pending |
|
Allows police to remove occupants without court? |
No |
Yes, based on sworn complaint |
|
Clarifies police can enforce trespass? |
Yes |
Not applicable |
|
New criminal offenses created? |
No |
Yes (false statements, fraud) |
|
Requires judicial oversight? |
Not addressed |
No |
|
Law enforcement immunity? |
No |
No explicit immunity provided |
Conclusion
SB1563 is now on its way to becoming law. While its changes are narrow, they reinforce police authority in trespass situations. SB1985, by contrast, represents a significant potential shift in how Illinois handles housing disputes and would allow police to remove occupants from their homes based solely on a property owner's sworn statement—without court intervention.
Critics argue that such a law could be easily abused and lacks the safeguards necessary to prevent wrongful or retaliatory evictions. Whether it moves forward will likely depend on public response and opposition from housing rights organizations.
This post is for informational purposes only and does not constitute legal advice. If you are involved in a property dispute or eviction matter, consult with a licensed attorney familiar with Illinois housing law.
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment