Illinois House Bill HB1409

Illinois 2025-2026 Regular Session

• Introduced: 1/16/25
• Refer: 1/28/25

Caption

REMOVAL-UNAUTHORIZED PERSONS

Impact

The proposed legislation seeks to provide property owners with a more rapid legal avenue for addressing unlawful occupancy. By filing a verified motion for a mandatory injunction in circuit court, owners can initiate a swift legal process that mandates a hearing within one court day. If the court finds in favor of the owner, sheriffs are required to execute the removal of unauthorized persons within 24 hours, thereby minimizing potential damages caused by vandalism or property alteration during the unlawful occupation. This procedure aims to balance the protection of property owners with the due process rights of individuals potentially labeled as unauthorized occupants.

Summary

House Bill 1409, introduced by Rep. Christopher "C.D." Davidsmeyer, aims to amend the Illinois Code of Civil Procedure by establishing a new framework for the expedited removal of unauthorized persons from residential properties. The bill defines an 'unauthorized person' as someone occupying a vacant residential property without the owner's consent. This legal definition excludes individuals such as relatives of the property owner or those who have previously received permission to be on the premises, thus providing clarity on who may be forcibly removed under the provisions of this bill.

Contention

While proponents of HB1409 argue that the bill is necessary to streamline the legal process for property owners facing issues with squatters, critics could raise concerns about the potential for misuse. Rapid removal processes might leave little room for occupants to contest their status, leading to fears of wrongful eviction. The bill's strict definition of unauthorized occupancy could also invite legal challenges or claims of overreach, particularly in rural areas where family ties and informal agreements might complicate the determination of authorized occupants.