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SB 1563

EVICTION-CRIMINAL TRESSPASS

104th Regular Session Introduced by Dee Avelar and 53 co-sponsors

Clarifies that civil eviction rules do not bar criminal trespass enforcement; police can remove trespassers even as eviction proceeds.

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Bill Summary · SB 1563

SB 1563 — "Eviction — Criminal Trespass" (Public Act 104‑0029)

Status: Enacted (Public Act 104‑0029)
Introduced: Feb 21, 2025 (Sen. Lakesia Collins)
Statute amended: Code of Civil Procedure, 735 ILCS 5/9‑102
Effective date: January 1, 2026

Purpose / Intent

The bill clarifies the interaction between Illinois civil eviction law and criminal trespass enforcement. Its stated purpose is to make explicit that the Eviction Article of the Code of Civil Procedure does not limit or prevent law enforcement from enforcing criminal trespass laws or removing people or property from premises when criminal trespass occurs.

Key provision

  • Amends Section 9‑102 of the Code of Civil Procedure by adding (or restating) subsection (e), which reads (in substance):
    • “Nothing in this Article may be construed to prohibit law enforcement officials from enforcing the offense of criminal trespass under Section 21‑3 of the Criminal Code of 1963 or any other violation of the Code or to interfere with the ability of law enforcement officials to remove persons or property from the premises when there is a criminal trespass.”

(The amendment appears as part of a broader restatement of Section 9‑102, which lists the civil circumstances under which possession actions may be maintained.)

Who or what is affected

  • Law enforcement agencies and officers — their authority to enforce criminal trespass and to remove persons or property in trespass situations is expressly preserved.
  • Property owners, landlords, condominium/common‑interest associations — retains civil remedies for regaining possession and clarifies that civil eviction procedures do not preclude criminal enforcement.
  • Occupants/tenants and others on premises — in cases qualifying as criminal trespass, police removal is not restricted by the Eviction Article; civil eviction channels remain separate.

Practical effect / implications

  • Confirms that criminal enforcement (e.g., trespass charges, removal by police) can proceed independently of, and is not preempted or limited by, civil eviction procedures.
  • May reduce uncertainty for law enforcement and property owners about whether to pursue criminal trespass charges or civil eviction in overlapping situations.
  • Does not change the substantive civil eviction standards or timeline under Section 9‑102; it simply clarifies that civil eviction provisions do not bar criminal trespass enforcement.

Legislative history (selected)

  • Introduced: Feb 21, 2025
  • Passed both chambers in spring 2025 (multiple readings, committee reports)
  • Signed by Governor and enacted as Public Act 104‑0029 (Governor approval recorded July 2025)
  • Effective date set as Jan 1, 2026

Citation

Amendment to: 735 ILCS 5/9‑102 (Code of Civil Procedure) — clarifying subsection (e) re: criminal trespass enforcement.

If you want, I can:
- Provide the full amended text of Section 9‑102 as enrolled; or
- Summarize how this change interacts with Section 21‑3 (criminal trespass) of the Criminal Code of 1963.

Compiled from official sources — confirm details with the bill’s official record.

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