Bill
SB 1923
SB1923 limits landowner liability for free recreational use to willful/wanton misconduct; charging for access preserves exceptions and applies to actions accruing after Sept 1, 2025.
Status and timeline
- Bill: SB1923 (companion: HB4869)
- Sponsor: Sen. Li Arellano, Jr.
- Introduced: Feb 6 / Mar 5, 2025
- Enacted: Signed by Governor June 20, 2025
- Effective date: September 1, 2025
- Statutory sections amended: 745 ILCS 65/4 and 745 ILCS 65/6 (Recreational Use of Land and Water Areas Act)
Purpose / intent
- Clarify and limit the circumstances under which a landowner who permits free recreational or conservation use of their property may be held liable for injuries. The bill emphasizes that, except in limited circumstances, allowing free recreational access does not create liability unless the landowner’s conduct rises to willful and wanton misconduct in failing to guard or warn.
Key provisions
- Section 4 (745 ILCS 65/4): Confirms that an owner who permits or invites persons to use land without charge generally does not:
- Guarantee the premises are safe;
- Assume responsibility or liability for injuries caused by acts of users or others on the land;
- Assume responsibility or liability for natural or artificial conditions, structures, or personal property on the premises.
- Section 6 (745 ILCS 65/6): Preserves two key exceptions where liability is not limited by the Act:
- (a) Liability for willful and wanton failure to guard or warn against a dangerous condition, use, structure, or activity remains actionable.
- (b) The Act’s immunity does not apply where the owner either (i) invites as defined in Section 2(f) or (ii) charges persons for recreational use of the land — i.e., owners who charge for access are not protected by the Act’s limited immunity.
- Prospective application: The changes apply only to causes of action that accrue on or after the Act’s effective date (Sept 1, 2025).
Who is affected
- Landowners and occupiers (including private owners, municipalities, park districts, conservation organizations) who allow free public access for recreation or conservation — their exposure to ordinary negligence claims is limited under this Act except for willful/wanton misconduct or if they charge for access.
- Recreational users and visitors — ability to recover against landowners will generally be limited to situations involving willful and wanton conduct or cases where the owner charges or otherwise falls outside the Act’s free-use protection.
- Insurers, land trusts, and public entities — potential reduction in liability exposure may affect risk management, insurance premiums, and decisions about opening land for public recreational use.
Practical impact
- Raises the threshold for liability for free recreational land use to willful and wanton conduct, likely reducing landowner exposure to ordinary negligence claims and possibly encouraging property owners to permit recreational access.
- Preserves full liability where owners charge for use or engage in willful/wanton failure to warn/guard, maintaining avenues for recovery in those circumstances.
- Applies only to claims accruing on or after the effective date; pre-existing claims are unaffected.
For legal reference: amendments modify the Recreational Use of Land and Water Areas Act, 745 ILCS 65, specifically Sections 4 and 6.
Compiled from official sources — confirm details with the bill’s official record.
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