Bill Text: IL SB3474 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Ejectment Article of the Code of Civil Procedure. Provides that a plaintiff is entitled to recover either the profits received by the defendant or lost by the plaintiff. Provides that the jury of an ejectment action may assess damages in the amount of mesne profits lost by the plaintiff (in addition to those received by the defendant) since the defendant entered into possession of the premises.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3474 Detail]

Download: Illinois-2019-SB3474-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3474 Introduced 2/13/2020, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED:
735 ILCS 5/6-130 from Ch. 110, par. 6-130
735 ILCS 5/6-137 from Ch. 110, par. 6-137
Amends the Ejectment Article of the Code of Civil Procedure. Provides that a plaintiff is entitled to recover either the profits received by the defendant or lost by the plaintiff. Provides that the jury of an ejectment action may assess damages in the amount of mesne profits lost by the plaintiff (in addition to those received by the defendant) since the defendant entered into possession of the premises.
LRB101 19713 LNS 69207 b
A BILL FOR
SB3474 LRB101 19713 LNS 69207 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Sections 6-130 and 6-137 as follows:
(735 ILCS 5/6-130) (from Ch. 110, par. 6-130)
Sec. 6-130. Recovery of rents and profits. The plaintiff
recovering judgment in ejectment in any of the cases in which
such action may be maintained, shall also be entitled to
recover damages against the defendant for the rents and profits
of the premises recovered, being either the profits received by
the defendant or lost by the plaintiff.
(Source: P.A. 82-280.)
(735 ILCS 5/6-137) (from Ch. 110, par. 6-137)
Sec. 6-137. Issue of fact on petition. If any issue of fact
is presented on such petition, it shall be tried as in other
civil cases; and if such issue is found for the plaintiff, or
if demand for trial by jury has been made in accordance with
law, a jury may assess damages in the amount of the mesne
profits received by the defendant or lost by the plaintiff
since the defendant he or she entered into possession of the
premises, subject to the restrictions contained in Article VI

SB3474 - 2 - LRB101 19713 LNS 69207 b
of this Act.
(Source: P.A. 84-1043.)