Bill Text: IL SB3951 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that it is a deceptive practice for a person to knowingly represent that he or she is the owner or agent of residential property for the purpose of entering into a lease agreement with another or to collect a security deposit, move-in fee, or rent from another. Specifies that a violation of that requirement is a Class 4 felony. Authorizes the award of actual damages and punitive damages in an amount no less than 2 times the actual damages. Provides that it is a criminal trespass to a residence for a person, without authority, to knowingly enter or remain within a residence that the person knows is the primary residence of another. Makes a violation of that requirement a Class 4 felony. Provides that nothing in the Eviction Article of the Code of Civil Procedure may be construed to prohibit law enforcement officials from (i) enforcing criminal trespass to real property or any other provision of the Criminal Code of 2012; or (ii) removing persons or property from the premises when there is a criminal trespass. Defines illegal possession of property in the Criminal Code of 2012.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-14 - Referred to Assignments [SB3951 Detail]

Download: Illinois-2023-SB3951-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3951 Introduced 5/14/2024, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED:
720 ILCS 5/17-1 from Ch. 38, par. 17-1
720 ILCS 5/19-4 from Ch. 38, par. 19-4
Amends the Criminal Code of 2012. Provides that it is a deceptive practice for a person to knowingly represent that he or she is the owner or agent of residential property for the purpose of entering into a lease agreement with another or to collect a security deposit, move-in fee, or rent from another. Specifies that a violation of that requirement is a Class 4 felony. Authorizes the award of actual damages and punitive damages in an amount no less than 2 times the actual damages. Provides that it is a criminal trespass to a residence for a person, without authority, to knowingly enter or remain within a residence that the person knows is the primary residence of another. Makes a violation of that requirement a Class 4 felony. Provides that nothing in the Eviction Article of the Code of Civil Procedure may be construed to prohibit law enforcement officials from (i) enforcing criminal trespass to real property or any other provision of the Criminal Code of 2012; or (ii) removing persons or property from the premises when there is a criminal trespass. Defines illegal possession of property in the Criminal Code of 2012.
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A BILL FOR
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AN ACT concerning evictions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Sections 17-1 and 19-4 as follows:
(720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
Sec. 17-1. Deceptive practices.
(A) General deception.
A person commits a deceptive practice when, with intent to
defraud, the person does any of the following:
(1) He or she knowingly causes another, by deception
or threat, to execute a document disposing of property or
a document by which a pecuniary obligation is incurred.
(2) Being an officer, manager or other person
participating in the direction of a financial institution,
he or she knowingly receives or permits the receipt of a
deposit or other investment, knowing that the institution
is insolvent.
(3) He or she knowingly makes a false or deceptive
statement addressed to the public for the purpose of
promoting the sale of property or services.
(4) He or she knowingly represents to be the owner or

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agent of residential property for the purpose of entering
into a lease agreement with another or collecting a
security deposit, move-in fee, or rent from another.
(B) Bad checks.
A person commits a deceptive practice when:
(1) With intent to obtain control over property or to
pay for property, labor or services of another, or in
satisfaction of an obligation for payment of tax under the
Retailers' Occupation Tax Act or any other tax due to the
State of Illinois, he or she issues or delivers a check or
other order upon a real or fictitious depository for the
payment of money, knowing that it will not be paid by the
depository. The trier of fact may infer that the defendant
knows that the check or other order will not be paid by the
depository and that the defendant has acted with intent to
defraud when the defendant fails to have sufficient funds
or credit with the depository when the check or other
order is issued or delivered, or when such check or other
order is presented for payment and dishonored on each of 2
occasions at least 7 days apart. In this paragraph (B)(1),
"property" includes rental property (real or personal).
(2) He or she issues or delivers a check or other order
upon a real or fictitious depository in an amount
exceeding $150 in payment of an amount owed on any credit
transaction for property, labor or services, or in payment

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of the entire amount owed on any credit transaction for
property, labor or services, knowing that it will not be
paid by the depository, and thereafter fails to provide
funds or credit with the depository in the face amount of
the check or order within 7 days of receiving actual
notice from the depository or payee of the dishonor of the
check or order.
(C) Bank-related fraud.
(1) False statement.
A person commits false statement bank fraud if he or she,
with intent to defraud, makes or causes to be made any false
statement in writing in order to obtain an account with a bank
or other financial institution, or to obtain credit from a
bank or other financial institution, or to obtain services
from a currency exchange, knowing such writing to be false,
and with the intent that it be relied upon.
For purposes of this subsection (C), a false statement
means any false statement representing identity, address, or
employment, or the identity, address, or employment of any
person, firm, or corporation.
(2) Possession of stolen or fraudulently obtained checks.
A person commits possession of stolen or fraudulently
obtained checks when he or she possesses, with the intent to
obtain access to funds of another person held in a real or
fictitious deposit account at a financial institution, makes a

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false statement or a misrepresentation to the financial
institution, or possesses, transfers, negotiates, or presents
for payment a check, draft, or other item purported to direct
the financial institution to withdraw or pay funds out of the
account holder's deposit account with knowledge that such
possession, transfer, negotiation, or presentment is not
authorized by the account holder or the issuing financial
institution. A person shall be deemed to have been authorized
to possess, transfer, negotiate, or present for payment such
item if the person was otherwise entitled by law to withdraw or
recover funds from the account in question and followed the
requisite procedures under the law. If the account holder,
upon discovery of the withdrawal or payment, claims that the
withdrawal or payment was not authorized, the financial
institution may require the account holder to submit an
affidavit to that effect on a form satisfactory to the
financial institution before the financial institution may be
required to credit the account in an amount equal to the amount
or amounts that were withdrawn or paid without authorization.
(3) Possession of implements of check fraud.
A person commits possession of implements of check fraud
when he or she possesses, with the intent to defraud and
without the authority of the account holder or financial
institution, any check imprinter, signature imprinter, or
"certified" stamp.

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(D) Sentence.
(1) The commission of a deceptive practice in
violation of this Section, except as otherwise provided by
this subsection (D), is a Class A misdemeanor.
(2) For purposes of paragraphs (A)(1) and (B)(1):
(a) The commission of a deceptive practice in
violation of paragraph (A)(1) or (B)(1), when the
value of the property so obtained, in a single
transaction or in separate transactions within a
90-day period, exceeds $150, is a Class 4 felony. In
the case of a prosecution for separate transactions
totaling more than $150 within a 90-day period, those
separate transactions shall be alleged in a single
charge and prosecuted in a single prosecution.
(b) The commission of a deceptive practice in
violation of paragraph (B)(1) a second or subsequent
time is a Class 4 felony.
(c) The commission of a deceptive practice in
violation of paragraph (A)(4) is a Class 4 felony.
(3) For purposes of paragraph (C)(2), a person who,
within any 12-month period, violates paragraph (C)(2) with
respect to 3 or more checks or orders for the payment of
money at the same time or consecutively, each the property
of a different account holder or financial institution, is
guilty of a Class 4 felony.
(4) For purposes of paragraph (C)(3), a person who

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within any 12-month period violates paragraph (C)(3) as to
possession of 3 or more such devices at the same time or
consecutively is guilty of a Class 4 felony.
(E) Civil liability.
(1) A person who issues a check or order to a payee in
violation of paragraph (B)(1) and who fails to pay the
amount of the check or order to the payee within 30 days
following either delivery and acceptance by the addressee
of a written demand both by certified mail and by first
class mail to the person's last known address or attempted
delivery of a written demand sent both by certified mail
and by first class mail to the person's last known address
and the demand by certified mail is returned to the sender
with a notation that delivery was refused or unclaimed
shall be liable to the payee or a person subrogated to the
rights of the payee for, in addition to the amount owing
upon such check or order, damages of treble the amount so
owing, but in no case less than $100 nor more than $1,500,
plus attorney's fees and court costs. An action under this
subsection (E) may be brought in small claims court or in
any other appropriate court. As part of the written demand
required by this subsection (E), the plaintiff shall
provide written notice to the defendant of the fact that
prior to the hearing of any action under this subsection
(E), the defendant may tender to the plaintiff and the

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plaintiff shall accept, as satisfaction of the claim, an
amount of money equal to the sum of the amount of the check
and the incurred court costs, including the cost of
service of process, and attorney's fees.
(2) A person who violates paragraph (A)(4) is liable
to the owner of the residential property or any individual
who was induced to enter into a lease or pay a move-in fee,
security deposit, or rent, or similar costs. Plaintiff
shall be entitled to actual damages and punitive damages
in an amount no less than 2 times the actual damages.
(Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11.)
(720 ILCS 5/19-4) (from Ch. 38, par. 19-4)
Sec. 19-4. Criminal trespass to a residence.
(a) (1) A person commits criminal trespass to a residence
when, without authority, he or she knowingly enters or remains
within any residence, including a house trailer that is the
dwelling place of another.
(2) A person commits criminal trespass to a residence
when, without authority, he or she knowingly enters the
residence of another and knows or has reason to know that one
or more persons is present or he or she knowingly enters the
residence of another and remains in the residence after he or
she knows or has reason to know that one or more persons is
present.
(3) A person commits criminal trespass to a residence

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when, without authority, he or she knowingly enters or remains
within a residence that he or she knows is the residence of
another, including a house trailer that is the dwelling place
of another.
For purposes of this subsection, nothing in Section 9-102
of the Code of Civil Procedure may be construed to prohibit law
enforcement officials from enforcing criminal trespass to real
property under Sections 19-3 and 21-3 of the Criminal Code of
2012 or any other provision of the Criminal Code of 2012 or may
be construed to interfere with any ability of law enforcement
officials to remove persons or property from the premises when
there is a criminal trespass.
(a-3) Illegal possession of property. No person has the
right or legal standing to occupy or remain on or in any real
property, residence, or structure if the person has no written
property interest under a written lease or rental agreement
with the owner of the property listed in county tax records, or
the owner's agent, or no documentation of payment of rent made
to the owner of the property, or the owner's agent. All persons
legally occupying a property, residence, or structure shall be
listed by name and date of birth on a lease, rental agreement,
or rental application associated with the lease or rental
agreement or provide evidence that the person is an invitee of
a lessee or authorized occupant of the property. No subleasing
shall be allowed or deemed as legal in contrast to a lease or
rental agreement that specifically prohibits subleases. A

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