On July 21, 2025, Governor Pritzker signed Senate Bill 1563 into law, creating Public Act 104-0029 (the “Public Act”). The Public Act seeks to expedite the removal of “squatters” from property. The bill amends the Illinois eviction statute to clarify that nothing prohibits law enforcement officers from enforcing criminal trespass laws or removing a criminal trespasser from a property.

Prior to the passage of this law, squatters were treated as entitled to full court proceedings under the Illinois Eviction Act. 735 ILCS 5/9-101, et seq. When a person enters a property and unlawfully withholds possession, the legal property owners are entitled to the restoration of their property. However, as the law stood, to regain possession, property owners had to begin eviction proceedings in court. The issue faced by many property owners attempting to “evict” an individual is that throughout the course of the eviction proceedings, the squatter was entitled to remain on the property. A common scenario that prevented law enforcement from acting is that squatters would state that they had a legal right to the property, showing false documents giving them possession. In these situations, law enforcement officers could not remove individuals pursuant to existing criminal laws without the judicial proceedings determining who the rightful possessor of the property was.  

The Public Act was created with the hope of fixing what is perceived as an unjustified windfall for illegal trespassers due to the gray area between civil eviction proceedings and the crime of criminal trespass as defined by the Illinois Criminal Code. An individual commits the crime of “criminal trespass to real property” when he or she: (a) knowingly and without lawful authority entered and remained within a building; (b) entered upon the land of another after receiving notice that entry is forbidden; or (c) remained upon the land of another after receiving notice to depart.

With the Public Act, law enforcement is now given clearer authority to enforce criminal trespass laws and remove squatters from homes and businesses. Instead of relying on the civil process for eviction proceedings, if a property owner can prove they are the rightful owner of the property, law enforcement officers can enforce criminal trespass laws by removing the unlawful possessor.

However, the statute does not clarify an exact mechanism that can be used to remove squatters, whether enforcing criminal trespass necessitates an arrest and does not clarify what law enforcement needs to distinguish between holdover tenants, unpaid lessees, and actual squatters. This law is set to go into effect on January 1, 2026. As such, no immediate action is required by local municipalities and law enforcement. Municipalities should be aware of the upcoming changes to the eviction process and reach out to their attorneys with questions and for law enforcement training. We plan to continue monitoring developments concerning this new law and will issue guidance as it becomes available.

Authored by: 

not-pictured: Zachary Frye