Illinois Sen. Collins civil procedure bill on property possession passes House and Senate

Passed bill authored by State Sen. Lakesia Collins aims to clarify when individuals may regain possession of lands or units, focusing on common interest communities and related procedures following its approval in both chambers, according to the Illinois General Assembly.

In the House, 69 Democrats and 37 Republicans voted in favor of the bill.

Meanwhile, in the Senate, 37 Democrats and 18 Republicans voted in favor of the bill, while one Republican voted against it.

Collins introduced the bill in the Illinois Senate on Feb. 4, 2025 during the 104th session.

The legislation, known as SB1563, was passed on May 21, 2025 during the general assembly session 104.

According to the Illinois General Assembly site, the legislature summarized the bill’s official text as follows: “Amends the Code of Civil Procedure. Provides that nothing in the Eviction Article may be construed to: (i) prohibit law enforcement officials from enforcing the offense of criminal trespass under the Criminal Code of 1963 or any other violation of the Code; or (ii) to interfere with the ability of law enforcement officials to remove persons or property from the premises when there is a criminal trespass.”

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, the bill amends the Code of Civil Procedure regarding when an individual may regain possession of lands or tenements. It clarifies situations such as forcible or unlawful possession, possession after lease termination, and instances involving common interest communities. The bill details procedures for unit owners in condominiums and common interest communities to address non-payment of common expenses or breaches of leasing requirements. It specifies that certain provisions apply only if associations are not-for-profit and board meetings are open to unit owners. Furthermore, law enforcement actions regarding criminal trespass are not impeded by the bill. The definition of terms like “common interest community,” “declaration,” “unit,” and “association” is provided to ensure clarity. The bill also permits unit owner associations to adopt these provisions if actioned appropriately.

The bill was sponsored by Rep. Adam M. Niemerg (Republican-102nd District), Sen. Adriane Johnson (Democrat-30th District), and Rep. Angelica Guerrero-Cuellar (Democrat-22nd District), along with 50 other sponsors.

Bills in Illinois follow a multi-step legislative process, beginning with introduction in either the House or Senate, followed by committee review, floor debates, and votes in both chambers before reaching the governor for approval or veto. The General Assembly operates on a biennial schedule, and while typically thousands of bills are introduced each session, only a fraction successfully pass through the process to become law.

You can read more about bills and other measures here.

Collins, a Democrat, was elected to the Illinois State Senate in 2023 to represent the state’s 5th Senate District, replacing previous state senator Patricia Van Pelt.

Lawmakers listed as “Not Voting” were present for the vote but did not cast a vote. Those marked as having an “Excused Absence” were not present and formally provided a reason for their absence, which was accepted.