SB3474 101ST GENERAL ASSEMBLY

LRB101 19713 LNS 69207 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3474

Introduced 2/14/2020, 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.

A BILL FOR

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 of this Act.

(Source: P.A. 84-1043.)