Illinois General Assembly - Bill Status for SB1547

Amends the Illinois Municipal Code. Creates a new Section prohibiting all units of local government from enacting or enforcing ordinances or regulations that penalize tenants who contact police or other emergency services if (1) the contact was made with the intent to prevent the perpetration or escalation of domestic violence, sexual violence, criminal activity, or any other emergency situation; (2) the contact was made with the intent to respond to domestic violence, sexual violence, criminal activity, or other emergency situation; (3) the intervention or emergency assistance was needed to respond to the perpetration or escalation of domestic violence, sexual violence, criminal activity, or other emergency situation; or (4) the contact was concerning an individual with a disability. Requires any ordinances inconsistent with this Section to be repealed or modified. Provides that a landlord or tenant may bring a civil suit seeking to invalidate the ordinance, compensatory damages, attorney fees, court costs, and other equitable relief. Provides that the new Section is a denial and limitation of home rule powers and functions. Provides that this Section does not limit enforcement of provisions of the Emergency Telephone System Act, the Criminal Code of 2012, and the Forcible Entry and Detainer Article of the Code of Civil Procedure, or does not limit or prohibit any unit of local government from enacting or enforcing an ordinance that does not penalize landlords or tenants on the basis of contact made to police or other emergency service. Effective immediately.

Replaces everything after the enacting clause. Reinserts the introduced bill with the following changes: Prohibits a municipality from enacting or enforcing an ordinance or regulation that penalizes tenants or landlords based on: (A) contact made to police or other emergency services, if (i) the contact was made with the intent to prevent or respond to domestic violence, sexual violence, or any non-criminal emergency situation; (ii) the intervention or emergency assistance was needed to respond to or prevent domestic violence, sexual violence, or a non-criminal emergency situation; or (iii) the contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability; (B) an incident or incidents of actual or threatened domestic violence or sexual violence against a tenant, household member, or guest occurring in the dwelling unit or on the premises; or (C) criminal activity or a local ordinance violation occurring in the dwelling unit or on the premises that is directly relating to domestic violence or sexual violence, engaged in by a tenant, member of a tenant's household, guest, or other party, and against a tenant, household member, guest, or other party. Prohibits counties, townships, or municipalities from enacting or enforcing ordinances to penalize landlords or tenants on the basis of the underlying criminal activity or a local ordinance violation not covered by the provisions of this Section or limit or prohibit the eviction of or imposition of penalties against the perpetrator of the domestic violence, sexual violence, or other criminal activity. Removes a provision requiring repeal or modification of prohibited ordinances. Makes similar changes to the Counties Code and the Township Code. Effective 90 days after becoming law.

Defines "disability" to mean, with respect to a person: (1) a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance, as defined in the federal Controlled Substances Act, 21 U.S.C. 802. Deletes the definition of "emergency situation". Deletes references to "non-criminal emergency situation".

Deletes the provisions amending the Township Code. Additionally, provides that the provisions of the Act do not prohibit counties or municipalities from enacting or enforcing ordinances to impose penalties (currently, penalize landlords or tenants) on the basis of criminal activity or local ordinance violation and to the extent otherwise permitted by existing State and federal law (currently, State and federal law).

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