Illinois 104th General Assembly Status: To Executive 1 D cosponsors

SB3398      — CIV PRO-TENANTS IN COMMON

Last action — Public Act . . . . . . . . . 104-0820

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced February 04, 2026. It awaits signature.

Next likely step: the executive signs it into law or issues a veto.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 66% · moderate confidence

  • To Executive

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill establishes a process for tenants in common to obtain legal title to inherited property.

This legislation allows tenants in common who have inherited property to gain legal title after meeting certain conditions. They must possess the property for seven years, pay all taxes, and follow a specific notification process.

What this means for you
  • Families: This means families who inherit property can more easily secure legal ownership if they meet specific requirements.

Summary

Amends the Code of Civil Procedure. Establishes a process for a tenant in common or tenants in common who have inherited real property under the intestate provisions of the Probate Act of 1975 to obtain legal title to that property. Provides that the petitioner or petitioners must have been in actual possession for 7 years and have paid all taxes on the property during those 7 years. Requires that the petitioner or petitioners must file a signed declaration with the recorder of deeds at least 2 years before an action under the new provisions may be commenced stating intent to acquire title using the process under the new provisions, send notice to any other person or persons with an ownership interest in the property, and publish a notice of the action in a newspaper of general circulation in the jurisdiction where the property is located. Permits persons with ownership to oppose the petition. Makes other changes.

Bill Text

We don't have the full text on file for this bill yet.

Read SB3398 on the official Illinois source →

Action History

  1. Public Act . . . . . . . . . 104-0820

  2. Effective Date August 7, 2026

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Concurs

  7. House Floor Amendment No. 2 Senate Concurs 056-000-000

  8. House Floor Amendment No. 1 Senate Concurs 056-000-000

  9. House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 012-000-000

  10. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 012-000-000

  11. House Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive

  12. House Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive

  13. House Floor Amendment No. 2 Motion to Concur Referred to Assignments

  14. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Michael W. Halpin

  15. House Floor Amendment No. 1 Motion to Concur Referred to Assignments

  16. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Michael W. Halpin

  17. Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 31, 2026

  18. Secretary's Desk - Concurrence House Amendment(s) 1, 2

  19. Third Reading - Short Debate - Passed 116-000-000

  20. Placed on Calendar Order of 3rd Reading - Short Debate

  21. House Floor Amendment No. 2 Adopted

  22. House Floor Amendment No. 1 Adopted

  23. House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 020-000-000

  24. House Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee

  25. House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 019-000-000

  26. Chief Sponsor Changed to Sen. Michael W. Halpin

  27. House Floor Amendment No. 2 Referred to Rules Committee

  28. House Floor Amendment No. 2 Filed with Clerk by Rep. Jay Hoffman

  29. House Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee

  30. House Floor Amendment No. 1 Referred to Rules Committee

  31. House Floor Amendment No. 1 Filed with Clerk by Rep. Jay Hoffman

  32. Alternate Chief Sponsor Changed to Rep. Jay Hoffman

  33. Third Reading/Final Action Deadline Extended-9(b) May 31, 2026

  34. Held on Calendar Order of Second Reading - Short Debate

  35. Second Reading - Short Debate

  36. Placed on Calendar 2nd Reading - Short Debate

  37. Do Pass / Short Debate Judiciary - Civil Committee; 018-000-000

  38. Assigned to Judiciary - Civil Committee

  39. Referred to Rules Committee

  40. First Reading

  41. Chief House Sponsor Rep. Jennifer Gong-Gershowitz

  42. Arrived in House

  43. Third Reading - Passed; 055-000-000

  44. Placed on Calendar Order of 3rd Reading

  45. Senate Floor Amendment No. 2 Adopted; Martwick

  46. Recalled to Second Reading

  47. Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 009-000-000

  48. Senate Floor Amendment No. 2 Assignments Refers to Judiciary

  49. Senate Floor Amendment No. 2 Referred to Assignments

  50. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Robert F. Martwick

  51. Placed on Calendar Order of 3rd Reading March 12, 2026

  52. Second Reading

  53. Placed on Calendar Order of 2nd Reading March 10, 2026

  54. Do Pass as Amended Judiciary; 009-000-000

  55. Senate Committee Amendment No. 1 Adopted

  56. Senate Committee Amendment No. 1 Assignments Refers to Judiciary

  57. Senate Committee Amendment No. 1 Referred to Assignments

  58. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Robert F. Martwick

  59. Postponed - Judiciary

  60. Assigned to Judiciary

  61. Referred to Assignments

  62. First Reading

  63. Filed with Secretary by Sen. Robert F. Martwick

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 181 not signed on

Sponsors (1)

Co-sponsors (1)

  • Jay Hoffman

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Executive

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 4000
Democrat 7001
Unaffiliated 1000
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Harris III, Napoleon — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
Don Harmon Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Omar Aquino Democrat Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea

Official roll call →

Third Reading

Passed 116 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 69001
Republican 37001
Unaffiliated 9000
Total 115002
% of votes cast 98%0%0%2%
How each member voted (117)
Member Party Vote
Jacobs — Yea
Johnson — Yea
Jones — Yea
Du Buclet — Yea
Faver Dias — Yea
Hernandez, Lisa — Yea
Katz Muhl — Yea
La Ha — Yea
Yang Rohr — Yea
Aarón M. Ortíz Democrat Yea
Abdelnasser Rashid Democrat Yea
Amy Briel Democrat Yea
Angelica Guerrero-Cuellar Democrat Yea
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Curtis J. Tarver, II Democrat Yea
Dagmara Avelar Democrat Yea
Daniel Didech Democrat Yea
Dave Vella Democrat Yea
Debbie Meyers-Martin Democrat Yea
Diane Blair-Sherlock Democrat Yea
Edgar González, Jr. Democrat Yea
Eva-Dina Delgado Democrat Yea
Fred Crespo Democrat Yea
Harry Benton Democrat Yea
Hoan Huynh Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jawaharial Williams Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Not Voting
Justin Cochran Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
Kevin John Olickal Democrat Yea
La Shawn K. Ford Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Lilian Jiménez Democrat Yea
Lindsey LaPointe Democrat Yea
Lisa Davis Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Margaret A. DeLaRosa Democrat Yea
Margaret Croke Democrat Yea
Martha Deuter Democrat Yea
Mary Beth Canty Democrat Yea
Mary Gill Democrat Yea
Matt Hanson Democrat Yea
Maura Hirschauer Democrat Yea
Maurice A. West, II Democrat Yea
Michael Crawford Democrat Yea
Michael J. Kelly Democrat Yea
Michelle Mussman Democrat Yea
Nabeela Syed Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Nicolle Grasse Democrat Yea
Norma Hernandez Democrat Yea
Rick Ryan Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sharon Chung Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Suzanne M. Ness Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Yolonda Morris Democrat Yea
Adam M. Niemerg Republican Yea
Amy Elik Republican Yea
Amy L. Grant Republican Yea
Blaine Wilhour Republican Yea
Brad Halbrook Republican Yea
Brad Stephens Republican Yea
Bradley Fritts Republican Yea
Brandun Schweizer Republican Yea
Charles Meier Republican Yea
Chris Miller Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
David Friess Republican Yea
Dennis Tipsword Republican Not Voting
Jackie Haas Republican Yea
Jason R. Bunting Republican Yea
Jed Davis Republican Yea
Jeff Keicher Republican Yea
Jennifer Sanalitro Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Kevin Schmidt Republican Yea
Kyle Moore Republican Yea
Martin McLaughlin Republican Yea
Michael J. Coffey, Jr. Republican Yea
Norine K. Hammond Republican Yea
Patrick Sheehan Republican Yea
Patrick Windhorst Republican Yea
Regan Deering Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea
Travis Weaver Republican Yea
Wayne A. Rosenthal Republican Yea
William E Hauter Republican Yea

Official roll call →

Concurrence

Passed 56 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 18001
Democrat 32002
Unaffiliated 5000
Total 55003
% of votes cast 95%0%0%5%
How each member voted (58)
Member Party Vote
Simmons — Yea
Harris, N. — Yea
Johnson — Yea
Glowiak Hilton — Yea
Loughran Cappel — Yea
Bill Cunningham Democrat Yea
Celina Villanueva Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Doris Turner Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Graciela Guzmán Democrat Yea
Javier L. Cervantes Democrat Yea
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Not Voting
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mark L. Walker Democrat Yea
Mary Edly-Allen Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Michael W. Halpin Democrat Yea
Mike Porfirio Democrat Yea
Omar Aquino Democrat Yea
Patrick J. Joyce Democrat Yea
Paul Faraci Democrat Yea
Rachel Ventura Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Sara Feigenholtz Democrat Not Voting
Steve Stadelman Democrat Yea
Willie Preston Democrat Yea
Andrew S. Chesney Republican Yea
Chapin Rose Republican Yea
Chris Balkema Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Not Voting
Darby A. Hills Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Erica Harriss Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Li Arellano, Jr. Republican Yea
Neil Anderson Republican Yea
Sally J. Turner Republican Yea
Seth Lewis Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Terri Bryant Republican Yea

Official roll call →

Judiciary

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 13000
Republican 7000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)
Member Party Vote
Ann M. Williams Democrat Yea
Bob Morgan Democrat Yea
Curtis J. Tarver, II Democrat Yea
Dagmara Avelar Democrat Yea
Daniel Didech Democrat Yea
Dave Vella Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Kevin John Olickal Democrat Yea
Lilian Jiménez Democrat Yea
Mary Beth Canty Democrat Yea
Maurice A. West, II Democrat Yea
Robert "Bob" Rita Democrat Yea
Tracy Katz Muhl Democrat Yea
Bradley Fritts Republican Yea
Daniel J. Ugaste Republican Yea
David Friess Republican Yea
Jed Davis Republican Yea
Martin McLaughlin Republican Yea
Steven Reick Republican Yea
Tom Weber Republican Yea

Official roll call →

Judiciary

Passed 19 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 13000
Republican 6001
Total 19001
% of votes cast 95%0%0%5%
How each member voted (20)
Member Party Vote
Ann M. Williams Democrat Yea
Bob Morgan Democrat Yea
Curtis J. Tarver, II Democrat Yea
Dagmara Avelar Democrat Yea
Daniel Didech Democrat Yea
Dave Vella Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Kevin John Olickal Democrat Yea
Lilian Jiménez Democrat Yea
Mary Beth Canty Democrat Yea
Maurice A. West, II Democrat Yea
Robert "Bob" Rita Democrat Yea
Tracy Katz Muhl Democrat Yea
Bradley Fritts Republican Yea
Daniel J. Ugaste Republican Yea
David Friess Republican Yea
Jed Davis Republican Not Voting
Martin McLaughlin Republican Yea
Steven Reick Republican Yea
Tom Weber Republican Yea

Official roll call →

Judiciary

Passed 18 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 12001
Republican 6001
Total 18002
% of votes cast 90%0%0%10%
How each member voted (20)
Member Party Vote
Ann M. Williams Democrat Yea
Bob Morgan Democrat Yea
Curtis J. Tarver, II Democrat Yea
Daniel Didech Democrat Yea
Dave Vella Democrat Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Kam Buckner Democrat Not Voting
Kevin John Olickal Democrat Yea
Lilian Jiménez Democrat Yea
Mary Beth Canty Democrat Yea
Tracy Katz Muhl Democrat Yea
Bradley Fritts Republican Not Voting
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
David Friess Republican Yea
Jed Davis Republican Yea
Martin McLaughlin Republican Yea
Tom Weber Republican Yea

Official roll call →

Third Reading

Passed 55 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 18001
Democrat 31003
Unaffiliated 5000
Total 54004
% of votes cast 93%0%0%7%
How each member voted (58)
Member Party Vote
Simmons — Yea
Harris, N. — Yea
Johnson — Yea
Glowiak Hilton — Yea
Loughran Cappel — Yea
Bill Cunningham Democrat Not Voting
Celina Villanueva Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Doris Turner Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Graciela Guzmán Democrat Yea
Javier L. Cervantes Democrat Yea
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mark L. Walker Democrat Yea
Mary Edly-Allen Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Michael W. Halpin Democrat Yea
Mike Porfirio Democrat Not Voting
Omar Aquino Democrat Yea
Patrick J. Joyce Democrat Yea
Paul Faraci Democrat Yea
Rachel Ventura Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Not Voting
Sara Feigenholtz Democrat Yea
Steve Stadelman Democrat Yea
Willie Preston Democrat Yea
Andrew S. Chesney Republican Yea
Chapin Rose Republican Yea
Chris Balkema Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Darby A. Hills Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Erica Harriss Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Li Arellano, Jr. Republican Not Voting
Neil Anderson Republican Yea
Sally J. Turner Republican Yea
Seth Lewis Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Terri Bryant Republican Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does SB3398      do?
Amends the Code of Civil Procedure. Establishes a process for a tenant in common or tenants in common who have inherited real property under the intestate provisions of the Probate Act of 1975 to obtain legal title to that property. Provides that the petitioner or petitioners must have been in actual possession for 7 years and have paid all taxes on the property during those 7 years. Requires that the petitioner or petitioners must file a signed declaration with the recorder of deeds at least 2 years before an action under the new provisions may be commenced stating intent to acquire title using the process under the new provisions, send notice to any other person or persons with an ownership interest in the property, and publish a notice of the action in a newspaper of general circulation in the jurisdiction where the property is located. Permits persons with ownership to oppose the petition. Makes other changes.
Who sponsors SB3398     ?
SB3398      is sponsored by Jay Hoffman and Michael W. Halpin (Democrat).
What is the current status of SB3398     ?
This bill has been sent to the executive. Introduced February 04, 2026. It awaits signature.
Where can I track SB3398     ?
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