SB 3398 Illinois Senate · 104th Regular Session

CIV PRO-TENANTS IN COMMON

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 status signed all 5 stages cleared
Introduction
Apr 2026
Committee Review
May 2026
Senate Passage
May 2026
House Passage
May 2026
Signed into Law
Aug 2026
Introduced Apr 17, 2026 Signed Aug 7, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

Engrossed Enrolled · 4 edits · Aug 7, 2026
MODERATE
The bill was amended to change its subject matter from property law to healthcare law. The original text, which dealt with tenants in common seeking ownership of land after intestate succession, was completely removed. It was replaced with new provisions establishing a hierarchy of surrogate decision-makers for patients who lack the capacity to make their own medical decisions.
Scope change
The bill's scope shifted entirely from real estate and probate law to health care and medical decision-making law.
SCOPE

Removed all text related to a legal action for tenants in common to claim ownership of property after intestate succession.

REQUIREMENT

Added a new section requiring healthcare providers to make reasonable inquiries to identify a patient's health care agent or family surrogates when the patient lacks decisional capacity.

Established a specific priority order for surrogate decision-makers, starting with the patient's guardian, spouse, adult children, parents, siblings, and other relatives.

DEFINITION

Defined the roles and responsibilities of surrogates, including their authority to make medical decisions and the process for resolving disagreements among surrogates at the same priority level.

Floor votes · Senate Apr 16, 2026 · House May 31, 2026

How they voted

540
Passed · 4 other
Total votes 58
Apr 16, 2026
D Democratic39
36 Yea 3
92% Yea
R Republican19
18 Yea 1
94% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
63
Key actions
15
Committee
19
Amendments
16
Aug 7, 2026
Signed into law
Governor Approved
upper
May 31, 2026
Upper · Passed
Passed Both Houses
upper
May 31, 2026
Introduced
House Floor Amendment No. 2 Senate Concurs 056-000-000
upper
May 31, 2026
Introduced
House Floor Amendment No. 1 Senate Concurs 056-000-000
upper
May 31, 2026
Introduced
House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 012-000-000
upper
May 31, 2026
Introduced
House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 012-000-000
upper
May 31, 2026
Committee
House Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive
upper
May 31, 2026
Committee
House Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive
upper
May 31, 2026
Committee
House Floor Amendment No. 2 Motion to Concur Referred to Assignments
upper
May 31, 2026
Committee
House Floor Amendment No. 1 Motion to Concur Referred to Assignments
upper
May 31, 2026
Introduced
Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 31, 2026
upper
May 31, 2026
Introduced
Secretary's Desk - Concurrence House Amendment(s) 1, 2
upper
May 31, 2026
Lower · Passed
Third Reading - Short Debate - Passed 116-000-000
lower
May 31, 2026
Lower · Passed
House Floor Amendment No. 2 Adopted
lower
May 31, 2026
Lower · Passed
House Floor Amendment No. 1 Adopted
lower
May 30, 2026
Lower · Passed
House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 020-000-000
lower
May 29, 2026
Lower · Passed
House Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee
lower
May 29, 2026
Lower · Passed
House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 019-000-000
lower
May 29, 2026
Committee
House Floor Amendment No. 2 Referred to Rules Committee
lower
May 29, 2026
Introduced
House Floor Amendment No. 2 Filed with Clerk by Rep. Jay Hoffman
lower
May 29, 2026
Lower · Passed
House Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
lower
May 28, 2026
Committee
House Floor Amendment No. 1 Referred to Rules Committee
lower
May 28, 2026
Introduced
House Floor Amendment No. 1 Filed with Clerk by Rep. Jay Hoffman
lower
May 6, 2026
Lower · Passed
Do Pass / Short Debate Judiciary - Civil Committee; 018-000-000
lower
Apr 27, 2026
Committee
Assigned to Judiciary - Civil Committee
lower
Apr 17, 2026
Committee
Referred to Rules Committee
lower
Apr 17, 2026
Introduced
Arrived in House
lower
Apr 16, 2026
Upper · Passed
Third Reading - Passed; 055-000-000
upper
Apr 16, 2026
Upper · Passed
Senate Floor Amendment No. 2 Adopted; Martwick
upper
Apr 15, 2026
Introduced
Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 009-000-000
upper
Apr 14, 2026
Introduced
Senate Floor Amendment No. 2 Assignments Refers to Judiciary
upper
Apr 9, 2026
Committee
Senate Floor Amendment No. 2 Referred to Assignments
upper
Apr 9, 2026
Introduced
Senate Floor Amendment No. 2 Filed with Secretary by Sen. Robert F. Martwick
upper
Mar 5, 2026
Upper · Passed
Do Pass as Amended Judiciary; 009-000-000
upper
Mar 4, 2026
Upper · Passed
Senate Committee Amendment No. 1 Adopted
upper
Mar 3, 2026
Upper · Passed
Senate Committee Amendment No. 1 Assignments Refers to Judiciary
upper
Feb 26, 2026
Committee
Senate Committee Amendment No. 1 Referred to Assignments
upper
Feb 26, 2026
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Robert F. Martwick
upper
Feb 17, 2026
Committee
Assigned to Judiciary
upper
Feb 4, 2026
Committee
Referred to Assignments
upper
2 primary · 0 co-sponsors

Sponsors