Bill Text: IL HB1914 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that, in counties with more than 3,000,000 inhabitants, any elected officer for a prosecutorial office or judge (1) who sets a policy of refusing to enforce an existing law, or (2) where the exercise of discretion is not individualized based on the merits of a particular case, but is exercised for the purpose of refusing to enforce an existing law, and (3) who does not have a written, good faith belief that the law in question is unenforceable as a matter of law, shall be personally liable to an injured party for legal or equitable relief or any other appropriate relief resulting from the refusal to enforce the existing law. Provides that no unit of county government is obligated to indemnify a prosecutorial officer absent specified findings. Provides that a court shall award reasonable attorney's fees and costs to the plaintiff who is a prevailing party. Provides that, in actions for injunctive relief, a court shall deem a plaintiff a prevailing party if the plaintiff's action was a substantial factor or significant catalyst in obtaining the results sought by the litigation. Provides that, if a judgment is entered in favor of a defendant, the court may award reasonable costs and attorney's fees to the defendant for defending claims the court finds frivolous. Provides that a civil action shall be commenced: (1) within one year after the cause of action accrues if the damages are less than $50,000; or (2) within 2 years if the damages involved equal or exceed $50,000. Provides that implementation of a policy of nonenforcement of an existing law, where the public employee does not have a good faith belief that the law in question is invalid, inapplicable, or unconstitutional, is presumptively willful. Makes other changes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1914 Detail]
Download: Illinois-2021-HB1914-Introduced.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Local Governmental and Governmental | |||||||||||||||||||
5 | Employees Tort
Immunity Act is amended by changing Section | |||||||||||||||||||
6 | 2-201 as follows:
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7 | (745 ILCS 10/2-201) (from Ch. 85, par. 2-201)
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8 | Sec. 2-201. Public employee liability. | |||||||||||||||||||
9 | (a) Except as otherwise provided by Statute or in this | |||||||||||||||||||
10 | Section , a public employee
serving in a position involving the | |||||||||||||||||||
11 | determination of policy or the exercise
of discretion is not | |||||||||||||||||||
12 | liable for an injury resulting from his act or
omission in | |||||||||||||||||||
13 | determining policy when acting in the exercise of such
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14 | discretion even though abused. | |||||||||||||||||||
15 | (b) In counties with more than 3,000,000 inhabitants, any | |||||||||||||||||||
16 | elected officer for a prosecutorial office (1) who sets a | |||||||||||||||||||
17 | policy of refusing to enforce an existing law duly passed by | |||||||||||||||||||
18 | the General Assembly, or (2) where the exercise of discretion | |||||||||||||||||||
19 | is not individualized based on the merits of a particular | |||||||||||||||||||
20 | case, but is exercised for the purpose of refusing to enforce | |||||||||||||||||||
21 | an existing law set by the General Assembly, and (3) who does | |||||||||||||||||||
22 | not have a written, good faith belief that the law in question | |||||||||||||||||||
23 | is unenforceable as a matter of law, shall be personally |
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1 | liable to an injured party for legal or equitable relief or any | ||||||
2 | other appropriate relief resulting from the refusal to enforce | ||||||
3 | the existing law. | ||||||
4 | (c) No unit of county government is obligated to indemnify | ||||||
5 | an officer under subsection (b) absent a finding that the unit | ||||||
6 | of county government: | ||||||
7 | (1) approved of the existing policy; or | ||||||
8 | (2) refused to provide the prosecutorial office with | ||||||
9 | budget resources to prosecute claims under the law in | ||||||
10 | question. Upon giving the county board notice of | ||||||
11 | nonenforcement, if within 60 days evidence is provided | ||||||
12 | that the county board approved funding for at least 250 | ||||||
13 | full-time equivalent hours, or a funding level that is | ||||||
14 | objectively reasonable given the effort and time | ||||||
15 | associated with prosecuting offenses under the law in | ||||||
16 | question, shall presumptively preclude any requirement | ||||||
17 | that the unit of county government immunize the elected | ||||||
18 | officer in subsection (b). | ||||||
19 | (d) In counties with more than 3,000,000 inhabitants, a | ||||||
20 | judge (1) who sets a policy of refusing to enforce an existing | ||||||
21 | law duly passed by the General Assembly, or (2) where the | ||||||
22 | exercise of judicial discretion is not individualized based on | ||||||
23 | the merits of a particular case, but is exercised for the | ||||||
24 | purpose of refusing to enforce an existing law set by the | ||||||
25 | General Assembly, and (3) who does not have a written, good | ||||||
26 | faith belief that the law in question is unenforceable as a |
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1 | matter of law, shall be personally liable to an injured party | ||||||
2 | for legal or equitable relief or any other appropriate relief | ||||||
3 | resulting from the refusal to enforce the existing law. | ||||||
4 | (e) In any action brought under this Section, a court | ||||||
5 | shall award reasonable attorney's fees and costs to the | ||||||
6 | plaintiff, including expert witness fees and other litigation | ||||||
7 | expenses, if the plaintiff is a prevailing party as defined in | ||||||
8 | subsection (d) of Section 5 of the Illinois Civil Rights Act of | ||||||
9 | 2003. In an action for injunctive relief, a court shall deem a | ||||||
10 | plaintiff a prevailing party if the plaintiff's action was a | ||||||
11 | substantial factor or significant catalyst in obtaining the | ||||||
12 | results sought by the litigation. If a judgment is entered in | ||||||
13 | favor of a defendant, the court may award reasonable costs and | ||||||
14 | attorney's fees to the defendant for defending claims the | ||||||
15 | court finds frivolous. | ||||||
16 | (f) A civil action under this Section shall be commenced: | ||||||
17 | (1) within one year after the cause of action accrues | ||||||
18 | if the damages are less than $50,000; or | ||||||
19 | (2) within 2 years if the damages equal or exceed | ||||||
20 | $50,000. | ||||||
21 | Such civil actions shall become moot if the elected | ||||||
22 | official responsible for the nonenforcement resigns from | ||||||
23 | office. | ||||||
24 | (g) Implementation of a policy of nonenforcement of an | ||||||
25 | existing law, if the public employee does not have a good faith | ||||||
26 | belief that the law in question is invalid, inapplicable, or |
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1 | unconstitutional, is presumptively willful. Belief that the | ||||||
2 | law in question passed by the General Assembly represents a | ||||||
3 | bad public policy is not sufficient to create a good faith | ||||||
4 | belief. Failure to mitigate the impact on the victims of a | ||||||
5 | policy of nonenforcement, after having had notice of damage | ||||||
6 | regarding the same, creates a presumption that the | ||||||
7 | nonenforcement is being done wantonly, and in disregard of the | ||||||
8 | life, limbs, health, safety, reputation, or property rights of | ||||||
9 | the class of individuals impacted by the nonenforcement | ||||||
10 | policy. A policy may be inferred if failure to comply by a | ||||||
11 | subordinate employee would lead to termination, discipline, or | ||||||
12 | other adverse employment consequences.
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13 | (Source: Laws 1965, p. 2983.)
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