Bill Text: IL HB3121 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that a person who is denied: (1) the right of counsel at the hearing at which bail is determined; (2) a rehearing on the amount or conditions of bail; or (3) bail credits if eligible may maintain a civil action for actual and punitive damages against the county that denied the person those rights, notwithstanding the provisions of the Local Governmental and Governmental Employees Tort Immunity Act to the contrary.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3121 Detail]

Download: Illinois-2019-HB3121-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3121 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-19 new
Amends the Code of Criminal Procedure of 1963. Provides that a person who is denied: (1) the right of counsel at the hearing at which bail is determined; (2) a rehearing on the amount or conditions of bail; or (3) bail credits if eligible may maintain a civil action for actual and punitive damages against the county that denied the person those rights, notwithstanding the provisions of the Local Governmental and Governmental Employees Tort Immunity Act to the contrary.
LRB101 09690 RLC 54789 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3121 LRB101 09690 RLC 54789 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by adding Section 110-19 as follows:
(725 ILCS 5/110-19 new)
Sec. 110-19. Civil action; denial of rights under Public
Act 100-1. A person who is denied: (1) the right of counsel at
the hearing at which bail is determined under Section 110-5 as
guaranteed by subsection (a-5) of Section 109-1; (2) a
rehearing on the amount or conditions of bail under subsection
(a-5) of Section 110-6; or (3) bail credits if eligible under
Section 110-14 may maintain a civil action for actual and
punitive damages against the county that denied the person
those rights, notwithstanding the provisions of the Local
Governmental and Governmental Employees Tort Immunity Act to
the contrary.