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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3989 Introduced 5/19/2020, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED:
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Creates the COVID-19 Immunity Act. Provides that, notwithstanding any other provision of law, any individual, business, or unit of local government shall not be liable for any civil damages for any acts or omissions that result in the transmission of COVID-19, other than damages occasioned by willful and wanton misconduct by
the individual, business, or unit of local government. Provides that, with the exception of willful and wanton misconduct, a health care provider shall be immune from civil liability for any injury or death relating to the diagnosis, transmission, or treatment of COVID-19 alleged to have been caused by any act or omission by the health care provider, which injury or death occurred at a time when health care provider was providing health care services consistent with current guidance issued by the Department of Public Health. Provides that the Act applies to any cause of action arising on or after January 1, 2020. Effective immediately.
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| | A BILL FOR |
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| | SB3989 | | LRB101 21392 LNS 72105 b |
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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 1. Short title. This Act may be cited as the |
| 5 | | COVID-19 Immunity Act.
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| 6 | | Section 5. Civil immunity. |
| 7 | | (a) Notwithstanding any other provision of law, any |
| 8 | | individual, business, or unit of local government shall not be |
| 9 | | liable for any civil damages for any acts or omissions that |
| 10 | | result in the transmission of COVID-19, other than damages |
| 11 | | occasioned by willful and wanton misconduct by
the individual, |
| 12 | | business, or unit of local government. |
| 13 | | (b) A health care provider shall be immune from civil |
| 14 | | liability for any injury or death relating to the diagnosis, |
| 15 | | transmission, or treatment of COVID-19 alleged to have been |
| 16 | | caused by any act or omission by the health care provider, |
| 17 | | which injury or death occurred at a time when health care |
| 18 | | provider was providing health care services consistent with |
| 19 | | current guidance issued by the Department of Public Health. |
| 20 | | This subsection is inapplicable if it is established that such |
| 21 | | injury or death was caused by willful and wanton misconduct.
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| 22 | | Section 10. Applicability. This Act applies to any cause of |