summary
Introduced
10/28/2025
10/28/2025
In Committee
10/28/2025
10/28/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Creates the Court Access, Safety, and Participation Act. Makes legislative findings concerning access to the courts. Creates a privilege from civil arrest for a person who in good faith is attending a State court proceeding or who is going to, remaining at, or returning from the place of the court proceeding. Provides that a person who violates provisions of the Act is liable for civil damages for false imprisonment, including actual damages and statutory damages of $10,000, if that person knew or reasonably should have known that the person arrested is a person duly and in good faith attending a State court proceeding in which the person is a party, a witness, a potential witness, or a court companion of a party, witness, or potential witness while going to, remaining at, and returning from the court proceeding. Authorizes a court to grant any equitable or declaratory relief it deems appropriate and just. Prohibits an action from being commenced under the Act against the Illinois court system or any Illinois court system personnel acting lawfully under duty to maintain safety and order in the courts. Provides that nothing in the Act affects any right or defense of any person, police officer, peace officer or public officer, or any Illinois court system personnel acting lawfully under their duty to maintain safety and order in the courts. Makes other changes. Specifies that the provisions of the Act are severable. Effective immediately.
AI Summary
This bill establishes the Court Access, Safety, and Participation Act, which aims to protect individuals attending court proceedings from civil arrests. The legislation creates a privilege that prevents people from being arrested for civil matters while going to, attending, or returning from a court proceeding within 1,000 feet of a courthouse. This protection applies to parties, witnesses, potential witnesses, and their court companions, including family members, interpreters, and support personnel. The bill defines "civil arrest" as any arrest not related to criminal violations, probation violations, or those supported by a judicial warrant. If someone violates this protection and arrests a person who is legitimately attending a court proceeding, they can be held liable for civil damages, including $10,000 in statutory damages and actual damages for false imprisonment. The legislation is rooted in the belief that civil arrests at courthouses discourage participation in the judicial system, intimidate witnesses, and impede the fair administration of justice. While the bill prohibits civil arrests, it does not prevent criminal arrests or arrests based on valid judicial warrants. The act also preserves the rights of court system personnel to maintain safety and order, and it takes effect immediately upon becoming law.
Sponsors (1)
Last Action
Referred to Assignments (on 10/28/2025)
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