Bill > SB2729

This bill creates the Illinois Bivens Act, which allows any Illinois resident (except state or local government employees) to file a civil lawsuit against individuals participating in civil immigration enforcement who knowingly violate the Illinois or United States Constitution. The bill establishes comprehensive remedies for such constitutional violations, including monetary, injunctive, and declaratory relief. When determining punitive damages, the court will consider factors such as whether the defendant wore a facial covering, failed to identify themselves as law enforcement, did not use a required body camera, used crowd control equipment, or violated previous court orders. The bill also amends the Whistleblower Act to provide additional protections for employees who disclose potential violations of the Illinois Bivens Act, ensuring they cannot face retaliatory actions from their employers. Importantly, the bill defines key terms like "crowd control equipment" and "facial covering" and allows prevailing plaintiffs to recover reasonable attorney's fees and litigation expenses. The legislation is designed to provide a legal mechanism for individuals to seek accountability for constitutional rights violations during immigration enforcement activities, with the provisions being severable and taking effect immediately upon becoming law.

https://www.ilga.gov/Legislation/BillStatus?DocNum=2729&GAID=18&DocTypeID=SB&SessionID=114&GA=104