summary
Introduced
02/05/2026
02/05/2026
In Committee
02/05/2026
02/05/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Illinois Civil Rights Act of 2003. Provides that the Act may be referred to as the Illinois Accountability Act. Provides that a person who claims to have suffered a deprivation of any rights, privileges or immunities under the Illinois Constitution because of acts or omissions of a public body or person acting on behalf of a public body, under color of, or within the course and scope of the authority of a public body may maintain an action to establish liability and recover compensatory damages, punitive damages, and injunctive relief. Provides that in any action filed under the Act, a public body or person acting on behalf of a public body does not enjoy the defense of qualified immunity for causing the deprivation of any rights, privileges, or immunities secured by the Illinois Constitution. Provides that if the plaintiff prevails in an action under the Act, the public body is liable for reasonable attorney's fees and other litigation costs. Provides that statutory immunities and limitations on liability, damages, or attorney's fees do not apply to claims brought under the Act. Provides that an action filed under the Act that is pending does not abate upon the death of the plaintiff or defendant. Provides that a judgment awarded under the Act against a person acting on behalf of a public body, under color of, or within the course and scope of the authority of the public body is to be paid by the public body. Provides that the State does not have sovereign immunity for itself or any of its political subdivisions against claims brought the Act. Provides that if there is any conflict between the Act and any other law of this State, the amendatory Act controls.
AI Summary
This bill, which may be referred to as the Illinois Accountability Act, amends the Illinois Civil Rights Act of 2003 to allow individuals to sue public bodies, such as state agencies, local governments, and school districts, for violations of their rights guaranteed by the Illinois Constitution. It clarifies that public bodies and their employees acting under official authority cannot claim "qualified immunity," a defense that typically shields government officials from liability in civil lawsuits, when accused of violating these constitutional rights. If a person wins a lawsuit under this Act, the public body will be responsible for paying compensatory damages (money to cover losses), punitive damages (money to punish wrongdoing), and any court orders to stop the violation (injunctive relief), as well as the plaintiff's reasonable attorney fees and litigation costs. Importantly, existing laws that limit liability, damages, or attorney fees will not apply to claims brought under this new Act, and the State cannot use "sovereign immunity," a legal doctrine that protects governments from lawsuits, as a defense. Any judgments against an individual employee acting on behalf of a public body will be paid by the public body, and the bill also mandates that public bodies keep records of all judgments and settlements related to these claims.
Sponsors (1)
Last Action
Referred to Assignments (on 02/05/2026)
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