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
Provides that the Act may be referred to as the Abraham Lincoln Law. Amends the Illinois Civil Rights Act of 2003. Creates a cause of action against a person who, under color of any State law or rule or ordinance by a unit of local government deprives any citizen of this State or other person within the State's jurisdiction of any rights, privileges, or immunities secured by the Illinois Constitution. Provides that it is not a defense to any action filed under the Act that, at the time of the deprivation: (i) the defendant was acting in good faith; (ii) the defendant believed, reasonably or otherwise, that the defendant's conduct was lawful; (iii) the rights, privileges, or immunities secured by the Illinois Constitution were not clearly established; (iv) the state of the law was such that the defendant could not reasonably have been expected to know whether the conduct was lawful; or (v) the defendant was acting in a prosecutorial or judicial capacity. Provides that in any proceeding under the Act in which a plaintiff's claim prevails, the defendant shall be liable for reasonable attorney's fees and other litigation costs, including fees incurred on an hourly or contingency basis, as well as by an attorney providing services pro bono. Provides that a plaintiff's claim shall be deemed to have prevailed if the plaintiff obtains any relief sought in the complaint, whether via judgment, settlement, or the defendant's voluntary action. 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, to be known as the Abraham Lincoln Law, amends the Illinois Civil Rights Act of 2003 to create a new legal pathway for individuals whose rights under the Illinois Constitution are violated by state or local government actions. It establishes a cause of action, meaning a right to sue, against any person acting under the authority of state law or local ordinances who deprives someone of their constitutional rights, privileges, or immunities. Importantly, the bill specifies that certain common defenses, such as acting in good faith, believing the conduct was lawful, or the rights not being clearly established, will not be allowed in these cases, and this applies even if the defendant was acting as a prosecutor or judge. Furthermore, if a plaintiff wins their case, the defendant will be responsible for paying the plaintiff's reasonable attorney fees and other litigation costs, regardless of how the fees were structured (hourly, contingency, or pro bono), and a plaintiff is considered to have won if they receive any of the relief they requested, whether through a court decision, a settlement, or if the defendant voluntarily takes action to resolve the issue. Finally, this new law will take precedence over any other conflicting state laws.
Sponsors (1)
Last Action
Referred to Assignments (on 02/05/2026)
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