102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3669
 
Introduced 2/22/2021, by Rep. Sonya M. Harper
 
SYNOPSIS AS INTRODUCED:
 

 
New Act

     Creates the Malicious False Reporting Liability Act. Provides that a person may bring an action against another person for malicious false reporting to a law enforcement agency. Provides that a person bring an action may recover: an amount in actual and punitive damages or liquidated damages of at least $250 and not more than $1,500; the costs of the action; and reasonable attorney's fees.
  


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A BILL FOR
 

  
HB3669LRB102 14032 LNS 19384 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 1. Short title. This Act may be cited as the 
5Malicious False Reporting Liability Act.
 
6    Section 5. Cause of action. 
7    (a) A person may bring an action against another person 
8for malicious false reporting if the person is able to 
9establish:
10        (1) the other person made a false report to a law 
11    enforcement agency knowing that the report was false; and
12        (2) as a result of the report, the person was 
13    questioned, detained, or arrested by a law enforcement 
14    officer.
15    (b) A person may bring an action under this Act even if the 
16other person:
17        (1) has not been prosecuted for the crime of false 
18    reporting or false informing;
19        (2) has not been convicted of the crime of false 
20    reporting or false informing; or
21        (3) has been acquitted of the crime of false reporting 
22    or false informing.
23    (c) A separate cause of action may be brought by each 
 
 
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1person damaged by the other person's actions under this Act.
 
2    Section 10. Remedies. 
3    (a) A person bringing an action under this Act may 
4recover:
5        (1) an amount in:
6            (A) actual and punitive damages; or
7            (B) liquidated damages of at least $250 and not 
8        more than $1,500;
9        (2) the costs of the action; and
10        (3) reasonable attorney's fees.
11    (b) In determining the amount of damages under this 
12Section, the court shall consider whether the person's 
13actions:
14        (1) implicated a right protected under the 
15    Constitution of the United States or the Illinois 
16    Constitution;
17        (2) were intended to discriminate against the person;
18        (3) caused the person to feel harassed, humiliated, or 
19    embarrassed;
20        (4) caused the person to be expelled from a place in 
21    which the person was lawfully located; or
22        (5) damaged the person's:
23            (A) reputation or standing in the community; or
24            (B) financial, economic, consumer, or business 
25        prospects or interests.