Bill Status of HB1914 102nd General Assembly
Short Description: LIMIT PROSECUTORIAL DISCRETION
Rep. Deanne M. Mazzochi
| 3/27/2021||House||Rule 19(a) / Re-referred to Rules Committee|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Local Government and Governmental Employees Tort Immunity Act. Provides that, in counties with more than 3,000,000 inhabitants, any elected officer for a prosecutorial office or judge (1) who sets a policy of refusing to enforce an existing law, or (2) where the exercise of discretion is not individualized based on the merits of a particular case, but is exercised for the purpose of refusing to enforce an existing law, and (3) who does not have a written, good faith belief that the law in question is unenforceable as a matter of law, shall be personally liable to an injured party for legal or equitable relief or any other appropriate relief resulting from the refusal to enforce the existing law. Provides that no unit of county government is obligated to indemnify a prosecutorial officer absent specified findings. Provides that a court shall award reasonable attorney's fees and costs to the plaintiff who is a prevailing party. Provides that, in actions for injunctive relief, a court shall deem a plaintiff a prevailing party if the plaintiff's action was a substantial factor or significant catalyst in obtaining the results sought by the litigation. Provides that, if a judgment is entered in favor of a defendant, the court may award reasonable costs and attorney's fees to the defendant for defending claims the court finds frivolous. Provides that a civil action shall be commenced: (1) within one year after the cause of action accrues if the damages are less than $50,000; or (2) within 2 years if the damages involved equal or exceed $50,000. Provides that implementation of a policy of nonenforcement of an existing law, where the public employee does not have a good faith belief that the law in question is invalid, inapplicable, or unconstitutional, is presumptively willful. Makes other changes.