Illinois General Assembly - Bill Status for HB3023

Creates the Neighborhood Freedom from Intimidation Act. Creates a private cause of action for persons threatened by intimidation by threat of violence. Provides that if a plaintiff prevails in an action, the court shall award actual damages, including, but not limited to, emotional distress or $10,000 per defendant, whichever is greater. Provides that if a plaintiff prevails in the action, the court shall award the plaintiff reasonable attorney's fees and costs. Exempts statements concerning positions in a labor dispute that are made during otherwise lawful labor picketing. Provides that speech alone may not support an action brought under this Act, except upon a showing of all of the following: (i) the speech itself threatens violence against a specific person or group of persons; (ii) the person or group of persons against whom the threat is directed reasonably fears that, because of the speech, violence will be committed against them or their property; (iii) the person threatening violence is acting in reckless disregard for the threatening nature of the speech; and (iv) the person threatening violence has the apparent ability to carry out the threat.

Replaces everything after the enacting clause. Creates the Neighborhood Freedom from Intimidation Act. Creates a private cause of action for persons who have been threatened or intimidated by intentionally threatening leafletting. Creates a private cause of action for persons who have been threatened or intimidated by the intentional false reporting of a violent crime. Provides that if a plaintiff prevails in a private cause of action under the Act, the court may award all appropriate relief, including injunctive relief, monetary damages, reasonable attorney's fees and costs, or any other appropriate relief in law or equity. Provides that speech alone may not support a private cause of action brought under the Act, except upon a showing of specified conditions. Provides that the Act does not intend, nor allow, a private cause of actions to be brought for constitutionally protected activity.

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