Full Text of HB4192 102nd General Assembly
HB4192 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4192 Introduced 10/26/2021, by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED: |
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Creates the Community Oversight of Vaccination Deception (COViD) Act. Provides that a person shall be held strictly liable for possessing, issuing, delivering, using, altering, or making a false document that is apparently capable of defrauding another with the intent to falsely suggest or aver that a person has been vaccinated for COVID-19. Allows the following to bring a civil action against any person or entity that violates the Act: (1) any private individual; (2) any person or entity that hosts an event requiring a COVID-19 vaccination as a condition of admission or an event at which a person is required to present a document indicating that the person has been vaccinated for COVID-19; (3) any venue, establishment, bar, or restaurant that requires proof of a COVID-19 vaccination as a condition of entry; or (4) any employer, academic institution, or business that requires proof of a COVID-19 vaccination as a condition of admission or employment. Requires the court to award a prevailing claimant: (1) injunctive relief; (2) statutory damages in an amount of not less than $10,000; and (3) costs and attorney's fees. Provides for various limitations.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Community Oversight of Vaccination Deception (COViD) Act. | 6 | | Section 5. Liability. | 7 | | (a) A person shall be held strictly liable for possessing, | 8 | | issuing, delivering, using, altering, or making a false | 9 | | document that is apparently capable of defrauding another with | 10 | | the intent to falsely suggest or aver that a person has been | 11 | | vaccinated for COVID-19. | 12 | | (b) The following may bring a civil action against any | 13 | | person or entity that violates this Act: | 14 | | (1) any private individual; | 15 | | (2) any person or entity that hosts an event requiring | 16 | | a COVID-19 vaccination as a condition of admission or an | 17 | | event at which a person is required to present a document | 18 | | indicating that the person has been vaccinated for | 19 | | COVID-19; | 20 | | (3) any venue, establishment, bar, or restaurant that | 21 | | requires proof of a COVID-19 vaccination as a condition of | 22 | | entry; or | 23 | | (4) any employer, academic institution, or business |
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| 1 | | that requires proof of a COVID-19 vaccination as a | 2 | | condition of admission or employment. | 3 | | Section 10. Damages. If a claimant prevails in an action | 4 | | brought under this Act, the court shall award: | 5 | | (1) injunctive relief sufficient to prevent the | 6 | | defendant from violating this Act; | 7 | | (2) statutory damages in an amount of not less than | 8 | | $10,000; and | 9 | | (3) costs and attorney's fees.
| 10 | | Section 15. Limitations. | 11 | | (a) Notwithstanding any other law, the following are not | 12 | | defenses to an action brought under this Act: | 13 | | (1) ignorance or mistake of law; | 14 | | (2) a defendant's belief that the requirements of this | 15 | | Act are unconstitutional or were unconstitutional; | 16 | | (3) a defendant's reliance on any court decision that | 17 | | has been overruled on appeal or by a subsequent court, | 18 | | even if that court decision had not been overruled when | 19 | | the defendant engaged in conduct that violates this Act; | 20 | | (4) a defendant's reliance on any State or federal | 21 | | court decision that is not binding on the court in which | 22 | | the action has been brought; | 23 | | (5) nonmutual issue preclusion or nonmutual claim | 24 | | preclusion; |
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| 1 | | (6) the consent of the other party; or | 2 | | (7) any claim that the enforcement of this Act or the | 3 | | imposition of civil liability against the defendant will | 4 | | violate the constitutional rights of third parties. | 5 | | (b) The requirements of this Act shall be enforced | 6 | | exclusively through the private civil actions described in | 7 | | this Act. No enforcement of this Act may be taken or threatened | 8 | | by this State, a political subdivision, a State's Attorney, or | 9 | | an executive or administrative officer or employee of this | 10 | | State or a political subdivision. | 11 | | (c) A court may not award relief under this Act if the | 12 | | defendant demonstrates that the defendant previously paid the | 13 | | full amount of statutory damages under this Act in a previous | 14 | | action for that particular violation. | 15 | | (d) A person may bring an action under this Act within 4 | 16 | | years from the date of violation.
| 17 | | Section 20. Venue. A civil action brought under this Act | 18 | | shall be brought in: | 19 | | (1) the county in which all or a substantial part of | 20 | | the events or omissions giving rise to the claim occurred; | 21 | | (2) the county or residence of any one of the natural | 22 | | person defendants at the time of the cause of action | 23 | | accrued; | 24 | | (3) the county of the principal office in this State | 25 | | of any of the defendants that is not a natural person; or |
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| 1 | | (4) the county or residence for the claimant if the | 2 | | claimant is a natural person residing in this State. | 3 | | If a civil action is brought under this Act in any one of | 4 | | the venues described in this Act, the action may not be | 5 | | transferred to a different venue without the written consent | 6 | | of all parties. | 7 | | Section 97. Severability. The provisions of this Act are | 8 | | severable under Section 1.31 of the Statute on Statutes.
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