Full Text of HB1727 102nd General Assembly
HB1727 102ND GENERAL ASSEMBLY
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 2/17/2021, by Rep. Curtis J. Tarver, II
SYNOPSIS AS INTRODUCED:
Creates the Bad Apples in Law Enforcement Accountability Act of 2021.
Provides that a peace officer subjecting another person to the deprivation
of individual rights is liable to the person for appropriate relief.
Excludes sovereign immunity, statutory immunity, and statutory damages for
claims brought under this provision. Provides that qualified immunity is
not a defense to liability under this provision. Allows attorney's fees
and costs to be awarded to the plaintiff. Provides that civil actions
brought under this provision must be commenced within 5 years after the
cause of action accrues. Requires units of local government to make public
disclosures regarding judgments or settlements awarded under this
provision. Determines what information is not required to be disclosed by
the unit of local government.
A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Apples In Law Enforcement Accountability Act of 2021.
Right of action.
(a) A peace officer, as defined in Section 2-13 of the
Criminal Code of 2012, who subjects or causes to be subjected,
including by failing to intervene, any other person to the
deprivation of any individual rights arising under Illinois
Constitution, is liable to the injured party for legal or
equitable relief or any other appropriate relief.
(b) Sovereign immunity, statutory immunities, and
statutory limitations on liability, damages, or attorney's
fees do not apply to claims brought under this Section. The
Local Governmental and Governmental Employees Tort Immunity
Act does not apply to claims brought under this Section.
(c) Qualified immunity is not a defense to liability under
(d) In any action brought under this Section, a court
shall award reasonable attorney's fees and costs to the
plaintiff, including expert witness fees and other litigation
expenses, if they are a prevailing party as defined in
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subsection (d) of Section 5 of the Illinois Civil Rights Act of
2003. In actions for injunctive relief, a court shall deem a
plaintiff to have prevailed if the plaintiff's suit was a
substantial factor or significant catalyst in obtaining the
results sought by the litigation. When 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.
(e) A civil action under this Section must be commenced
within 5 years after the cause of action accrues.
Reporting of judgments and settlements.
(a) Any unit of local government that employs a peace
officer who incurs liability under this Act, whether in the
form of judgment or settlement entered against the peace
officer for claims arising under this Act, shall publicly
(1) the name of any peace officer or peace officers
whose actions or conduct led to the judgment or
(2) the amount of the judgment or settlement, and the
portion of that judgment or settlement, if any,
indemnified by the unit of local government.
(3) any internal discipline taken against the peace
officer or peace officers whose actions or conduct led to
the judgment or settlement; and
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(4) any criminal charges pursued against the peace
officer or peace officers for the actions or conduct that
led to the judgment or settlement.
(b) The unit of local government shall not disclose the
address, social security number, or other unique, non-public
personal identifying information of any individual who brings
a claim under this Act.