102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4192
 
Introduced 10/26/2021, by Rep. Ann M. Williams
 
SYNOPSIS AS INTRODUCED:
 

 
New Act

     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,
 
3represented in the General Assembly:
  
 
 
4    Section 1. Short title. This Act may be cited as the 
5Community Oversight of Vaccination Deception (COViD) Act.
 
6    Section 5. Liability.
7    (a) A person shall be held strictly liable for possessing, 
8issuing, delivering, using, altering, or making a false 
9document that is apparently capable of defrauding another with 
10the intent to falsely suggest or aver that a person has been 
11vaccinated for COVID-19.
12    (b) The following may bring a civil action against any 
13person 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 
4brought 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 
12defenses 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 
6exclusively through the private civil actions described in 
7this Act.  No enforcement of this Act may be taken or threatened 
8by this State, a political subdivision, a State's Attorney, or 
9an executive or administrative officer or employee of this 
10State or a political subdivision.
11    (c) A court may not award relief under this Act if the 
12defendant demonstrates that the defendant previously paid the 
13full amount of statutory damages under this Act in a previous 
14action for that particular violation.
15    (d) A person may bring an action under this Act within 4 
16years from the date of violation.
  
 
17    Section 20. Venue. A civil action brought under this Act 
18shall 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 
4the venues described in this Act, the action may not be 
5transferred to a different venue without the written consent 
6of all parties.
 
7    Section 97. Severability. The provisions of this Act are 
8severable under Section 1.31 of the Statute on Statutes.