SB3699 104TH GENERAL ASSEMBLY

LRB104 17105 JRC 30524 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3699

Introduced 2/5/2026, by Sen. Graciela Guzmán

SYNOPSIS AS INTRODUCED:

740 ILCS 23/5
740 ILCS 23/7 new

Amends the Illinois Civil Rights Act of 2003. Provides that the Act may be referred to as the Illinois Accountability Act. Provides that a person who claims to have suffered a deprivation of any rights, privileges or immunities under the Illinois Constitution because of acts or omissions of a public body or person acting on behalf of a public body, under color of, or within the course and scope of the authority of a public body may maintain an action to establish liability and recover compensatory damages, punitive damages, and injunctive relief. Provides that in any action filed under the Act, a public body or person acting on behalf of a public body does not enjoy the defense of qualified immunity for causing the deprivation of any rights, privileges, or immunities secured by the Illinois Constitution. Provides that if the plaintiff prevails in an action under the Act, the public body is liable for reasonable attorney's fees and other litigation costs. Provides that statutory immunities and limitations on liability, damages, or attorney's fees do not apply to claims brought under the Act. Provides that an action filed under the Act that is pending does not abate upon the death of the plaintiff or defendant. Provides that a judgment awarded under the Act against a person acting on behalf of a public body, under color of, or within the course and scope of the authority of the public body is to be paid by the public body. Provides that the State does not have sovereign immunity for itself or any of its political subdivisions against claims brought the Act. Provides that if there is any conflict between the Act and any other law of this State, the amendatory Act controls.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. References to Act. This Act may be referred to as the Illinois Accountability Act.

Section 5. The Illinois Civil Rights Act of 2003 is amended by changing Section 5 and by adding Section 7 as follows:

(740 ILCS 23/5)

Sec. 5. Discrimination prohibited.

(a) No unit of State, county, or local government in Illinois shall:

(1) exclude a person from participation in, deny a person the benefits of, or subject a person to discrimination under any program or activity on the grounds of that person's race, color, national origin, or gender; or

(2) utilize criteria or methods of administration that have the effect of subjecting individuals to discrimination because of their race, color, national origin, or gender.

(b) Any party aggrieved by conduct that violates subsection (a) may bring a civil lawsuit, in a federal district court or State circuit court, against the offending unit of government. Any State claim brought in federal district court shall be a supplemental claim to a federal claim. This lawsuit must be brought not later than 2 years after the violation of subsection (a). If the court finds that a violation of paragraph (1) or (2) of subsection (a) has occurred, the court may award to the plaintiff actual damages. The court, as it deems appropriate, may grant as relief any permanent or preliminary negative or mandatory injunction, temporary restraining order, or other order.

(c) Upon motion, a court shall award reasonable attorneys' fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought:

(1) pursuant to subsection (b); or

(2) to enforce a right arising under the Illinois Constitution.

In awarding reasonable attorneys' fees, the court shall consider the degree to which the relief obtained relates to the relief sought.

(d) For the purpose of this Section Act, the term "prevailing party" includes any party:

(1) who obtains some of his or her requested relief through a judicial judgment in his or her favor;

(2) who obtains some of his or her requested relief through any settlement agreement approved by the court; or

(3) whose pursuit of a non-frivolous claim was a catalyst for a unilateral change in position by the opposing party relative to the relief sought.

(Source: P.A. 95-541, eff. 1-1-08.)

(740 ILCS 23/7 new)

Sec. 7. Cause of action for a violation of State constitutional rights by public body.

(a) As used in this Section:

"Public body" means all legislative, executive, administrative, or advisory bodies of the State, State universities and colleges, units of local government, school districts, any subsidiary bodies of any of the foregoing, including but not limited to, committees and subcommittees thereof, and a School Finance Authority created under Article 1E of the School Code as defined by Section 2 of the Freedom of Information Act.

"Government employee" means an individual person or persons employed or contracted by a public body.

(b)(1) A public body or person acting on behalf of a public body, under color of or within the course and scope of the authority of a public body may not deprive any resident of Illinois or person within the State of any rights, privileges, or immunities secured under the Illinois Constitution.

(2) A person who claims to have suffered a deprivation of any rights, privileges, or immunities under the Illinois Constitution because of acts or omissions of a public body or person acting on behalf of a public body, under color of, or within the course and scope of the authority of a public body may maintain an action to establish liability and recover compensatory damages, punitive damages, and injunctive relief.

(3) The cause of action created under this Section is against a public body only. An individual government employee may not be found financially liable for a violation of this Act.

(4) The remedies provided for in this Section are not exclusive and are in addition to any other remedies provided by law.

(5) This Section applies to all causes of actions that arisen after the effective date of this amendatory Act of the 104th General Assembly.

(c) In any action filed under this Section, a public body or person acting on behalf of a public body, under color of, or within the course and scope of the authority of a public body does not enjoy the defense of qualified immunity for causing the deprivation of any rights, privileges, or immunities secured by the Illinois Constitution.

(d)(1) In any proceeding in which a plaintiff's claim prevails, the public body is liable for reasonable attorney's fees and other litigation costs. Reasonable attorney's fees include services provided by an attorney on a pro bono basis.

(2) A plaintiff prevails if the plaintiff obtains any relief the plaintiff seeks in the complaint, whether the relief is obtained by judgment, settlement or, the public body's voluntary change in behavior.

(e)(1) Statutory immunities and statutory limitations on liability, damages, or attorney's fees do not apply to claims brought under this Section.

(2) An action filed under this Section that is pending does not abate upon the death of the plaintiff or defendant.

(f)(1) Notwithstanding any other law, for any contract or agreement enacted after the effective date of this Act, a court's finding that a government employee violated a right under the Illinois Constitution is per se evidence that the public body has just cause for terminating the employment of that employee.

(2) The public body's termination of a contract, agreement, or employment with that government employee does not affect the public body's liability under this Section.

(g) A judgment awarded under this Section against a person acting on behalf of the public body, under color of, or within the course and scope of the authority of the public body is to be paid by the public body. The State does not have sovereign immunity for itself or any of its political subdivisions against claims brought under this Section.

(h) Each public body must maintain a record of all final judgments and settlements paid by the public body for claims made under this Section and include a copy of the complaint to each record.

(i) If there is any conflict between this Section and any other law of this State, this Section controls.