Illinois General Assembly - Full Text of HB3669
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Full Text of HB3669  102nd General Assembly

HB3669 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3669

 

Introduced 2/22/2021, by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Malicious False Reporting Liability Act. Provides that a person may bring an action against another person for malicious false reporting to a law enforcement agency. Provides that a person bring an action may recover: an amount in actual and punitive damages or liquidated damages of at least $250 and not more than $1,500; the costs of the action; and reasonable attorney's fees.


LRB102 14032 LNS 19384 b

 

 

A BILL FOR

 

HB3669LRB102 14032 LNS 19384 b

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
5Malicious False Reporting Liability Act.
 
6    Section 5. Cause of action.
7    (a) A person may bring an action against another person
8for malicious false reporting if the person is able to
9establish:
10        (1) the other person made a false report to a law
11    enforcement agency knowing that the report was false; and
12        (2) as a result of the report, the person was
13    questioned, detained, or arrested by a law enforcement
14    officer.
15    (b) A person may bring an action under this Act even if the
16other person:
17        (1) has not been prosecuted for the crime of false
18    reporting or false informing;
19        (2) has not been convicted of the crime of false
20    reporting or false informing; or
21        (3) has been acquitted of the crime of false reporting
22    or false informing.
23    (c) A separate cause of action may be brought by each

 

 

HB3669- 2 -LRB102 14032 LNS 19384 b

1person damaged by the other person's actions under this Act.
 
2    Section 10. Remedies.
3    (a) A person bringing an action under this Act may
4recover:
5        (1) an amount in:
6            (A) actual and punitive damages; or
7            (B) liquidated damages of at least $250 and not
8        more than $1,500;
9        (2) the costs of the action; and
10        (3) reasonable attorney's fees.
11    (b) In determining the amount of damages under this
12Section, the court shall consider whether the person's
13actions:
14        (1) implicated a right protected under the
15    Constitution of the United States or the Illinois
16    Constitution;
17        (2) were intended to discriminate against the person;
18        (3) caused the person to feel harassed, humiliated, or
19    embarrassed;
20        (4) caused the person to be expelled from a place in
21    which the person was lawfully located; or
22        (5) damaged the person's:
23            (A) reputation or standing in the community; or
24            (B) financial, economic, consumer, or business
25        prospects or interests.