HB3669 102ND GENERAL ASSEMBLY

LRB102 14032 LNS 19384 b

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.

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. Short title. This Act may be cited as the Malicious False Reporting Liability Act.

Section 5. Cause of action.

(a) A person may bring an action against another person for malicious false reporting if the person is able to establish:

(1) the other person made a false report to a law enforcement agency knowing that the report was false; and

(2) as a result of the report, the person was questioned, detained, or arrested by a law enforcement officer.

(b) A person may bring an action under this Act even if the other person:

(1) has not been prosecuted for the crime of false reporting or false informing;

(2) has not been convicted of the crime of false reporting or false informing; or

(3) has been acquitted of the crime of false reporting or false informing.

(c) A separate cause of action may be brought by each person damaged by the other person's actions under this Act.

Section 10. Remedies.

(a) A person bringing an action under this Act may recover:

(1) an amount in:

(A) actual and punitive damages; or

(B) liquidated damages of at least $250 and not more than $1,500;

(2) the costs of the action; and

(3) reasonable attorney's fees.

(b) In determining the amount of damages under this Section, the court shall consider whether the person's actions:

(1) implicated a right protected under the Constitution of the United States or the Illinois Constitution;

(2) were intended to discriminate against the person;

(3) caused the person to feel harassed, humiliated, or embarrassed;

(4) caused the person to be expelled from a place in which the person was lawfully located; or

(5) damaged the person's:

(A) reputation or standing in the community; or

(B) financial, economic, consumer, or business prospects or interests.