Illinois General Assembly - Bill Status for SB3796

Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that upon the request of an employee, the local public entity shall provide for the indemnification of any judgment in or settlement of a claim or an action associated with the employee's employment, to the fullest extent permitted by law, and payment of legal defense costs from such claims and actions brought against the employee, in either an individual or official capacity, provided, however: (i) that the action taken by the employee was on behalf of the local public entity; (ii) that the litigation against the employee was not initiated by the local public entity or State or federal government and does not pertain to a criminal defense; or (iii) that the litigation was not initiated by the employee. Provides that the employee shall have the ability to retain legal representation of his or her own choosing and that the local public entity shall hold the employee harmless from the payment of any and all reasonable attorney's fees and costs associated with the defense in the litigation. Makes other changes. Deletes provisions permitting a local governmental entity to elect to do any one or more of the following: (i) appear and defend against the claim or action; (ii) indemnify the employee or former employee for his court costs or reasonable attorney's fees, or both, incurred in the defense of such claim or action; (iii) pay, or indemnify the employee or former employee for a judgment based on such claim or action; or (iv) pay, or indemnify the employee or former employee for, a compromise or settlement of such a claim or action.

×