101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4146

 

Introduced 1/22/2020, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Right of Conscience Act. Defines terms. Provides that no person or qualifying entity shall be coerced to act or engage in speech or held liable for refusing to engage in speech or refusing to act if such refusal was to exercise a right of conscience. Provides that for any action or administrative proceeding brought against a person or qualifying entity that seeks to enjoin or seeks damages for a refusal to engage in speech or an act by the person or qualifying entity, and the person or qualifying entity refused to engage in the speech or refused to act, the person or qualifying entity may assert a counterclaim in the action that the speech or act sought by the plaintiff violates or otherwise infringes upon the person's or qualifying entity's right of conscience. Provides that the remedies under the Act shall be in addition to any other remedy. Provides that if a person or qualifying entity prevails in a counterclaim, the court may award reasonable attorney's fees to the person or qualifying entity.


LRB101 13576 LNS 62428 b

 

 

A BILL FOR

 

HB4146LRB101 13576 LNS 62428 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 Right
5of Conscience Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Qualifying entity" means a corporation, partnership,
8limited liability company, or limited liability partnership in
9which an individual person has effective or actual majority
10control.
11    "Right of conscience" includes, but is not limited to,
12freedom of speech, freedom to speak to or about an elected
13official, freedom to advocate for or against a law, freedom to
14assemble, freedom of religion, freedom to peaceably assemble
15with individuals of a person's or qualifying entity's own
16choosing, or other freedoms of conscience.
 
17    Section 10. Right of conscience. No person or qualifying
18entity shall be coerced to act or engage in speech or held
19liable for refusing to engage in speech or refusing to act if
20such refusal was to exercise a right of conscience.
 
21    Section 15. Right of conscience action. For any action or

 

 

HB4146- 2 -LRB101 13576 LNS 62428 b

1administrative proceeding brought against a person or
2qualifying entity that seeks to enjoin or seeks damages for a
3refusal to engage in speech or an act by the person or
4qualifying entity, and the person or qualifying entity refused
5to engage in the speech or refused to act, the person or
6qualifying entity may assert a counterclaim in the action that
7the speech or act sought by the plaintiff violates or otherwise
8infringes upon the person's or qualifying entity's right of
9conscience.
 
10    Section 20. Nonexclusive remedy. The remedies under this
11Act shall be in addition to any other remedy.
 
12    Section 25. Attorney's fees. If a person or qualifying
13entity prevails in a counterclaim brought under Section 15, the
14court may award reasonable attorney's fees to the person or
15qualifying entity.