102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 2/17/2021, by Rep. Curtis J. Tarver, II
SYNOPSIS AS INTRODUCED:
Creates the Bad Apples in Law Enforcement Accountability Act of 2021.
Provides that a peace officer subjecting another person to the deprivation
of individual rights is liable to the person for appropriate relief.
Excludes sovereign immunity, statutory immunity, and statutory damages for
claims brought under this provision. Provides that qualified immunity is
not a defense to liability under this provision. Allows attorney's fees
and costs to be awarded to the plaintiff. Provides that civil actions
brought under this provision must be commenced within 5 years after the
cause of action accrues. Requires units of local government to make public
disclosures regarding judgments or settlements awarded under this
provision. Determines what information is not required to be disclosed by
the unit of local government.
A BILL FOR
|HB1727||LRB102 14150 KMF 19502 b|
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Apples In Law Enforcement Accountability Act of 2021.
Right of action.
(a) A peace officer, as defined in Section 2-13 of the
Criminal Code of 2012, who subjects or causes to be subjected,
including by failing to intervene, any other person to the
deprivation of any individual rights arising under Illinois
Constitution, is liable to the injured party for legal or
equitable relief or any other appropriate relief.
(b) Sovereign immunity, statutory immunities, and
statutory limitations on liability, damages, or attorney's
fees do not apply to claims brought under this Section. The
Local Governmental and Governmental Employees Tort Immunity
Act does not apply to claims brought under this Section.
(c) Qualified immunity is not a defense to liability under
(d) In any action brought under this Section, a court
shall award reasonable attorney's fees and costs to the
plaintiff, including expert witness fees and other litigation
expenses, if they are a prevailing party as defined in