End qualified immunity in Illinois

Yes. The proposed legislation states, "(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 this Section."

No. The proposed legislation does not end qualified immunity for all public employees.

Yes. The proposed legislation holds law enforcement officers accountable for deprivation of rights under the State's constitution. It states, "(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."

Yes. The proposed legislation removes monetary caps on public liability amounts. It states, "(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."

Yes. The proposed legislation deems an officer liable for failure to intervene, but it does not include a reporting requirement. It states, "Section 5. 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."

No. The proposed legislation does not require indemnification of the employee.

Yes. The proposed legislation states "(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 subsection (d) of Section 5 of the Illinois Civil Rights Act of 2003. In actions for injunctive relief, a court shall deem a plaintiff to have prevailed if the plaintiff's suit was a substantial factor or significant catalyst in obtaining the results sought by the litigation. When a judgment is entered in favor of a defendant, the court may award reasonable costs and attorney's fees to the defendant for defending claims the court finds frivolous.

No. The proposed legislation does not include a consequence for officers who engage in wrongdoing.

Yes. The proposed legislation requires the release of information regarding a judgement or settlement against an officer. It states, "Section 10. Reporting of judgments and settlements. (a) Any unit of local government that employs a peace officer who incurs liability under this Act, whether in the form of judgment or settlement entered against the peace officer for claims arising under this Act, shall publicly disclose: (1) the name of any peace officer or peace officers whose actions or conduct led to the judgment or settlement; (2) the amount of the judgment or settlement, and the portion of that judgment or settlement, if any, indemnified by the unit of local government. (3) any internal discipline taken against the peace officer or peace officers whose actions or conduct led to the judgment or settlement; and (4) any criminal charges pursued against the peace officer or peace officers for the actions or conduct that led to the judgment or settlement. (b) The unit of local government shall not disclose the address, social security number, or other unique, non-public personal identifying information of any individual who brings a claim under this Act."