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Illinois General Assembly· HB 1312Governor Approved

POW MIA RECOGNITION DAY, the official text

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HB1312 Enrolled                     LRB104 03042 BDA 13060 b

1   AN ACT concerning government.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4                     ARTICLE 5

5   Section 5-1. Short title. This Article may be cited as the

6 Illinois Bivens Act. References in this Article to "this Act"

7 mean this Article.

8   Section 5-5. Definitions. As used in this Act:

9   "Crowd control equipment" includes, but is not limited to,

10 kinetic impact projectiles; compressed air launchers, such as

11 PLS and FN303; oleoresin capsicum spray, CS gas, CN gas, or

12 other chemical irritants; 40 millimeter munitions launchers;

13 less-lethal shotguns; less-lethal specialty impact-chemical

14 munitions; controlled noise and light distraction devices; and

15 electronic control weapons.

16  "Facial covering" means any opaque mask, garment, helmet,

17 headgear, or other item that conceals or obscures the facial

18 identity of an individual, including, but not limited to, a

19 balaclava, tactical mask, gaiter mask, ski mask, or any

20 similar type of facial covering or face-shielding item.

21 "Facial covering" does not include a medical grade mask

22 designed to prevent the transmission of diseases; a facial
    HB1312 Enrolled             -2-      LRB104 03042 BDA 13060 b

1 covering designed to protect against exposure to smoke during

2 a state of emergency related to wildfires; or protective gear

3 used by Special Weapons and Tactics (SWAT) team officers

4 necessary to protect their faces from harm while they perform

5 their SWAT responsibilities.

6   "Prevailing party" includes any party:

7   (1) who obtains some of his or her requested relief

8   through a judicial judgment in his or her favor;

9   (2) who obtains some of his or her requested relief

10  through any settlement agreement approved by the court; or

11  (3) whose pursuit of a nonfrivolous claim was a

12  catalyst for a unilateral change in position by the

13  opposing party relative to the relief sought.

14  Section 5-10. Deprivation of constitutional rights;

15 liability.        (a) Any person may bring a civil action against

16 any person who, while conducting civil immigration

17 enforcement, knowingly engages in conduct that violates the

18 Illinois Constitution or the United States Constitution. As

19 used in this Section, "civil immigration enforcement" does not

20 include an action committed by a law enforcement officer or

21 peace officer that is acting within the officer's powers and

22 duties consistent with Illinois law.

23  (b) Qualified immunity is a defense to liability under

24 this Act.
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1   Section 5-15. Remedies.

2   (a) All monetary, injunctive, and declaratory relief

3 available at common law is available under this Act for a

4 violation of this Act without regard to whether a plaintiff

5 may have a claim under any other statute or common law cause of

6 action. If a plaintiff seeks punitive damages against a

7 defendant who committed a violation of this Act while acting

8 under color of federal law, Illinois law, or other state law,

9 the following facts shall be factors in determining the

10 reprehensibility of the defendant's conduct:

11  (1) whether the defendant wore a facial covering while

12  committing the violation;

13  (2) whether, at the time of the violation, the

14  defendant was a law enforcement officer who failed to

15  identify or disclose that he or she was a law enforcement

16  officer either verbally or by wearing identifying

17  insignia, such as a badge, agency logo, or patch, or by

18  providing his or her name, badge or identification number,

19  and the employing agency or department;

20  (3) whether, at the time of the violation, the

21  defendant was a law enforcement officer who was required

22  by State or federal law or regulation or agency policy to

23  wear and use an officer-worn body camera during the type

24  of activity that gave rise to the deprivation of rights

25  and failed to do so;

26  (4) whether the defendant was operating or using a
    HB1312 Enrolled               -4-  LRB104 03042 BDA 13060 b

1   motor vehicle without a license plate or with a

2   non-Illinois license plate;

3   (5) whether the defendant used crowd control equipment

4   at the time of the violation; or

5   (6) whether the defendant intentionally violated or

6   failed to comply with any material term or condition of a

7   court order or consent decree that was issued by a court,

8   that was in effect at the time of the violation of this

9   Act, that applied to the person acting under color of law,

10  and that was issued or entered into in part to address or

11  prevent future violations of this Act relating to the

12  conduct complained of.

13  (b) Upon motion, a court shall award reasonable attorney's

14 fees and costs, including expert witness fees and other

15 litigation expenses, to a plaintiff who is a prevailing party

16 in any action brought under this Act. In awarding reasonable

17 attorney's fees, the court shall consider the degree to which

18 the relief obtained relates to the relief sought.

19  Section 5-90. The Whistleblower Act is amended by changing

20 Sections 5 and 15 as follows:

21  (740 ILCS 174/5)

22  Sec. 5. Definitions. As used in this Act:

23  "Adverse employment action" means an action that a

24 reasonable employee would find materially adverse. An action
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1 is materially adverse when it could dissuade a reasonable

2 worker from disclosing or threatening to disclose information

3 protected by Section 15 or from refusing under Section 20.

4   "Employer" means: an individual, sole proprietorship,

5 partnership, firm, corporation, association, and any other

6 entity that has one or more employees in this State, including

7 a political subdivision of the State; a unit of local

8 government; a school district, combination of school

9 districts, or governing body of a joint agreement of any type

10 formed by two or more school districts; a community college

11 district, State college or university, or any State agency

12 whose major function is providing educational services; any

13 authority including a department, division, bureau, board,

14 commission, or other agency of these entities; and any person

15 acting within the scope of his or her authority, express or

16 implied, on behalf of those entities in dealing with its

17 employees.

18  "Employee" means any individual permitted to work by an

19 employer unless:

20  (1) the individual has been and will continue to be

21  free from control and direction over the performance of

22  his or her work, both under his or her contract of service

23  with his or her employer and in fact;

24  (2) the individual performs work which is either

25  outside the usual course of business or is performed

26  outside all of the places of business of the employer
    HB1312 Enrolled         -6-    LRB104 03042 BDA 13060 b

1   unless the employer is in the business of contracting with

2   parties for the placement of employees; and

3   (3) the individual is in an independently established

4   trade, occupation, profession, or business.

5   "Employee" also includes, but is not limited to, a

6 licensed physician who practices his or her profession, in

7 whole or in part, at a hospital, nursing home, clinic, or any

8 medical facility that is a health care facility funded, in

9 whole or in part, by the State.

10  "Public body" means any of the following: the State; any

11 officer, board, political subdivision, or commission of the

12 State; any institution supported in whole or in part by public

13 funds; units of local government; and school districts.

14  "Retaliatory action" means an adverse employment action or

15 the threat of an adverse employment action by an employer or

16 his or her agent to penalize or any non-employment action that

17 would dissuade a reasonable worker from disclosing information

18 under this Act. "Retaliatory action" includes, but is not

19 limited to:

20  (1) taking, or threatening to take, any action that

21  would intentionally interfere with an employee's ability

22  to obtain future employment or post-termination

23  retaliation to intentionally interfere with a former

24  employee's employment;

25  (2) taking, or threatening to take, any action

26  prohibited by subsection (G) of Section 2-102 of the
    HB1312 Enrolled  -7-           LRB104 03042 BDA 13060 b

1   Illinois Human Rights Act; or

2   (3) contacting, or threatening to contact, United

3   States immigration authorities, or otherwise reporting, or

4   threatening to report, an employee's suspected or actual

5   citizenship or immigration status or the suspected or

6   actual citizenship or immigration status of an employee's

7   family or household member to a federal, State, or local

8   agency.

9   "Retaliatory action" does not include:

10  (1) conduct undertaken at the express and specific

11  direction or request of the federal government unless it

12  involves a violation of the Illinois Bivens Act;

13  (2) truthful, performance-related information about an

14  employee or former employee provided in good faith to a

15  prospective employer at the request of the prospective

16  employer; or

17  (3) conduct undertaken if specifically required by

18  State or federal law. "Employee" also includes, but is not

19  limited to, a licensed physician who practices his or her

20  profession, in whole or in part, at a hospital, nursing

21  home, clinic, or any medical facility that is a health

22  care facility funded, in whole or in part, by the State.

23  "Supervisor" means any individual who has the authority to

24 direct and control the work performance of the affected

25 employee; or any individual who has managerial authority to

26 take corrective action regarding a violation of the law, rule,
    HB1312 Enrolled    -8-  LRB104 03042 BDA 13060 b

1 or regulation disclosed by an employee in accordance with
2 Section 15.
3 (Source: P.A. 103-867, eff. 1-1-25.)

4   (740 ILCS 174/15)

5   Sec. 15. Retaliation for certain disclosures prohibited.

6   (a) An employer may not take retaliatory action against an

7 employee who discloses or threatens to disclose to a public

8 body conducting an investigation, or in a court, an

9 administrative hearing, or any other proceeding initiated by a

10 public body, information related to an activity, policy, or

11 practice of the employer, where the employee has a good faith

12 belief that the activity, policy, or practice (i) violates a

13 State or federal law, rule, or regulation or (ii) poses a

14 substantial and specific danger to employees, public health,

15 or safety.

16  (b) An employer may not take retaliatory action against an

17 employee for disclosing or threatening to disclose information

18 to a government or law enforcement agency information related

19 to an activity, policy, or practice of the employer, where the

20 employee has a good faith belief that the activity, policy, or

21 practice of the employer (i) violates a State or federal law,

22 rule, or regulation or (ii) poses a substantial and specific

23 danger to employees, public health, or safety.

24  (c) An employer may not take retaliatory action against an

25 employee for disclosing or threatening to disclose to any
    HB1312 Enrolled  -9-              LRB104 03042 BDA 13060 b

1 supervisor, principal officer, board member, or supervisor in

2 an organization that has a contractual relationship with the

3 employer who makes the employer aware of the disclosure,

4 information related to an activity, policy, or practice of the

5 employer if the employee has a good faith belief that the

6 activity, policy, or practice (i) violates a State or federal

7 law, rule, or regulation or (ii) poses a substantial and

8 specific danger to employees, public health, or safety.

9   (d) An employer may not take retaliatory action against an

10 employee for disclosing or threatening to disclose in good

11 faith any violation of Section 5-10 of the Illinois Bivens

12 Act.

13 (Source: P.A. 103-867, eff. 1-1-25; revised 10-21-24.)

14                   ARTICLE 10

15  Section 10-1. Short title. This Article may be cited as

16 the Court Access, Safety, and Participation Act. References in

17 this Article to "this Act" mean this Article.

18  Section 10-5. Legislative findings. The General Assembly

19 finds and declares the following:

20       (1) Illinois courts are a cornerstone of Illinois'

21  government, satisfying the right of every person to obtain

22  justice and find a remedy for all injuries and wrongs

23  under Section 12 of Article I of the Constitution of this
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1   State and playing an essential role in the peaceful and

2   just resolution of disputes and the State's ability to

3   promote the public health, safety, and general welfare of

4   its residents.

5   (2) Access to courts and the court's ability to

6   administer justice is, therefore, a matter of statewide

7   concern, fostering fairness while promoting public

8   confidence in, and respect for, the judicial process.

9   (3) Subjecting Illinois residents to arrest for civil,

10  noncriminal matters while attending, attempting to attend,

11  or after attending State court proceedings as parties,

12  witnesses, potential witnesses, or court companions, or

13  while otherwise accompanying a person who is a party,

14  witness, or potential witness, threatens the fair

15  administration of justice in this State.

16  (4) Victims and witnesses are increasingly reluctant

17  to attend and participate in court proceedings, or

18  otherwise access the justice system of this State, out of

19  fear of civil arrests when going to, remaining at, or

20  returning from a court proceeding.

21  (5) Residents of this State, including victims of

22  crime, are less likely to report crimes and to use legal

23  services when civil arrests are conducted at courthouses

24  in this State or their environs.

25  (6) Illinois courts and court staff bear increased

26  burdens and costs to their operations, through
    HB1312 Enrolled  - 11 - LRB104 03042 BDA 13060 b

1   adjournments, delays, and postponements caused by

2   witnesses' or parties' failure to appear out of fear of

3   civil arrests at courthouses or its environs.

4   (7) The ability of Illinois attorneys to zealously

5   advocate for their clients and act as officers of the

6   legal system with special responsibilities for the quality

7   of justice in this State is threatened and impeded when

8   civil arrests are conducted at courthouses in this State

9   or their environs, forcing them to risk their clients'

10  freedom in the pursuit of diligent representation.

11  (8) The civil arrest of individuals at a courthouse or

12  its environs or while going to, remaining at, or returning

13  from a court proceeding threatens the functioning of the

14  court system and the fair administration of justice by

15  deterring litigants, witnesses, and others participating

16  in State court proceedings, jeopardizing the State courts'

17  and parties' access to evidence that may be critical to

18  fact-finding.

19  (9) The civil arrest of individuals at a courthouse or

20  its environs or while going to, remaining at, or returning

21  from a court proceeding threatens the public's right to

22  seek justice in the courts and the ability of Illinois

23  residents to peacefully resolve disputes by risking the

24  intimidation of parties and witnesses and deterring

25  litigants, witnesses, and others participating in State

26  court proceedings, limiting the parties' ability to
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1   protect and vindicate rights guaranteed by the laws and

2   Constitution of this State.

3   (10) Illinois courts, as early as 1887, recognized the

4   long-standing common law privilege from civil arrest,

5   which has been established in English and American

6   jurisprudence for centuries and which has not been

7   legislatively repealed. Under this common law privilege,

8   the parties to a suit and their witnesses are protected

9   from arrest in coming to, attending, and returning from

10  court proceedings for the sake of public justice.

11  (11) The State of Illinois has sovereign interest and

12  authority to protect the effective functioning and

13  operation of its judicial system.

14  (12) Civil arrests of persons in and around Illinois

15  courthouses or those attending judicial proceedings

16  threaten all of the foregoing public and private values of

17  public access, as well as the core functions of Illinois

18  courts, and must be considered unreasonable and unlawful

19  seizures whether undertaken by local, State, or federal

20  officers.

21  Section 10-10. Definitions. As used in this Act:

22  "Arrest" means a law enforcement agency or its officers

23 taking an individual into custody.

24  "Civil arrest" means an arrest that is not:

25  (1) a criminal arrest for an alleged criminal
    HB1312 Enrolled  - 13 - LRB104 03042 BDA 13060 b

1   violation of any federal, State, or local law;

2   (2) an arrest for any violation of any condition of

3   probation, parole, pretrial release, supervised release,

4   or mandatory supervised release for which arrest is

5   otherwise authorized by law; or

6   (3) an arrest supported by a judicial warrant or

7   judicial order authorizing the arrest.

8   "Court companion" means any of the following individuals

9 whose purpose is to support, assist, or accompany a person who

10 is going to, remaining at, or returning from a court

11 proceeding: a spouse, domestic partner, or person who has a

12 dating or engagement relationship with the party, witness, or

13 potential witness; a biological parent, foster parent,

14 adoptive parent, or stepparent of a party, witness, or

15 potential witness; minor children or other persons under the

16 care of a party, witness, or potential witness; interpreters;

17 translators; a person assisting the party, witness, or

18 potential witness with reading or completing court forms or

19 other documents; persons providing health care or assistance

20 to a party, witness, or potential witness to allow that

21 individual to participate in the court proceeding; a case

22 manager or social worker for the party, witness, or potential

23 witness; a domestic violence or sexual assault advocate; a

24 person transporting a party, witness, or potential witness to

25 or from the court proceeding.

26  "Court proceeding" means the business conducted by a State
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1 court or a matter pending under the jurisdiction or

2 supervision of a State court, including, but not limited to,

3 civil proceedings and criminal proceedings.

4   "Judicial warrant or judicial order authorizing the

5 arrest" means a written order from a State court or federal

6 Article III court that directs a law enforcement agency or

7 some other person who is specifically named in the order to

8 arrest a person.

9   "Law enforcement agency" means any entity with statutory

10 police powers and the ability to employ individuals authorized

11 to make arrests.

12  Section 10-15. Civil arrest prohibited; certain locations.

13  (a) A person duly and in good faith attending a State court

14 proceeding in which the person is a party, a witness, a

15 potential witness, or a court companion of a party, witness,

16 or potential witness is privileged from civil arrest while

17 going to, remaining at, and returning from the court

18 proceeding, including:

19  (1) at the place of the court proceedings;

20  (2) within the courthouse building;

21  (3) on the premises of the courthouse, including

22  parking facilities serving the courthouse;

23  (4) on any sidewalk, parkway, and street surrounding

24  the courthouse and its premises; and

25  (5) on any public way within 1,000 feet of the
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1   courthouse including a sidewalk, parkway, or street.

2   (b) Nothing in this Section shall be construed to narrow,

3 or in any way lessen, any common law or other right or

4 privilege of a person privileged from arrest under this Act or

5 otherwise.

6   (c) The protections in this Section apply regardless of

7 whether a judicial order under Section 10-20 is issued or a

8 court otherwise implements this Act by a rule or order.

9   (d) Nothing in this Section precludes the execution of a

10 criminal arrest warrant issued by a judge or a criminal arrest

11 based on probable cause for a violation of criminal law.

12  Section 10-20. Court order. In order to maintain access to

13 the court and open judicial proceedings for all persons in

14 their individual capacity and to prevent interference with the

15 needs of judicial administration, a court may issue

16 appropriate judicial orders to protect the privilege from

17 arrest under this Act, Section 9 of the Attorney Act, or common

18 law.

19  Section 10-25. Civil action; enforcement; remedies.

20  (a) A person who violates Section 10-15 or 10-20 of this

21 Act is liable for civil damages for false imprisonment,

22 including actual damages and statutory damages of $10,000, if

23 that person knew or reasonably should have known that the

24 person arrested is a person duly and in good faith attending a
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1 State court proceeding in which the person is a party, a

2 witness, a potential witness, or a court companion of a party,

3 witness, or potential witness while going to, remaining at,

4 and returning from the court proceeding.

5   (b) A court may grant any other equitable or declaratory

6 relief it deems appropriate and just.

7   (c) In any successful action under this Act, a plaintiff

8 or petitioner may recover costs and reasonable attorney's

9 fees.

10  (d) No action or proceeding may be commenced under this

11 Section against the Illinois court system or any Illinois

12 court system personnel acting lawfully under their duty to

13 maintain safety and order in the courts.

14  (e) Nothing in this Act affects any right or defense,

15 including any existing qualified immunity defense, of any

16 person, police officer, peace officer or public officer, or

17 any Illinois court system personnel acting lawfully.

18                         ARTICLE 15

19  Section 15-5. The University of Illinois Hospital Act is

20 amended by adding Section 15 as follows:

21  (110 ILCS 330/15 new)

22  Sec. 15. Compliance with the Health Care Sanctity and

23 Privacy Law. The University of Illinois Hospital shall comply
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1 with Section 6.14h of the Hospital Licensing Act.

2   Section 15-10. The Hospital Licensing Act is amended by

3 adding Section 6.14h as follows:

4   (210 ILCS 85/6.14h new)

5   Sec. 6.14h. The Health Care Sanctity and Privacy Law.

6   (a) This Section may be referred to as the Health Care

7 Sanctity and Privacy Law.

8   (b) As used in this Section:

9   "Administrative volunteer" means an individual who serves

10 as a volunteer at a hospital in only an administrative

11 capacity.

12  "Law enforcement agent" means an agent of federal, State,

13 or local law enforcement authorized with the power to arrest

14 or detain individuals, or manage the custody of detained

15 individuals, for civil immigration enforcement.

16  "Patient" means any person who has received or is

17 receiving medical care, treatment, or services from an

18 individual or institution licensed to provide medical care or

19 treatment in this State.

20  (c) Each general acute care hospital shall adopt and

21 implement a policy regarding interactions with law enforcement

22 agents by January 1, 2026, and all other hospitals shall adopt

23 and implement a policy regarding interactions with law

24 enforcement agents by March 1, 2026. Each policy adopted under
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1 this subsection must include, at a minimum:

2   (1) The designation of a contact person or persons to

3   be notified of all law enforcement presence or information

4   requests at the hospital and procedures to respond to

5   those requests. The designated contact person or persons

6   shall be legal counsel of the hospital or other

7   individuals within the administration of the hospital.

8   (2) Procedures to verify the identity and authority of

9   any law enforcement agent involved in civil immigration

10  activities at the hospital site, including, but not

11  limited to, the use of best efforts to request and

12  document the first and last name of the law enforcement

13  agent, the name of the law enforcement agency, and the

14  badge number of any law enforcement agent presenting with

15  a patient or requesting information about a patient.

16  (3) Procedures for designating space for law

17  enforcement agents to remain and wait at a hospital,

18  considering public interest, staff safety, and patient

19  needs; provided, however, that a law enforcement agent may

20  access such areas of the hospital as the hospital's

21  designated contact person approves if the law enforcement

22  agent: (i) complies with hospital policy and State and

23  federal law, including, but not limited to, that the law

24  enforcement agent has a valid judicial warrant or court

25  order signed by a judge or magistrate to accompany a

26  patient in the law enforcement agent's custody or
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1   otherwise be present in the facility or (ii) is requested

2   by hospital staff to respond to a safety or security issue

3   within the hospital.

4   (4) Procedures to ensure that patients are provided

5   with:

6          (A) a notice of privacy policies in accordance

7   with 45 CFR 164.520, including information about the

8   patient's right to request an amendment to the

9   patient's medical record, which shall be made

10  available in the languages of the populations of

11  persons living within the geographic area served by

12  the hospital in compliance with the Language

13  Assistance Services Act and which may include a

14  request that any of the following information be

15  deleted, redacted, or amended:

16                   (i) place of birth;

17                   (ii) immigration or citizenship status; or

18                   (iii) information from birth certificates,

19         passports, permanent resident cards, alien

20         registration cards, or employment authorization

21         documents; and

22         (B) an opportunity, at the earliest reasonable

23  moment, to sign an authorization form in order to

24  permit the disclosure of information by the hospital

25  to parents, guardians, relatives, or other designees

26  of the patient about the patient's health status or
    HB1312 Enrolled  - 20 - LRB104 03042 BDA 13060 b

1   hospital admission and discharge, which shall also be

2   made available in languages of the populations of

3   persons living within the geographic area served by

4   the hospital in compliance with the Language

5   Assistance Services Act.

6   (5) Procedures to ensure that any protected health

7   information requested by a law enforcement agent is

8   released only in strict accordance with all applicable

9   local, State, and federal law, including, but not limited

10  to, the Health Insurance Portability and Accountability

11  Act of 1996, as amended, and its implementing regulations,

12  including, but not limited to, the Privacy Rule (45 CFR

13  Parts 160, 162, and 164) and, including, but not limited

14  to, 45 CFR 164.512(e) and (f).

15  (6) In the case of a law enforcement agent seeking

16  information for the purpose of immigration enforcement, to

17  the extent not in conflict with 45 CFR 164.512(e) and (f),

18  a procedure to release information only when the following

19  circumstances are met, and in strict compliance with:

20  (A) a valid and accurate subpoena issued by a

21  federal judge or magistrate;

22  (B) a valid and accurate order issued by a federal

23  judge or magistrate to require access; or

24  (C) a valid and accurate warrant issued by a

25  federal judge or magistrate.

26  (7) Procedures to ensure annual and, as deemed
    HB1312 Enrolled     - 21 - LRB104 03042 BDA 13060 b

1   reasonably necessary by the hospital, episodic training on

2   such policy to:

3   (A) all hospital clinical health care staff,

4   including, but not limited to, intake staff, emergency

5   room staff, and independent contractors who provide

6   clinical services;

7   (B) security personnel;

8   (C) designated contact persons; and

9   (D) administrative volunteers.

10  (8) Procedures to ensure all policies of the hospital

11  comply with this Section.

12  (9) A requirement that a hospital or its agents shall

13  not retaliate against a patient, employee, or agent who

14  files a complaint under this Section.

15  (d) The policies required by subsection (c) shall be

16 submitted to the Department. General acute care hospitals

17 shall submit the policies to the Department no later than

18 January 1, 2026, and all other hospitals shall submit the

19 policies to the Department no later than March 1, 2026.

20  (e) Hospitals shall post, either by physical or electronic

21 means, in a conspicuous place within the hospital, which is

22 accessible to patients, employees, and visitors, a

23 description, provided by the Department, regarding the phone

24 number that individuals can call to learn about their

25 immigration rights. Notices under this Section shall be posted

26 in the predominant language or languages spoken in the
    HB1312 Enrolled             - 22 - LRB104 03042 BDA 13060 b

1 hospital's service area.

2   (f) By January 15, 2026, the Department shall notify any

3 general acute care hospital that has failed to provide a copy

4 of the policy required under this Section, and by March 15,

5 2026, the Department shall notify all other hospitals that

6 have failed to provide a copy of the policy required under this

7 Section. The Department may adopt emergency rules to enforce

8 compliance with the provisions of this Section. This emergency

9 rulemaking authority shall expire 6 months after the effective

10 date of this amendatory Act of the 104th General Assembly.

11  A hospital receiving such a notice shall have 7 working

12 days to provide a copy of the policy. The failure of a hospital

13 to submit a copy of such a policy within 7 working days may

14 subject the hospital to the imposition of a fine by the

15 Department. The Department may impose a fine of up to $500 per

16 day until the hospital files the policy.

17  (g) The Department shall have the authority to investigate

18 and respond to complaints from patients, employees, and the

19 public alleging noncompliance with subsection (c). A hospital

20 and its agents shall not retaliate against a patient,

21 employee, or agent who files a complaint under this Section.

22  (h) All hospital personnel, including administrative

23 volunteers, shall be forever held harmless from any civil,

24 criminal, or other liability that may arise, now or in the

25 future, as a result of their reasonable compliance with the

26 provisions of this Section.
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1   (i) Nothing in this Section affects a hospital's

2 obligation as a mandated reporter or to otherwise respond to

3 instances of suspected crime on the premises.

4   (j) This Section is not intended to conflict with federal

5 law or stand as an obstacle to the enforcement of federal laws.

6   Section 15-15. The Illinois Administrative Procedure Act

7 is amended by adding Section 5-45.70 as follows:

8   (5 ILCS 100/5-45.70 new)

9   Sec. 5-45.70. Emergency rulemaking; Hospital Licensing

10 Act. To provide for the expeditious and timely implementation

11 of the changes made to the Hospital Licensing Act by this

12 amendatory Act of the 104th General Assembly, emergency rules

13 implementing the changes made to that Act by this amendatory

14 Act of the 104th General Assembly may be adopted in accordance

15 with Section 5-45 by the Department of Public Health. The

16 adoption of emergency rules authorized by Section 5-45 and

17 this Section is deemed to be necessary for the public

18 interest, safety, and welfare.

19  This Section is repealed 6 months after the effective date

20 of this Section.

21                   ARTICLE 20

22  Section 20-5. The Public Higher Education Act is amended
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1 by adding Section 18 as follows:

2   (110 ILCS 167/18 new)

3   Sec. 18. Immigration status and immigration enforcement.

4   (a) As used in this Section:

5   "Citizenship or immigration status" means all matters

6 regarding citizenship of the United States or any other

7 country or the authority or lack thereof to reside in or

8 otherwise to be present in the United States, including an

9 individual's nationality, country of citizenship, or status as

10 an international student.

11  "Employee" means a full-time or part-time faculty member,

12 staff member, executive leader, supervisor, clerical person,

13 student, or contracted member of personnel employed by a

14 school whose role involves direct, routine, or meaningful

15 interaction with students to support their academic progress,

16 personal development, or well-being.

17  "Law enforcement agent" means an agent of federal, State,

18 or local law enforcement authorized with the power to arrest

19 or detain individuals, or manage the custody of detained

20 individuals, for civil immigration enforcement. "Law

21 enforcement agent" does not include an agent of a school's

22 police department.

23  "Nonjudicial warrant" means a warrant issued by a federal,

24 State, or local governmental agency authorized with the power

25 to arrest or detain individuals or manage the custody of
    HB1312 Enrolled       - 25 - LRB104 03042 BDA 13060 b

1 detained individuals for any law enforcement purpose,

2 including civil immigration enforcement. "Nonjudicial warrant"

3 includes an immigration detainer or civil immigration warrant

4 as defined in the Illinois TRUST Act. "Nonjudicial warrant"

5 does not include a criminal warrant issued upon a judicial

6 determination of probable cause, in compliance with the

7 requirements of the Fourth Amendment to the United States

8 Constitution and Section 6 of Article I of the Illinois

9 Constitution.

10  "Prevailing party" includes any party:

11       (1) who obtains some of his or her requested relief

12  through a judicial judgment in his or her favor;

13       (2) who obtains some of his or her requested relief

14  through a settlement agreement approved by a court; or

15       (3) whose pursuit of a nonfrivolous claim was a

16  catalyst for a unilateral change in position by the

17  opposing party relative to the relief sought.

18  "School" means a public institution of higher education as

19 defined in Section 5.

20  "School campus" or "school's campus" means:

21       (1) any building or property owned or controlled by a

22  school within the same reasonably contiguous geographic

23  area of the school and used by the school in direct support

24  of or in a manner related to the school's educational

25  purposes, including, but not limited to, residence halls;

26  and
    HB1312 Enrolled        - 26 - LRB104 03042 BDA 13060 b

1   (2) property within the same reasonably contiguous

2   geographic area of the school that is owned by the school

3   but controlled by another person, is used by students, and

4   supports school purposes, including, but not limited to, a

5   food or other retail vendor.

6   (b) Unless required by State or federal law or rule, a

7 school must not perform any of the following actions:

8   (1) Threaten to disclose the actual or perceived

9   citizenship or immigration status of an employee, a

10  student, or a person associated with an employee or

11  student to an external party, including immigration or law

12  enforcement agencies.

13  (2) Knowingly disclose, without the consent of the

14  employee or student, anything related to the perceived

15  citizenship or immigration status of an employee, a

16  student, or a person associated with an employee or

17  student to an external party, including immigration or law

18  enforcement agencies, if the school does not have direct

19  knowledge of the employee's, student's, or associated

20  person's actual citizenship or immigration status, subject

21  to the requirements of this subsection.

22  (3) Knowingly disclose, without the consent of the

23  employee or student, anything related to the actual

24  citizenship or immigration status of an employee, a

25  student, or a person associated with an employee or

26  student to any other person or nongovernmental entity if
    HB1312 Enrolled  - 27 - LRB104 03042 BDA 13060 b

1   the school has direct knowledge of the employee's,

2   student's, or associated person's actual citizenship or

3   immigration status, subject to the requirements of this

4   subsection.

5   (4) Designate immigration status, citizenship, place

6   of birth, nationality, or national origin as directory

7   information, as that term is defined by State and federal

8   law.

9   Nothing in this subsection may be construed to:

10  (A) prohibit a school from complying with all

11  applicable State and federal laws and rules, including,

12  but not limited to, 8 U.S.C. 214;

13  (B) prohibit or restrict a school from sending to or

14  receiving from the United States Department of Homeland

15  Security or any other federal, State, or local

16  governmental entity information regarding the citizenship

17  or immigration status of an individual under Sections 1373

18  and 1644 of Title 8 of the United States Code;

19  (C) permit the disclosure of personally identifiable

20  education records, as that term is defined by State or

21  federal law, or information from those records without

22  complying with State and federal laws and rules governing

23  the disclosure of such records or information;

24  (D) prohibit schools from complying with valid

25  judicial warrants, orders, or subpoenas; or

26  (E) prohibit or restrict a school from disclosing
    HB1312 Enrolled  - 28 - LRB104 03042 BDA 13060 b

1   information necessary to respond to an administrative

2   complaint or litigation brought against or by the school.

3   (c) A school must develop procedures for reviewing and

4 authorizing requests from law enforcement agents attempting to

5 enter a school's campus by January 1, 2026. The procedures

6 must, at a minimum, include the following:

7   (1) procedures for reviewing and contacting a

8   designated authorized person, office, or department at the

9   school or school facility, which person, office, or

10  department may contact the school's legal counsel, and

11  procedures for that authorized person, office, or

12  department or legal counsel to review requests to enter a

13  school's campus, including judicial warrants or orders,

14  nonjudicial warrants, and subpoenas;

15  (2) procedures for documenting all interactions with

16  law enforcement agents while on the school's campus; and

17  (3) procedures for notifying and seeking consent from

18  an employee or student if a law enforcement agent requests

19  access to the employee or student for immigration

20  enforcement purposes, unless such consent is prohibited by

21  a judicial warrant or subpoena.

22  (d) A school must provide information on its website about

23 who employees and students should contact if a law enforcement

24 agent seeks to enter the school campus, enters the school

25 campus, or engages in nonconsensual interactions with members

26 of the school community, including employees or students, by
    HB1312 Enrolled  - 29 - LRB104 03042 BDA 13060 b

1 January 1, 2026.

2   (e) A school shall submit to either the Illinois Community

3 College Board or the Illinois Board of Higher Education, as

4 applicable, a copy of the procedures developed to implement

5 subsections (b) and (c). The Illinois Community College Board

6 and the Illinois Board of Higher Education shall submit to the

7 General Assembly a report compiling the procedures received

8 from each school under this subsection (e) by July 1, 2026.

9   (f) The General Assembly finds and declares that this

10 Section is a State law within the meaning of subsection (d) of

11 Section 1621 of Title 8 of the United States Code.

12  (g) By January 1, 2026, a school shall provide immigration

13 enforcement resources on its website to help students and

14 employees understand their constitutional rights and access

15 immigration-related guidance. These resources may include, but

16 are not limited to, a link to illinoisimmigrationinfo.org.

17 This information shall be posted in a clear and easily

18 accessible location on the school's primary website.

19  (h) For the purposes of this subsection, "immigration

20 enforcement activity" includes any arrests or detentions

21 conducted by agents or officers of the United States

22 Department of Homeland Security, United States Immigration and

23 Customs Enforcement, or United States Customs and Border

24 Protection or any other individual or entity with the power to

25 arrest or detain individuals or manage custody of detained

26 individuals for the purposes of civil immigration enforcement.
    HB1312 Enrolled  - 30 - LRB104 03042 BDA 13060 b

1   By January 1, 2026, a school shall adopt procedures

2 designed to:

3   (1) determine if an immigration enforcement activity

4   is occurring or has occurred on the school's campus,

5   including verification of the first and last name,

6   employer or agency, and badge number of the lead law

7   enforcement agent, if possible; and

8   (2) notify the appropriate school-campus unit or area

9   if the school confirms that immigration enforcement

10  activity is occurring or has occurred on the school's

11  campus that, in the judgment of school law enforcement or

12  the school's public safety office, could adversely impact

13  school-campus safety or operations.

14  (i) A school may not impede students or employees from

15 offering, attending, or participating in training on

16 constitutional rights and immigration-related guidance,

17 including, but not limited to, attending know-your-rights

18 training or sharing know-your-rights flyers.

19  (j) Beginning January 1, 2026, any party aggrieved by

20 conduct that violates subsection (b) may bring a civil

21 lawsuit. This lawsuit must be brought no later than 2 years

22 after the violation of subsection (b) or 2 years from the date

23 the aggrieved party becomes aware of the violation of

24 subsection (b), whichever is later. If the court finds that a

25 willful violation of subsection (b) has occurred, the court

26 may award actual damages. The court, as it deems appropriate,
    HB1312 Enrolled        - 31 - LRB104 03042 BDA 13060 b

1 may grant, as relief, a permanent or preliminary negative or

2 mandatory injunction, temporary restraining order, or other

3 order.

4   (k) Nothing in this Section may be construed to require an

5 exhaustion of the administrative complaint process before

6 civil law remedies may be pursued.

7   (l) Upon a motion, a court shall award reasonable

8 attorney's fees and costs, including expert witness fees and

9 other litigation expenses, to a plaintiff who is a prevailing

10 party in any action brought under subsection (i). In awarding

11 reasonable attorney's fees, the court shall consider the

12 degree to which the relief obtained relates to the relief

13 sought.

14                         ARTICLE 25

15  Section 25-5. The Child Care Act of 1969 is amended by

16 adding Section 3.8 as follows:

17  (225 ILCS 10/3.8 new)

18  Sec. 3.8. Licensed day care centers; immigration

19 enforcement.

20  (a) As used in this Section:

21  "Immigration enforcement action" includes any arrests or

22 detentions conducted by agents or officers of the United

23 States Department of Homeland Security, United States
    HB1312 Enrolled  - 32 - LRB104 03042 BDA 13060 b

1 Immigration and Customs Enforcement, or United States Customs

2 and Border Protection or any other individual or entity with

3 the power to arrest or detain individuals or manage custody of

4 detained individuals for the purposes of civil immigration

5 enforcement.

6   "Law enforcement agent" means an agent of federal, State,

7 or local law enforcement authorized with the power to arrest

8 or detain individuals, or manage the custody of detained

9 individuals, for civil immigration enforcement.

10  (b) A licensed day care center shall not disclose or

11 threaten to disclose to any other person, entity, or agency

12 information regarding or relating to the actual or perceived

13 citizenship or immigration status of a child or an associated

14 person, unless disclosure is required by State or federal law.

15  Nothing in this Section shall be construed to prohibit or

16 restrict an entity from sending to or receiving from the

17 United States Department of Homeland Security or any other

18 federal, State, or local governmental entity information

19 regarding the citizenship or immigration status of an

20 individual under 8 U.S.C. 1373 and 8 U.S.C. 1644.

21  (c) This Section does not affect a licensed day care

22 center's obligation as a mandated reporter or to otherwise

23 respond to instances of suspected crime on the premises. This

24 Section does not prohibit licensed day care centers from

25 interacting with law enforcement agents for the purposes of

26 hotline emergency calls or incidents arising out of mandated
    HB1312 Enrolled        - 33 - LRB104 03042 BDA 13060 b

1 reporting.

2   (d) The Department of Children and Family Services or the

3 Department of Early Childhood, whichever is applicable, shall

4 make available on its website resources for families,

5 including, but not limited to, resources regarding the

6 constitutional rights of families, family preparedness plans,

7 and a copy of the Department of Children and Family Services'

8 appointment of short-term guardian form (Form CFS 444-2 or its

9 predecessor or successor form).

10  (e) If a child's parent or guardian directly faces

11 immigration enforcement action, a licensed day care center

12 shall use the child's emergency contact information and

13 release the child to the persons designated as the child's

14 emergency contacts or into the custody of an individual who

15 presents a properly executed appointment of short-term

16 guardian form on behalf of the child.

17  (f) A licensed day care center shall adopt policies by

18 January 1, 2026 to comply with this Section and shall ensure

19 that all staff members are trained on the adopted policies.

20 The policies shall not have the effect of excluding or

21 discouraging a child from any program at the licensed day care

22 center because of the child's or the child's parent or

23 guardian's actual or perceived immigration status shall

24 require the following:

25  (1) a written plan of action for interacting with law

26  enforcement agents that shall be shared with a child's
    HB1312 Enrolled       - 34 - LRB104 03042 BDA 13060 b

1   parent or guardian and includes the following:

2   (A) designation of spaces deemed to be private

3   within the facility;

4   (B) designation of the licensed day care center

5   director or the center director's designee to serve as

6   the primary point of contact for interacting with law

7   enforcement agents; and

8   (C) procedures that a licensed day care center's

9   primary point of contact shall follow to respond and

10  review any request for entry by law enforcement,

11  including judicial warrants, orders, and subpoenas.

12  (2) procedures for notifying and seeking written

13  consent from a child's parents or guardian if a law

14  enforcement agent requests access to personally

15  identifiable information from the child's records, unless

16  such access is in compliance with a judicial warrant or

17  order or a subpoena that restricts the disclosure of the

18  information to the child's parents or guardian;

19  (3) families enrolled at the licensed day care center

20  to update their emergency contact list biannually; and

21  (4) notification to be given, within a reasonable time

22  period, to parents or guardians and the Department if

23  immigration enforcement action occurs at the licensed day

24  care center or its environs.

25  A licensed day care center's late pick-up policy shall be

26 updated to include the degree of diligence the licensed day
    HB1312 Enrolled     - 35 - LRB104 03042 BDA 13060 b

1 care center will use to reach a child's emergency contacts,

2 including the number of attempted phone calls to parents and

3 emergency contacts and any requests for police assistance in

4 finding a child's emergency contact.

5   (g) Failure to comply with subsection (b) of this Section

6 shall result in a formal licensing violation. Failure to

7 comply with any other provision of this Section may result in a

8 licensing violation.

9                       ARTICLE 99

10  Section 99-97. Severability. The provisions of this Act

11 are severable under Section 1.31 of the Statute on Statutes.

12  Section 99-99. Effective date. This Act takes effect upon

13 becoming law.
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