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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
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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,
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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
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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
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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
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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
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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.Every fact on this page links to its source, starting with the official bill record.