CIVIL RIGHTS-REMEDIES

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3699

Introduced 2/5/2026, by Sen. Graciela Guzmán

SYNOPSIS AS INTRODUCED:

740 ILCS 23/5
740 ILCS 23/7 new

Amends the Illinois Civil Rights Act of 2003. Provides that the Act
may be referred to as the Illinois Accountability Act. Provides that a
person who claims to have suffered a deprivation of any rights, privileges
or immunities under the Illinois Constitution because of acts or omissions
of a public body or person acting on behalf of a public body, under color
of, or within the course and scope of the authority of a public body may
maintain an action to establish liability and recover compensatory
damages, punitive damages, and injunctive relief. Provides that in any
action filed under the Act, a public body or person acting on behalf of a
public body does not enjoy the defense of qualified immunity for causing
the deprivation of any rights, privileges, or immunities secured by the
Illinois Constitution. Provides that if the plaintiff prevails in an
action under the Act, the public body is liable for reasonable attorney's
fees and other litigation costs. Provides that statutory immunities and
limitations on liability, damages, or attorney's fees do not apply to
claims brought under the Act. Provides that an action filed under the Act
that is pending does not abate upon the death of the plaintiff or
defendant. Provides that a judgment awarded under the Act against a person
acting on behalf of a public body, under color of, or within the course and
scope of the authority of the public body is to be paid by the public body.
Provides that the State does not have sovereign immunity for itself or any
of its political subdivisions against claims brought the Act. Provides
that if there is any conflict between the Act and any other law of this
State, the amendatory Act controls.
LRB104 17105 JRC 30524 b

A BILL FOR

SB3699
LRB104 17105 JRC 30524 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
References to Act.
This Act may be referred to
5
as the Illinois Accountability Act.

6

Section 5.
The Illinois Civil Rights Act of 2003 is
7
amended by changing Section 5 and by adding Section 7 as
8
follows:

9

(740 ILCS 23/5)
10

Sec. 5.
Discrimination prohibited.
11

(a) No unit of State, county, or local government in
12
Illinois shall:

13

(1) exclude a person from participation in, deny a
14

person the benefits of, or subject a person to
15

discrimination under any program or activity on the
16

grounds of that person's race, color, national origin, or
17

gender; or

18

(2) utilize criteria or methods of administration that
19

have the effect of subjecting individuals to
20

discrimination because of their race, color, national
21

origin, or gender.
22

(b) Any party aggrieved by conduct that violates

SB3699
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LRB104 17105 JRC 30524 b
1
subsection (a) may bring a civil lawsuit, in a federal
2
district court or State circuit court, against the offending
3
unit of government. Any State claim brought in federal
4
district court shall be a supplemental claim to a federal
5
claim. This lawsuit must be brought not later than 2 years
6
after the violation of subsection (a). If the court finds that
7
a violation of paragraph (1) or (2) of subsection (a) has
8
occurred, the court may award to the plaintiff actual damages.
9
The court, as it deems appropriate, may grant as relief any
10
permanent or preliminary negative or mandatory injunction,
11
temporary restraining order, or other order.
12

(c) Upon motion, a court shall award reasonable attorneys'
13
fees and costs, including expert witness fees and other
14
litigation expenses, to a plaintiff who is a prevailing party
15
in any action brought:

16

(1) pursuant to subsection (b); or

17

(2) to enforce a right arising under the Illinois
18

Constitution.
19

In awarding reasonable attorneys' fees, the court shall
20
consider the degree to which the relief obtained relates to
21
the relief sought.
22

(d) For the purpose of this
Section

Act
, the term
23
"prevailing party" includes any party:

24

(1) who obtains some of his or her requested relief
25

through a judicial judgment in his or her favor;

26

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

SB3699
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LRB104 17105 JRC 30524 b
1

through any settlement agreement approved by the court; or

2

(3) whose pursuit of a non-frivolous claim was a
3

catalyst for a unilateral change in position by the
4

opposing party relative to the relief sought.
5
(Source: P.A. 95-541, eff. 1-1-08.)

6

(740 ILCS 23/7 new)
7

Sec. 7.
Cause of action for a violation of State
8
constitutional rights by public body.

9

(a) As used in this Section:
10

"Public body" means all legislative, executive,
11
administrative, or advisory bodies of the State, State
12
universities and colleges, units of local government, school
13
districts, any subsidiary bodies of any of the foregoing,
14
including but not limited to, committees and subcommittees
15
thereof, and a School Finance Authority created under Article
16
1E of the School Code as defined by Section 2 of the Freedom of
17
Information Act.
18

"Government employee" means an individual person or
19
persons employed or contracted by a public body.
20

(b)(1) A public body or person acting on behalf of a public
21
body, under color of or within the course and scope of the
22
authority of a public body may not deprive any resident of
23
Illinois or person within the State of any rights, privileges,
24
or immunities secured under the Illinois Constitution.
25

(2) A person who claims to have suffered a deprivation of

SB3699
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LRB104 17105 JRC 30524 b
1
any rights, privileges, or immunities under the Illinois
2
Constitution because of acts or omissions of a public body or
3
person acting on behalf of a public body, under color of, or
4
within the course and scope of the authority of a public body
5
may maintain an action to establish liability and recover
6
compensatory damages, punitive damages, and injunctive relief.
7

(3) The cause of action created under this Section is
8
against a public body only. An individual government employee
9
may not be found financially liable for a violation of this
10
Act.
11

(4) The remedies provided for in this Section are not
12
exclusive and are in addition to any other remedies provided
13
by law.
14

(5) This Section applies to all causes of actions that
15
arisen after the effective date of this amendatory Act of the
16
104th General Assembly.

17

(c) In any action filed under this Section, a public body
18
or person acting on behalf of a public body, under color of, or
19
within the course and scope of the authority of a public body
20
does not enjoy the defense of qualified immunity for causing
21
the deprivation of any rights, privileges, or immunities
22
secured by the Illinois Constitution.
23

(d)(1) In any proceeding in which a plaintiff's claim
24
prevails, the public body is liable for reasonable attorney's
25
fees and other litigation costs. Reasonable attorney's fees
26
include services provided by an attorney on a pro bono basis.

SB3699
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LRB104 17105 JRC 30524 b
1

(2) A plaintiff prevails if the plaintiff obtains any
2
relief the plaintiff seeks in the complaint, whether the
3
relief is obtained by judgment, settlement or, the public
4
body's voluntary change in behavior.
5

(e)(1) Statutory immunities and statutory limitations on
6
liability, damages, or attorney's fees do not apply to claims
7
brought under this Section.
8

(2) An action filed under this Section that is pending
9
does not abate upon the death of the plaintiff or defendant.
10

(f)(1) Notwithstanding any other law, for any contract or
11
agreement enacted after the effective date of this Act, a
12
court's finding that a government employee violated a right
13
under the Illinois Constitution is per se evidence that the
14
public body has just cause for terminating the employment of
15
that employee.
16

(2) The public body's termination of a contract,
17
agreement, or employment with that government employee does
18
not affect the public body's liability under this Section.
19

(g) A judgment awarded under this Section against a person
20
acting on behalf of the public body, under color of, or within
21
the course and scope of the authority of the public body is to
22
be paid by the public body. The State does not have sovereign
23
immunity for itself or any of its political subdivisions
24
against claims brought under this Section.
25

(h) Each public body must maintain a record of all final
26
judgments and settlements paid by the public body for claims

SB3699
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LRB104 17105 JRC 30524 b
1
made under this Section and include a copy of the complaint to
2
each record.
3

(i) If there is any conflict between this Section and any
4
other law of this State, this Section controls.

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