Bill Title: Creates the Illinois Bivens Act. Authorizes any person to bring a civil action against any person who, while conducting civil immigration enforcement, knowingly engages in conduct that violates the Illinois Constitution or the United States Constitution. Establishes remedies for violations of the Act. Creates criteria that are to be used in determining the amount of punitive damages that will be awarded under the Act. Amends the Whistleblower Act. Provides that an employer may not take retaliatory action against an employee for disclosing or threatening to disclose in good faith a violation of the Illinois Bivens Act. Makes conforming changes to the definition of "retaliatory action". Creates the Court Access, Safety, and Participation Act. Makes legislative findings concerning access to the courts. Creates a privilege from civil arrest for a person who in good faith is attending a State court proceeding or who is going to, remaining at, or returning from the place of the court proceeding. Provides that a person who violates provisions of the Act is liable for civil damages for false imprisonment, including actual damages and statutory damages of $10,000, if that person knew or reasonably should have known that the person arrested is a person duly and in good faith attending a State court proceeding in which the person is a party, a witness, a potential witness, or a court companion of a party, witness, or potential witness while going to, remaining at, and returning from the court proceeding. Authorizes a court to grant any equitable or declaratory relief it deems appropriate and just. Prohibits an action from being commenced under the Act against the Illinois court system or any Illinois court system personnel acting lawfully under duty to maintain safety and order in the courts. Provides that nothing in the Act affects any right or defense of any person, police officer, peace officer or public officer, or any Illinois court system personnel acting lawfully under their duty to maintain safety and order in the courts. Provides that qualified immunity is a defense to liability under the Act. Amends the Hospital Licensing Act. Provides that the amendatory changes to the Act may be referred to as the Health Care Sanctity and Privacy Law. Requires hospitals to adopt and implement a policy regarding interactions with law enforcement agents. Sets forth minimum requirements for the policy, including designating a contact person or persons to be notified of all law enforcement presence or information requests and establishing the following procedures: procedures to respond to such requests; procedures to verify the identity and authority of any law enforcement agent involved in civil immigration activities at a hospital site; procedures for designating space for law enforcement agents to remain and wait at a hospital; procedures for patients to request an amendment to their medical records; and procedures concerning the release of information to law enforcement agents. Requires the policy to be submitted to the Department of Public Health. Establishes a fine for hospitals that fail to submit the policy. Sets forth provisions concerning complaints of noncompliance with the provisions; holding hospital personnel harmless from any civil, criminal, or other liability that may arise as a result of their reasonable compliance with the amendatory provisions; obligations as a mandated reporter; and conflicts with federal law. Amends the University of Illinois Hospital Act to require compliance with the provisions of the amendatory Act. Amends the Illinois Administrative Procedure Act to grant the Department of Public Health emergency rulemaking powers. Amends the Public Higher Education Act. Prohibits a school from threatening to disclose the actual or perceived citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party; knowingly disclosing, without consent, anything related to the perceived citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party if the school does not have direct knowledge of the employee's, student's, or associated person's actual citizenship or immigration status; knowingly disclosing, without consent, anything related to the actual citizenship or immigration status of an employee, a student, or a person associated with an employee or student to any other person or nongovernmental entity if the school has direct knowledge of the employee's, student's, or associated person's actual citizenship or immigration status; or designating immigration status, citizenship, place of birth, nationality, or national origin as directory information. Requires a school to develop procedures for reviewing and authorizing requests from law enforcement agents attempting to enter a school's campus by January 1, 2026. Requires a school to provide information on its website about who employees and students should contact if a law enforcement agent seeks to enter the school campus, enters the school campus, or engages in nonconsensual interactions with members of the school community by January 1, 2026. Requires a school to submit to either the Illinois Community College Board or the Illinois Board of Higher Education, as applicable, a copy of the procedures developed to implement specified requirements in the amendatory Act. Requires the Illinois Community College Board and the Illinois Board of Higher Education to submit a report to the General Assembly concerning those procedures. Prohibits a school from impeding students or employees from offering, attending, or participating in training on constitutional rights and immigration-related guidance. Allows aggrieved parties to bring a civil lawsuit. Amends the Child Care Act of 1969. Provides that a licensed day care center shall not disclose or threaten to disclose to any other person, entity, or agency information regarding or relating to the actual or perceived citizenship or immigration status of a child or an associated person, unless disclosure is required by State or federal law. Provides that a licensed day care center shall not consent to entry to its premises by a law enforcement agent for immigration enforcement action unless the law enforcement agent provides valid identification and a signed judicial warrant or order or subpoena to enter the facility. Requires the Department of Children and Family Services or the Department of Early Childhood, as is applicable, to make available on its website specified resources for families. Provides that, if a child's parent or guardian directly faces immigration enforcement action, a licensed day care center shall use the child's emergency contact information and release the child to the persons designated as the child's emergency contacts or into the custody of an individual who presents a properly executed appointment of short-term guardian form on behalf of the child. Sets forth provisions requiring a licensed day care center to adopt certain policies concerning consent to disclosure. Provides that the policies shall not have the effect of excluding or discouraging a child from any program at the licensed day care center because of the actual or perceived immigration status of the child or the child's parent or guardian. Establishes enforcement provisions for violations of disclosure provisions. Effective immediately.
Sponsorship: Partisan Bill (Democrat 87)
Status: (Passed) 2025-12-09 - Public Act . . . . . . . . . 104-0440
[HB1312 Detail]
Bill Drafts
| Revision | Date | Format | Source | View |
|---|
| Enrolled | 2025-11-04 | HTML/Text | Link | View |
| Engrossed | 2025-03-19 | HTML/Text | Link | View |
| Introduced | 2025-01-14 | HTML/Text | Link | View |
Amendments
Supplemental Documents
| Title | Description | Date | Format | Source | View |
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| No supplemental documents for Illinois HB1312 currently on file. |
