Bill Text: IL HB3669 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Creates the Malicious False Reporting Liability Act. Provides that a person may bring an action against another person for malicious false reporting to a law enforcement agency. Provides that a person bringing an action may recover: an amount in actual and punitive damages or liquidated damages of at least $250 and not more than $1,500; the costs of the action; and reasonable attorney's fees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3669 Detail]

Download: Illinois-2021-HB3669-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3669

Introduced , by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:
New Act

Creates the Malicious False Reporting Liability Act. Provides that a person may bring an action against another person for malicious false reporting to a law enforcement agency. Provides that a person bring an action may recover: an amount in actual and punitive damages or liquidated damages of at least $250 and not more than $1,500; the costs of the action; and reasonable attorney's fees.
LRB102 14032 LNS 19384 b

A BILL FOR

HB3669LRB102 14032 LNS 19384 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Malicious False Reporting Liability Act.
6 Section 5. Cause of action.
7 (a) A person may bring an action against another person
8for malicious false reporting if the person is able to
9establish:
10 (1) the other person made a false report to a law
11 enforcement agency knowing that the report was false; and
12 (2) as a result of the report, the person was
13 questioned, detained, or arrested by a law enforcement
14 officer.
15 (b) A person may bring an action under this Act even if the
16other person:
17 (1) has not been prosecuted for the crime of false
18 reporting or false informing;
19 (2) has not been convicted of the crime of false
20 reporting or false informing; or
21 (3) has been acquitted of the crime of false reporting
22 or false informing.
23 (c) A separate cause of action may be brought by each

HB3669- 2 -LRB102 14032 LNS 19384 b
1person damaged by the other person's actions under this Act.
2 Section 10. Remedies.
3 (a) A person bringing an action under this Act may
4recover:
5 (1) an amount in:
6 (A) actual and punitive damages; or
7 (B) liquidated damages of at least $250 and not
8 more than $1,500;
9 (2) the costs of the action; and
10 (3) reasonable attorney's fees.
11 (b) In determining the amount of damages under this
12Section, the court shall consider whether the person's
13actions:
14 (1) implicated a right protected under the
15 Constitution of the United States or the Illinois
16 Constitution;
17 (2) were intended to discriminate against the person;
18 (3) caused the person to feel harassed, humiliated, or
19 embarrassed;
20 (4) caused the person to be expelled from a place in
21 which the person was lawfully located; or
22 (5) damaged the person's:
23 (A) reputation or standing in the community; or
24 (B) financial, economic, consumer, or business
25 prospects or interests.
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