740 ILCS 16/ Illinois Bivens Act.

(740 ILCS 16/Art. 5 heading) ARTICLE 5

(Source: P.A. 104-440, eff. 12-9-25.)

(740 ILCS 16/5-1)

Sec. 5-1. Short title. This Article may be cited as the Illinois Bivens Act. References in this Article to "this Act" mean this Article.

(Source: P.A. 104-440, eff. 12-9-25.)

(740 ILCS 16/5-5)

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

"Crowd control equipment" includes, but is not limited to, kinetic impact projectiles; compressed air launchers, such as PLS and FN303; oleoresin capsicum spray, CS gas, CN gas, or other chemical irritants; 40 millimeter munitions launchers; less-lethal shotguns; less-lethal specialty impact-chemical munitions; controlled noise and light distraction devices; and electronic control weapons.

"Facial covering" means any opaque mask, garment, helmet, headgear, or other item that conceals or obscures the facial identity of an individual, including, but not limited to, a balaclava, tactical mask, gaiter mask, ski mask, or any similar type of facial covering or face-shielding item. "Facial covering" does not include a medical grade mask designed to prevent the transmission of diseases; a facial covering designed to protect against exposure to smoke during a state of emergency related to wildfires; or protective gear used by Special Weapons and Tactics (SWAT) team officers necessary to protect their faces from harm while they perform their SWAT responsibilities.

"Prevailing party" includes any party:

(1) who obtains some of his or her requested relief through a judicial judgment in his or her favor;

(2) who obtains some of his or her requested relief through any settlement agreement approved by the court; or

(3) whose pursuit of a nonfrivolous claim was a catalyst for a unilateral change in position by the opposing party relative to the relief sought.

(Source: P.A. 104-440, eff. 12-9-25.)

(740 ILCS 16/5-10)

Sec. 5-10. Deprivation of constitutional rights; liability.

(a) Any person may 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. As used in this Section, "civil immigration enforcement" does not include an action committed by a law enforcement officer or peace officer that is acting within the officer's powers and duties consistent with Illinois law.

(b) Qualified immunity is a defense to liability under this Act.

(Source: P.A. 104-440, eff. 12-9-25.)

(740 ILCS 16/5-15)

Sec. 5-15. Remedies.

(a) All monetary, injunctive, and declaratory relief available at common law is available under this Act for a violation of this Act without regard to whether a plaintiff may have a claim under any other statute or common law cause of action. If a plaintiff seeks punitive damages against a defendant who committed a violation of this Act while acting under color of federal law, Illinois law, or other state law, the following facts shall be factors in determining the reprehensibility of the defendant's conduct:

(1) whether the defendant wore a facial covering while committing the violation;

(2) whether, at the time of the violation, the defendant was a law enforcement officer who failed to identify or disclose that he or she was a law enforcement officer either verbally or by wearing identifying insignia, such as a badge, agency logo, or patch, or by providing his or her name, badge or identification number, and the employing agency or department;

(3) whether, at the time of the violation, the defendant was a law enforcement officer who was required by State or federal law or regulation or agency policy to wear and use an officer-worn body camera during the type of activity that gave rise to the deprivation of rights and failed to do so;

(4) whether the defendant was operating or using a motor vehicle without a license plate or with a non-Illinois license plate;

(5) whether the defendant used crowd control equipment at the time of the violation; or

(6) whether the defendant intentionally violated or failed to comply with any material term or condition of a court order or consent decree that was issued by a court, that was in effect at the time of the violation of this Act, that applied to the person acting under color of law, and that was issued or entered into in part to address or prevent future violations of this Act relating to the conduct complained of.

(b) Upon motion, a court shall award reasonable attorney's fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought under this Act. In awarding reasonable attorney's fees, the court shall consider the degree to which the relief obtained relates to the relief sought.

(Source: P.A. 104-440, eff. 12-9-25.)

(740 ILCS 16/5-90)

Sec. 5-90. (Amendatory provisions; text omitted).

(Source: P.A. 104-440, eff. 12-9-25; text omitted.)

(740 ILCS 16/Art. 10 heading) ARTICLE 10(The Court Access, Safety, and Participation Act is compiled at 705 ILCS 96/)(Source: P.A. 104-440, eff. 12-9-25.)

(740 ILCS 16/Art. 15 heading) ARTICLE 15(Amendatory provisions; text omitted)(Source: P.A. 104-440, eff. 12-9-25; text omitted.)

(740 ILCS 16/Art. 20 heading) ARTICLE 20(Amendatory provisions; text omitted)(Source: P.A. 104-440, eff. 12-9-25; text omitted.)

(740 ILCS 16/Art. 25 heading) ARTICLE 25(Amendatory provisions; text omitted)(Source: P.A. 104-440, eff. 12-9-25; text omitted.)

(740 ILCS 16/Art. 99 heading) ARTICLE 99

(Source: P.A. 104-440, eff. 12-9-25.)

(740 ILCS 16/99-97)

Sec. 99-97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

(Source: P.A. 104-440, eff. 12-9-25.)

(740 ILCS 16/99-99)

Sec. 99-99. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 104-440, eff. 12-9-25.)