IL TRUST ACT-COUNTY OPT OUT
HB 3241 lets Illinois counties opt out of the TRUST Act by adopting a resolution, shielding officials from liability and allowing local enforcement to diverge from state rules.
HB 3241 lets Illinois counties opt out of the TRUST Act by adopting a resolution, shielding officials from liability and allowing local enforcement to diverge from state rules.
Status and sponsors
- Bill number: HB 3241 (Introduced Feb 2025; filed Feb 24, 2025).
- Sponsor: Rep. Michael J. Coffey, Jr. Co‑sponsors added: Rep. Dan Ugaste and Rep. Kevin Schmidt.
- Legislative status (selected): Passed the House (May 16, 2025); received in the Senate and read May 21, 2025; referred to the Senate Economic Development committee.
- Companion: SB 1496.
Purpose and intent
- HB 3241 amends the Illinois TRUST Act by adding a new Section 35 that creates a county-level “opt‑out” mechanism. Its intent is to allow county boards to decline to be bound by the provisions of the statewide TRUST Act beginning on or after the bill’s effective date.
Key provisions
- County opt‑out resolution: Notwithstanding other law, a county "is not required to comply" with the Illinois TRUST Act if the county board adopts a resolution to that effect on or after the effective date of this amendatory Act.
- Liability shield: If a county board adopts such a resolution, neither the county nor any of its officers or employees shall be civilly or criminally liable for noncompliance with the TRUST Act.
- Effective timing: The resolution may be adopted on or after the effective date of this bill (the text refers to adoption “on or after the effective date of the amendatory Act”).
Who would be affected
- County governments and county boards: gain authority to opt out from complying with the TRUST Act by adopting a resolution.
- County officers and employees: the bill grants protection from civil and criminal liability related to noncompliance with the TRUST Act once a county opts out.
- Local law enforcement: opt‑out counties could change local policies regarding cooperation with federal immigration enforcement (e.g., honoring detainers or information sharing) that the TRUST Act otherwise restricts.
- Immigrant communities, advocacy groups, and civil‑rights organizations: likely affected by any change in local enforcement practices and cooperation with federal immigration authorities.
Notable procedural/timing aspects and gaps
- The bill text is concise and narrowly focused on permitting county opt‑out and providing a liability shield. It does not specify notice, public‑hearing, or referendum requirements for a county resolution, nor does it change state prosecutorial authority or other aspects of the TRUST Act.
- No fiscal impacts, enforcement mechanisms, or sunset clauses are included in the introduced text.
- Because the bill relies on county board resolutions, its practical effect will vary by county based on local political decisions.
Compiled from official sources — confirm details with the bill’s official record.
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