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SB 2729

"Mississippi Public Health Trust Fund"; establish to support public health programs funded from medical cannabis taxes.

2025 Regular Session Introduced by Hob Bryan

Illinois residents can sue individuals involved in civil immigration enforcement for constitutional violations, with broad remedies including damages and attorney fees.

Approved by Governor
#finance #publichealthandhumanservices #publichealthandwelfare #waysandmeans
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WeVote Research Nonpartisan
Bill Summary · SB 2729

Summary — SB 2729 (Illinois Bivens Act) — introduced 2025; approved by Governor

Note: The bill text provided is for an Illinois statute titled the "Illinois Bivens Act" (creating a private civil remedy for constitutional violations) and amends the Whistleblower Act. This differs from the “Mississippi Public Health Trust Fund” title in your header; I summarize the Illinois bill text you provided.

Main purpose / intent

SB 2729 creates a statutory private right of action — dubbed the “Illinois Bivens Act” — allowing Illinois residents (with a specific exclusion for state/local officers or employees) to sue persons who, while participating in civil immigration enforcement, knowingly engage in conduct that violates the Illinois or U.S. Constitution. The bill also expands and clarifies remedies, punitive-damages criteria, fee-shifting, and amends the state Whistleblower Act.

Key provisions

  • Private cause of action

    • Any Illinois resident (except a state/local government officer or employee) may bring a civil action against a person who, while participating in civil immigration enforcement, knowingly violates the Illinois or U.S. Constitution.

  • Remedies available

    • All common-law and equitable remedies are available: monetary damages (including punitive damages where appropriate), injunctive relief, and declaratory relief — regardless of whether other statutory/common-law claims exist.
    • Courts must award reasonable attorney’s fees and litigation costs (including expert witness fees) to a prevailing plaintiff, with the court considering how the relief obtained relates to relief sought.

  • Punitive damages factors

    • The bill establishes non-exhaustive factors to guide punitive-damages awards, including whether the defendant:
    • wore a facial covering while committing the violation;
    • was a law enforcement officer who failed to identify themselves (by badge, name, agency, etc.);
    • failed to use a required body-worn camera;
    • used a vehicle with non-Illinois, missing, or obscured plates;
    • used crowd-control equipment at the time of violation; or
    • intentionally violated a court order or consent decree related to preventing such conduct.

  • Definitions inserted/clarified

    • “Crowd control equipment” — lists kinetic impact projectiles, chemical irritants, 40 mm launchers, less-lethal shotguns, electronic control weapons, etc.
    • “Facial covering” — intended to include opaque masks, balaclavas, medical masks, protective gear for SWAT, etc. (The draft contains formatting/wording errors in this section.)
    • “Prevailing party” — includes parties obtaining relief by judgment, court‑approved settlement, or as a non-frivolous catalyst to relief by opposing party.

  • Whistleblower Act amendments

    • Revises definitions (e.g., “adverse employment action,” “employer,” “employee”) and provides that employers may not retaliate against employees for good‑faith disclosures of violations of the Civil Rights Act of 2026 (text ties to other changes in Section 15).

  • Other

    • Contains severability language and is effective immediately (per bill text).

Who is affected

  • Plaintiffs: Illinois residents (except state/local officers/employees) gain a new route to sue individuals involved in civil immigration enforcement.
  • Defendants: Individuals (including law enforcement officers acting in immigration enforcement capacities) may face increased civil liability and punitive damages exposure.
  • Employers and employees: Changes to the Whistleblower Act expand protections and redefine key terms, affecting public and private employers in Illinois.
  • State and local governments: Potential fiscal exposure for judgments/settlements and operational impacts (policies on identification, use of body cams, use of crowd control equipment).

Procedural/timeline highlights

  • Introduced/Filed: March 13, 2025 (and other entry dates in the record)
  • Legislative activity includes committee referrals, amendments, and passage votes (multiple entries dated Jan–Oct 2024–2025 in the record).
  • Enrolled bill signed: March 25, 2025
  • Approved by Governor: March 28, 2025
  • Status: Approved by Governor; contains an effective-immediately clause in the text.

Potential impacts and considerations

  • Litigation: Likely to increase civil litigation related to immigration enforcement activities and civil‑rights claims.
  • Policing practices: Incentivizes identification, body‑camera use, and caution in use of crowd‑control equipment; failure to comply may be an aggravating factor for punitive damages.
  • Fiscal: Possible increase in payouts, settlements, and defense costs for individuals and public agencies if litigation expands.
  • Drafting issues: The provided draft contains formatting/wording errors (especially in the “facial covering” and some organizational text), which could require technical cleanups or clarifying amendments.

Related/companion bill

  • HB 2677 (companion)

If you want, I can:
- Produce a one‑page plain‑language explainer of rights/obligations under the Act, or
- Extract and clean the bill’s definitions and proposed statutory text into a readable table.

Compiled from official sources — confirm details with the bill’s official record.

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