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HB 3736

Relating to translation services.

2025 Regular Session Introduced by Lesly Muñoz and 1 co-sponsor

HB 3736 creates a civil remedy for obscenity violations, letting victims sue for damages up to $10,000,000 per count plus punitive damages and injunctions.

In committee upon adjournment.
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Bill Summary · HB 3736

Summary of HB 3736 (CRIM CD-OBSCENITY CIVIL ACTION)

Purpose and intent

HB 3736 amends the Criminal Code of 2012 to create a civil remedy for victims of obscenity violations. It allows individuals harmed by the unlawful sale, distribution, promotion, or exhibition of obscene material to sue the responsible party in civil court, seek damages (including punitive damages), and obtain injunctive relief to stop ongoing or future violations.

Key provisions and changes

  • Civil action authorization (new subsection under 11-20).
    • Any person harmed by the unlawful sale, distribution, promotion, or exhibition of obscene material may bring a civil action against the responsible individual or entity.
  • Damages.
    • Prevailing plaintiffs may recover compensatory damages for actual losses.
    • Punitive damages may be awarded as determined by the court.
    • Damages are capped at $10,000,000 per count; each separate instance of unlawful sale, distribution, promotion, or exhibition constitutes a separate count.
  • Statute of limitations.
    • A civil action must be brought within 5 years of the discovery of the violation or the harm caused by the violation.
  • Attorney’s fees.
    • In a successful civil action, plaintiffs may recover reasonable attorney’s fees in addition to damages.
  • Injunctive relief.
    • Courts may grant injunctive relief to prevent further violations, including cessation of sale, distribution, or exhibition of obscene material by the defendant.
  • Venue.
    • Civil actions may be filed in the county where the defendant resides, where the unlawful activity occurred, or where the plaintiff resides (if applicable).
  • Obscenity standard and evidence (existing framework retained).
    • Obscenity remains defined by the standard in 720 ILCS 5/11-20, including the three-part test: prurient appeal, lacking serious value, and intended audience considerations.
    • The bill preserves existing evidentiary factors for obscenity cases (audience, promotion, merits, public acceptance, etc.).

Who is affected

  • Individuals harmed by obscene material and the entities responsible for its sale, distribution, promotion, or exhibition.
  • Defendants in obscenity cases under 720 ILCS 5/11-20 may face civil liability in addition to any criminal exposure.
  • Legal practitioners representing plaintiffs seeking civil remedies for obscenity violations.
  • Courts in Illinois handling civil actions, injunctive relief, and damages awards in obscenity cases.

Procedural and timeline aspects

  • Status and routing (as introduced): Rule 19(a) / Re-referred to Rules Committee; introduced February–March 2025 with related readings and committee assignments.
  • Claims window: Civil action must be filed within 5 years of discovery of the violation or harm.
  • Per-count damages: Each instance of sale/distribution/promotion/exhibition is a separate count for purposes of the $10,000,000 cap.
  • Relief and venue: Civil actions may seek damages, attorney’s fees, injunctive relief, and may be pursued in multiple Illinois counties as specified.

Potential implications (neutral observations)

  • Introduces a significant monetary mechanism (up to $10 million per count) to curb obscene material violations through civil actions.
  • Adds potential deterrence via punitive damages and injunctive relief.
  • Broad venue provisions could affect where plaintiffs sue, potentially facilitating access to favorable forums.
  • Maintains substantial evidentiary considerations for obscenity while enabling civil remedies parallel to criminal enforcement.

Note: This summary reflects the introduced text’s provisions and does not reflect potential amendments that may arise during further legislative action.

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

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