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Tuesday, February 16, 2021

Government Immunity and Liability Bills

A number of bills were recently introduced in the Illinois General Assembly that could impact local governments. We wanted you to be aware of these so you can monitor their progress through the legislature.

Eliminate Immunity for the Failure to Diagnose

HB 454 would eliminate protections for local governments and public employees from liability caused by the failure to diagnose mental or physical illness.

Codify the Public Duty Rule

SB 95 would codify the public duty rule and restore protections for local governments and public employees. Readers will remember that the Illinois Supreme Court eliminated the public duty rule (which provided certain legal defenses to local governments) in 2016 in Coleman v. East Joliet Fire Protection District - you can read our post on that case here.

Remove Liability for Cyberattacks

HB593 and SB 96 would protect local governments and public employees from liability caused by cyberattacks. 

Post authored by Rain Montero & Julie Tappendorf, Ancel Glink


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