Illinois Compiled Statutes 775 ILCS 55/1-20 – Prohibited State actions; causes of action
Current as of: 2024 | Check for updates
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(a) The State shall not:
(1) deny, restrict, interfere with, or discriminate
(1) deny, restrict, interfere with, or discriminate
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against an individual‘s exercise of the fundamental rights set forth in this Act, including individuals under State custody, control, or supervision; or
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(2) prosecute, punish, or otherwise deprive any
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individual of the individual’s rights for any act or failure to act during the individual’s own pregnancy, if the predominant basis for such prosecution, punishment, or deprivation of rights is the potential, actual, or perceived impact on the pregnancy or its outcomes or on the pregnant individual’s own health.
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(b) Any party aggrieved by conduct or regulation in violation of this Act may bring a civil lawsuit, in a federal district court or State circuit court, against the offending unit of government. Any State claim brought in federal district court shall be a supplemental claim to a federal claim. Any lawsuit brought pursuant to this Act shall be commenced within 2 years after the cause of action was discovered.
(c) 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 pursuant to this Section. In awarding reasonable attorney’s fees, the court shall consider the degree to which the relief obtained relates to the relief sought.
Terms Used In Illinois Compiled Statutes 775 ILCS 55/1-20
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(c) 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 pursuant to this Section. In awarding reasonable attorney’s fees, the court shall consider the degree to which the relief obtained relates to the relief sought.