HB1312Introduced in the House
POW MIA RECOGNITION DAY
Introduced by Emanuel Welch, District 7
What does this bill do?
Plain-English breakdown
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Official description
Creates the Illinois Bivens Act. Authorizes any person to bring a civil action against any person who, while conducting civil immigration enforcement, knowingly engages in conduct that violates the Illinois Constitution or the United States Constitution. Establishes remedies for violations of the Act. Creates criteria that are to be used in determining the amount of punitive damages that will be awarded under the Act. Amends the Whistleblower Act. Provides that an employer may not take retaliatory action against an employee for disclosing or threatening to disclose in good faith a violation of the Illinois Bivens Act. Makes conforming changes to the definition of "retaliatory action". Creates the Court Access, Safety, and Participation Act. Makes legislative findings concerning access to the courts. Creates a privilege from civil arrest for a person who in good faith is attending a State court proceeding or who is going to, remaining at, or returning from the place of the court proceeding. Provides that a person who violates provisions of the Act is liable for civil damages for false imprisonment, including actual damages and statutory damages of $10,000, if that person knew or reasonably should have known that the person arrested is a person duly and in good faith attending a State court proceeding in which the person is a party, a witness, a potential witness, or a court companion of a party, witness, or potential witness while going to, remaining at, and returning from the court proceeding. Authorizes a court to grant any equitable or declaratory relief it deems appropriate and just. Prohibits an action from being commenced under the Act against the Illinois court system or any Illinois court system personnel acting lawfully under duty to maintain safety and order in the courts. Provides that nothing in the Act affects any right or defense of any person, police officer, peace officer or public officer, or any Illinois court system personnel acting lawfully under their duty to maintain safety and order in the courts. Provides that qualified immunity is a defense to liability under the Act. Amends the Hospital Licensing Act. Provides that the amendatory changes to the Act may be referred to as the Health Care Sanctity and Privacy Law. Requires hospitals to adopt and implement a policy regarding interactions with law enforcement agents. Sets forth minimum requirements for the policy, including designating a contact person or persons to be notified of all law enforcement presence or information requests and establishing the following procedures: procedures to respond to such requests; procedures to verify the identity and authority of any law enforcement agent involved in civil immigration activities at a hospital site; procedures for designating space for law enforcement agents to remain and wait at a hospital; procedures for patients to request an amendment to their medical records; and procedures concerning the release of information to law enforcement agents. Requires the policy to be submitted to the Department of Public Health. Establishes a fine for hospitals that fail to submit the policy. Sets forth provisions concerning complaints of noncompliance with the provisions; holding hospital personnel harmless from any civil, criminal, or other liability that may arise as a result of their reasonable compliance with the amendatory provisions; obligations as a mandated reporter; and conflicts with federal law. Amends the University of Illinois Hospital Act to require compliance with the provisions of the amendatory Act. Amends the Illinois Administrative Procedure Act to grant the Department of Public Health emergency rulemaking powers. Amends the Public Higher Education Act. Prohibits a school from threatening to disclose the actual or perceived citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party; knowingly disclosing, without consent, anything related to the perceived citizenship or immigration status of an employee, a student, or a person associated with an employee or student to an external party if the school does not have direct knowledge of the employee's, student's, or associated person's actual citizenship or immigration status; knowingly disclosing, without consent, anything related to the actual citizenship or immigration status of an employee, a student, or a person associated with an employee or student to any other person or nongovernmental entity if the school has direct knowledge of the employee's, student's, or associated person's actual citizenship or immigration status; or designating immigration status, citizenship, place of birth, nationality, or national origin as directory information. Requires a school to develop procedures for reviewing and authorizing requests from law enforcement agents attempting to enter a school's campus by January 1, 2026. Requires a school to provide information on its website about who employees and students should contact if a law enforcement agent seeks to enter the school campus, enters the school campus, or engages in nonconsensual interactions with members of the school community by January 1, 2026. Requires a school to submit to either the Illinois Community College Board or the Illinois Board of Higher Education, as applicable, a copy of the procedures developed to implement specified requirements in the amendatory Act. Requires the Illinois Community College Board and the Illinois Board of Higher Education to submit a report to the General Assembly concerning those procedures. Prohibits a school from impeding students or employees from offering, attending, or participating in training on constitutional rights and immigration-related guidance. Allows aggrieved parties to bring a civil lawsuit. Amends the Child Care Act of 1969. Provides that a licensed day care center shall not disclose or threaten to disclose to any other person, entity, or agency information regarding or relating to the actual or perceived citizenship or immigration status of a child or an associated person, unless disclosure is required by State or federal law. Provides that a licensed day care center shall not consent to entry to its premises by a law enforcement agent for immigration enforcement action unless the law enforcement agent provides valid identification and a signed judicial warrant or order or subpoena to enter the facility. Requires the Department of Children and Family Services or the Department of Early Childhood, as is applicable, to make available on its website specified resources for families. Provides that, if a child's parent or guardian directly faces immigration enforcement action, a licensed day care center shall use the child's emergency contact information and release the child to the persons designated as the child's emergency contacts or into the custody of an individual who presents a properly executed appointment of short-term guardian form on behalf of the child. Sets forth provisions requiring a licensed day care center to adopt certain policies concerning consent to disclosure. Provides that the policies shall not have the effect of excluding or discouraging a child from any program at the licensed day care center because of the actual or perceived immigration status of the child or the child's parent or guardian. Establishes enforcement provisions for violations of disclosure provisions. Effective immediately.
Where it stands
Public Act . . . . . . . . . 104-0440
December 9, 2025
How did lawmakers vote?
House votes
6 recorded votes · each counted separately
Senate votes
3 recorded votes · each counted separately
HouseStage: House Concurrence · October 31, 2025
75
Yes
32
No
1
Absent or Not Voting
108 representatives recorded in this House vote. Colors show vote categories only, not whether a vote was good or bad.
What do people think?
Citizen Voice
How would you vote on this bill?
An unofficial public opinion poll. It does not affect the bill or the official vote.
One response per device. Location is self-reported and not verified. Results are informal and not a scientific survey.
See how each representative voted
| Representative | District | Vote |
|---|---|---|
| Aaron Ortiz | 1 | Yes |
| Elizabeth Hernandez | 2 | Yes |
| Eva Dina Delgado | 3 | Yes |
| Lilian Jimenez | 4 | Yes |
| Kimberly Du Buclet | 5 | Yes |
| Sonya Harper | 6 | Yes |
| Emanuel Welch | 7 | Yes |
| LaShawn Ford | 8 | Yes |
| Yolanda Morris | 9 | Yes |
| Jawaharial Williams | 10 | Yes |
Bill history
Filed with the Clerk by Rep. Maura Hirschauer
First Reading
Referred to Rules Committee
Assigned to State Government Administration Committee
Added Chief Co-Sponsor Rep. Stephanie A. Kifowit
Added Chief Co-Sponsor Rep. Daniel J. Ugaste
Added Co-Sponsor Rep. Diane Blair-Sherlock
Do Pass / Short Debate State Government Administration Committee; 009-000-000
Added Co-Sponsor Rep. Nicolle Grasse
Remove Chief Co-Sponsor Rep. Daniel J. Ugaste
Placed on Calendar 2nd Reading - Short Debate
Added Co-Sponsor Rep. Janet Yang Rohr
Added Co-Sponsor Rep. Emanuel "Chris" Welch
Second Reading - Short Debate
Placed on Calendar Order of 3rd Reading - Short Debate
Added Co-Sponsor Rep. Martha Deuter
Third Reading - Short Debate - Passed 106-000-000
Added Co-Sponsor Rep. Kevin Schmidt
Added Co-Sponsor Rep. Michael Crawford
Added Co-Sponsor Rep. Rick Ryan
Added Co-Sponsor Rep. Gregg Johnson
Added Co-Sponsor Rep. Matt Hanson
Added Co-Sponsor Rep. Maurice A. West, II
Added Co-Sponsor Rep. Dagmara Avelar
Added Co-Sponsor Rep. Kimberly Du Buclet
Added Co-Sponsor Rep. Sharon Chung
Added Co-Sponsor Rep. Debbie Meyers-Martin
Added Co-Sponsor Rep. Suzanne M. Ness
Removed Co-Sponsor Rep. Kevin Schmidt
Arrive in Senate
Placed on Calendar Order of First Reading April 9, 2025
Added Co-Sponsor Rep. Joyce Mason
Chief Senate Sponsor Sen. Cristina Castro
First Reading
Referred to Assignments
Added as Alternate Co-Sponsor Sen. David Koehler
Added Co-Sponsor Rep. Hoan Huynh
Assigned to Executive
Alternate Chief Sponsor Changed to Sen. Don Harmon
Rule 2-10 Committee Deadline Established As May 23, 2025
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon
Senate Committee Amendment No. 1 Referred to Assignments
Senate Committee Amendment No. 1 Assignments Refers to Executive
Senate Committee Amendment No. 1 Adopted
Do Pass as Amended Executive; 009-004-000
Second Reading
Placed on Calendar Order of 3rd Reading May 20, 2025
Rule 2-10 Third Reading/Passage Deadline Established As June 1, 2025
Rule 3-9(a) / Re-referred to Assignments
Approved for Consideration Assignments
Placed on Calendar Order of 3rd Reading October 15, 2025
Added as Alternate Co-Sponsor Sen. Laura Fine
Senate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon
Senate Floor Amendment No. 2 Referred to Assignments
Added Co-Sponsor Rep. Barbara Hernandez
Senate Floor Amendment No. 3 Filed with Secretary by Sen. Don Harmon
Senate Floor Amendment No. 3 Referred to Assignments
Senate Floor Amendment No. 2 Be Approved for Consideration Assignments
Senate Floor Amendment No. 3 Be Approved for Consideration Assignments
Senate Floor Amendment No. 4 Filed with Secretary by Sen. Don Harmon
Senate Floor Amendment No. 4 Referred to Assignments
Senate Floor Amendment No. 5 Filed with Secretary by Sen. Don Harmon
Senate Floor Amendment No. 5 Referred to Assignments
Senate Floor Amendment No. 5 Be Approved for Consideration Assignments
Recalled to Second Reading
Senate Floor Amendment No. 2 Adopted; Harmon
Senate Floor Amendment No. 3 Withdrawn by Sen. Don Harmon
Senate Floor Amendment No. 5 Adopted; Harmon
Placed on Calendar Order of 3rd Reading
3/5 Vote Required
Third Reading - Passed; 040-018-000
Senate Floor Amendment No. 4 Tabled Pursuant to Rule 5-4(a)
Added as Alternate Co-Sponsor Sen. Laura M. Murphy
Added as Alternate Co-Sponsor Sen. Adriane L. Johnson
Added as Alternate Co-Sponsor Sen. Mary Edly-Allen
Added as Alternate Co-Sponsor Sen. Rachel Ventura
Added as Alternate Co-Sponsor Sen. Willie Preston
Added as Alternate Co-Sponsor Sen. Robert Peters
Added as Alternate Co-Sponsor Sen. Patrick J. Joyce
Added as Alternate Co-Sponsor Sen. Mark L. Walker
Added as Alternate Co-Sponsor Sen. Mike Porfirio
Added as Alternate Co-Sponsor Sen. Elgie R. Sims, Jr.
Added as Alternate Co-Sponsor Sen. Mattie Hunter
Added as Alternate Co-Sponsor Sen. Steve Stadelman
Added as Alternate Co-Sponsor Sen. Mike Simmons
Added as Alternate Co-Sponsor Sen. Sara Feigenholtz
Added as Alternate Co-Sponsor Sen. Michael E. Hastings
Added as Alternate Co-Sponsor Sen. Robert F. Martwick
Added as Alternate Co-Sponsor Sen. Julie A. Morrison
Added as Alternate Co-Sponsor Sen. Linda Holmes
Added as Alternate Co-Sponsor Sen. Laura Ellman
Added as Alternate Co-Sponsor Sen. Kimberly A. Lightford
Added as Alternate Co-Sponsor Sen. Emil Jones, III
Added as Alternate Co-Sponsor Sen. Michael W. Halpin
Removed Co-Sponsor Rep. Debbie Meyers-Martin
Removed Co-Sponsor Rep. Suzanne M. Ness
Removed Co-Sponsor Rep. Joyce Mason
Removed Co-Sponsor Rep. Hoan Huynh
Removed Co-Sponsor Rep. Gregg Johnson
Removed Co-Sponsor Rep. Matt Hanson
Removed Co-Sponsor Rep. Maurice A. West, II
Removed Co-Sponsor Rep. Dagmara Avelar
Removed Co-Sponsor Rep. Kimberly Du Buclet
Removed Co-Sponsor Rep. Sharon Chung
Removed Co-Sponsor Rep. Martha Deuter
Removed Co-Sponsor Rep. Michael Crawford
Removed Co-Sponsor Rep. Rick Ryan
Remove Chief Co-Sponsor Rep. Stephanie A. Kifowit
Removed Co-Sponsor Rep. Diane Blair-Sherlock
Removed Co-Sponsor Rep. Nicolle Grasse
Removed Co-Sponsor Rep. Janet Yang Rohr
Chief Sponsor Changed to Rep. Emanuel "Chris" Welch
Removed Co-Sponsor Rep. Emanuel "Chris" Welch
Arrived in House
Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2, 5
Added as Alternate Co-Sponsor Sen. Bill Cunningham
Added as Alternate Co-Sponsor Sen. Napoleon Harris III
Added as Alternate Chief Co-Sponsor Sen. Omar Aquino
Added as Alternate Chief Co-Sponsor Sen. Celina Villanueva
Added as Alternate Chief Co-Sponsor Sen. Karina Villa
Added as Alternate Chief Co-Sponsor Sen. Graciela Guzmán
Added as Alternate Co-Sponsor Sen. Cristina Castro
Added as Alternate Co-Sponsor Sen. Javier L. Cervantes
Senate Committee Amendment No. 1 Motion Filed Concur Rep. Emanuel "Chris" Welch
Senate Floor Amendment No. 2 Motion Filed Concur Rep. Emanuel "Chris" Welch
Senate Floor Amendment No. 5 Motion Filed Concur Rep. Emanuel "Chris" Welch
Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
Senate Floor Amendment No. 5 Motion to Concur Referred to Rules Committee
Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-002-000
Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 003-002-000
Senate Floor Amendment No. 5 Motion to Concur Recommends Be Adopted Rules Committee; 003-002-000
Added Co-Sponsor Rep. Michael Crawford
Added Co-Sponsor Rep. Tracy Katz Muhl
Added Co-Sponsor Rep. Nicolle Grasse
Added Co-Sponsor Rep. Nabeela Syed
Added Co-Sponsor Rep. Lisa Davis
Added Co-Sponsor Rep. Yolonda Morris
Added Co-Sponsor Rep. Carol Ammons
Motion Filed to Suspend House Rule(s) for Immediate Consideration Rep. Ann M. Williams
Motion Prevailed 073-033-000
Added Co-Sponsor Rep. Jaime M. Andrade, Jr.
Added Co-Sponsor Rep. Ann M. Williams
Added Co-Sponsor Rep. Elizabeth "Lisa" Hernandez
Added Co-Sponsor Rep. Theresa Mah
Added Co-Sponsor Rep. Harry Benton
Added Co-Sponsor Rep. Daniel Didech
Added Co-Sponsor Rep. Aarón M. Ortíz
Added Co-Sponsor Rep. Kimberly Du Buclet
Added Co-Sponsor Rep. Janet Yang Rohr
Added Co-Sponsor Rep. Bob Morgan
Added Co-Sponsor Rep. Jennifer Gong-Gershowitz
Added Co-Sponsor Rep. Robyn Gabel
Added Co-Sponsor Rep. Will Guzzardi
Added Co-Sponsor Rep. Kelly M. Cassidy
Added Co-Sponsor Rep. Michelle Mussman
Added Co-Sponsor Rep. Martha Deuter
Added Co-Sponsor Rep. Margaret Croke
Added Co-Sponsor Rep. Camille Y. Lilly
Added Co-Sponsor Rep. Suzanne M. Ness
Added Co-Sponsor Rep. Stephanie A. Kifowit
3/5 Vote Required
Senate Committee Amendment No. 1 House Concurs 075-032-000
Senate Floor Amendment No. 2 House Concurs 075-032-000
Senate Floor Amendment No. 5 House Concurs 075-032-000
House Concurs
Motion Filed to Reconsider Vote Rep. Ann M. Williams
Added Chief Co-Sponsor Rep. Norma Hernandez
Added Chief Co-Sponsor Rep. Dagmara Avelar
Added Chief Co-Sponsor Rep. Aarón M. Ortíz
Added Chief Co-Sponsor Rep. Lilian Jiménez
Removed Co-Sponsor Rep. Aarón M. Ortíz
Added Co-Sponsor Rep. Lindsey LaPointe
Added Co-Sponsor Rep. Eva-Dina Delgado
Added Co-Sponsor Rep. Edgar González, Jr.
Added Co-Sponsor Rep. Michael J. Kelly
Added Co-Sponsor Rep. Katie Stuart
Added Co-Sponsor Rep. Rita Mayfield
Added Co-Sponsor Rep. Abdelnasser Rashid
Added Co-Sponsor Rep. Anna Moeller
Added Co-Sponsor Rep. Matt Hanson
Added Co-Sponsor Rep. Mary Beth Canty
Added Co-Sponsor Rep. Diane Blair-Sherlock
Added Co-Sponsor Rep. Laura Faver Dias
Added Co-Sponsor Rep. Maura Hirschauer
Added Co-Sponsor Rep. Kevin John Olickal
Added Co-Sponsor Rep. Anne Stava
Added Co-Sponsor Rep. Margaret A. DeLaRosa
Added Co-Sponsor Rep. Justin Slaughter
Added Co-Sponsor Rep. Sue Scherer
Added Co-Sponsor Rep. Amy Briel
Added Co-Sponsor Rep. Hoan Huynh
Added Co-Sponsor Rep. Angelica Guerrero-Cuellar
Motion to Reconsider Vote - Withdrawn Rep. Ann M. Williams
Passed Both Houses
Added as Alternate Co-Sponsor Sen. Ram Villivalam
Sent to the Governor
Governor Approved
Effective Date December 9, 2025
Public Act . . . . . . . . . 104-0440
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