Chapter 745 — CIVIL IMMUNITIES

(745 ILCS 5/0.01) (from Ch. 127, par. 800) Sec. 0.01. Short title. This Act may be cited as the State Lawsuit Immunity Act. (Source: P.A. 86-1324.)

(745 ILCS 5/1) (from Ch. 127, par. 801) Sec. 1. Except as provided in the Illinois Public Labor Relations Act, the Court of Claims Act, the State Officials and Employees Ethics Act, and Section 1.5 of this Act, the State of Illinois shall not be made a defendant or party in any c…

(745 ILCS 5/1.5) Sec. 1.5. Exceptions; State employees. (a) An employee, former employee, or prospective employee of the State who is aggrieved by any conduct or action or inaction of the State that would constitute a violation of the Age Discrimination in Employment Act of 1967,…

(745 ILCS 10/1-101) (from Ch. 85, par. 1-101) Sec. 1-101. This Act shall be known and may be cited as the "Local Governmental and Governmental Employees Tort Immunity Act". (Source: Laws 1965, p. 2983.)

(745 ILCS 10/1-101.1) (from Ch. 85, par. 1-101.1) Sec. 1-101.1. (a) The purpose of this Act is to protect local public entities and public employees from liability arising from the operation of government. It grants only immunities and defenses. (b) Any defense or immunity, commo…

(745 ILCS 10/1-102) (from Ch. 85, par. 1-102) Sec. 1-102. If any provision or clause of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect witho…

(745 ILCS 10/1-201) (from Ch. 85, par. 1-201) Sec. 1-201. Unless the context otherwise requires, words and terms used in this Act have the meanings ascribed to them in the following sections of this Part 2. (Source: Laws 1965, p. 2983.)

(745 ILCS 10/1-202) (from Ch. 85, par. 1-202) Sec. 1-202. "Employee" includes a present or former officer, member of a board, commission or committee, agent, volunteer, servant or employee, whether or not compensated, but does not include an independent contractor. (Source: P.A. …

(745 ILCS 10/1-203) (from Ch. 85, par. 1-203) Sec. 1-203. "Enactment" means a constitutional provision, statute, ordinance or regulation. (Source: Laws 1965, p. 2983.)

(745 ILCS 10/1-204) (from Ch. 85, par. 1-204) Sec. 1-204. "Injury" means death, injury to a person, or damage to or loss of property. It includes any other injury that a person may suffer to his person, reputation, character or estate which does not result from circumstances in w…

(745 ILCS 10/1-205) (from Ch. 85, par. 1-205) Sec. 1-205. "Law" includes not only enactments but also the case law applicable within this State as determined and declared from time to time by the courts of review of this State and of the United States. (Source: Laws 1965, p. 2983…

(745 ILCS 10/1-206) (from Ch. 85, par. 1-206) Sec. 1-206. "Local public entity" includes a county, township, municipality, municipal corporation, school district, school board, educational service region, regional board of school trustees, trustees of schools of townships, treasu…

(745 ILCS 10/1-207) (from Ch. 85, par. 1-207) Sec. 1-207. "Public Employee" means an employee of a local public entity. (Source: Laws 1965, p. 2983.)

(745 ILCS 10/1-208) (from Ch. 85, par. 1-208) Sec. 1-208. "Regulation" means a rule, regulation, order or standard, having the force of law, adopted by an employee or agency of the United States, of the State of Illinois, or of a local public entity pursuant to authority vested b…

(745 ILCS 10/1-209) (from Ch. 85, par. 1-209) Sec. 1-209. "Statute" means an act adopted by the General Assembly of this State or by the Congress of the United States. (Source: Laws 1965, p. 2983.)

(745 ILCS 10/1-210) (from Ch. 85, par. 1-210) Sec. 1-210. "Willful and wanton conduct" as used in this Act means a course of action which shows an actual or deliberate intention to cause harm or which, if not intentional, shows an utter indifference to or conscious disregard for …

(745 ILCS 10/10-101) (from Ch. 85, par. 10-101) Sec. 10-101. The following Acts and parts of Acts are repealed: Sections 1-4-1, 1-4-2, 1-4-3, of the "Illinois Municipal Code", approved May 29, 1961, as amended; Section 3a, (Immunity) as added by House Bill No. 1640 of the Seventy…

(745 ILCS 10/2-101) (from Ch. 85, par. 2-101) (Text of Section before amendment by P.A. 104-457) Sec. 2-101. Nothing in this Act affects the right to obtain relief other than damages against a local public entity or public employee. Nothing in this Act affects the liability, if a…

(745 ILCS 10/2-102) (from Ch. 85, par. 2-102) Sec. 2-102. Notwithstanding any other provision of law, a local public entity is not liable to pay punitive or exemplary damages in any action brought directly or indirectly against it by the injured party or a third party. In additio…

(745 ILCS 10/2-103) (from Ch. 85, par. 2-103) Sec. 2-103. A local public entity is not liable for an injury caused by adopting or failing to adopt an enactment or by failing to enforce any law. (Source: Laws 1965, p. 2983.)

(745 ILCS 10/2-104) (from Ch. 85, par. 2-104) Sec. 2-104. A local public entity is not liable for an injury caused by the issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, ord…

(745 ILCS 10/2-105) (from Ch. 85, par. 2-105) Sec. 2-105. A local public entity is not liable for injury caused by its failure to make an inspection, or by reason of making an inadequate or negligent inspection, of any property, other than its own, to determine whether the proper…

(745 ILCS 10/2-106) (from Ch. 85, par. 2-106) Sec. 2-106. A local public entity is not liable for an injury caused by an oral promise or misrepresentation of its employee, whether or not such promise or misrepresentation is negligent or intentional. (Source: Laws 1965, p. 2983.)…

(745 ILCS 10/2-107) (from Ch. 85, par. 2-107) Sec. 2-107. A local public entity is not liable for injury caused by any action of its employees that is libelous or slanderous or for the provision of information either orally, in writing, by computer or any other electronic transmi…

(745 ILCS 10/2-108) (from Ch. 85, par. 2-108) Sec. 2-108. A local public entity is not liable for any injury caused by the granting, or failure to grant, public welfare goods or monies. (Source: Laws 1965, p. 2983.)

(745 ILCS 10/2-109) (from Ch. 85, par. 2-109) Sec. 2-109. A local public entity is not liable for an injury resulting from an act or omission of its employee where the employee is not liable. (Source: Laws 1965, p. 2983.)

(745 ILCS 10/2-110) Sec. 2-110. (Repealed). (Source: Repealed by P.A. 84-1431, eff. 8-13-65.)

(745 ILCS 10/2-111) (from Ch. 85, par. 2-111) Sec. 2-111. Nothing contained herein shall operate to deprive any public entity of any defense heretofore existing and not described herein. (Source: Laws 1965, p. 2983.)

(745 ILCS 10/2-201) (from Ch. 85, par. 2-201) Sec. 2-201. Except as otherwise provided by Statute, a public employee serving in a position involving the determination of policy or the exercise of discretion is not liable for an injury resulting from his act or omission in determi…

(745 ILCS 10/2-202) (from Ch. 85, par. 2-202) Sec. 2-202. A public employee is not liable for his act or omission in the execution or enforcement of any law unless such act or omission constitutes willful and wanton conduct. (Source: P.A. 84-1431.)

(745 ILCS 10/2-203) (from Ch. 85, par. 2-203) Sec. 2-203. If a public employee acts in good faith, without malice, and under the apparent authority of an enactment that is unconstitutional, invalid or inapplicable, he is not liable for any injury caused thereby except to the exte…

(745 ILCS 10/2-204) (from Ch. 85, par. 2-204) Sec. 2-204. Except as otherwise provided by statute, a public employee, as such and acting within the scope of his employment, is not liable for an injury caused by the act or omission of another person. (Source: Laws 1965, p. 2983.)…

(745 ILCS 10/2-205) (from Ch. 85, par. 2-205) Sec. 2-205. A public employee is not liable for an injury caused by his adoption of, or failure to adopt, an enactment, or by his failure to enforce any law. (Source: Laws 1965, p. 2983.)

(745 ILCS 10/2-206) (from Ch. 85, par. 2-206) Sec. 2-206. A public employee is not liable for an injury caused by his issuance, denial, suspension or revocation of or by his failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order or…

(745 ILCS 10/2-207) (from Ch. 85, par. 2-207) Sec. 2-207. A public employee is not liable for an injury caused by his failure to make an inspection, or by reason of making an inadequate or negligent inspection, of any property, other than that of the local public entity employing…

(745 ILCS 10/2-208) (from Ch. 85, par. 2-208) Sec. 2-208. A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment, unless he acts maliciously and without probable cause. (Sour…

(745 ILCS 10/2-209) (from Ch. 85, par. 2-209) Sec. 2-209. A public employee is not liable for an injury arising out of his entry upon any property where such entry is expressly or impliedly authorized by law. (Source: Laws 1965, p. 2983.)

(745 ILCS 10/2-210) (from Ch. 85, par. 2-210) Sec. 2-210. A public employee acting in the scope of his employment is not liable for an injury caused by his negligent misrepresentation or the provision of information either orally, in writing, by computer or any other electronic t…

(745 ILCS 10/2-211) (from Ch. 85, par. 2-211) Sec. 2-211. A public employee is not liable for an injury caused by the organization, maintenance or operation of a school safety patrol as authorized by Section 10-22.28 of "The School Code", approved March 18, 1961, as heretofore or…

(745 ILCS 10/2-212) (from Ch. 85, par. 2-212) Sec. 2-212. The provisions of this Part 2 which define or limit the liability of a public employee in terms of his doing of an act or of his failure to act apply to public employees who function jointly, in conjunction or in collabora…

(745 ILCS 10/2-213) (from Ch. 85, par. 2-213) Sec. 2-213. Notwithstanding any other provision of law, a public employee is not liable to pay punitive or exemplary damages in actions brought against the employee based on an injury allegedly arising out of an act or omission occurr…

(745 ILCS 10/2-214) Sec. 2-214. Court volunteer. (a) In this Section, "volunteer" means a person performing uncompensated services for a court pursuant to a court order, under a program certified by the Chief Judge of the circuit as a court volunteer program. (b) A volunteer is n…

(745 ILCS 10/2-301) (from Ch. 85, par. 2-301) Sec. 2-301. Nothing in this Part 3 relieves a local public entity of its duty to indemnify or insure its employees as provided in Sections 1-4-5 and 1-4-6 of the Illinois Municipal Code, Sections 10-20.20 and 34-18.1 of The School Cod…

(745 ILCS 10/2-302) (from Ch. 85, par. 2-302) Sec. 2-302. If any claim or action is instituted against an employee of a local public entity based on an injury allegedly arising out of an act or omission occurring within the scope of his employment as such employee, the entity may…

(745 ILCS 10/3-101) (from Ch. 85, par. 3-101) Sec. 3-101. As used in this Article unless the context otherwise requires "property of a local public entity" and "public property" mean real or personal property owned or leased by a local public entity, but do not include easements,…

(745 ILCS 10/3-102) (from Ch. 85, par. 3-102) Sec. 3-102. (a) Except as otherwise provided in this Article, a local public entity has the duty to exercise ordinary care to maintain its property in a reasonably safe condition for the use in the exercise of ordinary care of people …

(745 ILCS 10/3-103) (from Ch. 85, par. 3-103) Sec. 3-103. (a) A local public entity is not liable under this Article for an injury caused by the adoption of a plan or design of a construction of, or an improvement to public property where the plan or design has been approved in a…

(745 ILCS 10/3-104) (from Ch. 85, par. 3-104) Sec. 3-104. Neither a local public entity nor a public employee is liable under this Act for an injury caused by the failure to initially provide regulatory traffic control devices, stop signs, yield right-of-way signs, speed restrict…

(745 ILCS 10/3-105) (from Ch. 85, par. 3-105) Sec. 3-105. (a) Neither a local public entity nor a public employee is liable for an injury caused by the effect of weather conditions as such on the use of streets, highways, alleys, sidewalks or other public ways, or places, or the …

(745 ILCS 10/3-106) (from Ch. 85, par. 3-106) Sec. 3-106. Neither a local public entity nor a public employee is liable for an injury where the liability is based on the existence of a condition of any public property intended or permitted to be used for recreational purposes, in…