HB 3736 Illinois House · 104th Regular Session

CRIM CD-OBSCENITY CIVIL ACTION

Summary
Amends the Criminal Code of 2012. Provides that any person who is harmed by the unlawful sale, distribution, promotion, or exhibition of obscene material may bring a civil action against the individual or entity responsible for the violation. Provides that the prevailing plaintiff in a civil action under this provision may be entitled to compensatory damages for actual damages suffered as a result of the obscenity violation. Provides that, in addition to compensatory damages, the plaintiff may recover punitive damages as determined by the court. Provides that damages shall not exceed $10,000,000 for each count in the civil action, with each separate instance of unlawful sale, distribution, promotion, or exhibition of obscene material constituting a separate count. Provides that a civil action for obscenity violations under this provision must be brought within 5 years of the discovery of the violation or the harm caused by the violation. Provides that, in any successful civil action, the plaintiff may be entitled to recover reasonable attorney's fees in addition to the damages awarded. Provides that a court may grant injunctive relief to prevent further violations of this provision, including the cessation of the sale, distribution, or exhibition of obscene material by the defendant. Provides that the civil action may be brought in the county where the defendant resides, where the unlawful sale, distribution, promotion, or exhibition occurred, or where the plaintiff resides, if applicable.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 7, 2025 Last action Mar 21, 2025
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Full legislative history

Actions timeline

Total actions
5
Key actions
0
Committee
3
Mar 21, 2025
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Mar 11, 2025
Committee
Assigned to Judiciary - Civil Committee
lower
Feb 18, 2025
Committee
Referred to Rules Committee
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Bob Rita
Bob Rita
DDemocratic
IL
28