2023 Illinois Compiled Statutes › Chapter 745 - CIVIL IMMUNITIES › 745 ILCS 10/ - Local Governmental and Governmental Employees Tort Immunity Act. › Article II - General Provisions Relating To Immunity

(745 ILCS 10/Art. II heading)
ARTICLE II  
		- GENERAL PROVISIONS RELATING TO IMMUNITY
(745 ILCS 10/Art. II Pt.1 heading)
PART 1.  
		IMMUNITY OF LOCAL PUBLIC ENTITIES
(745 ILCS 10/2-101) (from Ch. 85, par. 2-101)
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 any, of a local public
entity or public employee, based on:
a contract;
b operation as a common carrier; and this Act does not apply to any
entity organized under or subject to the "Metropolitan Transit Authority
Act", approved April 12, 1945, as amended;
c The "Workers' Compensation Act", approved July 9, 1951, as
heretofore or hereafter amended;
d The "Workers' Occupational Diseases Act", approved July 9, 1951,
as heretofore or hereafter amended;
e Section 1-4-7 of the "Illinois Municipal Code", approved May 29,
1961, as heretofore or hereafter amended.
f The "Illinois Uniform Conviction Information Act", enacted by the
85th General Assembly, as heretofore or hereafter amended.
(Source: P.A. 85-922.)
(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 addition, no public official
is liable to pay punitive or exemplary
damages in any action arising out of an act or omission made by the public
official while serving in an official executive, legislative, quasi-legislative
or quasi-judicial capacity, brought directly or indirectly against him by the
injured party or a third party.
(Source: P.A. 84-1431.)
(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, order or similar authorization where the entity or its employee
is authorized by enactment to determine whether or not such authorization
should be issued, denied, suspended or revoked.
(Source: Laws 1965, p. 2983.)
(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 property complies with or violates any enactment or contains or
constitutes a hazard to health or safety.
(Source: Laws 1965, p. 2983.)
(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 transmission, or in a book or other
form of library material.
(Source: P.A. 89-100, eff. 1-1-96.)
(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/Art. II Pt.2 heading)
PART 2.  
		IMMUNITY OF PUBLIC EMPLOYEES
(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 determining policy when acting in the exercise of such
discretion even though abused.
(Source: Laws 1965, p. 2983.)
(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 extent that he would have been liable had the enactment been
constitutional, valid and applicable.
(Source: Laws 1965, p. 2983.)
(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 similar authorization where he is authorized by
enactment to determine whether or not such authorization should be issued,
denied, suspended or revoked.
(Source: Laws 1965, p. 2983.)
(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 him, for the purpose of determining whether the property
complies with or violates any enactment or contains or constitutes a hazard
to health or safety.
(Source: Laws 1965, p. 2983.)
(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.
(Source: Laws 1965, p. 2983.)
(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 transmission, or in a book or other
form of library material.
(Source: P.A. 89-100, eff. 1-1-96.)
(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 hereafter amended.
(Source: Laws 1965, p. 2983.)
(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 collaboration with other public employees as well as
to those who function singly.
(Source: Laws 1965, p. 2983.)
(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
occurring within the scope of employment of such an employee serving in a
position involving the determination of policy or the exercise of discretion when the
injury is the result of an act or omission occurring in the performance of
any legislative, quasi-legislative or quasi-judicial function, even though abused.
(Source: P.A. 84-1431.)
(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 not liable for his or her act or omission in
performing volunteer services pursuant to a court order, under a program
certified by the Chief Judge of the circuit as a court volunteer program,
unless the act or
omission constitutes willful and wanton conduct.
(Source: P.A. 90-746, eff. 8-14-98.)
(745 ILCS 10/Art. II Pt.3 heading)
PART 3.  
		INDEMNIFICATION OF PUBLIC EMPLOYEES
(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 Code, in Sections 8-20 and 8-21 of The Park District Code, in
Sections 7.2 and 7.3 of "An Act in relation to the creation, maintenance,
operation and improvement of the Chicago Park District", approved July 10,
1933, in Section 5-1002 of the Counties Code, and in Section 22 of "An Act
in relation to the creation and management of forest preserve districts in
counties having a population of less than 3,000,000", approved June 27, 1913.
(Source: P.A. 86-1387.)
(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 elect to do any one or more of the following:
(a) appear and defend against the claim or action;
(b) indemnify the employee or former employee for his     court costs or reasonable attorney's fees, or both, incurred in the defense of such claim or action;
(c) pay, or indemnify the employee or former employee     for a judgment based on such claim or action; or
(d) pay, or indemnify the employee or former employee     for, a compromise or settlement of such a claim or action.
It is hereby declared to be the public policy of this State, however,
that no local public entity may elect to indemnify an employee
for any portion of a judgment representing an award of punitive or
exemplary damages.
If an employee of a local public entity is a defendant in any criminal action arising out of or incidental to the performance of his or her duties, the local public entity shall not provide representation for the employee in that criminal action. However, the local public entity may reimburse the employee for reasonable defense costs only if the criminal action was instituted against the employee based upon an act or omission of that employee arising out of and directly related to the lawful exercise of his or her official duty or under color of his or her authority and that action is dismissed or results in a final disposition in favor of that employee.
The provisions of indemnification, as set forth above, shall be justifiably refused by the local public entity if it is determined that there exists a current insurance policy or a contract, by virtue of which the employee is entitled to a defense of the action in question.
Nothing in this Act shall be construed to prohibit a local public entity from providing representation to an employee who is a witness in a criminal matter arising out of that employee's employment with the local government entity.
(Source: P.A. 99-461, eff. 1-1-17.)