Illinois Compiled Statutes
20 ILCS 3305/15 (2026)
Immunity
✓ current as of May 2026
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(20 ILCS 3305/15)
(from Ch. 127, par. 1065)
Sec. 15.
Immunity.
Neither the State,
any political subdivision of the State, nor, except in cases
of gross negligence or willful misconduct, the Governor, the Director,
the Principal Executive Officer of a political subdivision, or the agents,
employees, or representatives of any of them,
engaged in any emergency management response or recovery
activities, while complying with or attempting to comply with this Act
or any rule or regulations promulgated pursuant to this Act is liable
for the death of or any injury to persons, or damage to property, as a
result of such activity. This Section does not, however, apply to
political subdivisions and principal executive officers required to
maintain emergency services and disaster agencies that are not in
compliance with Section 10 of this Act, notwithstanding provisions of any
other laws. This Section does not, however, affect the
right of any person to receive benefits to which he or she would otherwise
be
entitled under this Act under the Workers' Compensation Act or the
Workers' Occupational Diseases Act, or under any pension law, and this
Section does not affect the right of any such person to receive any
benefits or compensation under any Act of Congress.
(Source: P.A. 92-73, eff. 1-1-02.)
Notes of Decisions
Cited in 5
cases (5 in the last 5 years), 2021–2024 · leading case: James v. Geneva Nursing & Rehab. Ctr., LLC, 2024 IL 130042 (Ill. 2024).
James v. Geneva Nursing & Rehab. Ctr., LLC, 2023 IL App (2d) 220180 (Ill. App. Ct. 2023). “2020-19 provided as follows: “Pursuant to Sections 15 and 21(b)-(c) of [the Act], 20 ILCS 3305/15 and 21(b)-(c), I direct that during the pendency of the Gubernatorial Disaster Proclamation, Health Care Facilities -3- 2023 IL App (2d) 220180 *** shall be immune from civil…”
James v. Geneva Nursing & Rehab. Ctr., LLC, 2024 IL 130042 (Ill. 2024). “Section 3 of the executive order provided immunity as follows, “Pursuant to Sections 15 and 21(b)-(c) of the [Act], 20 ILCS 3305/15 and 21(b)- (c), I direct that during the pendency of the Gubernatorial Disaster Proclamation, Health Care Facilities, as defined in Section 1 of…”
Claybon v. SSC Westchester Operating Co. LLC (N.D. Ill. 2021). “omission by the Health Care Facility, which injury or death occurred at a time when a Health Care Facility was engaged in the course of rendering assistance to the State by providing health care services in response to the COVID-19 outbreak, unless it is established that such…”
Walsh v. SSC Westchester Operating Co., LLC (N.D. Ill. 2021). “The governor’s executive order excepts from liability injuries caused by “gross negligence or willful misconduct … if 20 ILCS 3305/15 is applicable” or “willful misconduct, if 20 ILCS 3305/21 is applicable.”
Brady v. SSC Westchester Operating Co. LLC (N.D. Ill. 2021). “The governor’s executive order excepts from liability injuries caused by “gross negligence or willful misconduct … if 20 ILCS 3305/15 is applicable” or “willful misconduct, if 20 ILCS 3305/21 is applicable.”
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