Illinois Compiled Statutes
745 ILCS 70/12 (2026)
Actions; damages
✓ current as of May 2026
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(745 ILCS 70/12)
(from Ch. 111 1/2, par. 5312)
Sec. 12.
Actions; damages.
Any person, association, corporation, entity
or health care
facility injured by any public or private person, association, agency,
entity or corporation by reason of any action prohibited by this Act may
commence a suit therefor, and shall
recover threefold the actual damages, including pain and suffering,
sustained by such person, association, corporation, entity or health care
facility, the costs of the suit and reasonable attorney's fees; but in
no case shall recovery be less than $2,500 for each violation in
addition to costs of the suit and reasonable attorney's fees. These
damage remedies shall be cumulative, and not exclusive of other remedies
afforded under any other state or federal law.
(Source: P.A. 90-246, eff. 1-1-98.)
Notes of Decisions
Cited in 11
cases (4 in the last 5 years), 1995–2023 · leading case: Morr-Fitz, Inc. v. Blagojevich, 901 N.E.2d 373 (Ill. 2008).
Morr-Fitz, Inc. v. Blagojevich, 901 N.E.2d 373 (Ill. 2008). “Moreover, the Conscience Act and the Religious Freedom Act on which plaintiffs' claims are based expressly authorize plaintiffs *389 to seek judicial relief from the courts when their rights are burdened by government action.”
Yang v. City of Chicago, 745 N.E.2d 541 (Ill. 2001). “2(c) (West 1998); 735 ILCS 5/2 — 203(c) (West 1998); 740 ILCS 10/7(2) (West 1998); 740 ILCS 110/15 (West 1998); 745 ILCS 70/12 (West 1998); 775 ILCS 5/8B — 104 (West 1998); 815 ILCS 505/2W (West 1998); 815 ILCS 602/5 — 120 (West 1998); 815 ILCS 605/11 (West 1998); 815 ILCS…”
Lenz v. Advocate Health & Hospitals Corp., 2023 IL App (1st) 230740 (Ill. App. Ct. 2023). “1-23-0740 person in any manner because of that person’s conscience refusal to receive health care services contrary to her conscience, and that section 12 of the Act (745 ILCS 70/12 (West 2020)) provides for a private right of action against any entity or health care facility…”
Cohen v. Smith, 648 N.E.2d 329 (Ill. App. Ct. 1995). “” 745 ILCS 70/12 (West 1992). It is true, as the defendants argue, that the only case on the Act cited by plaintiffs states that the Act protects sincerely held "moral convictions arising from what are traditionally characterized as religious beliefs.”
Morr-Fitz, Inc. v. Blagojevich, 867 N.E.2d 1164 (Ill. App. Ct. 2007). “745 ILCS 70/12 (West 2004). I would find plaintiffs have stated a compelling case under the Right of Conscience Act, one that is worthy of and ripe for consideration.”
Rojas v. Martell, 2023 IL App (4th) 220222-U (Ill. App. Ct. 2023). “As a result, the court awarded plaintiff $2500 as the statutorily required minimum recovery for a violation of the Act (745 ILCS 70/12 (West 2016)), $367,737.33 in attorney fees, and $7890.”
Goodrich v. Good Samaritan Reg'l Health Ctr., 2023 IL App (5th) 220510-U (Ill. App. Ct. 2023). “Count I sought damages pursuant to the Health Care Right of Conscience Act (Act) (745 ILCS 70/12 (Wets 2020)). The plaintiff alleged the Act “protects ‘all persons who refuse to 2 obtain, receive or accept .”
Doe 1 v. Northshore Univ. Healthsystem (N.D. Ill. 2021). “See 745 ILCS 70/12 (“Actions; damages”). More specifically, the Conscience Act establishes a $2,500 floor for damages (before accounting for the suit’s costs and attorneys’ fees).”
Yang v. City of Chicago (Ill. 2001). “2(c) (West 1998); 735 ILCS 5/2–203(c) (West 1998); 740 ILCS 10/7(2) (West 1998); 740 ILCS 110/15 (West 1998); 745 ILCS 70/12 (West 1998); 775 ILCS 5/8B–104 (West 1998); 815 ILCS 505/2W (West 1998); 815 ILCS 602/5–120 (West 1998); 815 ILCS 605/11 (West 1998); 815 ILCS 615/45…”
Morr-Fitz, Inc. v. Blagojevich (Ill. 2008). “See 745 ILCS 70/12 (West 2006); 775 ILCS 35/20 (West 2006).”
Morr-Fitz, Inc. v. Blagojevich (Ill. App. Ct. 2007). “745 ILCS 70/12 (West 2004). I would find plaintiffs have stated a compelling case under the Right of Conscience Act, one that is worthy of and ripe for consideration.”
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