The recovery of the penalties shall be no bar to a civil action for damages.
10-134.No bar to civil damages.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-134 makes clear that recovering the pecuniary penalties under Article X doesn't stop the injured party from also bringing a separate civil action for damages.
Full Text of 735 ILCS 5/10-134
Plain-English Summary
Section 10-134 is a single, short clarifying sentence: the recovery of the penalties described elsewhere in Article X shall be no bar to a civil action for damages. The forfeitures Section 10-133 arranges to recover and the possibility of a separate damages suit exist side by side, rather than one displacing the other.
Without this clarification, a party who paid the statutory forfeiture might argue that payment satisfied all liability arising from the wrongful confinement or the violation of Article X's protections. Section 10-134 forecloses that argument directly.
Frequently Asked Questions
What does Section 10-134 clarify about the Article X penalties?
That recovering them doesn't bar a separate civil action for damages.
Are the statutory forfeitures and a civil damages action mutually exclusive?
No. Both remedies remain available under Section 10-134.
Who recovers the forfeitures described elsewhere in Article X, and who could bring a separate damages suit?
Section 10-133 has the Attorney General or State's Attorney recover the forfeiture, while the affected party could separately pursue a civil action for damages.
Is Section 10-134 a lengthy or detailed provision?
No. It's a single short sentence stating the rule.
Why would this clarification matter to someone wronged under Article X?
Without it, a defendant might argue that paying the statutory forfeiture satisfies all liability, and Section 10-134 rules that argument out.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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