Public Act 093-0750
 		





SB2946 Enrolled
LRB093 19269 LCB 45004 b






    AN ACT concerning civil rights. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 5. The Illinois Civil Rights Act of 2003 is amended  
by changing Section 5 as follows:
 



    (740 ILCS 23/5)


    Sec. 5. Discrimination prohibited. 

    (a) No unit of State, county, or local government in 
Illinois shall:


        (1) exclude a person from participation in, deny a 
    person the benefits of,
    or subject a person to 
    discrimination under any program or activity on the
grounds

    of that person's race, color, or national origin; or


        (2) utilize criteria or methods of administration that 
    have the effect of
subjecting individuals to 
    discrimination because of their race, color, or
national

    origin.

    (b) Any party aggrieved by conduct that violates subsection 
(a) may bring a
civil lawsuit, in a federal district court or 
State circuit court, against the offending unit of
government. 
Any State claim brought in federal district court shall be a 
supplemental claim to a federal claim. This lawsuit must be 
brought not later than 2 years after the
violation of 
subsection (a). If the court finds that a violation of 
paragraph
(1) or (2) of subsection (a) has occurred,  the court 
may award to the plaintiff
actual and punitive damages and if 
the court finds that a violation of
paragraph (2) of subsection 
(a) has occurred, the court may award to the
plaintiff actual 
damages. The court, as it deems appropriate, may grant as

relief any permanent or preliminary negative or mandatory 
injunction, temporary restraining order, or
other order, 
including an order enjoining the defendant from engaging in the

violation of subsection (a) or mandating affirmative action.

    (c) Upon motion, a court shall award reasonable attorneys' 
fees and costs,
including expert witness fees and other 
litigation expenses, to a plaintiff who
is a prevailing party 
in any action brought:


        (1) pursuant to subsection (b); or


        (2) to enforce a right arising under the Illinois 
    Constitution.

    In awarding reasonable attorneys' fees, the court shall 
consider the degree
to which the relief obtained relates to the 
relief sought.

    (d) For the purpose of this Act, the term "prevailing 
party" includes any
party:


        (1) who obtains some of his or her requested relief 
    through a judicial
judgment in his or her favor;


        (2) who obtains some of his or her requested relief 
    through any settlement
agreement approved by the court; or


        (3) whose pursuit of a non-frivolous claim was a 
    catalyst for a unilateral
change in position by the 
    opposing party relative to the relief sought.

(Source: P.A. 93-425, eff. 1-1-04.)