Public Act 097-1032
 
SB3677 EnrolledLRB097 15867 AJO 61533 b


  
    AN ACT concerning human rights.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Human Rights Act is amended  by 
changing Section 10-104 as follows:
 
    (775 ILCS 5/10-104)
    Sec. 10-104. Circuit Court Actions by the Illinois Attorney 
General.
    (A)   Standing, venue, limitations on actions, preliminary 
investigations, notice, and Assurance of Voluntary Compliance.
        (1) Whenever the Illinois Attorney General has 
    reasonable cause to believe that any person or group of 
    persons is engaged in a pattern and practice of 
    discrimination prohibited by this Act, the Illinois 
    Attorney General may commence a civil action in the name of 
    the People of the State, as parens  patriae on behalf of 
    persons within the State to enforce the provisions of this 
    Act in any appropriate circuit court.  Venue for this civil 
    action shall be determined under paragraph (6) of 
    subsection (C) of Section 8-111(B)(6).  Such actions shall 
    be commenced no later than 2 years after the occurrence or 
    the termination of an alleged civil rights violation or the 
    breach of a conciliation agreement or Assurance of 
    Voluntary Compliance entered into under this Act, 
    whichever occurs last, to obtain relief with respect to the 
    alleged civil rights violation or breach.
        (2) Prior to initiating a civil action, the Attorney 
    General shall conduct a preliminary investigation to 
    determine whether there is reasonable cause to believe that 
    any person or group of persons is engaged in a pattern and 
    practice of discrimination declared unlawful by this Act 
    and whether the dispute can be resolved without litigation.  
    In conducting this investigation, the Attorney General 
    may:
            (a) require the individual or entity to file a 
        statement or report in writing under oath or otherwise, 
        as to all information the Attorney General may consider 
        necessary;
            (b) examine under oath any person alleged to have 
        participated in or with knowledge of  the alleged 
        pattern and practice violation; or
            (c) issue subpoenas or conduct hearings in aid of 
        any investigation.
        (3) Service by the Attorney General of any notice 
    requiring a person to file a statement or report, or of a 
    subpoena upon any person, shall be made:
            (a) personally by delivery of a duly executed copy 
        thereof to the person to be served or, if a person is 
        not a natural person, in the manner provided in the 
        Code of Civil Procedure when a complaint is filed; or
            (b) by mailing by certified mail a duly executed 
        copy thereof to the person to be served at his or her 
        last known abode or principal place of business within 
        this State.
        (4) In lieu of a civil action, the individual or entity 
    alleged to have engaged in a pattern or practice of 
    discrimination deemed violative of this Act  may enter into 
    an Assurance of Voluntary Compliance with respect to the 
    alleged pattern or practice violation.
        (5) The Illinois Attorney General may commence a civil 
    action under this subsection (A) whether or not a charge 
    has been filed under Sections 7A-102 or 7B-102 and without 
    regard to the status of any charge, however, if the 
    Department or local agency has obtained a conciliation or 
    settlement agreement or if the parties have entered into an 
    Assurance of Voluntary Compliance no action may be filed 
    under  this subsection (A) with respect to the alleged civil 
    rights violation practice that forms the basis for the 
    complaint except for the purpose of enforcing the terms of 
    the conciliation or settlement agreement or the terms of 
    the Assurance of Voluntary Compliance.
        (6) Subpoenas.
            (a) Petition for enforcement. Whenever any person 
        fails to comply with any subpoena issued under 
        paragraph (2) of this subsection (A), or whenever 
        satisfactory copying or reproduction of any material 
        requested in an investigation cannot be done and the 
        person refuses to surrender the material, the Attorney 
        General may file in any appropriate circuit court, and 
        serve upon the person, a petition for a court order for 
        the enforcement of the subpoena or other request. Venue 
        for this enforcement action shall be determined under 
        paragraph (C)(6) of Section 8-111.
            (b) Petition to modify or set aside a subpoena.
                (i) Any person who has received a subpoena 
            issued under paragraph (2) of this subsection (A) 
            may file in the appropriate circuit court, and 
            serve upon the Attorney General, a petition for a 
            court order to modify or set aside the subpoena or 
            other request. The petition must be filed either 
            (I) within 20 days after the date of service of the 
            subpoena or at any time before the return date 
            specified in the subpoena, whichever date is 
            earlier, or (II) within such longer period as may 
            be prescribed in writing by the Attorney General.
                (ii) The petition shall specify each ground 
            upon which the petitioner relies in seeking relief 
            under subdivision (i) and may be based upon any 
            failure of the subpoena to comply with the 
            provisions of this Section or upon any 
            constitutional or other legal right or privilege 
            of the petitioner. During the pendency of the 
            petition in the court, the court may stay, as it 
            deems proper, the running of the time allowed for 
            compliance with the subpoena or other request, in 
            whole or in part, except that the petitioner shall 
            comply with any portion of the subpoena or other 
            request not sought to be modified or set aside.
            (c) Jurisdiction. Whenever any petition is filed 
        in any circuit court under this paragraph (6), the 
        court shall have jurisdiction to hear and determine the 
        matter so presented and to enter such orders as may be 
        required to carry out the provisions of this Section. 
        Any final order so entered shall be subject to appeal 
        in the same manner as appeals of other final orders in 
        civil matters. Any disobedience of any final order 
        entered under this paragraph (6) by any court shall be 
        punished as a contempt of the court. If any person 
        fails or refuses to file any statement or report, or 
        obey any subpoena, issued pursuant to subdivision 
        (A)(2) of this Section,  the Attorney General will be 
        deemed to have met the requirement of conducting a 
        preliminary investigation and may proceed to initiate 
        a civil action pursuant to subdivision (A)(1) of this 
        Section.
    (B)  Relief which may be granted.
        (1)  In any civil action brought pursuant to subsection 
    (A) of this Section, the Attorney General may obtain as a 
    remedy, equitable relief (including any permanent or 
    preliminary injunction, temporary restraining order, or 
    other order, including an order enjoining the defendant 
    from engaging in such civil rights violation or ordering 
    any action as may be appropriate).  In addition, the 
    Attorney General may request and the Court may impose a 
    civil penalty to vindicate the public interest:
            (a) for violations of Article 3 and Article 4 in an 
        amount not exceeding $25,000 per violation, and in the 
        case of violations of all other Articles in an amount 
        not exceeding $10,000 if the defendant has not been 
        adjudged to have committed any prior civil rights 
        violations under the provision of the Act that is the 
        basis of the complaint;
            (b) for violations of Article 3 and Article 4 in an 
        amount not exceeding $50,000 per violation, and in the 
        case of violations of all other Articles in an amount 
        not exceeding $25,000 if the defendant has been 
        adjudged to have committed one other civil rights 
        violation under the provision of the Act within 5 years 
        of the occurrence of the civil rights violation that is 
        the basis of the complaint; and
            (c) for violations of Article 3 and Article 4 in an 
        amount not exceeding $75,000 per violation, and in the 
        case of violations of all other Articles in an amount 
        not exceeding $50,000 if the defendant has been 
        adjudged to have committed 2 or more civil rights 
        violations under the provision of the Act within 5 
        years of the occurrence of the civil rights violation 
        that is the basis of the complaint.
        (2) A civil penalty imposed under subdivision (B)(1) of 
    this Section shall be deposited into the Attorney General 
    Court Ordered and Voluntary Compliance Payment Projects 
    Fund, which is a special fund in the State Treasury.  Moneys 
    in the Fund shall be used, subject to appropriation, for 
    the performance of any function pertaining to the exercise 
    of the duties of the Attorney General including but not 
    limited to enforcement of any law of this State and 
    conducting public education programs; however, any moneys 
    in the Fund that are required by the court or by an 
    agreement to be used for a particular purpose shall be used 
    for that purpose.
        (3) Aggrieved parties seeking actual damages must 
    follow the procedure set out in Sections 7A-102 or 7B-102 
    for filing a charge.

(Source: P.A. 95-961, eff. 9-23-08.)