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| 1 | AMENDMENT TO HOUSE BILL 4311 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4311 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 1. Short title. This Act may be cited as the Civil | ||||||
| 5 | Remedy for Victims of Obscenity Violations Act. | ||||||
| 6 | Section 5. Civil remedy for victims of obscenity | ||||||
| 7 | violations. | ||||||
| 8 | (a) Civil action for victims. Any person who is harmed by | ||||||
| 9 | the unlawful sale, distribution, promotion, or exhibition of | ||||||
| 10 | obscene material under Section 11-20 of the Criminal Code of | ||||||
| 11 | 2012 may bring a civil action against the individual or entity | ||||||
| 12 | responsible for the violation. | ||||||
| 13 | (b) Damages. A prevailing plaintiff in a civil action | ||||||
| 14 | under this Section may be entitled to actual damages suffered | ||||||
| 15 | as a result of the obscenity violation. | ||||||
| 16 | (c) Statute of limitations. A civil action for obscenity | ||||||
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| 1 | violations under this Section must be brought within 5 years | ||||||
| 2 | of the discovery of the violation or the harm caused by the | ||||||
| 3 | violation, whichever is later. | ||||||
| 4 | (d) Attorney's fees. In any successful civil action, the | ||||||
| 5 | plaintiff may be entitled to recover reasonable attorney's | ||||||
| 6 | fees, in addition to the damages awarded. | ||||||
| 7 | (e) Injunctive relief. A court may grant injunctive relief | ||||||
| 8 | to prevent further violations of Section 11-20 of the Criminal | ||||||
| 9 | Code of 2012, including the cessation of the sale, | ||||||
| 10 | distribution, promotion, or exhibition of obscene material by | ||||||
| 11 | the defendant. | ||||||
| 12 | (f) Venue. The civil action may be brought in the county | ||||||
| 13 | where the defendant resides, where the unlawful sale, | ||||||
| 14 | distribution, promotion, or exhibition occurred, or where the | ||||||
| 15 | plaintiff resides, if applicable.". | ||||||