093_HB2330ham002
LRB093 08351 LRD 14062 a
1 AMENDMENT TO HOUSE BILL 2330
2 AMENDMENT NO. . Amend House Bill 2330 by replacing
3 everything after the enacting clause with the following:
4 "Section 1. Short title. This Act may be cited as the
5 Illinois Civil Rights Act of 2003.
6 Section 5. Discrimination prohibited.
7 (a) No unit of State, county, or local government in
8 Illinois shall:
9 (1) exclude a person from participation in, deny a
10 person the benefits of, or subject a person to
11 discrimination under any program or activity on the
12 grounds of that person's race, color, or national origin;
13 or
14 (2) utilize criteria or methods of administration
15 that have the effect of subjecting individuals to
16 discrimination because of their race, color, or national
17 origin.
18 (b) Any party aggrieved by conduct that violates
19 subsection (a) may bring a civil lawsuit, in a State circuit
20 court, against the offending unit of government. This lawsuit
21 must be brought not later than 2 years after the violation of
22 subsection (a). If the court finds that a violation of
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1 paragraph (1) of subsection (a) has occurred, the court may
2 award to the plaintiff actual and punitive damages and if the
3 court finds that a violation of paragraph (2) of subsection
4 (a) has occurred, the court may award to the plaintiff actual
5 damages. The court, as it deems appropriate, may grant as
6 relief any permanent or preliminary injunction, temporary
7 restraining order, or other order, including an order
8 enjoining the defendant from engaging in the violation of
9 subsection (a) or mandating affirmative action.
10 (c) Upon motion, a court shall award reasonable
11 attorneys' fees and costs, including expert witness fees and
12 other litigation expenses, to a plaintiff who is a prevailing
13 party in any action brought:
14 (1) pursuant to subsection (b); or
15 (2) to enforce a right arising under the Illinois
16 Constitution.
17 In awarding reasonable attorneys' fees, the court shall
18 consider the degree to which the relief obtained relates to
19 the relief sought.
20 (d) For the purpose of this Act, the term "prevailing
21 party" includes any party:
22 (1) who obtains some of his or her requested relief
23 through a judicial judgment in his or her favor;
24 (2) who obtains some of his or her requested relief
25 through any settlement agreement approved by the court;
26 or
27 (3) whose pursuit of a non-frivolous claim was a
28 catalyst for a unilateral change in position by the
29 opposing party relative to the relief sought.".