93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5305


 
Introduced 02/06/04, by Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 		













740 ILCS 23/5










    Amends the Illinois Civil Rights Act of 2003.  Makes a technical change in a
Section concerning the prohibition of discrimination by units of State, county,
or local government.
















LRB093 17087 LCB 42753 b

















 


 


A BILL FOR









 











HB5305

LRB093 17087 LCB 42753 b






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    AN ACT concerning civil liabilities. 

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


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


 
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    (740 ILCS 23/5)

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    Sec. 5. Discrimination prohibited.


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


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

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


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

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    origin.


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

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relief any permanent or preliminary injunction, temporary 
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restraining order, or
other order, including an order enjoining 
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the defendant from engaging in the
violation of subsection (a) 
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or mandating affirmative action.


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    (c) Upon motion, a court shall award reasonable attorneys' 
 


 






HB5305
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LRB093 17087 LCB 42753 b




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fees and costs,
including expert witness fees and other 
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litigation expenses, to a plaintiff who
is a prevailing party 
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in any action brought:


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        (1) pursuant to subsection (b); or


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


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


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


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


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


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


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