93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2946


 
Introduced 2/6/2004, by Don Harmon
 
SYNOPSIS AS INTRODUCED:
 		













740 ILCS 23/5










    Amends the Illinois Civil Rights Act of 2003. Provides that any party aggrieved by conduct that violates the Act may bring a civil lawsuit in federal or State circuit court (instead of just a State circuit court). Provides that the court may grant as relief any permanent or preliminary negative or mandatory injunction. Removes language concerning punitive damages.















LRB093 19269 LCB 45004 b

















 


 


A BILL FOR









 











SB2946

LRB093 19269 LCB 45004 b






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    AN ACT concerning civil rights. 

 
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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 
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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 federal district court or 
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State circuit court, against the offending unit of
government. 
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This lawsuit must be brought not later than 2 years after the

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violation of subsection (a). If the court finds that a 
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violation of paragraph
(1) or (2) of subsection (a) has 
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occurred,  the court may award to the plaintiff
actual and 
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punitive damages and if the court finds that a violation of

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paragraph (2) of subsection (a) has occurred, the court may 
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award to the
plaintiff actual damages. The court, as it deems 
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appropriate, may grant as
relief any permanent or preliminary 
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negative or mandatory injunction, temporary restraining order, 
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or
other order, including an order enjoining the defendant from 
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engaging in the
violation of subsection (a) or mandating 
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affirmative action.

 


 






SB2946
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    (c) Upon motion, a court shall award reasonable attorneys' 
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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.)