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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4138 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
| | 740 ILCS 5/1 | from Ch. 40, par. 1901 |
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Amends the Alienation of Affections Act. Makes a technical change in a Section
concerning public policy.
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| | A BILL FOR |
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| | HB4138 | | LRB098 15693 HEP 50724 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Alienation of Affections Act is amended by |
| 5 | | changing Section 1 as follows:
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| 6 | | (740 ILCS 5/1) (from Ch. 40, par. 1901)
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| 7 | | Sec. 1.
It is hereby declared, as a matter of legislative |
| 8 | | determination,
that
that the remedy heretofore provided by law |
| 9 | | for the enforcement of the
action for alienation of affections |
| 10 | | has been subjected to grave abuses and
has been used as an |
| 11 | | instrument for blackmail by unscrupulous persons for
their |
| 12 | | unjust enrichment, due to the indefiniteness of the damages
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| 13 | | recoverable in such actions and the consequent fear of persons |
| 14 | | threatened
with such actions that exorbitant damages might be |
| 15 | | assessed against them.
It is also hereby declared that the |
| 16 | | award of monetary damages in such
actions is ineffective as a |
| 17 | | recompense for genuine mental or emotional
distress. |
| 18 | | Accordingly, it is hereby declared as the public policy of the
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| 19 | | state that the best interests of the people of the state will |
| 20 | | be served by
limiting the damages recoverable in such actions |
| 21 | | and by leaving any
punishment of wrongdoers guilty of |
| 22 | | alienation of affections to proceedings
under the criminal laws |
| 23 | | of the state, rather than to the imposition of
punitive, |