Rep. Jennifer Gong-Gershowitz

Filed: 2/22/2022

 

 


 

 


 
10200HB4605ham002LRB102 24078 LNS 36671 a

1
AMENDMENT TO HOUSE BILL 4605

2    AMENDMENT NO. ______. Amend House Bill 4605 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Human Rights Act is amended by
5changing Sections 8-111 and 10-102 as follows:
 
6    (775 ILCS 5/8-111)  (from Ch. 68, par. 8-111)
7    Sec. 8-111. Court Proceedings.
8    (A) Civil Actions Commenced in Circuit Court.
9        (1) Venue. Civil actions commenced in a circuit court
10    pursuant to Section 7A-102 or 8B-102 shall be commenced in
11    the circuit court in the county in which the civil rights
12    violation was allegedly committed.
13        (2) If a civil action is commenced in a circuit court,
14    the form of the complaint shall be in accordance with the
15    Code of Civil Procedure.
16        (3) Jury Trial. If a civil action is commenced in a

 

 

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1    circuit court under Section 7A-102 or 8B-102, the
2    plaintiff or defendant may demand trial by jury.
3        (4) Remedies. Upon the finding of a civil rights
4    violation, the circuit court or jury may award any of the
5    remedies set forth in Section 8A-104 or 8B-104.
6    (B) Judicial Review.
7        (1) Any complainant or respondent may apply for and
8    obtain judicial review of a final order of the Commission
9    entered under this Act by filing a petition for review in
10    the Appellate Court within 35 days from the date that a
11    copy of the decision sought to be reviewed was served upon
12    the party affected by the decision. If a 3-member panel or
13    the full Commission finds that an interlocutory order
14    involves a question of law as to which there is
15    substantial ground for difference of opinion and that an
16    immediate appeal from the order may materially advance the
17    ultimate termination of the litigation, any party may
18    petition the Appellate Court for permission to appeal the
19    order. The procedure for obtaining the required Commission
20    findings and the permission of the Appellate Court shall
21    be governed by Supreme Court Rule 308, except the
22    references to the "trial court" shall be understood as
23    referring to the Commission.
24        (2) In any proceeding brought for judicial review, the
25    Commission's findings of fact shall be sustained unless
26    the court determines that such findings are contrary to

 

 

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1    the manifest weight of the evidence.
2        (3) Venue. Proceedings for judicial review shall be
3    commenced in the appellate court for the district wherein
4    the civil rights violation which is the subject of the
5    Commission's order was allegedly committed.
6    (C) Judicial Enforcement.
7        (1) When the Commission, at the instance of the
8    Department or an aggrieved party, concludes that any
9    person has violated a valid order of the Commission issued
10    pursuant to this Act, and the violation and its effects
11    are not promptly corrected, the Commission, through a
12    panel of 3 members, shall order the Department to commence
13    an action in the name of the People of the State of
14    Illinois by complaint, alleging the violation, attaching a
15    copy of the order of the Commission and praying for the
16    issuance of an order directing such person, his or her or
17    its officers, agents, servants, successors and assigns to
18    comply with the order of the Commission.
19        (2) An aggrieved party may file a complaint for
20    enforcement of a valid order of the Commission directly in
21    Circuit Court.
22        (3) Upon the commencement of an action filed under
23    paragraphs (1) or (2) of this subsection, the court shall
24    have jurisdiction over the proceedings and power to grant
25    or refuse, in whole or in part, the relief sought or impose
26    such other remedy as the court may deem proper.

 

 

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1        (4) The court may stay an order of the Commission in
2    accordance with the applicable Supreme Court rules,
3    pending disposition of the proceedings.
4        (5) The court may punish for any violation of its
5    order as in the case of civil contempt.
6        (6) Venue. Proceedings for judicial enforcement of a
7    Commission order shall be commenced in the circuit court
8    in the county wherein the civil rights violation which is
9    the subject of the Commission's order was committed.
10    (D) Limitation. Except as otherwise provided by law, no
11court of this state shall have jurisdiction over the subject
12of an alleged civil rights violation other than as set forth in
13this Act.
14    (E) This amendatory Act of 1996 applies to causes of
15action filed on or after January 1, 1996.
16    (F) The changes made to this Section by this amendatory
17Act of the 95th General Assembly apply to charges or
18complaints filed with the Department or the Commission on or
19after the effective date of those changes.
20(Source: P.A. 101-661, eff. 4-2-21.)
 
21    (775 ILCS 5/10-102)  (from Ch. 68, par. 10-102)
22    Sec. 10-102. Court Actions.
23    (A) Circuit Court Actions.
24        (1) An aggrieved party may commence a civil action in
25    an appropriate Circuit Court not later than 2 years after

 

 

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1    the occurrence or the termination of an alleged civil
2    rights violation or the breach of a conciliation or
3    settlement agreement entered into under this Act,
4    whichever occurs last, to obtain appropriate relief with
5    respect to the alleged civil rights violation or breach.
6    The plaintiff or defendant may demand trial by jury for
7    civil actions brought under this subsection. Venue for
8    such civil action shall be determined under Section
9    8-111(A)(1).
10        (2) The computation of such 2-year period shall not
11    include any time during which an administrative proceeding
12    under this Act was pending with respect to a complaint or
13    charge under this Act based upon the alleged civil rights
14    violation. This paragraph does not apply to actions
15    arising from a breach of a conciliation or settlement
16    agreement.
17        (3) An aggrieved party may commence a civil action
18    under this subsection whether or not a charge has been
19    filed under Section 7B-102 and without regard to the
20    status of any such charge, however, if the Department or
21    local agency has obtained a conciliation or settlement
22    agreement with the consent of an aggrieved party, no
23    action may be filed under this subsection by such
24    aggrieved party with respect to the alleged civil rights
25    violation practice which forms the basis for such
26    complaint except for the purpose of enforcing the terms of

 

 

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1    such conciliation or settlement agreement.
2        (4) An aggrieved party shall not commence a civil
3    action under this subsection with respect to an alleged
4    civil rights violation which forms the basis of a
5    complaint issued by the Department if a hearing officer
6    has commenced a hearing on the record under Article 3 of
7    this Act with respect to such complaint.
8    (B) Appointment of Attorney by Court. Upon application by
9a person alleging a civil rights violation or a person against
10whom the civil rights violation is alleged, if in the opinion
11of the court such person is financially unable to bear the
12costs of such action, the court may:
13        (1) appoint an attorney for such person, any attorney
14    so appointed may petition for an award of attorneys fees
15    pursuant to subsection (C)(2) of this Section; or
16        (2) authorize the commencement or continuation of a
17    civil action under subsection (A) without the payment of
18    fees, costs, or security.
19    (C) Relief which may be granted.
20        (1) In a civil action under subsection (A) if the
21    court finds that a civil rights violation has occurred or
22    is about to occur, the court may award to the plaintiff
23    actual and punitive damages, and may grant as relief, as
24    the court deems appropriate, any permanent or preliminary
25    injunction, temporary restraining order, or other order,
26    including an order enjoining the defendant from engaging

 

 

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1    in such civil rights violation or ordering such
2    affirmative action as may be appropriate.
3        (2) In a civil action under subsection (A), the court,
4    in its discretion, may allow the prevailing party, other
5    than the State of Illinois, reasonable attorneys fees and
6    costs. The State of Illinois shall be liable for such fees
7    and costs to the same extent as a private person.
8    (D) Intervention By The Department. The Attorney General
9of Illinois may intervene on behalf of the Department if the
10Department certifies that the case is of general public
11importance. Upon such intervention the court may award such
12relief as is authorized to be granted to a plaintiff in a civil
13action under Section 10-102(C).
14(Source: P.A. 101-661, eff. 4-2-21.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".