97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4409

 

Introduced 1/30/2012, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 5/1  from Ch. 40, par. 1901

    Amends the Alienation of Affections Act. Makes a technical change in a Section concerning public policy.


LRB097 15401 AJO 60501 b

 

 

A BILL FOR

 

HB4409LRB097 15401 AJO 60501 b

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

 

 

HB4409- 2 -LRB097 15401 AJO 60501 b

1exemplary, vindictive, or aggravated damages in actions for
2alienation of affections. Consequently, in the public
3interest, the necessity for the enactment of this chapter is
4hereby declared as a matter of legislative determination.
5(Source: Laws 1947, p. 796.)