Full Text of HB5376 101st General Assembly
HB5376 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5376 Introduced , by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED: |
| 775 ILCS 5/10-102 | from Ch. 68, par. 10-102 | 775 ILCS 5/10-103 | from Ch. 68, par. 10-103 |
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Amends the Circuit Court Actions Article of the Illinois Human Rights Act. Provides that an aggrieved respondent may commence a civil action in an appropriate circuit court not later than 2 years after the occurrence or termination of an alleged civil rights violation or breach of a conciliation or settlement agreement entered into to obtain appropriate relief with respect to the alleged civil rights violation or breach. Provides that in a civil action pursuant to election, if the court finds that a civil rights violation has not occurred, the court may grant all attorney's fees and remittance of any monetary relief that was awarded during settlement by the Human Rights Commission.
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| | A BILL FOR |
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| | | HB5376 | | LRB101 18939 LNS 68398 b |
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| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 10-102 and 10-103 as follows:
| 6 | | (775 ILCS 5/10-102) (from Ch. 68, par. 10-102)
| 7 | | Sec. 10-102. Court Actions. (A) Circuit Court Actions. (1) | 8 | | An
aggrieved party or respondent may commence a civil action in | 9 | | an appropriate Circuit
Court not later than 2 years after the | 10 | | occurrence or the termination of an
alleged civil rights | 11 | | violation or the breach of a conciliation or
settlement | 12 | | agreement entered into under this Act, whichever occurs last,
| 13 | | to obtain appropriate relief with respect to the alleged civil | 14 | | rights violation
or breach. Venue for such civil action shall | 15 | | be determined under Section 8-111(B)(6).
| 16 | | (2) The computation of such 2-year period shall not include | 17 | | any time
during which an administrative proceeding under this | 18 | | Act was pending with
respect to a complaint or charge under | 19 | | this Act based upon the alleged
civil rights violation. This | 20 | | paragraph does not apply to
actions arising from a breach of a | 21 | | conciliation or settlement agreement.
| 22 | | (3) An aggrieved party may commence a civil action under | 23 | | this
subsection whether or not a charge has been filed under |
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| 1 | | Section 7B-102 and
without regard to the status of any such | 2 | | charge, however, if the Department or
local agency has obtained | 3 | | a conciliation or settlement agreement with the
consent of an | 4 | | aggrieved party, no action may be filed under this subsection
| 5 | | by such aggrieved party with respect to the alleged civil | 6 | | rights violation
practice which forms the basis for such | 7 | | complaint except for the purpose of
enforcing the terms of such | 8 | | conciliation or settlement agreement.
| 9 | | (4) An aggrieved party shall not commence a civil action | 10 | | under this
subsection with respect to an alleged civil rights | 11 | | violation which
forms the basis of a complaint issued by the | 12 | | Department if a
hearing officer has commenced a hearing on the | 13 | | record under
Article 3 of this Act with respect to such | 14 | | complaint.
| 15 | | (B) Appointment of Attorney by Court. Upon application by a | 16 | | person
alleging a civil rights violation or a person against | 17 | | whom
the civil rights violation is alleged, if in the opinion | 18 | | of the court such
person is financially unable to bear the | 19 | | costs of such action, the court may:
| 20 | | (1) appoint an attorney for such person, any attorney so | 21 | | appointed may
petition for an award of attorneys fees pursuant | 22 | | to subsection (C)(2) of this Section; or
| 23 | | (2) authorize the commencement or continuation of a civil | 24 | | action under
subsection (A) without the payment of fees, costs, | 25 | | or security.
| 26 | | (C) Relief which may be granted. (1) In a civil action |
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| 1 | | under
subsection (A) if the court finds that a civil rights | 2 | | violation
has occurred or is about to occur, the court may | 3 | | award to the plaintiff
actual and punitive damages, and may | 4 | | grant as relief, as the court deems
appropriate, any permanent | 5 | | or preliminary injunction, temporary restraining
order, or | 6 | | other order, including an order enjoining the defendant from
| 7 | | engaging in such civil rights violation or ordering such | 8 | | affirmative action
as may be appropriate.
| 9 | | (2) In a civil action under subsection (A), the court, in | 10 | | its
discretion, may allow the prevailing party, other than the | 11 | | State of
Illinois, reasonable attorneys fees and costs.
The | 12 | | State of Illinois shall be liable for such fees and costs to | 13 | | the same
extent as a private person.
| 14 | | (D) Intervention By The Department. The Attorney General of | 15 | | Illinois
may intervene on behalf of the Department if the | 16 | | Department certifies that
the case is of general public | 17 | | importance. Upon such intervention the court
may award such | 18 | | relief as is authorized to be granted to a plaintiff in a
civil | 19 | | action under Section 10-102(C).
| 20 | | (Source: P.A. 86-910.)
| 21 | | (775 ILCS 5/10-103) (from Ch. 68, par. 10-103)
| 22 | | Sec. 10-103. Circuit court actions pursuant to election. | 23 | | (A) If an
election is made under Section 8B-102, the | 24 | | Department shall authorize and
not later than 30 days after the | 25 | | entry of the administrative closure order by the Commission the |
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| 1 | | Attorney General
shall commence and maintain a civil action on | 2 | | behalf of the aggrieved
party in a circuit court of Illinois | 3 | | seeking relief under this Section.
Venue for such civil action | 4 | | shall be determined under Section 8-111(B)(6).
| 5 | | (B) Any aggrieved party with respect to the issues to be | 6 | | determined in
a civil action under this Section may intervene | 7 | | as of right in that civil action.
| 8 | | (C) In a civil action under this Section, if the court | 9 | | finds that a
civil rights violation
has occurred or is about to | 10 | | occur the court may grant as relief any relief
which a court | 11 | | could grant with respect to such civil rights violation
in a | 12 | | civil action under Section 10-102. Any relief so granted that
| 13 | | would accrue to an aggrieved party in a civil action commenced | 14 | | by that
aggrieved party under Section 10-102 shall also accrue | 15 | | to that aggrieved
party in a civil action under this Section. | 16 | | If monetary relief is
sought for the benefit of an aggrieved | 17 | | party who does not intervene in the
civil action, the court | 18 | | shall not award such relief if that aggrieved
party has not | 19 | | complied with discovery orders entered by the court.
| 20 | | (D) In a civil action under this Section, if the court | 21 | | finds that a civil rights violation has not occurred, the court | 22 | | may grant, as relief, all attorney's fees and remittance of any | 23 | | monetary relief that was awarded during settlement by the | 24 | | Commission. | 25 | | (Source: P.A. 101-530, eff. 1-1-20 .)
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