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90_HB1151
745 ILCS 10/3-108 from Ch. 85, par. 3-108
Amends the Local Governmental and Governmental Employees
Tort Immunity Act. Amends language providing that neither a
local public entity nor a public employee is liable for an
injury caused by a failure to supervise an activity on or the
use of any public property. Creates an exception in the
case of willful and wanton conduct of a local public entity
or public employee that proximately causes the injury.
Effective immediately.
LRB9003971WHmg
LRB9003971WHmg
1 AN ACT to amend the Local Governmental and Governmental
2 Employees Tort Immunity Act by changing Section 3-108.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Local Governmental and Governmental
6 Employees Tort Immunity Act is amended by changing Section
7 3-108 as follows:
8 (745 ILCS 10/3-108) (from Ch. 85, par. 3-108)
9 Sec. 3-108. (a) Except as otherwise provided by this Act
10 and subject to subdivision (b) neither a local public entity
11 nor a public employee is liable for an injury caused by a
12 failure to supervise an activity on or the use of any public
13 property unless the local public entity or public employee is
14 guilty of willful and wanton conduct proximately causing the
15 injury.
16 (b) Where a local public entity or public employee
17 designates a part of public property to be used for purposes
18 of swimming and establishes and designates by notice posted
19 upon the premises the hours of such use, the entity or public
20 employee is liable only for an injury proximately caused by
21 its failure to provide supervision during the said hours
22 posted.
23 (Source: Laws 1965, p. 2983.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.