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90_HB1151enr
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.
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1 AN ACT to amend the Local Governmental and Governmental
2 Employees Tort Immunity Act by changing Sections 1-210 and
3 3-108.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Local Governmental and Governmental
7 Employees Tort Immunity Act is amended by changing Sections
8 1-210 and 3-108 as follows:
9 (745 ILCS 10/1-210) (from Ch. 85, par. 1-210)
10 Sec. 1-210. "Willful and wanton conduct" as used in this
11 Act means a course of action which shows an actual or
12 deliberate intention to cause harm or which, if not
13 intentional, shows an utter indifference to or conscious
14 disregard for the safety of others or their property. This
15 definition shall apply in any case where a "willful and
16 wanton" exception is incorporated into any immunity under
17 this Act.
18 (Source: P.A. 84-1431.)
19 (745 ILCS 10/3-108) (from Ch. 85, par. 3-108)
20 Sec. 3-108. (a) Except as otherwise provided in this
21 Act, neither a local public entity nor a public employee who
22 undertakes to supervise an activity on or the use of any
23 public property is liable for an injury unless the local
24 public entity or public employee is guilty of willful and
25 wanton conduct in its supervision proximately causing such
26 injury.
27 (b) Except as otherwise provided in this Act, neither a
28 local public entity nor a public employee is liable for an
29 injury caused by a failure to supervise an activity on or the
30 use of any public property unless the employee or the local
HB1151 Enrolled -2- LRB9003971WHmg
1 public entity has a duty to provide supervision imposed by
2 common law, statute, ordinance, code or regulation and the
3 local public entity or public employee is guilty of willful
4 and wanton conduct in its failure to provide supervision
5 proximately causing such injury. Except as otherwise provided
6 by this Act and subject to subdivision (b) neither a local
7 public entity nor a public employee is liable for an injury
8 caused by a failure to supervise an activity on or the use of
9 any public property.
10 (b) Where a local public entity or public employee
11 designates a part of public property to be used for purposes
12 of swimming and establishes and designates by notice posted
13 upon the premises the hours of such use, the entity or public
14 employee is liable only for an injury proximately caused by
15 its failure to provide supervision during the said hours
16 posted.
17 (Source: Laws 1965, p. 2983.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.