State of Illinois
90th General Assembly
Legislation

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90_SB0511enr

      740 ILCS 115/3            from Ch. 70, par. 53
      740 ILCS 115/5            from Ch. 70, par. 55
          Amends the Parental Responsibility  Law.   Provides  that
      reasonable attorney's fees may be awarded to a plaintiff that
      is  not  a  governmental  unit  in  an  action under the Act.
      Increases the maximum recovery under the Act from  $1,000  to
      $2,500.
                                                     LRB9002793RCks
SB511 Enrolled                                 LRB9002793RCks
 1        AN  ACT  to  amend  the  Parental  Responsibility  Law by
 2    changing Sections 3 and 5.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Parental Responsibility Law is amended by
 6    changing Sections 3 and 5 as follows:
 7        (740 ILCS 115/3) (from Ch. 70, par. 53)
 8        Sec.  3.  Liability.  The  parent or legal guardian of an
 9    unemancipated minor who resides with  such  parent  or  legal
10    guardian  is  liable  for  actual  damages  for the wilful or
11    malicious acts of such minor which cause injury to  a  person
12    or property, including damages caused by a minor who has been
13    adjudicated  a delinquent for violating Section 21-1.3 of the
14    Criminal Code of 1961.  Reasonable  attorney's  fees  may  be
15    awarded to a plaintiff that is not a governmental unit in any
16    action under this Act.
17    (Source: P.A. 88-406.)
18        (740 ILCS 115/5) (from Ch. 70, par. 55)
19        Sec.  5.   Limitation  on damages; damages allowable.  No
20    recovery under this  Act  may  exceed  $2,500  $1,000  actual
21    damages  for  each  person,  or  legal  entity as provided in
22    Section 4 of this Act, for each occurrence of such wilful  or
23    malicious  acts  by  the minor causing injury, in addition to
24    taxable court costs and attorney's fees. In  determining  the
25    damages  to  be  allowed  in  an  action  under  this Act for
26    personal injury, only medical, dental and  hospital  expenses
27    and expenses for treatment by Christian Science practitioners
28    and nursing care appropriate thereto may be considered.
29    (Source: P.A. 81-588.)

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