State of Illinois
92^nd General Assembly
Legislation

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92_HB4354

 
                                               LRB9214093REpk

 1        AN ACT concerning civil immunities.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Local  Governmental  and  Governmental
 5    Employees Tort Immunity Act is amended  by  changing  Section
 6    2-302 as follows:

 7        (745 ILCS 10/2-302) (from Ch. 85, par. 2-302)
 8        Sec. 2-302.  If any claim or action is instituted against
 9    an  employee  of  a  local  public  entity based on an injury
10    allegedly arising out of an act or omission occurring  within
11    the  scope of his employment as such employee, the entity may
12    elect to do any one or more of the following:
13        (a)  Appear and defend against the claim or action;
14        (b)  Indemnify the employee or former  employee  for  his
15    court costs incurred in the defense of such claim or action;
16        (c)  Pay,  or  indemnify  the employee or former employee
17    for a judgment based on such claim or action, or
18        (d)  Pay, or indemnify the employee  or  former  employee
19    for, a compromise or settlement of such a claim or action.
20        It  is  hereby  declared  to be the public policy of this
21    State, however, that no local  public  entity  may  elect  to
22    indemnify   an   employee  for  any  portion  of  a  judgment
23    representing an award of punitive or exemplary damages.
24        In addition, if any claim or action is instituted against
25    an employee of a local  public  entity  based  on  an  injury
26    allegedly  arising out of an act or omission occurring within
27    the scope of his or her  employment  as  such  employee,  the
28    entity must indemnify the employee or former employee for his
29    or her reasonable attorney's fees incurred in connection with
30    the claim or action, except any portion incurred that relates
31    to punitive or exemplary damages.
 
                            -2-                LRB9214093REpk
 1    (Source: P.A. 84-1431.)

 2        Section  90.  The State Mandates Act is amended by adding
 3    Section 8.26 as follows:

 4        (30 ILCS 805/8.26 new)
 5        Sec. 8.26. Exempt mandate.   Notwithstanding  Sections  6
 6    and  8 of this Act, no reimbursement by the State is required
 7    for  the  implementation  of  any  mandate  created  by  this
 8    amendatory Act of the 92nd General Assembly.

 9        Section 99.  Effective date.  This Act takes effect  upon
10    becoming law.

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