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Public Act 097-1032 | ||||
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AN ACT concerning human rights.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Human Rights Act is amended by | ||||
changing Section 10-104 as follows: | ||||
(775 ILCS 5/10-104) | ||||
Sec. 10-104. Circuit Court Actions by the Illinois Attorney | ||||
General. | ||||
(A) Standing, venue, limitations on actions, preliminary | ||||
investigations, notice, and Assurance of Voluntary Compliance. | ||||
(1) Whenever the Illinois Attorney General has | ||||
reasonable cause to believe that any person or group of | ||||
persons is engaged in a pattern and practice of | ||||
discrimination prohibited by this Act, the Illinois | ||||
Attorney General may commence a civil action in the name of | ||||
the People of the State, as parens patriae on behalf of | ||||
persons within the State to enforce the provisions of this | ||||
Act in any appropriate circuit court. Venue for this civil | ||||
action shall be determined under paragraph (6) of | ||||
subsection (C) of Section 8-111 (B)(6) . Such actions shall | ||||
be commenced no later than 2 years after the occurrence or | ||||
the termination of an alleged civil rights violation or the | ||||
breach of a conciliation agreement or Assurance of |
Voluntary Compliance entered into under this Act, | ||
whichever occurs last, to obtain relief with respect to the | ||
alleged civil rights violation or breach. | ||
(2) Prior to initiating a civil action, the Attorney | ||
General shall conduct a preliminary investigation to | ||
determine whether there is reasonable cause to believe that | ||
any person or group of persons is engaged in a pattern and | ||
practice of discrimination declared unlawful by this Act | ||
and whether the dispute can be resolved without litigation. | ||
In conducting this investigation, the Attorney General | ||
may: | ||
(a) require the individual or entity to file a | ||
statement or report in writing under oath or otherwise, | ||
as to all information the Attorney General may consider | ||
necessary; | ||
(b) examine under oath any person alleged to have | ||
participated in or with knowledge of the alleged | ||
pattern and practice violation; or | ||
(c) issue subpoenas or conduct hearings in aid of | ||
any investigation. | ||
(3) Service by the Attorney General of any notice | ||
requiring a person to file a statement or report, or of a | ||
subpoena upon any person, shall be made: | ||
(a) personally by delivery of a duly executed copy | ||
thereof to the person to be served or, if a person is | ||
not a natural person, in the manner provided in the |
Code of Civil Procedure when a complaint is filed; or | ||
(b) by mailing by certified mail a duly executed | ||
copy thereof to the person to be served at his or her | ||
last known abode or principal place of business within | ||
this State. | ||
(4) In lieu of a civil action, the individual or entity | ||
alleged to have engaged in a pattern or practice of | ||
discrimination deemed violative of this Act may enter into | ||
an Assurance of Voluntary Compliance with respect to the | ||
alleged pattern or practice violation. | ||
(5) The Illinois Attorney General may commence a civil | ||
action under this subsection (A) whether or not a charge | ||
has been filed under Sections 7A-102 or 7B-102 and without | ||
regard to the status of any charge, however, if the | ||
Department or local agency has obtained a conciliation or | ||
settlement agreement or if the parties have entered into an | ||
Assurance of Voluntary Compliance no action may be filed | ||
under this subsection (A) with respect to the alleged civil | ||
rights violation practice that forms the basis for the | ||
complaint except for the purpose of enforcing the terms of | ||
the conciliation or settlement agreement or the terms of | ||
the Assurance of Voluntary Compliance. | ||
(6) Subpoenas. | ||
(a) Petition for enforcement. Whenever any person | ||
fails to comply with any subpoena issued under | ||
paragraph (2) of this subsection (A), or whenever |
satisfactory copying or reproduction of any material | ||
requested in an investigation cannot be done and the | ||
person refuses to surrender the material, the Attorney | ||
General may file in any appropriate circuit court, and | ||
serve upon the person, a petition for a court order for | ||
the enforcement of the subpoena or other request. Venue | ||
for this enforcement action shall be determined under | ||
paragraph (C)(6) of Section 8-111. | ||
(b) Petition to modify or set aside a subpoena. | ||
(i) Any person who has received a subpoena | ||
issued under paragraph (2) of this subsection (A) | ||
may file in the appropriate circuit court, and | ||
serve upon the Attorney General, a petition for a | ||
court order to modify or set aside the subpoena or | ||
other request. The petition must be filed either | ||
(I) within 20 days after the date of service of the | ||
subpoena or at any time before the return date | ||
specified in the subpoena, whichever date is | ||
earlier, or (II) within such longer period as may | ||
be prescribed in writing by the Attorney General. | ||
(ii) The petition shall specify each ground | ||
upon which the petitioner relies in seeking relief | ||
under subdivision (i) and may be based upon any | ||
failure of the subpoena to comply with the | ||
provisions of this Section or upon any | ||
constitutional or other legal right or privilege |
of the petitioner. During the pendency of the | ||
petition in the court, the court may stay, as it | ||
deems proper, the running of the time allowed for | ||
compliance with the subpoena or other request, in | ||
whole or in part, except that the petitioner shall | ||
comply with any portion of the subpoena or other | ||
request not sought to be modified or set aside. | ||
(c) Jurisdiction. Whenever any petition is filed | ||
in any circuit court under this paragraph (6), the | ||
court shall have jurisdiction to hear and determine the | ||
matter so presented and to enter such orders as may be | ||
required to carry out the provisions of this Section. | ||
Any final order so entered shall be subject to appeal | ||
in the same manner as appeals of other final orders in | ||
civil matters. Any disobedience of any final order | ||
entered under this paragraph (6) by any court shall be | ||
punished as a contempt of the court. If any person | ||
fails or refuses to file any statement or report, or | ||
obey any subpoena, issued pursuant to subdivision | ||
(A)(2) of this Section, the Attorney General will be | ||
deemed to have met the requirement of conducting a | ||
preliminary investigation and may proceed to initiate | ||
a civil action pursuant to subdivision (A)(1) of this | ||
Section. | ||
(B) Relief which may be granted. | ||
(1) In any civil action brought pursuant to subsection |
(A) of this Section, the Attorney General may obtain as a | ||
remedy, equitable relief (including any permanent or | ||
preliminary injunction, temporary restraining order, or | ||
other order, including an order enjoining the defendant | ||
from engaging in such civil rights violation or ordering | ||
any action as may be appropriate). In addition, the | ||
Attorney General may request and the Court may impose a | ||
civil penalty to vindicate the public interest: | ||
(a) for violations of Article 3 and Article 4 in an | ||
amount not exceeding $25,000 per violation, and in the | ||
case of violations of all other Articles in an amount | ||
not exceeding $10,000 if the defendant has not been | ||
adjudged to have committed any prior civil rights | ||
violations under the provision of the Act that is the | ||
basis of the complaint; | ||
(b) for violations of Article 3 and Article 4 in an | ||
amount not exceeding $50,000 per violation, and in the | ||
case of violations of all other Articles in an amount | ||
not exceeding $25,000 if the defendant has been | ||
adjudged to have committed one other civil rights | ||
violation under the provision of the Act within 5 years | ||
of the occurrence of the civil rights violation that is | ||
the basis of the complaint; and | ||
(c) for violations of Article 3 and Article 4 in an | ||
amount not exceeding $75,000 per violation, and in the | ||
case of violations of all other Articles in an amount |
not exceeding $50,000 if the defendant has been | ||
adjudged to have committed 2 or more civil rights | ||
violations under the provision of the Act within 5 | ||
years of the occurrence of the civil rights violation | ||
that is the basis of the complaint. | ||
(2) A civil penalty imposed under subdivision (B)(1) of | ||
this Section shall be deposited into the Attorney General | ||
Court Ordered and Voluntary Compliance Payment Projects | ||
Fund, which is a special fund in the State Treasury. Moneys | ||
in the Fund shall be used, subject to appropriation, for | ||
the performance of any function pertaining to the exercise | ||
of the duties of the Attorney General including but not | ||
limited to enforcement of any law of this State and | ||
conducting public education programs; however, any moneys | ||
in the Fund that are required by the court or by an | ||
agreement to be used for a particular purpose shall be used | ||
for that purpose. | ||
(3) Aggrieved parties seeking actual damages must | ||
follow the procedure set out in Sections 7A-102 or 7B-102 | ||
for filing a charge.
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(Source: P.A. 95-961, eff. 9-23-08.)
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