Public Act 90-0311 of the 90th General Assembly

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Public Act 90-0311

SB511 Enrolled                                 LRB9002793RCks

    AN ACT  to  amend  the  Parental  Responsibility  Law  by
changing Sections 3 and 5.

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

    Section 5.  The Parental Responsibility Law is amended by
changing Sections 3 and 5 as follows:

    (740 ILCS 115/3) (from Ch. 70, par. 53)
    Sec. 3.  Liability. The parent or legal  guardian  of  an
unemancipated  minor  who  resides  with such parent or legal
guardian is liable for  actual  damages  for  the  wilful  or
malicious  acts  of such minor which cause injury to a person
or property, including damages caused by a minor who has been
adjudicated a delinquent for violating Section 21-1.3 of  the
Criminal  Code  of  1961.  Reasonable  attorney's fees may be
awarded to a plaintiff that is not a governmental unit in any
action under this Act.
(Source: P.A. 88-406.)

    (740 ILCS 115/5) (from Ch. 70, par. 55)
    Sec. 5.  Limitation on damages;  damages  allowable.   No
recovery  under  this  Act  may  exceed  $2,500 $1,000 actual
damages for each person,  or  legal  entity  as  provided  in
Section  4 of this Act, for each occurrence of such wilful or
malicious acts by the minor causing injury,  in  addition  to
taxable  court  costs and attorney's fees. In determining the
damages to be  allowed  in  an  action  under  this  Act  for
personal  injury,  only medical, dental and hospital expenses
and expenses for treatment by Christian Science practitioners
and nursing care appropriate thereto may be considered.
(Source: P.A. 81-588.)

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