101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0665

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 23/5

    Amends the Illinois Civil Rights Act of 2003. Makes a technical change in a Section concerning the prohibition of discrimination by units of State, county, or local government.


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A BILL FOR

 

HB0665LRB101 03709 LNS 48717 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Civil Rights Act of 2003 is amended
5by changing Section 5 as follows:
 
6    (740 ILCS 23/5)
7    Sec. 5. Discrimination prohibited.
8    (a) No unit of State, county, or local government in
9Illinois shall:
10        (1) exclude a person from participation in, deny a
11    person the the benefits of, or subject a person to
12    discrimination under any program or activity on the grounds
13    of that person's race, color, national origin, or gender;
14    or
15        (2) utilize criteria or methods of administration that
16    have the effect of subjecting individuals to
17    discrimination because of their race, color, national
18    origin, or gender.
19    (b) Any party aggrieved by conduct that violates subsection
20(a) may bring a civil lawsuit, in a federal district court or
21State circuit court, against the offending unit of government.
22Any State claim brought in federal district court shall be a
23supplemental claim to a federal claim. This lawsuit must be

 

 

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1brought not later than 2 years after the violation of
2subsection (a). If the court finds that a violation of
3paragraph (1) or (2) of subsection (a) has occurred, the court
4may award to the plaintiff actual damages. The court, as it
5deems appropriate, may grant as relief any permanent or
6preliminary negative or mandatory injunction, temporary
7restraining order, or other order.
8    (c) Upon motion, a court shall award reasonable attorneys'
9fees and costs, including expert witness fees and other
10litigation expenses, to a plaintiff who is a prevailing party
11in any action brought:
12        (1) pursuant to subsection (b); or
13        (2) to enforce a right arising under the Illinois
14    Constitution.
15    In awarding reasonable attorneys' fees, the court shall
16consider the degree to which the relief obtained relates to the
17relief sought.
18    (d) For the purpose of this Act, the term "prevailing
19party" includes any party:
20        (1) who obtains some of his or her requested relief
21    through a judicial judgment in his or her favor;
22        (2) who obtains some of his or her requested relief
23    through any settlement agreement approved by the court; or
24        (3) whose pursuit of a non-frivolous claim was a
25    catalyst for a unilateral change in position by the
26    opposing party relative to the relief sought.

 

 

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1(Source: P.A. 95-541, eff. 1-1-08.)