093_SB1492ham001

 










                                     LRB093 06770 WGH 15230 a

 1                    AMENDMENT TO SENATE BILL 1492

 2        AMENDMENT NO.     .  Amend Senate Bill 1492 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Illinois Human Rights Act is amended by
 5    changing Sections 10-101 and 10-102 as follows:

 6        (775 ILCS 5/10-101) (from Ch. 68, par. 10-101)
 7        Sec. 10-101.  Applicability.  This  Article  shall  apply
 8    solely  to civil actions arising under Articles 2, Article 3,
 9    and 6 of this Act.
10    (Source: P.A. 86-910.)

11        (775 ILCS 5/10-102) (from Ch. 68, par. 10-102)
12        Sec. 10-102.  Court Actions.  (A) Circuit Court  Actions.
13    (1)  An  aggrieved  party  may  commence a civil action in an
14    appropriate Circuit Court not later than 2  years  after  the
15    occurrence  or  the  termination  of  an alleged civil rights
16    violation or the  breach  of  a  conciliation  or  settlement
17    agreement entered into under this Act, whichever occurs last,
18    to  obtain  appropriate  relief  with  respect to the alleged
19    civil rights violation  or  breach.   Venue  for  such  civil
20    action shall be determined under Section 8-111(B)(6).  In the
21    case  of  a civil action arising under Article 2 or 6 of this
 
                            -2-      LRB093 06770 WGH 15230 a
 1    Act, no action shall be commenced sooner than 365 days  after
 2    the  filing  of a charge under Section 7A-102(A)(1) or within
 3    any extension of that period agreed  to  in  writing  by  all
 4    parties.
 5        (2)  The  computation  of  such  2-year  period shall not
 6    include any time during which  an  administrative  proceeding
 7    under  this  Act  was  pending with respect to a complaint or
 8    charge under this Act based upon  the  alleged  civil  rights
 9    violation.   This paragraph does not apply to actions arising
10    from a breach of a conciliation or settlement agreement.
11        (3)  An aggrieved  party  may  commence  a  civil  action
12    arising  under  Article  3  of this Act under this subsection
13    whether or not a charge has been filed under  Section  7B-102
14    and  without  regard  to  the  status  of  any  such charge.,
15    However, if the Department or local  agency  has  obtained  a
16    conciliation  or  settlement agreement with the consent of an
17    aggrieved party, no action may be filed under this subsection
18    by such aggrieved party arising under Article 2, 3, or 6 with
19    respect to the alleged civil rights violation practice  which
20    forms  the basis for such complaint except for the purpose of
21    enforcing  the  terms  of  such  conciliation  or  settlement
22    agreement.
23        (4)  An aggrieved party shall not commence a civil action
24    under this subsection with respect to an alleged civil rights
25    violation which forms the basis of a complaint issued by  the
26    Department  if  a  hearing officer has commenced a hearing on
27    the record under Article 2, 3, or 6 of this Act with  respect
28    to such complaint.
29        (B)  Appointment  of Attorney by Court.  Upon application
30    by a person alleging a civil rights  violation  or  a  person
31    against whom the civil rights violation is alleged, if in the
32    opinion  of  the  court  such person is financially unable to
33    bear the costs of such action, the court may:
34        (1)  appoint an attorney for such person, any attorney so
 
                            -3-      LRB093 06770 WGH 15230 a
 1    appointed  may  petition  for  an  award  of  attorneys  fees
 2    pursuant to subsection (C)(2) of this Section; or
 3        (2)  authorize the  commencement  or  continuation  of  a
 4    civil  action  under  subsection  (A)  without the payment of
 5    fees, costs, or security.
 6        (C)  Relief which may be granted.  (1)  In a civil action
 7    under subsection (A) if the court or jury finds that a  civil
 8    rights  violation  has  occurred or is about to occur, it the
 9    court may award to the plaintiff actual and punitive  damages
10    (except  no  punitive  damages  shall  be awarded against the
11    State in a civil action under Article 2 or 6  of  this  Act),
12    and  the  court  may  grant  as  relief,  as  the court deems
13    appropriate,  any  permanent   or   preliminary   injunction,
14    temporary  restraining  order,  or  other order, including an
15    order enjoining the defendant from  engaging  in  such  civil
16    rights  violation  or ordering such affirmative action as may
17    be appropriate, including, in the case of civil actions under
18    Article 2 or 6  of  this  Act,  reinstatement  or  hiring  of
19    employees,  with  or  without backpay, or any other equitable
20    relief the court deems appropriate.
21        (2)  In a civil action under subsection (A),  the  court,
22    in its discretion, may allow the prevailing party, other than
23    the  State  of Illinois, reasonable attorneys fees and costs.
24    The State of Illinois shall be liable for such fees and costs
25    to the same extent as a private person.
26        (D)  Intervention  By  The  Department.    The   Attorney
27    General of Illinois may intervene on behalf of the Department
28    if  the  Department  certifies  that  the  case is of general
29    public importance.  Upon  such  intervention  the  court  may
30    award  such  relief  as  is  authorized  to  be  granted to a
31    plaintiff in a civil action under Section 10-102(C).
32    (Source: P.A. 86-910.)".