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Sen. Don Harmon
Filed: 2/24/2004
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| AMENDMENT TO SENATE BILL 2946
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| AMENDMENT NO. ______. Amend Senate Bill 2946 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Civil Rights Act of 2003 is |
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| amended by changing Section 5 as follows:
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| (740 ILCS 23/5)
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| Sec. 5. Discrimination prohibited.
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| (a) No unit of State, county, or local government in |
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| Illinois shall:
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| (1) exclude a person from participation in, deny a |
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| person the benefits of,
or subject a person to |
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| discrimination under any program or activity on the
grounds
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| of that person's race, color, or national origin; or
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| (2) utilize criteria or methods of administration that |
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| have the effect of
subjecting individuals to |
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| discrimination because of their race, color, or
national
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| origin.
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| (b) Any party aggrieved by conduct that violates subsection |
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| (a) may bring a
civil lawsuit, in a federal district court or |
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| State circuit court, against the offending unit of
government. |
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| Any State claim brought in federal district court shall be a |
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| supplemental claim to a federal claim. This lawsuit must be |
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| brought not later than 2 years after the
violation of |
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| subsection (a). If the court finds that a violation of |
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| paragraph
(1) or (2) of subsection (a) has occurred, the court |
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| may award to the plaintiff
actual and punitive damages and if |
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| the court finds that a violation of
paragraph (2) of subsection |
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| (a) has occurred, the court may award to the
plaintiff actual |
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| damages. The court, as it deems appropriate, may grant as
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| relief any permanent or preliminary negative or mandatory |
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| injunction, temporary restraining order, or
other order, |
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| including an order enjoining the defendant from engaging in the
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| violation of subsection (a) or mandating affirmative action.
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| (c) Upon motion, a court shall award reasonable attorneys' |
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| fees and costs,
including expert witness fees and other |
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| litigation expenses, to a plaintiff who
is a prevailing party |
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| in any action brought:
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| (1) pursuant to subsection (b); or
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| (2) to enforce a right arising under the Illinois |
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| Constitution.
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| In awarding reasonable attorneys' fees, the court shall |
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| consider the degree
to which the relief obtained relates to the |
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| relief sought.
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| (d) For the purpose of this Act, the term "prevailing |
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| party" includes any
party:
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| (1) who obtains some of his or her requested relief |
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| through a judicial
judgment in his or her favor;
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| (2) who obtains some of his or her requested relief |
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| through any settlement
agreement approved by the court; or
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| (3) whose pursuit of a non-frivolous claim was a |
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| catalyst for a unilateral
change in position by the |
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| opposing party relative to the relief sought.
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| (Source: P.A. 93-425, eff. 1-1-04.)".
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