94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0766


 
Introduced 2/1/2005, by Rep. Randall M. Hultgren
 
SYNOPSIS AS INTRODUCED:
 		














740 ILCS 115/5
  from Ch. 70, par. 55







    Amends the Parental Responsibility Law. Provides that, where a wilful or malicious act by the minor causes damage to real or personal property owned or leased by a local public entity, no recovery under the Act may exceed $100,000 actual damages for each local public entity that owns or leases the property.  Defines "local public entity".  Effective immediately.
















LRB094 05505 LCB 35552 b

















 


 


A BILL FOR









 











HB0766

LRB094 05505 LCB 35552 b






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    AN ACT concerning civil law.

 
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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 Parental Responsibility Law is amended  by 
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changing Section 5 as follows:
 



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    (740 ILCS 115/5)  (from Ch. 70, par. 55)



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    Sec. 5. Limitation on damages; damages allowable. 
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    (a) Except as provided in subsection (b) of this Section, 
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no
No recovery under
this Act may exceed $2,500 actual damages 
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for each
person, or legal entity as provided in Section 4 of 
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this Act, for each
occurrence of such wilful or malicious acts 
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by the minor causing injury,
in addition to taxable court costs 
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and attorney's fees. In determining the
damages to be
allowed 
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in an action under this Act for personal injury, only medical,

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dental and hospital expenses and expenses for treatment by 
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Christian Science
practitioners and nursing care appropriate 
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thereto may be considered.

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    (b) Where a wilful or malicious act by the minor causes 
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damage to real or personal property owned or leased by a local 
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public entity, no recovery under this Act may exceed $100,000 
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actual damages for each local public entity that owns or leases 
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the property.

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    (c) For purposes of this Section, "local public entity" 
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shall have the same meaning as that term is defined in Section 
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1-206 of the Local Governmental and Governmental Employees Tort 
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Immunity Act.

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    (d) This amendatory Act of the 94th General Assembly 
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applies to causes of action accruing on or after its effective 
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date.

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(Source: P.A. 90-311, eff. 1-1-98.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.