94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2163


 
Introduced 2/14/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie - John A. Fritchey
 
SYNOPSIS AS INTRODUCED:
 		













740 ILCS 5/1
  from Ch. 40, par. 1901








    Amends the Alienation of Affections Act.  Makes a technical change in a Section
concerning public policy.
















LRB094 02973 LCB 32974 b

















 


 


A BILL FOR









 











HB2163

LRB094 02973 LCB 32974 b






1
    AN ACT concerning civil law.

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Alienation of Affections Act is amended by 
5
changing Section 1 as follows:
 



6
    (740 ILCS 5/1)  (from Ch. 40, par. 1901)



7
    Sec. 1. It is hereby declared, as a matter of legislative 
8
determination,
that
that the remedy heretofore provided by law 
9
for the enforcement of the
action for alienation of affections 
10
has been subjected to grave abuses and
has been used as an 
11
instrument for blackmail by unscrupulous persons for
their 
12
unjust enrichment, due to the indefiniteness of the damages

13
recoverable in such actions and the consequent fear of persons 
14
threatened
with such actions that exorbitant damages might be 
15
assessed against them.
It is also hereby declared that the 
16
award of monetary damages in such
actions is ineffective as a 
17
recompense for genuine mental or emotional
distress. 
18
Accordingly, it is hereby declared as the public policy of the

19
state that the best interests of the people of the state will 
20
be served by
limiting the damages recoverable in such actions 
21
and by leaving any
punishment of wrongdoers guilty of 
22
alienation of affections to proceedings
under the criminal laws 
23
of the state, rather than to the imposition of
punitive, 
24
exemplary, vindictive, or aggravated damages in actions for

25
alienation of affections. Consequently, in the public 
26
interest, the
necessity for the enactment of this chapter is 
27
hereby declared as a matter
of legislative determination.
28
(Source: Laws 1947, p. 796.)