Sen. Michael Noland

Filed: 4/11/2008

 

 


 

 


 
09500SB1865sam003 LRB095 13745 LCT 49418 a

1
AMENDMENT TO SENATE BILL 1865

2     AMENDMENT NO. ______. Amend Senate Bill 1865, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Parental Responsibility Law is amended by
6 changing Sections 3 and 5 as follows:
 
7     (740 ILCS 115/3)  (from Ch. 70, par. 53)
8     Sec. 3. Liability. The parent or legal guardian of an
9 unemancipated minor who resides with such parent or legal
10 guardian is liable for actual damages for the wilful or
11 malicious acts of such minor which cause injury to a person or
12 property, including damages caused by a minor who has been
13 adjudicated a delinquent for violating Section 21-1.3 of the
14 Criminal Code of 1961. Reasonable attorney's fees may be
15 awarded to any a plaintiff that is not a governmental unit in
16 any action under this Act. If the plaintiff is a governmental

 

 

09500SB1865sam003 - 2 - LRB095 13745 LCT 49418 a

1 unit, reasonable attorney's fees may be awarded up to $15,000.
2     The changes to this Section made by this amendatory Act of
3 the 95th General Assembly apply to causes of action accruing on
4 or after its effective date.
5 (Source: P.A. 90-311, eff. 1-1-98.)
 
6     (740 ILCS 115/5)  (from Ch. 70, par. 55)
7     Sec. 5. Limitation on damages; damages allowable. No
8 recovery under this Act may exceed $20,000 actual damages for
9 each person, or legal entity as provided in Section 4 of this
10 Act, for the first act or each occurrence of such wilful or
11 malicious acts by the minor causing injury, and $30,000 if a
12 pattern or practice of wilful or malicious acts by a minor
13 exists for a separate act or occurrence, in addition to taxable
14 court costs and attorney's fees. In determining the damages to
15 be allowed in an action under this Act for personal injury,
16 only medical, dental and hospital expenses and expenses for
17 treatment by Christian Science practitioners and nursing care
18 appropriate thereto may be considered.
19     The changes to this Section made by this amendatory Act of
20 the 95th General Assembly apply to causes of action accruing on
21 or after its effective date.
22 (Source: P.A. 94-130, eff. 7-7-05.)".