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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:
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740 ILCS 5/1 |
from Ch. 40, par. 1901 |
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Amends the Alienation of Affections Act. Makes a technical change in a Section
concerning public policy.
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A BILL FOR
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HB2163 |
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LRB094 02973 LCB 32974 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 Alienation of Affections Act is amended by |
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| changing Section 1 as follows:
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| (740 ILCS 5/1) (from Ch. 40, par. 1901)
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| Sec. 1. It is hereby declared, as a matter of legislative |
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| determination,
that
that the remedy heretofore provided by law |
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| for the enforcement of the
action for alienation of affections |
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| has been subjected to grave abuses and
has been used as an |
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| instrument for blackmail by unscrupulous persons for
their |
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| unjust enrichment, due to the indefiniteness of the damages
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| recoverable in such actions and the consequent fear of persons |
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| threatened
with such actions that exorbitant damages might be |
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| assessed against them.
It is also hereby declared that the |
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| award of monetary damages in such
actions is ineffective as a |
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| recompense for genuine mental or emotional
distress. |
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| Accordingly, it is hereby declared as the public policy of the
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| state that the best interests of the people of the state will |
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| be served by
limiting the damages recoverable in such actions |
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| and by leaving any
punishment of wrongdoers guilty of |
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| alienation of affections to proceedings
under the criminal laws |
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| of the state, rather than to the imposition of
punitive, |
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| exemplary, vindictive, or aggravated damages in actions for
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| alienation of affections. Consequently, in the public |
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| interest, the
necessity for the enactment of this chapter is |
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| hereby declared as a matter
of legislative determination. |
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| (Source: Laws 1947, p. 796.)
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