Illinois General Assembly - Full Text of SB1467
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Full Text of SB1467  95th General Assembly



SB1467 Enrolled LRB095 11094 AJO 31423 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 Illinois Civil Rights Act of 2003 is amended
5 by changing Section 5 as follows:
6     (740 ILCS 23/5)
7     Sec. 5. Discrimination prohibited.
8     (a) No unit of State, county, or local government in
9 Illinois shall:
10         (1) exclude a person from participation in, deny a
11     person the benefits of,     or subject a person to
12     discrimination under any program or activity on the grounds
13     of that person's race, color, or national origin, or
14     gender; or
15         (2) utilize criteria or methods of administration that
16     have the effect of subjecting individuals to
17     discrimination because of their race, color, or national
18     origin, or gender.
19     (b) Any party aggrieved by conduct that violates subsection
20 (a) may bring a civil lawsuit, in a federal district court or
21 State circuit court, against the offending unit of government.
22 Any State claim brought in federal district court shall be a
23 supplemental claim to a federal claim. This lawsuit must be



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1 brought not later than 2 years after the violation of
2 subsection (a). If the court finds that a violation of
3 paragraph (1) or (2) of subsection (a) has occurred, the court
4 may award to the plaintiff actual damages. The court, as it
5 deems appropriate, may grant as relief any permanent or
6 preliminary negative or mandatory injunction, temporary
7 restraining order, or other order.
8     (c) Upon motion, a court shall award reasonable attorneys'
9 fees and costs, including expert witness fees and other
10 litigation expenses, to a plaintiff who is a prevailing party
11 in any action brought:
12         (1) pursuant to subsection (b); or
13         (2) to enforce a right arising under the Illinois
14     Constitution.
15     In awarding reasonable attorneys' fees, the court shall
16 consider the degree to which the relief obtained relates to the
17 relief sought.
18     (d) For the purpose of this Act, the term "prevailing
19 party" includes any party:
20         (1) who obtains some of his or her requested relief
21     through a judicial judgment in his or her favor;
22         (2) who obtains some of his or her requested relief
23     through any settlement agreement approved by the court; or
24         (3) whose pursuit of a non-frivolous claim was a
25     catalyst for a unilateral change in position by the
26     opposing party relative to the relief sought.



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1 (Source: P.A. 93-425, eff. 1-1-04; 93-750, eff. 1-1-05.)