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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0766
Introduced 2/1/2005, by Rep. Randall M. Hultgren SYNOPSIS AS INTRODUCED:
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740 ILCS 115/5 |
from Ch. 70, par. 55 |
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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.
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A BILL FOR
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HB0766 |
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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.
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