SB0257sam001 94TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 4/7/2005

09400SB0257sam001 LRB094 07724 LCB 44464 a

AMENDMENT TO SENATE BILL 257

AMENDMENT NO. ______. Amend Senate Bill 257 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Civil Rights Act of 2003 is amended by adding Section 10 as follows:

(740 ILCS 23/10 new)

Sec. 10. Private cause of action.

(a) Any person who is subjected to a violation of the Illinois Constitution may bring a civil lawsuit, in a State circuit court or a federal district court, against the offending governmental unit or governmental person.

(b) Any claim brought pursuant to subsection (a) of this Section must be brought no later than 2 years after the violation of the Illinois Constitution.

(c) If the court finds that a violation of the Illinois Constitution has occurred, the court may award the plaintiff:

(1) actual damages;

(2) punitive damages, but only against a governmental person when he or she is sued in his or her individual capacity;

(3) a declaratory judgment;

(4) any permanent or preliminary negative or mandatory injunction, temporary restraining order, or other order; and

(5) reasonable attorneys' fees and costs, as set forth in subsections (c) and (d) of Section 5 of this Act.

(d) The cause of action provided for in subsection (a) of this Section shall not include a cause of action for a violation of Section 17 of Article I of the Illinois Constitution.

(e) For purposes of this Section:

"Governmental unit" means any unit of State, county, or local government in Illinois, both as to: (i) its own actions, including through any statutes, ordinances, regulations, policies, practices, and procedures; and (ii) the actions of any of its officers, employees, or agents while they are acting within the scope of their employment.

"Governmental person" means any officer, employee, or agent of any unit of State, county, or local government in Illinois.".