SB1865sam003 95TH GENERAL ASSEMBLY

Sen. Michael Noland

Filed: 4/11/2008

09500SB1865sam003 LRB095 13745 LCT 49418 a

AMENDMENT TO SENATE BILL 1865

AMENDMENT NO. ______. Amend Senate Bill 1865, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Parental Responsibility Law is amended by changing Sections 3 and 5 as follows:

(740 ILCS 115/3) (from Ch. 70, par. 53)

Sec. 3. Liability. The parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian is liable for actual damages for the wilful or malicious acts of such minor which cause injury to a person or property, including damages caused by a minor who has been adjudicated a delinquent for violating Section 21-1.3 of the Criminal Code of 1961. Reasonable attorney's fees may be awarded to any a plaintiff that is not a governmental unit in any action under this Act. If the plaintiff is a governmental unit, reasonable attorney's fees may be awarded up to $15,000.

The changes to this Section made by this amendatory Act of the 95th General Assembly apply to causes of action accruing on or after its effective date.

(Source: P.A. 90-311, eff. 1-1-98.)

(740 ILCS 115/5) (from Ch. 70, par. 55)

Sec. 5. Limitation on damages; damages allowable. No recovery under this Act may exceed $20,000 actual damages for each person, or legal entity as provided in Section 4 of this Act, for the first act or each occurrence of such wilful or malicious acts by the minor causing injury, and $30,000 if a pattern or practice of wilful or malicious acts by a minor exists for a separate act or occurrence, in addition to taxable court costs and attorney's fees. In determining the damages to be allowed in an action under this Act for personal injury, only medical, dental and hospital expenses and expenses for treatment by Christian Science practitioners and nursing care appropriate thereto may be considered.

The changes to this Section made by this amendatory Act of the 95th General Assembly apply to causes of action accruing on or after its effective date.

(Source: P.A. 94-130, eff. 7-7-05.)".