Full Text of HB4605 102nd General Assembly
HB4605enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 8-111 and 10-102 as follows:
| 6 | | (775 ILCS 5/8-111) (from Ch. 68, par. 8-111)
| 7 | | Sec. 8-111. Court Proceedings.
| 8 | | (A) Civil Actions Commenced in Circuit Court. | 9 | | (1) Venue. Civil actions commenced in a circuit court | 10 | | pursuant to Section 7A-102 or 8B-102 shall be commenced in | 11 | | the circuit court in the county in which the civil rights | 12 | | violation was allegedly committed. | 13 | | (2) If a civil action is commenced in a circuit court, | 14 | | the form of the complaint shall be in accordance with the | 15 | | Code of Civil Procedure. | 16 | | (3) Jury Trial. If a civil action is commenced in a | 17 | | circuit court under Section 7A-102 or 8B-102 , the | 18 | | plaintiff or defendant may demand trial by jury. | 19 | | (4) Remedies. Upon the finding of a civil rights | 20 | | violation, the circuit court or jury may award any of the | 21 | | remedies set forth in Section 8A-104 or 8B-104 . | 22 | | (B) Judicial Review. | 23 | | (1) Any
complainant or respondent may apply for and |
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| 1 | | obtain judicial review of a
final order of the Commission | 2 | | entered under this Act by filing
a petition
for review in | 3 | | the Appellate Court within 35 days from the date that a | 4 | | copy of
the decision sought to be reviewed was served upon | 5 | | the party affected by the
decision.
If a 3-member panel or | 6 | | the full Commission finds that an interlocutory
order | 7 | | involves a question of law as to which there is | 8 | | substantial ground for
difference of opinion and that an | 9 | | immediate appeal from the order may
materially advance the | 10 | | ultimate termination of the litigation, any party may
| 11 | | petition the Appellate Court for permission to appeal the | 12 | | order. The procedure
for obtaining the required Commission | 13 | | findings and the permission of the
Appellate Court shall | 14 | | be governed by Supreme Court Rule 308, except the
| 15 | | references to the "trial court" shall be understood as | 16 | | referring to the
Commission.
| 17 | | (2) In any proceeding brought for judicial review, the
| 18 | | Commission's findings
of fact shall be sustained unless | 19 | | the
court determines that such findings
are contrary to | 20 | | the manifest weight of the evidence.
| 21 | | (3) Venue. Proceedings for judicial review shall be | 22 | | commenced in the
appellate court for the district wherein | 23 | | the civil rights violation which is the subject of the | 24 | | Commission's order was
allegedly committed.
| 25 | | (C) Judicial Enforcement.
| 26 | | (1) When the Commission, at the instance of
the |
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| 1 | | Department or an aggrieved party, concludes that any | 2 | | person has violated
a valid order of the Commission issued | 3 | | pursuant to this Act, and the violation
and its effects | 4 | | are not promptly corrected, the Commission, through a | 5 | | panel
of 3 members, shall order the Department to commence | 6 | | an action in the name
of the People of the State of | 7 | | Illinois by complaint, alleging the violation,
attaching a | 8 | | copy of the
order of the Commission and praying for the | 9 | | issuance of an order directing
such person, his or her or | 10 | | its officers, agents, servants, successors and
assigns to | 11 | | comply with the order of the Commission.
| 12 | | (2) An aggrieved party may file a complaint for | 13 | | enforcement of a valid
order of the Commission directly in | 14 | | Circuit Court.
| 15 | | (3) Upon the commencement of an action filed under
| 16 | | paragraphs (1) or (2) of this subsection,
the court shall | 17 | | have jurisdiction
over the proceedings and power to grant | 18 | | or refuse, in whole or in part,
the relief sought or impose | 19 | | such other remedy as the court may deem proper.
| 20 | | (4) The court may stay an order of the Commission in | 21 | | accordance with the
applicable Supreme Court rules, | 22 | | pending disposition of the proceedings.
| 23 | | (5) The court may punish for any violation of its | 24 | | order as in the
case of civil contempt.
| 25 | | (6) Venue. Proceedings for judicial enforcement of a | 26 | | Commission order
shall be commenced in the circuit court |
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| 1 | | in the county wherein the civil
rights violation which is | 2 | | the subject of the Commission's order was committed.
| 3 | | (D) Limitation. Except as otherwise provided by law, no | 4 | | court of this
state shall have jurisdiction over the subject | 5 | | of an alleged civil rights
violation other than as set forth in | 6 | | this Act.
| 7 | | (E) This amendatory Act of 1996 applies to causes of | 8 | | action filed on or
after January 1, 1996.
| 9 | | (F) The changes made to this Section by this amendatory | 10 | | Act of the 95th General Assembly apply to charges or | 11 | | complaints filed with the Department or the Commission on or
| 12 | | after the effective date of those changes.
| 13 | | (Source: P.A. 101-661, eff. 4-2-21.)
| 14 | | (775 ILCS 5/10-102) (from Ch. 68, par. 10-102)
| 15 | | Sec. 10-102. Court Actions. | 16 | | (A) Circuit Court Actions. | 17 | | (1) An
aggrieved party may commence a civil action in | 18 | | an appropriate Circuit
Court not later than 2 years after | 19 | | the occurrence or the termination of an
alleged civil | 20 | | rights violation or the breach of a conciliation or
| 21 | | settlement agreement entered into under this Act, | 22 | | whichever occurs last,
to obtain appropriate relief with | 23 | | respect to the alleged civil rights violation
or breach. | 24 | | The plaintiff or defendant may demand trial by jury for | 25 | | civil actions brought under this subsection. Venue for |
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| 1 | | such civil action shall be determined under Section | 2 | | 8-111(A)(1).
| 3 | | (2) The computation of such 2-year period shall not | 4 | | include any time
during which an administrative proceeding | 5 | | under this Act was pending with
respect to a complaint or | 6 | | charge under this Act based upon the alleged
civil rights | 7 | | violation. This paragraph does not apply to
actions | 8 | | arising from a breach of a conciliation or settlement | 9 | | agreement.
| 10 | | (3) An aggrieved party may commence a civil action | 11 | | under this
subsection whether or not a charge has been | 12 | | filed under Section 7B-102 and
without regard to the | 13 | | status of any such charge, however, if the Department or
| 14 | | local agency has obtained a conciliation or settlement | 15 | | agreement with the
consent of an aggrieved party, no | 16 | | action may be filed under this subsection
by such | 17 | | aggrieved party with respect to the alleged civil rights | 18 | | violation
practice which forms the basis for such | 19 | | complaint except for the purpose of
enforcing the terms of | 20 | | such conciliation or settlement agreement.
| 21 | | (4) An aggrieved party shall not commence a civil | 22 | | action under this
subsection with respect to an alleged | 23 | | civil rights violation which
forms the basis of a | 24 | | complaint issued by the Department if a
hearing officer | 25 | | has commenced a hearing on the record under
Article 3 of | 26 | | this Act with respect to such complaint.
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| 1 | | (B) Appointment of Attorney by Court. Upon application by | 2 | | a person
alleging a civil rights violation or a person against | 3 | | whom
the civil rights violation is alleged, if in the opinion | 4 | | of the court such
person is financially unable to bear the | 5 | | costs of such action, the court may:
| 6 | | (1) appoint an attorney for such person, any attorney | 7 | | so appointed may
petition for an award of attorneys fees | 8 | | pursuant to subsection (C)(2) of this Section; or
| 9 | | (2) authorize the commencement or continuation of a | 10 | | civil action under
subsection (A) without the payment of | 11 | | fees, costs, or security.
| 12 | | (C) Relief which may be granted. | 13 | | (1) In a civil action under
subsection (A) if the | 14 | | court finds that a civil rights violation
has occurred or | 15 | | is about to occur, the court may award to the plaintiff
| 16 | | actual and punitive damages, and may grant as relief, as | 17 | | the court deems
appropriate, any permanent or preliminary | 18 | | injunction, temporary restraining
order, or other order, | 19 | | including an order enjoining the defendant from
engaging | 20 | | in such civil rights violation or ordering such | 21 | | affirmative action
as may be appropriate.
| 22 | | (2) In a civil action under subsection (A), the court, | 23 | | in its
discretion, may allow the prevailing party, other | 24 | | than the State of
Illinois, reasonable attorneys fees and | 25 | | costs.
The State of Illinois shall be liable for such fees | 26 | | and costs to the same
extent as a private person.
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| 1 | | (D) Intervention By The Department. The Attorney General | 2 | | of Illinois
may intervene on behalf of the Department if the | 3 | | Department certifies that
the case is of general public | 4 | | importance. Upon such intervention the court
may award such | 5 | | relief as is authorized to be granted to a plaintiff in a
civil | 6 | | action under Section 10-102(C).
| 7 | | (Source: P.A. 101-661, eff. 4-2-21.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law. |
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