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90_SB0511
740 ILCS 115/3 from Ch. 70, par. 53
740 ILCS 115/5 from Ch. 70, par. 55
Amends the Parental Responsibility Law. Provides that
reasonable attorney's fees may be awarded to a plaintiff that
is not a governmental unit in an action under the Act.
Increases the maximum recovery under the Act from $1,000 to
$2,500.
LRB9002793RCks
LRB9002793RCks
1 AN ACT to amend the Parental Responsibility Law by
2 changing Sections 3 and 5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Parental Responsibility Law is amended by
6 changing Sections 3 and 5 as follows:
7 (740 ILCS 115/3) (from Ch. 70, par. 53)
8 Sec. 3. Liability. The parent or legal guardian of an
9 unemancipated minor who resides with such parent or legal
10 guardian is liable for actual damages for the wilful or
11 malicious acts of such minor which cause injury to a person
12 or property, including damages caused by a minor who has been
13 adjudicated a delinquent for violating Section 21-1.3 of the
14 Criminal Code of 1961. Reasonable attorney's fees may be
15 awarded to a plaintiff that is not a governmental unit in any
16 action under this Act.
17 (Source: P.A. 88-406.)
18 (740 ILCS 115/5) (from Ch. 70, par. 55)
19 Sec. 5. Limitation on damages; damages allowable. No
20 recovery under this Act may exceed $2,500 $1,000 actual
21 damages for each person, or legal entity as provided in
22 Section 4 of this Act, for each occurrence of such wilful or
23 malicious acts by the minor causing injury, in addition to
24 taxable court costs and attorney's fees. In determining the
25 damages to be allowed in an action under this Act for
26 personal injury, only medical, dental and hospital expenses
27 and expenses for treatment by Christian Science practitioners
28 and nursing care appropriate thereto may be considered.
29 (Source: P.A. 81-588.)