Public Act 095-0914
 
SB1865 Enrolled LRB095 13745 DRJ 39472 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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.)

Effective Date: 1/1/2009