96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1065


 
Introduced 2/6/2009, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:








  



740 ILCS 23/5










 Amends the Illinois Civil Rights Act of 2003. Makes a technical change in a
Section concerning the prohibition of discrimination by units of State, county,
or local government.
















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A BILL FOR









 











SB1065

LRB096 07136 AJO 17222 b






1
 AN ACT concerning civil law.


2
 Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


4
 Section 5. The Illinois Civil Rights Act of 2003 is amended 
5
by changing Section 5 as follows:




6
 (740 ILCS 23/5)


7
 Sec. 5. Discrimination prohibited. 

8
 (a) No unit of State, county, or local government in 
9
Illinois shall:


10
  (1) exclude a person from participation in, deny a 
11
 person the
the benefits of,
or subject a person to 
12
 discrimination under any program or activity on the
grounds

13
 of that person's race, color, national origin, or gender; 
14
 or

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  (2) utilize criteria or methods of administration that 
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 have the effect of
subjecting individuals to 
17
 discrimination because of their race, color,
national

18
 origin, or gender.

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 (b) Any party aggrieved by conduct that violates subsection 
20
(a) may bring a
civil lawsuit, in a federal district court or 
21
State circuit court, against the offending unit of
government. 
22
Any State claim brought in federal district court shall be a 
23
supplemental claim to a federal claim. This lawsuit must be 
 


 






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1
brought not later than 2 years after the
violation of 
2
subsection (a). If the court finds that a violation of 
3
paragraph
(1) or (2) of subsection (a) has occurred, the court 
4
may award to the plaintiff
actual damages. The court, as it 
5
deems appropriate, may grant as
relief any permanent or 
6
preliminary negative or mandatory injunction, temporary 
7
restraining order, or
other order.

8
 (c) Upon motion, a court shall award reasonable attorneys' 
9
fees and costs,
including expert witness fees and other 
10
litigation expenses, to a plaintiff who
is a prevailing party 
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in any action brought:


12
  (1) pursuant to subsection (b); or


13
  (2) to enforce a right arising under the Illinois 
14
 Constitution.

15
 In awarding reasonable attorneys' fees, the court shall 
16
consider the degree
to which the relief obtained relates to the 
17
relief sought.

18
 (d) For the purpose of this Act, the term "prevailing 
19
party" includes any
party:


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  (1) who obtains some of his or her requested relief 
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 through a judicial
judgment in his or her favor;


22
  (2) who obtains some of his or her requested relief 
23
 through any settlement
agreement approved by the court; or


24
  (3) whose pursuit of a non-frivolous claim was a 
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 catalyst for a unilateral
change in position by the 
26
 opposing party relative to the relief sought.

 


 






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1
(Source: P.A. 95-541, eff. 1-1-08.)