Public Act 102-0706
 
HB4605 EnrolledLRB102 24078 LNS 33299 b


  
    AN ACT concerning human rights.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
    Section 5. The Illinois Human Rights Act is amended  by 
changing Sections 8-111 and 10-102 as follows:
 



    (775 ILCS 5/8-111)  (from Ch. 68, par. 8-111)


    Sec. 8-111. Court Proceedings. 


    (A) Civil Actions Commenced in Circuit Court.
        (1) Venue.  Civil actions commenced in a circuit court 
    pursuant to Section 7A-102 or 8B-102 shall be commenced in 
    the circuit court in the county in which the civil rights 
    violation was allegedly committed.
        (2) If a civil action is commenced in a circuit court, 
    the form of the complaint shall be in accordance with the 
    Code of Civil Procedure.
        (3) Jury Trial. If a civil action is commenced in a 
    circuit court under Section 7A-102 or 8B-102, the 
    plaintiff or defendant may demand trial by jury.
        (4) Remedies.  Upon the finding of a civil rights 
    violation, the circuit court or jury may award any of the 
    remedies set forth in Section 8A-104 or 8B-104.
    (B) Judicial Review.
        (1)  Any
complainant or respondent may apply for and 
    obtain judicial review of a

final order of the Commission 
    entered under this Act by filing
a petition
for review in 
    the Appellate Court within 35 days from the date that a 
    copy of
the decision sought to be reviewed was served upon 
    the party affected by the
decision.
If a 3-member panel or 
    the full Commission finds that an interlocutory
order 
    involves a question of law as to which there is 
    substantial ground for
difference of opinion and that an 
    immediate appeal from the order may
materially advance the 
    ultimate termination of the litigation, any party may

    petition the Appellate Court for permission to appeal the 
    order. The procedure
for obtaining the required Commission 
    findings and the permission of the
Appellate Court shall 
    be governed by Supreme Court Rule 308, except the

    references to the "trial court" shall be understood as 
    referring to the
Commission.


        (2) In any proceeding brought for judicial review, the

    Commission's findings
of fact shall be sustained unless 
    the
court determines that such findings
are contrary to 
    the manifest weight of the evidence.


        (3) Venue.  Proceedings for judicial review shall be 
    commenced in the
appellate court for the district wherein 
    the civil rights violation which is the subject of the 
    Commission's order was
allegedly committed.

    (C) Judicial Enforcement.


        (1) When the Commission, at the instance of
the 
    Department or an aggrieved party, concludes that any 
    person has violated
a valid order of the Commission issued 
    pursuant to this Act, and the violation
and its effects 
    are not promptly corrected, the Commission, through a 
    panel
of 3 members, shall order the Department to commence 
    an action in the name
of the People of the State of 
    Illinois by complaint, alleging the violation,
attaching a 
    copy of the
order of the Commission and praying for the 
    issuance of an order directing
such person, his or her or 
    its officers, agents, servants, successors and
assigns to 
    comply with the order of the Commission.


        (2) An aggrieved party may file a complaint for 
    enforcement of a valid
order of the Commission directly in 
    Circuit Court.


        (3) Upon the commencement of an action filed under

    paragraphs (1) or (2) of this subsection,
the court shall 
    have jurisdiction
over the proceedings and power to grant 
    or refuse, in whole or in part,
the relief sought or impose 
    such other remedy as the court may deem proper.


        (4) The court may stay an order of the Commission in 
    accordance with the
applicable Supreme Court rules, 
    pending disposition of the proceedings.


        (5) The court may punish for any violation of its 
    order as in the
case of civil contempt.


        (6) Venue.  Proceedings for judicial enforcement of a 
    Commission order
shall be commenced in the circuit court 
    in the county wherein the civil
rights violation which is 
    the subject of the Commission's order was committed.

    (D) Limitation. Except as otherwise provided by law, no 
court of this
state shall have jurisdiction over the subject 
of an alleged civil rights
violation other than as set forth in 
this Act.

    (E) This amendatory Act of 1996 applies to causes of 
action filed on or
after January 1, 1996.

    (F) The changes made to this Section by this amendatory 
Act of the 95th General Assembly apply to charges or 
complaints filed with the Department or the Commission on or

after the  effective date of those changes.

(Source: P.A. 101-661, eff. 4-2-21.)

 



    (775 ILCS 5/10-102)  (from Ch. 68, par. 10-102)



    Sec. 10-102. Court Actions. 
    (A) Circuit Court Actions.  
        (1) An
aggrieved party may commence a civil action in 
    an appropriate Circuit
Court not later than 2 years after 
    the occurrence or the termination of an
alleged civil 
    rights violation or the breach of a conciliation or

    settlement agreement entered into under this Act, 
    whichever occurs last,
to obtain appropriate relief with 
    respect to the alleged civil rights violation
or breach. 
    The plaintiff or defendant may demand trial by jury for 
    civil actions brought under this subsection.  Venue for 
    such civil action shall be determined under Section 
    8-111(A)(1).

        (2) The computation of such 2-year period shall not 
    include any time
during which an administrative proceeding 
    under this Act was pending with
respect to a complaint or 
    charge under this Act based upon the alleged
civil rights 
    violation.  This paragraph does not apply to
actions 
    arising from a breach of a conciliation or settlement 
    agreement.

        (3) An aggrieved party may commence a civil action 
    under this
subsection whether or not a charge has been 
    filed under Section 7B-102 and
without regard to the 
    status of any such charge, however, if the Department or

    local agency has obtained a conciliation or settlement 
    agreement with the
consent of an aggrieved party, no 
    action may be filed under this subsection
by such 
    aggrieved party with respect to the alleged civil rights 
    violation
practice which forms the basis for such 
    complaint except for the purpose of
enforcing the terms of 
    such conciliation or settlement agreement.

        (4) An aggrieved party shall not commence a civil 
    action under this
subsection with respect to an alleged 
    civil rights violation which
forms the basis of a 
    complaint issued by the Department if a
hearing officer 
    has commenced a hearing on the record under
Article 3 of 
    this Act with respect to such complaint.

    (B) Appointment of Attorney by Court.  Upon application by 
a person
alleging a civil rights violation or a person against 
whom
the civil rights violation is alleged, if in the opinion 
of the court such
person is financially unable to bear the 
costs of such action, the court may:

        (1) appoint an attorney for such person, any attorney 
    so appointed may
petition for an award of attorneys fees 
    pursuant to subsection (C)(2) of this Section; or

        (2) authorize the commencement or continuation of a 
    civil action under
subsection (A) without the payment of 
    fees, costs, or security.

    (C) Relief which may be granted.  
        (1)  In a civil action under
subsection (A) if the 
    court finds that a civil rights violation
has occurred or 
    is about to occur, the court may award to the plaintiff

    actual and punitive damages, and may grant as relief, as 
    the court deems
appropriate, any permanent or preliminary 
    injunction, temporary restraining
order, or other order, 
    including an order enjoining the defendant from
engaging 
    in such civil rights violation or ordering such 
    affirmative action
as may be appropriate.

        (2) In a civil action under subsection (A), the court, 
    in its
discretion, may allow the prevailing party, other 
    than the State of
Illinois, reasonable attorneys fees and 
    costs.
The State of Illinois shall be liable for such fees 
    and costs to the same
extent as a private person.

    (D) Intervention By The Department.  The Attorney General 
of Illinois
may intervene on behalf of the Department if the 
Department certifies that
the case is of general public 
importance.  Upon such intervention the court
may award such 
relief as is authorized to be granted to a plaintiff in a
civil 
action under Section 10-102(C).

(Source: P.A. 101-661, eff. 4-2-21.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.