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90_SB1628
745 ILCS 10/3-108 from Ch. 85, par. 3-108
Amends the Local Governmental and Governmental Employees
Tort Immunity Act. Makes the following changes in
provisions exempting a local public entity and its employees
from liability for an injury caused by a failure to
supervise an activity or the use of public property: (i)
creates an exception for willful and wanton conduct
proximately causing an injury; (ii) deletes language relating
specifically to areas used for swimming; and (iii) provides
that neither a local public entity nor a public employee
supervising an activity on or the use of any public property
is liable for an injury unless the local public entity or
public employee is guilty of willful and wanton conduct
proximately causing the injury. Effective immediately.
LRB9009232WHsb
LRB9009232WHsb
1 AN ACT to amend the Local Governmental and Governmental
2 Employees Tort Immunity Act by changing Section 3-108.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Local Governmental and Governmental
6 Employees Tort Immunity Act is amended by changing Section
7 3-108 as follows:
8 (745 ILCS 10/3-108) (from Ch. 85, par. 3-108)
9 Sec. 3-108. (a) Except as otherwise provided by this Act
10 and subject to subdivision (b) Neither a local public entity
11 nor a public employee is liable for an injury caused by a
12 failure to supervise an activity on or the use of any public
13 property unless the local public entity or public employee is
14 guilty of willful and wanton conduct proximately causing the
15 injury.
16 (b) Neither a local public entity nor a public employee
17 who undertakes to supervise an activity on or the use of any
18 public property is liable for an injury unless the local
19 public entity or public employee is guilty of willful and
20 wanton conduct proximately causing the injury Where a local
21 public entity or public employee designates a part of public
22 property to be used for purposes of swimming and establishes
23 and designates by notice posted upon the premises the hours
24 of such use, the entity or public employee is liable only for
25 an injury proximately caused by its failure to provide
26 supervision during the said hours posted.
27 (Source: Laws 1965, p. 2983.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.