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91_HB4303
LRB9110862DJsbA
1 AN ACT to amend the Illinois Human Rights Act by changing
2 the heading of Article 1 and adding Section 1-102.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Human Rights Act is amended by
6 changing the heading of Article 1 and adding Section 1-102.5
7 as follows:
8 (775 ILCS 5/Art. 1 heading)
9 ARTICLE 1. GENERAL PROVISIONS TITLE, POLICY AND DEFINITIONS
10 (775 ILCS 5/1-102.5 new)
11 Sec. 1-102.5. Tort claims.
12 (a) If the elements of a tort claim require proof of any
13 fact or element in addition to the facts or elements
14 prescribed by this Act for a charge under this Act, this Act
15 does not preempt the filing of an additional action or claim
16 based on that tort claim in an appropriate court, even if
17 that tort claim is inextricably linked to an alleged civil
18 rights violation under this Act. If a tort claim and a
19 charge under this Act have the same elements and require
20 proof of the same facts, this Act preempts the filing of an
21 action based on that tort claim in any court.
22 (b) This Section applies to a charge pending before the
23 Department or the Commission on or after this Section's
24 effective date, unless this Section (i) takes away or impairs
25 a vested right that was acquired under existing law or (ii)
26 with regard to a past transaction or past consideration,
27 creates a new obligation, imposes a new duty, or attaches a
28 new disability.
29 Section 99. Effective date. This Act takes effect upon
-2- LRB9110862DJsbA
1 becoming law.