State of Illinois
92^nd General Assembly
Legislation

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92_HB4354eng

 
HB4354 Engrossed                               LRB9214093REpk

 1        AN ACT concerning civil immunities.

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

 4        Section  5.   The  Local  Governmental  and  Governmental
 5    Employees Tort Immunity Act is amended  by  changing  Section
 6    2-302 as follows:

 7        (745 ILCS 10/2-302) (from Ch. 85, par. 2-302)
 8        Sec. 2-302.  If any claim or action is instituted against
 9    an  employee  of  a  local  public  entity based on an injury
10    allegedly arising out of an act or omission occurring  within
11    the  scope of his employment as such employee, the entity may
12    elect to do any one or more of the following:
13        (a)  Appear and defend against the claim or action;
14        (b)  Indemnify the employee or former  employee  for  his
15    court  costs or reasonable attorney's fees, or both, incurred
16    in the defense of such claim or action;
17        (c)  Pay, or indemnify the employee  or  former  employee
18    for a judgment based on such claim or action, or
19        (d)  Pay,  or  indemnify  the employee or former employee
20    for, a compromise or settlement of such a claim or action.
21        It is hereby declared to be the  public  policy  of  this
22    State,  however,  that  no  local  public entity may elect to
23    indemnify  an  employee  for  any  portion  of   a   judgment
24    representing an award of punitive or exemplary damages.
25    (Source: P.A. 84-1431.)

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

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