Illinois General Assembly - Full Text of Public Act 095-0541

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Public Act 095-0541

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Public Act 0541 95TH GENERAL ASSEMBLY

Public Act 095-0541

SB1467 Enrolled LRB095 11094 AJO 31423 b

    AN ACT concerning civil law.

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

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

    (740 ILCS 23/5)
    Sec. 5. Discrimination prohibited.
    (a) No unit of State, county, or local government in
Illinois shall:
        (1) exclude a person from participation in, deny a
    person the benefits of,    or subject a person to
    discrimination under any program or activity on the grounds
    of that person's race, color, ~~or~~ national origin, or
    gender; or
        (2) utilize criteria or methods of administration that
    have the effect of subjecting individuals to
    discrimination because of their race, color, ~~or~~national
    origin, or gender.
    (b) Any party aggrieved by conduct that violates subsection
(a) may bring a civil lawsuit, in a federal district court or
State circuit court, against the offending unit of government.
Any State claim brought in federal district court shall be a
supplemental claim to a federal claim. This lawsuit must be
brought not later than 2 years after the violation of
subsection (a). If the court finds that a violation of
paragraph (1) or (2) of subsection (a) has occurred, the court
may award to the plaintiff actual damages. The court, as it
deems appropriate, may grant as relief any permanent or
preliminary negative or mandatory injunction, temporary
restraining order, or other order.
    (c) Upon motion, a court shall award reasonable attorneys'
fees and costs, including expert witness fees and other
litigation expenses, to a plaintiff who is a prevailing party
in any action brought:
        (1) pursuant to subsection (b); or
        (2) to enforce a right arising under the Illinois
    Constitution.
    In awarding reasonable attorneys' fees, the court shall
consider the degree to which the relief obtained relates to the
relief sought.
    (d) For the purpose of this Act, the term "prevailing
party" includes any party:
        (1) who obtains some of his or her requested relief
    through a judicial judgment in his or her favor;
        (2) who obtains some of his or her requested relief
    through any settlement agreement approved by the court; or
        (3) whose pursuit of a non-frivolous claim was a
    catalyst for a unilateral change in position by the
    opposing party relative to the relief sought.
(Source: P.A. 93-425, eff. 1-1-04; 93-750, eff. 1-1-05.)

Effective Date: 1/1/2008

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