093_HB2330enr

 
HB2330 Enrolled                      LRB093 08351 LRD 08570 b

 1        AN ACT concerning civil rights.

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

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Illinois Civil Rights Act of 2003.

 6        Section 5.  Discrimination prohibited.
 7        (a)  No unit of State, county,  or  local  government  in
 8    Illinois shall:
 9             (1)  exclude  a person from participation in, deny a
10        person  the  benefits  of,   or  subject  a   person   to
11        discrimination  under  any  program  or  activity  on the
12        grounds of that person's race, color, or national origin;
13        or
14             (2)  utilize criteria or methods  of  administration
15        that   have  the  effect  of  subjecting  individuals  to
16        discrimination because of their race, color, or  national
17        origin.
18        (b)  Any   party   aggrieved  by  conduct  that  violates
19    subsection (a) may bring a civil lawsuit, in a State  circuit
20    court, against the offending unit of government. This lawsuit
21    must be brought not later than 2 years after the violation of
22    subsection  (a).  If  the  court  finds  that  a violation of
23    paragraph (1) of subsection (a) has occurred,  the court  may
24    award to the plaintiff actual and punitive damages and if the
25    court  finds  that a violation of paragraph (2) of subsection
26    (a) has occurred, the court may award to the plaintiff actual
27    damages. The court, as it deems  appropriate,  may  grant  as
28    relief  any  permanent  or  preliminary injunction, temporary
29    restraining  order,  or  other  order,  including  an   order
30    enjoining  the  defendant  from  engaging in the violation of
31    subsection (a) or mandating affirmative action.
 
HB2330 Enrolled             -2-      LRB093 08351 LRD 08570 b
 1        (c)  Upon  motion,  a  court   shall   award   reasonable
 2    attorneys'  fees and costs, including expert witness fees and
 3    other litigation expenses, to a plaintiff who is a prevailing
 4    party in any action brought:
 5             (1)  pursuant to subsection (b); or
 6             (2)  to enforce a right arising under  the  Illinois
 7        Constitution.
 8        In  awarding  reasonable attorneys' fees, the court shall
 9    consider the degree to which the relief obtained  relates  to
10    the relief sought.
11        (d)  For  the  purpose  of this Act, the term "prevailing
12    party" includes any party:
13             (1)  who obtains some of his or her requested relief
14        through a judicial judgment in his or her favor;
15             (2)  who obtains some of his or her requested relief
16        through any settlement agreement approved by  the  court;
17        or
18             (3)  whose  pursuit  of  a non-frivolous claim was a
19        catalyst for a  unilateral  change  in  position  by  the
20        opposing party relative to the relief sought.