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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5299
Introduced 02/06/04, by Michael J. Madigan SYNOPSIS AS INTRODUCED:
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740 ILCS 5/1 |
from Ch. 40, par. 1901 |
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Amends the Alienation of Affections Act. Makes technical changes in a Section
concerning public policy.
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A BILL FOR
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HB5299 |
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LRB093 17083 LCB 42749 b |
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| AN ACT in relation to civil liabilities.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Alienation of Affections Act is amended by |
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| changing Section 1
as follows:
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| (740 ILCS 5/1) (from Ch. 40, par. 1901)
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| Sec. 1. Public policy. It is hereby declared, as a matter |
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| of
legislative determination,
that the remedy heretofore |
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| provided by law for the enforcement of the
action for |
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| alienation of affections has been subjected to grave abuses and
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| has been used as an instrument for blackmail by unscrupulous |
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| persons for
their unjust enrichment, due to the indefiniteness |
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| of the damages
recoverable in such actions and the consequent |
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| fear of persons threatened
with such actions that exorbitant |
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| damages might be assessed against them.
It is also hereby |
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| declared that the award of monetary damages in such
actions is |
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| ineffective as a recompense for genuine mental or emotional
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| distress. Accordingly, it is hereby declared as the public |
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| policy of the
state that the best interests of the people of |
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| the state will be served by
limiting the damages recoverable in |
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| such actions and by leaving any
punishment of wrongdoers guilty |
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| of alienation of affections to proceedings
under the criminal |
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| laws of the state, rather than to the imposition of
punitive, |
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| exemplary, vindictive, or aggravated damages in actions for
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| alienation of affections. Consequently, in the public |
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| interest, the
necessity for the enactment of this chapter is |
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| hereby declared as a matter
of legislative determination.
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| (Source: Laws 1947, p. 796.)
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