093_HB2330

 
                                     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  or
20    federal court, against the offending unit of government. This
21    lawsuit  must  be  brought  not  later than 2 years after the
22    violation of subsection  (a).  If  the  court  finds  that  a
23    violation  of  subsection  (a)  has  occurred  or is about to
24    occur, the court  may  award  to  the  plaintiff  actual  and
25    punitive damages, and may grant as relief, as the court deems
26    appropriate,   any   permanent   or  preliminary  injunction,
27    temporary restraining order, or  other  order,  including  an
28    order enjoining the defendant from engaging in that violation
29    of  subsection  (a)  or ordering affirmative action as may be
30    appropriate.
31        (c)  Upon motion, a court shall award attorneys' fees and

 
                            -2-      LRB093 08351 LRD 08570 b
 1    costs, including expert witness  fees  and  other  litigation
 2    expenses,  to  a  plaintiff  who is a prevailing party in any
 3    action brought:
 4             (1)  pursuant to subsection (b); or
 5             (2)  to enforce a right arising under  the  Illinois
 6        Constitution.
 7        (d)  For  the  purpose  of this Act, the term "prevailing
 8    party" includes any party:
 9             (1)  who obtains some of his or her requested relief
10        through a judicial judgment in his or her favor;
11             (2)  who obtains some of his or her requested relief
12        through any settlement agreement; or
13             (3)  whose  pursuit  of  a  nonfrivolous  claim   or
14        defense  was  a  catalyst  for  a voluntary or unilateral
15        change in position by the opposing  party  that  provides
16        any part of the relief sought.