State of Illinois
90th General Assembly
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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

90_SB0843enr

      745 ILCS 10/3-108         from Ch. 85, par. 3-108
          Amends the Local Governmental and Governmental  Employees
      Tort  Immunity Act.  Amends language providing that neither a
      local public entity nor a public employee is  liable  for  an
      injury caused by a failure to supervise an activity on or the
      use  of  any  public  property.   Creates an exception in the
      case of willful and wanton conduct of a local  public  entity
      or  public  employee  that  proximately  causes  the  injury.
      Effective immediately.
                                                    LRB9001757WHmgB
SB843 Enrolled                                LRB9001757WHmgB
 1        AN  ACT  to amend the Local Governmental and Governmental
 2    Employees Tort Immunity Act by changing Section 3-108.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Local  Governmental  and  Governmental
 6    Employees  Tort  Immunity  Act is amended by changing Section
 7    3-108 as follows:
 8        (745 ILCS 10/3-108) (from Ch. 85, par. 3-108)
 9        Sec. 3-108. (a) Except as otherwise provided by this  Act
10    and  subject to subdivision (b) Neither a local public entity
11    nor a public employee is liable for an  injury  caused  by  a
12    failure  to supervise an activity on or the use of any public
13    property unless the local public entity or public employee is
14    guilty of willful and wanton conduct proximately causing  the
15    injury.
16        (b)  Where  a  local  public  entity  or  public employee
17    designates a part of public property to be used for  purposes
18    of  swimming  and establishes and designates by notice posted
19    upon the premises the hours of such use, the entity or public
20    employee is liable only for an injury proximately  caused  by
21    its  failure  to  provide  supervision  during the said hours
22    posted.
23    (Source: Laws 1965, p. 2983.)
24        Section 99.  Effective date.  This Act takes effect  upon
25    becoming law.

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