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|[ Engrossed ]||[ House Amendment 001 ]||[ Senate Amendment 001 ]|
92_SB1014 LRB9203136RCdv 1 AN ACT in relation to tort immunity. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Local Governmental and Governmental 5 Employees Tort Immunity Act is amended by adding Section 6 3-106.5 as follows: 7 (745 ILCS 10/3-106.5 new) 8 Sec. 3-106.5. Injury to bicyclists. A local public 9 entity is not immune under this Article for an injury to a 10 bicyclist who is using any portion or segment of a street or 11 highway on which bicyclists are permitted to ride under 12 applicable law or local ordinance if (i) that injury is 13 caused by a condition that is not reasonably safe for use by 14 motor vehicles in the exercise of ordinary care and (ii) the 15 local public entity has actual or constructive notice of the 16 existence of that condition in reasonably adequate time prior 17 to an injury to have taken measures to remedy or protect 18 against that condition. Neither a local public entity nor a 19 public employee, however, is liable for an injury to a 20 bicyclist who is using any portion or segment of a street or 21 highway that is designated as a bicycle lane or bicycle route 22 unless the local public entity or public employee is guilty 23 of willful and wanton conduct. 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.
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