Public Act 90-0805 of the 90th General Assembly
Public Act 90-0805
HB1151 Enrolled LRB9003971WHmg
AN ACT to amend the Local Governmental and Governmental
Employees Tort Immunity Act by changing Sections 1-210 and
3-108.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Local Governmental and Governmental
Employees Tort Immunity Act is amended by changing Sections
1-210 and 3-108 as follows:
(745 ILCS 10/1-210) (from Ch. 85, par. 1-210)
Sec. 1-210. "Willful and wanton conduct" as used in this
Act means a course of action which shows an actual or
deliberate intention to cause harm or which, if not
intentional, shows an utter indifference to or conscious
disregard for the safety of others or their property. This
definition shall apply in any case where a "willful and
wanton" exception is incorporated into any immunity under
this Act.
(Source: P.A. 84-1431.)
(745 ILCS 10/3-108) (from Ch. 85, par. 3-108)
Sec. 3-108. (a) Except as otherwise provided in this
Act, neither a local public entity nor a public employee who
undertakes to supervise an activity on or the use of any
public property is liable for an injury unless the local
public entity or public employee is guilty of willful and
wanton conduct in its supervision proximately causing such
injury.
(b) Except as otherwise provided in this Act, 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 unless the employee or the local
public entity has a duty to provide supervision imposed by
common law, statute, ordinance, code or regulation and the
local public entity or public employee is guilty of willful
and wanton conduct in its failure to provide supervision
proximately causing such injury. Except as otherwise provided
by this Act and subject to subdivision (b) 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.
(b) Where a local public entity or public employee
designates a part of public property to be used for purposes
of swimming and establishes and designates by notice posted
upon the premises the hours of such use, the entity or public
employee is liable only for an injury proximately caused by
its failure to provide supervision during the said hours
posted.
(Source: Laws 1965, p. 2983.)
Section 99. Effective date. This Act takes effect upon
becoming law.