Sen. Don Harmon
Filed: 4/7/2005
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 257




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    AMENDMENT NO. ______. Amend Senate Bill 257 by replacing 
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everything after the enacting clause with the following:

 
 
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    "Section 5. The Illinois Civil Rights Act of 2003 is 
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amended by adding Section 10 as follows:
 
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    (740 ILCS 23/10 new)

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    Sec. 10. Private cause of action.
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    (a) Any person who is subjected to a violation of the 
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Illinois Constitution may bring a civil lawsuit, in a State 
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circuit court or a federal district court, against the 
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offending governmental unit or governmental person.
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    (b)  Any claim brought pursuant to subsection (a) of this 
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Section must be brought no later than 2

            years after the 
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violation of the Illinois Constitution.

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    (c)     If the court finds that a violation of the Illinois 
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Constitution has occurred, the court may award the plaintiff:

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        (1)     actual damages;

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        (2)    punitive damages, but only against a governmental 
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    person when he or she is sued in his or her individual 
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    capacity;

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        (3)   a declaratory judgment;

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        (4)    any permanent or preliminary negative or mandatory 
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    injunction, temporary restraining order, or other order; 
 


 






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    and

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        (5)     reasonable attorneys' fees and

costs, as set forth 
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    in subsections (c) and (d) of Section 5 of this Act.

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    (d) The cause of action provided for in subsection (a) of 
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this Section shall not include a cause of action    for a 
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violation of Section 17 of Article I of the Illinois 
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Constitution.

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    (e) For purposes of this Section:

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    "Governmental unit" means any unit of State, county, or 
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local government in Illinois, both as to: (i) its own actions, 
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including through any statutes, ordinances, regulations, 
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policies,

            practices, and procedures; and  (ii) the actions of 
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any of its officers, employees, or agents while they are acting 
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within the scope of their employment.

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    "Governmental person" means any officer, employee, or 
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agent of any unit of State, county, or local government in 
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Illinois.".