Illinois General Assembly - Full Text of SB2946
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Full Text of SB2946  93rd General Assembly



SB2946 Enrolled LRB093 19269 LCB 45004 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 5. The Illinois Civil Rights Act of 2003 is amended
5 by changing Section 5 as follows:
6     (740 ILCS 23/5)
7     Sec. 5. Discrimination prohibited.
8     (a) No unit of State, county, or local government in
9 Illinois shall:
10         (1) exclude a person from participation in, deny a
11     person the benefits of,     or subject a person to
12     discrimination under any program or activity on the grounds
13     of that person's race, color, or national origin; or
14         (2) utilize criteria or methods of administration that
15     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 subsection
19 (a) may bring a civil lawsuit, in a federal district court or
20 State circuit court, against the offending unit of government.
21 Any State claim brought in federal district court shall be a
22 supplemental claim to a federal claim. This lawsuit must be
23 brought not later than 2 years after the violation of
24 subsection (a). If the court finds that a violation of
25 paragraph (1) or (2) of subsection (a) has occurred, the court
26 may award to the plaintiff actual and punitive damages and if
27 the court finds that a violation of paragraph (2) of subsection
28 (a) has occurred, the court may award to the plaintiff actual
29 damages. The court, as it deems appropriate, may grant as
30 relief any permanent or preliminary negative or mandatory
31 injunction, temporary restraining order, or other order,
32 including an order enjoining the defendant from engaging in the



SB2946 Enrolled - 2 - LRB093 19269 LCB 45004 b

1 violation of subsection (a) or mandating affirmative action.
2     (c) Upon motion, a court shall award reasonable attorneys'
3 fees and costs, including expert witness fees and other
4 litigation expenses, to a plaintiff who is a prevailing party
5 in any action brought:
6         (1) pursuant to subsection (b); or
7         (2) to enforce a right arising under the Illinois
8     Constitution.
9     In awarding reasonable attorneys' fees, the court shall
10 consider the degree to which the relief obtained relates to the
11 relief sought.
12     (d) For the purpose of this Act, the term "prevailing
13 party" includes any party:
14         (1) who obtains some of his or her requested relief
15     through a judicial judgment in his or her favor;
16         (2) who obtains some of his or her requested relief
17     through any settlement agreement approved by the court; or
18         (3) whose pursuit of a non-frivolous claim was a
19     catalyst for a unilateral change in position by the
20     opposing party relative to the relief sought.
21 (Source: P.A. 93-425, eff. 1-1-04.)