HB4138 98TH GENERAL ASSEMBLY

LRB098 15693 HEP 50724 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4138

Introduced , by Rep. Michael J. Madigan

SYNOPSIS AS INTRODUCED:

740 ILCS 5/1

from Ch. 40, par. 1901

Amends the Alienation of Affections Act. Makes a technical change in a Section concerning public policy.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Alienation of Affections Act is amended by changing Section 1 as follows:

(740 ILCS 5/1) (from Ch. 40, par. 1901)

Sec. 1. It is hereby declared, as a matter of legislative determination, that that the remedy heretofore provided by law for the enforcement of the action for alienation of affections has been subjected to grave abuses and has been used as an instrument for blackmail by unscrupulous persons for their unjust enrichment, due to the indefiniteness of the damages recoverable in such actions and the consequent fear of persons threatened with such actions that exorbitant damages might be assessed against them. It is also hereby declared that the award of monetary damages in such actions is ineffective as a recompense for genuine mental or emotional distress. Accordingly, it is hereby declared as the public policy of the state that the best interests of the people of the state will be served by limiting the damages recoverable in such actions and by leaving any punishment of wrongdoers guilty of alienation of affections to proceedings under the criminal laws of the state, rather than to the imposition of punitive, exemplary, vindictive, or aggravated damages in actions for alienation of affections. Consequently, in the public interest, the necessity for the enactment of this chapter is hereby declared as a matter of legislative determination.

(Source: Laws 1947, p. 796.)