Illinois General Assembly - Full Text of HB2330
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Full Text of HB2330  93rd General Assembly

HB2330ham002 93rd General Assembly


093_HB2330ham002

 










                                     LRB093 08351 LRD 14062 a

 1                    AMENDMENT TO HOUSE BILL 2330

 2        AMENDMENT NO.     .  Amend House Bill 2330  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Illinois Civil Rights Act of 2003.

 6        Section 5.  Discrimination prohibited.
 7        (a)  No unit of State, county,  or  local  government  in
 8    Illinois shall:
 9             (1)  exclude  a person from participation in, deny a
10        person  the  benefits  of,   or  subject  a   person   to
11        discrimination  under  any  program  or  activity  on the
12        grounds of that person's race, color, or national origin;
13        or
14             (2)  utilize criteria or methods  of  administration
15        that   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
19    subsection (a) may bring a civil lawsuit, in a State  circuit
20    court, against the offending unit of government. This lawsuit
21    must be brought not later than 2 years after the violation of
22    subsection  (a).  If  the  court  finds  that  a violation of
 
                            -2-      LRB093 08351 LRD 14062 a
 1    paragraph (1) of subsection (a) has occurred,  the court  may
 2    award to the plaintiff actual and punitive damages and if the
 3    court  finds  that a violation of paragraph (2) of subsection
 4    (a) has occurred, the court may award to the plaintiff actual
 5    damages. The court, as it deems  appropriate,  may  grant  as
 6    relief  any  permanent  or  preliminary injunction, temporary
 7    restraining  order,  or  other  order,  including  an   order
 8    enjoining  the  defendant  from  engaging in the violation of
 9    subsection (a) or mandating affirmative action.
10        (c)  Upon  motion,  a  court   shall   award   reasonable
11    attorneys'  fees and costs, including expert witness fees and
12    other litigation expenses, to a plaintiff who is a prevailing
13    party in any action brought:
14             (1)  pursuant to subsection (b); or
15             (2)  to enforce a right arising under  the  Illinois
16        Constitution.
17        In  awarding  reasonable attorneys' fees, the court shall
18    consider the degree to which the relief obtained  relates  to
19    the relief sought.
20        (d)  For  the  purpose  of this Act, the term "prevailing
21    party" includes any party:
22             (1)  who obtains some of his or her requested relief
23        through a judicial judgment in his or her favor;
24             (2)  who obtains some of his or her requested relief
25        through any settlement agreement approved by  the  court;
26        or
27             (3)  whose  pursuit  of  a non-frivolous claim was a
28        catalyst for a  unilateral  change  in  position  by  the
29        opposing party relative to the relief sought.".