SB2946sam001 93RD GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 2/24/2004

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AMENDMENT TO SENATE BILL 2946

AMENDMENT NO. ______. Amend Senate Bill 2946 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Civil Rights Act of 2003 is amended by changing Section 5 as follows:

(740 ILCS 23/5)

Sec. 5. Discrimination prohibited.

(a) No unit of State, county, or local government in Illinois shall will:

(1) exclude a person from participation in, deny a person the benefits of, or subject a person to discrimination under any program or activity on the grounds of that person's race, color, or national origin; or

(2) utilize criteria or methods of administration that have the effect of subjecting individuals to discrimination because of their race, color, or national origin.

(b) Any party aggrieved by conduct that violates subsection (a) may bring a civil lawsuit, in a State circuit court, against the offending unit of government. This lawsuit must be brought not later than 2 years after the violation of subsection (a). If the court finds that a violation of paragraph (1) of subsection (a) has occurred, the court may award to the plaintiff actual and punitive damages and if the court finds that a violation of paragraph (2) of subsection (a) has occurred, the court may award to the plaintiff actual damages. The court, as it deems appropriate, may grant as relief any permanent or preliminary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in the violation of subsection (a) or mandating affirmative action.

(c) Upon motion, a court shall award reasonable attorneys' fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought:

(1) pursuant to subsection (b); or

(2) to enforce a right arising under the Illinois Constitution.

In awarding reasonable attorneys' fees, the court shall consider the degree to which the relief obtained relates to the relief sought.

(d) For the purpose of this Act, the term "prevailing party" includes any party:

(1) who obtains some of his or her requested relief through a judicial judgment in his or her favor;

(2) who obtains some of his or her requested relief through any settlement agreement approved by the court; or

(3) whose pursuit of a non-frivolous claim was a catalyst for a unilateral change in position by the opposing party relative to the relief sought.

(Source: P.A. 93-425, eff. 1-1-04.)".