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90_SB1628eng
745 ILCS 10/3-108 from Ch. 85, par. 3-108
Amends the Local Governmental and Governmental Employees
Tort Immunity Act. Makes the following changes in
provisions exempting a local public entity and its employees
from liability for an injury caused by a failure to
supervise an activity or the use of public property: (i)
creates an exception for willful and wanton conduct
proximately causing an injury; (ii) deletes language relating
specifically to areas used for swimming; and (iii) provides
that neither a local public entity nor a public employee
supervising an activity on or the use of any public property
is liable for an injury unless the local public entity or
public employee is guilty of willful and wanton conduct
proximately causing the injury. Effective immediately.
LRB9009232WHsb
SB1628 Engrossed LRB9009232WHsb
1 AN ACT to amend the Local Governmental and Governmental
2 Employees Tort Immunity Act by changing Section 3-108.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Local Governmental and Governmental
6 Employees Tort Immunity Act is amended by changing Section
7 3-108 as follows:
8 (745 ILCS 10/3-108) (from Ch. 85, par. 3-108)
9 Sec. 3-108. (a) Except as otherwise provided by this Act
10 and subject to subdivision (b) neither a local public entity
11 nor a public employee is liable for an injury caused by a
12 failure to supervise an activity on or the use of any public
13 property.
14 (b) Where a local public entity or public employee
15 designates a part of public property to be used for purposes
16 of swimming and establishes and designates by notice posted
17 upon the premises the hours of such use, the entity or public
18 employee is liable only for an injury proximately caused by
19 its failure to provide supervision during the said hours
20 posted.
21 (Source: Laws 1965, p. 2983.)