Public Act 097-1032
 
SB3677 EnrolledLRB097 15867 AJO 61533 b

    AN ACT concerning human rights.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Human Rights Act is amended by
changing Section 10-104 as follows:
 
    (775 ILCS 5/10-104)
    Sec. 10-104. Circuit Court Actions by the Illinois Attorney
General.
    (A) Standing, venue, limitations on actions, preliminary
investigations, notice, and Assurance of Voluntary Compliance.
        (1) Whenever the Illinois Attorney General has
    reasonable cause to believe that any person or group of
    persons is engaged in a pattern and practice of
    discrimination prohibited by this Act, the Illinois
    Attorney General may commence a civil action in the name of
    the People of the State, as parens patriae on behalf of
    persons within the State to enforce the provisions of this
    Act in any appropriate circuit court. Venue for this civil
    action shall be determined under paragraph (6) of
    subsection (C) of Section 8-111(B)(6). Such actions shall
    be commenced no later than 2 years after the occurrence or
    the termination of an alleged civil rights violation or the
    breach of a conciliation agreement or Assurance of
    Voluntary Compliance entered into under this Act,
    whichever occurs last, to obtain relief with respect to the
    alleged civil rights violation or breach.
        (2) Prior to initiating a civil action, the Attorney
    General shall conduct a preliminary investigation to
    determine whether there is reasonable cause to believe that
    any person or group of persons is engaged in a pattern and
    practice of discrimination declared unlawful by this Act
    and whether the dispute can be resolved without litigation.
    In conducting this investigation, the Attorney General
    may:
            (a) require the individual or entity to file a
        statement or report in writing under oath or otherwise,
        as to all information the Attorney General may consider
        necessary;
            (b) examine under oath any person alleged to have
        participated in or with knowledge of the alleged
        pattern and practice violation; or
            (c) issue subpoenas or conduct hearings in aid of
        any investigation.
        (3) Service by the Attorney General of any notice
    requiring a person to file a statement or report, or of a
    subpoena upon any person, shall be made:
            (a) personally by delivery of a duly executed copy
        thereof to the person to be served or, if a person is
        not a natural person, in the manner provided in the
        Code of Civil Procedure when a complaint is filed; or
            (b) by mailing by certified mail a duly executed
        copy thereof to the person to be served at his or her
        last known abode or principal place of business within
        this State.
        (4) In lieu of a civil action, the individual or entity
    alleged to have engaged in a pattern or practice of
    discrimination deemed violative of this Act may enter into
    an Assurance of Voluntary Compliance with respect to the
    alleged pattern or practice violation.
        (5) The Illinois Attorney General may commence a civil
    action under this subsection (A) whether or not a charge
    has been filed under Sections 7A-102 or 7B-102 and without
    regard to the status of any charge, however, if the
    Department or local agency has obtained a conciliation or
    settlement agreement or if the parties have entered into an
    Assurance of Voluntary Compliance no action may be filed
    under this subsection (A) with respect to the alleged civil
    rights violation practice that forms the basis for the
    complaint except for the purpose of enforcing the terms of
    the conciliation or settlement agreement or the terms of
    the Assurance of Voluntary Compliance.
        (6) Subpoenas.
            (a) Petition for enforcement. Whenever any person
        fails to comply with any subpoena issued under
        paragraph (2) of this subsection (A), or whenever
        satisfactory copying or reproduction of any material
        requested in an investigation cannot be done and the
        person refuses to surrender the material, the Attorney
        General may file in any appropriate circuit court, and
        serve upon the person, a petition for a court order for
        the enforcement of the subpoena or other request. Venue
        for this enforcement action shall be determined under
        paragraph (C)(6) of Section 8-111.
            (b) Petition to modify or set aside a subpoena.
                (i) Any person who has received a subpoena
            issued under paragraph (2) of this subsection (A)
            may file in the appropriate circuit court, and
            serve upon the Attorney General, a petition for a
            court order to modify or set aside the subpoena or
            other request. The petition must be filed either
            (I) within 20 days after the date of service of the
            subpoena or at any time before the return date
            specified in the subpoena, whichever date is
            earlier, or (II) within such longer period as may
            be prescribed in writing by the Attorney General.
                (ii) The petition shall specify each ground
            upon which the petitioner relies in seeking relief
            under subdivision (i) and may be based upon any
            failure of the subpoena to comply with the
            provisions of this Section or upon any
            constitutional or other legal right or privilege
            of the petitioner. During the pendency of the
            petition in the court, the court may stay, as it
            deems proper, the running of the time allowed for
            compliance with the subpoena or other request, in
            whole or in part, except that the petitioner shall
            comply with any portion of the subpoena or other
            request not sought to be modified or set aside.
            (c) Jurisdiction. Whenever any petition is filed
        in any circuit court under this paragraph (6), the
        court shall have jurisdiction to hear and determine the
        matter so presented and to enter such orders as may be
        required to carry out the provisions of this Section.
        Any final order so entered shall be subject to appeal
        in the same manner as appeals of other final orders in
        civil matters. Any disobedience of any final order
        entered under this paragraph (6) by any court shall be
        punished as a contempt of the court. If any person
        fails or refuses to file any statement or report, or
        obey any subpoena, issued pursuant to subdivision
        (A)(2) of this Section, the Attorney General will be
        deemed to have met the requirement of conducting a
        preliminary investigation and may proceed to initiate
        a civil action pursuant to subdivision (A)(1) of this
        Section.
    (B) Relief which may be granted.
        (1) In any civil action brought pursuant to subsection
    (A) of this Section, the Attorney General may obtain as a
    remedy, equitable relief (including any permanent or
    preliminary injunction, temporary restraining order, or
    other order, including an order enjoining the defendant
    from engaging in such civil rights violation or ordering
    any action as may be appropriate). In addition, the
    Attorney General may request and the Court may impose a
    civil penalty to vindicate the public interest:
            (a) for violations of Article 3 and Article 4 in an
        amount not exceeding $25,000 per violation, and in the
        case of violations of all other Articles in an amount
        not exceeding $10,000 if the defendant has not been
        adjudged to have committed any prior civil rights
        violations under the provision of the Act that is the
        basis of the complaint;
            (b) for violations of Article 3 and Article 4 in an
        amount not exceeding $50,000 per violation, and in the
        case of violations of all other Articles in an amount
        not exceeding $25,000 if the defendant has been
        adjudged to have committed one other civil rights
        violation under the provision of the Act within 5 years
        of the occurrence of the civil rights violation that is
        the basis of the complaint; and
            (c) for violations of Article 3 and Article 4 in an
        amount not exceeding $75,000 per violation, and in the
        case of violations of all other Articles in an amount
        not exceeding $50,000 if the defendant has been
        adjudged to have committed 2 or more civil rights
        violations under the provision of the Act within 5
        years of the occurrence of the civil rights violation
        that is the basis of the complaint.
        (2) A civil penalty imposed under subdivision (B)(1) of
    this Section shall be deposited into the Attorney General
    Court Ordered and Voluntary Compliance Payment Projects
    Fund, which is a special fund in the State Treasury. Moneys
    in the Fund shall be used, subject to appropriation, for
    the performance of any function pertaining to the exercise
    of the duties of the Attorney General including but not
    limited to enforcement of any law of this State and
    conducting public education programs; however, any moneys
    in the Fund that are required by the court or by an
    agreement to be used for a particular purpose shall be used
    for that purpose.
        (3) Aggrieved parties seeking actual damages must
    follow the procedure set out in Sections 7A-102 or 7B-102
    for filing a charge.
(Source: P.A. 95-961, eff. 9-23-08.)