Public Act 93-0425

HB2330 Enrolled                      LRB093 08351 LRD 08570 b

    AN ACT concerning civil rights.

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

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

    Section 5.  Discrimination prohibited.
    (a)  No unit of State, county,  or  local  government  in
Illinois shall:
         (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.