SB1865 Enrolled

LRB095 13745 DRJ 39472 b






1
    AN ACT concerning civil law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:



 
4
    Section 5. The Parental Responsibility Law is amended  by 
5
changing Sections 3 and 5 as follows:
 



6
    (740 ILCS 115/3)  (from Ch. 70, par. 53)



7
    Sec. 3. Liability. The parent or legal guardian of an 
8
unemancipated minor who resides with
such parent or legal 
9
guardian is liable for actual damages for the wilful
or 
10
malicious acts of such minor which cause injury to a person or 
11
property,
including damages caused by a minor who has been 
12
adjudicated a delinquent for
violating
Section 21-1.3 of the 
13
Criminal Code of 1961.
Reasonable attorney's fees may be 
14
awarded to any a plaintiff that is not a
governmental unit in 
15
any action under this Act. If the plaintiff is a governmental 
16
unit, reasonable attorney's fees may be awarded up to $15,000. 

17
    The changes to this Section made by this amendatory Act of 
18
the 95th General Assembly apply to causes of action accruing on 
19
or after its effective date. 
20
(Source: P.A. 90-311, eff. 1-1-98.)

 



21
    (740 ILCS 115/5)  (from Ch. 70, par. 55)



22
    Sec. 5. Limitation on damages; damages allowable. 
No 
 


 






SB1865 Enrolled
- 2 -
LRB095 13745 DRJ 39472 b




1
recovery under
this Act may exceed $20,000 actual damages for 
2
each
person, or legal entity as provided in Section 4 of this 
3
Act, for the first act or each
occurrence of such wilful or 
4
malicious acts by the minor causing injury,
and $30,000 if a 
5
pattern or practice of wilful or malicious acts by a minor 
6
exists for a separate act or occurrence, in addition to taxable 
7
court costs and attorney's fees. In determining the
damages to 
8
be
allowed in an action under this Act for personal injury, 
9
only medical,
dental and hospital expenses and expenses for 
10
treatment by Christian Science
practitioners and nursing care 
11
appropriate thereto may be considered.

12
    The changes to this Section made by this amendatory Act of 
13
the 95th General Assembly apply to causes of action accruing on 
14
or after its effective date. 
15
(Source: P.A. 94-130, eff. 7-7-05.)